Bill text (introduced) — H.R. 6201, Families First Coronavirus Response Act (2020-03-11)

Record facts

Full text

I 
116TH CONGRESS 
2D SESSION 
H. R. 6201 
Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2020, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2020 
Mrs. LOWEY (for herself, Mr. SCOTT of Virginia, Mr. NEAL, Mr. BISHOP of 
Georgia, Ms. DELAURO, Mr. PALLONE, and Mr. PETERSON) introduced 
the following bill; which was referred to the Committee on Appropria-
tions, 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 jurisdic-
tion of the committee concerned 
A BILL 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2020, and for other purposes. 
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled, 
2
SECTION 1. SHORT TITLE. 
3
This Act may be cited as the ‘‘Families First 
4
Coronavirus Response Act’’. 
5
SEC. 2. TABLE OF CONTENTS. 
6
The table of contents is as follows: 
7
DIVISION A—SECOND CORONAVIRUS PREPAREDNESS AND 
RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 
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DIVISION B—NUTRITION WAIVERS 
DIVISION C—COVID–19 HEALTH CARE WORKER PROTECTION ACT 
OF 2020 
DIVISION D—EMERGENCY PAID LEAVE ACT OF 2020 
DIVISION E—EMERGENCY UNEMPLOYMENT INSURANCE 
STABILIZATION AND ACCESS ACT OF 2020 
DIVISION F—PAID SICK DAYS FOR PUBLIC HEALTH 
EMERGENCIES AND PERSONAL AND FAMILY CARE 
DIVISION G—HEALTH PROVISIONS 
DIVISION H—BUDGETARY EFFECTS 
SEC. 3. REFERENCES. 
1
Except as expressly provided otherwise, any reference 
2
to ‘‘this Act’’ contained in any division of this Act shall 
3
be treated as referring only to the provisions of that divi-
4
sion. 
5
DIVISION A—SECOND CORONAVIRUS PRE-
6
PAREDNESS AND RESPONSE SUPPLE-
7
MENTAL APPROPRIATIONS ACT, 2020 
8
The following sums are hereby appropriated, out of 
9
any money in the Treasury not otherwise appropriated, 
10
for the fiscal year ending September 30, 2020, and for 
11
other purposes, namely: 
12
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TITLE I 
1
DEPARTMENT OF AGRICULTURE 
2
FOOD AND NUTRITION SERVICE 
3
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
4
WOMEN, INFANTS, AND CHILDREN (WIC) 
5
For an additional amount for the ‘‘Special Supple-
6
mental Nutrition Program for Women, Infants, and Chil-
7
dren’’, $500,000,000, to remain available through Sep-
8
tember 30, 2021: Provided, That such amount is des-
9
ignated by the Congress as being for an emergency re-
10
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11
anced Budget and Emergency Deficit Control Act of 1985. 
12
COMMODITY ASSISTANCE PROGRAM 
13
For an additional amount for the ‘‘Commodity As-
14
sistance Program’’ for the emergency food assistance pro-
15
gram as authorized by section 27(a) of the Food and Nu-
16
trition Act of 2008 (7 U.S.C. 2036(a)) and section 
17
204(a)(1) of the Emergency Food Assistance Act of 1983 
18
(7 U.S.C. 7508(a)(1)), $400,000,000, to remain available 
19
through September 30, 2021: Provided, That of the funds 
20
made available, the Secretary may use up to $100,000,000 
21
for costs associated with the distribution of commodities: 
22
Provided further, That such amount is designated by the 
23
Congress as being for an emergency requirement pursuant 
24
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to section 251(b)(2)(A)(i) of the Balanced Budget and 
1
Emergency Deficit Control Act of 1985. 
2
GENERAL PROVISIONS—THIS TITLE 
3
SEC. 101. (a) PUBLIC HEALTH EMERGENCY.—Dur-
4
ing fiscal year 2020, in any case in which a school is closed 
5
for at least 5 consecutive days during a public health 
6
emergency designation during which the school would oth-
7
erwise be in session, each household containing at least 
8
1 member who is an eligible child attending the school 
9
shall be eligible to receive assistance pursuant to a state 
10
agency plan approved under subsection (b). 
11
(b) ASSISTANCE.—To carry out this section, the Sec-
12
retary of Agriculture may approve State agency plans for 
13
temporary emergency standards of eligibility and levels of 
14
benefits under the Food and Nutrition Act of 2008 (7 
15
U.S.C. 2011 et seq.) for households with eligible children. 
16
Plans approved by the Secretary shall provide for supple-
17
mental allotments to households receiving benefits under 
18
such Act, and issuances to households not already receiv-
19
ing benefits. Such level of benefits shall be determined by 
20
the Secretary in an amount not less than the value of 
21
meals at the free rate over the course of 5 school days 
22
for each eligible child in the household. 
23
(c) MINIMUM CLOSURE REQUIREMENT.—The Sec-
24
retary of Agriculture shall not provide assistance under 
25
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this section in the case of a school that is closed for less 
1
than 5 consecutive days. 
2
(d) USE OF EBT SYSTEM.—A State agency may pro-
3
vide assistance under this section through the EBT card 
4
system established under section 7 of the Food and Nutri-
5
tion Act of 2008 (7 U.S.C. 2016). 
6
(e) RELEASE
OF INFORMATION.—Notwithstanding 
7
any other provision of law, the Secretary of Agriculture 
8
may authorize State educational agencies and school food 
9
authorities administering a school lunch program under 
10
the Richard B. Russell National School Lunch Act (42 
11
U.S.C. 1751 et seq.) to release to appropriate officials ad-
12
ministering the supplemental nutrition assistance program 
13
such information as may be necessary to carry out this 
14
section. 
15
(f) WAIVERS.—To facilitate implementation of this 
16
section, the Secretary of Agriculture may approve waivers 
17
of the limits on certification periods otherwise applicable 
18
under section 3(f) of the Food and Nutrition Act of 2008 
19
(7 U.S.C. 2012(f)), reporting requirements otherwise ap-
20
plicable under section 6(c) of such Act (7 U.S.C. 2015(c)), 
21
and other administrative requirements otherwise applica-
22
ble to State agencies under such Act. 
23
(g) AVAILABILITY OF COMMODITIES.—During fiscal 
24
year 2020, the Secretary of Agriculture may purchase 
25
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commodities for emergency distribution in any area of the 
1
United States during a public health emergency designa-
2
tion. 
3
(h) DEFINITIONS.—In this section: 
4
(1) The term ‘‘eligible child’’ means a child (as 
5
defined in section 12(d) or served under section 
6
11(a)(1) of the Richard B. Russell National School 
7
Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) who, if 
8
not for the closure of the school attended by the 
9
child during a public health emergency designation 
10
and due to concerns about a COVID–19 outbreak, 
11
would receive free or reduced price school meals 
12
under the Richard B. Russell National School Lunch 
13
Act (42 U.S.C. 175l et seq.) at the school. 
14
(2) The term ‘‘public health emergency designa-
15
tion’’ means the declaration— 
16
(A) of a public health emergency, based on 
17
an outbreak of SARS–CoV–2 or another 
18
coronavirus with pandemic potential, by the 
19
Secretary of Health and Human Services under 
20
section 319 of the Public Health Service Act 
21
(42 U.S.C. 247d); or 
22
(B) of a domestic emergency, based on an 
23
outbreak 
of 
SARS–CoV–2 
or 
another 
24
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coronavirus with pandemic potential, by the 
1
Secretary of Homeland Security. 
2
(3) The term ‘‘school’’ has the meaning given 
3
the term in section 12(d) of the Richard B. Russell 
4
National School Lunch Act (42 U.S.C. 1760(d)). 
5
(i) FUNDING.—There are hereby appropriated to the 
6
Secretary of Agriculture such amounts as are necessary 
7
to carry out this section: Provided, That such amount is 
8
designated by the Congress as being for an emergency re-
9
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
10
anced Budget and Emergency Deficit Control Act of 1985. 
11
SEC. 102. In addition to amounts otherwise made 
12
available, $100,000,000, to remain available through Sep-
13
tember 30, 2021, shall be available for the Secretary of 
14
Agriculture to provide grants to the Commonwealth of the 
15
Northern Mariana Islands, Puerto Rico, and American 
16
Samoa for nutrition assistance in response to a COVID– 
17
19 public health emergency: Provided, That such amount 
18
is designated by the Congress as being for an emergency 
19
requirement pursuant to section 251(b)(2)(A)(i) of the 
20
Balanced Budget and Emergency Deficit Control Act of 
21
1985. 
22
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TITLE II 
1
DEPARTMENT OF LABOR 
2
EMPLOYMENT AND TRAINING ADMINISTRATION 
3
PROGRAM ADMINISTRATION 
4
For an additional amount for ‘‘Program Administra-
5
tion’’, $5,000,000, to remain available through September 
6
30, 2022, to administer the emergency paid sick days pro-
7
gram: Provided, That such amount is designated by the 
8
Congress as being for an emergency requirement pursuant 
9
to section 251(b)(2)(A)(i) of the Balanced Budget and 
10
Emergency Deficit Control Act of 1985. 
11
DEPARTMENT OF HEALTH AND HUMAN 
12
SERVICES 
13
ADMINISTRATION FOR COMMUNITY LIVING 
14
AGING AND DISABILITY SERVICES PROGRAMS 
15
For an additional amount for ‘‘Aging and Disability 
16
Services Programs’’, $250,000,000, to remain available 
17
until September 30, 2021, for activities authorized under 
18
subparts 1 and 2 of part C, of title III, and under title 
19
VI, of the Older Americans Act of 1965, of which 
20
$160,000,000 shall be for Home-Delivered Nutrition Serv-
21
ices, $80,000,000 shall be for Congregate Nutrition Serv-
22
ices, and $10,000,000 shall be for Nutrition Services for 
23
Native Americans: Provided, That such amount is des-
24
ignated by the Congress as being for an emergency re-
25
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quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
1
anced Budget and Emergency Deficit Control Act of 1985. 
2
TITLE III 
3
GENERAL PROVISIONS—THIS ACT 
4
SEC. 301. Not later than 30 days after the date of 
5
enactment of this Act, the head of each executive agency 
6
that receives funding in this Act shall provide a report 
7
detailing the anticipated uses of all such funding to the 
8
Committees on Appropriations of the House of Represent-
9
atives and the Senate: Provided, That each report shall 
10
include estimated personnel and administrative costs, as 
11
well as the total amount of funding apportioned, allotted, 
12
obligated, and expended, to date: Provided further, That 
13
each such plan shall be updated and submitted to such 
14
Committees every 60 days until all funds are expended 
15
or expire. 
16
SEC. 302. Each amount appropriated or made avail-
17
able by this Act is in addition to amounts otherwise appro-
18
priated for the fiscal year involved. 
19
SEC. 303. No part of any appropriation contained in 
20
this Act shall remain available for obligation beyond the 
21
current fiscal year unless expressly so provided herein. 
22
SEC. 304. Unless otherwise provided for by this Act, 
23
the additional amounts appropriated by this Act to appro-
24
priations accounts shall be available under the authorities 
25
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and conditions applicable to such appropriations accounts 
1
for fiscal year 2020. 
2
SEC. 305. Each amount designated in this Act by the 
3
Congress as being for an emergency requirement pursuant 
4
to section 251(b)(2)(A)(i) of the Balanced Budget and 
5
Emergency Deficit Control Act of 1985 shall be available 
6
(or rescinded or transferred, if applicable) only if the 
7
President subsequently so designates all such amounts 
8
and transmits such designations to the Congress. 
9
SEC. 306. Any amount appropriated by this Act, des-
10
ignated by the Congress as an emergency requirement 
11
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
12
et and Emergency Deficit Control Act of 1985 and subse-
13
quently so designated by the President, and transferred 
14
pursuant to transfer authorities provided by this Act shall 
15
retain such designation. 
16
This division may be cited as the ‘‘Second 
17
Coronavirus Preparedness and Response Supplemental 
18
Appropriations Act, 2020’’. 
19
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DIVISION B—NUTRITION 
1
WAIVERS 
2
TITLE I—MAINTAINING ESSEN-
3
TIAL ACCESS TO LUNCH FOR 
4
STUDENTS ACT 
5
SEC. 101. SHORT TITLE. 
6
This title may be cited as the ‘‘Maintaining Essential 
7
Access to Lunch for Students Act’’ or the ‘‘MEALS Act’’. 
8
SEC. 102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE 
9
TO COVID–19. 
10
(a) IN GENERAL.—The requirements under section 
11
12(l)(1)(A)(iii) of the Richard B. Russell National School 
12
Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply 
13
to a qualified COVID–19 waiver. 
14
(b) ALLOWABLE INCREASE IN FEDERAL COSTS.— 
15
Notwithstanding paragraph (4) of section 12(l) of the 
16
Richard B. Russell National School Lunch Act (42 U.S.C. 
17
1760(l)), the Secretary of Agriculture may grant a quali-
18
fied COVID–19 waiver that increases Federal costs. 
19
(c) TERMINATION AFTER PERIODIC REVIEW.—The 
20
requirements under section 12(l)(5) of the Richard B. 
21
Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) 
22
shall not apply to a qualified COVID–19 waiver. 
23
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(d) QUALIFIED COVID–19 WAIVER.—In this sec-
1
tion, the term ‘‘qualified COVID–19 waiver’’ means a 
2
waiver— 
3
(1) requested by a State (as defined in section 
4
12(d)(8) of the Richard B. Russell National School 
5
Lunch Act (42 U.S.C. 1760(d)(8))) or eligible serv-
6
ice provider under section 12(l) of the Richard B. 
7
Russell National School Lunch Act (42 U.S.C. 
8
1760(l)); and 
9
(2) to waive any requirement under such Act 
10
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act 
11
of 1966 (42 U.S.C. 1771 et seq.), or any regulation 
12
issued under either such Act, for purposes of pro-
13
viding meals and meal supplements under such Acts 
14
during a school closure due to COVID–19. 
15
TITLE II—COVID—19 CHILD 
16
NUTRITION RESPONSE ACT 
17
SEC. 201. SHORT TITLE. 
18
This title may be cited as the ‘‘COVID–19 Child Nu-
19
trition Response Act’’. 
20
SEC. 202. NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
21
MENT WAIVERS ADDRESSING COVID–19. 
22
(a) NATIONWIDE WAIVER.— 
23
(1) IN GENERAL.—Notwithstanding any other 
24
provision of law, the Secretary may establish a waiv-
25
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er for all States under section 12(l) of the Richard 
1
B. Russell National School Lunch Act (42 U.S.C. 
2
1760(l)), for purposes of— 
3
(A) providing meals and meal supplements 
4
under a qualified program; and 
5
(B) carrying out subparagraph (A) with 
6
appropriate safety measures with respect to 
7
COVID–19, as determined by the Secretary. 
8
(2) STATE
ELECTION.—A waiver established 
9
under paragraph (1) shall— 
10
(A) notwithstanding paragraph (2) of sec-
11
tion 12(l) of the Richard B. Russell National 
12
School Lunch Act (42 U.S.C. 1760(l)), apply 
13
automatically to any State that elects to be sub-
14
ject to the waiver without further application; 
15
and 
16
(B) not be subject to the requirements 
17
under paragraph (3) of such section. 
18
(b) CHILD AND ADULT CARE FOOD PROGRAM WAIV-
19
ER.—Notwithstanding any other provision of law, the Sec-
20
retary may grant a waiver under section 12(l) of the Rich-
21
ard B. Russell National School Lunch Act (42 U.S.C. 
22
1760(l)) to allow non-congregate feeding under a child and 
23
adult care food program under section 17 of the Richard 
24
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B. Russell National School Lunch Act (42 U.S.C. 1766) 
1
if such waiver is for the purposes of— 
2
(1) providing meals and meal supplements 
3
under such child and adult care food program; and 
4
(2) carrying out paragraph (1) with appropriate 
5
safety measures with respect to COVID–19, as de-
6
termined by the Secretary. 
7
(c) MEAL
PATTERN
WAIVER.—Notwithstanding 
8
paragraph (4)(A) of section 12(l) of the Richard B. Rus-
9
sell National School Lunch Act (42 U.S.C. 1760(l)) the 
10
Secretary may grant a waiver under such section that re-
11
lates to the nutritional content of meals served if the Sec-
12
retary determines that— 
13
(1) such waiver is necessary to provide meals 
14
and meal supplements under a qualified program; 
15
and 
16
(2) there is a supply chain disruption with re-
17
spect to foods served under such a qualified program 
18
and such disruption is due to COVID–19. 
19
(d) REPORTS.—Each State that receives a waiver 
20
under subsection (a), (b), or (c), shall, not later than 1 
21
year after the date such State received such waiver, sub-
22
mit a report to the Secretary that includes the following: 
23
(1) A summary of the use of such waiver by the 
24
State and eligible service providers. 
25
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(2) A description of whether such waiver re-
1
sulted in improved services to children. 
2
(e) SUNSET.—The authority of the Secretary to es-
3
tablish or grant a waiver under this section shall expire 
4
on September 30, 2020. 
5
(f) DEFINITIONS.—In this section: 
6
(1) QUALIFIED PROGRAM.—The term ‘‘qualified 
7
program’’ means the following: 
8
(A) The school lunch program under the 
9
Richard B. Russell National School Lunch Act 
10
(42 U.S.C. 1751 et seq.). 
11
(B) The school breakfast program under 
12
section 4 of the Child Nutrition Act of 1966 
13
(42 U.S.C. 1773). 
14
(C) The child and adult care food program 
15
under section 17 of the Richard B. Russell Na-
16
tional School Lunch Act (42 U.S.C. 1766). 
17
(D) The summer food service program for 
18
children under section 13 of the Richard B. 
19
Russell National School Lunch Act (42 U.S.C. 
20
1761). 
21
(2) SECRETARY.—The term ‘‘Secretary’’ means 
22
the Secretary of Agriculture. 
23
(3) STATE.—The term ‘‘State’’ has the mean-
24
ing given such term in section 12(d)(8) of the Rich-
25
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ard B. Russell National School Lunch Act (42 
1
U.S.C. 1760(d)(8)). 
2
TITLE III—SNAP WAIVERS 
3
SEC. 301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS 
4
WORKERS. 
5
(a) Beginning with the first month that begins after 
6
the enactment of this Act and for each subsequent month 
7
through the end of the month subsequent to the month 
8
a public health emergency declaration by the Secretary of 
9
Health and Human Services under section 319 of the Pub-
10
lic Health Service Act based on an outbreak of coronavirus 
11
disease 2019 (COVID–19) is lifted, eligibility for supple-
12
mental nutrition assistance program benefits shall not be 
13
limited under section 6(o)(2) of the Food and Nutrition 
14
Act of 2008 unless an individual does not comply with the 
15
requirements of a program offered by the State agency 
16
(as defined in section 3 of the Food and Nutrition Act 
17
of 2008) that meets the standards of subparagraphs (B) 
18
or (C) of such section 6(o)(2). 
19
(b) Beginning on the month subsequent to the month 
20
the public health emergency declaration by the Secretary 
21
of Health and Human Services under section 319 of the 
22
Public Health Service Act based on an outbreak of 
23
COVID–19 is lifted for purposes of section 6(o) of the 
24
Food and Nutrition Act of 2008, such State agency shall 
25
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17 
•HR 6201 IH
disregard any period during which an individual received 
1
benefits under the supplemental nutrition assistance pro-
2
gram prior to such month. 
3
SEC. 302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC 
4
HEALTH EMERGENCY. 
5
(a) In the event of a public health emergency declara-
6
tion by the Secretary of Health and Human Services 
7
under section 319 of the Public Health Service Act based 
8
on an outbreak of coronavirus disease 2019 (COVID– 
9
19)and the issuance of an emergency or disaster declara-
10
tion by a State based on an outbreak of COVID–19, the 
11
Secretary of Agriculture— 
12
(1) shall provide, at the request of a State 
13
agency (as defined in section 3 of the Food and Nu-
14
trition Act of 2008) that provides sufficient data 
15
supporting such request, as determined by the Sec-
16
retary, for emergency allotments to households par-
17
ticipating in the supplemental nutrition assistance 
18
program under the Food and Nutrition Act of 2008 
19
to address temporary food needs not greater than 
20
the applicable maximum monthly allotment for the 
21
household size; and 
22
(2) may adjust at the request of State agencies 
23
or in consultation with State agencies, by guidance, 
24
issuance methods and application and reporting re-
25
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18 
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quirements under the Food and Nutrition Act of 
1
2008 to be consistent with what is practicable under 
2
actual conditions in affected areas. (In making this 
3
adjustment, the Secretary shall consider the avail-
4
ability of offices and personnel in State agencies, 
5
any conditions that make reliance on electronic ben-
6
efit transfer systems described in section 7(h) of the 
7
Food and Nutrition Act of 2008 impracticable, any 
8
disruptions of transportation and communication fa-
9
cilities, and any health considerations that warrant 
10
alternative approaches.) 
11
(b)(1) The Secretary of Agriculture shall make any 
12
requests submitted by State agencies under subsection (a), 
13
the Secretary’s approval or denial of such requests, and 
14
any guidance issued under subsection (a)(2) publicly avail-
15
able on the website of the Department of Agriculture. 
16
(2) The Secretary of Agriculture shall post the infor-
17
mation described in paragraph (1) on the website of the 
18
Department of Agriculture not later than 10 days after 
19
receipt or issuance of such information. 
20
(c) The Secretary of Agriculture shall, within 18 
21
months after the public health emergency declaration de-
22
scribed in subsection (a) is lifted, submit a report to the 
23
House and Senate Agriculture Committees with a descrip-
24
tion of the measures taken to address the food security 
25
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19 
•HR 6201 IH
needs of affected populations during the emergency, any 
1
information or data supporting State agency requests, any 
2
additional measures that States requested that were not 
3
approved, and recommendations for changes to the Sec-
4
retary’s authority under the Food and Nutrition Act of 
5
2008 to assist the Secretary and States and localities in 
6
preparations for any future health emergencies. 
7
DIVISION C—COVID–19 HEALTH 
8
CARE WORKER PROTECTION 
9
ACT OF 2020 
10
SEC. 1. SHORT TITLE. 
11
This Act may be cited as the ‘‘COVID-19 Health 
12
Care Worker Protection Act of 2020’’. 
13
SEC. 2. FINDINGS. 
14
Congress finds the following: 
15
(1) The infectious disease COVID–19 presents 
16
a grave danger to health care workers who are the 
17
first line of defense of the United States against this 
18
epidemic. 
19
(2) Hundreds of health care workers in the 
20
United States have been infected or quarantined due 
21
to exposure to patients with COVID–19. Surveys 
22
conducted by health care worker unions and others 
23
have found that many health care facilities are inad-
24
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20 
•HR 6201 IH
equately prepared to safely protect health care work-
1
ers who are exposed to the virus. 
2
(3) Inadequate infection control precautions 
3
have a detrimental impact on health care workers, 
4
patients and the public, and if there is breakdown in 
5
health care worker protections, the nation’s public 
6
health system is placed at risk. 
7
(4) The Severe Acute Respiratory Syndrome 
8
(hereinafter referred to as ‘‘SARS’’) epidemic of 
9
2003 and 2004 in Canada, which involved a 
10
coronavirus, resulted in a disproportionately large 
11
number of infections of both health care workers and 
12
patients in Ontario, Canada, hospitals due to insuffi-
13
cient infection control procedures involving SARS. 
14
(5) The Occupational Safety and Health Ad-
15
ministration began rulemaking on a standard to pro-
16
tect health care workers from airborne and other in-
17
fectious diseases in 2009. In 2017, the Trump Ad-
18
ministration suspended work on this rulemaking, re-
19
moving it from the active Regulatory Agenda. 
20
(6) The Centers for Disease Control and Pre-
21
vention issued a document entitled, ‘‘2007 Guideline 
22
for Isolation Precautions: Preventing Transmission 
23
of Infectious Agents in Healthcare Settings’’ in July, 
24
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21 
•HR 6201 IH
2007. However, the guideline in such document is 
1
not binding. 
2
(7) Absent an enforceable standard, employers 
3
lack mandatory requirements to implement an effec-
4
tive and ongoing infection and exposure control pro-
5
gram that provides protection to health care workers 
6
from COVID–19. 
7
(8) Section 6(c)(1) of the Occupational Safety 
8
and Health Act authorizes the Occupational Safety 
9
and Health Administration to issue an ‘‘Emergency 
10
Temporary Standard’’ if employees are exposed to 
11
grave danger from harmful agents or new hazards 
12
and if an emergency standard is necessary to protect 
13
employees from such danger. The widespread out-
14
break of COVID–19 clearly satisfies these two condi-
15
tions. 
16
(9) The Occupational Safety and Health Ad-
17
ministration has received two petitions in March 
18
2020 calling on the Occupational Safety and Health 
19
Administration to issue an Emergency Temporary 
20
Standard to protect workers from COVID–19. 
21
(10) An Emergency Temporary Standard is 
22
necessary to ensure the immediate protection of 
23
workers in health care workplaces and other high- 
24
risk workplaces identified by the Centers for Disease 
25
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Control and Prevention and the Occupational Safety 
1
and Health Administration from infection related to 
2
COVID–19. 
3
TITLE I—COVID–19 EMERGENCY 
4
TEMPORARY STANDARD 
5
SEC. 101. COVID–19 EMERGENCY TEMPORARY STANDARD. 
6
(a) EMERGENCY TEMPORARY STANDARD.—Pursuant 
7
to section 6(c)(1) of the Occupational Safety and Health 
8
Act of 1970 (29 U.S.C. 655(c)(1)), not later than 1 month 
9
after the date of enactment of this Act, the Secretary of 
10
Labor shall promulgate an emergency temporary standard 
11
to protect from occupational exposure to SARS–CoV–2— 
12
(1) employees of health care sector employers; 
13
and 
14
(2) employees in other sectors whom the Cen-
15
ters for Disease Control and Prevention or the Occu-
16
pational Safety and Health Administration identifies 
17
as having elevated risk. 
18
(b) PERMANENT STANDARD.—Upon publication of 
19
the emergency standard under subsection (a), the Sec-
20
retary of Labor shall commence a proceeding to promul-
21
gate a standard under section 6(c)(3) of the Occupational 
22
Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with 
23
respect to such emergency temporary standard. 
24
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•HR 6201 IH
(c) REQUIREMENTS.—Each standard promulgated 
1
under this section shall— 
2
(1) require the employers of the employees de-
3
scribed in subsection (a) to develop and implement 
4
a comprehensive infectious disease exposure control 
5
plan; and 
6
(2) at a minimum, be based on the precautions 
7
for severe acute respiratory syndrome (SARS) in the 
8
‘‘2007 Guideline for Isolation Precautions: Pre-
9
venting Transmission of Infectious Agents in 
10
Healthcare Settings’’ of the Centers for Disease 
11
Control and Prevention and any subsequent updates; 
12
and 
13
(3) provide no less protection for novel patho-
14
gens than precautions mandated by standards 
15
adopted by a State plan that has been approved by 
16
the Secretary of Labor under section 18 of the Oc-
17
cupational Safety and Health Act of 1970 (29 
18
U.S.C. 667). 
19
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•HR 6201 IH
TITLE II—AMENDMENTS TO THE 
1
SOCIAL SECURITY ACT 
2
SEC. 201. APPLICATION OF COVID–19 EMERGENCY TEM-
3
PORARY STANDARD TO CERTAIN FACILITIES 
4
RECEIVING MEDICARE FUNDS. 
5
(a) IN GENERAL.—Section 1866 of the Social Secu-
6
rity Act (42 U.S.C. 1395cc) is amended— 
7
(1) in subsection (a)(1)— 
8
(A) in subparagraph (X), by striking 
9
‘‘and’’ at the end; 
10
(B) in subparagraph (Y), by striking the 
11
period at the end and inserting ‘‘; and’’; and 
12
(C) by inserting after subparagraph (Y) 
13
the following new subparagraph: 
14
‘‘(Z) in the case of hospitals that are not 
15
otherwise subject to the Occupational Safety 
16
and Health Act of 1970 (or a State occupa-
17
tional safety and health plan that is approved 
18
under section 18(b) of such Act) and skilled 
19
nursing facilities that are not otherwise subject 
20
to such Act (or such a State occupational safety 
21
and health plan), to comply with the standards 
22
promulgated under section 101 of the Covid–19 
23
Health Care Worker Protection Act of 2020.’’; 
24
and 
25
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25 
•HR 6201 IH
(2) in subsection (b)(4)— 
1
(A) in subparagraph (A), by inserting 
2
‘‘and a hospital or skilled nursing facility that 
3
fails to comply with the requirement of sub-
4
section (a)(1)(Z) (relating to the standards pro-
5
mulgated under section 101 of the Covid–19 
6
Health Care Worker Protection Act of 2020)’’ 
7
after ‘‘Bloodborne Pathogens Standard)’’; and 
8
(B) in subparagraph (B)— 
9
(i) by striking ‘‘(a)(1)(U)’’ and insert-
10
ing ‘‘(a)(1)(V)’’; and 
11
(ii) by inserting ‘‘(or, in the case of a 
12
failure to comply with the requirement of 
13
subsection (a)(1)(Z), for a violation of the 
14
standards referred to in such subsection by 
15
a hospital or skilled nursing facility, as ap-
16
plicable, that is subject to the provisions of 
17
such Act)’’ before the period at the end. 
18
(b) EFFECTIVE DATE.—The amendments made by 
19
subsection (a) shall apply beginning on the date that is 
20
1 month after the date of promulgation of the emergency 
21
temporary standard under section 101 of the COVID–19 
22
Health Care Worker Protection Act of 2020. 
23
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•HR 6201 IH
DIVISION D—EMERGENCY PAID 
1
LEAVE ACT OF 2020 
2
SEC. 101. SHORT TITLE. 
3
This division may be cited as the ‘‘Emergency Paid 
4
Leave Act of 2020’’. 
5
SEC. 102. EMERGENCY PAID LEAVE BENEFITS. 
6
The Social Security Act is amended by inserting after 
7
title V the following: 
8
‘‘TITLE VI—EMERGENCY PAID 
9
LEAVE BENEFITS 
10
‘‘SEC. 601. DEFINITIONS. 
11
‘‘In this title, the following definitions apply: 
12
‘‘(1) EMERGENCY LEAVE DAY.— 
13
‘‘(A) IN GENERAL.—The term ‘emergency 
14
leave day’ means, with respect to an individual, 
15
a calendar day in which the individual is not 
16
able to engage in employment due to any of the 
17
following reasons: 
18
‘‘(i) The individual has a current di-
19
agnosis of COVID–19. 
20
‘‘(ii) The individual is under quar-
21
antine (including self-imposed quarantine), 
22
at the instruction of a health care provider, 
23
employer, or a local, State, or Federal offi-
24
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27 
•HR 6201 IH
cial, in order to prevent the spread of 
1
COVID–19. 
2
‘‘(iii) The individual is engaged in 
3
caregiving for an individual who has a cur-
4
rent diagnosis of COVID–19 or is under 
5
quarantine as described in clause (ii). 
6
‘‘(iv) The individual is engaged in 
7
caregiving, because of the COVID–19-re-
8
lated closing of a school or other care facil-
9
ity or care program, for a child or other in-
10
dividual unable to provide self-care. 
11
‘‘(B) LIMITATION.—No calendar day may 
12
be treated as an emergency leave day with re-
13
spect to an individual if the individual— 
14
‘‘(i) received any form of compensa-
15
tion from an employer (other than State or 
16
private paid leave), including wages or any 
17
form of accrued paid leave, for such day; 
18
or 
19
‘‘(ii) was eligible for unemployment 
20
compensation for the week in which such 
21
day occurs. 
22
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
23
sioner’ means the Commissioner of Social Security. 
24
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•HR 6201 IH
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
1
individual’ means an individual who had wages or 
2
self-employment income during the 30-day period 
3
ending on the first emergency leave day with respect 
4
to such individual. 
5
‘‘(4) SELF-EMPLOYMENT
INCOME.—The term 
6
‘self-employment income’ has the meaning given the 
7
term in section 1402(b) of the Internal Revenue 
8
Code of 1986 for purposes of the taxes imposed by 
9
section 1401(b) of such Code. 
10
‘‘(5) STATE.—The term ‘State’ means any 
11
State of the United States or the District of Colum-
12
bia or any territory or possession of the United 
13
States. 
14
‘‘(6) STATE
OR
PRIVATE
PAID
LEAVE.—The 
15
term ‘State or private paid leave’ means a benefit 
16
which provides full or partial wage replacement to 
17
employees on the basis of specifically defined quali-
18
fying events described in section 102 of the Family 
19
and Medical Leave Act of 1993 or defined by a writ-
20
ten employer policy or State law and which ends ei-
21
ther when the qualifying event is no longer applica-
22
ble or a set period of benefits is exhausted. 
23
‘‘(7) UNEMPLOYMENT
COMPENSATION.—The 
24
term unemployment compensation means— 
25
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29 
•HR 6201 IH
‘‘(A) ‘regular compensation’, ‘extended 
1
compensation’, and ‘additional compensation’ 
2
(as such terms are defined by section 205 of 
3
the Federal-State Extended Unemployment 
4
Compensation Act (26 U.S.C. 3304 note)); and 
5
‘‘(B) assistance under section 410 of the 
6
Robert T. Stafford Disaster Relief and Emer-
7
gency Assistance Act (42 U.S.C. 5177). 
8
‘‘(8) WAGES.—The term ‘wages’ has the mean-
9
ing given such term in section 3121(a) of the Inter-
10
nal Revenue Code of 1986 for purposes of the taxes 
11
imposed by sections 3101(b) and 3111(b) of such 
12
Code. 
13
‘‘SEC. 602. EMERGENCY PAID LEAVE BENEFITS. 
14
‘‘(a) IN GENERAL.—The Commissioner shall pay an 
15
emergency paid leave benefit, to be paid electronically or, 
16
if necessary, by mail, to each eligible individual for each 
17
30-day period beginning and ending in the benefit period 
18
(not to exceed 3) for which the eligible individual has filed 
19
an application containing such certifications as required 
20
under subsection (e). 
21
‘‘(b) BENEFIT AMOUNT.— 
22
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
23
the amount of the emergency paid leave benefit to 
24
which an individual is entitled under subsection (a) 
25
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30 
•HR 6201 IH
for a 30-day period shall be an amount (not to ex-
1
ceed $4,000) equal to 2/3 of the individual’s average 
2
monthly earnings. 
3
‘‘(2) REDUCTION BASED ON RECEIPT OF STATE 
4
OR PRIVATE PAID LEAVE.—The amount of an emer-
5
gency paid leave benefit to which an individual is en-
6
titled under subsection (a) for a 30-day period shall 
7
be reduced by $1 for each dollar of State or private 
8
paid leave received by the individual for such period. 
9
‘‘(3) AVERAGE MONTHLY EARNINGS.—For pur-
10
poses of this subsection, an individual’s average 
11
monthly earnings shall be equal to the quotient ob-
12
tained by dividing— 
13
‘‘(A) the total of the wages and self-em-
14
ployment income received by the individual dur-
15
ing the most recent calendar year preceding an 
16
application for an emergency paid leave benefit 
17
under this section for which data is available to 
18
the Commissioner; by 
19
‘‘(B) 12. 
20
‘‘(c) BENEFIT PERIOD.—For purposes of this sec-
21
tion, the benefit period begins on January 19, 2020, and 
22
ends on the date that is 1 year after the date of enactment 
23
of this title. 
24
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•HR 6201 IH
‘‘(d) RETROACTIVE BENEFITS.—An application for 
1
benefits for any month beginning and ending in the benefit 
2
period may be filed at any time prior to the date that is 
3
180 days after the end of such benefit period. 
4
‘‘(e) APPLICATION.— 
5
‘‘(1) IN GENERAL.—An application for an emer-
6
gency paid leave benefit under this section for a 30- 
7
day period shall include— 
8
‘‘(A) an attestation by the individual— 
9
‘‘(i) that he or she is an eligible indi-
10
vidual; 
11
‘‘(ii) that at least 14 emergency leave 
12
days with respect to the individual oc-
13
curred, or are expected to occur, during 
14
such period; and 
15
‘‘(iii) that the individual has informed 
16
his or her employer of the individual’s need 
17
to take emergency leave, if the individual 
18
has an employer. 
19
‘‘(2) AVAILABILITY.—The Commissioner shall 
20
accept applications online, by telephone, and by 
21
mail. 
22
‘‘(3) AUTHENTICATION
OF
IDENTITY.—The 
23
Commissioner is authorized to take such steps as are 
24
necessary to authenticate the identity of applicants. 
25
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32 
•HR 6201 IH
‘‘(4) PENALTIES
FOR
FRAUD.—Any fraud or 
1
misrepresentation relating to an application for ben-
2
efits under this title shall be treated as a violation 
3
of section 208. 
4
‘‘(f) INELIGIBILITY BASED ON FRAUD AND CRIMINAL 
5
ACTIVITY.— 
6
‘‘(1) INELIGIBILITY FOLLOWING CERTAIN CON-
7
VICTIONS.—An individual who has been convicted of 
8
a violation under section 208 or who has been found 
9
to have used false statements to secure benefits 
10
under this section shall be ineligible for benefits 
11
under this section. 
12
‘‘(2) INELIGIBILITY OF PRISONERS.—An indi-
13
vidual shall be ineligible for a benefit under this sec-
14
tion for any 30-day period with respect to which the 
15
individual is an individual described in clause (i), 
16
(ii), or (iii) of section 202(x)(1)(A). 
17
‘‘(g) REVIEW OF ELIGIBILITY AND BENEFIT PAY-
18
MENT DETERMINATIONS.— 
19
‘‘(1) BURDEN OF PROOF.—An application for 
20
benefits under this section shall be presumed to be 
21
true and accurate, unless the Commissioner dem-
22
onstrates by a preponderance of the evidence that 
23
information contained in the application is false. 
24
‘‘(2) REVIEW.— 
25
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33 
•HR 6201 IH
‘‘(A) IN GENERAL.—An individual may re-
1
quest review of an adverse determination with 
2
respect to such application or of a benefit pay-
3
ment determination and shall have the same ap-
4
peals rights as provided under title II. 
5
‘‘(B) FINAL DETERMINATIONS.—All final 
6
determinations of the Commissioner under this 
7
subsection shall be reviewable according to the 
8
procedures set out in section 205. 
9
‘‘(3) PROGRAM INTEGRITY.—The Commissioner 
10
shall have the authority to conduct random sample 
11
audits of benefits provided under this title to ensure 
12
compliance with the eligibility requirements for such 
13
benefits. 
14
‘‘(h) PROTECTION OF EXISTING BENEFIT RIGHTS.— 
15
‘‘(1) IN GENERAL.—This title does not preempt 
16
or supercede any provision of State or local law that 
17
authorizes a State or local municipality to provide 
18
paid leave benefits similar to the benefits provided 
19
under this title. 
20
‘‘(2) GREATER BENEFITS ALLOWED.—Nothing 
21
in this title shall be construed to diminish the obli-
22
gation of an employer to comply with any contract, 
23
collective bargaining agreement, or any employment 
24
benefit program or plan that provides greater paid 
25
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34 
•HR 6201 IH
leave or other leave rights to employees than the 
1
rights established under this title. 
2
‘‘(i) REIMBURSEMENT GRANTS
TO STATES.—Not 
3
later than July 1, 2021, the Secretary of the Treasury, 
4
in consultation with the Commissioner of Social Security, 
5
shall make a grant to each State in an amount equal to 
6
the total amount, for all 30-day periods beginning and 
7
ending in the benefit period, by which benefits under this 
8
title were reduced under subsection (b)(2) as a result of 
9
State and private paid leave paid by such State or under 
10
the law of such State. 
11
‘‘(j) APPLICABILITY OF CERTAIN TITLE II PROVI-
12
SIONS.—The provisions of sections 204, 205, 206, and 
13
208 shall apply to benefit payments made under this sec-
14
tion in the same way that such provisions apply to benefit 
15
payments made under title II. 
16
‘‘(k) NO EFFECT ON ELIGIBILITY FOR SSI.—Any 
17
benefit paid to an individual under this title shall not be 
18
regarded as income or resources for any month, for pur-
19
poses of determining the eligibility of the recipient (or the 
20
recipient’s spouse or family) for benefits or assistance, or 
21
the amount or extent of benefits or assistance, under the 
22
Supplemental Security Income program. 
23
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35 
•HR 6201 IH
‘‘SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION 
1
AUTHORITY. 
2
‘‘(a) FUNDING.—There are appropriated such sums 
3
as necessary to the Commissioner of Social Security to ad-
4
minister and pay benefits under the program established 
5
under this title, and to the Secretary of the Treasury for 
6
reimbursement grants under section 602(i). 
7
‘‘(b) EXPEDITED IMPLEMENTATION AUTHORITY.— 
8
In order to expedite the implementation of the emergency 
9
paid leave program under this title, the Commissioner is 
10
authorized to waive existing Federal requirements regard-
11
ing paperwork reduction, system of records notices, con-
12
tracting and acquisitions, and hiring. 
13
‘‘(c) 
PROTECTION
OF
EXISTING
EMPLOYEE 
14
RIGHTS.—This title does not preempt or supersede exist-
15
ing collective bargaining agreements. 
16
‘‘SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST 
17
FUNDS. 
18
‘‘No funds from the Federal Old-Age and Survivors 
19
Insurance Trust Fund or the Federal Disability Insurance 
20
Trust Fund, or appropriated to the Social Security Ad-
21
ministration for the administration of titles II or XVI, 
22
may be used for any purpose under this title. 
23
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36 
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‘‘SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS. 
1
‘‘No amount received by an individual under this title 
2
shall be included in gross income for purposes of the Inter-
3
nal Revenue Code of 1986.’’. 
4
SEC. 103. AMENDMENTS TO THE FAMILY AND MEDICAL 
5
LEAVE ACT OF 1993. 
6
(a) PUBLIC HEALTH EMERGENCY LEAVE.—Section 
7
102(a)(1) of the Family and Medical Leave Act of 1993 
8
(29 U.S.C. 2612(a)(1)) is amended by adding at the end 
9
the following: 
10
‘‘(F) During the 2-year period beginning 
11
on the date of the enactment of the Emergency 
12
Paid Leave Act of 2020, because of a qualifying 
13
need related to a public health emergency in ac-
14
cordance with section 110.’’. 
15
(b) REQUIREMENTS.—Title I of the Family and Med-
16
ical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amend-
17
ed by adding at the end the following: 
18
‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. 
19
‘‘(a) DEFINITIONS.—The following shall apply with 
20
respect to leave under section 102(a)(1)(F): 
21
‘‘(1) APPLICATION OF CERTAIN TERMS.—The 
22
definitions in section 101 shall apply, except as fol-
23
lows: 
24
‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the 
25
definition in section 101(4)(A), the term ‘eligi-
26
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37 
•HR 6201 IH
ble employee’ means an individual who has been 
1
employed for at least 30 days by the employer 
2
with respect to whom leave is requested under 
3
section 102(a)(1)(F). 
4
‘‘(B) 
EMPLOYER
THRESHOLD.—Section 
5
101(4)(A)(i) shall be applied by substituting ‘1 
6
or more employees’ for ‘50 or more employees 
7
for each working day during each of 20 or more 
8
calendar workweeks in the current or preceding 
9
calendar year’. 
10
‘‘(C) HEALTH
CARE
PROVIDER.—In sec-
11
tion 101(6), the term ‘health care provider’ in-
12
cludes a nurse practitioner. 
13
‘‘(D) PARENT.—In lieu of the definition in 
14
section 101(7), the term ‘parent’, with respect 
15
to an employee, means any of the following: 
16
‘‘(i) A biological, foster, or adoptive 
17
parent of the employee. 
18
‘‘(ii) A stepparent of the employee. 
19
‘‘(iii) A parent-in-law of the employee. 
20
‘‘(iv) A parent of a domestic partner 
21
of the employee. 
22
‘‘(v) A legal guardian or other person 
23
who stood in loco parentis to an employee 
24
when the employee was a child. 
25
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38 
•HR 6201 IH
‘‘(2) ADDITIONAL DEFINITIONS.—In addition to 
1
the definitions described in paragraph (1), the fol-
2
lowing definitions shall apply with respect to leave 
3
under section 102(a)(1)(F): 
4
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
5
PUBLIC
HEALTH
EMERGENCY.—The 
term 
6
‘qualifying need related to a public health emer-
7
gency’, with respect to leave, means that a pub-
8
lic health emergency has been declared in a lo-
9
cation that includes the employee’s work (in-
10
cluding the commuting route of the employee), 
11
residence, or community, and the employee has 
12
a need for leave for one of the following: 
13
‘‘(i) To comply with a recommenda-
14
tion or order by a health authority having 
15
jurisdiction or a health care provider on 
16
the basis that— 
17
‘‘(I) the physical presence of the 
18
employee on the job would jeopardize 
19
the health of others because of— 
20
‘‘(aa) the exposure of the 
21
employee to coronavirus; or 
22
‘‘(bb) exhibition of symp-
23
toms of coronavirus by the em-
24
ployee; and 
25
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39 
•HR 6201 IH
‘‘(II) the employee is unable to 
1
both perform the functions of the po-
2
sition of such employee and comply 
3
with such recommendation or order. 
4
‘‘(ii) To care for a family member of 
5
an eligible employee with respect to whom 
6
a health authority having jurisdiction or a 
7
health care provider makes a determina-
8
tion that the presence of the family mem-
9
ber in the community would jeopardize the 
10
health of other individuals in the commu-
11
nity because of— 
12
‘‘(I) the exposure of such family 
13
member to coronavirus; or 
14
‘‘(II) exhibition of symptoms of 
15
coronavirus by such family member. 
16
‘‘(iii) To care for the son or daughter 
17
of such employee if the school or place of 
18
care has been closed, or the child care pro-
19
vider of such son or daughter is unavail-
20
able, due to a public health emergency. 
21
‘‘(B) PUBLIC HEALTH EMERGENCY.—The 
22
term ‘public health emergency’ means an emer-
23
gency with respect to coronavirus declared by a 
24
Federal, State, or local authority. 
25
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40 
•HR 6201 IH
‘‘(C) CHILD CARE PROVIDER.—The term 
1
‘child care provider’ means a provider who re-
2
ceives compensation for providing child care 
3
services on a regular basis, including an ‘eligible 
4
child care provider’ (as defined in section 658P 
5
of the Child Care and Development Block 
6
Grant Act of 1990 (42 U.S.C. 9858n)). 
7
‘‘(D) 
CORONAVIRUS.—The 
term 
8
‘coronavirus’ has the meaning given the term in 
9
section 506 of the Coronavirus Preparedness 
10
and Response Supplemental Appropriations 
11
Act, 2020. 
12
‘‘(E) SCHOOL.—The term ‘school’ means 
13
an ‘elementary school’ or ‘secondary school’ as 
14
such terms are defined in section 8101 of the 
15
Elementary and Secondary Education Act of 
16
1965 (20 U.S.C. 7801). 
17
‘‘(F) FAMILY.—The term ‘family member’, 
18
with respect to an employee, means any of the 
19
following: 
20
‘‘(i) A parent of the employee. 
21
‘‘(ii) A spouse of the employee. 
22
‘‘(iii) A sibling of the employee. 
23
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41 
•HR 6201 IH
‘‘(iv) Next of kin of the employee or 
1
a person for whom the employee is next of 
2
kin. 
3
‘‘(v) A son or daughter of the em-
4
ployee. 
5
‘‘(vi) A grandparent or grandchild of 
6
the employee. 
7
‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
8
DUCED WORK SCHEDULE.— 
9
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
10
leave taken under section 102(a)(1)(F) may not be 
11
taken intermittently or on a reduced work schedule. 
12
‘‘(2) CARE
FOR
SON
OR
DAUGHTER.—Para-
13
graph (1) shall not apply with respect to leave taken 
14
for the purpose described in subsection (a)(2)(A)(iii) 
15
if the son or daughter of the employee with respect 
16
to whom the subsection applies has not been exposed 
17
to coronavirus. 
18
‘‘(c) RELATIONSHIP TO PAID LEAVE.— 
19
‘‘(1) IN GENERAL.—An employee may elect to 
20
substitute any of the accrued vacation leave, per-
21
sonal leave, or medical or sick leave for leave under 
22
section 102(a)(1)(F) in accordance with section 
23
102(d)(2)(B). 
24
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42 
•HR 6201 IH
‘‘(2) EMPLOYER REQUIREMENT.—An employer 
1
may not require an employee to substitute any leave 
2
as described in paragraph (1) for leave under section 
3
102(a)(1)(F). 
4
‘‘(d) NOTICE.—In any case where the necessity for 
5
leave under section 102(a)(1)(F) for the purpose described 
6
in subsection (a)(2)(A)(iii) is foreseeable, an employee 
7
shall provide the employer with such notice of leave as is 
8
practicable. 
9
‘‘(e) CERTIFICATION.— 
10
‘‘(1) IN GENERAL.—An employer may require 
11
that a request for leave under section 102(a)(1)(F) 
12
be supported by documentation described in para-
13
graph (2). An employer may not require such docu-
14
mentation until not later than 3 weeks after the date 
15
on which the employee takes such leave. 
16
‘‘(2) SUFFICIENT
CERTIFICATION.—The fol-
17
lowing documentation shall be sufficient certifi-
18
cation: 
19
‘‘(A) With respect to leave taken for the 
20
purposes described in clause (i) or (ii) of sub-
21
section (a)(2)(A)— 
22
‘‘(i) a recommendation or order from 
23
a health authority having jursidiction or a 
24
health care provider that the relevant indi-
25
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43 
•HR 6201 IH
vidual has symptoms of coronavirus or 
1
should be quarantined; or 
2
‘‘(ii) documentation or evidence that 
3
the relevant individual has been exposed to 
4
coronavirus. 
5
‘‘(B) With respect to leave taken for the 
6
purposes described in clause (iii) of subsection 
7
(a)(2)(A), notice from the school, place of care, 
8
or child care provider of the son or daughter of 
9
the employee of closure or unavailability. 
10
‘‘(f) RESTORATION TO POSITION.— 
11
‘‘(1) IN GENERAL.—Section 104(a)(1) shall not 
12
apply with respect to an employee of an employer 
13
who employs fewer than 25 employees if the condi-
14
tions described in paragraph (2) are met. 
15
‘‘(2) CONDITIONS.—The conditions described in 
16
this paragraph are the following: 
17
‘‘(A) The employee takes leave under sec-
18
tion 102(a)(1)(F). 
19
‘‘(B) The position held by the employee 
20
when the leave commenced does not exist due to 
21
economic conditions or other changes in oper-
22
ating conditions of the employer— 
23
‘‘(i) that affect employment; and 
24
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44 
•HR 6201 IH
‘‘(ii) are caused by a public health cri-
1
sis during the period of leave. 
2
‘‘(C) The employer makes reasonable ef-
3
forts to restore the employee to a position 
4
equivalent to the position the employee held 
5
when the leave commenced, with equivalent em-
6
ployment benefits, pay, and other terms and 
7
conditions of employment. 
8
‘‘(D) If the reasonable efforts of the em-
9
ployer under subparagraph (C) fail, the em-
10
ployer makes reasonable efforts during the pe-
11
riod described in paragraph (3) to contact the 
12
employee if an equivalent position described in 
13
subparagraph (C) becomes available. 
14
‘‘(3) CONTACT PERIOD.—The period described 
15
under this paragraph is the 1-year period beginning 
16
on the earlier of— 
17
‘‘(A) the date on which the qualifying need 
18
related to a public health emergency concludes; 
19
or 
20
‘‘(B) the date that is 12 weeks after the 
21
date on which the employee’s leave under sec-
22
tion 102(a)(1)(F) commences.’’. 
23
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45 
•HR 6201 IH
DIVISION E—EMERGENCY UNEM-
1
PLOYMENT INSURANCE STA-
2
BILIZATION AND ACCESS ACT 
3
OF 2020 
4
SEC. 101. SHORT TITLE. 
5
This division may be cited as the ‘‘Emergency Unem-
6
ployment Insurance Stabilization and Access Act of 
7
2020’’. 
8
SEC. 102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT 
9
COMPENSATION ADMINISTRATION. 
10
(a) IN GENERAL.—Section 903 of the Social Security 
11
Act (42 U.S.C. 1103) is amended by adding at the end 
12
the following: 
13
‘‘Emergency Transfers in Fiscal Year 2020 for 
14
Administration 
15
‘‘(h)(1)(A) In addition to any other amounts, the Sec-
16
retary of Labor shall provide for the making of emergency 
17
administration grants in fiscal year 2020 to the accounts 
18
of the States in the Unemployment Trust Fund, by trans-
19
fer from amounts reserved for that purpose in the Federal 
20
unemployment account, in accordance with succeeding 
21
provisions of this subsection. 
22
‘‘(B) The amount of an emergency administration 
23
grant with respect to a State shall, as determined by the 
24
Secretary of Labor, be equal to the amount obtained by 
25
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46 
•HR 6201 IH
multiplying $1,000,000,000 by the same ratio as would 
1
apply under subsection (a)(2)(B) for purposes of deter-
2
mining such State’s share of any excess amount (as de-
3
scribed in subsection (a)(1)) that would have been subject 
4
to transfer to State accounts, as of October 1, 2019, under 
5
the provisions of subsection (a). 
6
‘‘(C) Of the emergency administration grant deter-
7
mined under subparagraph (B) with respect to a State— 
8
‘‘(i) not later than 30 days after the date of en-
9
actment of this subsection, 50 percent shall be 
10
transferred to the account of such State upon a cer-
11
tification by the Secretary of Labor to the Secretary 
12
of the Treasury that the State meets the require-
13
ments of paragraph (2); and 
14
‘‘(ii) only with respect to a State in which the 
15
number of unemployment compensation claims has 
16
increased by at least 10 percent over the previous 
17
calendar year, the remainder shall be transferred to 
18
the account of such State upon a certification by the 
19
Secretary of Labor to the Secretary of the Treasury 
20
that the State meets the requirements of paragraph 
21
(3). 
22
‘‘(2) The requirements of this paragraph with respect 
23
to a State are the following: 
24
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47 
•HR 6201 IH
‘‘(A) The State requires employers to provide 
1
notification of the availability of unemployment com-
2
pensation to employees at the time of separation 
3
from employment. Such notification may be based 
4
on model language issued by the Secretary of Labor. 
5
‘‘(B) The State ensures that applications for 
6
unemployment compensation, and assistance with 
7
the application process, are accessible in at least two 
8
of the following: in-person, by phone, or online. 
9
‘‘(C) The State notifies applicants when an ap-
10
plication is received and is being processed, and in 
11
any case in which an application is unable to be 
12
processed, provides information about steps the ap-
13
plicant can take to ensure the successful processing 
14
of the application. 
15
‘‘(3) The requirements of this paragraph with respect 
16
to a State are the following: 
17
‘‘(A) The State has expressed its commitment 
18
to maintain and strengthen access to the unemploy-
19
ment compensation system, including through initial 
20
and continued claims. 
21
‘‘(B) The State has demonstrated steps it has 
22
taken or will take to ease eligibility requirements 
23
and access to unemployment compensation for claim-
24
ants, including waiving work search requirements 
25
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48 
•HR 6201 IH
and the waiting week, and directly or indirectly re-
1
lieving benefit charges for claimants and employers 
2
directly impacted by COVID–19 due to an illness in 
3
the workplace or direction from a public health offi-
4
cial to isolate or quarantine workers. 
5
‘‘(4) Any amount transferred to the account of a 
6
State under this subsection may be used by such State 
7
only for the administration of its unemployment com-
8
pensation law, including by taking such steps as may be 
9
necessary to ensure adequate resources in periods of high 
10
demand. 
11
‘‘(5) Not later than 1 year after the date of enact-
12
ment of the Emergency Unemployment Insurance Sta-
13
bilization and Access Act of 2020, each State receiving 
14
emergency administration grant funding under paragraph 
15
(1)(C)(i) shall submit to the Secretary of Labor, the Com-
16
mittee on Ways and Means of the House of Representa-
17
tives, and the Committee on Finance of the Senate, a re-
18
port that includes— 
19
‘‘(A) an analysis of the recipiency rate for un-
20
employment compensation in the State as such rate 
21
has changed over time; 
22
‘‘(B) a description of steps the State intends to 
23
take to increase such recipiency rate. 
24
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49 
•HR 6201 IH
‘‘(6)(A) Notwithstanding any other provision of law, 
1
the Secretary of the Treasury shall transfer from the gen-
2
eral fund of the Treasury (from funds not otherwise ap-
3
propriated) to the employment security administration ac-
4
count (as established by section 901 of the Social Security 
5
Act) such sums as the Secretary of Labor estimates to 
6
be necessary for purposes of making the transfers de-
7
scribed in paragraph (1)(C). 
8
‘‘(B) There are appropriated from the general fund 
9
of the Treasury, without fiscal year limitation, the sums 
10
referred to in the preceding sentence and such sums shall 
11
not be required to be repaid.’’. 
12
(b) EMERGENCY
FLEXIBILITY.—Notwithstanding 
13
any other law, if a State modifies its unemployment com-
14
pensation law and policies (including with respect to work 
15
search, waiting week, good cause, and employer experience 
16
rating) on an emergency temporary basis as needed to re-
17
spond to the spread of COVID–19, such modifications 
18
shall be disregarded for the purposes of applying section 
19
303 of the Social Security Act and section 3304 of the 
20
Internal Revenue Code of 1986 to such State law. 
21
(c) REGULATIONS.—The Secretary of Labor may 
22
prescribe any regulations, operating instructions, or other 
23
guidance necessary to carry out the amendment made by 
24
subsection (a). 
25
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50 
•HR 6201 IH
SEC. 103. TEMPORARY ASSISTANCE FOR STATES WITH AD-
1
VANCES. 
2
Section 1202(b)(10)(A) of the Social Security Act 
3
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be-
4
ginning on the date of enactment of this paragraph and 
5
ending on December 31, 2010’’ and inserting ‘‘beginning 
6
on the date of enactment of the Emergency Unemploy-
7
ment Insurance Stabilization and Access Act of 2020 and 
8
ending on December 31, 2020’’. 
9
SEC. 104. TECHNICAL ASSISTANCE AND GUIDANCE FOR 
10
SHORT-TIME COMPENSATION PROGRAMS. 
11
The Secretary of Labor shall assist States in estab-
12
lishing, implementing, and improving the employer aware-
13
ness of short-time compensation programs (as defined in 
14
section 3306(v) of the Internal Revenue Code of 1986) 
15
to help avert layoffs, including by providing technical as-
16
sistance and guidance. 
17
SEC. 105. FULL FEDERAL FUNDING OF EXTENDED UNEM-
18
PLOYMENT COMPENSATION FOR A LIMITED 
19
PERIOD. 
20
(a) IN GENERAL.—In the case of sharable extended 
21
compensation and sharable regular compensation paid for 
22
weeks of unemployment beginning after the date of the 
23
enactment of this section and before December 31, 2020 
24
(and only with respect to States that receive emergency 
25
administration grant funding under clauses (i) and (ii) of 
26
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51 
•HR 6201 IH
section 903(h)(1)(C) of the Social Security Act (42 U.S.C. 
1
1102(h)(1)(C))), section 204(a)(1) of the Federal-State 
2
Extended Unemployment Compensation Act of 1970 (26 
3
U.S.C. 3304 note) shall be applied by substituting ‘‘100 
4
percent of’’ for ‘‘one-half of’’. 
5
(b) TEMPORARY FEDERAL MATCHING
FOR
THE 
6
FIRST WEEK
OF EXTENDED BENEFITS
FOR STATES 
7
WITH NO WAITING WEEK.—With respect to weeks of un-
8
employment beginning after the date of the enactment of 
9
this Act and ending on or before December 31, 2020, sub-
10
paragraph (B) of section 204(a)(2) of the Federal-State 
11
Extended Unemployment Compensation Act of 1970 (26 
12
U.S.C. 3304 note) shall not apply. 
13
(c) DEFINITIONS.—For purposes of this section— 
14
(1) the terms ‘‘sharable extended compensa-
15
tion’’ and ‘‘sharable regular compensation’’ have the 
16
respective meanings given such terms under section 
17
204 of the Federal-State Extended Unemployment 
18
Compensation Act of 1970; and 
19
(2) the term ‘‘week’’ has the meaning given 
20
such term under section 205 of the Federal-State 
21
Extended Unemployment Compensation Act of 
22
1970. 
23
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52 
•HR 6201 IH
(d) REGULATIONS.—The Secretary of Labor may 
1
prescribe any operating instructions or regulations nec-
2
essary to carry out this section. 
3
DIVISION F—PAID SICK DAYS 
4
FOR PUBLIC HEALTH EMER-
5
GENCIES AND PERSONAL AND 
6
FAMILY CARE 
7
SEC. 101. SHORT TITLE. 
8
This division may be cited as the ‘‘Paid Sick Days 
9
for Public Health Emergencies and Personal and Family 
10
Care Act’’. 
11
SEC. 102. DEFINITIONS. 
12
In this Act: 
13
(1) CHILD.—The term ‘‘child’’ means a biologi-
14
cal, foster, or adopted child, a stepchild, a child of 
15
a domestic partner, a legal ward, or a child of a per-
16
son standing in loco parentis. 
17
(2) DOMESTIC PARTNER.— 
18
(A) IN
GENERAL.—The term ‘‘domestic 
19
partner’’, with respect to an individual, means 
20
another individual with whom the individual is 
21
in a committed relationship. 
22
(B) 
COMMITTED
RELATIONSHIP
DE-
23
FINED.—The term ‘‘committed relationship’’ 
24
means a relationship between 2 individuals, 
25
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53 
•HR 6201 IH
each at least 18 years of age, in which each in-
1
dividual is the other individual’s sole domestic 
2
partner and both individuals share responsi-
3
bility for a significant measure of each other’s 
4
common welfare. The term includes any such 
5
relationship between 2 individuals, including in-
6
dividuals of the same sex, that is granted legal 
7
recognition by a State or political subdivision of 
8
a State as a marriage or analogous relationship, 
9
including a civil union or domestic partnership. 
10
(3) DOMESTIC VIOLENCE.—The term ‘‘domestic 
11
violence’’ has the meaning given the term in section 
12
40002(a) of the Violence Against Women Act of 
13
1994 (34 U.S.C. 12291(a)), except that the ref-
14
erence in such section to the term ‘‘jurisdiction re-
15
ceiving grant monies’’ shall be deemed to mean the 
16
jurisdiction in which the victim lives or the jurisdic-
17
tion in which the employer involved is located. Such 
18
term also includes dating violence, as that term is 
19
defined in such section. 
20
(4) EMPLOYEE.—The term ‘‘employee’’ means 
21
an individual who is— 
22
(A)(i) an employee, as defined in section 
23
3(e) of the Fair Labor Standards Act of 1938 
24
(29 U.S.C. 203(e)), who is not covered under 
25
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54 
•HR 6201 IH
subparagraph (E), including such an employee 
1
of the Library of Congress, except that a ref-
2
erence in such section to an employer shall be 
3
considered to be a reference to an employer de-
4
scribed in clauses (i)(I) and (ii) of paragraph 
5
(5)(A); or 
6
(ii) an employee of the Government Ac-
7
countability Office; 
8
(B) a State employee described in section 
9
304(a) of the Government Employee Rights Act 
10
of 1991 (42 U.S.C. 2000e–16c(a)); 
11
(C) a covered employee, as defined in sec-
12
tion 101 of the Congressional Accountability 
13
Act of 1995 (2 U.S.C. 1301), other than an ap-
14
plicant for employment; 
15
(D) a covered employee, as defined in sec-
16
tion 411(c) of title 3, United States Code; or 
17
(E) a Federal officer or employee covered 
18
under subchapter V of chapter 63 of title 5, 
19
United States Code. 
20
(5) EMPLOYER.— 
21
(A) IN GENERAL.—The term ‘‘employer’’ 
22
means a person who is— 
23
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55 
•HR 6201 IH
(i)(I) a covered employer, as defined 
1
in subparagraph (B), who is not covered 
2
under subclause (V); 
3
(II) an entity employing a State em-
4
ployee described in section 304(a) of the 
5
Government Employee Rights Act of 1991; 
6
(III) an employing office, as defined 
7
in section 101 of the Congressional Ac-
8
countability Act of 1995; 
9
(IV) an employing office, as defined in 
10
section 411(c) of title 3, United States 
11
Code; or 
12
(V) an employing agency covered 
13
under subchapter V of chapter 63 of title 
14
5, United States Code; and 
15
(ii) engaged in commerce (including 
16
government), or an industry or activity af-
17
fecting commerce (including government), 
18
as defined in subparagraph (B)(iii). 
19
(B) COVERED EMPLOYER.— 
20
(i) IN
GENERAL.—In subparagraph 
21
(A)(i)(I), the term ‘‘covered employer’’— 
22
(I) means any person engaged in 
23
commerce or in any industry or activ-
24
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56 
•HR 6201 IH
ity affecting commerce who employs 1 
1
or more employees; 
2
(II) includes— 
3
(aa) any person who acts, 
4
directly or indirectly, in the inter-
5
est of an employer to any of the 
6
employees of such employer; and 
7
(bb) any successor in inter-
8
est of an employer; 
9
(III) includes any ‘‘public agen-
10
cy’’, as defined in section 3(x) of the 
11
Fair Labor Standards Act of 1938 
12
(29 U.S.C. 203(x)); and 
13
(IV) includes the Government 
14
Accountability Office and the Library 
15
of Congress. 
16
(ii) PUBLIC
AGENCY.—For purposes 
17
of clause (i)(IV), a public agency shall be 
18
considered to be a person engaged in com-
19
merce or in an industry or activity affect-
20
ing commerce. 
21
(iii) DEFINITIONS.—For purposes of 
22
this subparagraph: 
23
(I) 
COMMERCE.—The 
terms 
24
‘‘commerce’’ and ‘‘industry or activity 
25
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57 
•HR 6201 IH
affecting commerce’’ mean any activ-
1
ity, business, or industry in commerce 
2
or in which a labor dispute would 
3
hinder or obstruct commerce or the 
4
free flow of commerce, and include 
5
‘‘commerce’’ and any ‘‘industry affect-
6
ing commerce’’, as defined in para-
7
graphs (1) and (3) of section 501 of 
8
the Labor Management Relations Act, 
9
1947 (29 U.S.C. 142 (1) and (3)). 
10
(II) EMPLOYEE.—The term ‘‘em-
11
ployee’’ has the same meaning given 
12
such term in section 3(e) of the Fair 
13
Labor Standards Act of 1938 (29 
14
U.S.C. 203(e)). 
15
(III) PERSON.—The term ‘‘per-
16
son’’ has the same meaning given 
17
such term in section 3(a) of the Fair 
18
Labor Standards Act of 1938 (29 
19
U.S.C. 203(a)). 
20
(C) PREDECESSORS.—Any reference in 
21
this paragraph to an employer shall include a 
22
reference to any predecessor of such employer. 
23
(6) EMPLOYMENT BENEFITS.—The term ‘‘em-
24
ployment benefits’’ means all benefits provided or 
25
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58 
•HR 6201 IH
made available to employees by an employer, includ-
1
ing group life insurance, health insurance, disability 
2
insurance, sick leave, annual leave, educational bene-
3
fits, and pensions, regardless of whether such bene-
4
fits are provided by a practice or written policy of 
5
an employer or through an ‘‘employee benefit plan’’, 
6
as defined in section 3(3) of the Employee Retire-
7
ment Income Security Act of 1974 (29 U.S.C. 
8
1002(3)). 
9
(7) HEALTH
CARE
PROVIDER.—The term 
10
‘‘health care provider’’ means a provider who— 
11
(A)(i) is a doctor of medicine or osteopathy 
12
who is authorized to practice medicine or sur-
13
gery (as appropriate) by the State in which the 
14
doctor practices; or 
15
(ii) is any other person determined by the 
16
Secretary to be capable of providing health care 
17
services; and 
18
(B) is not employed by an employer for 
19
whom the provider issues certification under 
20
this Act. 
21
(8) PAID
SICK
TIME.—The term ‘‘paid sick 
22
time’’ means an increment of compensated leave 
23
that— 
24
(A) can be— 
25
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59 
•HR 6201 IH
(i) earned by an employee for use dur-
1
ing an absence from employment for a rea-
2
son described in any paragraph of section 
3
3(b); or 
4
(ii) provided by an employer during a 
5
public health emergency for use during an 
6
absence from employment for a reason de-
7
scribed in any paragraph of section 3(b); 
8
and 
9
(B) is compensated at a rate that is not 
10
less than the greatest of— 
11
(i) the employee’s regular rate of pay; 
12
(ii) the minimum wage rate provided 
13
for in section 6(a)(1) of the Fair Labor 
14
Standards 
Act 
of 
1938 
(29 
U.S.C. 
15
206(a)(1)); or 
16
(iii) the minimum wage rate provided 
17
for in the applicable State or local law for 
18
the State or locality in which the employee 
19
is employed. 
20
(9) PARENT.—The term ‘‘parent’’ means a bio-
21
logical, foster, or adoptive parent of an employee, a 
22
stepparent of an employee, parent-in-law, parent of 
23
a domestic partner, or a legal guardian or other per-
24
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60 
•HR 6201 IH
son who stood in loco parentis to an employee when 
1
the employee was a child. 
2
(10) PUBLIC HEALTH EMERGENCY.—The term 
3
‘‘public health emergency’’ means a public health 
4
emergency— 
5
(A) declared by the Secretary of Health 
6
and Human Services for a jurisdiction, or by a 
7
State public health official with authority to de-
8
clare such an emergency for the State or juris-
9
diction within the State; and 
10
(B) due to a public health condition that 
11
is— 
12
(i) emergent and acute; and 
13
(ii) not a longstanding, chronic public 
14
health condition. 
15
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
16
means the Secretary of Labor. 
17
(12) SEXUAL ASSAULT.—The term ‘‘sexual as-
18
sault’’ has the meaning given the term in section 
19
40002(a) of the Violence Against Women Act of 
20
1994 (34 U.S.C. 12291(a)). 
21
(13) SPOUSE.—The term ‘‘spouse’’, with re-
22
spect to an employee, has the meaning given such 
23
term by the marriage laws of the State in which the 
24
marriage was celebrated. 
25
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61 
•HR 6201 IH
(14) STALKING.—The term ‘‘stalking’’ has the 
1
meaning given the term in section 40002(a) of the 
2
Violence Against Women Act of 1994 (34 U.S.C. 
3
12291(a)). 
4
(15) STATE.—The term ‘‘State’’ has the mean-
5
ing given the term in section 3 of the Fair Labor 
6
Standards Act of 1938 (29 U.S.C. 203). 
7
(16) VICTIM
SERVICES
ORGANIZATION.—The 
8
term ‘‘victim services organization’’ means a non-
9
profit, nongovernmental organization that provides 
10
assistance to victims of domestic violence, sexual as-
11
sault, or stalking or advocates for such victims, in-
12
cluding a rape crisis center, an organization carrying 
13
out a domestic violence, sexual assault, or stalking 
14
prevention or treatment program, an organization 
15
operating a shelter or providing counseling services, 
16
or a legal services organization or other organization 
17
providing assistance through the legal process. 
18
SEC. 103. PAID SICK TIME. 
19
(a) EARNING OF PAID SICK TIME.— 
20
(1) IN GENERAL.— 
21
(A) EARNING.—Subject to subsection (c) 
22
and paragraph (2), an employer shall provide 
23
each employee employed by the employer not 
24
less than 1 hour of earned paid sick time for 
25
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62 
•HR 6201 IH
every 30 hours worked, to be used as described 
1
in subsection (b). 
2
(B) LIMIT.—An employer shall not be re-
3
quired to permit an employee to earn, under 
4
this subsection, more than 56 hours of paid sick 
5
time in a year, unless the employer chooses to 
6
set a higher limit. 
7
(2) EXEMPT EMPLOYEES.— 
8
(A) IN GENERAL.—Except as provided in 
9
paragraph (3), for purposes of this subsection, 
10
an employee who is exempt from overtime re-
11
quirements under section 13(a)(1) of the Fair 
12
Labor Standards Act of 1938 (29 U.S.C. 
13
213(a)(1)) shall be assumed to work 40 hours 
14
in each workweek. 
15
(B) SHORTER
NORMAL
WORKWEEK.—If 
16
the normal workweek of such an employee is 
17
less than 40 hours, the employee shall earn 
18
paid sick time under this subsection based upon 
19
that normal workweek. 
20
(3) DATES FOR BEGINNING TO EARN PAID SICK 
21
TIME AND USE.— 
22
(A) IN GENERAL.—Employees shall begin 
23
to earn paid sick time under this subsection at 
24
the commencement of their employment. An 
25
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63 
•HR 6201 IH
employee shall be entitled to use the earned 
1
paid sick time beginning on the 60th calendar 
2
day following commencement of the employee’s 
3
employment. After that 60th calendar day, the 
4
employee may use the paid sick time as the 
5
time is earned. An employer may, at the discre-
6
tion of the employer, loan paid sick time to an 
7
employee for use by such employee in advance 
8
of the employee earning such sick time as pro-
9
vided in this subsection and may permit use be-
10
fore the 60th day of employment. 
11
(B) PUBLIC HEALTH EMERGENCY.—Sub-
12
paragraph (A) shall not apply with respect to 
13
additional paid sick time provided under sub-
14
section (c). In the event of a public health 
15
emergency, an employee may immediately use 
16
the additional or accrued paid sick time de-
17
scribed in subsection (c), regardless of how long 
18
the employee has been employed by an em-
19
ployer. 
20
(4) CARRYOVER.— 
21
(A) IN GENERAL.—Except as provided in 
22
subparagraph (B), paid sick time earned under 
23
this subsection shall carry over from 1 year to 
24
the next. 
25
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64 
•HR 6201 IH
(B) 
CONSTRUCTION.—This 
subsection 
1
shall not be construed to require an employer to 
2
permit an employee to earn more than 56 hours 
3
of earned paid sick time at a given time. 
4
(5) EMPLOYERS
WITH
EXISTING
POLICIES.— 
5
Any employer with a paid leave policy who makes 
6
available an amount of paid leave that is sufficient 
7
to meet the requirements of this subsection and that 
8
may be used for the same purposes and under the 
9
same conditions as the purposes and conditions out-
10
lined in subsection (b) shall not be required to per-
11
mit an employee to earn more paid sick time under 
12
this subsection. 
13
(6) CONSTRUCTION.—Nothing in this section 
14
shall be construed as requiring financial or other re-
15
imbursement to an employee from an employer upon 
16
the employee’s termination, resignation, retirement, 
17
or other separation from employment for earned 
18
paid sick time that has not been used. 
19
(7) EMPLOYMENT
UNDER
MULTIEMPLOYER 
20
BARGAINING AGREEMENTS.— 
21
(A) An employer signatory to a multiem-
22
ployer collective bargaining agreement may ful-
23
fill its obligations under this Act by making 
24
contributions to a multiemployer fund, plan or 
25
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65 
•HR 6201 IH
program based on the hours each of its employ-
1
ees accrues pursuant to this subsection (a) 
2
while working under the multiemployer collec-
3
tive bargaining agreement, provided that the 
4
fund, plan or program enables employees to se-
5
cure pay from such fund, plan or program 
6
based on hours they have worked under the 
7
multiemployer collective bargaining agreement 
8
and for the uses specified under subsections 
9
(b)(1), (2), (6) and (7). 
10
(B) Employees who work under a multiem-
11
ployer collective bargaining agreement into 
12
which their employers make contributions as 
13
provided in subparagraph (A) may secure pay 
14
from such fund, plan or program based on 
15
hours they have worked under the multiem-
16
ployer collective bargaining agreement for the 
17
uses specified under subsections (b)(1), (2), (6) 
18
and (7). 
19
(8) REINSTATEMENT.—If an employee is sepa-
20
rated from employment with an employer and is re-
21
hired, within 12 months after that separation, by the 
22
same employer, the employer shall reinstate the em-
23
ployee’s previously earned paid sick time under this 
24
subsection. The employee shall be entitled to use the 
25
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66 
•HR 6201 IH
earned paid sick time and earn more paid sick time 
1
at the recommencement of employment with the em-
2
ployer. 
3
(9) PROHIBITION.—An employer may not re-
4
quire, as a condition of providing paid sick time 
5
under this Act, that the employee involved search for 
6
or find a replacement employee to cover the hours 
7
during which the employee is using paid sick time. 
8
(10) SCHEDULING.—An employee shall make a 
9
reasonable effort to schedule a period of accrued 
10
paid sick time under this subsection in a manner 
11
that does not unduly disrupt the operations of the 
12
employer. 
13
(b) USES.—Paid sick time under this section may be 
14
used by an employee for any of the following: 
15
(1) An absence resulting from a physical or 
16
mental illness, injury, or medical condition of the 
17
employee. 
18
(2) An absence resulting from obtaining profes-
19
sional medical diagnosis or care, or preventive med-
20
ical care, for the employee. 
21
(3) An absence resulting from the closure of an 
22
employee’s place of employment by order of a Fed-
23
eral or State public official with jurisdiction, or at 
24
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67 
•HR 6201 IH
the employer’s discretion, due to a public health 
1
emergency. 
2
(4) An absence because a Federal or State pub-
3
lic official with jurisdiction or a health care provider 
4
has determined that the employee’s presence in the 
5
community may jeopardize the health of others be-
6
cause of the employee’s exposure to a communicable 
7
disease during a public health emergency, regardless 
8
of whether the employee has actually contracted the 
9
communicable disease. 
10
(5) An absence for the purpose of caring for a 
11
child, a parent, a spouse, a domestic partner, or any 
12
other individual related by blood or affinity whose 
13
close association with the employee is the equivalent 
14
of a family relationship— 
15
(A) who is a child, if the child’s school or 
16
place of care has been closed by order of a Fed-
17
eral or State public official with jurisdiction or 
18
at the discretion of the school or place of care 
19
due to a public health emergency, including if 
20
a school or entity operating the place of care is 
21
physically closed but is providing education or 
22
care to the child remotely; or 
23
(B) because a Federal or State public offi-
24
cial with jurisdiction or a health care provider 
25
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68 
•HR 6201 IH
has determined that the presence in the com-
1
munity of the person receiving care may jeop-
2
ardize the health of others because of the per-
3
son’s exposure to a communicable disease dur-
4
ing a public health emergency, regardless of 
5
whether the person has actually contracted the 
6
communicable disease. 
7
(6) An absence for the purpose of caring for a 
8
child, a parent, a spouse, a domestic partner, or any 
9
other individual related by blood or affinity whose 
10
close association with the employee is the equivalent 
11
of a family relationship— 
12
(A) who has any of the conditions or needs 
13
for diagnosis or care described in paragraph (1) 
14
or (2); 
15
(B) who is a child, if the employee is re-
16
quired to attend a school meeting or a meeting 
17
at a place where the child is receiving care ne-
18
cessitated by the child’s health condition or dis-
19
ability; or 
20
(C) who is otherwise in need of care. 
21
(7) An absence resulting from domestic vio-
22
lence, sexual assault, or stalking, if the time is to— 
23
(A) seek medical attention for the em-
24
ployee or the employee’s child, parent, spouse, 
25
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69 
•HR 6201 IH
domestic partner, or an individual related to the 
1
employee as described in paragraph (6), to re-
2
cover from physical or psychological injury or 
3
disability caused by domestic violence, sexual 
4
assault, or stalking; 
5
(B) obtain or assist a related person de-
6
scribed in paragraph (6) in obtaining services 
7
from a victim services organization; 
8
(C) obtain or assist a related person de-
9
scribed in paragraph (6) in obtaining psycho-
10
logical or other counseling; 
11
(D) seek relocation; or 
12
(E) take legal action, including preparing 
13
for or participating in any civil or criminal legal 
14
proceeding related to or resulting from domestic 
15
violence, sexual assault, or stalking. 
16
(c) ADDITIONAL PAID SICK TIME
FOR PUBLIC 
17
HEALTH EMERGENCY.— 
18
(1) ADDITIONAL PAID SICK TIME.—On the date 
19
of a declaration of a public health emergency, an 
20
employer in the jurisdiction involved shall provide 
21
each employee of the employer in that jurisdiction 
22
with additional paid sick time, in addition to any 
23
amount of paid sick time accrued by the employee 
24
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70 
•HR 6201 IH
under subsection (a) (including paid leave referred 
1
to in subsection (a)(4)). 
2
(2) AMOUNT OF PAID SICK TIME.—In receiving 
3
additional paid sick time under paragraph (1), the 
4
employee shall receive— 
5
(A) for a full-time salaried employee, a 
6
specified amount of paid sick time that is suffi-
7
cient to provide the employee with 14 contin-
8
uous days away from work without a reduction 
9
in pay; and 
10
(B) for a part-time or hourly employee, a 
11
specified amount of paid sick time equal to the 
12
number of hours that the employee was sched-
13
uled to work or, if not so scheduled, regularly 
14
works in a 14-day period. 
15
(3) USE OF LEAVE.—The additional sick time 
16
and accrued sick time described in this subsection 
17
shall be available for immediate use by the employee 
18
for the purposes described in any paragraph of sub-
19
section (b) beginning on the date a public health 
20
emergency is declared, regardless of how long the 
21
employee has been employed by an employer. 
22
(4) SEQUENCING.—During the public health 
23
emergency, an employee may first use the additional 
24
sick time for those purposes. The employee may then 
25
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71 
•HR 6201 IH
use the accrued sick time during the public health 
1
emergency, or retain the accrued sick time for use 
2
after the public health emergency. An employer may 
3
not require an employee to use the accrued sick 
4
time, or any other paid leave provided by the em-
5
ployer to the employee, before using the additional 
6
sick time. 
7
(5) PERIODS.—An employee may take the addi-
8
tional sick time on the schedule that meets the em-
9
ployee’s needs, consistent with subsection (b), in-
10
cluding taking the additional sick time intermittently 
11
or on a reduced leave schedule, and an employer 
12
may not require an employee to take the additional 
13
sick time in a single period or on any other schedule 
14
specified by the employer. 
15
(6) REIMBURSEMENT FOR WAGES.— 
16
(A) DEFINITION.—In this paragraph, the 
17
term ‘‘qualified employer’’ means an employer 
18
who employs 50 or fewer employees. 
19
(B) REIMBURSEMENT.—A qualified em-
20
ployer of an employee who uses additional paid 
21
sick time under this subsection during a public 
22
health emergency shall be reimbursed by the 
23
Secretary of the Treasury for the wages paid to 
24
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72 
•HR 6201 IH
the employee for the period during which the 
1
employee used the additional paid sick time. 
2
(C) PROCESS.—To be eligible to receive 
3
such reimbursement, the qualified employer 
4
shall submit to the Secretary of Labor an affi-
5
davit that attests that the employer provided 
6
such additional paid sick time, and related 
7
records showing the period of and wages associ-
8
ated with the additional paid sick time. On the 
9
Secretary’s determination that the employer 
10
provided an amount of such additional paid sick 
11
time to an employee, the Secretary shall trans-
12
mit the affidavit and records to the Secretary of 
13
the Treasury, and that Secretary shall provide 
14
timely reimbursement. 
15
(d) PROCEDURES.— 
16
(1) IN GENERAL.—Paid sick time shall be pro-
17
vided upon the oral or written request of an em-
18
ployee. Such request shall— 
19
(A) include the expected duration of the 
20
period of such time; 
21
(B) in a case in which the need for such 
22
period of time is foreseeable at least 7 days in 
23
advance of such period, be provided at least 7 
24
days in advance of such period; and 
25
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73 
•HR 6201 IH
(C) otherwise, be provided as soon as prac-
1
ticable after the employee is aware of the need 
2
for such period. 
3
(2) CERTIFICATION IN GENERAL.— 
4
(A) PROVISION.— 
5
(i) IN GENERAL.—Subject to subpara-
6
graphs (C) and (D), an employer may re-
7
quire that a request for paid sick time 
8
under this section for a purpose described 
9
in paragraph (1), (2), or (6) of subsection 
10
(b) be supported by a certification issued 
11
by the health care provider of the eligible 
12
employee or of an individual described in 
13
subsection (b)(6), as appropriate, if the pe-
14
riod of such time covers more than 3 con-
15
secutive workdays. 
16
(ii) TIMELINESS.—The employee shall 
17
provide a copy of such certification to the 
18
employer in a timely manner, not later 
19
than 30 days after the first day of the pe-
20
riod of time. The employer shall not delay 
21
the commencement of the period of time on 
22
the basis that the employer has not yet re-
23
ceived the certification. 
24
(B) SUFFICIENT CERTIFICATION.— 
25
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74 
•HR 6201 IH
(i) IN GENERAL.—A certification pro-
1
vided under subparagraph (A) shall be suf-
2
ficient if it states— 
3
(I) the date on which the period 
4
of time will be needed; 
5
(II) the probable duration of the 
6
period of time; 
7
(III) the appropriate medical 
8
facts within the knowledge of the 
9
health care provider regarding the 
10
condition involved, subject to clause 
11
(ii); and 
12
(IV)(aa) for purposes of paid sick 
13
time under subsection (b)(1), a state-
14
ment that absence from work is medi-
15
cally necessary; 
16
(bb) for purposes of such time 
17
under subsection (b)(2), the dates on 
18
which testing for a medical diagnosis 
19
or care is expected to be given and the 
20
duration of such testing or care; and 
21
(cc) for purposes of such time 
22
under subsection (b)(6), in the case of 
23
time to care for someone who is not a 
24
child, a statement that care is needed 
25
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75 
•HR 6201 IH
for an individual described in such 
1
subsection, and an estimate of the 
2
amount of time that such care is 
3
needed for such individual. 
4
(ii) LIMITATION.—In issuing a certifi-
5
cation under subparagraph (A), a health 
6
care provider shall make reasonable efforts 
7
to limit the medical facts described in 
8
clause (i)(III) that are disclosed in the cer-
9
tification to the minimum necessary to es-
10
tablish a need for the employee to utilize 
11
paid sick time. 
12
(C) PUBLIC HEALTH EMERGENCIES.—No 
13
certification or other documentation may be re-
14
quired under this Act by an employer during 
15
any public health emergency. 
16
(D) 
REGULATIONS.—Regulations 
pre-
17
scribed under section 12 shall specify the man-
18
ner in which an employee who does not have 
19
health insurance shall provide a certification for 
20
purposes of this paragraph. 
21
(E) CONFIDENTIALITY
AND
NONDISCLO-
22
SURE.— 
23
(i) PROTECTED
HEALTH
INFORMA-
24
TION.—Nothing in this Act shall be con-
25
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76 
•HR 6201 IH
strued to require a health care provider to 
1
disclose information in violation of section 
2
1177 of the Social Security Act (42 U.S.C. 
3
1320d–6) or the regulations promulgated 
4
pursuant to section 264(c) of the Health 
5
Insurance Portability and Accountability 
6
Act of 1996 (42 U.S.C. 1320d–2 note). 
7
(ii) 
HEALTH
INFORMATION 
8
RECORDS.—If 
an 
employer 
possesses 
9
health information about an employee or 
10
an employee’s child, parent, spouse, domes-
11
tic partner, or an individual related to the 
12
employee as described in subsection (b)(6), 
13
such information shall— 
14
(I) be maintained on a separate 
15
form and in a separate file from other 
16
personnel information; 
17
(II) be treated as a confidential 
18
medical record; and 
19
(III) not be disclosed except to 
20
the affected employee or with the per-
21
mission of the affected employee. 
22
(3) CERTIFICATION IN THE CASE OF DOMESTIC 
23
VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
24
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77 
•HR 6201 IH
(A) IN GENERAL.—An employer may re-
1
quire that a request for paid sick time under 
2
this section for a purpose described in sub-
3
section (b)(7) be supported by any one of the 
4
following forms of documentation, but the em-
5
ployer may not specify the particular form of 
6
documentation to be provided: 
7
(i) A police report indicating that the 
8
employee, or a member of the employee’s 
9
family described in subsection (b)(7), was 
10
a victim of domestic violence, sexual as-
11
sault, or stalking. 
12
(ii) A court order protecting or sepa-
13
rating the employee or a member of the 
14
employee’s family described in subsection 
15
(b)(7) from the perpetrator of an act of 
16
domestic violence, sexual assault, or stalk-
17
ing, or other evidence from the court or 
18
prosecuting attorney that the employee or 
19
a member of the employee’s family de-
20
scribed in subsection (b)(7) has appeared 
21
in court or is scheduled to appear in court 
22
in a proceeding related to domestic vio-
23
lence, sexual assault, or stalking. 
24
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78 
•HR 6201 IH
(iii) Other documentation signed by 
1
an employee or volunteer working for a vic-
2
tim services organization, an attorney, a 
3
police officer, a medical professional, a so-
4
cial worker, an antiviolence counselor, or a 
5
member of the clergy, affirming that the 
6
employee or a member of the employee’s 
7
family described in subsection (b)(7) is a 
8
victim of domestic violence, sexual assault, 
9
or stalking. 
10
(B) REQUIREMENTS.—The requirements 
11
of paragraph (2) shall apply to certifications 
12
under this paragraph, except that— 
13
(i) subclauses (III) and (IV) of sub-
14
paragraph (B)(i) and subparagraph (B)(ii) 
15
of such paragraph shall not apply; 
16
(ii) the certification shall state the 
17
reason that the leave is required with the 
18
facts to be disclosed limited to the min-
19
imum necessary to establish a need for the 
20
employee to be absent from work, and the 
21
employee shall not be required to explain 
22
the details of the domestic violence, sexual 
23
assault, or stalking involved; and 
24
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79 
•HR 6201 IH
(iii) with respect to confidentiality 
1
under subparagraph (E) of such para-
2
graph, any information provided to the em-
3
ployer under this paragraph shall be con-
4
fidential, except to the extent that any dis-
5
closure of such information is— 
6
(I) requested or consented to in 
7
writing by the employee; or 
8
(II) otherwise required by appli-
9
cable Federal or State law. 
10
SEC. 104. NOTICE REQUIREMENT. 
11
(a) IN GENERAL.—Each employer shall notify each 
12
employee and include in any employee handbook the infor-
13
mation described in paragraphs (1) through (4). Each em-
14
ployer shall post and keep posted a notice, to be prepared 
15
or approved in accordance with procedures specified in 
16
regulations prescribed under section 12, setting forth ex-
17
cerpts from, or summaries of, the pertinent provisions of 
18
this Act including— 
19
(1) information describing paid sick time avail-
20
able to employees under this Act; 
21
(2) information pertaining to the filing of an 
22
action under this Act; 
23
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80 
•HR 6201 IH
(3) the details of the notice requirement for a 
1
foreseeable period of time under section 5(e)(1)(B); 
2
and 
3
(4) information that describes— 
4
(A) the protections that an employee has 
5
in exercising rights under this Act; and 
6
(B) how the employee can contact the Sec-
7
retary (or other appropriate authority as de-
8
scribed in section 6) if any of the rights are vio-
9
lated. 
10
(b) LOCATION.—The notice described under sub-
11
section (a) shall be posted— 
12
(1) in conspicuous places on the premises of the 
13
employer, where notices to employees (including ap-
14
plicants) are customarily posted; or 
15
(2) in employee handbooks. 
16
(c) VIOLATION; PENALTY.—Any employer who will-
17
fully violates the posting requirements of this section shall 
18
be subject to a civil fine in an amount not to exceed $100 
19
for each separate offense. 
20
SEC. 105. PROHIBITED ACTS. 
21
(a) INTERFERENCE WITH RIGHTS.— 
22
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
23
for any employer to interfere with, restrain, or deny 
24
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81 
•HR 6201 IH
the exercise of, or the attempt to exercise, any right 
1
provided under this Act, including— 
2
(A) discharging or discriminating against 
3
(including retaliating against) any individual, 
4
including a job applicant, for exercising, or at-
5
tempting to exercise, any right provided under 
6
this Act; 
7
(B) using the taking of paid sick time 
8
under this Act as a negative factor in an em-
9
ployment action, such as hiring, promotion, re-
10
ducing hours or number of shifts, or a discipli-
11
nary action; or 
12
(C) counting the paid sick time under a 
13
no-fault attendance policy or any other absence 
14
control policy. 
15
(2) DISCRIMINATION.—It shall be unlawful for 
16
any employer to discharge or in any other manner 
17
discriminate against (including retaliating against) 
18
any individual, including a job applicant, for oppos-
19
ing any practice made unlawful by this Act. 
20
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
21
IES.—It shall be unlawful for any person to discharge or 
22
in any other manner discriminate against (including retali-
23
ating against) any individual, including a job applicant, 
24
because such individual— 
25
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82 
•HR 6201 IH
(1) has filed an action, or has instituted or 
1
caused to be instituted any proceeding, under or re-
2
lated to this Act; 
3
(2) has given, or is about to give, any informa-
4
tion in connection with any inquiry or proceeding re-
5
lating to any right provided under this Act; or 
6
(3) has testified, or is about to testify, in any 
7
inquiry or proceeding relating to any right provided 
8
under this Act. 
9
(c) CONSTRUCTION.—Nothing in this section shall be 
10
construed to state or imply that the scope of the activities 
11
prohibited by section 105 of the Family and Medical Leave 
12
Act of 1993 (29 U.S.C. 2615) is less than the scope of 
13
the activities prohibited by this section. 
14
SEC. 106. ENFORCEMENT AUTHORITY. 
15
(a) IN GENERAL.— 
16
(1) DEFINITION.—In this subsection— 
17
(A) the term ‘‘employee’’ means an em-
18
ployee described in subparagraph (A) or (B) of 
19
section 2(4); and 
20
(B) the term ‘‘employer’’ means an em-
21
ployer described in subclause (I) or (II) of sec-
22
tion 2(5)(A)(i). 
23
(2) INVESTIGATIVE AUTHORITY.— 
24
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83 
•HR 6201 IH
(A) IN GENERAL.—To ensure compliance 
1
with the provisions of this Act, or any regula-
2
tion or order issued under this Act, the Sec-
3
retary shall have, subject to subparagraph (C), 
4
the investigative authority provided under sec-
5
tion 11(a) of the Fair Labor Standards Act of 
6
1938 (29 U.S.C. 211(a)), with respect to em-
7
ployers, employees, and other individuals af-
8
fected. 
9
(B) OBLIGATION TO KEEP AND PRESERVE 
10
RECORDS.—An employer shall make, keep, and 
11
preserve records pertaining to compliance with 
12
this Act in accordance with section 11(c) of the 
13
Fair Labor Standards Act of 1938 (29 U.S.C. 
14
211(c)) and in accordance with regulations pre-
15
scribed by the Secretary. 
16
(C) REQUIRED
SUBMISSIONS
GENERALLY 
17
LIMITED TO AN ANNUAL BASIS.—The Secretary 
18
shall not require, under the authority of this 
19
paragraph, an employer to submit to the Sec-
20
retary any books or records more than once 
21
during any 12-month period, unless the Sec-
22
retary has reasonable cause to believe there 
23
may exist a violation of this Act or any regula-
24
tion or order issued pursuant to this Act, or is 
25
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84 
•HR 6201 IH
investigating a charge pursuant to paragraph 
1
(4). 
2
(D) SUBPOENA AUTHORITY.—For the pur-
3
poses of any investigation provided for in this 
4
paragraph, the Secretary shall have the sub-
5
poena authority provided for under section 9 of 
6
the Fair Labor Standards Act of 1938 (29 
7
U.S.C. 209). 
8
(3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
9
UALS.— 
10
(A) RIGHT OF ACTION.—An action to re-
11
cover the damages or equitable relief prescribed 
12
in subparagraph (B) may be maintained 
13
against any employer in any Federal or State 
14
court of competent jurisdiction by one or more 
15
employees or individuals or their representative 
16
for and on behalf of— 
17
(i) the employees or individuals; or 
18
(ii) the employees or individuals and 
19
others similarly situated. 
20
(B) LIABILITY.—Any employer who vio-
21
lates section 5 (including a violation relating to 
22
rights provided under section 3) shall be liable 
23
to any employee or individual affected— 
24
(i) for damages equal to— 
25
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85 
•HR 6201 IH
(I) the amount of— 
1
(aa) any wages, salary, em-
2
ployment benefits, or other com-
3
pensation denied or lost by rea-
4
son of the violation; or 
5
(bb) in a case in which 
6
wages, salary, employment bene-
7
fits, or other compensation have 
8
not been denied or lost, any ac-
9
tual monetary losses sustained as 
10
a direct result of the violation up 
11
to a sum equal to 56 hours of 
12
wages or salary for the employee 
13
or individual, or the specified pe-
14
riod described in section 3(c)(3), 
15
or a combination of those hours 
16
and that period, as the case may 
17
be; 
18
(II) the interest on the amount 
19
described in subclause (I) calculated 
20
at the prevailing rate; and 
21
(III) an additional amount as liq-
22
uidated damages; and 
23
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86 
•HR 6201 IH
(ii) for such equitable relief as may be 
1
appropriate, including employment, rein-
2
statement, and promotion. 
3
(C) FEES AND COSTS.—The court in an 
4
action under this paragraph shall, in addition to 
5
any judgment awarded to the plaintiff, allow a 
6
reasonable attorney’s fee, reasonable expert wit-
7
ness fees, and other costs of the action to be 
8
paid by the defendant. 
9
(4) ACTION BY THE SECRETARY.— 
10
(A) ADMINISTRATIVE
ACTION.—The Sec-
11
retary shall receive, investigate, and attempt to 
12
resolve complaints of violations of section 5 (in-
13
cluding a violation relating to rights provided 
14
under section 3) in the same manner that the 
15
Secretary receives, investigates, and attempts to 
16
resolve complaints of violations of sections 6 
17
and 7 of the Fair Labor Standards Act of 1938 
18
(29 U.S.C. 206 and 207). 
19
(B) CIVIL
ACTION.—The Secretary may 
20
bring an action in any court of competent juris-
21
diction to recover the damages described in 
22
paragraph (3)(B)(i). 
23
(C) SUMS RECOVERED.—Any sums recov-
24
ered by the Secretary pursuant to subparagraph 
25
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87 
•HR 6201 IH
(B) shall be held in a special deposit account 
1
and shall be paid, on order of the Secretary, di-
2
rectly to each employee or individual affected. 
3
Any such sums not paid to an employee or indi-
4
vidual affected because of inability to do so 
5
within a period of 3 years shall be deposited 
6
into the Treasury of the United States as mis-
7
cellaneous receipts. 
8
(5) LIMITATION.— 
9
(A) IN GENERAL.—Except as provided in 
10
subparagraph (B), an action may be brought 
11
under paragraph (3), (4), or (6) not later than 
12
2 years after the date of the last event consti-
13
tuting the alleged violation for which the action 
14
is brought. 
15
(B) WILLFUL VIOLATION.—In the case of 
16
an action brought for a willful violation of sec-
17
tion 5 (including a willful violation relating to 
18
rights provided under section 3), such action 
19
may be brought within 3 years of the date of 
20
the last event constituting the alleged violation 
21
for which such action is brought. 
22
(C) 
COMMENCEMENT.—In 
determining 
23
when an action is commenced under paragraph 
24
(3), (4), or (6) for the purposes of this para-
25
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88 
•HR 6201 IH
graph, it shall be considered to be commenced 
1
on the date when the complaint is filed. 
2
(6) ACTION FOR INJUNCTION BY SECRETARY.— 
3
The district courts of the United States shall have 
4
jurisdiction, for cause shown, in an action brought 
5
by the Secretary— 
6
(A) to restrain violations of section 5 (in-
7
cluding a violation relating to rights provided 
8
under section 3), including the restraint of any 
9
withholding of payment of wages, salary, em-
10
ployment benefits, or other compensation, plus 
11
interest, found by the court to be due to em-
12
ployees or individuals eligible under this Act; or 
13
(B) to award such other equitable relief as 
14
may be appropriate, including employment, re-
15
instatement, and promotion. 
16
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
17
Labor may appear for and represent the Secretary 
18
on any litigation brought under paragraph (4) or 
19
(6). 
20
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
21
AND LIBRARY OF CONGRESS.—Notwithstanding any 
22
other provision of this subsection, in the case of the 
23
Government Accountability Office and the Library of 
24
Congress, the authority of the Secretary of Labor 
25
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under this subsection shall be exercised respectively 
1
by the Comptroller General of the United States and 
2
the Librarian of Congress. 
3
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
4
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
5
procedures provided in the Congressional Accountability 
6
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
7
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
8
person, alleging a violation of subsection (a)(1) of section 
9
202 of that Act (2 U.S.C. 1312) shall be the powers, rem-
10
edies, and procedures this Act provides to that Board, or 
11
any person, alleging an unlawful employment practice in 
12
violation of this Act against an employee described in sec-
13
tion 2(4)(C). 
14
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
15
3, UNITED STATES CODE.—The powers, remedies, and 
16
procedures provided in chapter 5 of title 3, United States 
17
Code, to the President, the Merit Systems Protection 
18
Board, or any person, alleging a violation of section 
19
412(a)(1) of that title, shall be the powers, remedies, and 
20
procedures this Act provides to the President, that Board, 
21
or any person, respectively, alleging an unlawful employ-
22
ment practice in violation of this Act against an employee 
23
described in section 2(4)(D). 
24
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(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
1
5, UNITED STATES CODE.—The powers, remedies, and 
2
procedures provided in title 5, United States Code, to an 
3
employing agency, provided in chapter 12 of that title to 
4
the Merit Systems Protection Board, or provided in that 
5
title to any person, alleging a violation of chapter 63 of 
6
that title shall be the powers, remedies, and procedures 
7
this Act provides to that agency, that Board, or any per-
8
son, respectively, alleging an unlawful employment prac-
9
tice in violation of this Act against an employee described 
10
in section 2(4)(E). 
11
(e) REMEDIES FOR STATE EMPLOYEES.— 
12
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
13
State’s receipt or use of Federal financial assistance 
14
for any program or activity of a State shall con-
15
stitute a waiver of sovereign immunity, under the 
16
11th Amendment to the Constitution or otherwise, 
17
to a suit brought by an employee of that program 
18
or activity under this Act for equitable, legal, or 
19
other relief authorized under this Act. 
20
(2) OFFICIAL CAPACITY.—An official of a State 
21
may be sued in the official capacity of the official by 
22
any employee who has complied with the procedures 
23
under subsection (a)(3), for injunctive relief that is 
24
authorized under this Act. In such a suit the court 
25
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91 
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may award to the prevailing party those costs au-
1
thorized by section 722 of the Revised Statutes (42 
2
U.S.C. 1988). 
3
(3) APPLICABILITY.—With respect to a par-
4
ticular program or activity, paragraph (1) applies to 
5
conduct occurring on or after the day, after the date 
6
of enactment of this Act, on which a State first re-
7
ceives or uses Federal financial assistance for that 
8
program or activity. 
9
(4) DEFINITION OF PROGRAM OR ACTIVITY.—In 
10
this subsection, the term ‘‘program or activity’’ has 
11
the meaning given the term in section 606 of the 
12
Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 
13
SEC. 107. EDUCATION AND OUTREACH. 
14
The Secretary may conduct a public awareness cam-
15
paign to educate and inform the public of the require-
16
ments for paid sick time required by this Act. 
17
SEC. 108. COLLECTION OF DATA ON PAID SICK TIME AND 
18
FURTHER STUDY. 
19
(a) COMPILATION OF INFORMATION.—The Commis-
20
sioner of Labor Statistics shall annually compile informa-
21
tion on the following: 
22
(1) The amount of paid sick time available to 
23
employees by occupation and type of employment es-
24
tablishment. 
25
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92 
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(2) An estimate of the average sick time used 
1
by employees according to occupation and the type 
2
of employment establishment. 
3
(b) GAO STUDY.—Not later than 5 years after the 
4
date of enactment of this Act, the Comptroller General 
5
of the United States shall conduct a study to evaluate the 
6
implementation of this Act. Such study shall include an 
7
estimation of employees’ access to paid sick time, employ-
8
ees’ awareness of their rights under this Act, and employ-
9
ers’ experiences complying with this Act. Such study shall 
10
take into account access, awareness and experiences of 
11
employees by race, ethnicity, gender, and occupation. 
12
(c) REPORT.—Upon completion of the study required 
13
by subsection (b), the Comptroller General of the United 
14
States shall prepare and submit a report to the appro-
15
priate committees of Congress concerning the results of 
16
the study and the information compiled pursuant to sub-
17
section (a). 
18
SEC. 109. EFFECT ON OTHER LAWS. 
19
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
20
LAWS.—Nothing in this Act shall be construed to modify 
21
or affect any Federal or State law prohibiting discrimina-
22
tion on the basis of race, religion, color, national origin, 
23
sex, age, disability, sexual orientation, gender identity, 
24
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93 
•HR 6201 IH
marital status, familial status, or any other protected sta-
1
tus. 
2
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
3
shall be construed to supersede (including preempting) 
4
any provision of any State or local law that provides great-
5
er paid sick time or leave rights (including greater 
6
amounts of paid sick time or leave, or greater coverage 
7
of those eligible for paid sick time or leave) than the rights 
8
established under this Act. 
9
SEC. 110. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
10
(a) MORE PROTECTIVE.—Nothing in this Act shall 
11
be construed to diminish the obligation of an employer to 
12
comply with any contract, collective bargaining agreement, 
13
or any employment benefit program or plan that provides 
14
greater paid sick leave or other leave rights to employees 
15
or individuals than the rights established under this Act. 
16
(b) LESS PROTECTIVE.—The rights established for 
17
employees under this Act shall not be diminished by any 
18
contract, collective bargaining agreement, or any employ-
19
ment benefit program or plan. 
20
SEC. 111. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
21
POLICIES. 
22
Nothing in this Act shall be construed to discourage 
23
employers from adopting or retaining leave policies more 
24
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94 
•HR 6201 IH
generous than policies that comply with the requirements 
1
of this Act. 
2
SEC. 112. REGULATIONS. 
3
(a) IN GENERAL.— 
4
(1) AUTHORITY.—Except as provided in para-
5
graph (2) and subject to subsection (e), not later 
6
than 180 days after the date of enactment of this 
7
Act, the Secretary shall prescribe such regulations 
8
as are necessary to carry out this Act with respect 
9
to employees described in subparagraph (A) or (B) 
10
of section 2(4) and other individuals affected by em-
11
ployers described in subclause (I) or (II) of section 
12
2(5)(A)(i). 
13
(2) GOVERNMENT ACCOUNTABILITY OFFICE; LI-
14
BRARY
OF
CONGRESS.—Subject to subsection (e), 
15
the Comptroller General of the United States and 
16
the Librarian of Congress shall prescribe the regula-
17
tions with respect to employees of the Government 
18
Accountability Office and the Library of Congress, 
19
respectively, and other individuals affected by the 
20
Comptroller General of the United States and the 
21
Librarian of Congress, respectively. 
22
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
23
COUNTABILITY ACT OF 1995.— 
24
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95 
•HR 6201 IH
(1) AUTHORITY.—Subject to subsection (e), not 
1
later than 90 days after the Secretary prescribes 
2
regulations under subsection (a), the Board of Di-
3
rectors of the Office of Compliance shall prescribe 
4
(in accordance with section 304 of the Congressional 
5
Accountability Act of 1995 (2 U.S.C. 1384)) such 
6
regulations as are necessary to carry out this Act 
7
with respect to employees described in section 
8
2(4)(C) and other individuals affected by employers 
9
described in section 2(5)(A)(i)(III). 
10
(2) AGENCY
REGULATIONS.—The regulations 
11
prescribed under paragraph (1) shall be the same as 
12
substantive regulations promulgated by the Sec-
13
retary to carry out this Act except insofar as the 
14
Board may determine, for good cause shown and 
15
stated together with the regulations prescribed 
16
under paragraph (1), that a modification of such 
17
regulations would be more effective for the imple-
18
mentation of the rights and protections involved 
19
under this section. 
20
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
21
3, UNITED STATES CODE.— 
22
(1) AUTHORITY.—Subject to subsection (e), not 
23
later than 90 days after the Secretary prescribes 
24
regulations under subsection (a), the President (or 
25
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96 
•HR 6201 IH
the designee of the President) shall prescribe such 
1
regulations as are necessary to carry out this Act 
2
with respect to employees described in section 
3
2(4)(D) and other individuals affected by employers 
4
described in section 2(5)(A)(i)(IV). 
5
(2) AGENCY
REGULATIONS.—The regulations 
6
prescribed under paragraph (1) shall be the same as 
7
substantive regulations promulgated by the Sec-
8
retary to carry out this Act except insofar as the 
9
President (or designee) may determine, for good 
10
cause shown and stated together with the regula-
11
tions prescribed under paragraph (1), that a modi-
12
fication of such regulations would be more effective 
13
for the implementation of the rights and protections 
14
involved under this section. 
15
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
16
5, UNITED STATES CODE.— 
17
(1) AUTHORITY.—Subject to subsection (e), not 
18
later than 90 days after the Secretary prescribes 
19
regulations under subsection (a), the Director of the 
20
Office of Personnel Management shall prescribe such 
21
regulations as are necessary to carry out this Act 
22
with respect to employees described in section 
23
2(4)(E) and other individuals affected by employers 
24
described in section 2(5)(A)(i)(V). 
25
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97 
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(2) AGENCY
REGULATIONS.—The regulations 
1
prescribed under paragraph (1) shall be the same as 
2
substantive regulations promulgated by the Sec-
3
retary to carry out this Act except insofar as the Di-
4
rector may determine, for good cause shown and 
5
stated together with the regulations prescribed 
6
under paragraph (1), that a modification of such 
7
regulations would be more effective for the imple-
8
mentation of the rights and protections involved 
9
under this section. 
10
(e) IMMEDIATE COMPLIANCE.—The rights and re-
11
sponsibilities specified in this Act shall take effect on the 
12
date of enactment of this Act and employers and other 
13
persons subject to those responsibilities shall comply im-
14
mediately, without regard whether regulations have been 
15
prescribed under this section. 
16
SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 
17
There are authorized to be appropriated to carry out 
18
this Act such sums as may be necessary for fiscal year 
19
2020 and each subsequent fiscal year. 
20
SEC. 114. EFFECTIVE DATES. 
21
(a) IN GENERAL.—This Act takes effect on the date 
22
of enactment of this Act. 
23
(b) PREVIOUS DECLARATIONS.—If a public health 
24
emergency was declared before and remains in effect on 
25
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98 
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the date of enactment of this Act, for purposes of this 
1
Act (and in particular section 3(c) of this Act) the public 
2
health emergency shall be considered to have been de-
3
clared on the date of enactment of this Act. 
4
DIVISION G—HEALTH 
5
PROVISIONS 
6
SEC. 101. COVERAGE OF TESTING FOR COVID–19. 
7
(a) IN GENERAL.—A group health plan and a health 
8
insurance issuer offering group or individual health insur-
9
ance coverage (including a grandfathered health plan (as 
10
defined in section 1251(e) of the Patient Protection and 
11
Affordable Care Act)) shall provide coverage, and shall not 
12
impose any cost sharing (including deductibles, copay-
13
ments, and coinsurance) requirements or prior authoriza-
14
tion or other medical management requirements, for the 
15
following items and services furnished during any portion 
16
of the emergency period defined in paragraph (1)(B) of 
17
section 1135(g) of the Social Security Act (42 U.S.C. 
18
1320b–5(g)) beginning on or after the date of the enact-
19
ment of this Act: 
20
(1) In vitro diagnostic products (as defined in 
21
section 809.3(a) of title 21, Code of Federal Regula-
22
tions) for the detection of SARS–CoV–2 or the diag-
23
nosis of the virus that causes COVID–19 that are 
24
approved, cleared, or authorized under section 
25
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99 
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510(k), 513, 515 or 564 of the Federal Food, Drug, 
1
and Cosmetic Act, and the administration of such in 
2
vitro diagnostic products. 
3
(2) Health care provider office visits, urgent 
4
care center visits, and emergency room visits that 
5
result in an order for or administration of an in 
6
vitro diagnostic product described in paragraph (1). 
7
(b) ENFORCEMENT.—The provisions of subsection 
8
(a) shall be applied by the Secretary of Health and Human 
9
Services, Secretary of Labor, and Secretary of the Treas-
10
ury to group health plans and health insurance issuers of-
11
fering group or individual health insurance coverage as if 
12
included in the provisions of part A of title XXVII of the 
13
Public Health Service Act, part 7 of the Employee Retire-
14
ment Income Security Act of 1974, and subchapter B of 
15
chapter 100 of the Internal Revenue Code of 1986, as ap-
16
plicable. 
17
(c) IMPLEMENTATION.—The Secretary of Health and 
18
Human Services, Secretary of Labor, and Secretary of the 
19
Treasury may implement the provisions of this section 
20
through sub-regulatory guidance, program instruction or 
21
otherwise. 
22
(d) TERMS.—The terms ‘‘group health plan’’; ‘‘health 
23
insurance issuer’’; ‘‘group health insurance coverage’’, and 
24
‘‘individual health insurance coverage’’ have the meanings 
25
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100 
•HR 6201 IH
given such terms in section 2791 of the Public Health 
1
Service Act (42 U.S.C. 300gg–91), section 733 of the Em-
2
ployee Retirement Income Security Act of 1974 (29 
3
U.S.C. 1191b), and section 9832 of the Internal Revenue 
4
Code of 1986, as applicable. 
5
SEC. 102. WAIVING COST SHARING UNDER THE MEDICARE 
6
PROGRAM FOR CERTAIN VISITS RELATING 
7
TO TESTING FOR COVID–19. 
8
(a) IN GENERAL.—Section 1833 of the Social Secu-
9
rity Act (42 U.S.C. 1395l) is amended— 
10
(1) in subsection (a)(1)— 
11
(A) by striking ‘‘and’’ before ‘‘(CC)’’; and 
12
(B) by inserting before the period at the 
13
end the following: ‘‘, and (DD) with respect to 
14
a specified COVID–19 testing-related service 
15
described in paragraph (1) of subsection (cc) 
16
for which payment may be made under a speci-
17
fied outpatient payment provision described in 
18
paragraph (2) of such subsection, the amounts 
19
paid shall be 100 percent of the payment 
20
amount otherwise recognized under such respec-
21
tive specified outpatient payment provision for 
22
such service,’’; 
23
(2) in subsection (b), in the first sentence— 
24
(A) by striking ‘‘and’’ before ‘‘(10)’’; and 
25
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101 
•HR 6201 IH
(B) by inserting before the period at the 
1
end the following: ‘‘, and (11) such deductible 
2
shall not apply with respect to any specified 
3
COVID–19 testing-related service described in 
4
paragraph (1) of subsection (cc) for which pay-
5
ment may be made under a specified outpatient 
6
payment provision described in paragraph (2) 
7
of such subsection’’; and 
8
(3) by adding at the end the following new sub-
9
section: 
10
‘‘(cc) SPECIFIED
COVID–19 TESTING-RELATED 
11
SERVICES.—For purposes of subsection (a)(1)(DD): 
12
‘‘(1) DESCRIPTION.— 
13
‘‘(A) IN GENERAL.—A specified COVID– 
14
19 testing-related service described in this para-
15
graph is a medical visit that— 
16
‘‘(i) is in any of the categories of 
17
HCPCS evaluation and management serv-
18
ice codes described in subparagraph (B); 
19
‘‘(ii) is furnished during any portion 
20
of the emergency period (as defined in sec-
21
tion 1135(g)(1)(B) (beginning on or after 
22
the date of the date of the enactment of 
23
this subsection); and 
24
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102 
•HR 6201 IH
‘‘(iii) results in an order for or admin-
1
istration of a diagnostic test described in 
2
section 1852(a)(1)(B)(iv)(IV). 
3
‘‘(B) CATEGORIES OF HCPCS CODES.—For 
4
purposes of subparagraph (A), the categories of 
5
HCPCS evaluation and management services 
6
codes are the following: 
7
‘‘(i) Office and other outpatient serv-
8
ices. 
9
‘‘(ii) Hospital observation services. 
10
‘‘(iii) Emergency department services. 
11
‘‘(iv) Nursing facility services. 
12
‘‘(v) Domiciliary, rest home, or custo-
13
dial care services. 
14
‘‘(vi) Home services. 
15
‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
16
SION.—A specified outpatient payment provision de-
17
scribed in this paragraph is any of the following: 
18
‘‘(A) The hospital outpatient prospective 
19
payment system under subsection (t). 
20
‘‘(B) The physician fee schedule under sec-
21
tion 1848. 
22
‘‘(C) The prospective payment system de-
23
veloped under section 1834(o). 
24
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103 
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‘‘(D) Section 1834(g), with respect to an 
1
outpatient critical access hospital service. 
2
‘‘(E) The payment basis determined in 
3
regulations pursuant to section 1833(a)(3) for 
4
rural health clinic services.’’. 
5
(b) CLAIMS MODIFIER.—The Secretary of Health 
6
and Human Services shall provide for an appropriate 
7
modifier (or other identifier) to include on claims to iden-
8
tify, for purposes of subparagraph (DD) of section 
9
1833(a)(1), as added by subsection (a), specified COVID– 
10
19 testing-related services described in paragraph (1) of 
11
section 1833(cc) of the Social Security Act, as added by 
12
subsection (a), for which payment may be made under a 
13
specified outpatient payment provision described in para-
14
graph (2) of such subsection. 
15
(c) IMPLEMENTATION.—Notwithstanding any other 
16
provision of law, the Secretary of Health and Human 
17
Services may implement the provisions of, including 
18
amendments made by, this section through program in-
19
struction or otherwise. 
20
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104 
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SECTION 103. COVERAGE OF TESTING FOR COVID–19 AT NO 
1
COST SHARING UNDER THE MEDICARE AD-
2
VANTAGE PROGRAM. 
3
(a) IN GENERAL.—Section 1852(a)(1)(B) of the So-
4
cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 
5
amended— 
6
(1) in clause (iv)— 
7
(A) by redesignating subclause (IV) as 
8
subclause (VI); and 
9
(B) by inserting after subclause (III) the 
10
following new subclauses: 
11
‘‘(IV) Clinical diagnostic labora-
12
tory test administered during any por-
13
tion of the emergency period defined 
14
in 
paragraph 
(1)(B) 
of 
section 
15
1135(g) beginning on or after the 
16
date of the enactment of the Families 
17
First Coronavirus Response Act for 
18
the detection of SARS–CoV–2 or the 
19
diagnosis of the virus that causes 
20
COVID–19 and the administration of 
21
such test. 
22
‘‘(V) Specified COVID–19 test-
23
ing-related services (as described in 
24
section 1833(cc)(1)) for which pay-
25
ment would be payable under a speci-
26
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105 
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fied outpatient payment provision de-
1
scribed in section 1833(cc)(2).’’; 
2
(2) in clause (v), by inserting ‘‘, other than sub-
3
clauses (IV) and (V) of such clause,’’ after ‘‘clause 
4
(iv)’’; and 
5
(3) by adding at the end the following new 
6
clause: 
7
‘‘(vi) PROHIBITION
OF
APPLICATION 
8
OF CERTAIN REQUIREMENTS FOR COVID–19 
9
TESTING.—In the case of a product or 
10
service described in subclause (IV) or (V), 
11
respectively, of clause (iv) that is adminis-
12
tered or furnished during any portion of 
13
the emergency period described in such 
14
subclause beginning on or after the date of 
15
the enactment of this clause, an MA plan 
16
may not impose any prior authorization or 
17
other utilization management requirements 
18
with respect to the coverage of such a 
19
product or service under such plan.’’. 
20
(b) IMPLEMENTATION.—Notwithstanding any other 
21
provision of law, the Secretary of Health and Human 
22
Services may implement the amendments made by this 
23
section by program instruction or otherwise. 
24
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106 
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SECTION 104. COVERAGE AT NO COST SHARING OF COVID– 
1
19 TESTING UNDER MEDICAID AND CHIP. 
2
(a) MEDICAID.— 
3
(1) IN GENERAL.—Section 1905(a)(3) of the 
4
Social Security Act (42 U.S.C. 1396d(a)(3)) is 
5
amended— 
6
(A) by striking ‘‘other laboratory’’ and in-
7
serting ‘‘(A) other laboratory’’; 
8
(B) by inserting ‘‘and’’ after the semicolon; 
9
and 
10
(C) by adding at the end the following new 
11
subparagraph: 
12
‘‘(B) in vitro diagnostic products (as defined in 
13
section 809.3(a) of title 21, Code of Federal Regula-
14
tions) administered during any portion of the emer-
15
gency period defined in paragraph (1)(B) of section 
16
1135(g) beginning on or after the date of the enact-
17
ment of this subparagraph for the detection of 
18
SARS–CoV–2 or the diagnosis of the virus that 
19
causes COVID–19 that are approved, cleared, or au-
20
thorized under section 510(k), 513, 515 or 564 of 
21
the Federal Food, Drug, and Cosmetic Act, and the 
22
administration of such in vitro diagnostic products;’’. 
23
(2) NO COST SHARING.— 
24
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107 
•HR 6201 IH
(A) IN GENERAL.—Subsections (a)(2) and 
1
(b)(2) of section 1916 of the Social Security 
2
Act (42 U.S.C. 1396o) are each amended— 
3
(i) in subparagraph (D), by striking 
4
‘‘or’’ at the end; 
5
(ii) in subparagraph (E), by striking 
6
‘‘; and’’ and inserting a comma; and 
7
(iii) by adding at the end the fol-
8
lowing new subparagraphs: 
9
‘‘(F) any in vitro diagnostic product de-
10
scribed in section 1905(a)(3)(B) that is admin-
11
istered during any portion of the emergency pe-
12
riod described in such section beginning on or 
13
after the date of the enactment of this subpara-
14
graph (and the administration of such product), 
15
or 
16
‘‘(G) any medical visit for which payment 
17
may be made under the State plan, that is fur-
18
nished during any such portion of such emer-
19
gency period, and that relates to testing for 
20
COVID–19; and’’. 
21
(B) APPLICATION TO ALTERNATIVE COST 
22
SHARING.—Section 1916A(b)(3)(B) of the So-
23
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
24
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108 
•HR 6201 IH
is amended by adding at the end the following 
1
new clause: 
2
‘‘(xi) Any in vitro diagnostic product 
3
described in section 1905(a)(3)(B) that is 
4
administered during any portion of the 
5
emergency period described in such section 
6
beginning on or after the date of the enact-
7
ment of this clause (and the administration 
8
of such product) and any visit described in 
9
section 1916(a)(2)(G) that is furnished 
10
during any such portion.’’. 
11
(C) 
CLARIFICATION.—The 
amendments 
12
made this paragraph shall apply with respect to 
13
a State plan of a territory in the same manner 
14
as a State plan of one of the 50 States. 
15
(3) STATE OPTION TO PROVIDE COVERAGE FOR 
16
UNINSURED INDIVIDUALS.— 
17
(A) IN GENERAL.—Section 1902(a)(10) of 
18
the 
Social 
Security 
Act 
(42 
U.S.C. 
19
1396a(a)(10)) is amended— 
20
(i) in subparagraph (A)(ii)— 
21
(I) in subclause (XXI), by strik-
22
ing ‘‘or’’ at the end; 
23
(II) in subclause (XXII), by add-
24
ing ‘‘or’’ at the end; and 
25
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109 
•HR 6201 IH
(III) by adding at the end the 
1
following new subclause: 
2
‘‘(XXIII) during any portion of 
3
the emergency period defined in para-
4
graph (1)(B) of section 1135(g) be-
5
ginning on or after the date of the en-
6
actment of this subclause, who are un-
7
insured individuals (as defined in sub-
8
section (ss));’’; and 
9
(ii) in the matter following subpara-
10
graph (G)— 
11
(I) by striking ‘‘and (XVII)’’ and 
12
inserting ‘‘, (XVII)’’; and 
13
(II) by inserting after ‘‘instead of 
14
through subclause (VIII)’’ the fol-
15
lowing: ‘‘, and (XVIII) the medical as-
16
sistance made available to an unin-
17
sured individual (as defined in sub-
18
section (ss)) who is eligible for med-
19
ical assistance only because of sub-
20
paragraph (A)(ii)(XXIII) shall be lim-
21
ited to medical assistance for any in 
22
vitro diagnostic product described in 
23
section 1905(a)(3)(B) that is adminis-
24
tered during any portion of the emer-
25
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110 
•HR 6201 IH
gency period described in such section 
1
beginning on or after the date of the 
2
enactment of this subclause (and the 
3
administration of such product) and 
4
any 
visit 
described 
in 
section 
5
1916(a)(2)(G) that is furnished dur-
6
ing any such portion’’. 
7
(B) RECEIPT AND INITIAL PROCESSING OF 
8
APPLICATIONS
AT
CERTAIN
LOCATIONS.—Sec-
9
tion 1902(a)(55) of the Social Security Act (42 
10
U.S.C. 1396a(a)(55)) is amended, in the matter 
11
preceding subparagraph (A), by striking ‘‘or 
12
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
13
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
14
(C) UNINSURED INDIVIDUAL DEFINED.— 
15
Section 1902 of the Social Security Act (42 
16
U.S.C. 1396a) is amended by adding at the end 
17
the following new subsection: 
18
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
19
poses of this section, the term ‘uninsured individual’ 
20
means, notwithstanding any other provision of this title, 
21
any individual who is— 
22
‘‘(1) not described in subsection (a)(10)(A)(i); 
23
and 
24
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111 
•HR 6201 IH
‘‘(2) not enrolled in a Federal health care pro-
1
gram (as defined in section 1128B(f)), a group 
2
health plan, group or individual health insurance 
3
coverage offered by a health insurance issuer (as 
4
such terms are defined in section 2791 of the Public 
5
Health Service Act), or a health plan offered under 
6
chapter 89 of title 5, United States Code.’’. 
7
(D) FEDERAL MEDICAL ASSISTANCE PER-
8
CENTAGE.—Section 1905(b) of the Social Secu-
9
rity Act (42 U.S.C. 1396d(b)) is amended by 
10
adding at the end the following new sentence: 
11
‘‘Notwithstanding the first sentence of this sec-
12
tion, the Federal medical assistance percentage 
13
shall be 100 per centum with respect to (and, 
14
notwithstanding any other provision of this 
15
title, available for) medical assistance provided 
16
to uninsured individuals (as defined in section 
17
1902(ss)) who are eligible for such assistance 
18
only 
on 
the 
basis 
of 
section 
19
1902(a)(10)(A)(ii)(XXIII) and with respect to 
20
expenditures described in section 1903(a)(7) 
21
that a State demonstrates to the satisfaction of 
22
the Secretary are attributable to administrative 
23
costs related to providing for such medical as-
24
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112 
•HR 6201 IH
sistance to such individuals under the State 
1
plan.’’. 
2
(b) CHIP.— 
3
(1) IN GENERAL.—Section 2103(c) of the So-
4
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
5
by adding at the end the following paragraph: 
6
‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 
7
FOR COVID–19 TESTING.—The child health assist-
8
ance provided to a targeted low-income child shall 
9
include coverage of any in vitro diagnostic product 
10
described in section 1905(a)(3)(B) that is adminis-
11
tered during any portion of the emergency period de-
12
scribed in such section beginning on or after the 
13
date of the enactment of this subparagraph (and the 
14
administration of such product).’’. 
15
(2) COVERAGE
FOR
TARGETED
LOW-INCOME 
16
PREGNANT WOMEN.—Section 2112(b)(4) of the So-
17
cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend-
18
ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 
19
requirements’’. 
20
(3) PROHIBITION OF COST SHARING.—Section 
21
2103(e)(2) of the Social Security Act (42 U.S.C. 
22
1397cc(e)(2)) is amended— 
23
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113 
•HR 6201 IH
(A) in the paragraph header, by inserting 
1
‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 
2
RELATED ASSISTANCE’’; and 
3
(B) by striking ‘‘category of services de-
4
scribed in subsection (c)(1)(D) or’’ and insert-
5
ing ‘‘categories of services described in sub-
6
section (c)(1)(D), in vitro diagnostic products 
7
described in subsection (c)(9) (and administra-
8
tion of such products), visits described in sec-
9
tion 1916(a)(2)(G), or’’. 
10
SEC. 105. LABORATORY REIMBURSEMENT FOR DIAGNOSTIC 
11
TESTING FOR COVID–19 IN UNINSURED INDI-
12
VIDUALS. 
13
(a) REIMBURSEMENT.—Through the National Dis-
14
aster Medical System under section 2812 of the Public 
15
Health Service Act (42 U.S.C. 300hh–11), and in coordi-
16
nation with the Administrator of the Centers for Medicare 
17
& Medicaid Services, the Secretary of Health and Human 
18
Services shall, subject to the availability of appropriations 
19
under subsection (c), pay the claims of laboratories for 
20
reimbursement, as described in subsection (a)(3)(D) of 
21
such section 2812, for health services consisting of diag-
22
nostic testing to detect or diagnose COVID–19 in unin-
23
sured individuals. The amount that will be paid shall be 
24
equal to the amount that would have been paid to a physi-
25
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114 
•HR 6201 IH
cian or laboratory under Clinical Laboratory Fee Schedule 
1
under section 1833(h)(8) of the Social Security Act. 
2
(b) DEFINITION.—In this section, the term ‘‘unin-
3
sured individual’’ means an individual who is not enrolled 
4
in— 
5
(1) a Federal health care program (as defined 
6
under section 1128B(f) of the Social Security Act 
7
(42 U.S.C. 1320a–7b(f)); or 
8
(2) a group health plan or health insurance cov-
9
erage offered by a health insurance issuer in the 
10
group or individual market (as such terms are de-
11
fined in section 2791 of the Public Health Service 
12
Act (42 U.S.C. 300gg–91)) or a health plan offered 
13
under chapter 89 of title 5, United States Code. 
14
(c) FUNDING.—To carry out this section, there is au-
15
thorized to be appropriated, and there is hereby appro-
16
priated, out of amounts in the Treasury not otherwise obli-
17
gated, $1,000,000,000, to remain available until ex-
18
pended. 
19
SEC. 106. TREATMENT OF PERSONAL RESPIRATORY PRO-
20
TECTIVE DEVICES AS COVERED COUNTER-
21
MEASURES. 
22
Section 319F–3(i)(1) of the Public Health Service 
23
Act (42 U.S.C. 247d–6d(i)(1)) is amended— 
24
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115 
•HR 6201 IH
(1) in subparagraph (B), by striking ‘‘or’’ at 
1
the end; and 
2
(2) in subparagraph (C), by striking the period 
3
at the end and inserting ‘‘; or’’; and 
4
(3) by adding at the end the following new sub-
5
paragraph: 
6
‘‘(D) a personal respiratory protective de-
7
vice that is— 
8
‘‘(i) approved by the National Insti-
9
tute for Occupational Safety and Health 
10
under part 84 of title 42, Code of Federal 
11
Regulations (or successor regulations); 
12
‘‘(ii) subject to the emergency use au-
13
thorization issued by the Secretary on 
14
March 2, 2020, or subsequent emergency 
15
use authorizations, pursuant to section 564 
16
of the Federal Food, Drug, and Cosmetic 
17
Act (authorizing emergency use of personal 
18
respiratory protective devices during the 
19
COVID–19 outbreak); and 
20
‘‘(iii) used during the period begin-
21
ning on January 31, 2020, and ending on 
22
October 1, 2024, in response to the public 
23
health emergency declared on January 31, 
24
2020, pursuant to section 319 as a result 
25
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116 
•HR 6201 IH
of 
confirmed 
cases 
of 
2019 
Novel 
1
Coronavirus (2019-nCoV).’’. 
2
SEC. 107. APPLICATION WITH RESPECT TO TRICARE, COV-
3
ERAGE FOR VETERANS, AND COVERAGE FOR 
4
FEDERAL CIVILIANS. 
5
(a) TRICARE.—The Secretary of Defense may not re-
6
quire any copayment or other cost sharing under chapter 
7
55 of title 10, United States Code, for in vitro diagnostic 
8
products described in paragraph (1) of section 101(a) (or 
9
the administration of such products) or visits described 
10
in paragraph (2) of such section furnished during any por-
11
tion of the emergency period defined in paragraph (1)(B) 
12
of section 1135(g) of the Social Security Act (42 U.S.C. 
13
1320b–5(g)) beginning on or after the date of the enact-
14
ment of this Act. 
15
(b) VETERANS.—The Secretary of Veterans Affairs 
16
may not require any copayment or other cost sharing 
17
under chapter 17 of title 38, United States Code, for in 
18
vitro diagnostic products described in paragraph (1) of 
19
section 101(a) (or the adminsitration of such products) 
20
or visits described in paragraph (2) of such section fur-
21
nished during any portion of the emergency period defined 
22
in paragraph (1)(B) of section 1135(g) of the Social Secu-
23
rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
24
date of the enactment of this Act. 
25
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117 
•HR 6201 IH
(c) FEDERAL CIVILIANS.—No copayment or other 
1
cost sharing may be required for any individual occupying 
2
a position in the civil service (as that term is defined in 
3
section 2101(1) of title 5, United States Code) enrolled 
4
in a health benefits plan, including any plan under chapter 
5
89 of title 5, United States Code, or for any other indi-
6
vidual currently enrolled in any plan under chapter 89 of 
7
title 5 for diagnostic tests’’ after ‘‘including any plan 
8
under chapter 89 of title 5, United States Code), for in 
9
vitro diagnostic products described in paragraph (1) of 
10
section 101(a) (or the administration of such products) 
11
or visits described in paragraph (2) of such section fur-
12
nished during any portion of the emergency period defined 
13
in paragraph (1)(B) of section 1135(g) of the Social Secu-
14
rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
15
date of the enactment of this Act. 
16
SEC. 108. COVERAGE OF TESTING FOR COVID–19 AT NO 
17
COST SHARING FOR INDIANS RECEIVING 
18
CONTRACT HEALTH SERVICES. 
19
The Secretary of Health and Human Services shall 
20
cover, without the imposition of any cost sharing require-
21
ments, the cost of providing any COVID-19 related items 
22
and services as described in paragraph (1) of section 
23
101(a) (or the administration of such products) or visits 
24
described in paragraph (2) of such section furnished dur-
25
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118 
•HR 6201 IH
ing any portion of the emergency period defined in para-
1
graph (1)(B) of section 1135(g) of the Social Security Act 
2
(42 U.S.C. 320b–5(g)) beginning on or after the date of 
3
the enactment of this Act to Indians (as defined in section 
4
4 of the Indian Health Care Improvement Act (25 U.S.C. 
5
1603)) receiving health services through the Indian Health 
6
Service, regardless of whether such items or services have 
7
been authorized under the contract health services system 
8
funded by the Indian Health Service or is covered as a 
9
health service of the Indian Health Service. 
10
SEC. 109. TEMPORARY INCREASE OF MEDICAID FMAP. 
11
(a) IN GENERAL.—Subject to subsection (b), for each 
12
calendar quarter occurring during the period beginning on 
13
the first day of the emergency period defined in paragraph 
14
(1)(B) of section 1135(g) of the Social Security Act (42 
15
U.S.C. 1320b–5(g)) and ending on the last day of the cal-
16
endar quarter in which the last day of such emergency 
17
period occurs, the Federal medical assistance percentage 
18
determined for each State, including the District of Co-
19
lumbia, American Samoa, Guam, the Commonwealth of 
20
the Northern Mariana Islands, Puerto Rico, and the 
21
United States Virgin Islands, under section 1905(b) of the 
22
Social Security Act (42 U.S.C. 1396d(b)) shall be in-
23
creased by 8 percentage points. 
24
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119 
•HR 6201 IH
(b) REQUIREMENT FOR ALL STATES.—A State de-
1
scribed in subsection (a) may not receive the increase de-
2
scribed in such subsection in the Federal medical assist-
3
ance percentage for such State, with respect to a quarter, 
4
if— 
5
(1) eligibility standards, methodologies, or pro-
6
cedures under the State plan of such State under 
7
title XIX of the Social Security Act (42 U.S.C. 1396 
8
et seq.) (including any waiver under such title or 
9
section 1115 of such Act (42 U.S.C. 1315)) are 
10
more restrictive during such quarter than the eligi-
11
bility standards methodologies, or procedures, re-
12
spectively, under such plan (or waiver) as in effect 
13
on January 1, 2020; 
14
(2) the amount of any premium imposed by the 
15
State pursuant to section 1916 or 1916A of such 
16
Act (42 U.S.C. 1396o, 1396o–1) during such quar-
17
ter, with respect to an individual enrolled under such 
18
plan (or waiver), exceeds the amount of such pre-
19
mium as of January 1, 2020; 
20
(3) the State terminates or denies the enroll-
21
ment of any individual under such plan (or waiver) 
22
during such quarter for a reason other than a fail-
23
ure to satisfy financial, categorical, and State resi-
24
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120 
•HR 6201 IH
dency requirements (as applicable) under such plan 
1
(or waiver); 
2
(4) the State does not provide coverage under 
3
such plan (or waiver), without the imposition of cost 
4
sharing, during such quarter for any testing services 
5
and treatments for COVID–19, including vaccines, 
6
specialized equipment, and therapies; or 
7
(5) the State conducts during such quarter 
8
periodic income checks, including automated income 
9
checks, or eligibility redeterminations under such 
10
plan (or waiver) at a rate more frequent than once 
11
every 12 months. 
12
(c) REQUIREMENT FOR CERTAIN STATES.—Section 
13
1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) 
14
is amended by striking ‘‘American Recovery and Reinvest-
15
ment Act of 2009.’’ and inserting ‘‘and section 109 of the 
16
Families First Coronavirus Response Act, except that in 
17
applying such treatments to the increases in the Federal 
18
medical assistance percentage under section 109 of the 
19
Families First Coronavirus Response Act, the reference to 
20
‘December 31, 2009’ shall be deemed to be a reference 
21
to ‘March 11, 2020’.’’. 
22
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121 
•HR 6201 IH
SEC. 110. INCREASE IN MEDICAID ALLOTMENTS FOR TER-
1
RITORIES. 
2
Section 1108(g) of the Social Security Act (42 U.S.C. 
3
1308(g)) is amended— 
4
(1) in paragraph (2)— 
5
(A) in subparagraph (B)— 
6
(i) in clause (i), by striking ‘‘and’’ at 
7
the end; 
8
(ii) in clause (ii), by striking ‘‘for each 
9
of 
fiscal 
years 
2020 
through 
2021, 
10
$126,000,000;’’ and inserting ‘‘for fiscal 
11
year 2020, $129,500,000; and’’; and 
12
(iii) by adding at the end the fol-
13
lowing new clause: 
14
‘‘(iii) 
for 
fiscal 
year 
2021, 
15
$128,500,000;’’; 
16
(B) in subparagraph (C)— 
17
(i) in clause (i), by striking ‘‘and’’ at 
18
the end; 
19
(ii) in clause (ii), by striking ‘‘for each 
20
of 
fiscal 
years 
2020 
through 
2021, 
21
$127,000,000;’’ and inserting ‘‘for fiscal 
22
year 2020, $132,000,000; and’’; and 
23
(iii) by adding at the end the fol-
24
lowing new clause: 
25
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•HR 6201 IH
‘‘(iii) 
for 
fiscal 
year 
2021, 
1
$130,500,000;’’; 
2
(C) in subparagraph (D)— 
3
(i) in clause (i), by striking ‘‘and’’ at 
4
the end; 
5
(ii) in clause (ii), by striking ‘‘for each 
6
of 
fiscal 
years 
2020 
through 
2021, 
7
$60,000,000; and’’ and inserting ‘‘for fis-
8
cal year 2020, $64,000,000; and’’; and 
9
(iii) by adding at the end the fol-
10
lowing new clause: 
11
‘‘(iii) 
for 
fiscal 
year 
2021, 
12
$63,000,000; and’’; and 
13
(D) in subparagraph (E)— 
14
(i) in clause (i), by striking ‘‘and’’ at 
15
the end; 
16
(ii) in clause (ii), by striking ‘‘for each 
17
of 
fiscal 
years 
2020 
through 
2021, 
18
$84,000,000.’’ and inserting ‘‘for fiscal 
19
year 2020, $87,000,000; and’’; and 
20
(iii) by adding at the end the fol-
21
lowing new clause: 
22
‘‘(iii) 
for 
fiscal 
year 
2021, 
23
$86,000,000.’’; and 
24
(2) in paragraph (6)(A)— 
25
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123 
•HR 6201 IH
(A) 
in 
clause 
(i), 
by 
striking 
1
‘‘$2,623,188,000’’ 
and 
inserting 
2
‘‘$2,743,188,000’’; and 
3
(B) 
in 
clause 
(ii), 
by 
striking 
4
‘‘$2,719,072,000’’ 
and 
inserting 
5
‘‘$2,804,072,000’’. 
6
DIVISION H—BUDGETARY 
7
EFFECTS 
8
SEC. 101. BUDGETARY EFFECTS. 
9
(a) STATUTORY PAYGO SCORECARDS.—The budg-
10
etary effects of division B and each succeeding division 
11
shall not be entered on either PAYGO scorecard main-
12
tained pursuant to section 4(d) of the Statutory Pay-As- 
13
You-Go Act of 2010. 
14
(b) SENATE PAYGO SCORECARDS.—The budgetary 
15
effects of division B and each succeeding division shall not 
16
be entered on any PAYGO scorecard maintained for pur-
17
poses of section 4106 of H. Con. Res. 71 (115th Con-
18
gress). 
19
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
20
Notwithstanding Rule 3 of the Budget Scorekeeping 
21
Guidelines set forth in the joint explanatory statement of 
22
the committee of conference accompanying Conference Re-
23
port 105–217 and section 250(c)(8) of the Balanced 
24
Budget and Emergency Deficit Control Act of 1985, the 
25
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•HR 6201 IH
budgetary effects of division B and each succeeding divi-
1
sion shall not be estimated— 
2
(1) for purposes of section 251 of such Act; and 
3
(2) for purposes of paragraph (4)(C) of section 
4
3 of the Statutory Pay-As-You-Go Act of 2010 as 
5
being included in an appropriation Act. 
6
Æ 
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