Bill text (engrossed House) — H.R. 6201, Families First Coronavirus Response Act (2020-03-14)

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Full text

116TH CONGRESS 
2D SESSION 
H. R. 6201 
AN ACT 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2020, and for other purposes. 
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled, 
2

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•HR 6201 EH
SECTION 1. SHORT TITLE. 
1
This Act may be cited as the ‘‘Families First 
2
Coronavirus Response Act’’. 
3
SEC. 2. TABLE OF CONTENTS. 
4
The table of contents is as follows: 
5
DIVISION A—SECOND CORONAVIRUS PREPAREDNESS AND 
RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 
DIVISION B—NUTRITION WAIVERS 
DIVISION C—EMERGENCY FAMILY AND MEDICAL LEAVE 
EXPANSION ACT 
DIVISION D—EMERGENCY UNEMPLOYMENT INSURANCE 
STABILIZATION AND ACCESS ACT OF 2020 
DIVISION E—EMERGENCY PAID SICK LEAVE ACT 
DIVISION F—HEALTH PROVISIONS 
DIVISION G—TAX CREDITS FOR PAID SICK AND PAID FAMILY 
AND MEDICAL LEAVE 
DIVISION H—BUDGETARY EFFECTS 
SEC. 3. REFERENCES. 
6
Except as expressly provided otherwise, any reference 
7
to ‘‘this Act’’ contained in any division of this Act shall 
8
be treated as referring only to the provisions of that divi-
9
sion. 
10
DIVISION A—SECOND CORONAVIRUS PRE-
11
PAREDNESS AND RESPONSE SUPPLE-
12
MENTAL APPROPRIATIONS ACT, 2020 
13
The following sums are hereby appropriated, out of 
14
any money in the Treasury not otherwise appropriated, 
15
for the fiscal year ending September 30, 2020, and for 
16
other purposes, namely: 
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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. 1101. (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 
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•HR 6201 EH
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 of a public health emer-
16
gency, based on an outbreak of SARS–CoV–2 or an-
17
other coronavirus with pandemic potential, by the 
18
Secretary of Health and Human Services under sec-
19
tion 319 of the Public Health Service Act (42 
20
U.S.C. 247d). 
21
(3) The term ‘‘school’’ has the meaning given 
22
the term in section 12(d) of the Richard B. Russell 
23
National School Lunch Act (42 U.S.C. 1760(d)). 
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(i) FUNDING.—There are hereby appropriated to the 
1
Secretary of Agriculture such amounts as are necessary 
2
to carry out this section: Provided, That such amount is 
3
designated by the Congress as being for an emergency re-
4
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
5
anced Budget and Emergency Deficit Control Act of 1985. 
6
SEC. 1102. In addition to amounts otherwise made 
7
available, $100,000,000, to remain available through Sep-
8
tember 30, 2021, shall be available for the Secretary of 
9
Agriculture to provide grants to the Commonwealth of the 
10
Northern Mariana Islands, Puerto Rico, and American 
11
Samoa for nutrition assistance in response to a COVID– 
12
19 public health emergency: Provided, That such amount 
13
is designated by the Congress as being for an emergency 
14
requirement pursuant to section 251(b)(2)(A)(i) of the 
15
Balanced Budget and Emergency Deficit Control Act of 
16
1985. 
17
TITLE II 
18
DEPARTMENT OF DEFENSE 
19
DEFENSE HEALTH PROGRAM 
20
For an additional amount for ‘‘Defense Health Pro-
21
gram’’, $82,000,000, to remain available until September 
22
30, 2022, for health services consisting of SARS–CoV– 
23
2 or COVID–19 related items and services as described 
24
in section 6006(a) of division F of the Families First 
25

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Coronavirus Response Act (or the administration of such 
1
products): Provided, That such amount is designated by 
2
the Congress as being for an emergency requirement pur-
3
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
4
and Emergency Deficit Control Act of 1985. 
5
TITLE III 
6
DEPARTMENT OF THE TREASURY 
7
INTERNAL REVENUE SERVICE 
8
TAXPAYER SERVICES 
9
For an additional amount for ‘‘Taxpayer Services’’, 
10
$15,000,000, to remain available until September 30, 
11
2022, for the purposes of carrying out the Families First 
12
Coronavirus Response Act: Provided, That amounts pro-
13
vided under this heading in this Act may be transferred 
14
to and merged with ‘‘Operations Support’’: Provided fur-
15
ther, That such amount is designated by the Congress as 
16
being for an emergency requirement pursuant to section 
17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
18
Deficit Control Act of 1985. 
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•HR 6201 EH
TITLE IV 
1
DEPARTMENT OF HEALTH AND HUMAN 
2
SERVICES 
3
INDIAN HEALTH SERVICE 
4
INDIAN HEALTH SERVICES 
5
For an additional amount for ‘‘Indian Health Serv-
6
ices’’, $64,000,000, to remain available until September 
7
30, 2022, for health services consisting of SARS–CoV– 
8
2 or COVID–19 related items and services as described 
9
in section 6007 of division F of the Families First 
10
Coronavirus Response Act (or the administration of such 
11
products): Provided, That such amounts shall be allocated 
12
at the discretion of the Director of the Indian Health Serv-
13
ice: Provided further, That such amount is designated by 
14
the Congress as being for an emergency requirement pur-
15
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
16
and Emergency Deficit Control Act of 1985. 
17
TITLE V 
18
DEPARTMENT OF HEALTH AND HUMAN 
19
SERVICES 
20
ADMINISTRATION FOR COMMUNITY LIVING 
21
AGING AND DISABILITY SERVICES PROGRAMS 
22
For an additional amount for ‘‘Aging and Disability 
23
Services Programs’’, $250,000,000, to remain available 
24
until September 30, 2021, for activities authorized under 
25

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subparts 1 and 2 of part C, of title III, and under title 
1
VI, of the Older Americans Act of 1965 (‘‘OAA’’), of 
2
which $160,000,000 shall be for Home-Delivered Nutri-
3
tion Services, $80,000,000 shall be for Congregate Nutri-
4
tion Services, and $10,000,000 shall be for Nutrition 
5
Services for Native Americans: Provided, That State 
6
matching requirements under sections 304(d)(1)(D) and 
7
309(b)(2) of the OAA shall not apply to funds made avail-
8
able under this heading in this Act: Provided further, That 
9
such amount is designated by the Congress as being for 
10
an 
emergency 
requirement 
pursuant 
to 
section 
11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
12
Deficit Control Act of 1985. 
13
OFFICE OF THE SECRETARY 
14
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
15
FUND 
16
For an additional amount for ‘‘Public Health and So-
17
cial Services Emergency Fund’’, $1,000,000,000, to re-
18
main available until expended, for activities authorized 
19
under section 2812 of the Public Health Service Act (42 
20
U.S.C. 300hh–11), in coordination with the Assistant Sec-
21
retary for Preparedness and Response and the Adminis-
22
trator of the Centers for Medicare & Medicaid Services, 
23
to pay the claims of providers for reimbursement, as de-
24
scribed in subsection (a)(3)(D) of such section 2812, for 
25

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health services consisting of SARS–CoV–2 or COVID–19 
1
related items and services as described in paragraph (1) 
2
of section 6001(a) of division F of the Families First 
3
Coronavirus Response Act (or the administration of such 
4
products) or visits described in paragraph (2) of such sec-
5
tion for uninsured individuals: Provided, That the term 
6
‘‘uninsured individual’’ in this paragraph means an indi-
7
vidual who is not enrolled in— 
8
(1) a Federal health care program (as defined 
9
under section 1128B(f) of the Social Security Act 
10
(42 U.S.C. 1320a-7b(f)), including an individual 
11
who is eligible for medical assistance only because of 
12
subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of 
13
the Social Security Act; or 
14
(2) a group health plan or health insurance cov-
15
erage offered by a health insurance issuer in the 
16
group or individual market (as such terms are de-
17
fined in section 2791 of the Public Health Service 
18
Act (42 U.S.C. 300gg-91)), or a health plan offered 
19
under chapter 89 of title 5, United States Code: 
20
Provided further, That such amount is designated by the 
21
Congress as being for an emergency requirement pursuant 
22
to section 251(b)(2)(A)(i) of the Balanced Budget and 
23
Emergency Deficit Control Act of 1985. 
24

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TITLE VI 
1
DEPARTMENT OF VETERANS AFFAIRS 
2
VETERANS HEALTH ADMINISTRATION 
3
MEDICAL SERVICES 
4
For an additional amount for ‘‘Medical Services’’, 
5
$30,000,000, to remain available until September 30, 
6
2022, for health services consisting of SARS–CoV–2 or 
7
COVID–19 related items and services as described in sec-
8
tion 6006(b) of division F of the Families First 
9
Coronavirus Response Act (or the administration of such 
10
products): Provided, That such amount is designated by 
11
the Congress as being for an emergency requirement pur-
12
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
13
and Emergency Deficit Control Act of 1985. 
14
MEDICAL COMMUNITY CARE 
15
For an additional amount for ‘‘Medical Community 
16
Care’’, $30,000,000, to remain available until September 
17
30, 2022, for health services consisting of SARS–CoV– 
18
2 or COVID–19 related items and services as described 
19
in section 6006(b) of division F of the Families First 
20
Coronavirus Response Act (or the administration of such 
21
products): Provided, That such amount is designated by 
22
the Congress as being for an emergency requirement pur-
23
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
24
and Emergency Deficit Control Act of 1985. 
25

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TITLE VII 
1
GENERAL PROVISIONS—THIS ACT 
2
SEC. 1701. Not later than 30 days after the date of 
3
enactment of this Act, the head of each executive agency 
4
that receives funding in this Act shall provide a report 
5
detailing the anticipated uses of all such funding to the 
6
Committees on Appropriations of the House of Represent-
7
atives and the Senate: Provided, That each report shall 
8
include estimated personnel and administrative costs, as 
9
well as the total amount of funding apportioned, allotted, 
10
obligated, and expended, to date: Provided further, That 
11
each such plan shall be updated and submitted to such 
12
Committees every 60 days until all funds are expended 
13
or expire. 
14
SEC. 1702. States and local governments receiving 
15
funds or assistance pursuant to this division shall ensure 
16
the respective State Emergency Operations Center re-
17
ceives regular and real-time reporting on aggregated data 
18
on testing and results from State and local public health 
19
departments, as determined by the Director of the Centers 
20
for Disease Control and Prevention, and that such data 
21
is transmitted to the Centers for Disease Control and Pre-
22
vention. 
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SEC. 1703. Each amount appropriated or made avail-
1
able by this Act is in addition to amounts otherwise appro-
2
priated for the fiscal year involved. 
3
SEC. 1704. No part of any appropriation contained 
4
in this Act shall remain available for obligation beyond 
5
the current fiscal year unless expressly so provided herein. 
6
SEC. 1705. Unless otherwise provided for by this Act, 
7
the additional amounts appropriated by this Act to appro-
8
priations accounts shall be available under the authorities 
9
and conditions applicable to such appropriations accounts 
10
for fiscal year 2020. 
11
SEC. 1706. Each amount designated in this Act by 
12
the Congress as being for an emergency requirement pur-
13
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
14
and Emergency Deficit Control Act of 1985 shall be avail-
15
able (or rescinded or transferred, if applicable) only if the 
16
President subsequently so designates all such amounts 
17
and transmits such designations to the Congress. 
18
SEC. 1707. Any amount appropriated by this Act, 
19
designated by the Congress as an emergency requirement 
20
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
21
et and Emergency Deficit Control Act of 1985 and subse-
22
quently so designated by the President, and transferred 
23
pursuant to transfer authorities provided by this Act shall 
24
retain such designation. 
25

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•HR 6201 EH
This division may be cited as the ‘‘Second 
1
Coronavirus Preparedness and Response Supplemental 
2
Appropriations Act, 2020’’. 
3
DIVISION B—NUTRITION 
4
WAIVERS 
5
TITLE I—MAINTAINING ESSEN-
6
TIAL ACCESS TO LUNCH FOR 
7
STUDENTS ACT 
8
SEC. 2101. SHORT TITLE. 
9
This title may be cited as the ‘‘Maintaining Essential 
10
Access to Lunch for Students Act’’ or the ‘‘MEALS Act’’. 
11
SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES 
12
DUE TO COVID–19. 
13
(a) IN GENERAL.—The requirements under section 
14
12(l)(1)(A)(iii) of the Richard B. Russell National School 
15
Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply 
16
to a qualified COVID–19 waiver. 
17
(b) ALLOWABLE INCREASE IN FEDERAL COSTS.— 
18
Notwithstanding paragraph (4) of section 12(l) of the 
19
Richard B. Russell National School Lunch Act (42 U.S.C. 
20
1760(l)), the Secretary of Agriculture may grant a quali-
21
fied COVID–19 waiver that increases Federal costs. 
22
(c) TERMINATION AFTER PERIODIC REVIEW.—The 
23
requirements under section 12(l)(5) of the Richard B. 
24

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•HR 6201 EH
Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) 
1
shall not apply to a qualified COVID–19 waiver. 
2
(d) QUALIFIED COVID–19 WAIVER.—In this sec-
3
tion, the term ‘‘qualified COVID–19 waiver’’ means a 
4
waiver— 
5
(1) requested by a State (as defined in section 
6
12(d)(8) of the Richard B. Russell National School 
7
Lunch Act (42 U.S.C. 1760(d)(8))) or eligible serv-
8
ice provider under section 12(l) of the Richard B. 
9
Russell National School Lunch Act (42 U.S.C. 
10
1760(l)); and 
11
(2) to waive any requirement under such Act 
12
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act 
13
of 1966 (42 U.S.C. 1771 et seq.), or any regulation 
14
issued under either such Act, for purposes of pro-
15
viding meals and meal supplements under such Acts 
16
during a school closure due to COVID–19. 
17
TITLE II—COVID—19 CHILD 
18
NUTRITION RESPONSE ACT 
19
SEC. 2201. SHORT TITLE. 
20
This title may be cited as the ‘‘COVID–19 Child Nu-
21
trition Response Act’’. 
22
SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
23
MENT WAIVERS ADDRESSING COVID–19. 
24
(a) NATIONWIDE WAIVER.— 
25

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•HR 6201 EH
(1) IN GENERAL.—Notwithstanding any other 
1
provision of law, the Secretary may establish a waiv-
2
er for all States under section 12(l) of the Richard 
3
B. Russell National School Lunch Act (42 U.S.C. 
4
1760(l)), for purposes of— 
5
(A) providing meals and meal supplements 
6
under a qualified program; and 
7
(B) carrying out subparagraph (A) with 
8
appropriate safety measures with respect to 
9
COVID–19, as determined by the Secretary. 
10
(2) STATE
ELECTION.—A waiver established 
11
under paragraph (1) shall— 
12
(A) notwithstanding paragraph (2) of sec-
13
tion 12(l) of the Richard B. Russell National 
14
School Lunch Act (42 U.S.C. 1760(l)), apply 
15
automatically to any State that elects to be sub-
16
ject to the waiver without further application; 
17
and 
18
(B) not be subject to the requirements 
19
under paragraph (3) of such section. 
20
(b) CHILD AND ADULT CARE FOOD PROGRAM WAIV-
21
ER.—Notwithstanding any other provision of law, the Sec-
22
retary may grant a waiver under section 12(l) of the Rich-
23
ard B. Russell National School Lunch Act (42 U.S.C. 
24
1760(l)) to allow non-congregate feeding under a child and 
25

18 
•HR 6201 EH
adult care food program under section 17 of the Richard 
1
B. Russell National School Lunch Act (42 U.S.C. 1766) 
2
if such waiver is for the purposes of— 
3
(1) providing meals and meal supplements 
4
under such child and adult care food program; and 
5
(2) carrying out paragraph (1) with appropriate 
6
safety measures with respect to COVID–19, as de-
7
termined by the Secretary. 
8
(c) MEAL
PATTERN
WAIVER.—Notwithstanding 
9
paragraph (4)(A) of section 12(l) of the Richard B. Rus-
10
sell National School Lunch Act (42 U.S.C. 1760(l)) the 
11
Secretary may grant a waiver under such section that re-
12
lates to the nutritional content of meals served if the Sec-
13
retary determines that— 
14
(1) such waiver is necessary to provide meals 
15
and meal supplements under a qualified program; 
16
and 
17
(2) there is a supply chain disruption with re-
18
spect to foods served under such a qualified program 
19
and such disruption is due to COVID–19. 
20
(d) REPORTS.—Each State that receives a waiver 
21
under subsection (a), (b), or (c), shall, not later than 1 
22
year after the date such State received such waiver, sub-
23
mit a report to the Secretary that includes the following: 
24

19 
•HR 6201 EH
(1) A summary of the use of such waiver by the 
1
State and eligible service providers. 
2
(2) A description of whether such waiver re-
3
sulted in improved services to children. 
4
(e) SUNSET.—The authority of the Secretary to es-
5
tablish or grant a waiver under this section shall expire 
6
on September 30, 2020. 
7
(f) DEFINITIONS.—In this section: 
8
(1) QUALIFIED PROGRAM.—The term ‘‘qualified 
9
program’’ means the following: 
10
(A) The school lunch program under the 
11
Richard B. Russell National School Lunch Act 
12
(42 U.S.C. 1751 et seq.). 
13
(B) The school breakfast program under 
14
section 4 of the Child Nutrition Act of 1966 
15
(42 U.S.C. 1773). 
16
(C) The child and adult care food program 
17
under section 17 of the Richard B. Russell Na-
18
tional School Lunch Act (42 U.S.C. 1766). 
19
(D) The summer food service program for 
20
children under section 13 of the Richard B. 
21
Russell National School Lunch Act (42 U.S.C. 
22
1761). 
23
(2) SECRETARY.—The term ‘‘Secretary’’ means 
24
the Secretary of Agriculture. 
25

20 
•HR 6201 EH
(3) STATE.—The term ‘‘State’’ has the mean-
1
ing given such term in section 12(d)(8) of the Rich-
2
ard B. Russell National School Lunch Act (42 
3
U.S.C. 1760(d)(8)). 
4
SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DUR-
5
ING 
CERTAIN 
PUBLIC 
HEALTH 
EMER-
6
GENCIES. 
7
(a) WAIVER AUTHORITY.— 
8
(1) IN GENERAL.—Notwithstanding any other 
9
provision of law, the Secretary may grant a request 
10
described in paragraph (2) to— 
11
(A) waive the requirement under section 
12
17(d)(3)(C)(i) of the Child Nutrition Act of 
13
1966 (42 U.S.C. 1786(d)(3)(C)(i)); and 
14
(B) defer anthropometric and bloodwork 
15
requirements necessary to determine nutritional 
16
risk. 
17
(2) REQUEST.—A request described in this 
18
paragraph is a request made to the Secretary by a 
19
State agency to waive, on behalf of the local agencies 
20
served by such State agency, the requirements de-
21
scribed in paragraph (1) during any portion of the 
22
emergency period (as defined in paragraph (1)(B) of 
23
section 1135(g) of the Social Security Act (42 
24

21 
•HR 6201 EH
U.S.C. 1320b-5(g)) (beginning on or after the date 
1
of the enactment of this section). 
2
(b) REPORTS.— 
3
(1) LOCAL
AGENCY
REPORTS.—Each local 
4
agency that uses a waiver pursuant to subsection (a) 
5
shall, not later than 1 year after the date such local 
6
agency uses such waiver, submit a report to the 
7
State agency serving such local agency that includes 
8
the following: 
9
(A) A summary of the use of such waiver 
10
by the local agency. 
11
(B) A description of whether such waiver 
12
resulted in improved services to women, infants, 
13
and children. 
14
(2) STATE
AGENCY
REPORTS.—Each State 
15
agency that receives a waiver under subsection (a) 
16
shall, not later than 18 months after the date such 
17
State agency received such waiver, submit a report 
18
to the Secretary that includes the following: 
19
(A) A summary of the reports received by 
20
the State agency under paragraph (1). 
21
(B) A description of whether such waiver 
22
resulted in improved services to women, infants, 
23
and children. 
24

22 
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(c) SUNSET.—The authority under this section shall 
1
expire on September 30, 2020. 
2
(d) DEFINITIONS.—In this section: 
3
(1) LOCAL AGENCY.—The term ‘‘local agency’’ 
4
has the meaning given the term in section 17(b) of 
5
the Child Nutrition Act of 1966 (42 U.S.C. 
6
1786(b)). 
7
(2) NUTRITIONAL RISK.—The term ‘‘nutritional 
8
risk’’ has the meaning given the term in section 
9
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 
10
1786(b)). 
11
(3) SECRETARY.—The term ‘‘Secretary’’ means 
12
the Secretary of Agriculture. 
13
(4) STATE AGENCY.— The term ‘‘State agency’’ 
14
has the meaning given the term in section 17(b) of 
15
the Child Nutrition Act of 1966 (42 U.S.C. 
16
1786(b)). 
17
SEC. 
2204. 
ADMINISTRATIVE 
REQUIREMENTS 
WAIVER 
18
UNDER WIC. 
19
(a) WAIVER AUTHORITY.— 
20
(1) IN GENERAL.—Notwithstanding any other 
21
provision of law, the Secretary of Agriculture may, 
22
if requested by a State agency (as defined in section 
23
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 
24

23 
•HR 6201 EH
1786(b)), modify or waive any qualified administra-
1
tive requirement with respect to such State agency. 
2
(2) QUALIFIED
ADMINISTRATIVE
REQUIRE-
3
MENT.—In this section, the term ‘‘qualified adminis-
4
trative requirement’’ means a regulatory require-
5
ment issued under section 17 of the Child Nutrition 
6
Act of 1966 (42 U.S.C. 1786) that the Secretary of 
7
Agriculture determines— 
8
(A) cannot be met by a State agency due 
9
to COVID–19; and 
10
(B) the modification or waiver of which is 
11
necessary to provide assistance under such sec-
12
tion. 
13
(b) STATE AGENCY REPORTS.—Each State agency 
14
that receives a waiver under subsection (a)(1) shall, not 
15
later than 1 year after the date such State agency received 
16
such waiver, submit a report to the Secretary of Agri-
17
culture that includes the following: 
18
(1) A summary of the use of such waiver by the 
19
State agency. 
20
(2) A description of whether such waiver re-
21
sulted in improved services to women, infants, and 
22
children. 
23
(c) SUNSET.—The authority under this section shall 
24
expire on September 30, 2020. 
25

24 
•HR 6201 EH
TITLE III—SNAP WAIVERS 
1
SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS 
2
WORKERS. 
3
(a) Beginning with the first month that begins after 
4
the enactment of this Act and for each subsequent month 
5
through the end of the month subsequent to the month 
6
a public health emergency declaration by the Secretary of 
7
Health and Human Services under section 319 of the Pub-
8
lic Health Service Act based on an outbreak of coronavirus 
9
disease 2019 (COVID–19) is lifted, eligibility for supple-
10
mental nutrition assistance program benefits shall not be 
11
limited under section 6(o)(2) of the Food and Nutrition 
12
Act of 2008 unless an individual does not comply with the 
13
requirements of a program offered by the State agency 
14
(as defined in section 3 of the Food and Nutrition Act 
15
of 2008) that meets the standards of subparagraphs (B) 
16
or (C) of such section 6(o)(2). 
17
(b) Beginning on the month subsequent to the month 
18
the public health emergency declaration by the Secretary 
19
of Health and Human Services under section 319 of the 
20
Public Health Service Act based on an outbreak of 
21
COVID–19 is lifted for purposes of section 6(o) of the 
22
Food and Nutrition Act of 2008, such State agency shall 
23
disregard any period during which an individual received 
24

25 
•HR 6201 EH
benefits under the supplemental nutrition assistance pro-
1
gram prior to such month. 
2
SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC 
3
HEALTH EMERGENCY. 
4
(a) In the event of a public health emergency declara-
5
tion by the Secretary of Health and Human Services 
6
under section 319 of the Public Health Service Act based 
7
on an outbreak of coronavirus disease 2019 (COVID–19) 
8
and the issuance of an emergency or disaster declaration 
9
by a State based on an outbreak of COVID–19, the Sec-
10
retary of Agriculture— 
11
(1) shall provide, at the request of a State 
12
agency (as defined in section 3 of the Food and Nu-
13
trition Act of 2008) that provides sufficient data (as 
14
determined by the Secretary through guidance) sup-
15
porting such request, for emergency allotments to 
16
households participating in the supplemental nutri-
17
tion assistance program under the Food and Nutri-
18
tion Act of 2008 to address temporary food needs 
19
not greater than the applicable maximum monthly 
20
allotment for the household size; and 
21
(2) may adjust, at the request of State agencies 
22
or by guidance in consultation with one or more 
23
State agencies, issuance methods and application 
24
and reporting requirements under the Food and Nu-
25

26 
•HR 6201 EH
trition Act of 2008 to be consistent with what is 
1
practicable under actual conditions in affected areas. 
2
(In making this adjustment, the Secretary shall con-
3
sider the availability of offices and personnel in 
4
State agencies, any conditions that make reliance on 
5
electronic benefit transfer systems described in sec-
6
tion 7(h) of the Food and Nutrition Act of 2008 im-
7
practicable, any disruptions of transportation and 
8
communication facilities, and any health consider-
9
ations that warrant alternative approaches.) 
10
(b) Not later than 10 days after the date of the re-
11
ceipt or issuance of each document listed in paragraphs 
12
(1), (2), or (3) of this subsection, the Secretary of Agri-
13
culture shall make publicly available on the website of the 
14
Department the following documents: 
15
(1) Any request submitted by State agencies 
16
under subsection (a). 
17
(2) The Secretary’s approval or denial of each 
18
such request. 
19
(3) Any guidance issued under subsection 
20
(a)(2). 
21
(c) The Secretary of Agriculture shall, within 18 
22
months after the public health emergency declaration de-
23
scribed in subsection (a) is lifted, submit a report to the 
24
House and Senate Agriculture Committees with a descrip-
25

27 
•HR 6201 EH
tion of the measures taken to address the food security 
1
needs of affected populations during the emergency, any 
2
information or data supporting State agency requests, any 
3
additional measures that States requested that were not 
4
approved, and recommendations for changes to the Sec-
5
retary’s authority under the Food and Nutrition Act of 
6
2008 to assist the Secretary and States and localities in 
7
preparations for any future health emergencies. 
8
DIVISION C—EMERGENCY FAM-
9
ILY AND MEDICAL LEAVE EX-
10
PANSION ACT 
11
SEC. 3101. SHORT TITLE. 
12
This Act may be cited as ‘‘Emergency Family and 
13
Medical Leave Expansion Act’’. 
14
SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL 
15
LEAVE ACT OF 1993. 
16
(a) PUBLIC HEALTH EMERGENCY LEAVE.— 
17
(1) IN
GENERAL.—Section 102(a)(1) of the 
18
Family and Medical Leave Act of 1993 (29 U.S.C. 
19
2612(a)(1)) is amended by adding at the end the 
20
following: 
21
‘‘(F) During the period beginning on the 
22
date the Emergency Family and Medical Leave 
23
Expansion Act takes effect, and ending on De-
24
cember 31, 2020, because of a qualifying need 
25

28 
•HR 6201 EH
related to a public health emergency in accord-
1
ance with section 110.’’. 
2
(2) 
PAID
LEAVE
REQUIREMENT.—Section 
3
102(c) of the Family and Medical Leave Act of 1993 
4
(29 U.S.C. 2612(c)) is amended by striking ‘‘under 
5
subsection (a)’’ and inserting ‘‘under subsection (a) 
6
(other than certain periods of leave under subsection 
7
(a)(1)(F))’’. 
8
(b) REQUIREMENTS.—Title I of the Family and Med-
9
ical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amend-
10
ed by adding at the end the following: 
11
‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. 
12
‘‘(a) DEFINITIONS.—The following shall apply with 
13
respect to leave under section 102(a)(1)(F): 
14
‘‘(1) APPLICATION OF CERTAIN TERMS.—The 
15
definitions in section 101 shall apply, except as fol-
16
lows: 
17
‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the 
18
definition 
in 
sections 
101(2)(A) 
and 
19
101(2)(B)(ii), the term ‘eligible employee’ 
20
means an employee who has been employed for 
21
at least 30 calendar days by the employer with 
22
respect to whom leave is requested under sec-
23
tion 102(a)(1)(F). 
24

29 
•HR 6201 EH
‘‘(B) 
EMPLOYER
THRESHOLD.—Section 
1
101(4)(A)(i) shall be applied by substituting 
2
‘fewer than 500 employees’ for ‘50 or more em-
3
ployees for each working day during each of 20 
4
or more calendar workweeks in the current or 
5
preceding calendar year’. 
6
‘‘(2) ADDITIONAL DEFINITIONS.—In addition to 
7
the definitions described in paragraph (1), the fol-
8
lowing definitions shall apply with respect to leave 
9
under section 102(a)(1)(F): 
10
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
11
PUBLIC
HEALTH
EMERGENCY.—The 
term 
12
‘qualifying need related to a public health emer-
13
gency’, with respect to leave, means the em-
14
ployee is unable to work (or telework) due to a 
15
need for leave to care for the son or daughter 
16
under 18 years of age of such employee if the 
17
school or place of care has been closed, or the 
18
child care provider of such son or daughter is 
19
unavailable, due to a public health emergency. 
20
‘‘(B) PUBLIC HEALTH EMERGENCY.—The 
21
term ‘public health emergency’ means an emer-
22
gency with respect to COVID-19 declared by a 
23
Federal, State, or local authority. 
24

30 
•HR 6201 EH
‘‘(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) SCHOOL.—The term ‘school’ means 
8
an ‘elementary school’ or ‘secondary school’ as 
9
such terms are defined in section 8101 of the 
10
Elementary and Secondary Education Act of 
11
1965 (20 U.S.C. 7801). 
12
‘‘(3) REGULATORY
AUTHORITIES.—The Sec-
13
retary of Labor shall have the authority to issue reg-
14
ulations for good cause under sections 553(b)(B) 
15
and 553(d)(A) of title 5, United States Code— 
16
‘‘(A) to exclude certain health care pro-
17
viders and emergency responders from the defi-
18
nition of eligible employee under section 
19
110(a)(1)(A); and 
20
‘‘(B) to exempt small businesses with fewer 
21
than 50 employees from the requirements of 
22
section 102(a)(1)(F) when the imposition of 
23
such requirements would jeopardize the viability 
24
of the business as a going concern. 
25

31 
•HR 6201 EH
‘‘(b) RELATIONSHIP TO PAID LEAVE.— 
1
‘‘(1) UNPAID LEAVE FOR INITIAL 10 DAYS.— 
2
‘‘(A) IN GENERAL.—The first 10 days for 
3
which an employee takes leave under section 
4
102(a)(1)(F) may consist of unpaid leave. 
5
‘‘(B) EMPLOYEE ELECTION.—An employee 
6
may elect to substitute any accrued vacation 
7
leave, personal leave, or medical or sick leave 
8
for unpaid leave under section 102(a)(1)(F) in 
9
accordance with section 102(d)(2)(B). 
10
‘‘(2) PAID LEAVE FOR SUBSEQUENT DAYS.— 
11
‘‘(A) IN
GENERAL.—An employer shall 
12
provide paid leave for each day of leave under 
13
section 102(a)(1)(F) that an employee takes 
14
after taking leave under such section for 10 
15
days. 
16
‘‘(B) CALCULATION.— 
17
‘‘(i) IN GENERAL.—Subject to clause 
18
(ii), paid leave under subparagraph (A) for 
19
an employee shall be calculated based on— 
20
‘‘(I) an amount that is not less 
21
than two-thirds of an employee’s reg-
22
ular rate of pay (as determined under 
23
section 7(e) of the Fair Labor Stand-
24

32 
•HR 6201 EH
ards Act of 1938 (29 U.S.C. 207(e)); 
1
and 
2
‘‘(II) the number of hours the 
3
employee would otherwise be normally 
4
scheduled to work (or the number of 
5
hours calculated under subparagraph 
6
(C)). 
7
‘‘(ii) CLARIFICATION.—In no event 
8
shall such paid leave exceed $200 per day 
9
and $10,000 in the aggregate. 
10
‘‘(C) VARYING
SCHEDULE
HOURS
CAL-
11
CULATION.—In the case of an employee whose 
12
schedule varies from week to week to such an 
13
extent that an employer is unable to determine 
14
with certainty the number of hours the em-
15
ployee would have worked if such employee had 
16
not taken leave under section 102(a)(1)(F), the 
17
employer shall use the following in place of such 
18
number: 
19
‘‘(i) Subject to clause (ii), a number 
20
equal to the average number of hours that 
21
the employee was scheduled per day over 
22
the 6-month period ending on the date on 
23
which the employee takes such leave, in-
24

33 
•HR 6201 EH
cluding hours for which the employee took 
1
leave of any type. 
2
‘‘(ii) If the employee did not work 
3
over such period, the reasonable expecta-
4
tion of the employee at the time of hiring 
5
of the average number of hours per day 
6
that the employee would normally be 
7
scheduled to work. 
8
‘‘(c) NOTICE.—In any case where the necessity for 
9
leave under section 102(a)(1)(F) for the purpose described 
10
in subsection (a)(2)(A)(iii) is foreseeable, an employee 
11
shall provide the employer with such notice of leave as is 
12
practicable. 
13
‘‘(d) RESTORATION TO POSITION.— 
14
‘‘(1) IN GENERAL.—Section 104(a)(1) shall not 
15
apply with respect to an employee of an employer 
16
who employs fewer than 25 employees if the condi-
17
tions described in paragraph (2) are met. 
18
‘‘(2) CONDITIONS.—The conditions described in 
19
this paragraph are the following: 
20
‘‘(A) The employee takes leave under sec-
21
tion 102(a)(1)(F). 
22
‘‘(B) The position held by the employee 
23
when the leave commenced does not exist due to 
24

34 
•HR 6201 EH
economic conditions or other changes in oper-
1
ating conditions of the employer— 
2
‘‘(i) that affect employment; and 
3
‘‘(ii) are caused by a public health 
4
emergency during the period of leave. 
5
‘‘(C) The employer makes reasonable ef-
6
forts to restore the employee to a position 
7
equivalent to the position the employee held 
8
when the leave commenced, with equivalent em-
9
ployment benefits, pay, and other terms and 
10
conditions of employment. 
11
‘‘(D) If the reasonable efforts of the em-
12
ployer under subparagraph (C) fail, the em-
13
ployer makes reasonable efforts during the pe-
14
riod described in paragraph (3) to contact the 
15
employee if an equivalent position described in 
16
subparagraph (C) becomes available. 
17
‘‘(3) CONTACT PERIOD.—The period described 
18
under this paragraph is the 1-year period beginning 
19
on the earlier of— 
20
‘‘(A) the date on which the qualifying need 
21
related to a public health emergency concludes; 
22
or 
23

35 
•HR 6201 EH
‘‘(B) the date that is 12 weeks after the 
1
date on which the employee’s leave under sec-
2
tion 102(a)(1)(F) commences.’’. 
3
SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BAR-
4
GAINING AGREEMENTS. 
5
(a) EMPLOYERS.—An employer signatory to a multi-
6
employer collective bargaining agreement may, consistent 
7
with its bargaining obligations and its collective bar-
8
gaining agreement, fulfill its obligations under section 
9
110(b)(2) of title I of the Family and Medical Leave Act 
10
of 1993, as added by the Families First Coronavirus Re-
11
sponse Act, by making contributions to a multiemployer 
12
fund, plan, or program based on the paid leave each of 
13
its employees is entitled to under such section while work-
14
ing under the multiemployer collective bargaining agree-
15
ment, provided that the fund, plan, or program enables 
16
employees to secure pay from such fund, plan, or program 
17
based on hours they have worked under the multiemployer 
18
collective bargaining agreement for paid leave taken under 
19
section 102(a)(1)(F) of title I of the Family and Medical 
20
Leave Act of 1993, as added by the Families First 
21
Coronavirus Response Act. 
22
(b) EMPLOYEES.—Employees who work under a mul-
23
tiemployer collective bargaining agreement into which 
24
their employers make contributions as provided in sub-
25

36 
•HR 6201 EH
section (a) may secure pay from such fund, plan, or pro-
1
gram based on hours they have worked under the multiem-
2
ployer collective bargaining agreement for paid leave taken 
3
under section 102(a)(1)(F) of title I of the Family and 
4
Medical Leave Act of 1993, as added by the Families First 
5
Coronavirus Response Act. 
6
SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. 
7
An employer under 110(a)(B) shall not be subject to 
8
section 107(a) for a violation of section 102(a)(1)(F) if 
9
the employer does not meet the definition of employer set 
10
forth in Section 101(4)(A)(i). 
11
SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS 
12
AND EMERGENCY RESPONDERS. 
13
An employer of an employee who is a health care pro-
14
vider or an emergency responder may elect to exclude such 
15
employee from the application of the provisions in the 
16
amendments made under of section 3102 of this Act. 
17
SEC. 3106. EFFECTIVE DATE. 
18
This Act shall take effect not later than 15 days after 
19
the date of enactment of this Act. 
20

37 
•HR 6201 EH
DIVISION 
D—EMERGENCY 
UN-
1
EMPLOYMENT 
INSURANCE 
2
STABILIZATION AND ACCESS 
3
ACT OF 2020 
4
SEC. 4101. SHORT TITLE. 
5
This division may be cited as the ‘‘Emergency Unem-
6
ployment Insurance Stabilization and Access Act of 
7
2020’’. 
8
SEC. 4102. 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, in accord-
19
ance with succeeding provisions of this subsection. 
20
‘‘(B) The amount of an emergency administration 
21
grant with respect to a State shall, as determined by the 
22
Secretary of Labor, be equal to the amount obtained by 
23
multiplying $1,000,000,000 by the same ratio as would 
24
apply under subsection (a)(2)(B) for purposes of deter-
25

38 
•HR 6201 EH
mining such State’s share of any excess amount (as de-
1
scribed in subsection (a)(1)) that would have been subject 
2
to transfer to State accounts, as of October 1, 2019, under 
3
the provisions of subsection (a). 
4
‘‘(C) Of the emergency administration grant deter-
5
mined under subparagraph (B) with respect to a State— 
6
‘‘(i) not later than 60 days after the date of en-
7
actment of this subsection, 50 percent shall be 
8
transferred to the account of such State upon a cer-
9
tification by the Secretary of Labor to the Secretary 
10
of the Treasury that the State meets the require-
11
ments of paragraph (2); and 
12
‘‘(ii) only with respect to a State in which the 
13
number of unemployment compensation claims has 
14
increased by at least 10 percent over the same quar-
15
ter in the previous calendar year, the remainder 
16
shall be transferred to the account of such State 
17
upon a certification by the Secretary of Labor to the 
18
Secretary of the Treasury that the State meets the 
19
requirements of paragraph (3). 
20
‘‘(2) The requirements of this paragraph with respect 
21
to a State are the following: 
22
‘‘(A) The State requires employers to provide 
23
notification of the availability of unemployment com-
24
pensation to employees at the time of separation 
25

39 
•HR 6201 EH
from employment. Such notification may be based 
1
on model notification language issued by the Sec-
2
retary of Labor. 
3
‘‘(B) The State ensures that applications for 
4
unemployment compensation, and assistance with 
5
the application process, are accessible in at least two 
6
of the following: in-person, by phone, or online. 
7
‘‘(C) The State notifies applicants when an ap-
8
plication is received and is being processed, and in 
9
any case in which an application is unable to be 
10
processed, provides information about steps the ap-
11
plicant can take to ensure the successful processing 
12
of the application. 
13
‘‘(3) The requirements of this paragraph with respect 
14
to a State are the following: 
15
‘‘(A) The State has expressed its commitment 
16
to maintain and strengthen access to the unemploy-
17
ment compensation system, including through initial 
18
and continued claims. 
19
‘‘(B) The State has demonstrated steps it has 
20
taken or will take to ease eligibility requirements 
21
and access to unemployment compensation for claim-
22
ants, including waiving work search requirements 
23
and the waiting week, and non-charging employers 
24
directly impacted by COVID–19 due to an illness in 
25

40 
•HR 6201 EH
the workplace or direction from a public health offi-
1
cial to isolate or quarantine workers. 
2
‘‘(4) Any amount transferred to the account of a 
3
State under this subsection may be used by such State 
4
only for the administration of its unemployment com-
5
pensation law, including by taking such steps as may be 
6
necessary to ensure adequate resources in periods of high 
7
demand. 
8
‘‘(5) Not later than 1 year after the date of enact-
9
ment of the Emergency Unemployment Insurance Sta-
10
bilization and Access Act of 2020, each State receiving 
11
emergency administration grant funding under paragraph 
12
(1)(C)(i) shall submit to the Secretary of Labor, the Com-
13
mittee on Ways and Means of the House of Representa-
14
tives, and the Committee on Finance of the Senate, a re-
15
port that includes— 
16
‘‘(A) an analysis of the recipiency rate for un-
17
employment compensation in the State as such rate 
18
has changed over time; 
19
‘‘(B) a description of steps the State intends to 
20
take to increase such recipiency rate. 
21
‘‘(6)(A) Notwithstanding any other provision of law, 
22
the Secretary of the Treasury shall transfer from the gen-
23
eral fund of the Treasury (from funds not otherwise ap-
24
propriated) to the employment security administration ac-
25

41 
•HR 6201 EH
count (as established by section 901 of the Social Security 
1
Act) such sums as the Secretary of Labor estimates to 
2
be necessary for purposes of making the transfers de-
3
scribed in paragraph (1)(C). 
4
‘‘(B) There are appropriated from the general fund 
5
of the Treasury, without fiscal year limitation, the sums 
6
referred to in the preceding sentence and such sums shall 
7
not be required to be repaid.’’. 
8
(b) EMERGENCY
FLEXIBILITY.—Notwithstanding 
9
any other law, if a State modifies its unemployment com-
10
pensation law and policies with respect to work search, 
11
waiting week, good cause, or employer experience rating 
12
on an emergency temporary basis as needed to respond 
13
to the spread of COVID–19, such modifications shall be 
14
disregarded for the purposes of applying section 303 of 
15
the Social Security Act and section 3304 of the Internal 
16
Revenue Code of 1986 to such State law. 
17
(c) REGULATIONS.—The Secretary of Labor may 
18
prescribe any regulations, operating instructions, or other 
19
guidance necessary to carry out the amendment made by 
20
subsection (a). 
21
SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH AD-
22
VANCES. 
23
Section 1202(b)(10)(A) of the Social Security Act 
24
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be-
25

42 
•HR 6201 EH
ginning on the date of enactment of this paragraph and 
1
ending on December 31, 2010’’ and inserting ‘‘beginning 
2
on the date of enactment of the Emergency Unemploy-
3
ment Insurance Stabilization and Access Act of 2020 and 
4
ending on December 31, 2020’’. 
5
SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR 
6
SHORT-TIME COMPENSATION PROGRAMS. 
7
The Secretary of Labor shall assist States in estab-
8
lishing, implementing, and improving the employer aware-
9
ness of short-time compensation programs (as defined in 
10
section 3306(v) of the Internal Revenue Code of 1986) 
11
to help avert layoffs, including by providing technical as-
12
sistance and guidance. 
13
SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEM-
14
PLOYMENT COMPENSATION FOR A LIMITED 
15
PERIOD. 
16
(a) IN GENERAL.—In the case of sharable extended 
17
compensation and sharable regular compensation paid for 
18
weeks of unemployment beginning after the date of the 
19
enactment of this section and before December 31, 2020 
20
(and only with respect to States that receive emergency 
21
administration grant funding under clauses (i) and (ii) of 
22
section 903(h)(1)(C) of the Social Security Act (42 U.S.C. 
23
1102(h)(1)(C))), section 204(a)(1) of the Federal-State 
24
Extended Unemployment Compensation Act of 1970 (26 
25

43 
•HR 6201 EH
U.S.C. 3304 note) shall be applied by substituting ‘‘100 
1
percent of’’ for ‘‘one-half of’’. 
2
(b) TEMPORARY FEDERAL MATCHING
FOR
THE 
3
FIRST WEEK
OF EXTENDED BENEFITS
FOR STATES 
4
WITH NO WAITING WEEK.—With respect to weeks of un-
5
employment beginning after the date of the enactment of 
6
this Act and ending on or before December 31, 2020, sub-
7
paragraph (B) of section 204(a)(2) of the Federal-State 
8
Extended Unemployment Compensation Act of 1970 (26 
9
U.S.C. 3304 note) shall not apply. 
10
(c) DEFINITIONS.—For purposes of this section— 
11
(1) the terms ‘‘sharable extended compensa-
12
tion’’ and ‘‘sharable regular compensation’’ have the 
13
respective meanings given such terms under section 
14
204 of the Federal-State Extended Unemployment 
15
Compensation Act of 1970; and 
16
(2) the term ‘‘week’’ has the meaning given 
17
such term under section 205 of the Federal-State 
18
Extended Unemployment Compensation Act of 
19
1970. 
20
(d) REGULATIONS.—The Secretary of Labor may 
21
prescribe any operating instructions or regulations nec-
22
essary to carry out this section. 
23

44 
•HR 6201 EH
DIVISION E—EMERGENCY PAID 
1
SICK LEAVE ACT 
2
SEC. 5101. SHORT TITLE. 
3
This Act may be cited as the ‘‘Emergency Paid Sick 
4
Leave Act’’. 
5
SEC. 5102. PAID SICK TIME REQUIREMENT. 
6
(a) IN GENERAL.—An employer shall provide to each 
7
employee employed by the employer paid sick time to the 
8
extent that the employee is unable to work (or telework) 
9
due to a need for leave because: 
10
(1) The employee is subject to a Federal, State, 
11
or local quarantine or isolation order related to 
12
COVID-19. 
13
(2) The employee has been advised by a health 
14
care provider to self-quarantine due to concerns re-
15
lated to COVID-19. 
16
(3) The employee is experiencing symptoms of 
17
COVID-19 and seeking a medical diagnosis. 
18
(4) The employee is caring for an individual 
19
who is subject to an order as described in subpara-
20
graph (1) or has been advised as described in para-
21
graph (2). 
22
(5) The employee is caring for a son or daugh-
23
ter of such employee if the school or place of care 
24
of the son or daughter has been closed, or the child 
25

45 
•HR 6201 EH
care provider of such son or daughter is unavailable, 
1
due to COVID-19 precautions. 
2
(6) The employee is experiencing any other sub-
3
stantially similar condition specified by the Secretary 
4
of Health and Human Services in consultation with 
5
the Secretary of the Treasury and the Secretary of 
6
Labor. 
7
Except that an employer of an employee who is a health 
8
care provider or an emergency responder may elect to ex-
9
clude such employee from the application of this sub-
10
section. 
11
(b) DURATION OF PAID SICK TIME.— 
12
(1) IN GENERAL.—An employee shall be enti-
13
tled to paid sick time for an amount of hours deter-
14
mined under paragraph (2). 
15
(2) AMOUNT OF HOURS.—The amount of hours 
16
of paid sick time to which an employee is entitled 
17
shall be as follows: 
18
(A) For full-time employees, 80 hours. 
19
(B) For part-time employees, a number of 
20
hours equal to the number of hours that such 
21
employee works, on average, over a 2-week pe-
22
riod. 
23
(3) CARRYOVER.—Paid sick time under this 
24
section shall not carry over from 1 year to the next. 
25

46 
•HR 6201 EH
(c) EMPLOYER’S
TERMINATION
OF
PAID
SICK 
1
TIME.—Paid sick time provided to an employee under this 
2
Act shall cease beginning with the employee’s next sched-
3
uled workshift immediately following the termination of 
4
the need for paid sick time under subsection (a). 
5
(d) PROHIBITION.—An employer may not require, as 
6
a condition of providing paid sick time under this Act, that 
7
the employee involved search for or find a replacement em-
8
ployee to cover the hours during which the employee is 
9
using paid sick time. 
10
(e) USE OF PAID SICK TIME.— 
11
(1) IN GENERAL.—The paid sick time under 
12
subsection (a) shall be available for immediate use 
13
by the employee for the purposes described in such 
14
subsection, regardless of how long the employee has 
15
been employed by an employer. 
16
(2) SEQUENCING.— 
17
(A) IN GENERAL.—An employee may first 
18
use the paid sick time under subsection (a) for 
19
the purposes described in such subsection. 
20
(B) PROHIBITION.—An employer may not 
21
require an employee to use other paid leave pro-
22
vided by the employer to the employee before 
23
the employee uses the paid sick time under sub-
24
section (a). 
25

47 
•HR 6201 EH
SEC. 5103. NOTICE. 
1
(a) IN GENERAL.—Each employer shall post and 
2
keep posted, in conspicuous places on the premises of the 
3
employer where notices to employees are customarily post-
4
ed, a notice, to be prepared or approved by the Secretary 
5
of Labor, of the requirements described in this Act. 
6
(b) MODEL NOTICE.—Not later than 7 days after the 
7
date of enactment of this Act, the Secretary of Labor shall 
8
make publicly available a model of a notice that meets the 
9
requirements of subsection (a). 
10
SEC. 5104. PROHIBITED ACTS. 
11
It shall be unlawful for any employer to discharge, 
12
discipline, or in any other manner discriminate against 
13
any employee who— 
14
(1) takes leave in accordance with this Act; and 
15
(2) has filed any complaint or instituted or 
16
caused to be instituted any proceeding under or re-
17
lated to this Act (including a proceeding that seeks 
18
enforcement of this Act), or has testified or is about 
19
to testify in any such proceeding. 
20
SEC. 5105. ENFORCEMENT. 
21
(a) UNPAID SICK LEAVE.—An employer who violates 
22
section 5102 shall— 
23
(1) be considered to have failed to pay min-
24
imum wages in violation of section 6 of the Fair 
25
Labor Standards Act of 1938 (29 U.S.C. 206); and 
26

48 
•HR 6201 EH
(2) be subject to the penalties described in sec-
1
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
2
with respect to such violation. 
3
(b) UNLAWFUL TERMINATION.—An employer who 
4
willfully violates section 5104 shall— 
5
(1) be considered to be in violation of section 
6
15(a)(3) of the Fair Labor Standards Act of 1938 
7
(29 U.S.C. 215(a)(3)); and 
8
(2) be subject to the penalties described in sec-
9
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
10
with respect to such violation. 
11
SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BAR-
12
GAINING AGREEMENTS. 
13
(a) EMPLOYERS.—An employer signatory to a multi-
14
employer collective bargaining agreement may, consistent 
15
with its bargaining obligations and its collective bar-
16
gaining agreement, fulfill its obligations under this Act by 
17
making contributions to a multiemployer fund, plan, or 
18
program based on the hours of paid sick time each of its 
19
employees is entitled to under this Act while working 
20
under the multiemployer collective bargaining agreement, 
21
provided that the fund, plan, or program enables employ-
22
ees to secure pay from such fund, plan, or program based 
23
on hours they have worked under the multiemployer collec-
24

49 
•HR 6201 EH
tive bargaining agreement and for the uses specified under 
1
section 5102(a). 
2
(b) EMPLOYEES.—Employees who work under a mul-
3
tiemployer collective bargaining agreement into which 
4
their employers make contributions as provided in sub-
5
section (a) may secure pay from such fund, plan, or pro-
6
gram based on hours they have worked under the multiem-
7
ployer collective bargaining agreement for the uses speci-
8
fied in section 5102(a). 
9
SEC. 5107. RULES OF CONSTRUCTION. 
10
Nothing in this Act shall be construed— 
11
(1) to in any way diminish the rights or bene-
12
fits that an employee is entitled to under any— 
13
(A) other Federal, State, or local law; 
14
(B) collective bargaining agreement; or 
15
(C) existing employer policy; or 
16
(2) to require financial or other reimbursement 
17
to an employee from an employer upon the employ-
18
ee’s termination, resignation, retirement, or other 
19
separation from employment for paid sick time 
20
under this Act that has not been used by such em-
21
ployee. 
22

50 
•HR 6201 EH
SEC. 5108. EFFECTIVE DATE. 
1
This Act, and the requirements under this Act, shall 
2
take effect not later than 15 days after the date of enact-
3
ment of this Act. 
4
SEC. 5109. SUNSET. 
5
This Act, and the requirements under this Act, shall 
6
expire on December 31, 2020. 
7
SEC. 5110. DEFINITIONS. 
8
For purposes of the Act: 
9
(1) EMPLOYEE.—The terms ‘‘employee’’ means 
10
an individual who is— 
11
(A)(i) an employee, as defined in section 
12
3(e) of the Fair Labor Standards Act of 1938 
13
(29 U.S.C. 203(e)), who is not covered under 
14
subparagraph (E) or (F), including such an em-
15
ployee of the Library of Congress, except that 
16
a reference in such section to an employer shall 
17
be considered to be a reference to an employer 
18
described in clauses (i)(I) and (ii) of paragraph 
19
(5)(A); or 
20
(ii) an employee of the Government Ac-
21
countability Office; 
22
(B) a State employee described in section 
23
304(a) of the Government Employee Rights Act 
24
of 1991 (42 U.S.C. 2000e–16c(a)); 
25

51 
•HR 6201 EH
(C) a covered employee, as defined in sec-
1
tion 101 of the Congressional Accountability 
2
Act of 1995 (2 U.S.C. 1301), other than an ap-
3
plicant for employment; 
4
(D) a covered employee, as defined in sec-
5
tion 411(c) of title 3, United States Code; 
6
(E) a Federal officer or employee covered 
7
under subchapter V of chapter 63 of title 5, 
8
United States Code; or 
9
(F) any other individual occupying a posi-
10
tion in the civil service (as that term is defined 
11
in section 2101(1) of title 5, United States 
12
Code). 
13
(2) EMPLOYER.— 
14
(A) IN GENERAL.—The term ‘‘employer’’ 
15
means a person who is— 
16
(i)(I) a covered employer, as defined 
17
in subparagraph (B), who is not covered 
18
under subclause (V); 
19
(II) an entity employing a State em-
20
ployee described in section 304(a) of the 
21
Government Employee Rights Act of 1991; 
22
(III) an employing office, as defined 
23
in section 101 of the Congressional Ac-
24
countability Act of 1995; 
25

52 
•HR 6201 EH
(IV) an employing office, as defined in 
1
section 411(c) of title 3, United States 
2
Code; or 
3
(V) an Executive Agency as defined in 
4
section 105 of title 5, United States Code, 
5
and including the U.S. Postal Service and 
6
the Postal Regulatory Commission; and 
7
(ii) engaged in commerce (including 
8
government), or an industry or activity af-
9
fecting commerce (including government), 
10
as defined in subparagraph (B)(iii). 
11
(B) COVERED EMPLOYER.— 
12
(i) IN
GENERAL.—In subparagraph 
13
(A)(i)(I), the term ‘‘covered employer’’— 
14
(I) means any person engaged in 
15
commerce or in any industry or activ-
16
ity affecting commerce that— 
17
(aa) in the case of a private 
18
entity 
or 
individual, 
employs 
19
fewer than 500 employees; and 
20
(bb) in the case of a public 
21
agency or any other entity that is 
22
not a private entity or individual, 
23
employs 1 or more employees; 
24
(II) includes— 
25

53 
•HR 6201 EH
(aa) includes any person act-
1
ing directly or indirectly in the 
2
interest of an employer in rela-
3
tion to an employee (within the 
4
meaning of such phrase in sec-
5
tion 3(d) of the Fair Labor 
6
Standards Act of 1938 (29 
7
U.S.C. 203(d)); and 
8
(bb) any successor in inter-
9
est of an employer; 
10
(III) includes any ‘‘public agen-
11
cy’’, as defined in section 3(x) of the 
12
Fair Labor Standards Act of 1938 
13
(29 U.S.C. 203(x)); and 
14
(IV) includes the Government 
15
Accountability Office and the Library 
16
of Congress. 
17
(ii) PUBLIC
AGENCY.—For purposes 
18
of clause (i)(IV), a public agency shall be 
19
considered to be a person engaged in com-
20
merce or in an industry or activity affect-
21
ing commerce. 
22
(iii) DEFINITIONS.—For purposes of 
23
this subparagraph: 
24

54 
•HR 6201 EH
(I) 
COMMERCE.—The 
terms 
1
‘‘commerce’’ and ‘‘industry or activity 
2
affecting commerce’’ means any activ-
3
ity, business, or industry in commerce 
4
or in which a labor dispute would 
5
hinder or obstruct commerce or the 
6
free flow of commerce, and include 
7
‘‘commerce’’ and any ‘‘industry affect-
8
ing commerce’’, as defined in para-
9
graphs (1) and (3) of section 501 of 
10
the Labor Management Relations Act 
11
of 1947 (29 U.S.C. 142 (1) and (3)). 
12
(II) EMPLOYEE.—The term ‘‘em-
13
ployee’’ has the same meaning given 
14
such term in section 3(e) of the Fair 
15
Labor Standards Act of 1938 (29 
16
U.S.C. 203(e)). 
17
(III) PERSON.—The term ‘‘per-
18
son’’ has the same meaning given 
19
such term in section 3(a) of the Fair 
20
Labor Standards Act of 1938 (29 
21
U.S.C. 203(a)). 
22
(3) FLSA TERMS.—The terms ‘‘employ’’ and 
23
‘‘State’’ have the meanings given such terms in sec-
24

55 
•HR 6201 EH
tion 3 of the Fair Labor Standards Act of 1938 (29 
1
U.S.C. 203). 
2
(4) FMLA TERMS.—The terms ‘‘health care 
3
provider’’ and ‘‘son or daughter’’ have the meanings 
4
given such terms in section 101 of the Family and 
5
Medical Leave Act of 1993 (29 U.S.C. 2611). 
6
(5) PAID SICK TIME.— 
7
(A) IN
GENERAL.—The term ‘‘paid sick 
8
time’’ means an increment of compensated leave 
9
that— 
10
(i) is provided by an employer for use 
11
during an absence from employment for a 
12
reason described in any paragraph of sec-
13
tion 2(a); and 
14
(ii) is calculated based on the employ-
15
ee’s required compensation under subpara-
16
graph (B) and the number of hours the 
17
employee would otherwise be normally 
18
scheduled to work (or the number of hours 
19
calculated under subparagraph (C)), except 
20
that in no event shall such paid sick time 
21
exceed— 
22
(I) $511 per day and $5,110 in 
23
the aggregate for a use described in 
24

56 
•HR 6201 EH
paragraph (1), (2), or (3) of section 
1
5102(a); and 
2
(II) $200 per day and $2,000 in 
3
the aggregate for a use described in 
4
paragraph (4), (5), or (6) of section 
5
5102(a). 
6
(B) REQUIRED COMPENSATION.— 
7
(i) IN GENERAL.—Subject to subpara-
8
graph (A)(ii), the employee’s required com-
9
pensation under this subparagraph shall be 
10
not less than the greater of the following: 
11
(I) The employee’s regular rate 
12
of pay (as determined under section 
13
7(e) of the Fair Labor Standards Act 
14
of 1938 (29 U.S.C. 207(e)). 
15
(II) The minimum wage rate in 
16
effect under section 6(a)(1) of the 
17
Fair Labor Standards Act of 1938 
18
(29 U.S.C. 206(a)(1)). 
19
(III) The minimum wage rate in 
20
effect for such employee in the appli-
21
cable State or locality, whichever is 
22
greater, in which the employee is em-
23
ployed. 
24

57 
•HR 6201 EH
(ii) SPECIAL RULE FOR CARE OF FAM-
1
ILY MEMBERS.—Subject to subparagraph 
2
(A)(ii), with respect to any paid sick time 
3
provided for any use described in para-
4
graph (4), (5), or (6) of section 5102(a), 
5
the 
employee’s 
required 
compensation 
6
under this subparagraph shall be two- 
7
thirds of the amount described in clause 
8
(B)(i). 
9
(C) VARYING SCHEDULE HOURS CALCULA-
10
TION.—In the case of a part-time employee de-
11
scribed in section 5102(b)(2)(B) whose schedule 
12
varies from week to week to such an extent that 
13
an employer is unable to determine with cer-
14
tainty the number of hours the employee would 
15
have worked if such employee had not taken 
16
paid sick time under section 2(a), the employer 
17
shall use the following in place of such number: 
18
(i) Subject to clause (ii), a number 
19
equal to the average number of hours that 
20
the employee was scheduled per day over 
21
the 6-month period ending on the date on 
22
which the employee takes the paid sick 
23
time, including hours for which the em-
24
ployee took leave of any type. 
25

58 
•HR 6201 EH
(ii) If the employee did not work over 
1
such period, the reasonable expectation of 
2
the employee at the time of hiring of the 
3
average number of hours per day that the 
4
employee would normally be scheduled to 
5
work. 
6
(D) GUIDELINES.—Not later than 15 days 
7
after the date of the enactment of this Act, the 
8
Secretary of Labor shall issue guidelines to as-
9
sist employers in calculating the amount of paid 
10
sick time under subparagraph (A). 
11
(E) REASONABLE NOTICE.—After the first 
12
workday (or portion thereof) an employee re-
13
ceives paid sick time under this Act, an em-
14
ployer may require the employee to follow rea-
15
sonable notice procedures in order to continue 
16
receiving such paid sick time. 
17
SEC. 5111. REGULATORY AUTHORITIES. 
18
The Secretary of Labor shall have the authority to 
19
issue regulations for good cause under sections 553(b)(B) 
20
and 553(d)(A) of title 5, United States Code— 
21
(1) to exclude certain health care providers and 
22
emergency responders from the definition of em-
23
ployee under section 5110(1) including by allowing 
24

59 
•HR 6201 EH
the employer of such health care providers and 
1
emergency responders to opt out; 
2
(2) to exempt small businesses with fewer than 
3
50 employees from the requirements of section 
4
5102(a)(5) when the imposition of such require-
5
ments would jeopardize the viability of the business 
6
as a going concern; and 
7
(3) as necessary, to carry out the purposes of 
8
this Act, including to ensure consistency between 
9
this Act and Division C and Division G of the Fami-
10
lies First Coronavirus Response Act. 
11
DIVISION F—HEALTH 
12
PROVISIONS 
13
SEC. 6001. COVERAGE OF TESTING FOR COVID–19. 
14
(a) IN GENERAL.—A group health plan and a health 
15
insurance issuer offering group or individual health insur-
16
ance coverage (including a grandfathered health plan (as 
17
defined in section 1251(e) of the Patient Protection and 
18
Affordable Care Act)) shall provide coverage, and shall not 
19
impose any cost sharing (including deductibles, copay-
20
ments, and coinsurance) requirements or prior authoriza-
21
tion or other medical management requirements, for the 
22
following items and services furnished during any portion 
23
of the emergency period defined in paragraph (1)(B) of 
24
section 1135(g) of the Social Security Act (42 U.S.C. 
25

60 
•HR 6201 EH
1320b–5(g)) beginning on or after the date of the enact-
1
ment of this Act: 
2
(1) In vitro diagnostic products (as defined in 
3
section 809.3(a) of title 21, Code of Federal Regula-
4
tions) for the detection of SARS–CoV–2 or the diag-
5
nosis of the virus that causes COVID–19 that are 
6
approved, cleared, or authorized under section 
7
510(k), 513, 515 or 564 of the Federal Food, Drug, 
8
and Cosmetic Act, and the administration of such in 
9
vitro diagnostic products. 
10
(2) Items and services furnished to an indi-
11
vidual during health care provider office visits 
12
(which term in this paragraph includes in-person vis-
13
its and telehealth visits), urgent care center visits, 
14
and emergency room visits that result in an order 
15
for or administration of an in vitro diagnostic prod-
16
uct described in paragraph (1), but only to the ex-
17
tent such items and services relate to the furnishing 
18
or administration of such product or to the evalua-
19
tion of such individual for purposes of determining 
20
the need of such individual for such product. 
21
(b) ENFORCEMENT.—The provisions of subsection 
22
(a) shall be applied by the Secretary of Health and Human 
23
Services, Secretary of Labor, and Secretary of the Treas-
24
ury to group health plans and health insurance issuers of-
25

61 
•HR 6201 EH
fering group or individual health insurance coverage as if 
1
included in the provisions of part A of title XXVII of the 
2
Public Health Service Act, part 7 of the Employee Retire-
3
ment Income Security Act of 1974, and subchapter B of 
4
chapter 100 of the Internal Revenue Code of 1986, as ap-
5
plicable. 
6
(c) IMPLEMENTATION.—The Secretary of Health and 
7
Human Services, Secretary of Labor, and Secretary of the 
8
Treasury may implement the provisions of this section 
9
through sub-regulatory guidance, program instruction or 
10
otherwise. 
11
(d) TERMS.—The terms ‘‘group health plan’’; ‘‘health 
12
insurance issuer’’; ‘‘group health insurance coverage’’, and 
13
‘‘individual health insurance coverage’’ have the meanings 
14
given such terms in section 2791 of the Public Health 
15
Service Act (42 U.S.C. 300gg–91), section 733 of the Em-
16
ployee Retirement Income Security Act of 1974 (29 
17
U.S.C. 1191b), and section 9832 of the Internal Revenue 
18
Code of 1986, as applicable. 
19
SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE 
20
PROGRAM FOR CERTAIN VISITS RELATING 
21
TO TESTING FOR COVID–19. 
22
(a) IN GENERAL.—Section 1833 of the Social Secu-
23
rity Act (42 U.S.C. 1395l) is amended— 
24
(1) in subsection (a)(1)— 
25

62 
•HR 6201 EH
(A) by striking ‘‘and’’ before ‘‘(CC)’’; and 
1
(B) by inserting before the period at the 
2
end the following: ‘‘, and (DD) with respect to 
3
a specified COVID–19 testing-related service 
4
described in paragraph (1) of subsection (cc) 
5
for which payment may be made under a speci-
6
fied outpatient payment provision described in 
7
paragraph (2) of such subsection, the amounts 
8
paid shall be 100 percent of the payment 
9
amount otherwise recognized under such respec-
10
tive specified outpatient payment provision for 
11
such service,’’; 
12
(2) in subsection (b), in the first sentence— 
13
(A) by striking ‘‘and’’ before ‘‘(10)’’; and 
14
(B) by inserting before the period at the 
15
end the following: ‘‘, and (11) such deductible 
16
shall not apply with respect to any specified 
17
COVID–19 testing-related service described in 
18
paragraph (1) of subsection (cc) for which pay-
19
ment may be made under a specified outpatient 
20
payment provision described in paragraph (2) 
21
of such subsection’’; and 
22
(3) by adding at the end the following new sub-
23
section: 
24

63 
•HR 6201 EH
‘‘(cc) SPECIFIED
COVID–19 TESTING-RELATED 
1
SERVICES.—For purposes of subsection (a)(1)(DD): 
2
‘‘(1) DESCRIPTION.— 
3
‘‘(A) IN GENERAL.—A specified COVID– 
4
19 testing-related service described in this para-
5
graph is a medical visit that— 
6
‘‘(i) is in any of the categories of 
7
HCPCS evaluation and management serv-
8
ice codes described in subparagraph (B); 
9
‘‘(ii) is furnished during any portion 
10
of the emergency period (as defined in sec-
11
tion 1135(g)(1)(B)) (beginning on or after 
12
the date of enactment of this subsection); 
13
‘‘(iii) results in an order for or admin-
14
istration of a clinical diagnostic laboratory 
15
test 
described 
in 
section 
16
1852(a)(1)(B)(iv)(IV); and 
17
‘‘(iv) relates to the furnishing or ad-
18
ministration of such test or to the evalua-
19
tion of such individual for purposes of de-
20
termining the need of such individual for 
21
such test. 
22
‘‘(B) CATEGORIES OF HCPCS CODES.—For 
23
purposes of subparagraph (A), the categories of 
24

64 
•HR 6201 EH
HCPCS evaluation and management services 
1
codes are the following: 
2
‘‘(i) Office and other outpatient serv-
3
ices. 
4
‘‘(ii) Hospital observation services. 
5
‘‘(iii) Emergency department services. 
6
‘‘(iv) Nursing facility services. 
7
‘‘(v) Domiciliary, rest home, or custo-
8
dial care services. 
9
‘‘(vi) Home services. 
10
‘‘(vii) Online digital evaluation and 
11
management services. 
12
‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
13
SION.—A specified outpatient payment provision de-
14
scribed in this paragraph is any of the following: 
15
‘‘(A) The hospital outpatient prospective 
16
payment system under subsection (t). 
17
‘‘(B) The physician fee schedule under sec-
18
tion 1848. 
19
‘‘(C) The prospective payment system de-
20
veloped under section 1834(o). 
21
‘‘(D) Section 1834(g), with respect to an 
22
outpatient critical access hospital service. 
23

65 
•HR 6201 EH
‘‘(E) The payment basis determined in 
1
regulations pursuant to section 1833(a)(3) for 
2
rural health clinic services.’’. 
3
(b) CLAIMS MODIFIER.—The Secretary of Health 
4
and Human Services shall provide for an appropriate 
5
modifier (or other identifier) to include on claims to iden-
6
tify, for purposes of subparagraph (DD) of section 
7
1833(a)(1), as added by subsection (a), specified COVID– 
8
19 testing-related services described in paragraph (1) of 
9
section 1833(cc) of the Social Security Act, as added by 
10
subsection (a), for which payment may be made under a 
11
specified outpatient payment provision described in para-
12
graph (2) of such subsection. 
13
(c) IMPLEMENTATION.—Notwithstanding any other 
14
provision of law, the Secretary of Health and Human 
15
Services may implement the provisions of, including 
16
amendments made by, this section through program in-
17
struction or otherwise. 
18
SECTION 6003. COVERAGE OF TESTING FOR COVID–19 AT 
19
NO COST SHARING UNDER THE MEDICARE 
20
ADVANTAGE PROGRAM. 
21
(a) IN GENERAL.—Section 1852(a)(1)(B) of the So-
22
cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 
23
amended— 
24
(1) in clause (iv)— 
25

66 
•HR 6201 EH
(A) by redesignating subclause (IV) as 
1
subclause (VI); and 
2
(B) by inserting after subclause (III) the 
3
following new subclauses: 
4
‘‘(IV) Clinical diagnostic labora-
5
tory test administered during any por-
6
tion of the emergency period defined 
7
in 
paragraph 
(1)(B) 
of 
section 
8
1135(g) beginning on or after the 
9
date of the enactment of the Families 
10
First Coronavirus Response Act for 
11
the detection of SARS–CoV–2 or the 
12
diagnosis of the virus that causes 
13
COVID–19 and the administration of 
14
such test. 
15
‘‘(V) Specified COVID–19 test-
16
ing-related services (as described in 
17
section 1833(cc)(1)) for which pay-
18
ment would be payable under a speci-
19
fied outpatient payment provision de-
20
scribed in section 1833(cc)(2).’’; 
21
(2) in clause (v), by inserting ‘‘, other than sub-
22
clauses (IV) and (V) of such clause,’’ after ‘‘clause 
23
(iv)’’; and 
24

67 
•HR 6201 EH
(3) by adding at the end the following new 
1
clause: 
2
‘‘(vi) PROHIBITION
OF
APPLICATION 
3
OF CERTAIN REQUIREMENTS FOR COVID–19 
4
TESTING.—In the case of a product or 
5
service described in subclause (IV) or (V), 
6
respectively, of clause (iv) that is adminis-
7
tered or furnished during any portion of 
8
the emergency period described in such 
9
subclause beginning on or after the date of 
10
the enactment of this clause, an MA plan 
11
may not impose any prior authorization or 
12
other utilization management requirements 
13
with respect to the coverage of such a 
14
product or service under such plan.’’. 
15
(b) IMPLEMENTATION.—Notwithstanding any other 
16
provision of law, the Secretary of Health and Human 
17
Services may implement the amendments made by this 
18
section by program instruction or otherwise. 
19
SECTION 6004. COVERAGE AT NO COST SHARING OF 
20
COVID–19 TESTING UNDER MEDICAID AND 
21
CHIP. 
22
(a) MEDICAID.— 
23

68 
•HR 6201 EH
(1) IN GENERAL.—Section 1905(a)(3) of the 
1
Social Security Act (42 U.S.C. 1396d(a)(3)) is 
2
amended— 
3
(A) by striking ‘‘other laboratory’’ and in-
4
serting ‘‘(A) other laboratory’’; 
5
(B) by inserting ‘‘and’’ after the semicolon; 
6
and 
7
(C) by adding at the end the following new 
8
subparagraph: 
9
‘‘(B) in vitro diagnostic products (as defined in 
10
section 809.3(a) of title 21, Code of Federal Regula-
11
tions) administered during any portion of the emer-
12
gency period defined in paragraph (1)(B) of section 
13
1135(g) beginning on or after the date of the enact-
14
ment of this subparagraph for the detection of 
15
SARS–CoV–2 or the diagnosis of the virus that 
16
causes COVID–19 that are approved, cleared, or au-
17
thorized under section 510(k), 513, 515 or 564 of 
18
the Federal Food, Drug, and Cosmetic Act, and the 
19
administration of such in vitro diagnostic products;’’. 
20
(2) NO COST SHARING.— 
21
(A) IN GENERAL.—Subsections (a)(2) and 
22
(b)(2) of section 1916 of the Social Security 
23
Act (42 U.S.C. 1396o) are each amended— 
24

69 
•HR 6201 EH
(i) in subparagraph (D), by striking 
1
‘‘or’’ at the end; 
2
(ii) in subparagraph (E), by striking 
3
‘‘; and’’ and inserting a comma; and 
4
(iii) by adding at the end the fol-
5
lowing new subparagraphs: 
6
‘‘(F) any in vitro diagnostic product de-
7
scribed in section 1905(a)(3)(B) that is admin-
8
istered during any portion of the emergency pe-
9
riod described in such section beginning on or 
10
after the date of the enactment of this subpara-
11
graph (and the administration of such product), 
12
or 
13
‘‘(G) COVID–19 testing-related services 
14
for which payment may be made under the 
15
State plan; and’’. 
16
(B) APPLICATION TO ALTERNATIVE COST 
17
SHARING.—Section 1916A(b)(3)(B) of the So-
18
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
19
is amended by adding at the end the following 
20
new clause: 
21
‘‘(xi) Any in vitro diagnostic product 
22
described in section 1905(a)(3)(B) that is 
23
administered during any portion of the 
24
emergency period described in such section 
25

70 
•HR 6201 EH
beginning on or after the date of the enact-
1
ment of this clause (and the administration 
2
of such product) and any visit described in 
3
section 1916(a)(2)(G) that is furnished 
4
during any such portion.’’. 
5
(C) 
CLARIFICATION.—The 
amendments 
6
made this paragraph shall apply with respect to 
7
a State plan of a territory in the same manner 
8
as a State plan of one of the 50 States. 
9
(3) STATE OPTION TO PROVIDE COVERAGE FOR 
10
UNINSURED INDIVIDUALS.— 
11
(A) IN GENERAL.—Section 1902(a)(10) of 
12
the 
Social 
Security 
Act 
(42 
U.S.C. 
13
1396a(a)(10)) is amended— 
14
(i) in subparagraph (A)(ii)— 
15
(I) in subclause (XXI), by strik-
16
ing ‘‘or’’ at the end; 
17
(II) in subclause (XXII), by add-
18
ing ‘‘or’’ at the end; and 
19
(III) by adding at the end the 
20
following new subclause: 
21
‘‘(XXIII) during any portion of 
22
the emergency period defined in para-
23
graph (1)(B) of section 1135(g) be-
24
ginning on or after the date of the en-
25

71 
•HR 6201 EH
actment of this subclause, who are un-
1
insured individuals (as defined in sub-
2
section (ss));’’; and 
3
(ii) in the matter following subpara-
4
graph (G)— 
5
(I) by striking ‘‘and (XVII)’’ and 
6
inserting ‘‘, (XVII)’’; and 
7
(II) by inserting after ‘‘instead of 
8
through subclause (VIII)’’ the fol-
9
lowing: ‘‘, and (XVIII) the medical as-
10
sistance made available to an unin-
11
sured individual (as defined in sub-
12
section (ss)) who is eligible for med-
13
ical assistance only because of sub-
14
paragraph (A)(ii)(XXIII) shall be lim-
15
ited to medical assistance for any in 
16
vitro diagnostic product described in 
17
section 1905(a)(3)(B) that is adminis-
18
tered during any portion of the emer-
19
gency period described in such section 
20
beginning on or after the date of the 
21
enactment of this subclause (and the 
22
administration of such product) and 
23
any 
visit 
described 
in 
section 
24

72 
•HR 6201 EH
1916(a)(2)(G) that is furnished dur-
1
ing any such portion’’. 
2
(B) RECEIPT AND INITIAL PROCESSING OF 
3
APPLICATIONS
AT
CERTAIN
LOCATIONS.—Sec-
4
tion 1902(a)(55) of the Social Security Act (42 
5
U.S.C. 1396a(a)(55)) is amended, in the matter 
6
preceding subparagraph (A), by striking ‘‘or 
7
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
8
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
9
(C) UNINSURED INDIVIDUAL DEFINED.— 
10
Section 1902 of the Social Security Act (42 
11
U.S.C. 1396a) is amended by adding at the end 
12
the following new subsection: 
13
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
14
poses of this section, the term ‘uninsured individual’ 
15
means, notwithstanding any other provision of this title, 
16
any individual who is— 
17
‘‘(1) not described in subsection (a)(10)(A)(i); 
18
and 
19
‘‘(2) not enrolled in a Federal health care pro-
20
gram (as defined in section 1128B(f)), a group 
21
health plan, group or individual health insurance 
22
coverage offered by a health insurance issuer (as 
23
such terms are defined in section 2791 of the Public 
24

73 
•HR 6201 EH
Health Service Act), or a health plan offered under 
1
chapter 89 of title 5, United States Code.’’. 
2
(D) FEDERAL MEDICAL ASSISTANCE PER-
3
CENTAGE.—Section 1905(b) of the Social Secu-
4
rity Act (42 U.S.C. 1396d(b)) is amended by 
5
adding at the end the following new sentence: 
6
‘‘Notwithstanding the first sentence of this sub-
7
section, the Federal medical assistance percent-
8
age shall be 100 per centum with respect to 
9
(and, notwithstanding any other provision of 
10
this title, available for) medical assistance pro-
11
vided to uninsured individuals (as defined in 
12
section 1902(ss)) who are eligible for such as-
13
sistance 
only 
on 
the 
basis 
of 
section 
14
1902(a)(10)(A)(ii)(XXIII) and with respect to 
15
expenditures described in section 1903(a)(7) 
16
that a State demonstrates to the satisfaction of 
17
the Secretary are attributable to administrative 
18
costs related to providing for such medical as-
19
sistance to such individuals under the State 
20
plan.’’. 
21
(b) CHIP.— 
22
(1) IN GENERAL.—Section 2103(c) of the So-
23
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
24
by adding at the end the following paragraph: 
25

74 
•HR 6201 EH
‘‘(10) CERTAIN
IN
VITRO
DIAGNOSTIC
PROD-
1
UCTS FOR COVID–19 TESTING.—The child health as-
2
sistance provided to a targeted low-income child 
3
shall include coverage of any in vitro diagnostic 
4
product described in section 1905(a)(3)(B) that is 
5
administered during any portion of the emergency 
6
period described in such section beginning on or 
7
after the date of the enactment of this subparagraph 
8
(and the administration of such product).’’. 
9
(2) COVERAGE
FOR
TARGETED
LOW-INCOME 
10
PREGNANT WOMEN.—Section 2112(b)(4) of the So-
11
cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend-
12
ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 
13
requirements’’. 
14
(3) PROHIBITION OF COST SHARING.—Section 
15
2103(e)(2) of the Social Security Act (42 U.S.C. 
16
1397cc(e)(2)) is amended— 
17
(A) in the paragraph header, by inserting 
18
‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 
19
RELATED ASSISTANCE’’; and 
20
(B) by striking ‘‘category of services de-
21
scribed in subsection (c)(1)(D) or’’ and insert-
22
ing ‘‘categories of services described in sub-
23
section (c)(1)(D), in vitro diagnostic products 
24
described in subsection (c)(10) (and administra-
25

75 
•HR 6201 EH
tion of such products), visits described in sec-
1
tion 1916(a)(2)(G), or’’. 
2
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PRO-
3
TECTIVE DEVICES AS COVERED COUNTER-
4
MEASURES. 
5
Section 319F–3(i)(1) of the Public Health Service 
6
Act (42 U.S.C. 247d–6d(i)(1)) is amended— 
7
(1) in subparagraph (B), by striking ‘‘or’’ at 
8
the end; and 
9
(2) in subparagraph (C), by striking the period 
10
at the end and inserting ‘‘; or’’; and 
11
(3) by adding at the end the following new sub-
12
paragraph: 
13
‘‘(D) a personal respiratory protective de-
14
vice that is— 
15
‘‘(i) approved by the National Insti-
16
tute for Occupational Safety and Health 
17
under part 84 of title 42, Code of Federal 
18
Regulations (or successor regulations); 
19
‘‘(ii) subject to the emergency use au-
20
thorization issued by the Secretary on 
21
March 2, 2020, or subsequent emergency 
22
use authorizations, pursuant to section 564 
23
of the Federal Food, Drug, and Cosmetic 
24
Act (authorizing emergency use of personal 
25

76 
•HR 6201 EH
respiratory protective devices during the 
1
COVID–19 outbreak); and 
2
‘‘(iii) used during the period begin-
3
ning on January 27, 2020, and ending on 
4
October 1, 2024, in response to the public 
5
health emergency declared on January 31, 
6
2020, pursuant to section 319 as a result 
7
of 
confirmed 
cases 
of 
2019 
Novel 
8
Coronavirus (2019-nCoV).’’. 
9
SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COV-
10
ERAGE FOR VETERANS, AND COVERAGE FOR 
11
FEDERAL CIVILIANS. 
12
(a) TRICARE.—The Secretary of Defense may not re-
13
quire any copayment or other cost sharing under chapter 
14
55 of title 10, United States Code, for in vitro diagnostic 
15
products described in paragraph (1) of section 6001(a) (or 
16
the administration of such products) or visits described 
17
in paragraph (2) of such section furnished during any por-
18
tion of the emergency period defined in paragraph (1)(B) 
19
of section 1135(g) of the Social Security Act (42 U.S.C. 
20
1320b–5(g)) beginning on or after the date of the enact-
21
ment of this Act. 
22
(b) VETERANS.—The Secretary of Veterans Affairs 
23
may not require any copayment or other cost sharing 
24
under chapter 17 of title 38, United States Code, for in 
25

77 
•HR 6201 EH
vitro diagnostic products described in paragraph (1) of 
1
section 6001(a) (or the administration of such products) 
2
or visits described in paragraph (2) of such section fur-
3
nished during any portion of the emergency period defined 
4
in paragraph (1)(B) of section 1135(g) of the Social Secu-
5
rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
6
date of the enactment of this Act. 
7
(c) FEDERAL CIVILIANS.—No copayment or other 
8
cost sharing may be required for any individual occupying 
9
a position in the civil service (as that term is defined in 
10
section 2101(1) of title 5, United States Code) enrolled 
11
in a health benefits plan, including any plan under chapter 
12
89 of title 5, United States Code, or for any other indi-
13
vidual currently enrolled in any plan under chapter 89 of 
14
title 5 for in vitro diagnostic products described in para-
15
graph (1) of section 6001(a) (or the administration of 
16
such products) or visits described in paragraph (2) of such 
17
section furnished during any portion of the emergency pe-
18
riod defined in paragraph (1)(B) of section 1135(g) of the 
19
Social Security Act (42 U.S.C. 1320b–5(g)) beginning on 
20
or after the date of the enactment of this Act. 
21

78 
•HR 6201 EH
SEC. 6007. COVERAGE OF TESTING FOR COVID–19 AT NO 
1
COST SHARING FOR INDIANS RECEIVING 
2
PURCHASED/REFERRED CARE. 
3
The Secretary of Health and Human Services shall 
4
cover, without the imposition of any cost sharing require-
5
ments, the cost of providing any COVID–19 related items 
6
and services as described in paragraph (1) of section 
7
6001(a) (or the administration of such products) or visits 
8
described in paragraph (2) of such section furnished dur-
9
ing any portion of the emergency period defined in para-
10
graph (1)(B) of section 1135(g) of the Social Security Act 
11
(42 U.S.C. 320b–5(g)) beginning on or after the date of 
12
the enactment of this Act to Indians (as defined in section 
13
4 of the Indian Health Care Improvement Act (25 U.S.C. 
14
1603)) receiving health services through the Indian Health 
15
Service, including through an Urban Indian Organization, 
16
regardless of whether such items or services have been au-
17
thorized under the purchased/referred care system funded 
18
by the Indian Health Service or is covered as a health 
19
service of the Indian Health Service. 
20
SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP. 
21
(a) IN GENERAL.—Subject to subsection (b), for each 
22
calendar quarter occurring during the period beginning on 
23
the first day of the emergency period defined in paragraph 
24
(1)(B) of section 1135(g) of the Social Security Act (42 
25
U.S.C. 1320b–5(g)) and ending on the last day of the cal-
26

79 
•HR 6201 EH
endar quarter in which the last day of such emergency 
1
period occurs, the Federal medical assistance percentage 
2
determined for each State, including the District of Co-
3
lumbia, American Samoa, Guam, the Commonwealth of 
4
the Northern Mariana Islands, Puerto Rico, and the 
5
United States Virgin Islands, under section 1905(b) of the 
6
Social Security Act (42 U.S.C. 1396d(b)) shall be in-
7
creased by 6.2 percentage points. 
8
(b) REQUIREMENT FOR ALL STATES.—A State de-
9
scribed in subsection (a) may not receive the increase de-
10
scribed in such subsection in the Federal medical assist-
11
ance percentage for such State, with respect to a quarter, 
12
if— 
13
(1) eligibility standards, methodologies, or pro-
14
cedures under the State plan of such State under 
15
title XIX of the Social Security Act (42 U.S.C. 1396 
16
et seq.) (including any waiver under such title or 
17
section 1115 of such Act (42 U.S.C. 1315)) are 
18
more restrictive during such quarter than the eligi-
19
bility standards, methodologies, or procedures, re-
20
spectively, under such plan (or waiver) as in effect 
21
on January 1, 2020; 
22
(2) the amount of any premium imposed by the 
23
State pursuant to section 1916 or 1916A of such 
24
Act (42 U.S.C. 1396o, 1396o–1) during such quar-
25

80 
•HR 6201 EH
ter, with respect to an individual enrolled under such 
1
plan (or waiver), exceeds the amount of such pre-
2
mium as of January 1, 2020; 
3
(3) the State fails to provide that an individual 
4
who is enrolled for benefits under such plan (or 
5
waiver) as of the date of enactment of this section 
6
or enrolls for benefits under such plan (or waiver) 
7
during the period beginning on such date of enact-
8
ment and ending the last day of the month in which 
9
the emergency period described in subsection (a) 
10
ends shall be treated as eligible for such benefits 
11
through the end of the month in which such emer-
12
gency period ends unless the individual requests a 
13
voluntary termination of eligibility or the individual 
14
ceases to be a resident of the State; or 
15
(4) the State does not provide coverage under 
16
such plan (or waiver), without the imposition of cost 
17
sharing, during such quarter for any testing services 
18
and treatments for COVID–19, including vaccines, 
19
specialized equipment, and therapies. 
20
(c) REQUIREMENT FOR CERTAIN STATES.—Section 
21
1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) 
22
is amended by striking the period at the end of the sub-
23
section and inserting ‘‘and section 6008 of the Families 
24
First Coronavirus Response Act, except that in applying 
25

81 
•HR 6201 EH
such treatments to the increases in the Federal medical 
1
assistance percentage under section 6008 of the Families 
2
First Coronavirus Response Act, the reference to ‘Decem-
3
ber 31, 2009’ shall be deemed to be a reference to ‘March 
4
11, 2020’.’’. 
5
SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TER-
6
RITORIES. 
7
Section 1108(g) of the Social Security Act (42 U.S.C. 
8
1308(g)) is amended— 
9
(1) in paragraph (2)— 
10
(A) in subparagraph (B)— 
11
(i) in clause (i), by striking ‘‘and’’ at 
12
the end; 
13
(ii) in clause (ii), by striking ‘‘for each 
14
of 
fiscal 
years 
2020 
through 
2021, 
15
$126,000,000;’’ and inserting ‘‘for fiscal 
16
year 2020, $128,712,500; and’’; and 
17
(iii) by adding at the end the fol-
18
lowing new clause: 
19
‘‘(iii) 
for 
fiscal 
year 
2021, 
20
$127,937,500;’’; 
21
(B) in subparagraph (C)— 
22
(i) in clause (i), by striking ‘‘and’’ at 
23
the end; 
24

82 
•HR 6201 EH
(ii) in clause (ii), by striking ‘‘for each 
1
of 
fiscal 
years 
2020 
through 
2021, 
2
$127,000,000;’’ and inserting ‘‘for fiscal 
3
year 2020, $130,875,000; and’’; and 
4
(iii) by adding at the end the fol-
5
lowing new clause: 
6
‘‘(iii) 
for 
fiscal 
year 
2021, 
7
$129,712,500;’’; 
8
(C) in subparagraph (D)— 
9
(i) in clause (i), by striking ‘‘and’’ at 
10
the end; 
11
(ii) in clause (ii), by striking ‘‘for each 
12
of 
fiscal 
years 
2020 
through 
2021, 
13
$60,000,000; and’’ and inserting ‘‘for fis-
14
cal year 2020, $63,100,000; and’’; and 
15
(iii) by adding at the end the fol-
16
lowing new clause: 
17
‘‘(iii) 
for 
fiscal 
year 
2021, 
18
$62,325,000; and’’; and 
19
(D) in subparagraph (E)— 
20
(i) in clause (i), by striking ‘‘and’’ at 
21
the end; 
22
(ii) in clause (ii), by striking ‘‘for each 
23
of 
fiscal 
years 
2020 
through 
2021, 
24

83 
•HR 6201 EH
$84,000,000.’’ and inserting ‘‘for fiscal 
1
year 2020, $86,325,000; and’’; and 
2
(iii) by adding at the end the fol-
3
lowing new clause: 
4
‘‘(iii) 
for 
fiscal 
year 
2021, 
5
$85,550,000.’’; and 
6
(2) in paragraph (6)(A)— 
7
(A) 
in 
clause 
(i), 
by 
striking 
8
‘‘$2,623,188,000’’ 
and 
inserting 
9
‘‘$2,716,188,000’’; and 
10
(B) 
in 
clause 
(ii), 
by 
striking 
11
‘‘$2,719,072,000’’ 
and 
inserting 
12
‘‘$2,809,063,000’’. 
13
SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AU-
14
THORITY 
REGARDING 
MEDICARE 
TELE-
15
HEALTH 
SERVICES 
FURNISHED 
DURING 
16
COVID–19 EMERGENCY PERIOD. 
17
Paragraph (3)(A) of section 1135(g) of the Social Se-
18
curity Act (42 U.S.C. 1320b–5(g)) is amended to read as 
19
follows: 
20
‘‘(A) furnished to such individual, during 
21
the 3-year period ending on the date such tele-
22
health service was furnished, an item or service 
23
that would be considered covered under title 
24

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XVIII if furnished to an individual entitled to 
1
benefits or enrolled under such title; or’’. 
2
DIVISION G—TAX CREDITS FOR 
3
PAID SICK AND PAID FAMILY 
4
AND MEDICAL LEAVE 
5
SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK 
6
LEAVE. 
7
(a) IN GENERAL.—In the case of an employer, there 
8
shall be allowed as a credit against the tax imposed by 
9
section 3111(a) or 3221(a) of the Internal Revenue Code 
10
of 1986 for each calendar quarter an amount equal to 100 
11
percent of the qualified sick leave wages paid by such em-
12
ployer with respect to such calendar quarter. 
13
(b) LIMITATIONS AND REFUNDABILITY.— 
14
(1) 
WAGES
TAKEN
INTO
ACCOUNT.—The 
15
amount of qualified sick leave wages taken into ac-
16
count under subsection (a) with respect to any indi-
17
vidual shall not exceed $200 ($511 in the case of 
18
any day any portion of which is paid sick time de-
19
scribed in paragraph (1), (2), or (3) of section 
20
5102(a) of the Emergency Paid Sick Leave Act) for 
21
any day (or portion thereof) for which the individual 
22
is paid qualified sick leave wages. 
23
(2) OVERALL LIMITATION ON NUMBER OF DAYS 
24
TAKEN INTO ACCOUNT.—The aggregate number of 
25

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days taken into account under paragraph (1) for any 
1
calendar quarter shall not exceed the excess (if any) 
2
of— 
3
(A) 10, over 
4
(B) the aggregate number of days so taken 
5
into account for all preceding calendar quarters. 
6
(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
7
TAXES.—The credit allowed by subsection (a) with 
8
respect to any calendar quarter shall not exceed the 
9
tax imposed by section 3111(a) or 3221(a) of such 
10
Code for such calendar quarter (reduced by any 
11
credits allowed under subsections (e) and (f) of sec-
12
tion 3111 of such Code for such quarter) on the 
13
wages paid with respect to the employment of all 
14
employees of the employer. 
15
(4) REFUNDABILITY OF EXCESS CREDIT.— 
16
(A) IN GENERAL.—If the amount of the 
17
credit under subsection (a) exceeds the limita-
18
tion of paragraph (3) for any calendar quarter, 
19
such excess shall be treated as an overpayment 
20
that shall be refunded under sections 6402(a) 
21
and 6413(b) of such Code. 
22
(B) TREATMENT OF PAYMENTS.—For pur-
23
poses of section 1324 of title 31, United States 
24
Code, any amounts due to an employer under 
25

86 
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this paragraph shall be treated in the same 
1
manner as a refund due from a credit provision 
2
referred to in subsection (b)(2) of such section. 
3
(c) QUALIFIED SICK LEAVE WAGES.—For purposes 
4
of this section, the term ‘‘qualified sick leave wages’’ 
5
means wages (as defined in section 3121(a) of the Internal 
6
Revenue Code of 1986) and compensation (as defined in 
7
section 3231(e) of the Internal Revenue Code) paid by an 
8
employer which are required to be paid by reason of the 
9
Emergency Paid Sick Leave Act. 
10
(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 
11
PLAN EXPENSES.— 
12
(1) IN GENERAL.—The amount of the credit al-
13
lowed under subsection (a) shall be increased by so 
14
much of the employer’s qualified health plan ex-
15
penses as are properly allocable to the qualified sick 
16
leave wages for which such credit is so allowed. 
17
(2) QUALIFIED HEALTH PLAN EXPENSES.—For 
18
purposes of this subsection, the term ‘‘qualified 
19
health plan expenses’’ means amounts paid or in-
20
curred by the employer to provide and maintain a 
21
group health plan (as defined in section 5000(b)(1) 
22
of the Internal Revenue Code of 1986), but only to 
23
the extent that such amounts are excluded from the 
24

87 
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gross income of employees by reason of section 
1
106(a) of such Code. 
2
(3) ALLOCATION RULES.—For purposes of this 
3
section, qualified health plan expenses shall be allo-
4
cated to qualified sick leave wages in such manner 
5
as the Secretary of the Treasury (or the Secretary’s 
6
delegate) may prescribe. Except as otherwise pro-
7
vided by the Secretary, such allocation shall be 
8
treated as properly made if made on the basis of 
9
being pro rata among covered employees and pro 
10
rata on the basis of periods of coverage (relative to 
11
the time periods of leave to which such wages re-
12
late). 
13
(e) SPECIAL RULES.— 
14
(1) DENIAL OF DOUBLE BENEFIT.—For pur-
15
poses of chapter 1 of such Code, the gross income 
16
of the employer, for the taxable year which includes 
17
the last day of any calendar quarter with respect to 
18
which a credit is allowed under this section, shall be 
19
increased by the amount of such credit. Any wages 
20
taken into account in determining the credit allowed 
21
under this section shall not be taken into account for 
22
purposes of determining the credit allowed under 
23
section 45S of such Code. 
24

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(2) ELECTION NOT TO HAVE SECTION APPLY.— 
1
This section shall not apply with respect to any em-
2
ployer for any calendar quarter if such employer 
3
elects (at such time and in such manner as the Sec-
4
retary of the Treasury (or the Secretary’s delegate) 
5
may prescribe) not to have this section apply. 
6
(3) CERTAIN TERMS.—Any term used in this 
7
section which is also used in chapter 21 of such 
8
Code shall have the same meaning as when used in 
9
such chapter. 
10
(4) CERTAIN
GOVERNMENTAL
EMPLOYERS.— 
11
This credit shall not apply to the Government of the 
12
United States, the government of any State or polit-
13
ical subdivision thereof, or any agency or instrumen-
14
tality of any of the foregoing. 
15
(f) REGULATIONS.—The Secretary of the Treasury 
16
(or the Secretary’s delegate) shall prescribe such regula-
17
tions or other guidance as may be necessary to carry out 
18
the purposes of this section, including— 
19
(1) regulations or other guidance to prevent the 
20
avoidance of the purposes of the limitations under 
21
this section, 
22
(2) regulations or other guidance to minimize 
23
compliance and record-keeping burdens under this 
24
section, 
25

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(3) regulations or other guidance providing for 
1
waiver of penalties for failure to deposit amounts in 
2
anticipation of the allowance of the credit allowed 
3
under this section, 
4
(4) regulations or other guidance for recap-
5
turing the benefit of credits determined under this 
6
section in cases where there is a subsequent adjust-
7
ment to the credit determined under subsection (a), 
8
and 
9
(5) regulations or other guidance to ensure that 
10
the wages taken into account under this section con-
11
form with the paid sick time required to be provided 
12
under the Emergency Paid Sick Leave Act. 
13
(g) APPLICATION OF SECTION.—This section shall 
14
apply only to wages paid with respect to the period begin-
15
ning on a date selected by the Secretary of the Treasury 
16
(or the Secretary’s delegate) which is during the 15-day 
17
period beginning on the date of the enactment of this Act, 
18
and ending on December 31, 2020. 
19
(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
20
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
21
propriated to the Federal Old-Age and Survivors Insur-
22
ance Trust Fund and the Federal Disability Insurance 
23
Trust Fund established under section 201 of the Social 
24
Security Act (42 U.S.C. 401) and the Social Security 
25

90 
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Equivalent Benefit Account established under section 
1
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
2
231n–1(a)) amounts equal to the reduction in revenues 
3
to the Treasury by reason of this section (without regard 
4
to this subsection). Amounts appropriated by the pre-
5
ceding sentence shall be transferred from the general fund 
6
at such times and in such manner as to replicate to the 
7
extent possible the transfers which would have occurred 
8
to such Trust Fund or Account had this section not been 
9
enacted. 
10
SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF- 
11
EMPLOYED INDIVIDUALS. 
12
(a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 
13
the case of an eligible self-employed individual, there shall 
14
be allowed as a credit against the tax imposed by subtitle 
15
A of the Internal Revenue Code of 1986 for any taxable 
16
year an amount equal to the qualified sick leave equivalent 
17
amount with respect to the individual. 
18
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 
19
purposes of this section, the term ‘‘eligible self-employed 
20
individual’’ means an individual who— 
21
(1) regularly carries on any trade or business 
22
within the meaning of section 1402 of such Code, 
23
and 
24

91 
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(2) would be entitled to receive paid leave dur-
1
ing the taxable year pursuant to the Emergency 
2
Paid Sick Leave Act if the individual were an em-
3
ployee of an employer (other than himself or her-
4
self). 
5
(c) 
QUALIFIED
SICK
LEAVE
EQUIVALENT 
6
AMOUNT.—For purposes of this section— 
7
(1) IN
GENERAL.—The term ‘‘qualified sick 
8
leave equivalent amount’’ means, with respect to any 
9
eligible self-employed individual, an amount equal 
10
to— 
11
(A) the number of days during the taxable 
12
year (but not more than the applicable number 
13
of days) that the individual is unable to per-
14
form services in any trade or business referred 
15
to in section 1402 of such Code for a reason 
16
with respect to which such individual would be 
17
entitled to receive sick leave as described in 
18
subsection (b), multiplied by 
19
(B) the lesser of— 
20
(i) $200 ($511 in the case of any day 
21
of paid sick time described in paragraph 
22
(1), (2), or (3) of section 5102(a) of the 
23
Emergency Paid Sick Leave Act), or 
24

92 
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(ii) 67 percent (100 percent in the 
1
case of any day of paid sick time described 
2
in paragraph (1), (2), or (3) of section 
3
5102(a) of the Emergency Paid Sick Leave 
4
Act) of the average daily self-employment 
5
income of the individual for the taxable 
6
year. 
7
(2) AVERAGE
DAILY
SELF-EMPLOYMENT
IN-
8
COME.—For purposes of this subsection, the term 
9
‘‘average daily self-employment income’’ means an 
10
amount equal to— 
11
(A) the net earnings from self-employment 
12
of the individual for the taxable year, divided by 
13
(B) 260. 
14
(3) APPLICABLE NUMBER OF DAYS.—For pur-
15
poses of this subsection, the term ‘‘applicable num-
16
ber of days’’ means, with respect to any taxable 
17
year, the excess (if any) of 10 days over the number 
18
of days taken into account under paragraph (1)(A) 
19
in all preceding taxable years. 
20
(d) SPECIAL RULES.— 
21
(1) CREDIT REFUNDABLE.— 
22
(A) IN GENERAL.—The credit determined 
23
under this section shall be treated as a credit 
24

93 
•HR 6201 EH
allowed to the taxpayer under subpart C of part 
1
IV of subchapter A of chapter 1 of such Code. 
2
(B) TREATMENT OF PAYMENTS.—For pur-
3
poses of section 1324 of title 31, United States 
4
Code, any refund due from the credit deter-
5
mined under this section shall be treated in the 
6
same manner as a refund due from a credit 
7
provision referred to in subsection (b)(2) of 
8
such section. 
9
(2) DOCUMENTATION.—No credit shall be al-
10
lowed under this section unless the individual main-
11
tains such documentation as the Secretary of the 
12
Treasury (or the Secretary’s delegate) may prescribe 
13
to establish such individual as an eligible self-em-
14
ployed individual. 
15
(3) DENIAL OF DOUBLE BENEFIT.—In the case 
16
of an individual who receives wages (as defined in 
17
section 3121(a) of the Internal Revenue Code of 
18
1986) or compensation (as defined in section 
19
3231(e) of the Internal Revenue Code) paid by an 
20
employer which are required to be paid by reason of 
21
the Emergency Paid Sick Leave Act, the qualified 
22
sick leave equivalent amount otherwise determined 
23
under subsection (c) shall be reduced (but not below 
24
zero) to the extent that the sum of the amount de-
25

94 
•HR 6201 EH
scribed in such subsection and in section 7001(b)(1) 
1
exceeds $2,000 ($5,110 in the case of any day any 
2
portion of which is paid sick time described in para-
3
graph (1), (2), or (3) of section 5102(a) of the 
4
Emergency Paid Sick Leave Act). 
5
(4) CERTAIN TERMS.—Any term used in this 
6
section which is also used in chapter 2 of the Inter-
7
nal Revenue Code of 1986 shall have the same 
8
meaning as when used in such chapter. 
9
(e) APPLICATION OF SECTION.—Only days occurring 
10
during the period beginning on a date selected by the Sec-
11
retary of the Treasury (or the Secretary’s delegate) which 
12
is during the 15-day period beginning on the date of the 
13
enactment of this Act, and ending on December 31, 2020, 
14
may be taken into account under subsection (c)(1)(A). 
15
(f) APPLICATION OF CREDIT IN CERTAIN POSSES-
16
SIONS.— 
17
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
18
CODE TAX SYSTEMS.—The Secretary of the Treas-
19
ury (or the Secretary’s delegate) shall pay to each 
20
possession of the United States which has a mirror 
21
code tax system amounts equal to the loss (if any) 
22
to that possession by reason of the application of the 
23
provisions of this section. Such amounts shall be de-
24
termined by the Secretary of the Treasury (or the 
25

95 
•HR 6201 EH
Secretary’s delegate) based on information provided 
1
by the government of the respective possession. 
2
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
3
Secretary of the Treasury (or the Secretary’s dele-
4
gate) shall pay to each possession of the United 
5
States which does not have a mirror code tax system 
6
amounts estimated by the Secretary of the Treasury 
7
(or the Secretary’s delegate) as being equal to the 
8
aggregate benefits (if any) that would have been 
9
provided to residents of such possession by reason of 
10
the provisions of this section if a mirror code tax 
11
system had been in effect in such possession. The 
12
preceding sentence shall not apply unless the respec-
13
tive possession has a plan, which has been approved 
14
by the Secretary of the Treasury (or the Secretary’s 
15
delegate), under which such possession will promptly 
16
distribute such payments to its residents. 
17
(3) MIRROR CODE TAX SYSTEM.—For purposes 
18
of this section, the term ‘‘mirror code tax system’’ 
19
means, with respect to any possession of the United 
20
States, the income tax system of such possession if 
21
the income tax liability of the residents of such pos-
22
session under such system is determined by ref-
23
erence to the income tax laws of the United States 
24
as if such possession were the United States. 
25

96 
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(4) TREATMENT OF PAYMENTS.—For purposes 
1
of section 1324 of title 31, United States Code, the 
2
payments under this section shall be treated in the 
3
same manner as a refund due from a credit provi-
4
sion referred to in subsection (b)(2) of such section. 
5
(g) REGULATIONS.—The Secretary of the Treasury 
6
(or the Secretary’s delegate) shall prescribe such regula-
7
tions or other guidance as may be necessary to carry out 
8
the purposes of this section, including— 
9
(1) regulations or other guidance to effectuate 
10
the purposes of this Act, and 
11
(2) regulations or other guidance to minimize 
12
compliance and record-keeping burdens under this 
13
section. 
14
SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY 
15
LEAVE. 
16
(a) IN GENERAL.—In the case of an employer, there 
17
shall be allowed as a credit against the tax imposed by 
18
section 3111(a) or 3221(a) of the Internal Revenue Code 
19
of 1986 for each calendar quarter an amount equal to 100 
20
percent of the qualified family leave wages paid by such 
21
employer with respect to such calendar quarter. 
22
(b) LIMITATIONS AND REFUNDABILITY.— 
23
(1) 
WAGES
TAKEN
INTO
ACCOUNT.—The 
24
amount of qualified family leave wages taken into 
25

97 
•HR 6201 EH
account under subsection (a) with respect to any in-
1
dividual shall not exceed— 
2
(A) for any day (or portion thereof) for 
3
which the individual is paid qualified family 
4
leave wages, $200, and 
5
(B) in the aggregate with respect to all 
6
calendar quarters, $10,000. 
7
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
8
TAXES.—The credit allowed by subsection (a) with 
9
respect to any calendar quarter shall not exceed the 
10
tax imposed by section 3111(a) or 3221(a) of such 
11
Code for such calendar quarter (reduced by any 
12
credits allowed under subsections (e) and (f) of sec-
13
tion 3111 of such Code, and section 7001 of this 
14
Act, for such quarter) on the wages paid with re-
15
spect to the employment of all employees of the em-
16
ployer. 
17
(3) REFUNDABILITY
OF
EXCESS
CREDIT.—If 
18
the amount of the credit under subsection (a) ex-
19
ceeds the limitation of paragraph (2) for any cal-
20
endar quarter, such excess shall be treated as an 
21
overpayment that shall be refunded under sections 
22
6402(a) and 6413(b) of such Code. 
23
(c) QUALIFIED FAMILY LEAVE WAGES.—For pur-
24
poses of this section, the term ‘‘qualified family leave 
25

98 
•HR 6201 EH
wages’’ means wages (as defined in section 3121(a) of 
1
such Code) and compensation (as defined in section 
2
3231(e) of the Internal Revenue Code) paid by an em-
3
ployer which are required to be paid by reason of the 
4
Emergency Family and Medical Leave Expansion Act (in-
5
cluding the amendments made by such Act). 
6
(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 
7
PLAN EXPENSES.— 
8
(1) IN GENERAL.—The amount of the credit al-
9
lowed under subsection (a) shall be increased by so 
10
much of the employer’s qualified health plan ex-
11
penses as are properly allocable to the qualified fam-
12
ily leave wages for which such credit is so allowed. 
13
(2) QUALIFIED HEALTH PLAN EXPENSES.—For 
14
purposes of this subsection, the term ‘‘qualified 
15
health plan expenses’’ means amounts paid or in-
16
curred by the employer to provide and maintain a 
17
group health plan (as defined in section 5000(b)(1) 
18
of the Internal Revenue Code of 1986), but only to 
19
the extent that such amounts are excluded from the 
20
gross income of employees by reason of section 
21
106(a) of such Code. 
22
(3) ALLOCATION RULES.—For purposes of this 
23
section, qualified health plan expenses shall be allo-
24
cated to qualified family leave wages in such manner 
25

99 
•HR 6201 EH
as the Secretary of the Treasury (or the Secretary’s 
1
delegate) may prescribe. Except as otherwise pro-
2
vided by the Secretary, such allocation shall be 
3
treated as properly made if made on the basis of 
4
being pro rata among covered employees and pro 
5
rata on the basis of periods of coverage (relative to 
6
the time periods of leave to which such wages re-
7
late). 
8
(e) SPECIAL RULES.— 
9
(1) DENIAL OF DOUBLE BENEFIT.—For pur-
10
poses of chapter 1 of such Code, the gross income 
11
of the employer, for the taxable year which includes 
12
the last day of any calendar quarter with respect to 
13
which a credit is allowed under this section, shall be 
14
increased by the amount of such credit. Any wages 
15
taken into account in determining the credit allowed 
16
under this section shall not be taken into account for 
17
purposes of determining the credit allowed under 
18
section 45S of such Code . 
19
(2) ELECTION NOT TO HAVE SECTION APPLY.— 
20
This section shall not apply with respect to any em-
21
ployer for any calendar quarter if such employer 
22
elects (at such time and in such manner as the Sec-
23
retary of the Treasury (or the Secretary’s delegate) 
24
may prescribe) not to have this section apply. 
25

100 
•HR 6201 EH
(3) CERTAIN TERMS.—Any term used in this 
1
section which is also used in chapter 21 of such 
2
Code shall have the same meaning as when used in 
3
such chapter. 
4
(4) CERTAIN
GOVERNMENTAL
EMPLOYERS.— 
5
This credit shall not apply to the Government of the 
6
United States, the government of any State or polit-
7
ical subdivision thereof, or any agency or instrumen-
8
tality of any of the foregoing. 
9
(f) REGULATIONS.—The Secretary of the Treasury 
10
(or the Secretary’s delegate) shall prescribe such regula-
11
tions or other guidance as may be necessary to carry out 
12
the purposes of this section, including— 
13
(1) regulations or other guidance to prevent the 
14
avoidance of the purposes of the limitations under 
15
this section, 
16
(2) regulations or other guidance to minimize 
17
compliance and record-keeping burdens under this 
18
section, 
19
(3) regulations or other guidance providing for 
20
waiver of penalties for failure to deposit amounts in 
21
anticipation of the allowance of the credit allowed 
22
under this section, 
23
(4) regulations or other guidance for recap-
24
turing the benefit of credits determined under this 
25

101 
•HR 6201 EH
section in cases where there is a subsequent adjust-
1
ment to the credit determined under subsection (a), 
2
and 
3
(5) regulations or other guidance to ensure that 
4
the wages taken into account under this section con-
5
form with the paid leave required to be provided 
6
under the Emergency Family and Medical Leave Ex-
7
pansion Act (including the amendments made by 
8
such Act). 
9
(g) APPLICATION OF SECTION.—This section shall 
10
apply only to wages paid with respect to the period begin-
11
ning on a date selected by the Secretary of the Treasury 
12
(or the Secretary’s delegate) which is during the 15-day 
13
period beginning on the date of the enactment of this Act, 
14
and ending on December 31, 2020. 
15
(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
16
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
17
propriated to the Federal Old-Age and Survivors Insur-
18
ance Trust Fund and the Federal Disability Insurance 
19
Trust Fund established under section 201 of the Social 
20
Security Act (42 U.S.C. 401) and the Social Security 
21
Equivalent Benefit Account established under section 
22
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
23
231n–1(a)) amounts equal to the reduction in revenues 
24
to the Treasury by reason of this section (without regard 
25

102 
•HR 6201 EH
to this subsection). Amounts appropriated by the pre-
1
ceding sentence shall be transferred from the general fund 
2
at such times and in such manner as to replicate to the 
3
extent possible the transfers which would have occurred 
4
to such Trust Fund or Account had this section not been 
5
enacted. 
6
SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF- 
7
EMPLOYED INDIVIDUALS. 
8
(a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 
9
the case of an eligible self-employed individual, there shall 
10
be allowed as a credit against the tax imposed by subtitle 
11
A of the Internal Revenue Code of 1986 for any taxable 
12
year an amount equal to 100 percent of the qualified fam-
13
ily leave equivalent amount with respect to the individual. 
14
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 
15
purposes of this section, the term ‘‘eligible self-employed 
16
individual’’ means an individual who— 
17
(1) regularly carries on any trade or business 
18
within the meaning of section 1402 of such Code, 
19
and 
20
(2) would be entitled to receive paid leave dur-
21
ing the taxable year pursuant to the Emergency 
22
Family and Medical Leave Expansion Act if the in-
23
dividual were an employee of an employer (other 
24
than himself or herself). 
25

103 
•HR 6201 EH
(c) 
QUALIFIED
FAMILY
LEAVE
EQUIVALENT 
1
AMOUNT.—For purposes of this section— 
2
(1) IN GENERAL.—The term ‘‘qualified family 
3
leave equivalent amount’’ means, with respect to any 
4
eligible self-employed individual, an amount equal to 
5
the product of— 
6
(A) the number of days (not to exceed 50) 
7
during the taxable year that the individual is 
8
unable to perform services in any trade or busi-
9
ness referred to in section 1402 of such Code 
10
for a reason with respect to which such indi-
11
vidual would be entitled to receive paid leave as 
12
described in subsection (b), multiplied by 
13
(B) the lesser of— 
14
(i) 67 percent of the average daily 
15
self-employment income of the individual 
16
for the taxable year, or 
17
(ii) $200. 
18
(2) AVERAGE
DAILY
SELF-EMPLOYMENT
IN-
19
COME.—For purposes of this subsection, the term 
20
‘‘average daily self-employment income’’ means an 
21
amount equal to— 
22
(A) the net earnings from self-employment 
23
income of the individual for the taxable year, 
24
divided by 
25

104 
•HR 6201 EH
(B) 260. 
1
(d) SPECIAL RULES.— 
2
(1) CREDIT REFUNDABLE.— 
3
(A) IN GENERAL.—The credit determined 
4
under this section shall be treated as a credit 
5
allowed to the taxpayer under subpart C of part 
6
IV of subchapter A of chapter 1 of such Code. 
7
(B) TREATMENT OF PAYMENTS.—For pur-
8
poses of section 1324 of title 31, United States 
9
Code, any refund due from the credit deter-
10
mined under this section shall be treated in the 
11
same manner as a refund due from a credit 
12
provision referred to in subsection (b)(2) of 
13
such section. 
14
(2) DOCUMENTATION.—No credit shall be al-
15
lowed under this section unless the individual main-
16
tains such documentation as the Secretary of the 
17
Treasury (or the Secretary’s delegate) may prescribe 
18
to establish such individual as an eligible self-em-
19
ployed individual. 
20
(3) DENIAL OF DOUBLE BENEFIT.—In the case 
21
of an individual who receives wages (as defined in 
22
section 3121(a) of the Internal Revenue Code of 
23
1986) or compensation (as defined in section 
24
3231(e) of the Internal Revenue Code) paid by an 
25

105 
•HR 6201 EH
employer which are required to be paid by reason of 
1
the Emergency Family and Medical Leave Expan-
2
sion Act, the qualified family leave equivalent 
3
amount otherwise described in subsection (c) shall 
4
be reduced (but not below zero) to the extent that 
5
the sum of the amount described in such subsection 
6
and in section 7003(b)(1) exceeds $10,000. 
7
(4) CERTAIN TERMS.—Any term used in this 
8
section which is also used in chapter 2 of the Inter-
9
nal Revenue Code of 1986 shall have the same 
10
meaning as when used in such chapter. 
11
(5) REFERENCES TO EMERGENCY FAMILY AND 
12
MEDICAL LEAVE EXPANSION ACT.—Any reference in 
13
this section to the Emergency Family and Medical 
14
Leave Expansion Act shall be treated as including a 
15
reference to the amendments made by such Act. 
16
(e) APPLICATION OF SECTION.—Only days occurring 
17
during the period beginning on a date selected by the Sec-
18
retary of the Treasury (or the Secretary’s delegate) which 
19
is during the 15-day period beginning on the date of the 
20
enactment of this Act, and ending on December 31, 2020, 
21
may be taken into account under subsection (c)(1)(A). 
22
(f) APPLICATION OF CREDIT IN CERTAIN POSSES-
23
SIONS.— 
24

106 
•HR 6201 EH
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
1
CODE TAX SYSTEMS.—The Secretary of the Treas-
2
ury (or the Secretary’s delegate) shall pay to each 
3
possession of the United States which has a mirror 
4
code tax system amounts equal to the loss (if any) 
5
to that possession by reason of the application of the 
6
provisions of this section. Such amounts shall be de-
7
termined by the Secretary of the Treasury (or the 
8
Secretary’s delegate) based on information provided 
9
by the government of the respective possession. 
10
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
11
Secretary of the Treasury (or the Secretary’s dele-
12
gate) shall pay to each possession of the United 
13
States which does not have a mirror code tax system 
14
amounts estimated by the Secretary of the Treasury 
15
(or the Secretary’s delegate) as being equal to the 
16
aggregate benefits (if any) that would have been 
17
provided to residents of such possession by reason of 
18
the provisions of this section if a mirror code tax 
19
system had been in effect in such possession. The 
20
preceding sentence shall not apply unless the respec-
21
tive possession has a plan, which has been approved 
22
by the Secretary of the Treasury (or the Secretary’s 
23
delegate), under which such possession will promptly 
24
distribute such payments to its residents. 
25

107 
•HR 6201 EH
(3) MIRROR CODE TAX SYSTEM.—For purposes 
1
of this section, the term ‘‘mirror code tax system’’ 
2
means, with respect to any possession of the United 
3
States, the income tax system of such possession if 
4
the income tax liability of the residents of such pos-
5
session under such system is determined by ref-
6
erence to the income tax laws of the United States 
7
as if such possession were the United States. 
8
(4) TREATMENT OF PAYMENTS.—For purposes 
9
of section 1324 of title 31, United States Code, the 
10
payments under this section shall be treated in the 
11
same manner as a refund due from a credit provi-
12
sion referred to in subsection (b)(2) of such section. 
13
(e) REGULATIONS.—The Secretary of the Treasury 
14
(or the Secretary’s delegate) shall prescribe such regula-
15
tions or other guidance as may be necessary to carry out 
16
the purposes of this section, including— 
17
(1) regulations or other guidance to prevent the 
18
avoidance of the purposes of this Act, and 
19
(2) regulations or other guidance to minimize 
20
compliance and record-keeping burdens under this 
21
section. 
22

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SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOY-
1
ERS. 
2
(a) IN GENERAL.—Any wages required to be paid by 
3
reason of the Emergency Paid Sick Leave Act and the 
4
Emergency Family and Medical Leave Expansion Act 
5
shall not be considered wages for purposes of section 
6
3111(a) of the Internal Revenue Code of 1986 or com-
7
pensation for purposes of section 3221(a) of such Code. 
8
(b) ALLOWANCE OF CREDIT FOR HOSPITAL INSUR-
9
ANCE TAXES.— 
10
(1) IN GENERAL.—The credit allowed by sec-
11
tion 7001 and the credit allowed by section 7003 
12
shall each be increased by the amount of the tax im-
13
posed by section 3111(b) of the Internal Revenue 
14
Code of 1986 on qualified sick leave wages, or quali-
15
fied family leave wages, for which credit is allowed 
16
under such section 7001 or 7003 (respectively). 
17
(2) DENIAL OF DOUBLE BENEFIT.—For denial 
18
of double benefit with respect to the credit increase 
19
under paragraph (1), see sections 7001(e)(1) and 
20
7003(e)(1). 
21
(c) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
22
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
23
propriated to the Federal Old-Age and Survivors Insur-
24
ance Trust Fund and the Federal Disability Insurance 
25
Trust Fund established under section 201 of the Social 
26

109 
•HR 6201 EH
Security Act (42 U.S.C. 401) and the Social Security 
1
Equivalent Benefit Account established under section 
2
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
3
231n–1(a)) amounts equal to the reduction in revenues 
4
to the Treasury by reason of this section (without regard 
5
to this subsection). Amounts appropriated by the pre-
6
ceding sentence shall be transferred from the general fund 
7
at such times and in such manner as to replicate to the 
8
extent possible the transfers which would have occurred 
9
to such Trust Fund or Account had this section not been 
10
enacted. 
11
DIVISION H—BUDGETARY 
12
EFFECTS 
13
SEC. 8001. BUDGETARY EFFECTS. 
14
(a) STATUTORY PAYGO SCORECARDS.—The budg-
15
etary effects of division B and each succeeding division 
16
shall not be entered on either PAYGO scorecard main-
17
tained pursuant to section 4(d) of the Statutory Pay-As- 
18
You-Go Act of 2010. 
19
(b) SENATE PAYGO SCORECARDS.—The budgetary 
20
effects of division B and each succeeding division shall not 
21
be entered on any PAYGO scorecard maintained for pur-
22
poses of section 4106 of H. Con. Res. 71 (115th Con-
23
gress). 
24

110 
•HR 6201 EH
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
1
Notwithstanding Rule 3 of the Budget Scorekeeping 
2
Guidelines set forth in the joint explanatory statement of 
3
the committee of conference accompanying Conference Re-
4
port 105–217 and section 250(c)(8) of the Balanced 
5
Budget and Emergency Deficit Control Act of 1985, the 
6
budgetary effects of division B and each succeeding divi-
7
sion shall not be estimated— 
8
(1) for purposes of section 251 of such Act; and 
9
(2) for purposes of paragraph (4)(C) of section 
10
3 of the Statutory Pay-As-You-Go Act of 2010 as 
11
being included in an appropriation Act. 
12
Passed the House of Representatives March 14 (leg-
islative day March 13), 2020. 
Attest: 
Clerk. 


116TH CONGRESS 
2D SESSION 
H. R. 6201 
AN ACT 
Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2020, and 
for other purposes.

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