This morning one woke up, hours aftre President Trump declared a national emergency, to news that the House of Representatives (with the encouragement of both President Trump and Speaker Pelosi) passed HR 6201, the “Families First Coronavirus Response Act.”
A coronavirus economic aid bill was passed by 363 votes to 40 by the House of Representatives in the early hours of Saturday morning after receiving support from President Trump who declared a national emergency because of the coronavirus on Friday afternoon. The sweeping relief package includes two weeks of paid sick leave and up to three months of paid family and medical leave as the coronavirus is now confirmed in 49 states. West Virginia is the only state not to have a case by Friday evening.Trump threw his support behind the legislation which faced a vote in the House early Saturday morning, after announcing a national emergency over coronavirus and later designating this Sunday, March 15, a National Prayer Day. House Speaker Nancy Pelosi on Friday announced the deal with the Trump administration for an aid package from Congress that would provide free tests even for the uninsured, enhanced unemployment benefits by boosting food stamps, and federal funds for Medicaid. It will also bolster food programs with additional food aid. Additionally it will include two weeks of paid sick leave and up to three months of paid family and medical leave for Americans who work for businesses with less than 500 employees or the government and are infected by the virus. (House PASSES coronavirus bill by 363-40 in 1am vote as Trump and Pelosi back deal, Daily Mail).For those with limited access, the text of HR 6201 follows.
Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 11, 2020
Mrs. Lowey (for herself, Mr. Scott of Virginia, Mr. Neal, Mr. Bishop of Georgia, Ms. DeLauro, Mr. Pallone, and Mr. Peterson)
introduced the following bill; which was referred to the Committee on
Appropriations, and in addition to the Committees on the Budget, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
This Act may be cited as the “Families First Coronavirus Response Act”.
TABLE OF CONTENTS
The table of contents is as follows:
REFERENCES
Except
as expressly provided otherwise, any reference to “this Act” contained
in any division of this Act shall be treated as referring only to the
provisions of that division.
The
following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Food And Nutrition Service
special supplemental nutrition program for women, infants, and children (wic)
For
an additional amount for the “Special Supplemental Nutrition Program
for Women, Infants, and Children”, $500,000,000, to remain available
through September 30, 2021: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
commodity assistance program
For
an additional amount for the “Commodity Assistance Program” for the
emergency food assistance program as authorized by section 27(a) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available through September 30, 2021: Provided,
That of the funds made available, the Secretary may use up to
$100,000,000 for costs associated with the distribution of commodities: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
Sec. 101. (a) Public Health Emergency.—During
fiscal year 2020, in any case in which a school is closed for at least 5
consecutive days during a public health emergency designation during
which the school would otherwise be in session, each household
containing at least 1 member who is an eligible child attending the
school shall be eligible to receive assistance pursuant to a state
agency plan approved under subsection (b).
(b) Assistance.—To
carry out this section, the Secretary of Agriculture may approve State
agency plans for temporary emergency standards of eligibility and levels
of benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.) for households with eligible children. Plans approved by the
Secretary shall provide for supplemental allotments to households
receiving benefits under such Act, and issuances to households not
already receiving benefits. Such level of benefits shall be determined
by the Secretary in an amount not less than the value of meals at the
free rate over the course of 5 school days for each eligible child in
the household.
(c) Minimum closure requirement.—The
Secretary of Agriculture shall not provide assistance under this
section in the case of a school that is closed for less than 5
consecutive days.
(d) Use of ebt system.—A
State agency may provide assistance under this section through the EBT
card system established under section 7 of the Food and Nutrition Act of
2008 (7 U.S.C. 2016).
(e) Release of information.—Notwithstanding
any other provision of law, the Secretary of Agriculture may authorize
State educational agencies and school food authorities administering a
school lunch program under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751
et seq.) to release to appropriate officials administering the
supplemental nutrition assistance program such information as may be
necessary to carry out this section.
(f) Waivers.—To
facilitate implementation of this section, the Secretary of Agriculture
may approve waivers of the limits on certification periods otherwise
applicable under section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting requirements otherwise applicable under section 6(c) of such Act (7 U.S.C. 2015(c)), and other administrative requirements otherwise applicable to State agencies under such Act.
(g) Availability of commodities.—During
fiscal year 2020, the Secretary of Agriculture may purchase commodities
for emergency distribution in any area of the United States during a
public health emergency designation.
(1)
The term “eligible child” means a child (as defined in section 12(d) or
served under section 11(a)(1) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(d),
1759(a)(1)) who, if not for the closure of the school attended by the
child during a public health emergency designation and due to concerns
about a COVID–19 outbreak, would receive free or reduced price school
meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 175l et seq.) at the school.
(A)
of a public health emergency, based on an outbreak of SARS–CoV–2 or
another coronavirus with pandemic potential, by the Secretary of Health
and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
of a domestic emergency, based on an outbreak of SARS–CoV–2 or another
coronavirus with pandemic potential, by the Secretary of Homeland
Security.
(3) The term “school” has the meaning given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)).
(i) Funding.—There are hereby appropriated to the Secretary of Agriculture such amounts as are necessary to carry out this section: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 102.
In addition to amounts otherwise made available, $100,000,000, to
remain available through September 30, 2021, shall be available for the
Secretary of Agriculture to provide grants to the Commonwealth of the
Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition
assistance in response to a COVID–19 public health emergency: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF LABOR
Employment And Training Administration
program administration
For
an additional amount for “Program Administration”, $5,000,000, to
remain available through September 30, 2022, to administer the emergency
paid sick days program: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration For Community Living
aging and disability services programs
For
an additional amount for “Aging and Disability Services Programs”,
$250,000,000, to remain available until September 30, 2021, for
activities authorized under subparts 1 and 2 of part C, of title III,
and under title VI, of the Older Americans Act of 1965, of which
$160,000,000 shall be for Home-Delivered Nutrition Services, $80,000,000
shall be for Congregate Nutrition Services, and $10,000,000 shall be
for Nutrition Services for Native Americans: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE III
GENERAL PROVISIONS—THIS ACT
Sec. 301.
Not later than 30 days after the date of enactment of this Act, the
head of each executive agency that receives funding in this Act shall
provide a report detailing the anticipated uses of all such funding to
the Committees on Appropriations of the House of Representatives and the
Senate: Provided, That each report shall include estimated
personnel and administrative costs, as well as the total amount of
funding apportioned, allotted, obligated, and expended, to date: Provided further, That each such plan shall be updated and submitted to such Committees every 60 days until all funds are expended or expire.
Sec. 302.
Each amount appropriated or made available by this Act is in addition
to amounts otherwise appropriated for the fiscal year involved.
Sec. 303.
No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly
so provided herein.
Sec. 304.
Unless otherwise provided for by this Act, the additional amounts
appropriated by this Act to appropriations accounts shall be available
under the authorities and conditions applicable to such appropriations
accounts for fiscal year 2020.
Sec. 305.
Each amount designated in this Act by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
Sec. 306.
Any amount appropriated by this Act, designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and
subsequently so designated by the President, and transferred pursuant to
transfer authorities provided by this Act shall retain such
designation.
This division may be cited as the “Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020”.
TITLE I—Maintaining Essential Access to Lunch for Students Act
This title may be cited as the “Maintaining Essential Access to Lunch for Students Act” or the “MEALS Act”.
(a) In general.—The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply to a qualified COVID–19 waiver.
(b) Allowable increase in Federal costs.—Notwithstanding paragraph (4) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), the Secretary of Agriculture may grant a qualified COVID–19 waiver that increases Federal costs.
(c) Termination after periodic review.—The requirements under section 12(l)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID–19 waiver.
(d) Qualified COVID–19 waiver.—In this section, the term “qualified COVID–19 waiver” means a waiver—
(1) requested by a State (as defined in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8))) or eligible service provider under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)); and
(2) to waive any requirement under such Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), or any regulation issued under either such Act, for purposes
of providing meals and meal supplements under such Acts during a school
closure due to COVID–19.
TITLE II—COVID—19 Child Nutrition Response Act
This title may be cited as the “COVID–19 Child Nutrition Response Act”.
(1) IN
GENERAL.—Notwithstanding any other provision of law, the Secretary may
establish a waiver for all States under section 12(l) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(l)), for purposes of—
(A) providing meals and meal supplements under a qualified program; and
(B) carrying out subparagraph (A) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
(A) notwithstanding paragraph (2) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), apply automatically to any State that elects to be subject to the waiver without further application; and
(B) not be subject to the requirements under paragraph (3) of such section.
(b) Child and adult care food program waiver.—Notwithstanding
any other provision of law, the Secretary may grant a waiver under
section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))
to allow non-congregate feeding under a child and adult care food
program under section 17 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766) if such waiver is for the purposes of—
(1) providing meals and meal supplements under such child and adult care food program; and
(2) carrying out paragraph (1) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
(c) Meal pattern waiver.—Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))
the Secretary may grant a waiver under such section that relates to the
nutritional content of meals served if the Secretary determines that—
(1) such waiver is necessary to provide meals and meal supplements under a qualified program; and
(2)
there is a supply chain disruption with respect to foods served under
such a qualified program and such disruption is due to COVID–19.
(d) Reports.—Each
State that receives a waiver under subsection (a), (b), or (c), shall,
not later than 1 year after the date such State received such waiver,
submit a report to the Secretary that includes the following:
(1) A summary of the use of such waiver by the State and eligible service providers.
(2) A description of whether such waiver resulted in improved services to children.
(e) Sunset.—The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020.
(A) The school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
(D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761).
(2) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.
(3) STATE.—The term “State” has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).
TITLE III—SNAP Waivers
(a) Beginning with the first month that begins after the enactment of
this Act and for each subsequent month through the end of the month
subsequent to the month a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID–19) is lifted, eligibility for supplemental nutrition assistance
program benefits shall not be limited under section 6(o)(2) of the Food
and Nutrition Act of 2008 unless an individual does not comply with the
requirements of a program offered by the State agency (as defined in
section 3 of the Food and Nutrition Act of 2008) that meets the
standards of subparagraphs (B) or (C) of such section 6(o)(2).
(b)
Beginning on the month subsequent to the month the public health
emergency declaration by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act based on an outbreak
of COVID–19 is lifted for purposes of section 6(o) of the Food and
Nutrition Act of 2008, such State agency shall disregard any period
during which an individual received benefits under the supplemental
nutrition assistance program prior to such month.
(a) In the event of a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID–19)and the issuance of an emergency or disaster declaration by a
State based on an outbreak of COVID–19, the Secretary of Agriculture—
(1)
shall provide, at the request of a State agency (as defined in section 3
of the Food and Nutrition Act of 2008) that provides sufficient data
supporting such request, as determined by the Secretary, for emergency
allotments to households participating in the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 to address
temporary food needs not greater than the applicable maximum monthly
allotment for the household size; and
(2)
may adjust at the request of State agencies or in consultation with
State agencies, by guidance, issuance methods and application and
reporting requirements under the Food and Nutrition Act of 2008 to be
consistent with what is practicable under actual conditions in affected
areas. (In making this adjustment, the Secretary shall consider the
availability of offices and personnel in State agencies, any conditions
that make reliance on electronic benefit transfer systems described in
section 7(h) of the Food and Nutrition Act of 2008 impracticable, any
disruptions of transportation and communication facilities, and any
health considerations that warrant alternative approaches.)
(b) (1)
The Secretary of Agriculture shall make any requests submitted by
State agencies under subsection (a), the Secretary’s approval or denial
of such requests, and any guidance issued under subsection (a)(2)
publicly available on the website of the Department of Agriculture.
(2)
The Secretary of Agriculture shall post the information described in
paragraph (1) on the website of the Department of Agriculture not later
than 10 days after receipt or issuance of such information.
(c)
The Secretary of Agriculture shall, within 18 months after the public
health emergency declaration described in subsection (a) is lifted,
submit a report to the House and Senate Agriculture Committees with a
description of the measures taken to address the food security needs of
affected populations during the emergency, any information or data
supporting State agency requests, any additional measures that States
requested that were not approved, and recommendations for changes to the
Secretary’s authority under the Food and Nutrition Act of 2008 to
assist the Secretary and States and localities in preparations for any
future health emergencies.
SHORT TITLE
This Act may be cited as the “COVID-19 Health Care Worker Protection Act of 2020”.
FINDINGS
Congress finds the following:
(1)
The infectious disease COVID–19 presents a grave danger to health care
workers who are the first line of defense of the United States against
this epidemic.
(2)
Hundreds of health care workers in the United States have been infected
or quarantined due to exposure to patients with COVID–19. Surveys
conducted by health care worker unions and others have found that many
health care facilities are inadequately prepared to safely protect
health care workers who are exposed to the virus.
(3)
Inadequate infection control precautions have a detrimental impact on
health care workers, patients and the public, and if there is breakdown
in health care worker protections, the nation’s public health system is
placed at risk.
(4)
The Severe Acute Respiratory Syndrome (hereinafter referred to as
“SARS”) epidemic of 2003 and 2004 in Canada, which involved a
coronavirus, resulted in a disproportionately large number of infections
of both health care workers and patients in Ontario, Canada, hospitals
due to insufficient infection control procedures involving SARS.
(5)
The Occupational Safety and Health Administration began rulemaking on a
standard to protect health care workers from airborne and other
infectious diseases in 2009. In 2017, the Trump Administration suspended
work on this rulemaking, removing it from the active Regulatory Agenda.
(6)
The Centers for Disease Control and Prevention issued a document
entitled, “2007 Guideline for Isolation Precautions: Preventing
Transmission of Infectious Agents in Healthcare Settings” in July, 2007.
However, the guideline in such document is not binding.
(7)
Absent an enforceable standard, employers lack mandatory requirements
to implement an effective and ongoing infection and exposure control
program that provides protection to health care workers from COVID–19.
(8)
Section 6(c)(1) of the Occupational Safety and Health Act authorizes
the Occupational Safety and Health Administration to issue an “Emergency
Temporary Standard” if employees are exposed to grave danger from
harmful agents or new hazards and if an emergency standard is necessary
to protect employees from such danger. The widespread outbreak of
COVID–19 clearly satisfies these two conditions.
(9)
The Occupational Safety and Health Administration has received two
petitions in March 2020 calling on the Occupational Safety and Health
Administration to issue an Emergency Temporary Standard to protect
workers from COVID–19.
(10)
An Emergency Temporary Standard is necessary to ensure the immediate
protection of workers in health care workplaces and other high-risk
workplaces identified by the Centers for Disease Control and Prevention
and the Occupational Safety and Health Administration from infection
related to COVID–19.
TITLE I—COVID–19 EMERGENCY TEMPORARY STANDARD
COVID–19 EMERGENCY TEMPORARY STANDARD
(a) Emergency temporary standard.—Pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)),
not later than 1 month after the date of enactment of this Act, the
Secretary of Labor shall promulgate an emergency temporary standard to
protect from occupational exposure to SARS–CoV–2—
(1) employees of health care sector employers; and
(2)
employees in other sectors whom the Centers for Disease Control and
Prevention or the Occupational Safety and Health Administration
identifies as having elevated risk.
(b) Permanent standard.—Upon
publication of the emergency standard under subsection (a), the
Secretary of Labor shall commence a proceeding to promulgate a standard
under section 6(c)(3) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with respect to such emergency temporary standard.
(1)
require the employers of the employees described in subsection (a) to
develop and implement a comprehensive infectious disease exposure
control plan; and
(2)
at a minimum, be based on the precautions for severe acute respiratory
syndrome (SARS) in the “2007 Guideline for Isolation Precautions:
Preventing Transmission of Infectious Agents in Healthcare Settings” of
the Centers for Disease Control and Prevention and any subsequent
updates; and
(3)
provide no less protection for novel pathogens than precautions
mandated by standards adopted by a State plan that has been approved by
the Secretary of Labor under section 18 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 667).
TITLE II—AMENDMENTS TO THE SOCIAL SECURITY ACT
APPLICATION OF COVID–19 EMERGENCY TEMPORARY STANDARD TO CERTAIN FACILITIES RECEIVING MEDICARE FUNDS
(A) in subparagraph (X), by striking “and” at the end;
(B) in subparagraph (Y), by striking the period at the end and inserting “; and”; and
(C) by inserting after subparagraph (Y) the following new subparagraph:
“(Z)
in the case of hospitals that are not otherwise subject to the
Occupational Safety and Health Act of 1970 (or a State occupational
safety and health plan that is approved under section 18(b) of such Act)
and skilled nursing facilities that are not otherwise subject to such
Act (or such a State occupational safety and health plan), to comply
with the standards promulgated under section 101 of the Covid–19 Health
Care Worker Protection Act of 2020.”; and
(A)
in subparagraph (A), by inserting “and a hospital or skilled nursing
facility that fails to comply with the requirement of subsection
(a)(1)(Z) (relating to the standards promulgated under section 101 of
the Covid–19 Health Care Worker Protection Act of 2020)” after
“Bloodborne Pathogens Standard)”; and
(ii)
by inserting “(or, in the case of a failure to comply with the
requirement of subsection (a)(1)(Z), for a violation of the standards
referred to in such subsection by a hospital or skilled nursing
facility, as applicable, that is subject to the provisions of such Act)”
before the period at the end.
(b) Effective date.—The
amendments made by subsection (a) shall apply beginning on the date
that is 1 month after the date of promulgation of the emergency
temporary standard under section 101 of the COVID–19 Health Care Worker
Protection Act of 2020.
This division may be cited as the “Emergency Paid Leave Act of 2020”.
The Social Security Act is amended by inserting after title V the following:
“TITLE VI—Emergency Paid Leave Benefits
“In this title, the following definitions apply:
“(A) IN
GENERAL.—The term ‘emergency leave day’ means, with respect to an
individual, a calendar day in which the individual is not able to engage
in employment due to any of the following reasons:
“(i) The individual has a current diagnosis of COVID–19.
“(ii)
The individual is under quarantine (including self-imposed quarantine),
at the instruction of a health care provider, employer, or a local,
State, or Federal official, in order to prevent the spread of COVID–19.
“(iii)
The individual is engaged in caregiving for an individual who has a
current diagnosis of COVID–19 or is under quarantine as described in
clause (ii).
“(iv)
The individual is engaged in caregiving, because of the
COVID–19-related closing of a school or other care facility or care
program, for a child or other individual unable to provide self-care.
“(B) LIMITATION.—No calendar day may be treated as an emergency leave day with respect to an individual if the individual—
“(i)
received any form of compensation from an employer (other than State or
private paid leave), including wages or any form of accrued paid leave,
for such day; or
“(ii) was eligible for unemployment compensation for the week in which such day occurs.
“(2) COMMISSIONER.—The term ‘Commissioner’ means the Commissioner of Social Security.
“(3) ELIGIBLE
INDIVIDUAL.—The term ‘eligible individual’ means an individual who had
wages or self-employment income during the 30-day period ending on the
first emergency leave day with respect to such individual.
“(4) SELF-EMPLOYMENT INCOME.—The term ‘self-employment income’ has the meaning given the term in section 1402(b) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by section 1401(b) of such Code.
“(5) STATE.—The
term ‘State’ means any State of the United States or the District of
Columbia or any territory or possession of the United States.
“(6) STATE
OR PRIVATE PAID LEAVE.—The term ‘State or private paid leave’ means a
benefit which provides full or partial wage replacement to employees on
the basis of specifically defined qualifying events described in section
102 of the Family and Medical Leave Act of 1993 or defined by a written
employer policy or State law and which ends either when the qualifying
event is no longer applicable or a set period of benefits is exhausted.
“(A)
‘regular compensation’, ‘extended compensation’, and ‘additional
compensation’ (as such terms are defined by section 205 of the
Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and
“(B) assistance under section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177).
“(8) WAGES.—The term ‘wages’ has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code.
“(a) In general.—The
Commissioner shall pay an emergency paid leave benefit, to be paid
electronically or, if necessary, by mail, to each eligible individual
for each 30-day period beginning and ending in the benefit period (not
to exceed 3) for which the eligible individual has filed an application
containing such certifications as required under subsection (e).
“(1) IN
GENERAL.—Subject to paragraph (2), the amount of the emergency paid
leave benefit to which an individual is entitled under subsection (a)
for a 30-day period shall be an amount (not to exceed $4,000) equal to
2/3 of the individual’s average monthly earnings.
“(2) REDUCTION
BASED ON RECEIPT OF STATE OR PRIVATE PAID LEAVE.—The amount of an
emergency paid leave benefit to which an individual is entitled under
subsection (a) for a 30-day period shall be reduced by $1 for each
dollar of State or private paid leave received by the individual for
such period.
“(3) AVERAGE
MONTHLY EARNINGS.—For purposes of this subsection, an individual’s
average monthly earnings shall be equal to the quotient obtained by
dividing—
“(A)
the total of the wages and self-employment income received by the
individual during the most recent calendar year preceding an application
for an emergency paid leave benefit under this section for which data
is available to the Commissioner; by
“(B) 12.
“(c) Benefit period.—For
purposes of this section, the benefit period begins on January 19,
2020, and ends on the date that is 1 year after the date of enactment of
this title.
“(d) Retroactive benefits.—An
application for benefits for any month beginning and ending in the
benefit period may be filed at any time prior to the date that is 180
days after the end of such benefit period.
“(1) IN GENERAL.—An application for an emergency paid leave benefit under this section for a 30-day period shall include—
“(i) that he or she is an eligible individual;
“(ii)
that at least 14 emergency leave days with respect to the individual
occurred, or are expected to occur, during such period; and
“(iii)
that the individual has informed his or her employer of the
individual’s need to take emergency leave, if the individual has an
employer.
“(2) AVAILABILITY.—The Commissioner shall accept applications online, by telephone, and by mail.
“(3) AUTHENTICATION
OF IDENTITY.—The Commissioner is authorized to take such steps as are
necessary to authenticate the identity of applicants.
“(4) PENALTIES
FOR FRAUD.—Any fraud or misrepresentation relating to an application
for benefits under this title shall be treated as a violation of section
208.
“(1) INELIGIBILITY
FOLLOWING CERTAIN CONVICTIONS.—An individual who has been convicted of a
violation under section 208 or who has been found to have used false
statements to secure benefits under this section shall be ineligible for
benefits under this section.
“(2) INELIGIBILITY
OF PRISONERS.—An individual shall be ineligible for a benefit under
this section for any 30-day period with respect to which the individual
is an individual described in clause (i), (ii), or (iii) of section
202(x)(1)(A).
“(1) BURDEN
OF PROOF.—An application for benefits under this section shall be
presumed to be true and accurate, unless the Commissioner demonstrates
by a preponderance of the evidence that information contained in the
application is false.
“(A) IN
GENERAL.—An individual may request review of an adverse determination
with respect to such application or of a benefit payment determination
and shall have the same appeals rights as provided under title II.
“(B) FINAL
DETERMINATIONS.—All final determinations of the Commissioner under this
subsection shall be reviewable according to the procedures set out in
section 205.
“(3) PROGRAM
INTEGRITY.—The Commissioner shall have the authority to conduct random
sample audits of benefits provided under this title to ensure compliance
with the eligibility requirements for such benefits.
“(1) IN
GENERAL.—This title does not preempt or supercede any provision of
State or local law that authorizes a State or local municipality to
provide paid leave benefits similar to the benefits provided under this
title.
“(2) GREATER
BENEFITS ALLOWED.—Nothing in this title shall be construed to diminish
the obligation of an employer to comply with any contract, collective
bargaining agreement, or any employment benefit program or plan that
provides greater paid leave or other leave rights to employees than the
rights established under this title.
“(i) Reimbursement grants to States.—Not
later than July 1, 2021, the Secretary of the Treasury, in consultation
with the Commissioner of Social Security, shall make a grant to each
State in an amount equal to the total amount, for all 30-day periods
beginning and ending in the benefit period, by which benefits under this
title were reduced under subsection (b)(2) as a result of State and
private paid leave paid by such State or under the law of such State.
“(j) Applicability of certain title II provisions.—The
provisions of sections 204, 205, 206, and 208 shall apply to benefit
payments made under this section in the same way that such provisions
apply to benefit payments made under title II.
“(k) No effect on eligibility for SSI.—Any
benefit paid to an individual under this title shall not be regarded as
income or resources for any month, for purposes of determining the
eligibility of the recipient (or the recipient's spouse or family) for
benefits or assistance, or the amount or extent of benefits or
assistance, under the Supplemental Security Income program.
“(a) Funding.—There
are appropriated such sums as necessary to the Commissioner of Social
Security to administer and pay benefits under the program established
under this title, and to the Secretary of the Treasury for reimbursement
grants under section 602(i).
“(b) Expedited implementation authority.—In
order to expedite the implementation of the emergency paid leave
program under this title, the Commissioner is authorized to waive
existing Federal requirements regarding paperwork reduction, system of
records notices, contracting and acquisitions, and hiring.
“(c) Protection of existing employee rights.—This title does not preempt or supersede existing collective bargaining agreements.
“No
funds from the Federal Old-Age and Survivors Insurance Trust Fund or
the Federal Disability Insurance Trust Fund, or appropriated to the
Social Security Administration for the administration of titles II or
XVI, may be used for any purpose under this title.
“No
amount received by an individual under this title shall be included in
gross income for purposes of the Internal Revenue Code of 1986.”.
(a) Public health emergency leave.—Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following:
“(F)
During the 2-year period beginning on the date of the enactment of the
Emergency Paid Leave Act of 2020, because of a qualifying need related
to a public health emergency in accordance with section 110.”.
(b) Requirements.—Title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the following:
“(A) ELIGIBLE
EMPLOYEE.—In lieu of the definition in section 101(4)(A), the term
‘eligible employee’ means an individual who has been employed for at
least 30 days by the employer with respect to whom leave is requested
under section 102(a)(1)(F).
“(B) EMPLOYER
THRESHOLD.—Section 101(4)(A)(i) shall be applied by substituting ‘1 or
more employees’ for ‘50 or more employees for each working day during
each of 20 or more calendar workweeks in the current or preceding
calendar year’.
“(C) HEALTH CARE PROVIDER.—In section 101(6), the term ‘health care provider’ includes a nurse practitioner.
“(D) PARENT.—In lieu of the definition in section 101(7), the term ‘parent’, with respect to an employee, means any of the following:
“(i) A biological, foster, or adoptive parent of the employee.
“(ii) A stepparent of the employee.
“(iii) A parent-in-law of the employee.
“(iv) A parent of a domestic partner of the employee.
“(v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.
“(2) ADDITIONAL
DEFINITIONS.—In addition to the definitions described in paragraph (1),
the following definitions shall apply with respect to leave under
section 102(a)(1)(F):
“(A) QUALIFYING
NEED RELATED TO A PUBLIC HEALTH EMERGENCY.—The term ‘qualifying need
related to a public health emergency’, with respect to leave, means that
a public health emergency has been declared in a location that includes
the employee’s work (including the commuting route of the employee),
residence, or community, and the employee has a need for leave for one
of the following:
“(i)
To comply with a recommendation or order by a health authority having
jurisdiction or a health care provider on the basis that—
“(I) the physical presence of the employee on the job would jeopardize the health of others because of—
“(aa) the exposure of the employee to coronavirus; or
“(bb) exhibition of symptoms of coronavirus by the employee; and
“(II)
the employee is unable to both perform the functions of the position of
such employee and comply with such recommendation or order.
“(ii)
To care for a family member of an eligible employee with respect to
whom a health authority having jurisdiction or a health care provider
makes a determination that the presence of the family member in the
community would jeopardize the health of other individuals in the
community because of—
“(I) the exposure of such family member to coronavirus; or
“(II) exhibition of symptoms of coronavirus by such family member.
“(iii)
To care for the son or daughter of such employee if the school or place
of care has been closed, or the child care provider of such son or
daughter is unavailable, due to a public health emergency.
“(B) PUBLIC
HEALTH EMERGENCY.—The term ‘public health emergency’ means an emergency
with respect to coronavirus declared by a Federal, State, or local
authority.
“(C) CHILD
CARE PROVIDER.—The term ‘child care provider’ means a provider who
receives compensation for providing child care services on a regular
basis, including an ‘eligible child care provider’ (as defined in
section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)).
“(D) CORONAVIRUS.—The
term ‘coronavirus’ has the meaning given the term in section 506 of the
Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020.
“(E) SCHOOL.—The
term ‘school’ means an ‘elementary school’ or ‘secondary school’ as
such terms are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
“(i) A parent of the employee.
“(ii) A spouse of the employee.
“(iii) A sibling of the employee.
“(iv) Next of kin of the employee or a person for whom the employee is next of kin.
“(v) A son or daughter of the employee.
“(vi) A grandparent or grandchild of the employee.
“(1) IN
GENERAL.—Subject to paragraph (2), leave taken under section
102(a)(1)(F) may not be taken intermittently or on a reduced work
schedule.
“(2) CARE
FOR SON OR DAUGHTER.—Paragraph (1) shall not apply with respect to
leave taken for the purpose described in subsection (a)(2)(A)(iii) if
the son or daughter of the employee with respect to whom the subsection
applies has not been exposed to coronavirus.
“(1) IN
GENERAL.—An employee may elect to substitute any of the accrued
vacation leave, personal leave, or medical or sick leave for leave under
section 102(a)(1)(F) in accordance with section 102(d)(2)(B).
“(2) EMPLOYER
REQUIREMENT.—An employer may not require an employee to substitute any
leave as described in paragraph (1) for leave under section
102(a)(1)(F).
“(d) Notice.—In
any case where the necessity for leave under section 102(a)(1)(F) for
the purpose described in subsection (a)(2)(A)(iii) is foreseeable, an
employee shall provide the employer with such notice of leave as is
practicable.
“(1) IN
GENERAL.—An employer may require that a request for leave under section
102(a)(1)(F) be supported by documentation described in paragraph (2).
An employer may not require such documentation until not later than 3
weeks after the date on which the employee takes such leave.
“(A) With respect to leave taken for the purposes described in clause (i) or (ii) of subsection (a)(2)(A)—
“(i)
a recommendation or order from a health authority having jursidiction
or a health care provider that the relevant individual has symptoms of
coronavirus or should be quarantined; or
“(ii) documentation or evidence that the relevant individual has been exposed to coronavirus.
“(B)
With respect to leave taken for the purposes described in clause (iii)
of subsection (a)(2)(A), notice from the school, place of care, or child
care provider of the son or daughter of the employee of closure or
unavailability.
“(1) IN
GENERAL.—Section 104(a)(1) shall not apply with respect to an employee
of an employer who employs fewer than 25 employees if the conditions
described in paragraph (2) are met.
“(A) The employee takes leave under section 102(a)(1)(F).
“(B)
The position held by the employee when the leave commenced does not
exist due to economic conditions or other changes in operating
conditions of the employer—
“(i) that affect employment; and
“(ii) are caused by a public health crisis during the period of leave.
“(C)
The employer makes reasonable efforts to restore the employee to a
position equivalent to the position the employee held when the leave
commenced, with equivalent employment benefits, pay, and other terms and
conditions of employment.
“(D)
If the reasonable efforts of the employer under subparagraph (C) fail,
the employer makes reasonable efforts during the period described in
paragraph (3) to contact the employee if an equivalent position
described in subparagraph (C) becomes available.
“(3) CONTACT PERIOD.—The period described under this paragraph is the 1-year period beginning on the earlier of—
“(A) the date on which the qualifying need related to a public health emergency concludes; or
“(B) the date that is 12 weeks after the date on which the employee’s leave under section 102(a)(1)(F) commences.”.
This division may be cited as the “Emergency Unemployment Insurance Stabilization and Access Act of 2020”.
(a) In general.—Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following:
“Emergency Transfers In Fiscal Year 2020 For Administration
“(h) (1) (A)
In addition to any other amounts, the Secretary of Labor shall provide
for the making of emergency administration grants in fiscal year 2020 to
the accounts of the States in the Unemployment Trust Fund, by transfer
from amounts reserved for that purpose in the Federal unemployment
account, in accordance with succeeding provisions of this subsection.
“(B)
The amount of an emergency administration grant with respect to a State
shall, as determined by the Secretary of Labor, be equal to the amount
obtained by multiplying $1,000,000,000 by the same ratio as would apply
under subsection (a)(2)(B) for purposes of determining such State’s
share of any excess amount (as described in subsection (a)(1)) that
would have been subject to transfer to State accounts, as of October 1,
2019, under the provisions of subsection (a).
“(C) Of the emergency administration grant determined under subparagraph (B) with respect to a State—
“(i)
not later than 30 days after the date of enactment of this subsection,
50 percent shall be transferred to the account of such State upon a
certification by the Secretary of Labor to the Secretary of the Treasury
that the State meets the requirements of paragraph (2); and
“(ii)
only with respect to a State in which the number of unemployment
compensation claims has increased by at least 10 percent over the
previous calendar year, the remainder shall be transferred to the
account of such State upon a certification by the Secretary of Labor to
the Secretary of the Treasury that the State meets the requirements of
paragraph (3).
“(A)
The State requires employers to provide notification of the
availability of unemployment compensation to employees at the time of
separation from employment. Such notification may be based on model
language issued by the Secretary of Labor.
“(B)
The State ensures that applications for unemployment compensation, and
assistance with the application process, are accessible in at least two
of the following: in-person, by phone, or online.
“(C)
The State notifies applicants when an application is received and is
being processed, and in any case in which an application is unable to be
processed, provides information about steps the applicant can take to
ensure the successful processing of the application.
“(A)
The State has expressed its commitment to maintain and strengthen
access to the unemployment compensation system, including through
initial and continued claims.
“(B)
The State has demonstrated steps it has taken or will take to ease
eligibility requirements and access to unemployment compensation for
claimants, including waiving work search requirements and the waiting
week, and directly or indirectly relieving benefit charges for claimants
and employers directly impacted by COVID–19 due to an illness in the
workplace or direction from a public health official to isolate or
quarantine workers.
“(4)
Any amount transferred to the account of a State under this subsection
may be used by such State only for the administration of its
unemployment compensation law, including by taking such steps as may be
necessary to ensure adequate resources in periods of high demand.
“(5)
Not later than 1 year after the date of enactment of the Emergency
Unemployment Insurance Stabilization and Access Act of 2020, each State
receiving emergency administration grant funding under paragraph
(1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways
and Means of the House of Representatives, and the Committee on Finance
of the Senate, a report that includes—
“(A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time;
“(B) a description of steps the State intends to take to increase such recipiency rate.
“(6) (A)
Notwithstanding any other provision of law, the Secretary of the
Treasury shall transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the employment security
administration account (as established by section 901 of the Social
Security Act) such sums as the Secretary of Labor estimates to be
necessary for purposes of making the transfers described in paragraph
(1)(C).
“(B)
There are appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding sentence
and such sums shall not be required to be repaid.”.
(b) Emergency flexibility.—Notwithstanding
any other law, if a State modifies its unemployment compensation law
and policies (including with respect to work search, waiting week, good
cause, and employer experience rating) on an emergency temporary basis
as needed to respond to the spread of COVID–19, such modifications shall
be disregarded for the purposes of applying section 303 of the Social
Security Act and section 3304 of the Internal Revenue Code of 1986 to such State law.
(c) Regulations.—The
Secretary of Labor may prescribe any regulations, operating
instructions, or other guidance necessary to carry out the amendment
made by subsection (a).
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A))
is amended by striking “beginning on the date of enactment of this
paragraph and ending on December 31, 2010” and inserting “beginning on
the date of enactment of the Emergency Unemployment Insurance
Stabilization and Access Act of 2020 and ending on December 31, 2020”.
The
Secretary of Labor shall assist States in establishing, implementing,
and improving the employer awareness of short-time compensation programs
(as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance.
(a) In general.—In
the case of sharable extended compensation and sharable regular
compensation paid for weeks of unemployment beginning after the date of
the enactment of this section and before December 31, 2020 (and only
with respect to States that receive emergency administration grant
funding under clauses (i) and (ii) of section 903(h)(1)(C) of the Social
Security Act (42 U.S.C. 1102(h)(1)(C))), section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall be applied by substituting “100 percent of” for “one-half of”.
(b) Temporary federal matching for the first week of extended benefits for states with no waiting week.—With
respect to weeks of unemployment beginning after the date of the
enactment of this Act and ending on or before December 31, 2020,
subparagraph (B) of section 204(a)(2) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not apply.
(1)
the terms “sharable extended compensation” and “sharable regular
compensation” have the respective meanings given such terms under
section 204 of the Federal-State Extended Unemployment Compensation Act
of 1970; and
(2)
the term “week” has the meaning given such term under section 205 of
the Federal-State Extended Unemployment Compensation Act of 1970.
(d) Regulations.—The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section.
SHORT TITLE
This division may be cited as the “Paid Sick Days for Public Health Emergencies and Personal and Family Care Act”.
DEFINITIONS
In this Act:
(1) CHILD.—The
term “child” means a biological, foster, or adopted child, a stepchild,
a child of a domestic partner, a legal ward, or a child of a person
standing in loco parentis.
(A) IN
GENERAL.—The term “domestic partner”, with respect to an individual,
means another individual with whom the individual is in a committed
relationship.
(B) COMMITTED
RELATIONSHIP DEFINED.—The term “committed relationship” means a
relationship between 2 individuals, each at least 18 years of age, in
which each individual is the other individual’s sole domestic partner
and both individuals share responsibility for a significant measure of
each other’s common welfare. The term includes any such relationship
between 2 individuals, including individuals of the same sex, that is
granted legal recognition by a State or political subdivision of a State
as a marriage or analogous relationship, including a civil union or
domestic partnership.
(3) DOMESTIC
VIOLENCE.—The term “domestic violence” has the meaning given the term
in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)),
except that the reference in such section to the term “jurisdiction
receiving grant monies” shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the employer
involved is located. Such term also includes dating violence, as that
term is defined in such section.
(A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)),
who is not covered under subparagraph (E), including such an employee
of the Library of Congress, except that a reference in such section to
an employer shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph (5)(A); or
(ii) an employee of the Government Accountability Office;
(B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));
(C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section 411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code.
(II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;
(III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;
(IV) an employing office, as defined in section 411(c) of title 3, United States Code; or
(V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and
(ii)
engaged in commerce (including government), or an industry or activity
affecting commerce (including government), as defined in subparagraph
(B)(iii).
(I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 1 or more employees;
(aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and
(bb) any successor in interest of an employer;
(III) includes any “public agency”, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and
(IV) includes the Government Accountability Office and the Library of Congress.
(ii) PUBLIC
AGENCY.—For purposes of clause (i)(IV), a public agency shall be
considered to be a person engaged in commerce or in an industry or
activity affecting commerce.
(I) COMMERCE.—The
terms “commerce” and “industry or activity affecting commerce” mean any
activity, business, or industry in commerce or in which a labor dispute
would hinder or obstruct commerce or the free flow of commerce, and
include “commerce” and any “industry affecting commerce”, as defined in
paragraphs (1) and (3) of section 501 of the Labor Management Relations
Act, 1947 (29 U.S.C. 142 (1) and (3)).
(II) EMPLOYEE.—The term “employee” has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)).
(III) PERSON.—The term “person” has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)).
(C) PREDECESSORS.—Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.
(6) EMPLOYMENT
BENEFITS.—The term “employment benefits” means all benefits provided or
made available to employees by an employer, including group life
insurance, health insurance, disability insurance, sick leave, annual
leave, educational benefits, and pensions, regardless of whether such
benefits are provided by a practice or written policy of an employer or
through an “employee benefit plan”, as defined in section 3(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(A) (i)
is a doctor of medicine or osteopathy who is authorized to practice
medicine or surgery (as appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the Secretary to be capable of providing health care services; and
(B) is not employed by an employer for whom the provider issues certification under this Act.
(i) earned by an employee for use during an absence from employment for a reason described in any paragraph of section 3(b); or
(ii)
provided by an employer during a public health emergency for use during
an absence from employment for a reason described in any paragraph of
section 3(b); and
(i) the employee’s regular rate of pay;
(ii) the minimum wage rate provided for in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(iii)
the minimum wage rate provided for in the applicable State or local law
for the State or locality in which the employee is employed.
(9) PARENT.—The
term “parent” means a biological, foster, or adoptive parent of an
employee, a stepparent of an employee, parent-in-law, parent of a
domestic partner, or a legal guardian or other person who stood in loco
parentis to an employee when the employee was a child.
(A)
declared by the Secretary of Health and Human Services for a
jurisdiction, or by a State public health official with authority to
declare such an emergency for the State or jurisdiction within the
State; and
(ii) not a longstanding, chronic public health condition.
(11) SECRETARY.—The term “Secretary” means the Secretary of Labor.
(12) SEXUAL
ASSAULT.—The term “sexual assault” has the meaning given the term in
section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).
(13) SPOUSE.—The
term “spouse”, with respect to an employee, has the meaning given such
term by the marriage laws of the State in which the marriage was
celebrated.
(14) STALKING.—The term “stalking” has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).
(15) STATE.—The term “State” has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(16) VICTIM
SERVICES ORGANIZATION.—The term “victim services organization” means a
nonprofit, nongovernmental organization that provides assistance to
victims of domestic violence, sexual assault, or stalking or advocates
for such victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking prevention
or treatment program, an organization operating a shelter or providing
counseling services, or a legal services organization or other
organization providing assistance through the legal process.
PAID SICK TIME
(A) EARNING.—Subject
to subsection (c) and paragraph (2), an employer shall provide each
employee employed by the employer not less than 1 hour of earned paid
sick time for every 30 hours worked, to be used as described in
subsection (b).
(B) LIMIT.—An
employer shall not be required to permit an employee to earn, under
this subsection, more than 56 hours of paid sick time in a year, unless
the employer chooses to set a higher limit.
(A) IN
GENERAL.—Except as provided in paragraph (3), for purposes of this
subsection, an employee who is exempt from overtime requirements under
section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) shall be assumed to work 40 hours in each workweek.
(B) SHORTER
NORMAL WORKWEEK.—If the normal workweek of such an employee is less
than 40 hours, the employee shall earn paid sick time under this
subsection based upon that normal workweek.
(A) IN
GENERAL.—Employees shall begin to earn paid sick time under this
subsection at the commencement of their employment. An employee shall be
entitled to use the earned paid sick time beginning on the 60th
calendar day following commencement of the employee's employment. After
that 60th calendar day, the employee may use the paid sick time as the
time is earned. An employer may, at the discretion of the employer, loan
paid sick time to an employee for use by such employee in advance of
the employee earning such sick time as provided in this subsection and
may permit use before the 60th day of employment.
(B) PUBLIC
HEALTH EMERGENCY.—Subparagraph (A) shall not apply with respect to
additional paid sick time provided under subsection (c). In the event of
a public health emergency, an employee may immediately use the
additional or accrued paid sick time described in subsection (c),
regardless of how long the employee has been employed by an employer.
(A) IN
GENERAL.—Except as provided in subparagraph (B), paid sick time earned
under this subsection shall carry over from 1 year to the next.
(B) CONSTRUCTION.—This
subsection shall not be construed to require an employer to permit an
employee to earn more than 56 hours of earned paid sick time at a given
time.
(5) EMPLOYERS
WITH EXISTING POLICIES.—Any employer with a paid leave policy who makes
available an amount of paid leave that is sufficient to meet the
requirements of this subsection and that may be used for the same
purposes and under the same conditions as the purposes and conditions
outlined in subsection (b) shall not be required to permit an employee
to earn more paid sick time under this subsection.
(6) CONSTRUCTION.—Nothing
in this section shall be construed as requiring financial or other
reimbursement to an employee from an employer upon the employee’s
termination, resignation, retirement, or other separation from
employment for earned paid sick time that has not been used.
(A)
An employer signatory to a multiemployer collective bargaining
agreement may fulfill its obligations under this Act by making
contributions to a multiemployer fund, plan or program based on the
hours each of its employees accrues pursuant to this subsection (a)
while working under the multiemployer collective bargaining agreement,
provided that the fund, plan or program enables employees to secure pay
from such fund, plan or program based on hours they have worked under
the multiemployer collective bargaining agreement and for the uses
specified under subsections (b)(1), (2), (6) and (7).
(B)
Employees who work under a multiemployer collective bargaining
agreement into which their employers make contributions as provided in
subparagraph (A) may secure pay from such fund, plan or program based on
hours they have worked under the multiemployer collective bargaining
agreement for the uses specified under subsections (b)(1), (2), (6) and
(7).
(8) REINSTATEMENT.—If
an employee is separated from employment with an employer and is
rehired, within 12 months after that separation, by the same employer,
the employer shall reinstate the employee’s previously earned paid sick
time under this subsection. The employee shall be entitled to use the
earned paid sick time and earn more paid sick time at the recommencement
of employment with the employer.
(9) PROHIBITION.—An
employer may not require, as a condition of providing paid sick time
under this Act, that the employee involved search for or find a
replacement employee to cover the hours during which the employee is
using paid sick time.
(10) SCHEDULING.—An
employee shall make a reasonable effort to schedule a period of accrued
paid sick time under this subsection in a manner that does not unduly
disrupt the operations of the employer.
(1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee.
(3)
An absence resulting from the closure of an employee’s place of
employment by order of a Federal or State public official with
jurisdiction, or at the employer’s discretion, due to a public health
emergency.
(4)
An absence because a Federal or State public official with jurisdiction
or a health care provider has determined that the employee’s presence
in the community may jeopardize the health of others because of the
employee’s exposure to a communicable disease during a public health
emergency, regardless of whether the employee has actually contracted
the communicable disease.
(5)
An absence for the purpose of caring for a child, a parent, a spouse, a
domestic partner, or any other individual related by blood or affinity
whose close association with the employee is the equivalent of a family
relationship—
(A)
who is a child, if the child’s school or place of care has been closed
by order of a Federal or State public official with jurisdiction or at
the discretion of the school or place of care due to a public health
emergency, including if a school or entity operating the place of care
is physically closed but is providing education or care to the child
remotely; or
(B)
because a Federal or State public official with jurisdiction or a
health care provider has determined that the presence in the community
of the person receiving care may jeopardize the health of others because
of the person’s exposure to a communicable disease during a public
health emergency, regardless of whether the person has actually
contracted the communicable disease.
(6)
An absence for the purpose of caring for a child, a parent, a spouse, a
domestic partner, or any other individual related by blood or affinity
whose close association with the employee is the equivalent of a family
relationship—
(A) who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2);
(B)
who is a child, if the employee is required to attend a school meeting
or a meeting at a place where the child is receiving care necessitated
by the child’s health condition or disability; or
(C) who is otherwise in need of care.
(A)
seek medical attention for the employee or the employee’s child,
parent, spouse, domestic partner, or an individual related to the
employee as described in paragraph (6), to recover from physical or
psychological injury or disability caused by domestic violence, sexual
assault, or stalking;
(B) obtain or assist a related person described in paragraph (6) in obtaining services from a victim services organization;
(C) obtain or assist a related person described in paragraph (6) in obtaining psychological or other counseling;
(D) seek relocation; or
(E)
take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic
violence, sexual assault, or stalking.
(1) ADDITIONAL
PAID SICK TIME.—On the date of a declaration of a public health
emergency, an employer in the jurisdiction involved shall provide each
employee of the employer in that jurisdiction with additional paid sick
time, in addition to any amount of paid sick time accrued by the
employee under subsection (a) (including paid leave referred to in
subsection (a)(4)).
(2) AMOUNT OF PAID SICK TIME.—In receiving additional paid sick time under paragraph (1), the employee shall receive—
(A)
for a full-time salaried employee, a specified amount of paid sick time
that is sufficient to provide the employee with 14 continuous days away
from work without a reduction in pay; and
(B)
for a part-time or hourly employee, a specified amount of paid sick
time equal to the number of hours that the employee was scheduled to
work or, if not so scheduled, regularly works in a 14-day period.
(3) USE
OF LEAVE.—The additional sick time and accrued sick time described in
this subsection shall be available for immediate use by the employee for
the purposes described in any paragraph of subsection (b) beginning on
the date a public health emergency is declared, regardless of how long
the employee has been employed by an employer.
(4) SEQUENCING.—During
the public health emergency, an employee may first use the additional
sick time for those purposes. The employee may then use the accrued sick
time during the public health emergency, or retain the accrued sick
time for use after the public health emergency. An employer may not
require an employee to use the accrued sick time, or any other paid
leave provided by the employer to the employee, before using the
additional sick time.
(5) PERIODS.—An
employee may take the additional sick time on the schedule that meets
the employee's needs, consistent with subsection (b), including taking
the additional sick time intermittently or on a reduced leave schedule,
and an employer may not require an employee to take the additional sick
time in a single period or on any other schedule specified by the
employer.
(A) DEFINITION.—In this paragraph, the term “qualified employer” means an employer who employs 50 or fewer employees.
(B) REIMBURSEMENT.—A
qualified employer of an employee who uses additional paid sick time
under this subsection during a public health emergency shall be
reimbursed by the Secretary of the Treasury for the wages paid to the
employee for the period during which the employee used the additional
paid sick time.
(C) PROCESS.—To
be eligible to receive such reimbursement, the qualified employer shall
submit to the Secretary of Labor an affidavit that attests that the
employer provided such additional paid sick time, and related records
showing the period of and wages associated with the additional paid sick
time. On the Secretary's determination that the employer provided an
amount of such additional paid sick time to an employee, the Secretary
shall transmit the affidavit and records to the Secretary of the
Treasury, and that Secretary shall provide timely reimbursement.
(1) IN GENERAL.—Paid sick time shall be provided upon the oral or written request of an employee. Such request shall—
(A) include the expected duration of the period of such time;
(B)
in a case in which the need for such period of time is foreseeable at
least 7 days in advance of such period, be provided at least 7 days in
advance of such period; and
(C) otherwise, be provided as soon as practicable after the employee is aware of the need for such period.
(i) IN
GENERAL.—Subject to subparagraphs (C) and (D), an employer may require
that a request for paid sick time under this section for a purpose
described in paragraph (1), (2), or (6) of subsection (b) be supported
by a certification issued by the health care provider of the eligible
employee or of an individual described in subsection (b)(6), as
appropriate, if the period of such time covers more than 3 consecutive
workdays.
(ii) TIMELINESS.—The
employee shall provide a copy of such certification to the employer in a
timely manner, not later than 30 days after the first day of the period
of time. The employer shall not delay the commencement of the period of
time on the basis that the employer has not yet received the
certification.
(I) the date on which the period of time will be needed;
(II) the probable duration of the period of time;
(III)
the appropriate medical facts within the knowledge of the health care
provider regarding the condition involved, subject to clause (ii); and
(IV) (aa) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary;
(bb)
for purposes of such time under subsection (b)(2), the dates on which
testing for a medical diagnosis or care is expected to be given and the
duration of such testing or care; and
(cc)
for purposes of such time under subsection (b)(6), in the case of time
to care for someone who is not a child, a statement that care is needed
for an individual described in such subsection, and an estimate of the
amount of time that such care is needed for such individual.
(ii) LIMITATION.—In
issuing a certification under subparagraph (A), a health care provider
shall make reasonable efforts to limit the medical facts described in
clause (i)(III) that are disclosed in the certification to the minimum
necessary to establish a need for the employee to utilize paid sick
time.
(C) PUBLIC
HEALTH EMERGENCIES.—No certification or other documentation may be
required under this Act by an employer during any public health
emergency.
(D) REGULATIONS.—Regulations
prescribed under section 12 shall specify the manner in which an
employee who does not have health insurance shall provide a
certification for purposes of this paragraph.
(i) PROTECTED
HEALTH INFORMATION.—Nothing in this Act shall be construed to require a
health care provider to disclose information in violation of section
1177 of the Social Security Act (42 U.S.C. 1320d–6) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(ii) HEALTH
INFORMATION RECORDS.—If an employer possesses health information about
an employee or an employee’s child, parent, spouse, domestic partner, or
an individual related to the employee as described in subsection
(b)(6), such information shall—
(I) be maintained on a separate form and in a separate file from other personnel information;
(II) be treated as a confidential medical record; and
(III) not be disclosed except to the affected employee or with the permission of the affected employee.
(A) IN
GENERAL.—An employer may require that a request for paid sick time
under this section for a purpose described in subsection (b)(7) be
supported by any one of the following forms of documentation, but the
employer may not specify the particular form of documentation to be
provided:
(i)
A police report indicating that the employee, or a member of the
employee's family described in subsection (b)(7), was a victim of
domestic violence, sexual assault, or stalking.
(ii)
A court order protecting or separating the employee or a member of the
employee's family described in subsection (b)(7) from the perpetrator of
an act of domestic violence, sexual assault, or stalking, or other
evidence from the court or prosecuting attorney that the employee or a
member of the employee's family described in subsection (b)(7) has
appeared in court or is scheduled to appear in court in a proceeding
related to domestic violence, sexual assault, or stalking.
(iii)
Other documentation signed by an employee or volunteer working for a
victim services organization, an attorney, a police officer, a medical
professional, a social worker, an antiviolence counselor, or a member of
the clergy, affirming that the employee or a member of the employee's
family described in subsection (b)(7) is a victim of domestic violence,
sexual assault, or stalking.
(B) REQUIREMENTS.—The requirements of paragraph (2) shall apply to certifications under this paragraph, except that—
(i) subclauses (III) and (IV) of subparagraph (B)(i) and subparagraph (B)(ii) of such paragraph shall not apply;
(ii)
the certification shall state the reason that the leave is required
with the facts to be disclosed limited to the minimum necessary to
establish a need for the employee to be absent from work, and the
employee shall not be required to explain the details of the domestic
violence, sexual assault, or stalking involved; and
(iii)
with respect to confidentiality under subparagraph (E) of such
paragraph, any information provided to the employer under this paragraph
shall be confidential, except to the extent that any disclosure of such
information is—
(I) requested or consented to in writing by the employee; or
(II) otherwise required by applicable Federal or State law.
NOTICE REQUIREMENT
(a) In general.—Each
employer shall notify each employee and include in any employee
handbook the information described in paragraphs (1) through (4). Each
employer shall post and keep posted a notice, to be prepared or approved
in accordance with procedures specified in regulations prescribed under
section 12, setting forth excerpts from, or summaries of, the pertinent
provisions of this Act including—
(1) information describing paid sick time available to employees under this Act;
(2) information pertaining to the filing of an action under this Act;
(3) the details of the notice requirement for a foreseeable period of time under section 5(e)(1)(B); and
(A) the protections that an employee has in exercising rights under this Act; and
(B)
how the employee can contact the Secretary (or other appropriate
authority as described in section 6) if any of the rights are violated.
(1)
in conspicuous places on the premises of the employer, where notices to
employees (including applicants) are customarily posted; or
(2) in employee handbooks.
(c) Violation; penalty.—Any
employer who willfully violates the posting requirements of this
section shall be subject to a civil fine in an amount not to exceed $100
for each separate offense.
PROHIBITED ACTS
(1) EXERCISE
OF RIGHTS.—It shall be unlawful for any employer to interfere with,
restrain, or deny the exercise of, or the attempt to exercise, any right
provided under this Act, including—
(A)
discharging or discriminating against (including retaliating against)
any individual, including a job applicant, for exercising, or attempting
to exercise, any right provided under this Act;
(B)
using the taking of paid sick time under this Act as a negative factor
in an employment action, such as hiring, promotion, reducing hours or
number of shifts, or a disciplinary action; or
(C) counting the paid sick time under a no-fault attendance policy or any other absence control policy.
(2) DISCRIMINATION.—It
shall be unlawful for any employer to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, for opposing any practice made unlawful by
this Act.
(b) Interference with proceedings or inquiries.—It
shall be unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual—
(1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act;
(2)
has given, or is about to give, any information in connection with any
inquiry or proceeding relating to any right provided under this Act; or
(3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.
(c) Construction.—Nothing
in this section shall be construed to state or imply that the scope of
the activities prohibited by section 105 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2615) is less than the scope of the activities prohibited by this section.
ENFORCEMENT AUTHORITY
(A) the term “employee” means an employee described in subparagraph (A) or (B) of section 2(4); and
(B) the term “employer” means an employer described in subclause (I) or (II) of section 2(5)(A)(i).
(A) IN
GENERAL.—To ensure compliance with the provisions of this Act, or any
regulation or order issued under this Act, the Secretary shall have,
subject to subparagraph (C), the investigative authority provided under
section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with respect to employers, employees, and other individuals affected.
(B) OBLIGATION
TO KEEP AND PRESERVE RECORDS.—An employer shall make, keep, and
preserve records pertaining to compliance with this Act in accordance
with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations prescribed by the Secretary.
(C) REQUIRED
SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS.—The Secretary shall
not require, under the authority of this paragraph, an employer to
submit to the Secretary any books or records more than once during any
12-month period, unless the Secretary has reasonable cause to believe
there may exist a violation of this Act or any regulation or order
issued pursuant to this Act, or is investigating a charge pursuant to
paragraph (4).
(D) SUBPOENA
AUTHORITY.—For the purposes of any investigation provided for in this
paragraph, the Secretary shall have the subpoena authority provided for
under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
(A) RIGHT
OF ACTION.—An action to recover the damages or equitable relief
prescribed in subparagraph (B) may be maintained against any employer in
any Federal or State court of competent jurisdiction by one or more
employees or individuals or their representative for and on behalf of—
(i) the employees or individuals; or
(ii) the employees or individuals and others similarly situated.
(B) LIABILITY.—Any
employer who violates section 5 (including a violation relating to
rights provided under section 3) shall be liable to any employee or
individual affected—
(aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or
(bb)
in a case in which wages, salary, employment benefits, or other
compensation have not been denied or lost, any actual monetary losses
sustained as a direct result of the violation up to a sum equal to 56
hours of wages or salary for the employee or individual, or the
specified period described in section 3(c)(3), or a combination of those
hours and that period, as the case may be;
(II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and
(III) an additional amount as liquidated damages; and
(ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(C) FEES
AND COSTS.—The court in an action under this paragraph shall, in
addition to any judgment awarded to the plaintiff, allow a reasonable
attorney’s fee, reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
(A) ADMINISTRATIVE
ACTION.—The Secretary shall receive, investigate, and attempt to
resolve complaints of violations of section 5 (including a violation
relating to rights provided under section 3) in the same manner that the
Secretary receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
(B) CIVIL
ACTION.—The Secretary may bring an action in any court of competent
jurisdiction to recover the damages described in paragraph (3)(B)(i).
(C) SUMS
RECOVERED.—Any sums recovered by the Secretary pursuant to subparagraph
(B) shall be held in a special deposit account and shall be paid, on
order of the Secretary, directly to each employee or individual
affected. Any such sums not paid to an employee or individual affected
because of inability to do so within a period of 3 years shall be
deposited into the Treasury of the United States as miscellaneous
receipts.
(A) IN
GENERAL.—Except as provided in subparagraph (B), an action may be
brought under paragraph (3), (4), or (6) not later than 2 years after
the date of the last event constituting the alleged violation for which
the action is brought.
(B) WILLFUL
VIOLATION.—In the case of an action brought for a willful violation of
section 5 (including a willful violation relating to rights provided
under section 3), such action may be brought within 3 years of the date
of the last event constituting the alleged violation for which such
action is brought.
(C) COMMENCEMENT.—In
determining when an action is commenced under paragraph (3), (4), or
(6) for the purposes of this paragraph, it shall be considered to be
commenced on the date when the complaint is filed.
(6) ACTION
FOR INJUNCTION BY SECRETARY.—The district courts of the United States
shall have jurisdiction, for cause shown, in an action brought by the
Secretary—
(A)
to restrain violations of section 5 (including a violation relating to
rights provided under section 3), including the restraint of any
withholding of payment of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be due to employees
or individuals eligible under this Act; or
(B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(7) SOLICITOR
OF LABOR.—The Solicitor of Labor may appear for and represent the
Secretary on any litigation brought under paragraph (4) or (6).
(8) GOVERNMENT
ACCOUNTABILITY OFFICE AND LIBRARY OF CONGRESS.—Notwithstanding any
other provision of this subsection, in the case of the Government
Accountability Office and the Library of Congress, the authority of the
Secretary of Labor under this subsection shall be exercised respectively
by the Comptroller General of the United States and the Librarian of
Congress.
(b) Employees covered by Congressional Accountability Act of 1995.—The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of subsection (a)(1) of section 202 of that Act (2 U.S.C. 1312)
shall be the powers, remedies, and procedures this Act provides to that
Board, or any person, alleging an unlawful employment practice in
violation of this Act against an employee described in section 2(4)(C).
(c) Employees covered by chapter 5 of title 3, United States Code.—The powers, remedies, and procedures provided in chapter 5
of title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this Act against an employee described in section 2(4)(D).
(d) Employees covered by chapter 63 of title 5, United States Code.—The
powers, remedies, and procedures provided in title 5, United States
Code, to an employing agency, provided in chapter 12 of that title to
the Merit Systems Protection Board, or provided in that title to any
person, alleging a violation of chapter 63 of that title shall be the
powers, remedies, and procedures this Act provides to that agency, that
Board, or any person, respectively, alleging an unlawful employment
practice in violation of this Act against an employee described in
section 2(4)(E).
(1) WAIVER
OF SOVEREIGN IMMUNITY.—A State’s receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment to the
Constitution or otherwise, to a suit brought by an employee of that
program or activity under this Act for equitable, legal, or other relief
authorized under this Act.
(2) OFFICIAL
CAPACITY.—An official of a State may be sued in the official capacity
of the official by any employee who has complied with the procedures
under subsection (a)(3), for injunctive relief that is authorized under
this Act. In such a suit the court may award to the prevailing party
those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988).
(3) APPLICABILITY.—With
respect to a particular program or activity, paragraph (1) applies to
conduct occurring on or after the day, after the date of enactment of
this Act, on which a State first receives or uses Federal financial
assistance for that program or activity.
(4) DEFINITION
OF PROGRAM OR ACTIVITY.—In this subsection, the term “program or
activity” has the meaning given the term in section 606 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d–4a).
EDUCATION AND OUTREACH
The
Secretary may conduct a public awareness campaign to educate and inform
the public of the requirements for paid sick time required by this Act.
COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY
(a) Compilation of information.—The Commissioner of Labor Statistics shall annually compile information on the following:
(1) The amount of paid sick time available to employees by occupation and type of employment establishment.
(2) An estimate of the average sick time used by employees according to occupation and the type of employment establishment.
(b) GAO study.—Not
later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study to
evaluate the implementation of this Act. Such study shall include an
estimation of employees’ access to paid sick time, employees’ awareness
of their rights under this Act, and employers’ experiences complying
with this Act. Such study shall take into account access, awareness and
experiences of employees by race, ethnicity, gender, and occupation.
(c) Report.—Upon
completion of the study required by subsection (b), the Comptroller
General of the United States shall prepare and submit a report to the
appropriate committees of Congress concerning the results of the study
and the information compiled pursuant to subsection (a).
EFFECT ON OTHER LAWS
(a) Federal and State antidiscrimination laws.—Nothing
in this Act shall be construed to modify or affect any Federal or State
law prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, disability, sexual orientation, gender
identity, marital status, familial status, or any other protected
status.
(b) State and local laws.—Nothing
in this Act shall be construed to supersede (including preempting) any
provision of any State or local law that provides greater paid sick time
or leave rights (including greater amounts of paid sick time or leave,
or greater coverage of those eligible for paid sick time or leave) than
the rights established under this Act.
EFFECT ON EXISTING EMPLOYMENT BENEFITS
(a) More protective.—Nothing
in this Act shall be construed to diminish the obligation of an
employer to comply with any contract, collective bargaining agreement,
or any employment benefit program or plan that provides greater paid
sick leave or other leave rights to employees or individuals than the
rights established under this Act.
(b) Less protective.—The
rights established for employees under this Act shall not be diminished
by any contract, collective bargaining agreement, or any employment
benefit program or plan.
ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES
Nothing
in this Act shall be construed to discourage employers from adopting or
retaining leave policies more generous than policies that comply with
the requirements of this Act.
REGULATIONS
(1) AUTHORITY.—Except
as provided in paragraph (2) and subject to subsection (e), not later
than 180 days after the date of enactment of this Act, the Secretary
shall prescribe such regulations as are necessary to carry out this Act
with respect to employees described in subparagraph (A) or (B) of
section 2(4) and other individuals affected by employers described in
subclause (I) or (II) of section 2(5)(A)(i).
(2) GOVERNMENT
ACCOUNTABILITY OFFICE; LIBRARY OF CONGRESS.—Subject to subsection (e),
the Comptroller General of the United States and the Librarian of
Congress shall prescribe the regulations with respect to employees of
the Government Accountability Office and the Library of Congress,
respectively, and other individuals affected by the Comptroller General
of the United States and the Librarian of Congress, respectively.
(1) AUTHORITY.—Subject
to subsection (e), not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Board of Directors of
the Office of Compliance shall prescribe (in accordance with section 304
of the Congressional Accountability Act of 1995 (2 U.S.C. 1384))
such regulations as are necessary to carry out this Act with respect to
employees described in section 2(4)(C) and other individuals affected
by employers described in section 2(5)(A)(i)(III).
(2) AGENCY
REGULATIONS.—The regulations prescribed under paragraph (1) shall be
the same as substantive regulations promulgated by the Secretary to
carry out this Act except insofar as the Board may determine, for good
cause shown and stated together with the regulations prescribed under
paragraph (1), that a modification of such regulations would be more
effective for the implementation of the rights and protections involved
under this section.
(1) AUTHORITY.—Subject
to subsection (e), not later than 90 days after the Secretary
prescribes regulations under subsection (a), the President (or the
designee of the President) shall prescribe such regulations as are
necessary to carry out this Act with respect to employees described in
section 2(4)(D) and other individuals affected by employers described in
section 2(5)(A)(i)(IV).
(2) AGENCY
REGULATIONS.—The regulations prescribed under paragraph (1) shall be
the same as substantive regulations promulgated by the Secretary to
carry out this Act except insofar as the President (or designee) may
determine, for good cause shown and stated together with the regulations
prescribed under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights and
protections involved under this section.
(1) AUTHORITY.—Subject
to subsection (e), not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Director of the Office
of Personnel Management shall prescribe such regulations as are
necessary to carry out this Act with respect to employees described in
section 2(4)(E) and other individuals affected by employers described in
section 2(5)(A)(i)(V).
(2) AGENCY
REGULATIONS.—The regulations prescribed under paragraph (1) shall be
the same as substantive regulations promulgated by the Secretary to
carry out this Act except insofar as the Director may determine, for
good cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations would be
more effective for the implementation of the rights and protections
involved under this section.
(e) Immediate compliance.—The
rights and responsibilities specified in this Act shall take effect on
the date of enactment of this Act and employers and other persons
subject to those responsibilities shall comply immediately, without
regard whether regulations have been prescribed under this section.
AUTHORIZATION OF APPROPRIATIONS
There
are authorized to be appropriated to carry out this Act such sums as
may be necessary for fiscal year 2020 and each subsequent fiscal year.
EFFECTIVE DATES
(a) In general.—This Act takes effect on the date of enactment of this Act.
(b) Previous declarations.—If
a public health emergency was declared before and remains in effect on
the date of enactment of this Act, for purposes of this Act (and in
particular section 3(c) of this Act) the public health emergency shall
be considered to have been declared on the date of enactment of this
Act.
(a) In general.—A
group health plan and a health insurance issuer offering group or
individual health insurance coverage (including a grandfathered health
plan (as defined in section 1251(e) of the Patient Protection and
Affordable Care Act)) shall provide coverage, and shall not impose any
cost sharing (including deductibles, copayments, and coinsurance)
requirements or prior authorization or other medical management
requirements, for the following items and services furnished during any
portion of the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act:
(1)
In vitro diagnostic products (as defined in section 809.3(a) of title
21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the
diagnosis of the virus that causes COVID–19 that are approved, cleared,
or authorized under section 510(k), 513, 515 or 564 of the Federal Food,
Drug, and Cosmetic Act, and the administration of such in vitro
diagnostic products.
(2)
Health care provider office visits, urgent care center visits, and
emergency room visits that result in an order for or administration of
an in vitro diagnostic product described in paragraph (1).
(b) Enforcement.—The
provisions of subsection (a) shall be applied by the Secretary of
Health and Human Services, Secretary of Labor, and Secretary of the
Treasury to group health plans and health insurance issuers offering
group or individual health insurance coverage as if included in the
provisions of part A of title XXVII of the Public Health Service Act,
part 7 of the Employee Retirement Income Security Act of 1974, and
subchapter B of chapter 100 of the Internal Revenue Code of 1986, as applicable.
(c) Implementation.—The
Secretary of Health and Human Services, Secretary of Labor, and
Secretary of the Treasury may implement the provisions of this section
through sub-regulatory guidance, program instruction or otherwise.
(d) Terms.—The
terms “group health plan”; “health insurance issuer”; “group health
insurance coverage”, and “individual health insurance coverage” have the
meanings given such terms in section 2791 of the Public Health Service
Act (42 U.S.C. 300gg–91), section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable.
SEC. 102. Waiving cost sharing under the Medicare program for certain visits relating to testing for COVID–19.
(A) by striking “and” before “(CC)”; and
(B)
by inserting before the period at the end the following: “, and (DD)
with respect to a specified COVID–19 testing-related service described
in paragraph (1) of subsection (cc) for which payment may be made under a
specified outpatient payment provision described in paragraph (2) of
such subsection, the amounts paid shall be 100 percent of the payment
amount otherwise recognized under such respective specified outpatient
payment provision for such service,”;
(B)
by inserting before the period at the end the following: “, and (11)
such deductible shall not apply with respect to any specified COVID–19
testing-related service described in paragraph (1) of subsection (cc)
for which payment may be made under a specified outpatient payment
provision described in paragraph (2) of such subsection”; and
(3) by adding at the end the following new subsection:
“(A) IN GENERAL.—A specified COVID–19 testing-related service described in this paragraph is a medical visit that—
“(i) is in any of the categories of HCPCS evaluation and management service codes described in subparagraph (B);
“(ii)
is furnished during any portion of the emergency period (as defined in
section 1135(g)(1)(B) (beginning on or after the date of the date of the
enactment of this subsection); and
“(iii) results in an order for or administration of a diagnostic test described in section 1852(a)(1)(B)(iv)(IV).
“(B) CATEGORIES
OF HCPCS CODES.—For purposes of subparagraph (A), the categories of
HCPCS evaluation and management services codes are the following:
“(i) Office and other outpatient services.
“(ii) Hospital observation services.
“(iii) Emergency department services.
“(iv) Nursing facility services.
“(v) Domiciliary, rest home, or custodial care services.
“(vi) Home services.
“(2) SPECIFIED
OUTPATIENT PAYMENT PROVISION.—A specified outpatient payment provision
described in this paragraph is any of the following:
“(A) The hospital outpatient prospective payment system under subsection (t).
“(B) The physician fee schedule under section 1848.
“(C) The prospective payment system developed under section 1834(o).
“(D) Section 1834(g), with respect to an outpatient critical access hospital service.
“(E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services.”.
(b) Claims modifier.—The
Secretary of Health and Human Services shall provide for an appropriate
modifier (or other identifier) to include on claims to identify, for
purposes of subparagraph (DD) of section 1833(a)(1), as added by
subsection (a), specified COVID–19 testing-related services described in
paragraph (1) of section 1833(cc) of the Social Security Act, as added
by subsection (a), for which payment may be made under a specified
outpatient payment provision described in paragraph (2) of such
subsection.
(c) Implementation.—Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the provisions of, including amendments made by, this
section through program instruction or otherwise.
SECTION 103. Coverage of testing for COVID–19 at no cost sharing under the Medicare Advantage program.
(a) In general.—Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended—
(A) by redesignating subclause (IV) as subclause (VI); and
(B) by inserting after subclause (III) the following new subclauses:
“(IV)
Clinical diagnostic laboratory test administered during any portion of
the emergency period defined in paragraph (1)(B) of section 1135(g)
beginning on or after the date of the enactment of the Families First
Coronavirus Response Act for the detection of SARS–CoV–2 or the
diagnosis of the virus that causes COVID–19 and the administration of
such test.
“(V)
Specified COVID–19 testing-related services (as described in section
1833(cc)(1)) for which payment would be payable under a specified
outpatient payment provision described in section 1833(cc)(2).”;
(2) in clause (v), by inserting “, other than subclauses (IV) and (V) of such clause,” after “clause (iv)”; and
(3) by adding at the end the following new clause:
“(vi) PROHIBITION
OF APPLICATION OF CERTAIN REQUIREMENTS FOR COVID–19 TESTING.—In the
case of a product or service described in subclause (IV) or (V),
respectively, of clause (iv) that is administered or furnished during
any portion of the emergency period described in such subclause
beginning on or after the date of the enactment of this clause, an MA
plan may not impose any prior authorization or other utilization
management requirements with respect to the coverage of such a product
or service under such plan.”.
(b) Implementation.—Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendments made by this section by program instruction
or otherwise.
(A) by striking “other laboratory” and inserting “(A) other laboratory”;
(B) by inserting “and” after the semicolon; and
(C) by adding at the end the following new subparagraph:
“(B)
in vitro diagnostic products (as defined in section 809.3(a) of title
21, Code of Federal Regulations) administered during any portion of the
emergency period defined in paragraph (1)(B) of section 1135(g)
beginning on or after the date of the enactment of this subparagraph for
the detection of SARS–CoV–2 or the diagnosis of the virus that causes
COVID–19 that are approved, cleared, or authorized under section 510(k),
513, 515 or 564 of the Federal Food, Drug, and Cosmetic Act, and the
administration of such in vitro diagnostic products;”.
(A) IN GENERAL.—Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended—
(i) in subparagraph (D), by striking “or” at the end;
(ii) in subparagraph (E), by striking “; and” and inserting a comma; and
(iii) by adding at the end the following new subparagraphs:
“(F)
any in vitro diagnostic product described in section 1905(a)(3)(B) that
is administered during any portion of the emergency period described in
such section beginning on or after the date of the enactment of this
subparagraph (and the administration of such product), or
“(G)
any medical visit for which payment may be made under the State plan,
that is furnished during any such portion of such emergency period, and
that relates to testing for COVID–19; and”.
(B) APPLICATION TO ALTERNATIVE COST SHARING.—Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause:
“(xi)
Any in vitro diagnostic product described in section 1905(a)(3)(B) that
is administered during any portion of the emergency period described in
such section beginning on or after the date of the enactment of this
clause (and the administration of such product) and any visit described
in section 1916(a)(2)(G) that is furnished during any such portion.”.
(C) CLARIFICATION.—The
amendments made this paragraph shall apply with respect to a State plan
of a territory in the same manner as a State plan of one of the 50
States.
(I) in subclause (XXI), by striking “or” at the end;
(II) in subclause (XXII), by adding “or” at the end; and
(III) by adding at the end the following new subclause:
“(XXIII)
during any portion of the emergency period defined in paragraph (1)(B)
of section 1135(g) beginning on or after the date of the enactment of
this subclause, who are uninsured individuals (as defined in subsection
(ss));”; and
(I) by striking “and (XVII)” and inserting “, (XVII)”; and
(II)
by inserting after “instead of through subclause (VIII)” the following:
“, and (XVIII) the medical assistance made available to an uninsured
individual (as defined in subsection (ss)) who is eligible for medical
assistance only because of subparagraph (A)(ii)(XXIII) shall be limited
to medical assistance for any in vitro diagnostic product described in
section 1905(a)(3)(B) that is administered during any portion of the
emergency period described in such section beginning on or after the
date of the enactment of this subclause (and the administration of such
product) and any visit described in section 1916(a)(2)(G) that is
furnished during any such portion”.
(B) RECEIPT AND INITIAL PROCESSING OF APPLICATIONS AT CERTAIN LOCATIONS.—Section 1902(a)(55) of the Social Security Act (42 U.S.C. 1396a(a)(55))
is amended, in the matter preceding subparagraph (A), by striking “or
(a)(10)(A)(ii)(IX)” and inserting “(a)(10)(A)(ii)(IX), or
(a)(10)(A)(ii)(XXIII)”.
(C) UNINSURED INDIVIDUAL DEFINED.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:
“(ss) Uninsured individual defined.—For
purposes of this section, the term ‘uninsured individual’ means,
notwithstanding any other provision of this title, any individual who
is—
“(1) not described in subsection (a)(10)(A)(i); and
“(2)
not enrolled in a Federal health care program (as defined in section
1128B(f)), a group health plan, group or individual health insurance
coverage offered by a health insurance issuer (as such terms are defined
in section 2791 of the Public Health Service Act), or a health plan
offered under chapter 89 of title 5, United States Code.”.
(D) FEDERAL MEDICAL ASSISTANCE PERCENTAGE.—Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
is amended by adding at the end the following new sentence:
“Notwithstanding the first sentence of this section, the Federal medical
assistance percentage shall be 100 per centum with respect to (and,
notwithstanding any other provision of this title, available for)
medical assistance provided to uninsured individuals (as defined in
section 1902(ss)) who are eligible for such assistance only on the basis
of section 1902(a)(10)(A)(ii)(XXIII) and with respect to expenditures
described in section 1903(a)(7) that a State demonstrates to the
satisfaction of the Secretary are attributable to administrative costs
related to providing for such medical assistance to such individuals
under the State plan.”.
(1) IN GENERAL.—Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph:
“(9) CERTAIN
IN VITRO DIAGNOSTIC PRODUCTS FOR COVID–19 TESTING.—The child health
assistance provided to a targeted low-income child shall include
coverage of any in vitro diagnostic product described in section
1905(a)(3)(B) that is administered during any portion of the emergency
period described in such section beginning on or after the date of the
enactment of this subparagraph (and the administration of such
product).”.
(2) COVERAGE FOR TARGETED LOW-INCOME PREGNANT WOMEN.—Section 2112(b)(4) of the Social Security Act (42 U.S.C. 1397ll(b)(4)) is amended by inserting “under section 2103(c)” after “same requirements”.
(3) PROHIBITION OF COST SHARING.—Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended—
(A) in the paragraph header, by inserting “, COVID–19 testing,” before “or pregnancy-related assistance”; and
(B)
by striking “category of services described in subsection (c)(1)(D) or”
and inserting “categories of services described in subsection
(c)(1)(D), in vitro diagnostic products described in subsection (c)(9)
(and administration of such products), visits described in section
1916(a)(2)(G), or”.
(a) Reimbursement.—Through the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11),
and in coordination with the Administrator of the Centers for Medicare
& Medicaid Services, the Secretary of Health and Human Services
shall, subject to the availability of appropriations under subsection
(c), pay the claims of laboratories for reimbursement, as described in
subsection (a)(3)(D) of such section 2812, for health services
consisting of diagnostic testing to detect or diagnose COVID–19 in
uninsured individuals. The amount that will be paid shall be equal to
the amount that would have been paid to a physician or laboratory under
Clinical Laboratory Fee Schedule under section 1833(h)(8) of the Social
Security Act.
(b) Definition.—In this section, the term “uninsured individual” means an individual who is not enrolled in—
(1) a Federal health care program (as defined under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f)); or
(2)
a group health plan or health insurance coverage offered by a health
insurance issuer in the group or individual market (as such terms are
defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91)) or a health plan offered under chapter 89 of title 5, United States Code.
(c) Funding.—To
carry out this section, there is authorized to be appropriated, and
there is hereby appropriated, out of amounts in the Treasury not
otherwise obligated, $1,000,000,000, to remain available until expended.
Section 319F–3(i)(1) of the Public Health Service Act (42 U.S.C. 247d–6d(i)(1)) is amended—
(1) in subparagraph (B), by striking “or” at the end; and
(2) in subparagraph (C), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following new subparagraph:
“(i)
approved by the National Institute for Occupational Safety and Health
under part 84 of title 42, Code of Federal Regulations (or successor
regulations);
“(ii)
subject to the emergency use authorization issued by the Secretary on
March 2, 2020, or subsequent emergency use authorizations, pursuant to
section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing
emergency use of personal respiratory protective devices during the
COVID–19 outbreak); and
“(iii)
used during the period beginning on January 31, 2020, and ending on
October 1, 2024, in response to the public health emergency declared on
January 31, 2020, pursuant to section 319 as a result of confirmed cases
of 2019 Novel Coronavirus (2019-nCoV).”.
SEC. 107. Application with respect to Tricare, coverage for veterans, and coverage for Federal civilians.
(a) Tricare.—The Secretary of Defense may not require any copayment or other cost sharing under chapter 55
of title 10, United States Code, for in vitro diagnostic products
described in paragraph (1) of section 101(a) (or the administration of
such products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act.
(b) Veterans.—The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17
of title 38, United States Code, for in vitro diagnostic products
described in paragraph (1) of section 101(a) (or the adminsitration of
such products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act.
(c) Federal civilians.—No
copayment or other cost sharing may be required for any individual
occupying a position in the civil service (as that term is defined in
section 2101(1) of title 5, United States Code) enrolled in a health
benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for diagnostic tests” after “including any plan under chapter 89
of title 5, United States Code), for in vitro diagnostic products
described in paragraph (1) of section 101(a) (or the administration of
such products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act.
SEC. 108. Coverage of testing for COVID–19 at no cost sharing for Indians receiving contract health services.
The
Secretary of Health and Human Services shall cover, without the
imposition of any cost sharing requirements, the cost of providing any
COVID-19 related items and services as described in paragraph (1) of
section 101(a) (or the administration of such products) or visits
described in paragraph (2) of such section furnished during any portion
of the emergency period defined in paragraph (1)(B) of section 1135(g)
of the Social Security Act (42 U.S.C. 320b–5(g))
beginning on or after the date of the enactment of this Act to Indians
(as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603))
receiving health services through the Indian Health Service, regardless
of whether such items or services have been authorized under the
contract health services system funded by the Indian Health Service or
is covered as a health service of the Indian Health Service.
(a) In general.—Subject
to subsection (b), for each calendar quarter occurring during the
period beginning on the first day of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g))
and ending on the last day of the calendar quarter in which the last
day of such emergency period occurs, the Federal medical assistance
percentage determined for each State, including the District of
Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and the United States Virgin Islands, under
section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall be increased by 8 percentage points.
(b) Requirement for all States.—A
State described in subsection (a) may not receive the increase
described in such subsection in the Federal medical assistance
percentage for such State, with respect to a quarter, if—
(1)
eligibility standards, methodologies, or procedures under the State
plan of such State under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act (42 U.S.C. 1315))
are more restrictive during such quarter than the eligibility standards
methodologies, or procedures, respectively, under such plan (or waiver)
as in effect on January 1, 2020;
(2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act (42 U.S.C. 1396o,
1396o–1) during such quarter, with respect to an individual enrolled
under such plan (or waiver), exceeds the amount of such premium as of
January 1, 2020;
(3)
the State terminates or denies the enrollment of any individual under
such plan (or waiver) during such quarter for a reason other than a
failure to satisfy financial, categorical, and State residency
requirements (as applicable) under such plan (or waiver);
(4)
the State does not provide coverage under such plan (or waiver),
without the imposition of cost sharing, during such quarter for any
testing services and treatments for COVID–19, including vaccines,
specialized equipment, and therapies; or
(5)
the State conducts during such quarter periodic income checks,
including automated income checks, or eligibility redeterminations under
such plan (or waiver) at a rate more frequent than once every 12
months.
(c) Requirement for certain States.—Section 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc))
is amended by striking “American Recovery and Reinvestment Act of
2009.” and inserting “and section 109 of the Families First Coronavirus
Response Act, except that in applying such treatments to the increases
in the Federal medical assistance percentage under section 109 of the
Families First Coronavirus Response Act, the reference to ‘December 31, 2009’ shall be deemed to be a reference to ‘March 11, 2020’.”.
Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended—
(ii)
in clause (ii), by striking “for each of fiscal years 2020 through
2021, $126,000,000;” and inserting “for fiscal year 2020, $129,500,000;
and”; and
(ii)
in clause (ii), by striking “for each of fiscal years 2020 through
2021, $127,000,000;” and inserting “for fiscal year 2020, $132,000,000;
and”; and
(ii)
in clause (ii), by striking “for each of fiscal years 2020 through
2021, $60,000,000; and” and inserting “for fiscal year 2020,
$64,000,000; and”; and
(iii) by adding at the end the following new clause:
“(iii) for fiscal year 2021, $63,000,000; and”; and
(ii)
in clause (ii), by striking “for each of fiscal years 2020 through
2021, $84,000,000.” and inserting “for fiscal year 2020, $87,000,000;
and”; and
(iii) by adding at the end the following new clause:
“(iii) for fiscal year 2021, $86,000,000.”; and
(A) in clause (i), by striking “$2,623,188,000” and inserting “$2,743,188,000”; and
(B) in clause (ii), by striking “$2,719,072,000” and inserting “$2,804,072,000”.
BUDGETARY EFFECTS
(a) Statutory PAYGO scorecards.—The
budgetary effects of division B and each succeeding division shall not
be entered on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO scorecards.—The
budgetary effects of division B and each succeeding division shall not
be entered on any PAYGO scorecard maintained for purposes of section
4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of budgetary effects.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint
explanatory statement of the committee of conference accompanying
Conference Report 105–217 and section 250(c)(8) of the Balanced Budget
and Emergency Deficit Control Act of 1985, the budgetary effects of
division B and each succeeding division shall not be estimated—
(1) for purposes of section 251 of such Act; and
(2)
for purposes of paragraph (4)(C) of section 3 of the Statutory
Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
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