Saturday, March 14, 2020

Multiplici miraculo Deus gloriosum--The Text of HR 6201, “Families First Coronavirus Response Act” in the Wake of the Declaration of National Emergency



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. (, 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
section 1.
This Act may be cited as the “Families First Coronavirus Response Act”.
    TABLE OF CONTENTS
Sec. 2.
The table of contents is as follows:


    REFERENCES
Sec. 3.
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.











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 IMaintaining Essential Access to Lunch for Students Act
SEC. 101. Short title.
This title may be cited as the “Maintaining Essential Access to Lunch for Students Act” or the “MEALS Act”.
SEC. 102. Waiver exception for school closures due to COVID–19.
(a) In general.—The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply to a qualified COVID–19 waiver.





TITLE IICOVID—19 Child Nutrition Response Act
SEC. 201. Short title.
This title may be cited as the “COVID–19 Child Nutrition Response Act”.
SEC. 202. National school lunch program requirement waivers addressing COVID–19.
(a) Nationwide waiver.—
(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may establish a waiver for all States under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), for purposes of—
(A) providing meals and meal supplements under a qualified program; and
















TITLE IIISNAP Waivers
SEC. 301. SNAP Flexibility for low-Income jobless workers.
(a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2).





    SHORT TITLE
Sec. 1.
This Act may be cited as the “COVID-19 Health Care Worker Protection Act of 2020”.
    FINDINGS
Sec. 2.
Congress finds the following:











TITLE ICOVID–19 EMERGENCY TEMPORARY STANDARD
    COVID–19 EMERGENCY TEMPORARY STANDARD
Sec. 101.
(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






TITLE IIAMENDMENTS TO THE SOCIAL SECURITY ACT
    APPLICATION OF COVID–19 EMERGENCY TEMPORARY STANDARD TO CERTAIN FACILITIES RECEIVING MEDICARE FUNDS
Sec. 201.
(a) In general.—Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (X), by striking “and” at the end;







SEC. 101. Short title.
This division may be cited as the “Emergency Paid Leave Act of 2020”.
SEC. 102. Emergency paid leave benefits.
The Social Security Act is amended by inserting after title V the following:
“TITLE VIEmergency Paid Leave Benefits
“SEC. 601. Definitions.
“In this title, the following definitions apply:

















































































SEC. 101. Short title.
This division may be cited as the “Emergency Unemployment Insurance Stabilization and Access Act of 2020”.
SEC. 102. Emergency transfers for unemployment compensation administration.
(a) In general.—Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following:
“Emergency Transfers In Fiscal Year 2020 For Administration
“(h) (1) (A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund, 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).


















    SHORT TITLE
Sec. 101.
This division may be cited as the “Paid Sick Days for Public Health Emergencies and Personal and Family Care Act”.
    DEFINITIONS
Sec. 102.
In this Act:










































    PAID SICK TIME
Sec. 103.
(a) Earning of paid sick time.—
(1) IN GENERAL.—
(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).





























































    NOTICE REQUIREMENT
Sec. 104.
(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;







    PROHIBITED ACTS
Sec. 105.
(a) Interference with rights.—
(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;







    ENFORCEMENT AUTHORITY
Sec. 106.
(a) In general.—
(1) DEFINITION.—In this subsection—
(A) the term “employee” means an employee described in subparagraph (A) or (B) of section 2(4); and






























    EDUCATION AND OUTREACH
Sec. 107.
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
Sec. 108.
(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.



    EFFECT ON OTHER LAWS
Sec. 109.
(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.

    EFFECT ON EXISTING EMPLOYMENT BENEFITS
Sec. 110.
(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.

    ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES
Sec. 111.
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
Sec. 112.
(a) In general.—
(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).








    AUTHORIZATION OF APPROPRIATIONS
Sec. 113.
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
Sec. 114.
(a) In general.—This Act takes effect on the date of enactment of this Act.


SEC. 101. Coverage of testing for COVID–19.
(a) In general.—A group health plan and a health insurance issuer offering group or individual health insurance coverage (including a grandfathered health plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act)) shall provide coverage, and shall not impose any cost sharing (including deductibles, copayments, and coinsurance) requirements or prior authorization or other medical management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act:
(1) In vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or authorized under section 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic Act, and the administration of such in vitro diagnostic products.























































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.























    BUDGETARY EFFECTS
Sec. 101.
(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.



(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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