[Congressional Record Volume 166, Number 49 (Friday, March 13, 2020)]
[House]
[Pages H1675-H1691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAMILIES FIRST CORONAVIRUS RESPONSE ACT
Mrs. LOWEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6201) making emergency supplemental appropriations for the
fiscal year ending September 30, 2020, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6201
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families First Coronavirus
Response Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
[[Page H1676]]
DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
DIVISION B--NUTRITION WAIVERS
DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
DIVISION E--EMERGENCY PAID SICK LEAVE ACT
DIVISION F--HEALTH PROVISIONS
DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE
DIVISION H--BUDGETARY EFFECTS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020, and for other
purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children'',
$500,000,000, to remain available through September 30, 2021:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
COMMODITY ASSISTANCE PROGRAM
For an additional amount for the ``Commodity Assistance
Program'' for the emergency food assistance program as
authorized by section 27(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)),
$400,000,000, to remain available through September 30, 2021:
Provided, That of the funds made available, the Secretary may
use up to $100,000,000 for costs associated with the
distribution of commodities: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 1101. (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.
(h) Definitions.--In this section:
(1) The term ``eligible child'' means a child (as defined
in section 12(d) or served under section 11(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d), 1759(a)(1)) who, if not for the closure of the
school attended by the child during a public health emergency
designation and due to concerns about a COVID-19 outbreak,
would receive free or reduced price school meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 175l
et seq.) at the school.
(2) The term ``public health emergency designation'' means
the declaration of a public health emergency, based on an
outbreak of SARS-CoV-2 or another coronavirus with pandemic
potential, by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act (42 U.S.C.
247d).
(3) The term ``school'' has the meaning given the term in
section 12(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(d)).
(i) Funding.--There are hereby appropriated to the
Secretary of Agriculture such amounts as are necessary to
carry out this section: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 1102. In addition to amounts otherwise made available,
$100,000,000, to remain available through September 30, 2021,
shall be available for the Secretary of Agriculture to
provide grants to the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and American Samoa for nutrition
assistance in response to a COVID-19 public health emergency:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE II
DEPARTMENT OF DEFENSE
DEFENSE HEALTH PROGRAM
For an additional amount for ``Defense Health Program'',
$82,000,000, to remain available until September 30, 2022,
for health services consisting of SARS-CoV-2 or COVID-19
related items and services as described in section 6006(a) of
division F of the Families First Coronavirus Response Act (or
the administration of such products): Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE III
DEPARTMENT OF THE TREASURY
Internal Revenue Service
TAXPAYER SERVICES
For an additional amount for ``Taxpayer Services'',
$15,000,000, to remain available until September 30, 2022,
for the purposes of carrying out the Families First
Coronavirus Response Act: Provided, That amounts provided
under this heading in this Act may be transferred to and
merged with ``Operations Support'': Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Indian Health Services
For an additional amount for ``Indian Health Services'',
$64,000,000, to remain available until September 30, 2022,
for health services consisting of SARS-CoV-2 or COVID-19
related items and services as described in section 6007 of
division F of the Families First Coronavirus Response Act (or
the administration of such products): Provided, That such
amounts shall be allocated at the discretion of the Director
of the Indian Health Service: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living
AGING AND DISABILITY SERVICES PROGRAMS
For an additional amount for ``Aging and Disability
Services Programs'', $250,000,000, to remain available until
September 30, 2021, for activities authorized under subparts
1 and 2 of part C, of title III, and under title VI, of the
Older Americans Act of 1965 (``OAA''), of which $160,000,000
shall be for Home-Delivered Nutrition Services, $80,000,000
shall be for Congregate Nutrition Services, and $10,000,000
shall be for Nutrition Services for Native Americans:
Provided, That State matching requirements under sections
304(d)(1)(D) and 309(b)(2) of the OAA shall not apply to
funds made available under this heading in this Act: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for ``Public Health and Social
Services Emergency
[[Page H1677]]
Fund'', $1,000,000,000, to remain available until expended,
for activities authorized under section 2812 of the Public
Health Service Act (42 U.S.C. 300hh-11), in coordination with
the Administrator of the Centers for Medicare & Medicaid
Services, to pay the claims of providers for reimbursement,
as described in subsection (a)(3)(D) of such section 2812,
for health services consisting of SARS-CoV-2 or COVID-19
related items and services as described in paragraph (1) of
section 6001(a) of division F of the Families First
Coronavirus Response Act (or the administration of such
products) or visits described in paragraph (2) of such
section for uninsured individuals: Provided, That the term
``uninsured individual'' in this paragraph means an
individual who is not enrolled in--
(1) a Federal health care program (as defined under section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)),
including an individual who is eligible for medical
assistance only because of subsection (a)(10)(A)(ii)(XXIII)
of Section 1902 of the Social Security Act; or
(2) a group health plan or health insurance coverage
offered by a health insurance issuer in the group or
individual market (as such terms are defined in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91)), or a
health plan offered under chapter 89 of title 5, United
States Code:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL SERVICES
For an additional amount for ``Medical Services'',
$30,000,000, to remain available until September 30, 2022,
for health services consisting of SARS-CoV-2 or COVID-19
related items and services as described in section 6006(b) of
division F of the Families First Coronavirus Response Act (or
the administration of such products): Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
MEDICAL COMMUNITY CARE
For an additional amount for ``Medical Community Care'',
$30,000,000, to remain available until September 30, 2022,
for health services consisting of SARS-CoV-2 or COVID-19
related items and services as described in section 6006(b) of
division F of the Families First Coronavirus Response Act (or
the administration of such products): Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE VII
GENERAL PROVISIONS--THIS ACT
Sec. 1701. 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. 1702. States and local governments receiving funds or
assistance pursuant to this division shall ensure the
respective State Emergency Operations Center receives regular
and real-time reporting on aggregated data on testing and
results from State and local public health departments, as
determined by the Director of the Centers for Disease
Control, and that such data is transmitted to the Centers for
Disease Control.
Sec. 1703. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 1704. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1705. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2020.
Sec. 1706. Each amount designated in this Act by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded
or transferred, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 1707. Any amount appropriated by this Act, designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and subsequently so designated by
the President, and transferred pursuant to transfer
authorities provided by this Act shall retain such
designation.
This division may be cited as the ``Second Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020''.
DIVISION B--NUTRITION WAIVERS
TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Maintaining Essential
Access to Lunch for Students Act'' or the ``MEALS Act''.
SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-
19.
(a) In general.--The requirements under section
12(l)(1)(A)(iii) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply to a
qualified COVID-19 waiver.
(b) Allowable Increase in Federal Costs.--Notwithstanding
paragraph (4) of section 12(l) of the Richard B. Russell
National School Lunch Act (42 U.S.C.18 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
121(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
SEC. 2201. SHORT TITLE.
This title may be cited as the ``COVID-19 Child Nutrition
Response Act''.
SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS
ADDRESSING COVID-19.
(a) Nationwide waiver.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may establish a waiver for all States
under section 12(l) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(l)), for purposes of--
(A) providing meals and meal supplements under a qualified
program; and
(B) carrying out subparagraph (A) with appropriate safety
measures with respect to COVID-19, as determined by the
Secretary.
(2) State election.--A waiver established under paragraph
(1) shall--
(A) notwithstanding paragraph (2) of section 12(l) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)), apply automatically to any State that elects to be
subject to the waiver without further application; and
(B) not be subject to the requirements under paragraph (3)
of such section.
(b) Child and Adult Care Food Program Waiver.--
Notwithstanding any other provision of law, the Secretary may
grant a waiver under section 12(l) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 23 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.
(f) Definitions.--In this section:
(1) Qualified program.--The term ``qualified program''
means the following:
(A) The school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(B) The school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
(C) The child and adult care food program under section 17
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766).
(D) The summer food service program for children under
section 13 of the Richard B.
[[Page H1678]]
Russell National School Lunch Act (42 U.S.C. 1761).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN
PUBLIC HEALTH EMERGENCIES.
(a) Waiver Authority.----
(1) In general.--Notwithstanding any other provision of
law, the Secretary may grant a request described in paragraph
(2) to--
(A) waive the requirement under section 17(d)(3)(C)(i) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i));
and
(B) defer anthropometric and bloodwork requirements
necessary to determine nutritional risk.
(2) Request.--A request described in this paragraph is a
request made to the Secretary by a State agency to waive, on
behalf of the local agencies served by such State agency, the
requirements described in paragraph (1) during any portion of
the emergency period (as defined in paragraph (1)(B) of
section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
5(g)) (beginning on or after the date of the enactment of
this section).
(b) Reports.--
(1) Local Agency Reports.--Each local agency that uses a
waiver pursuant to subsection (a) shall, not later than 1
year after the date such local agency uses such waiver,
submit a report to the State agency serving such local agency
that includes the following:
(A) A summary of the use of such waiver by the local
agency.
(B) A description of whether such waiver resulted in
improved services to women, infants, and children.
(2) State agency reports.--Each State agency that receives
a waiver under subsection (a) shall, not later than 18 months
after the date such State agency received such waiver, submit
a report to the Secretary that includes the following:
(A) A summary of the reports received by the State agency
under paragraph (1).
(B) A description of whether such waiver resulted in
improved services to women, infants, and children.
(c) Sunset.--The authority under this section shall expire
on September 30, 2020.
(d) Definitions.--In this section:
(1) Local agency.--The term ``local agency'' has the
meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
(2) Nutritional risk.--The term ``nutritional risk'' has
the meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State agency.-- The term ``State agency'' has the
meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
SEC. 2204. ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC.
(a) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture may, if requested by a
State agency (as defined in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)), modify or waive
any qualified administrative requirement with respect to such
State agency.
(2) Qualified administrative requirement.--In this section,
the term ``qualified administrative requirement'' means a
regulatory requirement issued under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary of
Agriculture determines--
(A) cannot be met by a State agency due to COVID-19; and
(B) the modification or waiver of which is necessary to
provide assistance under such section.
(b) State Agency Reports.--Each State agency that receives
a waiver under subsection (a)(1) shall, not later than 1 year
after the date such State agency received such waiver, submit
a report to the Secretary of Agriculture that includes the
following:
(1) A summary of the use of such waiver by the State
agency.
(2) A description of whether such waiver resulted in
improved services to women, infants, and children.
(c) Sunset.--The authority under this section shall expire
on September 30, 2020.
TITLE III--SNAP WAIVERS
SEC. 2301. 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).
(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.
SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH
EMERGENCY.
(a) In the event of a public health emergency declaration
by the Secretary of Health and Human Services under section
319 of the Public Health Service Act based on an outbreak of
coronavirus disease 2019 (COVID-19) and the issuance of an
emergency or disaster declaration by a State based on an
outbreak of COVID-19, the Secretary of Agriculture--
(1) shall provide, at the request of a State agency (as
defined in section 3 of the Food and Nutrition Act of 2008)
that provides sufficient data (as determined by the Secretary
through guidance) supporting such request, for emergency
allotments to households participating in the supplemental
nutrition assistance program under the Food and Nutrition Act
of 2008 to address temporary food needs not greater than the
applicable maximum monthly allotment for the household size;
and
(2) may adjust, at the request of State agencies or by
guidance in consultation with one or more State agencies,
issuance methods and application and reporting requirements
under the Food and Nutrition Act of 2008 to be consistent
with what is practicable under actual conditions in affected
areas. (In making this adjustment, the Secretary shall
consider the availability of offices and personnel in State
agencies, any conditions that make reliance on electronic
benefit transfer systems described in section 7(h) of the
Food and Nutrition Act of 2008 impracticable, any disruptions
of transportation and communication facilities, and any
health considerations that warrant alternative approaches.)
(b) Not later than 10 days after the date of the receipt or
issuance of each document listed in paragraphs (1), (2), or
(3) of this subsection, the Secretary of Agriculture shall
make publicly available on the website of the Department the
following documents:
(1) Any request submitted by State agencies under
subsection (a).
(2) The Secretary's approval or denial of each such
request.
(3) Any guidance issued under subsection (a)(2).
(c) 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.
DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
SEC. 3101. SHORT TITLE.
This Act may be cited as ``Emergency Family and Medical
Leave Expansion Act''.
SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF
1993.
(a) Public Health Emergency Leave.--
(1) In general.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended
by adding at the end the following:
``(F) During the period beginning on the date the Emergency
Family and Medical Leave Expansion Act takes effect, and
ending on December 31, 2020, because of a qualifying need
related to a public health emergency in accordance with
section 110.''.
(2) Paid leave requirement.--Section 102(c) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(c)) is amended
by striking ``under subsection (a)'' and inserting ``under
subsection (a) (other than certain periods of leave under
subsection 8 (a)(1)(F))''.
(b) Requirements.--Title I of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) is amended by adding at
the end the following:
``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE.
``(a) Definitions.--The following shall apply with respect
to leave under section 102(a)(1)(F):
``(1) Application of certain terms.--The definitions in
section 101 shall apply, except as follows:
``(A) Eligible employee.--In lieu of the definition in
sections 101(2)(A) and 101(2)(B)(ii), the term eligible
employee' means an employee who has been employed for at
least 30 calendar days by the employer with respect to whom
leave is requested under section 102(a)(1)(F).
``(B) Employer threshold.--Section 101(4)(A)(i) shall be
applied by substituting `fewer than 500 employees' for `50 or
more employees for each working day during each of 20 or more
calendar workweeks in the current or preceding calendar
year'.
``(C) 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.
[[Page H1679]]
``(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 the employee
has a need for leave for one of the following:
``(i) To comply with a recommendation or order by a public
official 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 public official 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 under 18 years of
age of such employee if the school or place of care has been
closed, or the child care provider of such son or daughter is
unavailable, due to a public health emergency.
``(B) Public health emergency.--The term `public health
emergency' means an emergency with respect to 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).
``(F) Family.--The term `family member', with respect to an
employee, means any of the following:
``(i) A parent of the employee.
``(ii) A spouse of the employee.
``(iii) A son or daughter, who is under 18 years of age, of
the employee.
``(iv) An individual who is a pregnant woman, senior
citizen, individual with a disability, or has access or
functional needs and who is--
``(I) a son or daughter of the employee;
``(II) a next of kin of the employee or a person for whom
the employee is next of kin; or
``(III) a grandparent or grandchild of the employee.
``(3) Regulatory authorities.--The Secretary of Labor shall
have the authority to issue regulations for good cause under
sections 553(b)(B) and 553(d)(A) of title 5, United States
Code--
``(A) to exclude certain health care providers and
emergency responders from the definition of eligible employee
under section 110(a)(1)(A); and
``(B) to exempt small businesses with fewer than 50
employees from the requirements of section 102(a)(1)(F) when
the imposition of such requirements would jeopardize the
viability of the business as a going concern.
``(b) Relationship to Paid Leave.--
``(1) Unpaid leave for initial 14 days.--
``(A) In general.--The first 14 days for which an employee
takes leave under section 102(a)(1)(F) may consist of unpaid
leave.
``(B) Employee election.--An employee may elect to
substitute any accrued vacation leave, personal leave, or
medical or sick leave for unpaid leave under section
102(a)(1)(F) in accordance with section 102(d)(2)(B).
``(C) Employer requirement.--An employer may not require an
employee to substitute any leave as described in subparagraph
(B) for leave under section 102(a)(1)(F).
(2) Paid leave for subsequent days.--
(A) In general.--An employer shall provide paid leave for
each day of leave under section 102(a)(1)(F) that an employee
takes after taking leave under such section for 14 days.
``(B) Calculation.--Paid leave under subparagraph (A) for
an employee shall be calculated based on--
``(i) an amount that is not less than two-thirds of an
employee's regular rate of pay (as determined under section
7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
207(e)); and
``(ii) the number of hours the employee would otherwise be
normally scheduled to work (or the number of hours calculated
under subparagraph (C)).
``(C) Varying schedule hours calculation.--In the case of
an employee whose schedule varies from week to week to such
an extent that an employer is unable to determine with
certainty the number of hours the employee would have worked
if such employee had not taken leave under section
102(a)(1)(F), the employer shall use the following in place
of such number:
``(i) Subject to clause (ii), a number equal to the average
number of hours that the employee was scheduled per day over
the 6-month period ending on the date on which the employee
takes such leave, including hours for which the employee took
leave of any type.
``(ii) If the employee did not work over such period, the
reasonable expectation of the employee at the time of hiring
of the average number of hours per day that the employee
would normally be scheduled to work.
``(c) Notice.--In any case where the necessity for leave
under section 102(a)(1)(F) for the purpose described in
subsection (a)(2)(A)(iii) is foreseeable, an employee shall
provide the employer with such notice of leave as is
practicable.
``(d) Restoration to Position.--
``(1) In general.--Section 104(a)(1) shall not apply with
respect to an employee of an employer who employs fewer than
25 employees if the conditions described in paragraph (2) are
met.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The employee takes leave under section 102(a)(1)(F).
``(B) The position held by the employee when the leave
commenced does not exist due to economic conditions or other
changes in operating conditions of the employer--
``(i) that affect employment; and
``(ii) are caused by a public health emergency during the
period of leave.
``(C) The employer makes reasonable efforts to restore the
employee to a position equivalent to the position the
employee held when the leave commenced, with equivalent
employment benefits, pay, and other terms and conditions of
employment.
``(D) If the reasonable efforts of the employer under
subparagraph (C) fail, the employer makes reasonable efforts
during the period described in paragraph (3) to contact the
employee if an equivalent position described in subparagraph
(C) becomes available.
``(3) Contact period.--The period described under this
paragraph is the 1-year period beginning on the earlier of--
``(A) the date on which the qualifying need related to a
public health emergency concludes; or
``(B) the date that is 12 weeks after the date on which the
employee's leave under section 102(a)(1)(F) commences.''.
SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING
AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer
collective bargaining agreement may, consistent with its
bargaining obligations and its collective bargaining
agreement, fulfill its obligations under section 110(b)(2) of
title I of the Family and Medical Leave Act of 1993, as added
by the Families First Coronavirus Response Act, by making
contributions to a multiemployer fund, plan, or program based
on the paid leave each of its employees is entitled to under
such section while working under the multiemployer collective
bargaining agreement, provided that the fund, plan, or
program enables employees to secure pay from such fund, plan,
or program based on hours they have worked under the
multiemployer collective bargaining agreement for paid leave
taken under section 102(a)(1)(F) of title I of the Family and
Medical Leave Act of 1993, as added by the Families First
Coronavirus Response Act.
(b) Employees.--Employees who work under a multiemployer
collective bargaining agreement into which their employers
make contributions as provided in subsection (a) may secure
pay from such fund, plan, or program based on hours they have
worked under the multiemployer collective bargaining
agreement for paid leave taken under section 102(a)(1)(F) of
title I of the Family and Medical Leave Act of 1993, as added
by the Families First Coronavirus Response Act.
SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS.
An employer under 110(a)(B) shall not be subject to section
107(a) for a violation of section 102(a)(1)(F) if the
employer does not meet the definition of employer set forth
at Section 101(4)(A)(i).
SEC. 3105. EFFECTIVE DATE.
This Act shall take effect not later than 15 days after the
date of enactment of this Act.
DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
SEC. 4101. SHORT TITLE.
This division may be cited as the ``Emergency Unemployment
Insurance Stabilization and Access Act of 2020''.
SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION.
(a) In General.--Section 903 of the Social Security Act (42
U.S.C. 1103) is amended by adding at the end the following:
``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, in accordance with
succeeding provisions of this subsection.
[[Page H1680]]
``(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 60 days after the date of enactment of
this subsection, 50 percent shall be transferred to the
account of such State upon a certification by the Secretary
of Labor to the Secretary of the Treasury that the State
meets the requirements of paragraph (2); and
``(ii) only with respect to a State in which the number of
unemployment compensation claims has increased by at least 10
percent over the same quarter in the previous calendar year,
the remainder shall be transferred to the account of such
State upon a certification by the Secretary of Labor to the
Secretary of the Treasury that the State meets the
requirements of paragraph (3).
``(2) The requirements of this paragraph with respect to a
State are the following:
``(A) The State requires employers to provide notification
of the availability of unemployment compensation to employees
at the time of separation from employment. Such notification
may be based on model notification language issued by the
Secretary of Labor.
``(B) The State ensures that applications for unemployment
compensation, and assistance with the application process,
are accessible in at least two of the following: in-person,
by phone, or online.
``(C) The State notifies applicants when an application is
received and is being processed, and in any case in which an
application is unable to be processed, provides information
about steps the applicant can take to ensure the successful
processing of the application.
``(3) The requirements of this paragraph with respect to a
State are the following:
``(A) The State has expressed its commitment to maintain
and strengthen access to the unemployment compensation
system, including through initial and continued claims.
``(B) The State has demonstrated steps it has taken or will
take to ease eligibility requirements and access to
unemployment compensation for claimants, including waiving
work search requirements and the waiting week, and non-
charging employers directly impacted by COVID-19 due to an
illness in the workplace or direction from a public health
official to isolate or quarantine workers.
``(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 with respect to work search, waiting week, good
cause, or employer experience rating on an emergency
temporary basis as needed to respond to the spread of COVID-
19, such modifications shall be disregarded for the purposes
of applying section 303 of the Social Security Act and
section 3304 of the Internal Revenue Code of 1986 to such
State law.
(c) Regulations.--The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance
necessary to carry out the amendment made by subsection (a).
SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42
U.S.C. 1322(b)(10)(A)) is amended by striking ``beginning on
the date of enactment of this paragraph and ending on
December 31, 2010'' and inserting ``beginning on the date of
enactment of the Emergency Unemployment Insurance
Stabilization and Access Act of 2020 and ending on December
31, 2020''.
SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME
COMPENSATION PROGRAMS.
The Secretary of Labor shall assist States in establishing,
implementing, and improving the employer awareness of short-
time compensation programs (as defined in section 3306(v) of
the Internal Revenue Code of 1986) to help avert layoffs,
including by providing technical assistance and guidance.
SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT
COMPENSATION FOR A LIMITED PERIOD.
(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.
(c) Definitions.--For purposes of this section--
(1) the terms ``sharable extended compensation'' and
``sharable regular compensation'' have the respective
meanings given such terms under section 204 of the Federal-
State Extended Unemployment Compensation Act of 1970; and
(2) the term ``week'' has the meaning given such term under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970.
(d) Regulations.--The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out
this section.
DIVISION E--EMERGENCY PAID SICK LEAVE ACT
SEC. 5101. SHORT TITLE.
This Act may be cited as the ``Emergency Paid Sick Leave
Act''.
SEC. 5102. PAID SICK TIME REQUIREMENT.
(a) In General.--An employer shall provide to each employee
employed by the employer paid sick time for any of the
following uses:
(1) To self-isolate because the employee is diagnosed with
coronavirus.
(2) To obtain a medical diagnosis or care if such employee
is experiencing the symptoms of coronavirus.
(3) To comply with a recommendation or order by a public
official with jurisdiction or a health care provider on the
basis that the physical presence of the employee on the job
would jeopardize the health of others because of--
(A) the exposure of the employee to coronavirus; or
(B) exhibition of symptoms of coronavirus by the employee.
(4) To care for or assist a family member of the employee--
(A) who--
(i) is self-isolating because such family member has been
diagnosed with coronavirus; or
(ii) is experiencing symptoms of coronavirus and needs to
obtain medical diagnosis or care.
(B) with respect to whom a public official with
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 the coronavirus;
or
(ii) exhibition of symptoms of coronavirus by such family
member.
(5) To care for the child of such employee if the school or
place of care has been closed, or the child care provider of
such child is unavailable, due to coronavirus.
(b) Duration of Paid Sick Time.--
(1) In general.--An employee shall be entitled to paid sick
time for an amount of hours determined under paragraph (2).
(2) Amount of Hours.--The amount of hours of paid sick time
to which an employee is entitled shall be as follows:
(A) For full-time employees, 80 hours.
(B) For part-time employees, a number of hours equal to the
number of hours that such employee works, on average, over a
2-week period.
(3) Carryover.--Paid sick time under this section shall not
carry over from 1 year to the next.
(c) Employer's Termination of Paid Sick Time.--Paid sick
time provided to an employee under this Act shall cease
beginning with the employee's next scheduled workshift
immediately following the termination of the need for paid
sick time under subsection (a).
(d) Employers With Existing Policies.--With respect to an
employer that provides paid leave on the day before the date
of enactment of this Act--
(1) the paid sick time under this Act shall be made
available to employees of the employer in addition to such
paid leave; and
[[Page H1681]]
(2) the employer may not change such paid leave on or after
such date of enactment to avoid being subject to paragraph
(1).
(e) 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.
(f) Use of Paid Sick Time.--
(1) In general.--The paid sick time under subsection (a)
shall be available for immediate use by the employee for the
purposes described in such subsection, regardless of how long
the employee has been employed by an employer.
(2) Sequencing.--
(A) In general.--An employee may first use the paid sick
time under subsection (a) for the purposes described in such
subsection.
(B) Prohibition.--An employer may not require an employee
to use other paid leave provided by the employer to the
employee before the employee uses the paid sick time under
subsection (a).
SEC. 5103. NOTICE.
(a) In General.--Each employer shall post and keep posted,
in conspicuous places on the premises of the employer where
notices to employees are customarily posted, a notice, to be
prepared or approved by the Secretary of Labor, of the
requirements described in this Act.
(b) Model Notice.--Not later than 7 days after the date of
enactment of this Act, the Secretary of Labor shall make
publicly available a model of a notice that meets the
requirements of subsection (a).
SEC. 5104. PROHIBITED ACTS.
It shall be unlawful for any employer to discharge,
discipline, or in any other manner discriminate against any
employee who--
(1) takes leave in accordance with this Act; and
(2) has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act
(including a proceeding that seeks enforcement of this Act),
or has testified or is about to testify in any such
proceeding.
SEC. 5105. ENFORCEMENT.
(a) Unpaid Sick Leave.--An employer who violates section 2
shall--
(1) be considered to have failed to pay minimum wages in
violation of section 6 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206); and
(2) be subject to the penalties described in sections 16
and 17 of such Act (29 U.S.C. 216; 217) with respect to such
violation.
(b) Unlawful Termination.--An employer who willfully
violates section 4 shall--
(1) be considered to be in violation of section 15(a)(3) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3));
and
(2) be subject to the penalties described in sections 16
and 17 of such Act (29 U.S.C. 216; 217) with respect to such
violation.
SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING
AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer
collective bargaining agreement may, consistent with its
bargaining obligations and its collective bargaining
agreement, fulfill its obligations under this Act by making
contributions to a multiemployer fund, plan, or program based
on the hours of paid sick time each of its employees is
entitled to under this Act while working under the
multiemployer collective bargaining agreement, provided that
the fund, plan, or program enables employees to secure pay
from such fund, plan, or program based on hours they have
worked under the multiemployer collective bargaining
agreement and for the uses specified under section 2(a).
(b) Employees.--Employees who work under a multiemployer
collective bargaining agreement into which their employers
make contributions as provided in subsection (a) may secure
pay from such fund, plan, or program based on hours they have
worked under the multiemployer collective bargaining
agreement for the uses specified in section 2(a).
SEC. 5107. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to in any way diminish the rights or benefits that an
employee is entitled to under any--
(A) other Federal, State, or local law;
(B) collective bargaining agreement; or
(C) existing employer policy; or
(2) to require financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for paid sick time under this Act that has not been used by
such employee.
SEC. 5108. EFFECTIVE DATE.
This Act, and the requirements under this Act, shall take
effect not later than 15 days after the date of enactment of
this Act.
SEC. 5109. SUNSET.
This Act, and the requirements under this Act, shall expire
on December 31, 2020.
SEC. 5110. DEFINITIONS.
For purposes of the 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 under 18 years of age.
(2) Coronavirus.--The term ``coronavirus'' has the meaning
given the term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020.
(3) Domestic Partner.--
(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 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.
(4) Employee.--The terms ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not
covered under subparagraph (E) or (F), including such an
employee of the Library of Congress, except that a reference
in such section to an employer shall be considered to be a
reference to an employer described in clauses (i)(I) and (ii)
of paragraph (5)(A); or
(ii) an employee of the Government Accountability Office;
(B) a State employee described in section 304(a) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a));
(C) a covered employee, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301),
other than an applicant for employment;
(D) a covered employee, as defined in section 411(c) of
title 3, United States Code;
(E) a Federal officer or employee covered under subchapter
V of chapter 63 of title 5, United States Code; or
(F) any other individual occupying a position in the civil
service (as that term is defined in section 2101(1) of title
5, United States Code).
(5) Employer.--
(A) In general.--The term ``employer'' means a person who
is--
(i)(I) a covered employer, as defined in subparagraph (B),
who is not covered under subclause (V);
(II) an entity employing a State employee described in
section 304(a) of the Government Employee Rights Act of 1991;
(III) an employing office, as defined in section 101 of the
Congressional Accountability Act of 1995;
(IV) an employing office, as defined in section 411(c) of
title 3, United States Code; or
(V) an Executive Agency as defined in section 105 of title
5, United States Code, and including the U.S. Postal Service
and the Postal Regulatory Commission; and
(ii) engaged in commerce (including government), or an
industry or activity affecting commerce (including
government), as defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I), the term
``covered employer''--
(I) means any person engaged in commerce or in any industry
or activity affecting commerce that--
(aa) in the case of a private entity or individual, employs
fewer than 500 employees; and
(bb) in the case of a public agency or any other entity
that is not a private entity or individual, employs 1 or more
employees;
(II) includes--
(aa) includes any person acting directly or indirectly in
the interest of an employer in relation to an employee
(within the meaning of such phrase in section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)); and
(bb) any successor in interest of an employer;
(III) includes any ``public agency'', as defined in section
3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(x)); and
(IV) includes the Government Accountability Office and the
Library of Congress.
(ii) Public agency.--For purposes of clause (i)(IV), a
public agency shall be considered to be a person engaged in
commerce or in an industry or activity affecting commerce.
(iii) Definitions.--For purposes of this subparagraph:
(I) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' means any activity, business,
or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce, and
include ``commerce'' and any ``industry affecting commerce'',
as defined in paragraphs (1) and (3) of section 501 of the
Labor Management Relations Act of 1947 (29 U.S.C. 142 (1) and
(3)).
(II) Employee.--The term ``employee'' has the same meaning
given such term in section 3(e) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(e)).
(III) Person.--The term ``person'' has the same meaning
given such term in section 3(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(a)).
(6) Family member.--The term ``family member'', with
respect to an employee, means any of the following:
(A) A parent of the employee.
(B) A spouse of the employee.
(C) A child of the employee.
(D) An individual who is a pregnant woman, senior citizen,
individual with a disability, or has access or functional
needs and who is--
(i) a sibling of the employee;
(ii) a next of kin of the employee or a person for whom the
employee is next of kin; or
[[Page H1682]]
(iii) a grandparent or grandchild of the employee.
(7) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given such terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(8) FMLA terms.--The terms ``health care provider'' and
``next of kin'' have the meanings given such terms in section
101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611).
(9) Paid sick time.--
(A) In general.--The term ``paid sick time'' means an
increment of compensated leave that--
(i) is provided by an employer for use during an absence
from employment for a reason described in any paragraph of
section 2(a); and
(ii) is calculated based on the employee's required
compensation under subparagraph (B) and the number of hours
the employee would otherwise be normally scheduled to work
(or the number of hours calculated under subparagraph (C)).
(B) Required compensation.--
(i) In general.--The employee's required compensation under
this subparagraph (B) shall be not less than the greater of
the following:
(I) The employee's regular rate of pay (as determined under
section 7(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(e)).
(II) The minimum wage rate in effect under section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)).
(III) The minimum wage rate in effect for such employee in
the applicable State or locality, whichever is greater, in
which the employee is employed.
(ii) Special rule for care of family members.--With respect
to any paid sick time provided for any use described in
paragraph (a)(4) or (a)(5), the employee's required
compensation under this subparagraph (B) shall be two-thirds
of the amount described in clause (B)(i).
(C) Varying schedule hours calculation.--In the case of a
part-time employee described in section 2(b)(2)(B) whose
schedule varies from week to week to such an extent that an
employer is unable to determine with certainty the number of
hours the employee would have worked if such employee had not
taken paid sick time under section 2(a), the employer shall
use the following in place of such number:
(i) Subject to clause (ii), a number equal to the average
number of hours that the employee was scheduled per day over
the 6-month period ending on the date on which the employee
takes the paid sick time, including hours for which the
employee took leave of any type.
(ii) If the employee did not work over such period, the
reasonable expectation of the employee at the time of hiring
of the average number of hours per day that the employee
would normally be scheduled to work.
(D) Guidelines.--Not later than 15 days after the date of
the enactment of this Act, the Secretary of Labor shall issue
guidelines to assist employers in calculating the amount of
paid sick time under subparagraph (A).
(E) Reasonable notice.--After the first workday (or portion
thereof) an employee receives paid sick time under this Act,
an employer may require the employee to follow reasonable
notice procedures in order to continue receiving such paid
sick time.
(10) Parent.--The term ``parent'', with respect to an
employee, means any of the following:
(A) A biological, foster, or adoptive parent of the
employee.
(B) A stepparent of the employee.
(C) A parent-in-law of the employee.
(D) A parent of a domestic partner of the employee.
(E) A legal guardian or other person who stood in loco
parentis to an employee when the employee was a child.
(11) Public health emergency.--The term ``public health
emergency'' means an emergency with respect to coronavirus
declared by a Federal, State, or local authority.
(12) Spouse.--The term ``spouse'' has the meaning given
such term in section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611), except that such term also includes
a ``domestic partner''.
DIVISION F--HEALTH PROVISIONS
SEC. 6001. 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.
(2) Items and services furnished to an individual during
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), but only to the extent such items and
services relate to the furnishing or administration of such
product or to the evaluation of such individual for purposes
of determining the need of such individual for such product.
(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. 6002. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM
FOR CERTAIN VISITS RELATING TO TESTING FOR
COVID-19.
(a) In General.--Section 1833 of the Social Security Act
(42 U.S.C. 1395l) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' before ``(CC)''; and
(B) by inserting before the period at the end the
following: ``, and (DD) with respect to a specified COVID-19
testing-related service described in paragraph (1) of
subsection (cc) for which payment may be made under a
specified outpatient payment provision described in paragraph
(2) of such subsection, the amounts paid shall be 100 percent
of the payment amount otherwise recognized under such
respective specified outpatient payment provision for such
service,'';
(2) in subsection (b), in the first sentence--
(A) by striking ``and'' before ``(10)''; and
(B) by inserting before the period at the end the
following: ``, and (11) such deductible shall not apply with
respect to any specified COVID-19 testing-related service
described in paragraph (1) of subsection (cc) for which
payment may be made under a specified outpatient payment
provision described in paragraph (2) of such subsection'';
and
(3) by adding at the end the following new subsection:
``(cc) Specified COVID-19 Testing-related Services.--For
purposes of subsection (a)(1)(DD):
``(1) Description.--
``(A) In general.--A specified COVID-19 testing-related
service described in this paragraph is a medical visit that--
``(i) is in any of the categories of HCPCS evaluation and
management service codes described in subparagraph (B);
``(ii) is furnished during any portion of the emergency
period (as defined in section 1135(g)(1)(B)) (beginning on or
after the date of enactment of this subsection);
``(iii) results in an order for or administration of a
clinical diagnostic laboratory test described in section
1852(a)(1)(B)(iv)(IV); and
``(iv) relates to the furnishing or administration of such
test or to the evaluation of such individual for purposes of
determining the need of such individual for such test.
``(B) Categories of hcpcs codes.--For purposes of
subparagraph (A), the categories of HCPCS evaluation and
management services codes are the following:
``(i) Office and other outpatient services.
``(ii) Hospital observation services.
``(iii) Emergency department services.
``(iv) Nursing facility services.
``(v) Domiciliary, rest home, or custodial care services.
``(vi) Home services.
``(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.
[[Page H1683]]
SECTION 6003. COVERAGE OF TESTING FOR COVID-19 AT NO COST
SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social
Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (IV) as subclause (VI); and
(B) by inserting after subclause (III) the following new
subclauses:
``(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.
SECTION 6004. COVERAGE AT NO COST SHARING OF COVID-19 TESTING
UNDER MEDICAID AND CHIP.
(a) Medicaid.--
(1) In general.--Section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)) is amended--
(A) by striking ``other laboratory'' and inserting ``(A)
other laboratory'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following new subparagraph:
``(B) in vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations)
administered during any portion of the emergency period
defined in paragraph (1)(B) of section 1135(g) beginning on
or after the date of the enactment of this subparagraph for
the detection of SARS-CoV-2 or the diagnosis of the virus
that causes COVID-19 that are approved, cleared, or
authorized under section 510(k), 513, 515 or 564 of the
Federal Food, Drug, and Cosmetic Act, and the administration
of such in vitro diagnostic products;''.
(2) No cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o) are each
amended--
(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) COVID-19 testing-related services for which payment
may be made under the State plan; and''.
(B) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)) is amended by adding at the end the following new
clause:
``(xi) 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.
(3) State option to provide coverage for uninsured
individuals.--
(A) In general.--Section 1902(a)(10) of the Social Security
Act (42 U.S.C. 1396a(a)(10)) is amended--
(i) in subparagraph (A)(ii)--
(I) in subclause (XXI), by striking ``or'' at the end;
(II) in subclause (XXII), by adding ``or'' at the end; and
(III) by adding at the end the following new subclause:
``(XXIII) during any portion of the emergency period
defined in paragraph (1)(B) of section 1135(g) beginning on
or after the date of the enactment of this subclause, who are
uninsured individuals (as defined in subsection (ss));''; and
(ii) in the matter following subparagraph (G)--
(I) by striking ``and (XVII)'' and inserting ``, (XVII)'';
and
(II) 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 subsection, the
Federal medical assistance percentage shall be 100 per centum
with respect to(and, notwithstanding any other provision of
this title, available for) medical assistance provided to
uninsured individuals (as defined in section 1902(ss)) who
are eligible for such assistance only on the basis of section
1902(a)(10)(A)(ii)(XXIII) and with respect to expenditures
described in section 1903(a)(7) that a State demonstrates to
the satisfaction of the Secretary are attributable to
administrative costs related to providing for such medical
assistance to such individuals under the State plan.''.
(b) Chip.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(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''.
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE
DEVICES AS COVERED COUNTER-MEASURES.
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:
``(D) a personal respiratory protective device that is--
``(i) approved by the National Institute for Occupational
Safety and Health under part 84 of title 42, Code of Federal
Regulations (or successor regulations);
``(ii) subject to the emergency use authorization issued by
the Secretary on March 2, 2020, or subsequent emergency use
authorizations, pursuant to section 564 of the Federal Food,
Drug, and Cosmetic Act (authorizing emergency use of personal
respiratory protective devices during the COVID-19 outbreak);
and
``(iii) used during the period beginning on January 27,
2020, and ending on October 1, 2024, in response to the
public health emergency declared on January 31, 2020,
pursuant to section 319 as a result of confirmed cases of
2019 Novel Coronavirus (2019-nCoV).''.
SEC. 6006. 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
[[Page H1684]]
cost sharing under chapter 55 of title 10, United States
Code, for in vitro diagnostic products described in paragraph
(1) of section 6001(a) (or the administration of such
products) or visits described in paragraph (2) of such
section furnished during any portion of the emergency period
defined in paragraph (1)(B) of section 1135(g) of the Social
Security Act (42 U.S.C. 1320b-5(g)) beginning on or after the
date of the enactment of this Act.
(b) Veterans.--The Secretary of Veterans Affairs may not
require any copayment or other cost sharing under chapter 17
of title 38, United States Code, for in vitro diagnostic
products described in paragraph (1) of section 6001(a) (or
the administration of such products) or visits described in
paragraph (2) of such section furnished during any portion of
the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g))
beginning on or after the date of the enactment of this Act.
(c) 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 in vitro
diagnostic products described in paragraph (1) of section
6001(a) (or the administration of such products) or visits
described in paragraph (2) of such section furnished during
any portion of the emergency period defined in paragraph
(1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the
enactment of this Act.
SEC. 6007. COVERAGE OF TESTING FOR COVID-19 AT NO COST
SHARING FOR INDIANS RECEIVING PURCHASED/
REFERRED CARE.
The Secretary of Health and Human Services shall cover,
without the imposition of any cost sharing requirements, the
cost of providing any COVID-19 related items and services as
described in paragraph (1) of section 6001(a) (or the
administration of such products) or visits described in
paragraph (2) of such section furnished during any portion of
the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 320b-5(g))
beginning on or after the date of the enactment of this Act
to Indians (as defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)) receiving health services
through the Indian Health Service, including through an Urban
Indian Organization, regardless of whether such items or
services have been authorized under the purchased/referred
care system funded by the Indian Health Service or is covered
as a health service of the Indian Health Service.
SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) In General.--Subject to subsection (b), for each
calendar quarter occurring during the period beginning on the
first day of the emergency period defined in paragraph (1)(B)
of section 1135(g) of the Social Security Act (42 U.S.C.
1320b-5(g)) and ending on the last day of the calendar
quarter in which the last day of such emergency period
occurs, the Federal medical assistance percentage determined
for each State, including the District of Columbia, American
Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and the United States Virgin Islands,
under section 1905(b) of theSocial Security Act (42 U.S.C.
1396d(b)) shall be increased by 6.2 percentage points.
(b) Requirement for All States.--A State described in
subsection (a) may not receive the increase described in such
subsection in the Federal medical assistance percentage for
such State, with respect to a quarter, if--
(1) eligibility standards, methodologies, or procedures
under the State plan of such State under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (including any
waiver under such title or section 1115 of such Act (42
U.S.C. 1315)) are more restrictive during such quarter than
the eligibility standards methodologies, or procedures,
respectively, under such plan (or waiver) as in effect on
January 1, 2020;
(2) the amount of any premium imposed by the State pursuant
to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-
1) during such quarter, with respect to an individual
enrolled under such plan (or waiver), exceeds the amount of
such premium as of January 1, 2020;
(3) the State 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 6008 of the Families First
Coronavirus Response Act, except that in applying such
treatments to the increases in the Federal medical assistance
percentage under section 6008 of the Families First
Coronavirus Response Act, the reference to `December 31,
2009' shall be deemed to be a reference to `March 11,
2020'.''.
SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES.
Section 1108(g) of the Social Security Act (42 U.S.C.
1308(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking ``for each of fiscal years
2020 through 2021, $126,000,000;'' and inserting ``for fiscal
year 2020, $128,712,500; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2021, $127,937,500;'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking ``for each of fiscal years
2020 through 2021, $127,000,000;'' and inserting ``for fiscal
year 2020, $130,875,000; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2021, $129,712,500;'';
(C) in subparagraph (D)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking ``for each of fiscal years
2020 through 2021, $60,000,000; and'' and inserting ``for
fiscal year 2020, $63,100,000; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2021, $62,325,000; and''; and
(D) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking ``for each of fiscal years
2020 through 2021, $84,000,000.'' and inserting ``for fiscal
year 2020, $86,325,000; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2021, $85,550,000.''; and
(2) in paragraph (6)(A)--
(A) in clause (i), by striking ``$2,623,188,000'' and
inserting ``$2,716,188,000''; and
(B) in clause (ii), by striking ``$2,719,072,000'' and
inserting ``$2,809,063,000''.
SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AUTHORITY
REGARDING MEDICARE TELEHEALTH SERVICES
FURNISHED DURING COVID-19 EMERGENCY PERIOD.
Paragraph (3)(A) of section 1135(g) of the Social Security
Act (42 U.S.C. 1320b-5(g)) is amended to read as follows:
``(A) furnished to such individual, during the 3-year
period ending on the date such telehealth service was
furnished, an item or service that would be considered
covered under title XVIII if furnished to an individual
entitled to benefits or enrolled under such title; or''.
DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE
SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE.
(a) In General.--In the case of an employer, there shall be
allowed as a credit against the tax imposed by section
3111(a) of the Internal Revenue Code of 1986 for each
calendar quarter an amount equal to 100 percent of the
qualified sick leave wages paid by such employer with respect
to such calendar quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified sick
leave wages taken into account under subsection (a) with
respect to any individual shall not exceed $200 ($511 in the
case of any day any portion of which is paid sick time
described in paragraph (1), (2), or (3) of section 5102(a) of
the Emergency Paid Sick Leave Act) for any day (or portion
thereof) for which the individual is paid qualified sick
leave wages.
(2) Overall limitation on number of days taken into
account.--The aggregate number of days taken into account
under paragraph (1) for any calendar quarter shall not exceed
the excess (if any) of--
(A) 10, over
(B) the aggregate number of days so taken into account for
all preceding calendar quarters.
(3) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar
quarter shall not exceed the tax imposed by section 3111(a)
of such Code for such calendar quarter (reduced by any
credits allowed under subsections (e) and (f) of section 3111
of such Code for such quarter) on the wages paid with respect
to the employment of all employees of the employer.
(4) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (3) for
any calendar quarter, such excess shall be treated as an
overpayment that shall be refunded under sections 6402(a) and
6413(b) of such Code.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any amounts due to an employer
under this paragraph shall be treated in the same manner as a
refund due from a credit provision referred to in subsection
(b)(2) of such section.
(c) Qualified Sick Leave Wages.--For purposes of this
section, the term ``qualified sick leave wages'' means wages
(as defined in section 3121(a) of the Internal Revenue Code
[[Page H1685]]
of 1986) paid by an employer which are required to be paid by
reason of the Emergency Paid Sick Leave Act.
(d) Special Rules.--
(1) Denial of double benefit.--For purposes of chapter 1 of
such Code, the gross income of the employer, for the taxable
year which includes the last day of any calendar quarter with
respect to which a credit is allowed under this section,
shall be increased by the amount of such credit. No credit
shall be allowed under this section with respect to wages for
which a credit is allowed under section 45S of such Code.
(2) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar
quarter if such employer elects (at such time and in such
manner as the Secretary of the Treasury (or the Secretary's
delegate) may prescribe) not to have this section apply.
(3) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(4) State and local governments.--This credit shall not
apply to the Government of the United States, the government
of any State or political subdivision thereof, or any agency
or instrumentality of any of the foregoing.
(e) Regulations.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes
of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations and aggregation rules
under this section through the use of successor companies or
other means,
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of
the allowance of the credit allowed under this section, and
(4) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases
where there is a subsequent adjustment to the credit
determined under subsection (a).
(f) Application of Section.--This section shall apply only
to wages paid with respect to the period beginning on a date
selected by the Secretary of the Treasury (or the Secretary's
delegate) which is during the 15-day period beginning on the
date of the enactment of this Act, and ending on December 31,
2020.
(g) Transfers to Federal Old-Age and Survivors Insurance
Trust Fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund established under section 201
of the Social Security Act (42 U.S.C. 401) amounts equal to
the reduction in revenues to the Treasury by reason of this
section (without regard to this subsection). Amounts
appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would
have occurred to such Trust Fund had this section not been
enacted.
SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) Credit Against Self-employment Tax.--In the case of an
eligible self-employed individual, there shall be allowed as
a credit against the tax imposed by subtitle A of the
Internal Revenue Code of 1986 for any taxable year an amount
equal to 100 percent (or, with respect to any use described
in section 5102(a)(4) or 5102(a)(5) of the Emergency Paid
Sick Leave Act, 67 percent) of the qualified sick leave
equivalent amount with respect to the individual.
(b) Eligible Self-employed Individual.--For purposes of
this section, the term ``eligible self-employed individual''
means an individual who--
(1) regularly carries on a trade or business within the
meaning of section 1402 of such Code, and
(2) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Paid Sick Leave Act if
the individual were an employee of an employer (other than
himself or herself).
(c) Qualified Sick Leave Equivalent Amount.--For purposes
of this section--
(1) In general.--The term ``qualified sick leave equivalent
amount'' means, with respect to any eligible self-employed
individual, an amount equal to--
(A) the number of days during the taxable year (but not
more than the applicable number of days) that the individual
is unable to perform services in the trade or business
referred to in section 1402 of such Code for a reason with
respect to which such individual would be entitled to receive
sick leave as described in subsection (b), multiplied by
(B) the lesser of--
(i) $200 ($511 in the case of any day of paid sick time
described in paragraph (1), (2), or (3) of section 5102(a) of
the Emergency Paid Sick Leave Act), or
(ii) the average daily self-employment income of the
individual for the taxable year.
(2) Average daily self-employment income.--For purposes of
this subsection, the term ``average daily self-employment
income'' means an amount equal to--
(A) the net earnings from self-employment of the individual
for the taxable year, divided by
(B) 260.
(3) Applicable number of days.--For purposes of this
subsection, the term ``applicable number of days'' means,
with respect to any taxable year, the excess (if any) of 10
days over the number of days taken into account under
paragraph (1)(A) in all preceding taxable years.
(d) Special Rules.--
(1) Credit refundable.--
(A) In general.--The credit determined under this section
shall be treated as a credit allowed to the taxpayer under
subpart C of part IV of subchapter A of chapter 1 of such
Code.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any refund due from the credit
determined under this section shall be treated in the same
manner as a refund due from a credit provision referred to in
subsection (b)(2) of such section.
(2) Documentation.--No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary may prescribe to establish such individual as
an eligible self-employed individual.
(3) Denial of double benefit.--In the case of an individual
who receives wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986) paid by an employer which are
required to be paid by reason of the Emergency Paid Sick
Leave Act, the qualified sick leave equivalent amount
otherwise determined under subsection (c) shall be reduced
(but not below zero) in the same proportion that the number
of days for which such wages are received bears to the number
of days described in subsection (c)(1)(A).
(4) Certain terms.--Any term used in this section which is
also used in chapter 2 of the Internal Revenue Code of 1986
shall have the same meaning as when used in such chapter.
(e) Application of Section.--Only days occurring during the
period beginning on a date selected by the Secretary of the
Treasury (or the Secretary's delegate) which is during the
15-day period beginning on the date of the enactment of this
Act, and ending on December 31, 2020, may be taken into
account under subsection (c)(1)(A).
(f) Application of Credit in Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section. Such
amounts shall be determined by the Secretary of the Treasury
based on information provided by the government of the
respective possession.
(2) Payments to other possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal to
the aggregate benefits (if any) that would have been provided
to residents of such possession by reason of the provisions
of this section if a mirror code tax system had been in
effect in such possession. The preceding sentence shall not
apply unless the respective possession has a plan, which has
been approved by the Secretary of the Treasury, under which
such possession will promptly distribute such payments to its
residents.
(3) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to
any possession of the United States, the income tax system of
such possession if the income tax liability of the residents
of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
(4) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
(g) Regulations.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes
of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of this section, and
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section.
SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE.
(a) In General.--In the case of an employer, there shall be
allowed as a credit against the tax imposed by section
3111(a) of the Internal Revenue Code of 1986 for each
calendar quarter an amount equal to 100 percent of the
qualified family leave wages paid by such employer with
respect to such calendar quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified
family leave wages taken into account under subsection (a)
with respect to any individual shall not exceed--
(A) for any day (or portion thereof) for which the
individual is paid qualified family leave wages, $200, and
(B) in the aggregate with respect to all calendar quarters,
$10,000.
(2) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar
quarter shall not exceed the tax imposed by section 3111(a)
of such Code for such calendar quarter (reduced by any
credits allowed under subsections (e) and (f) of section 3111
of such
[[Page H1686]]
Code, and section 9001 of this Act, for such quarter) on the
wages paid with respect to the employment of all employees of
the employer.
(3) Refundability of excess credit.--If the amount of the
credit under subsection (a) exceeds the limitation of
paragraph (2) for any calendar quarter, such excess shall be
treated as an overpayment that shall be refunded under
sections 6402(a) and 6413(b) of such Code.
(c) Qualified Family Leave Wages.--For purposes of this
section, the term ``qualified family leave wages'' means
wages (as defined in section 3121(a) of such Code) paid by an
employer which are required to be paid by reason of the
Emergency Family and Medical Leave Expansion Act (including
the amendments made by such Act).
(d) Special Rules.--
(1) Denial of double benefit.--For purposes of chapter 1 of
such Code, the gross income of the employer, for the taxable
year which includes the last day of any calendar quarter with
respect to which a credit is allowed under this section,
shall be increased by the amount of such credit. No credit
shall be allowed under this section with respect to wages for
which a credit is allowed under section 45S of such Code.
(2) Election not to have section apply.-- This section
shall not apply with respect to any employer for any calendar
quarter if such employer elects (at such time and in such
manner as the Secretary of the Treasury (or the Secretary's
delegate) may prescribe) not to have this section apply.
(3) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(4) State and local governments.--This credit shall not
apply to the Government of the United States, the government
of any State or political subdivision thereof, or any agency
or instrumentality of any of the foregoing.
(e) Regulations.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes
of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations and aggregation rules
under this section through the use of successor companies or
other means,
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of
the allowance of the credit allowed under this section, and
(4) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases
where there is a subsequent adjustment to the credit
determined under subsection (a).
(f) Application of Section.--This section shall apply only
to wages paid with respect to the period beginning on a date
selected by the Secretary of the Treasury (or the Secretary's
delegate) which is during the 15-day period beginning on the
date of the enactment of this Act, and ending on December 31,
2020.
(g) Transfers to Federal Old-Age and Survivors Insurance
Trust Fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund established under section 201
of the Social Security Act (42 U.S.C. 401) amounts equal to
the reduction in revenues to the Treasury by reason of this
section (without regard to this subsection). Amounts
appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would
have occurred to such Trust Fund had this section not been
enacted.
SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) Credit Against Self-employment Tax.--In the case of an
eligible self-employed individual, there shall be allowed as
a credit against the tax imposed by subtitle A of the
Internal Revenue Code of 1986 for any taxable year an amount
equal to 100 percent of the qualified family leave equivalent
amount with respect to the individual.
(b) Eligible Self-employed Individual.--For purposes of
this section, the term ``eligible self-employed individual''
means an individual who--
(1) regularly carries on a trade or business within the
meaning of section 1402 of such Code, and
(2) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Family and Medical
Leave Expansion Act if the individual were an employee of an
employer (other than himself or herself).
(c) Qualified Family Leave Equivalent Amount.--For purposes
of this section--
(1) In general.--The term ``qualified family leave
equivalent amount'' means, with respect to any eligible self-
employed individual, an amount equal to the product of--
(A) the number of days (not to exceed 50) during the
taxable year that the individual is unable to perform
services in the trade or business referred to in section 1402
of such Code for a reason with respect to which such
individual would be entitled to receive paid leave as
described in subsection (b), multiplied by
(B) the lesser of--
(i) the average daily self-employment income of the
individual for the taxable year, or
(ii) $200.
(2) Average daily self-employment income.--For purposes of
this subsection, the term ``average daily self-employment
income'' means an amount equal to--
(A) the net earnings from self-employment income of the
individual for the taxable year, divided by
(B) 260.
(d) Special Rules.--
(1) Credit refundable.--
(A) In general.--The credit determined under this section
shall be treated as a credit allowed to the taxpayer under
subpart C of part IV of subchapter A of chapter 1 of such
Code.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any refund due from the credit
determined under this section shall be treated in the same
manner as a refund due from a credit provision referred to in
subsection (b)(2) of such section.
(2) Documentation.--No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary may prescribe to establish such individual as
an eligible self-employed individual.
(3) Denial of double benefit.--In the case of an individual
who receives wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986) paid by an employer which are
required to be paid by reason of the Emergency Family and
Medical Leave Expansion Act, the qualified family leave
equivalent amount otherwise determined under subsection (c)
shall be reduced (but not below zero) in the same proportion
that the number of days for which such wages are received
bears to the number of days described in subsection
(c)(1)(A).
(4) Certain terms.--Any term used in this section which is
also used in chapter 2 of the Internal Revenue Code of 1986
shall have the same meaning as when used in such chapter.
(5) References to emergency family and medical leave
expansion act.--Any reference in this section to the
Emergency Family and Medical Leave Expansion Act shall be
treated as including a reference to the amendments made by
such Act.
(e) Application of Section.--Only days occurring during the
period beginning on a date selected by the Secretary of the
Treasury (or the Secretary's delegate) which is during the
15-day period beginning on the date of the enactment of this
Act, and ending on December 31, 2020, may be taken into
account under subsection (c)(1)(A).
(f) Application of Credit in Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section. Such
amounts shall be determined by the Secretary of the Treasury
based on information provided by the government of the
respective possession.
(2) Payments to other possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal to
the aggregate benefits (if any) that would have been provided
to residents of such possession by reason of the provisions
of this section if a mirror code tax system had been in
effect in such possession. The preceding sentence shall not
apply unless the respective possession has a plan, which has
been approved by the Secretary of the Treasury, under which
such possession will promptly distribute such payments to its
residents.
(3) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to
any possession of the United States, the income tax system of
such possession if the income tax liability of the residents
of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
(4) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
(e) Regulations.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes
of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of this section, and
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section.
SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOYERS.
(a) In General.--Any wages required to be paid by reason of
the Emergency Paid Sick Leave Act and the Emergency Family
and Medical Leave Expansion Act shall not be considered wages
for purposes of section 3111(a) of the Internal Revenue Code
of 1986.
(b) Transfers to Federal Old-Age and Survivors Insurance
Trust Fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund established under section 201
of the Social
[[Page H1687]]
Security Act (42 U.S.C. 401) amounts equal to the reduction
in revenues to the Treasury by reason of this section
(without regard to this subsection). Amounts appropriated by
the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to
such Trust Fund had this section not been enacted.
DIVISION H--BUDGETARY EFFECTS
SEC. 8001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
division B and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of
division B and each succeeding division shall not be entered
on any PAYGO scorecard maintained for purposes of section
4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Mrs. Lowey) and the gentlewoman from Texas (Ms. Granger) each
will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 6201, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Families First Coronavirus Response Act builds on
the $8.3 billion supplemental enacted last week to meet the needs of
the American people, by:
Guaranteeing free coronavirus testing;
Providing paid leave; and
Strengthening food security initiatives through additional
investments in WIC, food banks, and senior nutrition.
The bill also makes sure that children who depend on free and
reduced-price meals have access to food during school and childcare
closures.
Mr. Speaker, we must help ensure the physical safety and financial
security of our Nation's working families during this time of crisis.
Mr. Speaker, I urge my colleagues to join me in support of this
legislation, and I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 6201, the second
coronavirus relief bill.
Fiscal year 2020 appropriations bills were enacted less than 3 months
ago, which included record levels of spending on our public health
infrastructure. This allowed the administration to respond immediately
to the coronavirus when the threat became clear.
Last week, the House and Senate voted almost unanimously on an $8
billion emergency supplemental, giving the administration new resources
to respond to the virus. Unfortunately, the threat we face has grown
more complex and costly in only a week's time.
The bill before us will provide a second installment of supplemental
funds and combat the negative economic effects of this disease that has
now been called a pandemic.
This legislation builds off of last week's bill, where we expanded
the availability of tests for the coronavirus to ensure that everyone
who needs to be tested, gets tested.
Mr. Speaker, in his remarks today, the President reaffirmed his
commitment to distribute millions of tests and speed up how they are
processed. This bill takes the next step to include more than $1
billion to cover the cost of taking these tests, including for
servicemembers and veterans. We must ensure tests are administrated so
that people know if they are infected. This is the only way we can stop
the spread of this virus.
Emergency food assistance is provided in the bill for seniors, women,
children, and low-income families. That includes additional help for
children whose schools are being closed as a precautionary measure to
keep them safe.
Tax incentives are included to encourage American businesses to allow
employees to take emergency leave to limit the spread of the virus. No
one should have to choose between getting a paycheck or infecting other
people.
Mr. Speaker, we have heard many concerns about the needs of small
businesses. In addition to the tax incentives in the bill, more than
$37 billion is already available from prior appropriations for the
Small Business Administration to make loans. As we watch the impact of
this virus on our Nation's job creators, I will continue working with
the administration and my colleagues to ensure they get the help they
need.
While bringing this bill to the floor has taken much longer than I
had hoped, it is time for Congress to pass it. This bill will give the
President and our public health officials the tools that are needed
right now to respond to this quickly changing threat.
Mr. Speaker, I urge my colleagues to join me in voting for this
measure. We must pass this bill today to help lessen the devastating
impact of this global pandemic on the American people.
Mr. Speaker, I reserve the balance of my time.
{time} 0020
Mrs. LOWEY. Mr. Speaker, I yield such time as he may consume to the
gentleman from Massachusetts (Mr. Neal), the chair of the Committee on
Ways and Means.
Mr. NEAL. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I rise in strong support of this important legislative
package to protect Americans' health and financial security as our
Nation confronts the coronavirus crisis.
I want to highlight quickly three policies that the Ways and Means
Committee contributed to the measure before us this evening.
First, we are ensuring that the coronavirus testing is provided free
of charge. It is imperative that anyone who needs to be tested for
coronavirus is able to afford that testing. If individuals worry that
they can't afford the cost of the test, they will forgo it and risk
endangering themselves and their community.
To provide Americans with the necessary confidence they need to seek
testing, we have included a provision that ensures free coronavirus
testing in Medicare, Medicaid, and CHIP, as well as for people enrolled
in private insurance, the uninsured, Tribal communities receiving care
outside of Indian health facilities, and our military families.
Second, we are making a historic emergency commitment to paid leave
for the American family members affected by coronavirus. One of our top
priorities was to get Americans affected by coronavirus emergency paid
leave so that they can pay their bills. After intense negotiation with
Treasury, we have agreed that this is an emergency.
We will require employers to provide the leave and reimburse them for
the full cost via tax credits. Affected self-employed workers would be
eligible for refundable tax credits.
In the long run, we need a comprehensive paid leave program like the
one in the FAMILY Act. If we had that now, we would be in a far better
place with options available to us as workers confront these
challenges.
Finally, we are implementing measures to stabilize the unemployment
insurance system and make sure that workers can access their earned
benefits. These provisions will immediately help States deal with
spikes in unemployment and prepare them for any future local or
national recessions.
These provisions give States necessary flexibility to provide
unemployment insurance to coronavirus-affected individuals without
delays caused by waiting periods and work search requirements.
I want to acknowledge, in closing, that despite the urgency with
which we have worked, this legislation had the benefit of extensive
bipartisan negotiations and thoughtful consideration. My
[[Page H1688]]
staff has worked around the clock, as always, working with Ranking
Member Brady's staff to get bipartisan input into these provisions.
The Speaker and I have spent much time on the phone with the
Secretary of the Treasury to ensure, along with Mr. Mnuchin, that this
bill is a solution that the administration and both parties in this
institution can support.
As a result, we have a very good product here. I am confident this
measure will pass Congress with full bipartisan support and reach the
President's desk without issue.
As we face this challenge, Americans are looking to their government
leaders to come together and present real solutions. Today, we are
doing that. We are taking decisive action to help limit the spread of
coronavirus, allow Americans critical access to testing, and provide
families financial security in the near and the long term.
Lastly, let me acknowledge the committee staff at the Ways and Means
Committee for the work that they have put into this legislative
achievement. Legislative counsel truly put in a Herculean effort to
assemble this bill, along with leadership staff. They worked around the
clock, all hours of the day and night, to create the immediacy of this
legislation that will slow the spread of this virus, support American
workers and families, and save lives.
In particular, I want to acknowledge the teams on our Health, Worker
and Family Support, Select Revenue Measures, and Social Security
Subcommittees for their excellent contributions. The American people
will be better equipped to weather this crisis thanks to their
important bipartisan work.
Mr. Speaker, I urge full support of this legislation.
Ms. GRANGER. Mr. Speaker, I yield to 4 minutes to the gentleman from
Texas (Mr. Brady).
Mr. BRADY. Mr. Speaker, President Trump's declaration of a national
emergency is a call to action to protect American's health and well-
being and protect the economy.
This bill, thanks to the leadership of Secretary Mnuchin and Leader
McCarthy, and working with both sides of the aisle, meets many of these
goals.
The President has succeeded in working with the private sector to
achieve free testing, and now our bill builds on that. Americans in
need of lab tests for the coronavirus will get them free.
We are making good on President Trump's promise to provide financial
assistance for working Americans who are ``ill, quarantined, or caring
for others due to coronavirus,'' and it does so using our Tax Code
rather than by creating a new entitlement.
The original bill contained provisions that would create undue
burdens on America's small businesses. I have spoken directly with
President Trump, the champion of small business, who agrees that
America's small businesses need flexibility and cash flow when
providing emergency leave for workers so that they can operate and
survive during this economic challenge.
In order to help small businesses and their workers, language has
been added to this bill, and President Trump is directing the
Secretaries of the Treasury and Labor to write rules to ensure that
small businesses do have the flexibility to provide paid leave for
their employees.
They shouldn't have to be concerned about cash flow when they work to
retain the workers they need to operate and keep serving their
customers and our communities. This is vital to America's economic
rebound.
This bill also protects seniors and those with severe medical
conditions by ensuring that the Social Security Administration is not
running a new permanent mandate.
We were also able to stop some misguided demands. In this bill, the
health provisions are now limited to COVID-19 without including
unrelated treatments, ensuring that pro-life Hyde amendment protections
remain intact to prevent taxpayer funds being used for abortions.
Republicans were able to block efforts to add new burdens on
hospitals that would have overruled the CDC's science-based guidelines
and prevented critical flexibility for our local healthcare providers.
These are temporary, targeted measures. They are temporary because we
have seen what happens when a bill that is supposed to be ``timely,
targeted, and temporary'' drags on for years. It prolongs economic
hardship.
We will rebound, and we will rebound strongly. Good policies--ones
that strengthen our local communities--result in speedy recoveries.
In America, we know we are blessed, even when faced with great
adversity. We are blessed by an abundance not only of resources but of
spirit. It is that very spirit that will get us through the coronavirus
and the other challenges we face in the future.
While today's bill is not perfect, it is another step in the right
direction toward safety and security and a revitalized economy.
I encourage my colleagues to vote for this bill and then come back to
the table so we can continue our work to keep American workers and
families prepared, safe, and healthy.
Ms. GRANGER. Mr. Speaker, I urge a ``yes'' vote on this bill, and I
yield back the balance of my time.
Mrs. LOWEY. Mr. Speaker, the hour is late, vote ``yes,'' and I yield
back the balance of my time.
Mr. McGOVERN. Mr. Speaker, we have once again been called to respond
to a crisis.
In the past, we have faced national security threats and natural
disasters. But today, it is something radically different: A pandemic.
What started half a world away has now spread to more than 100
countries, including the United States. Layoffs have begun, schools
have cancelled classes, and large gatherings have been banned.
The impacts of this virus are cascading across society. People's
health is at risk. And for many their economic reality has changed
overnight.
People need to get tested. Quarantined workers are wondering how they
will pay their bills. Healthcare workers are putting their own health
at risk. And children are missing their school lunches.
They need help.
They need help now.
The coronavirus knows no border. It knows no political party. And Mr.
Speaker, our response shouldn't either.
Ms. JOHNSON of Texas. Mr. Speaker, today, I rise in support of the
Families First Coronavirus Response Act, which will provide the crucial
support for our workforce and economy amid the current public health
emergency associated with COVID-19. It is our duty to care for all
members of our society, and this stimulus package will do so. We will
ensure that hourly workers and families have access to emergency paid
sick leave, food security, and--most importantly--free testing for
corona virus regardless of insurance status.
For families' economic security, we have secured paid emergency
leave, with two weeks of paid sick leave and up to three months of paid
family and medical leave. We have also secured enhanced Unemployment
Insurance, a step that will extend protections to furloughed workers.
For families' food security, we have strengthened nutrition security
initiatives, including SNAP, student meals, seniors' nutrition and food
banks. For the twenty-two million children who rely on free or reduced-
price school meals for their food security, we must ensure that they
have food to eat.
For families' health security, we have increased federal funds for
Medicaid to support our local, state, tribal and territorial
governments and health systems, so that they have the resources
necessary to combat the coronavirus.
As representatives of Americans from all corners of our country, we
have a responsibility to protect the health and well-being of our
communities in times of crisis. I urge my colleagues to support the
Families First Coronavirus Response Act.
Mr. BISHOP of Georgia. Mr. Speaker, I strongly support this bill.
As Chairman of the Agriculture, Rural Development, and FDA
Subcommittee of Appropriations, I want to acknowledge the tremendous
cooperation between the Appropriations and authorizing committees in
producing this bill so quickly.
It takes a truly multi-jurisdictional approach to addressing the
urgent needs, many families will have, as we face this pandemic.
[The fight against this scourge will be tough and we must be
prepared.]
Last week we provided $61 million to FDA for the development and
review of medical countermeasures, devices, therapies, and vaccines to
combat the coronavirus.
Today, we work to protect our families.
Cancellation of conferences, sporting events and other gatherings is
having a major impact on the hospitality, transportation, and related
industries, resulting in layoffs that will likely cause families to
turn to WIC and food banks for help.
Schools are closing, leaving children without free and reduced-price
meals.
[[Page H1689]]
But I am pleased this bill would allow households with eligible
children to receive emergency SNAP assistance to put food on the table.
Three programs get additional funds in this bill.
First, we provide $500 million for WIC to provide nutritious foods
for low-income pregnant women or mothers with young children who lose
their jobs or are laid off due to the coronavirus emergency.
Second, we provide $400 million for The Emergency Food Assistance
Program--TEFAP--to help local food banks meet increased demand during
the emergency.
Third, we provide $100 million for Nutrition Assistance for the U.S.
Territories. Puerto Rico, American Samoa, and the Northern Mariana
Islands rely on Congress to block grant their SNAP funds in an
emergency and these funds will support their pandemic response.
Thanks to the Chairs and staffs of the Appropriations and authorizing
committees who worked so hard over the last 72 hours on this bill. It
will bring relief, consolation, and hopefully food security to our
constituents.
Mr. SCOTT of Virginia. Mr. Speaker, the spread of COVID-19 will
present increasingly severe challenges for students, workers, and
families. Communities across the country are counting on this Congress
to deliver a bold, immediate, and targeted response.
The Families First Coronavirus Response Act--which is the result of
careful bipartisan negotiations--is an important step toward providing
the American people the support they need to confront this national
emergency.
This bill ensures that all Americans can access cost-free COVID-19
testing.
It provides states and schools the flexibility they need to ensure
that students do not go hungry during school closures. It also provides
child and adult care providers additional support to make sure people
are getting the nutrition they need.
It provides women, infants, and children with the flexibility to
access WIC food benefits and infant formula without the need to make
unsafe visits to clinics.
It provides workers 14 days of emergency paid sick leave, so they are
not forced to choose between their paycheck and their health.
And it also provides enhanced unemployment compensation and paid
family and medical leave so that workers can take time off to care for
themselves and their loved ones without losing their jobs.
By passing this legislation, we protect the health and financial
security of millions of students, workers, and families.
But we must recognize that this package alone is not sufficient. In
the coming weeks, we must be willing to take further action to address
the consequences of this epidemic.
For example, I am particularly concerned that this bill does not
include important safety protections for our front-line health care
workers, who will be called upon to perform heroic work in the months
ahead. I will continue to work with my colleagues to pass necessary
legislation to protect their safety.
Additionally, at the last minute, provisions were inserted into the
bill that regrettably denied some workers paid leave benefits. But
millions of workers will have access to paid leave that is not
available to them today.
So, I urge all Members to support the Families First Coronavirus
Response Act.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I rise in strong support
of the Families First Coronavirus Response Act which is designed to put
families first, protect and stabilize our economy, and provide
Americans with assurance that this House has their needs and interests
at the top of our priority concerns.
I support this measure because--during this period of uncertainty--it
helps provide critical paid sick and family leave for workers affected
by this public health crisis.
Approximately 80 million workers aged 16 and older are paid hourly,
which means they typically lack paid sick and family leave.
Around 75 percent of workers live paycheck to paycheck.
These benefits will help cover employees who are sick, quarantined,
or caring for loved ones who must remain at home.
If a worker is furloughed, laid off, or exhausts their paid leave, it
provides enhanced unemployment benefits and flexibility in eligibility
requirements to help.
The bill provides free testing to determine who is affected.
It provides substantial dollars to nutrition for low-income
individuals--including pregnant women, mothers with young children,
food banks, students receiving free and reduced lunch whose schools
have closed, and seniors.
It safeguards Medicare benefits and payments, protects frontline
health care workers, and directs special attention to the hardest hit
communities.
I am pleased to support this bill because it is an important step by
our country's leaders to say to the American people that we've got your
back. We are not done. This House will take further action when needed
to help our residents weather this crisis.
Mr. WALDEN. Mr. Speaker, I rise today in support of the bill. The
American people are rightly concerned about coronavirus, and as a
Congress, we have a responsibility to help them deal with this crisis.
Many Americans--sick or not--will need to stay home from work. Many
will need access to testing and care. Our state and local health care
providers and first responders are on the front lines of this fight.
We're all in this together. That's how I'm thinking about it as a
citizen--for my family--and as United States Congressman working for
you, for Oregon, and for our nation.
Last week, we approved over $8 billion to get more tests out into our
communities, reimburse local entities for the work they are doing, and
to find a vaccine and treatments. We need to do more, and that's what
we will do today.
By working together, our efforts will leave our country better
prepared to address this crisis. But I must note that more could have
been done.
First, we all know hospitals across the nation are preparing to treat
a surge of patients and health care providers are already running low
on crucial respirator masks. We need to make more of these masks
available to protect our health workers who are on the front lines of
this pandemic. By making commonsense changes to the PREP Act, we could
boost the availability and supply of critically needed respirators.
This is a missed opportunity, but I'm going to keep pushing. We need to
get these crucial pieces of protective equipment out to communities who
need them most.
Second, our front-line needs reinforcements. We currently have
provider shortages; to win this next stage of the fight we must
maintain sufficient hospital staffing. Dr. Burgess and Representative
Eshoo have a bipartisan bill that would improve the ``Ready Reserve''
of the United States Public Health Service Commissioned Corps. The
``Ready Reserve's'' purpose is to fulfill the need for additional
personnel on short notice for public health and emergency response. We
must improve the surge capacity of our health care workforce. Why this
was left out is maddening; it makes no sense.
Of course, we all know there will be more work to do in the coming
weeks. We must get ready. We need to turn our attention to our medical
product supply chain--both for this pandemic and future ones.
For me, this is not a new concern, prior to the coronavirus outbreak,
I've raised concern about our country's overreliance on foreign
pharmaceutical manufacturing. If a country monopolizes the production
of a drug and wishes to retaliate against the U.S., they could
substantially increase drug prices or reduce supply in an attempt to
cause shortages, limiting access to critical medications. This could
put American lives at risk in a time of crisis.
Finally, I still believe the Medicaid policies in the bill could have
been designed more effectively and better-targeted to the immediate
challenge presented by COVID-19. With that said, states and localities
are on the front lines and this enhanced funding will help states
immediately address public health needs as well as handle an expected
surge in new patients.
Even with these concerns, I do rise in support of the bill because we
need to make sure people can get tested, help those who have to stay
home from work and their families, and ensure our health professionals
have the support they need from the federal government.
I urge my colleagues to support this bill. To the American people,
our country is strong. Our economy is resilient. Do not panic but be
smart and vigilant and we can overcome this challenge.
Ms. LEE of California. Mr. Speaker, I rise in strong support of the
Families First Coronavirus Response Act.
I want to thank our Speaker for her remarkable and steady leadership,
our entire leadership team, the committee chairs, and our
Appropriations Chair, Nita Lowey who helped to craft this package.
We must boldly fight this pandemic with all the science-based tools
and resources we have. And we must put families first.
The bill before us does exactly that by:
Providing free coronavirus testing for everyone who needs it,
Establishing an emergency paid leave program,
Enhancing state unemployment benefits,
Strengthening food assistance programs for seniors and school kids.
I urge all members to support this critical legislation to help
address the needs of families across this nation facing the impact of
this pandemic.
Lastly, I want to thank the Governor, State Officials, our Mayor,
Local Officials, Port of Oakland, our workers, Federal Partners, and
our residents who have pulled together so that public health protocols
were put in place to ensure the health and safety of everyone including
the West Oakland community.
[[Page H1690]]
The West Oakland community has been significant challenged by
environmental racism and injustice in the past. I am proud of the
community their compassion and competence and for stepping up during
these challenging times.
Ms. OMAR. Mr. Speaker, as we respond to the Coronavirus pandemic,
it's crucial that we don't forget the 22 million children who rely on
free or reduced-priced school lunches.
For many kids, it is the only meal they get each day. It is our
responsibility to ensure that kids continue to get the meals they need.
I'm proud that the package the House is passing today includes my
legislation--the Maintaining Essential Access to Lunch for Students
Act.
My bill gives schools that are forced to close during a public health
emergency the flexibility to implement alternate options--like home
delivery of meals--in order to ensure their students are fed.
I urge my colleagues to vote yes on this bill and ensure that no
child goes hungry due to school closures in times of crisis.
Ms. JACKSON LEE. Mr. Speaker, I rise to speak in strong support of
H.R. 6201, the Families First Coronavirus Response Act of 2020, which
provides much needed protections for American families from the worst
conditions that might arise as the nation fights the spread of COVID-
19.
My thoughts and prayers are with the families who have lost loved
ones and the thousand who are sick, and the many others who will
struggle with the effects of COVID-19 over the coming days, weeks, and
months.
We owe a special debt to First Responders who will be the lifeline
for those who will need medical care to overcome this coronavirus
designated as COVID-19.
The legislation includes:
Health Care Worker Protections;
Emergency Paid Leave;
Emergency Unemployment Insurance; and
Paid Sick Days for Public Health Emergencies and Personal and Family
Care.
This bill provides immediate help to American families that are now
on the frontline of this fight to defeat COVID-19.
Yesterday, the World Health Organization declared COVID-19 a
pandemic, which has reached at least 114 countries, sickening over
139,000 people, and killing more than 5,116 worldwide.
The first presumptive COVID-19 positive case was reported in the
Houston area occurred in Montgomery County, Texas, which borders Harris
County, the location of Houston, Texas.
Montgomery County, Texas officials confirmed that the man has not
traveled out of the state or country recently.
Currently, the 20 people he had been in close contact with are in
self-quarantine.
If the case is confirmed by the CDC, this could be the first
community-spread case in the Houston area.
Community-spread occurring is the reason why we need tests in enough
supply that everyone can be tested so that we know the state of COVID-
19 in each community.
While the Houston area has other cases that are linked to travel
outside of the state, this is the first case not linked to travel
outside of the state.
The Montgomery County, Texas Public Health officials took steps to
protect children by closing schools two days before spring break to do
a deep clean, and they are expecting to resume classes after the break.
The person is being treated at an undisclosed hospital and is
reported to be under observation and doing well.
COVID-19 is more contagious than the flu.
The contagious score is 1.5 and COVID-19 is 2.3.
Although symptoms are compared to the flu, COVID-19 is not the flu.
Because there is no immunity, vaccine, or widely agreed upon
treatment there are only a few options for protecting the public and
limiting its spread.
This is a time in our nation that historians will write about and
anthropologists will study, but for us--living today--we are in a fight
against a foe that we have never faced before, but we must defeat.
The army before us are our medical researchers, doctors, nurses,
first responders, and sanitation workers, but they cannot defeat this
enemy alone.
Each of us, not just in the United States but around the world must
join the fight by paying attention to facts and not spread rumors.
The weapons for slowing the spread of COVID-19 are simple and they
work:
Washing hands;
Sanitizing surfaces;
Social Distance;
Isolation; and
Quarantines.
These tools for controlling the spread of infectious diseases are as
old as civilization and are still used today because they work.
Some of the first records of the use of cleaning, washing, and
isolation of the sick and those thought to be ill is found in the Bible
in the Book of Leviticus Chapter 13.
It provides detailed instructions to the community about leprosy, a
dreaded contagious disease.
To defeat COVID-19, we must practice hand washing, social distance,
isolation, and quarantine.
Hand washing sounds simple but it involves much more attention and
time to do it right--and remove germs.
To get accurate instructions on what is needed to know visit https://
coronavirus.gov, where information can be found on cleaning and
personal care.
Social distance means limiting physical contact and having at least
six feet separating persons while in public spaces.
Social distance practices can include not shaking hands, or touching
surfaces where the virus can be picked up.
Social distance can also involve limiting the number of people who
may be in an enclosed space.
Isolation for at least 14 days is for persons who may have been in
contact with a person who tests positive for COVID-19.
Quarantine is for persons who are suspected of having COVID-19 or
tested positive for having COVID-19.
Given the fluid nature of the events unfolding each person should be
informed and ready to support efforts to prevent or slow the spread of
the illness.
The National Institutes of Health, the CDC, university researchers,
and private companies are working on a vaccine, which will take a year
to produce in enough quantities to inoculate people from becoming
infected with COVID-19.
In the meantime, we must do all that we can to protect the elderly;
those with serious pre-existing health conditions, and our health care
workers from contracting COVID-19.
I believe that we must do more to prepare the public for what may be
localized, household, or individual quarantines to address the spread
of COVID-19.
We must vastly increase the number of tests and make sure that
everyone presenting with mild cold or flu like symptoms is tested to
accurately gauge the spread of COVID-19 in communities.
I saw news reports in early January on the novel Coronavirus's rapid
spread and the numbers of infected expanding so quickly, I knew this
was not something to be taken lightly and that time was not on our side
to mount an effective defense.
On February 10, 2020, I held the first press conference on the issue
of the novel coronavirus at Houston Intercontinental Airport.
I was joined by public health officials, local unions, and advocates
to raise awareness regarding the virus and the implications it might
have for travel to the United States from China and to combat early
signs of discrimination targeting Asian businesses in the United
States.
On February 24, 2020, I held a second press conference on the
International Health Regulations Emergency Committee of the World
Health Organization declaration of a ``public health emergency from the
outbreak of the Coronavirus.''
At that time, I formally requested the President of the United States
by letter to immediately suspend any health-related cuts that impact
efforts to contain and treat the coronavirus, including the $3.3
billion in cuts to the National Institutes of Health (NIH) and the
discretionary budget cuts for the Centers for Disease Control and
Prevention (CDC) of nearly 19 percent at $678 million, severely
threatening the CDC's ability to respond to this and other epidemics in
the future.
Additionally, I requested the President to suspend cuts in both the
Medicare and Medicaid programs.
On February 26, 2020, I sent a letter to the Chair and Ranking Member
of the Committee on Homeland Security seeking a meeting with Acting
Secretary of Homeland Security Chad Wolf to gain insight into the
Preparedness of the Agency to address a possible pandemic.
On February 28, 2020, I spoke on the Floor of the House and announced
plans to form a Congressional Coronavirus Task Force.
I thank Congressmen Brian Fitzpatrick and Dr. Raul Ruiz for joining
me as co-chairs of the Congressional Coronavirus Task Force.
Today, March 13, 2020, the House of Representatives is offering
additional tools to help the American public during this crisis, the
second relief package in less than a week.
I want to impress upon the American people that if they have not been
paying attention to the issue of the virus, they need to stop and learn
all that they can.
First, do not panic--get informed with facts by visiting https://
coronavirus.gov, this website is maintained by the Centers for Disease
Control and Prevention (https://cdc.gov).
They must prepare for what is coming--if it has not officially
arrived in their community--do not assume that it will not make its
presence known.
[[Page H1691]]
The earlier bill provided $8.3 billion in funding in emergency
supplemental appropriations, which included:
More than $3 billion for research and development of vaccines,
therapeutics, and diagnostics;
$2.2 billion in public health funding for prevention, preparedness,
and response, $950 million of which is to support state and local
health agencies;
Nearly $1 billion for procurement of pharmaceuticals and medical
supplies, to support healthcare preparedness and Community Health
Centers, and to improve medical surge capacity;
$435 million to support health systems overseas to prevent, prepare,
and respond to the coronavirus;
$300 million to respond to humanitarian needs;
$61 million to facilitate the development and review of medical
countermeasures, devices, therapies, and vaccines, and to help mitigate
potential supply chain interruptions; and
Allows for an estimated $7 billion in low-interest loans to affected
small businesses.
On, Thursday, March 12, the Centers for Disease Control and
Prevention (CDC) reported the coronavirus outbreak has now infected
more than 1,000 people in nearly 40 U.S. states--and the country's top
authority on infectious diseases reports that things will only get
worse.
The World Health Organization reports a 3.4 percent mortality rate
for COVID-19.
The challenge with this new coronavirus is that it is highly
contagious, and of those infected, 15-20 percent contract pneumonia
And 5 percent of these cases may develop Acute Respiratory Distress
Syndrome (ARDS), which is a rapidly progressive disease occurring in
critically ill patients.
The main complication in ARDS is that fluid leaks into the lungs
making breathing difficult or impossible.
This virus is a serious public health threat, but this does not mean
that we should have a public health panic.
There are knowledgeable and trained virologists, public health
experts, and physicians who need the funding provided by this bill.
I ask that my colleagues join me in voting in support of H.R. 6201.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Lowey) that the House suspend the rules
and pass the bill, H.R. 6201, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. GRANGER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 363,
nays 40, answered ``present'' 1, not voting 26, as follows:
[Roll No. 102]
YEAS--363
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Bacon
Baird
Balderson
Barr
Barragan
Bass
Beatty
Bera
Bergman
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Comer
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cunningham
Curtis
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Dunn
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gianforte
Gibbs
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green, Al (TX)
Griffith
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Harris
Hartzler
Hastings
Hayes
Heck
Herrera Beutler
Higgins (LA)
Higgins (NY)
Hill (AR)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Hudson
Huffman
Huizenga
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (NY)
Kinzinger
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marshall
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Murphy (NC)
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Nunes
O'Halleran
Ocasio-Cortez
Omar
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Pelosi
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose (NY)
Rouda
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Stanton
Stauber
Stefanik
Stevens
Stewart
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Wasserman Schultz
Waters
Watkins
Watson Coleman
Webster (FL)
Welch
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (FL)
Wittman
Womack
Woodall
Wright
Yarmuth
Zeldin
NAYS--40
Babin
Banks
Biggs
Bishop (NC)
Buck
Budd
Burchett
Byrne
Cline
Cloud
Davidson (OH)
DesJarlais
Duncan
Emmer
Fulcher
Gallagher
Gohmert
Gooden
Green (TN)
Grothman
Hern, Kevin
Hice (GA)
Jordan
King (IA)
Lesko
Long
Loudermilk
McClintock
Mooney (WV)
Norman
Rose, John W.
Roy
Sensenbrenner
Smith (MO)
Steil
Steube
Timmons
Waltz
Weber (TX)
Wilson (SC)
ANSWERED ``PRESENT''--1
Amash
NOT VOTING--26
Abraham
Beyer
Bishop (UT)
Brownley (CA)
DeSaulnier
Gaetz
Gosar
Graves (GA)
Grijalva
Kelly (MS)
Kirkpatrick
Lewis
Lipinski
Marchant
Massie
Meadows
Mullin
Olson
Palazzo
Pingree
Ratcliffe
Rogers (AL)
Rooney (FL)
Speier
Yoho
Young
{time} 0051
Mr. RICHMOND changed his vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________