,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fbja ,,in ,,the ,,house ,,of ,,representatives ,march #aa1 #bjbj,mrs4 ,lowey 7for herself1 ,mr4 ,scott of ,virginia1 ,mr4 ,neal1 ,mr4 ,bishop of ,georgia1 ,ms4 ,de,lauro1 ,mr4 ,pallone1 and ,mr4 ,peterson7 introduced the following bill2 which was referred to the ,committee on ,appropriations1 and in addition to the ,committees on the ,budget1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,making emergency supplemental appropriations for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,families ,first ,coronavirus ,response ,act4 #b4 ,table of ,contents ,the table of contents is as follows3 ,division ,a--,second ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj ,division ,b--,nutrition ,waivers ,division ,c--,,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj ,division ,d--,emergency ,paid ,leave ,act of #bjbj ,division ,e--,emergency ,unemployment ,insurance ,stabilization and ,access ,act of #bjbj ,division ,f--,paid ,sick ,days for ,public ,health ,emergencies and ,personal and ,family ,care ,division ,g--,health ,provisions ,division ,h--,budgetary ,effects #c4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 ,a ,second ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj ,the following sums are hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes1 namely3 ,i ,department of ,agriculture ,food and ,nutrition ,service ,special ,supplemental ,nutrition ,program for ,women1 ,infants1 and ,children 7,,wic7 ,for an additional amount for the ,special ,supplemental ,nutrition ,program for ,women1 ,infants1 and ,children1 #ejj1jjj1jjj1 to remain available through ,september #cj1 #bjba3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,commodity ,assistance ,program ,for an additional amount for the ,commodity ,assistance ,program for the emergency food assistance program as authorized by section #bg7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf7;a77 and section #bjd7;a77#a7 of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #gejh7;a77#a771 #djj1jjj1jjj1 to remain available through ,september #cj1 #bjba3 ,provided1 ,that of the funds made available1 the ,secretary may use up to #ajj1jjj1jjj for costs associated with the distribution of commodities3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions--,this ,title #aja4 7a7 ,public ,health ,emergency ,during fiscal year #bjbj1 in any case in which a school is closed for at least #e consecutive days during a public health emergency designation during which the school would otherwise be in session1 each household containing at least #a member who is an eligible child attending the school shall be eligible to receive assistance pursuant to a state agency plan approved under subsection 7b74 7b7 ,assistance ,to carry out this section1 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 #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 for households with eligible children4 ,plans approved by the ,secretary shall provide for supplemental allotments to households receiving benefits under such ,act1 and issuances to households not already receiving benefits4 ,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 #e school days for each eligible child in the household4 7c7 ,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 #e consecutive days4 7d7 ,use of ebt system ,a ,state agency may provide assistance under this section through the ,,ebt card system established under section #g of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf74 7e7 ,release of information ,notwithstanding any other provision of law1 the ,secretary of ,agriculture may authorize ,state educational agencies and school food authorities administering a school lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section4 7f7 ,waivers ,to facilitate implementation of this section1 the ,secretary of ,agriculture may approve waivers of the limits on certification periods otherwise applicable under section #c7;f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7;f771 reporting requirements otherwise applicable under section #f7;c7 of such ,act 7#g ,u4,s4,c4 #bjae7;c771 and other administrative requirements otherwise applicable to ,state agencies under such ,act4 7g7 ,availability of commodities ,during fiscal year #bjbj1 the ,secretary of ,agriculture may purchase commodities for emergency distribution in any area of the ,united ,states during a public health emergency designation4 7h7 ,definitions ,in this section3 7#a7 ,the term eligible child means a child 7as defined in section #ab7;d7 or served under section #aa7;a77#a7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d71 #agei7;a77#a77 who1 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-#ai outbreak1 would receive free or reduced price school meals under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agel et seq47 at the school4 7#b7 ,the term public health emergency designation means the declaration-- 7,a7 of a public health emergency1 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential1 by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,b7 of a domestic emergency1 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential1 by the ,secretary of ,homeland ,security4 7#c7 ,the term school has the meaning given the term in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d774 7i7 ,funding ,there are hereby appropriated to the ,secretary of ,agriculture such amounts as are necessary to carry out this section3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #ajb4 ,in addition to amounts otherwise made available1 #ajj1jjj1jjj1 to remain available through ,september #cj1 #bjba1 shall be available for the ,secretary of ,agriculture to provide grants to the ,commonwealth of the ,northern ,mariana ,islands1 ,puerto ,rico1 and ,american ,samoa for nutrition assistance in response to a ,,covid-#ai public health emergency3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ii ,department of ,labor ,employment and ,training ,administration ,program ,administration ,for an additional amount for ,program ,administration1 #e1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to administer the emergency paid sick days program3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of ,health and ,human ,services ,administration for ,community ,living ,aging and ,disability ,services ,programs ,for an additional amount for ,aging and ,disability ,services ,programs1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjba1 for activities authorized under subparts #a and #b of part ,c1 of title ,,iii1 and under title ,,vi1 of the ,older ,americans ,act of #aife1 of which #afj1jjj1jjj shall be for ,home-,delivered ,nutrition ,services1 #hj1jjj1jjj shall be for ,congregate ,nutrition ,services1 and #aj1jjj1jjj shall be for ,nutrition ,services for ,native ,americans3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iii ,general ,provisions--,this ,act #cja4 ,not later than #cj days after the date of enactment of this ,act1 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 ,senate3 ,provided1 ,that each report shall include estimated personnel and administrative costs1 as well as the total amount of funding apportioned1 allotted1 obligated1 and expended1 to date3 ,provided further1 ,that each such plan shall be updated and submitted to such ,committees every #fj days until all funds are expended or expire4 #cjb4 ,each amount appropriated or made available by this ,act is in addition to amounts otherwise appropriated for the fiscal year involved4 #cjc4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #cjd4 ,unless otherwise provided for by this ,act1 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 #bjbj4 #cje4 ,each amount designated in this ,act by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded or transferred1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #cjf4 ,any amount appropriated by this ,act1 designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and subsequently so designated by the ,president1 and transferred pursuant to transfer authorities provided by this ,act shall retain such designation4 ,this division may be cited as the ,second ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj4 ,b ,nutrition ,waivers ,i ,maintaining ,essential ,access to ,lunch for ,students ,act #aja4 ,short title ,this title may be cited as the ,maintaining ,essential ,access to ,lunch for ,students ,act or the ,,meals ,act4 #ajb4 ,waiver exception for school closures due to ,,covid-#ai 7a7 ,in general ,the requirements under section #ab7l77#a77;,a77iii7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l77#a77;,a77iii77 shall not apply to a qualified ,,covid-#ai waiver4 7b7 ,allowable increase in ,federal costs ,notwithstanding paragraph 7#d7 of section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l771 the ,secretary of ,agriculture may grant a qualified ,,covid-#ai waiver that increases ,federal costs4 7c7 ,termination after periodic review ,the requirements under section #ab7l77#e7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l77#e77 shall not apply to a qualified ,,covid-#ai waiver4 7d7 ,qualified ,,covid-#ai waiver ,in this section1 the term qualified ,,covid-#ai waiver means a waiver-- 7#a7 requested by a ,state 7as defined in section #ab7;d77#h7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d77#h777 or eligible service provider under section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l772 and 7#b7 to waive any requirement under such ,act 7#db ,u4,s4,c4 #agea et seq47 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 or any regulation issued under either such ,act1 for purposes of providing meals and meal supplements under such ,acts during a school closure due to ,,covid-#ai4 ,,ii ,,covid--#ai ,child ,nutrition ,response ,act #bja4 ,short title ,this title may be cited as the ,,covid-#ai ,child ,nutrition ,response ,act4 #bjb4 ,national school lunch program requirement waivers addressing ,,covid-#ai 7a7 ,nationwide waiver 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may establish a waiver for all ,states under section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l771 for purposes of-- 7,a7 providing meals and meal supplements under a qualified program2 and 7,b7 carrying out subparagraph 7,a7 with appropriate safety measures with respect to ,,covid-#ai1 as determined by the ,secretary4 7#b7 ,state election ,a waiver established under paragraph 7#a7 shall-- 7,a7 notwithstanding paragraph 7#b7 of section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l771 apply automatically to any ,state that elects to be subject to the waiver without further application2 and 7,b7 not be subject to the requirements under paragraph 7#c7 of such section4 7b7 ,child and adult care food program waiver ,notwithstanding any other provision of law1 the ,secretary may grant a waiver under section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l77 to allow non-congregate feeding under a child and adult care food program under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 if such waiver is for the purposes of-- 7#a7 providing meals and meal supplements under such child and adult care food program2 and 7#b7 carrying out paragraph 7#a7 with appropriate safety measures with respect to ,,covid-#ai1 as determined by the ,secretary4 7c7 ,meal pattern waiver ,notwithstanding paragraph 7#d77;,a7 of section #ab7l7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7l77 the ,secretary may grant a waiver under such section that relates to the nutritional content of meals served if the ,secretary determines that-- 7#a7 such waiver is necessary to provide meals and meal supplements under a qualified program2 and 7#b7 there is a supply chain disruption with respect to foods served under such a qualified program and such disruption is due to ,,covid-#ai4 7d7 ,reports ,each ,state that receives a waiver under subsection 7a71 7b71 or 7c71 shall1 not later than #a year after the date such ,state received such waiver1 submit a report to the ,secretary that includes the following3 7#a7 ,a summary of the use of such waiver by the ,state and eligible service providers4 7#b7 ,a description of whether such waiver resulted in improved services to children4 7e7 ,sunset ,the authority of the ,secretary to establish or grant a waiver under this section shall expire on ,september #cj1 #bjbj4 7f7 ,definitions ,in this section3 7#a7 ,qualified program ,the term qualified program means the following3 7,a7 ,the school lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7,b7 ,the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7,c7 ,the child and adult care food program under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff74 7,d7 ,the summer food service program for children under section #ac of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfa74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,state ,the term ,state has the meaning given such term in section #ab7;d77#h7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d77#h774 ,,iii ,,snap ,waivers #cja4 ,,snap ,flexibility for low-,income jobless workers 7a7 ,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 #cai of the ,public ,health ,service ,act based on an outbreak of coronavirus disease #bjai 7,,covid-#ai7 is lifted1 eligibility for supplemental nutrition assistance program benefits shall not be limited under section #f7o77#b7 of the ,food and ,nutrition ,act of #bjjh unless an individual does not comply with the requirements of a program offered by the ,state agency 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh7 that meets the standards of subparagraphs 7,b7 or 7,c7 of such section #f7o77#b74 7b7 ,beginning on the month subsequent to the month the public health emergency declaration by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act based on an outbreak of ,,covid-#ai is lifted for purposes of section #f7o7 of the ,food and ,nutrition ,act of #bjjh1 such ,state agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month4 #cjb4 ,additional ,,snap flexibilities in a public health emergency 7a7 ,in the event of a public health emergency declaration by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act based on an outbreak of coronavirus disease #bjai 7,,covid-#ai7;and the issuance of an emergency or disaster declaration by a ,state based on an outbreak of ,,covid-#ai1 the ,secretary of ,agriculture-- 7#a7 shall provide1 at the request of a ,state agency 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh7 that provides sufficient data supporting such request1 as determined by the ,secretary1 for emergency allotments to households participating in the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh to address temporary food needs not greater than the applicable maximum monthly allotment for the household size2 and 7#b7 may adjust at the request of ,state agencies or in consultation with ,state agencies1 by guidance1 issuance methods and application and reporting requirements under the ,food and ,nutrition ,act of #bjjh to be consistent with what is practicable under actual conditions in affected areas4 7,in making this adjustment1 the ,secretary shall consider the availability of offices and personnel in ,state agencies1 any conditions that make reliance on electronic benefit transfer systems described in section #g7;h7 of the ,food and ,nutrition ,act of #bjjh impracticable1 any disruptions of transportation and communication facilities1 and any health considerations that warrant alternative approaches47 7b7 7#a7 ,the ,secretary of ,agriculture shall make any requests submitted by ,state agencies under subsection 7a71 the ,secretary's approval or denial of such requests1 and any guidance issued under subsection 7a77#b7 publicly available on the website of the ,department of ,agriculture4 7#b7 ,the ,secretary of ,agriculture shall post the information described in paragraph 7#a7 on the website of the ,department of ,agriculture not later than #aj days after receipt or issuance of such information4 7c7 ,the ,secretary of ,agriculture shall1 within #ah months after the public health emergency declaration described in subsection 7a7 is lifted1 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 emergency1 any information or data supporting ,state agency requests1 any additional measures that ,states requested that were not approved1 and recommendations for changes to the ,secretary's authority under the ,food and ,nutrition ,act of #bjjh to assist the ,secretary and ,states and localities in preparations for any future health emergencies4 ,c ,,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj #a4 ,short title ,this ,act may be cited as the ,,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,the infectious disease ,,covid-#ai presents a grave danger to health care workers who are the first line of defense of the ,united ,states against this epidemic4 7#b7 ,hundreds of health care workers in the ,united ,states have been infected or quarantined due to exposure to patients with ,,covid-#ai4 ,surveys conducted by health care worker unions and others have found that many health care facilities are inadequately prepared to safely protect health care workers who are exposed to the virus4 7#c7 ,inadequate infection control precautions have a detrimental impact on health care workers1 patients and the public1 and if there is breakdown in health care worker protections1 the nation's public health system is placed at risk4 7#d7 ,the ,severe ,acute ,respiratory ,syndrome 7hereinafter referred to as ,,sars7 epidemic of #bjjc and #bjjd in ,canada1 which involved a coronavirus1 resulted in a disproportionately large number of infections of both health care workers and patients in ,ontario1 ,canada1 hospitals due to insufficient infection control procedures involving ,,sars4 7#e7 ,the ,occupational ,safety and ,health ,administration began rulemaking on a standard to protect health care workers from airborne and other infectious diseases in #bjji4 ,in #bjag1 the ,trump ,administration suspended work on this rulemaking1 removing it from the active ,regulatory ,agenda4 7#f7 ,the ,centers for ,disease ,control and ,prevention issued a document entitled1 #bjjg ,guideline for ,isolation ,precautions3 ,preventing ,transmission of ,infectious ,agents in ,healthcare ,settings in ,july1 #bjjg4 ,however1 the guideline in such document is not binding4 7#g7 ,absent an enforceable standard1 employers lack mandatory requirements to implement an effective and ongoing infection and exposure control program that provides protection to health care workers from ,,covid-#ai4 7#h7 ,section #f7;c77#a7 of the ,occupational ,safety and ,health ,act authorizes the ,occupational ,safety and ,health ,administration to issue an 8,emergency ,temporary ,standard0 if employees are exposed to grave danger from harmful agents or new hazards and if an emergency standard is necessary to protect employees from such danger4 ,the widespread outbreak of ,,covid-#ai clearly satisfies these two conditions4 7#i7 ,the ,occupational ,safety and ,health ,administration has received two petitions in ,march #bjbj calling on the ,occupational ,safety and ,health ,administration to issue an ,emergency ,temporary ,standard to protect workers from ,,covid-#ai4 7#aj7 ,an ,emergency ,temporary ,standard is necessary to ensure the immediate protection of workers in health care workplaces and other high-risk workplaces identified by the ,centers for ,disease ,control and ,prevention and the ,occupational ,safety and ,health ,administration from infection related to ,,covid-#ai4 ,i ,covid-#ai ,emergency ,temporary ,standard #aja4 ,covid-#ai emergency temporary standard 7a7 ,emergency temporary standard ,pursuant to section #f7;c77#a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;c77#a771 not later than #a month after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate an emergency temporary standard to protect from occupational exposure to ,,sars-,co,v-#b-- 7#a7 employees of health care sector employers2 and 7#b7 employees in other sectors whom the ,centers for ,disease ,control and ,prevention or the ,occupational ,safety and ,health ,administration identifies as having elevated risk4 7b7 ,permanent standard ,upon publication of the emergency standard under subsection 7a71 the ,secretary of ,labor shall commence a proceeding to promulgate a standard under section #f7;c77#c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;c77#c77 with respect to such emergency temporary standard4 7c7 ,requirements ,each standard promulgated under this section shall-- 7#a7 require the employers of the employees described in subsection 7a7 to develop and implement a comprehensive infectious disease exposure control plan2 and 7#b7 at a minimum1 be based on the precautions for severe acute respiratory syndrome 7,,sars7 in the #bjjg ,guideline for ,isolation ,precautions3 ,preventing ,transmission of ,infectious ,agents in ,healthcare ,settings of the ,centers for ,disease ,control and ,prevention and any subsequent updates2 and 7#c7 provide no less protection for novel pathogens than precautions mandated by standards adopted by a ,state plan that has been approved by the ,secretary of ,labor under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 ,,ii ,amendments to the ,social ,security ,act #bja4 ,application of ,covid-#ai emergency temporary standard to certain facilities receiving medicare funds 7a7 ,in general ,section #ahff of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,x71 by striking and at the end2 7,b7 in subparagraph 7,y71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after subparagraph 7,y7 the following new subparagraph3 7,z7 in the case of hospitals that are not otherwise subject to the ,occupational ,safety and ,health ,act of #aigj 7or a ,state occupational safety and health plan that is approved under section #ah7;b7 of such ,act7 and skilled nursing facilities that are not otherwise subject to such ,act 7or such a ,state occupational safety and health plan71 to comply with the standards promulgated under section #aja of the ,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj4 2 and 7#b7 in subsection 7b77#d7-- 7,a7 in subparagraph 7,a71 by inserting and a hospital or skilled nursing facility that fails to comply with the requirement of subsection 7a77#a77,z7 7relating to the standards promulgated under section #aja of the ,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj7 after ,bloodborne ,pathogens ,standard72 and 7,b7 in subparagraph 7,b7-- 7i7 by striking 7a77#a77,u7 and inserting 7a77#a77,v72 and 7ii7 by inserting 7or1 in the case of a failure to comply with the requirement of subsection 7a77#a77,z71 for a violation of the standards referred to in such subsection by a hospital or skilled nursing facility1 as applicable1 that is subject to the provisions of such ,act7 before the period at the end4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply beginning on the date that is #a month after the date of promulgation of the emergency temporary standard under section #aja of the ,,covid-#ai ,health ,care ,worker ,protection ,act of #bjbj4 ,d ,emergency ,paid ,leave ,act of #bjbj #aja4 ,short title ,this division may be cited as the ,emergency ,paid ,leave ,act of #bjbj4 #ajb4 ,emergency paid leave benefits ,the ,social ,security ,act is amended by inserting after title ,v the following3 ,,vi ,emergency ,paid ,leave ,benefits #fja4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,emergency leave day 7,a7 ,in general ,the term emergency leave day means1 with respect to an individual1 a calendar day in which the individual is not able to engage in employment due to any of the following reasons3 7i7 ,the individual has a current diagnosis of ,,covid-#ai4 7ii7 ,the individual is under quarantine 7including self-imposed quarantine71 at the instruction of a health care provider1 employer1 or a local1 ,state1 or ,federal official1 in order to prevent the spread of ,,covid-#ai4 7iii7 ,the individual is engaged in caregiving for an individual who has a current diagnosis of ,,covid-#ai or is under quarantine as described in clause 7ii74 7iv7 ,the individual is engaged in caregiving1 because of the ,,covid-#ai-related closing of a school or other care facility or care program1 for a child or other individual unable to provide self-care4 7,b7 ,limitation ,no calendar day may be treated as an emergency leave day with respect to an individual if the individual-- 7i7 received any form of compensation from an employer 7other than ,state or private paid leave71 including wages or any form of accrued paid leave1 for such day2 or 7ii7 was eligible for unemployment compensation for the week in which such day occurs4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#c7 ,eligible individual ,the term eligible individual means an individual who had wages or self-employment income during the #cj-;day period ending on the first emergency leave day with respect to such individual4 7#d7 ,self-employment income ,the term self-employment income has the meaning given the term in section #adjb7;b7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by section #adja7;b7 of such ,code4 7#e7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia or any territory or possession of the ,united ,states4 7#f7 ,state or private paid leave ,the term ,state or private paid leave means a benefit which provides full or partial wage replacement to employees on the basis of specifically defined qualifying events described in section #ajb of the ,family and ,medical ,leave ,act of #aiic or defined by a written employer policy or ,state law and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted4 7#g7 ,unemployment compensation ,the term unemployment compensation means-- 7,a7 regular compensation1 extended compensation1 and additional compensation 7as such terms are defined by section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act 7#bf ,u4,s4,c4 #ccjd note772 and 7,b7 assistance under section #daj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagg74 7#h7 ,wages ,the term wages has the meaning given such term in section #caba7;a7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by sections #caja7;b7 and #caaa7;b7 of such ,code4 #fjb4 ,emergency paid leave benefits 7a7 ,in general ,the ,commissioner shall pay an emergency paid leave benefit1 to be paid electronically or1 if necessary1 by mail1 to each eligible individual for each #cj-;day period beginning and ending in the benefit period 7not to exceed #c7 for which the eligible individual has filed an application containing such certifications as required under subsection 7e74 7b7 ,benefit amount 7#a7 ,in general ,subject to paragraph 7#b71 the amount of the emergency paid leave benefit to which an individual is entitled under subsection 7a7 for a #cj-;day period shall be an amount 7not to exceed #d1jjj7 equal to #b_/c of the individual's average monthly earnings4 7#b7 ,reduction based on receipt of ,state or private paid leave ,the amount of an emergency paid leave benefit to which an individual is entitled under subsection 7a7 for a #cj-;day period shall be reduced by #a for each dollar of ,state or private paid leave received by the individual for such period4 7#c7 ,average monthly earnings ,for purposes of this subsection1 an individual's average monthly earnings shall be equal to the quotient obtained by dividing-- 7,a7 the total of the wages and self-employment income received by the individual during the most recent calendar year preceding an application for an emergency paid leave benefit under this section for which data is available to the ,commissioner2 by 7,b7 #ab4 7c7 ,benefit period ,for purposes of this section1 the benefit period begins on ,january #ai1 #bjbj1 and ends on the date that is #a year after the date of enactment of this title4 7d7 ,retroactive benefits ,an application for benefits for any month beginning and ending in the benefit period may be filed at any time prior to the date that is #ahj days after the end of such benefit period4 7e7 ,application 7#a7 ,in general ,an application for an emergency paid leave benefit under this section for a #cj-;day period shall include-- 7,a7 an attestation by the individual-- 7i7 that he or she is an eligible individual2 7ii7 that at least #ad emergency leave days with respect to the individual occurred1 or are expected to occur1 during such period2 and 7iii7 that the individual has informed his or her employer of the individual's need to take emergency leave1 if the individual has an employer4 7#b7 ,availability ,the ,commissioner shall accept applications online1 by telephone1 and by mail4 7#c7 ,authentication of identity ,the ,commissioner is authorized to take such steps as are necessary to authenticate the identity of applicants4 7#d7 ,penalties for fraud ,any fraud or misrepresentation relating to an application for benefits under this title shall be treated as a violation of section #bjh4 7f7 ,ineligibility based on fraud and criminal activity 7#a7 ,ineligibility following certain convictions ,an individual who has been convicted of a violation under section #bjh or who has been found to have used false statements to secure benefits under this section shall be ineligible for benefits under this section4 7#b7 ,ineligibility of prisoners ,an individual shall be ineligible for a benefit under this section for any #cj-;day period with respect to which the individual is an individual described in clause 7i71 7ii71 or 7iii7 of section #bjb7x77#a77;,a74 7g7 ,review of eligibility and benefit payment determinations 7#a7 ,burden of proof ,an application for benefits under this section shall be presumed to be true and accurate1 unless the ,commissioner demonstrates by a preponderance of the evidence that information contained in the application is false4 7#b7 ,review 7,a7 ,in general ,an individual may request review of an adverse determination with respect to such application or of a benefit payment determination and shall have the same appeals rights as provided under title ,,ii4 7,b7 ,final determinations ,all final determinations of the ,commissioner under this subsection shall be reviewable according to the procedures set out in section #bje4 7#c7 ,program integrity ,the ,commissioner shall have the authority to conduct random sample audits of benefits provided under this title to ensure compliance with the eligibility requirements for such benefits4 7h7 ,protection of existing benefit rights 7#a7 ,in general ,this title does not preempt or supercede any provision of ,state or local law that authorizes a ,state or local municipality to provide paid leave benefits similar to the benefits provided under this title4 7#b7 ,greater benefits allowed ,nothing in this title shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this title4 7i7 ,reimbursement grants to ,states ,not later than ,july #a1 #bjba1 the ,secretary of the ,treasury1 in consultation with the ,commissioner of ,social ,security1 shall make a grant to each ,state in an amount equal to the total amount1 for all #cj-;day periods beginning and ending in the benefit period1 by which benefits under this title were reduced under subsection 7b77#b7 as a result of ,state and private paid leave paid by such ,state or under the law of such ,state4 7j7 ,applicability of certain title ,,ii provisions ,the provisions of sections #bjd1 #bje1 #bjf1 and #bjh shall apply to benefit payments made under this section in the same way that such provisions apply to benefit payments made under title ,,ii4 7k7 ,no effect on eligibility for ,,ssi ,any benefit paid to an individual under this title shall not be regarded as income or resources for any month1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under the ,supplemental ,security ,income program4 #fjc4 ,funding and expedited implementation authority 7a7 ,funding ,there are appropriated such sums as necessary to the ,commissioner of ,social ,security to administer and pay benefits under the program established under this title1 and to the ,secretary of the ,treasury for reimbursement grants under section #fjb7;i74 7b7 ,expedited implementation authority ,in order to expedite the implementation of the emergency paid leave program under this title1 the ,commissioner is authorized to waive existing ,federal requirements regarding paperwork reduction1 system of records notices1 contracting and acquisitions1 and hiring4 7c7 ,protection of existing employee rights ,this title does not preempt or supersede existing collective bargaining agreements4 #fjd4 ,protection of ,social ,security trust funds ,no funds from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund or the ,federal ,disability ,insurance ,trust ,fund1 or appropriated to the ,social ,security ,administration for the administration of titles ,,ii or ,,xvi1 may be used for any purpose under this title4 #fje4 ,taxation of emergency leave benefits ,no amount received by an individual under this title shall be included in gross income for purposes of the ,internal ,revenue ,code of #aihf4 4 #ajc4 ,amendments to the ,family and ,medical ,leave ,act of #aiic 7a7 ,public health emergency leave ,section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a77 is amended by adding at the end the following3 7,f7 ,during the #b-year period beginning on the date of the enactment of the ,emergency ,paid ,leave ,act of #bjbj1 because of a qualifying need related to a public health emergency in accordance with section #aaj4 4 7b7 ,requirements ,title ,i of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq47 is amended by adding at the end the following3 #aaj4 ,public health emergency leave 7a7 ,definitions ,the following shall apply with respect to leave under section #ajb7;a77#a77;,f73 7#a7 ,application of certain terms ,the definitions in section #aja shall apply1 except as follows3 7,a7 ,eligible employee ,in lieu of the definition in section #aja7d77;,a71 the term eligible employee means an individual who has been employed for at least #cj days by the employer with respect to whom leave is requested under section #ajb7;a77#a77;,f74 7,b7 ,employer threshold ,section #aja7d77;,a77i7 shall be applied by substituting #a or more employees for #ej or more employees for each working day during each of #bj or more calendar workweeks in the current or preceding calendar year4 7,c7 ,health care provider ,in section #aja7f71 the term health care provider includes a nurse practitioner4 7,d7 ,parent ,in lieu of the definition in section #aja7g71 the term parent1 with respect to an employee1 means any of the following3 7i7 ,a biological1 foster1 or adoptive parent of the employee4 7ii7 ,a stepparent of the employee4 7iii7 ,a parent-in-law of the employee4 7iv7 ,a parent of a domestic partner of the employee4 7v7 ,a legal guardian or other person who stood in loco parentis to an employee when the employee was a child4 7#b7 ,additional definitions ,in addition to the definitions described in paragraph 7#a71 the following definitions shall apply with respect to leave under section #ajb7;a77#a77;,f73 7,a7 ,qualifying need related to a public health emergency ,the term qualifying need related to a public health emergency1 with respect to leave1 means that a public health emergency has been declared in a location that includes the employee's work 7including the commuting route of the employee71 residence1 or community1 and the employee has a need for leave for one of the following3 7i7 ,to comply with a recommendation or order by a health authority having jurisdiction or a health care provider on the basis that-- 7,i7 the physical presence of the employee on the job would jeopardize the health of others because of-- 7aa7 the exposure of the employee to coronavirus2 or 7bb7 exhibition of symptoms of coronavirus by the employee2 and 7,,ii7 the employee is unable to both perform the functions of the position of such employee and comply with such recommendation or order4 7ii7 ,to care for a family member of an eligible employee with respect to whom a health authority having jurisdiction or a health care provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of-- 7,i7 the exposure of such family member to coronavirus2 or 7,,ii7 exhibition of symptoms of coronavirus by such family member4 7iii7 ,to care for the son or daughter of such employee if the school or place of care has been closed1 or the child care provider of such son or daughter is unavailable1 due to a public health emergency4 7,b7 ,public health emergency ,the term public health emergency means an emergency with respect to coronavirus declared by a ,federal1 ,state1 or local authority4 7,c7 ,child care provider ,the term child care provider means a provider who receives compensation for providing child care services on a regular basis1 including an eligible child care provider 7as defined in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn774 7,d7 ,coronavirus ,the term coronavirus has the meaning given the term in section #ejf of the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj4 7,e7 ,school ,the term school means an elementary school or secondary school as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7,f7 ,family ,the term family member1 with respect to an employee1 means any of the following3 7i7 ,a parent of the employee4 7ii7 ,a spouse of the employee4 7iii7 ,a sibling of the employee4 7iv7 ,next of kin of the employee or a person for whom the employee is next of kin4 7v7 ,a son or daughter of the employee4 7vi7 ,a grandparent or grandchild of the employee4 7b7 ,leave taken intermittently or on a reduced work schedule 7#a7 ,in general ,subject to paragraph 7#b71 leave taken under section #ajb7;a77#a77;,f7 may not be taken intermittently or on a reduced work schedule4 7#b7 ,care for son or daughter ,paragraph 7#a7 shall not apply with respect to leave taken for the purpose described in subsection 7a77#b77;,a77iii7 if the son or daughter of the employee with respect to whom the subsection applies has not been exposed to coronavirus4 7c7 ,relationship to paid leave 7#a7 ,in general ,an employee may elect to substitute any of the accrued vacation leave1 personal leave1 or medical or sick leave for leave under section #ajb7;a77#a77;,f7 in accordance with section #ajb7;d77#b77;,b74 7#b7 ,employer requirement ,an employer may not require an employee to substitute any leave as described in paragraph 7#a7 for leave under section #ajb7;a77#a77;,f74 7d7 ,notice ,in any case where the necessity for leave under section #ajb7;a77#a77;,f7 for the purpose described in subsection 7a77#b77;,a77iii7 is foreseeable1 an employee shall provide the employer with such notice of leave as is practicable4 7e7 ,certification 7#a7 ,in general ,an employer may require that a request for leave under section #ajb7;a77#a77;,f7 be supported by documentation described in paragraph 7#b74 ,an employer may not require such documentation until not later than #c weeks after the date on which the employee takes such leave4 7#b7 ,sufficient certification ,the following documentation shall be sufficient certification3 7,a7 ,with respect to leave taken for the purposes described in clause 7i7 or 7ii7 of subsection 7a77#b77;,a7-- 7i7 a recommendation or order from a health authority having jursidiction or a health care provider that the relevant individual has symptoms of coronavirus or should be quarantined2 or 7ii7 documentation or evidence that the relevant individual has been exposed to coronavirus4 7,b7 ,with respect to leave taken for the purposes described in clause 7iii7 of subsection 7a77#b77;,a71 notice from the school1 place of care1 or child care provider of the son or daughter of the employee of closure or unavailability4 7f7 ,restoration to position 7#a7 ,in general ,section #ajd7;a77#a7 shall not apply with respect to an employee of an employer who employs fewer than #be employees if the conditions described in paragraph 7#b7 are met4 7#b7 ,conditions ,the conditions described in this paragraph are the following3 7,a7 ,the employee takes leave under section #ajb7;a77#a77;,f74 7,b7 ,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-- 7i7 that affect employment2 and 7ii7 are caused by a public health crisis during the period of leave4 7,c7 ,the employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced1 with equivalent employment benefits1 pay1 and other terms and conditions of employment4 7,d7 ,if the reasonable efforts of the employer under subparagraph 7,c7 fail1 the employer makes reasonable efforts during the period described in paragraph 7#c7 to contact the employee if an equivalent position described in subparagraph 7,c7 becomes available4 7#c7 ,contact period ,the period described under this paragraph is the #a-year period beginning on the earlier of-- 7,a7 the date on which the qualifying need related to a public health emergency concludes2 or 7,b7 the date that is #ab weeks after the date on which the employee's leave under section #ajb7;a77#a77;,f7 commences4 4 ,e ,emergency ,unemployment ,insurance ,stabilization and ,access ,act of #bjbj #aja4 ,short title ,this division may be cited as the ,emergency ,unemployment ,insurance ,stabilization and ,access ,act of #bjbj4 #ajb4 ,emergency transfers for unemployment compensation administration 7a7 ,in general ,section #ijc of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7 is amended by adding at the end the following3 7h7 ,emergency transfers in fiscal year #bjbj for administration 7#a7 7,a7 ,in addition to any other amounts1 the ,secretary of ,labor shall provide for the making of emergency administration grants in fiscal year #bjbj to the accounts of the ,states in the ,unemployment ,trust ,fund1 by transfer from amounts reserved for that purpose in the ,federal unemployment account1 in accordance with succeeding provisions of this subsection4 7,b7 ,the amount of an emergency administration grant with respect to a ,state shall1 as determined by the ,secretary of ,labor1 be equal to the amount obtained by multiplying #a1jjj1jjj1jjj by the same ratio as would apply under subsection 7a77#b77;,b7 for purposes of determining such ,state's share of any excess amount 7as described in subsection 7a77#a77 that would have been subject to transfer to ,state accounts1 as of ,october #a1 #bjai1 under the provisions of subsection 7a74 7,c7 ,of the emergency administration grant determined under subparagraph 7,b7 with respect to a ,state-- 7i7 not later than #cj days after the date of enactment of this subsection1 #ej 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 7#b72 and 7ii7 only with respect to a ,state in which the number of unemployment compensation claims has increased by at least #aj percent over the previous calendar year1 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 7#c74 7#b7 ,the requirements of this paragraph with respect to a ,state are the following3 7,a7 ,the ,state requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment4 ,such notification may be based on model language issued by the ,secretary of ,labor4 7,b7 ,the ,state ensures that applications for unemployment compensation1 and assistance with the application process1 are accessible in at least two of the following3 in-person1 by phone1 or online4 7,c7 ,the ,state notifies applicants when an application is received and is being processed1 and in any case in which an application is unable to be processed1 provides information about steps the applicant can take to ensure the successful processing of the application4 7#c7 ,the requirements of this paragraph with respect to a ,state are the following3 7,a7 ,the ,state has expressed its commitment to maintain and strengthen access to the unemployment compensation system1 including through initial and continued claims4 7,b7 ,the ,state has demonstrated steps it has taken or will take to ease eligibility requirements and access to unemployment compensation for claimants1 including waiving work search requirements and the waiting week1 and directly or indirectly relieving benefit charges for claimants and employers directly impacted by ,,covid-#ai due to an illness in the workplace or direction from a public health official to isolate or quarantine workers4 7#d7 ,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 law1 including by taking such steps as may be necessary to ensure adequate resources in periods of high demand4 7#e7 ,not later than #a year after the date of enactment of the ,emergency ,unemployment ,insurance ,stabilization and ,access ,act of #bjbj1 each ,state receiving emergency administration grant funding under paragraph 7#a77;,c77i7 shall submit to the ,secretary of ,labor1 the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,committee on ,finance of the ,senate1 a report that includes-- 7,a7 an analysis of the recipiency rate for unemployment compensation in the ,state as such rate has changed over time2 7,b7 a description of steps the ,state intends to take to increase such recipiency rate4 7#f7 7,a7 ,notwithstanding any other provision of law1 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury 7from funds not otherwise appropriated7 to the employment security administration account 7as established by section #ija of the ,social ,security ,act7 such sums as the ,secretary of ,labor estimates to be necessary for purposes of making the transfers described in paragraph 7#a77;,c74 7,b7 ,there are appropriated from the general fund of the ,treasury1 without fiscal year limitation1 the sums referred to in the preceding sentence and such sums shall not be required to be repaid4 4 7b7 ,emergency flexibility ,notwithstanding any other law1 if a ,state modifies its unemployment compensation law and policies 7including with respect to work search1 waiting week1 good cause1 and employer experience rating7 on an emergency temporary basis as needed to respond to the spread of ,,covid-#ai1 such modifications shall be disregarded for the purposes of applying section #cjc of the ,social ,security ,act and section #ccjd of the ,internal ,revenue ,code of #aihf to such ,state law4 7c7 ,regulations ,the ,secretary of ,labor may prescribe any regulations1 operating instructions1 or other guidance necessary to carry out the amendment made by subsection 7a74 #ajc4 ,temporary assistance for ,states with advances ,section #abjb7;b77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbb7;b77#aj77;,a77 is amended by striking beginning on the date of enactment of this paragraph and ending on ,december #ca1 #bjaj and inserting beginning on the date of enactment of the ,emergency ,unemployment ,insurance ,stabilization and ,access ,act of #bjbj and ending on ,december #ca1 #bjbj4 #ajd4 ,technical assistance and guidance for short-time compensation programs ,the ,secretary of ,labor shall assist ,states in establishing1 implementing1 and improving the employer awareness of short-time compensation programs 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf7 to help avert layoffs1 including by providing technical assistance and guidance4 #aje4 ,full federal funding of extended unemployment compensation for a limited period 7a7 ,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 #ca1 #bjbj 7and only with respect to ,states that receive emergency administration grant funding under clauses 7i7 and 7ii7 of section #ijc7;h77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aajb7;h77#a77;,c7771 section #bjd7;a77#a7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 shall be applied by substituting #ajj percent of for one-half of4 7b7 ,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 #ca1 #bjbj1 subparagraph 7,b7 of section #bjd7;a77#b7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 shall not apply4 7c7 ,definitions ,for purposes of this section-- 7#a7 the terms sharable extended compensation and sharable regular compensation have the respective meanings given such terms under section #bjd of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj2 and 7#b7 the term week has the meaning given such term under section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj4 7d7 ,regulations ,the ,secretary of ,labor may prescribe any operating instructions or regulations necessary to carry out this section4 ,f ,paid ,sick ,days for ,public ,health ,emergencies and ,personal and ,family ,care #aja4 ,short title ,this division may be cited as the ,paid ,sick ,days for ,public ,health ,emergencies and ,personal and ,family ,care ,act4 #ajb4 ,definitions ,in this ,act3 7#a7 ,child ,the term child means a biological1 foster1 or adopted child1 a stepchild1 a child of a domestic partner1 a legal ward1 or a child of a person standing in loco parentis4 7#b7 ,domestic partner 7,a7 ,in general ,the term domestic partner1 with respect to an individual1 means another individual with whom the individual is in a committed relationship4 7,b7 ,committed relationship defined ,the term committed relationship means a relationship between #b individuals1 each at least #ah years of age1 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 welfare4 ,the term includes any such relationship between #b individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state or political subdivision of a ,state as a marriage or analogous relationship1 including a civil union or domestic partnership4 7#c7 ,domestic violence ,the term domestic violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located4 ,such term also includes dating violence1 as that term is defined in such section4 7#d7 ,employee ,the term employee means an individual who is-- 7,a7 7i7 an employee1 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 who is not covered under subparagraph 7,e71 including such an employee of the ,library of ,congress1 except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#e77;,a72 or 7ii7 an employee of the ,government ,accountability ,office2 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,c7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 other than an applicant for employment2 7,d7 a covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,e7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code4 7#e7 ,employer 7,a7 ,in general ,the term employer means a person who is-- 7i7 7,i7 a covered employer1 as defined in subparagraph 7,b71 who is not covered under subclause 7,v72 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government71 as defined in subparagraph 7,b77iii74 7,b7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #a or more employees2 7,,ii7 includes-- 7aa7 any person who acts1 directly or indirectly1 in the interest of an employer to any of the employees of such employer2 and 7bb7 any successor in interest of an employer2 7,,iii7 includes any public agency1 as defined in section #c7x7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7x772 and 7,,iv7 includes the ,government ,accountability ,office and the ,library of ,congress4 7ii7 ,public agency ,for purposes of clause 7i77,,iv71 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7iii7 ,definitions ,for purposes of this subparagraph3 7,i7 ,commerce ,the terms commerce and industry or activity affecting commerce mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce1 and include commerce and any industry affecting commerce1 as defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb 7#a7 and 7#c774 7,,ii7 ,employee ,the term employee has the same meaning given such term in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e774 7,,iii7 ,person ,the term person has the same meaning given such term in section #c7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;a774 7,c7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7#f7 ,employment benefits ,the term employment benefits means all benefits provided or made available to employees by an employer1 including group life insurance1 health insurance1 disability insurance1 sick leave1 annual leave1 educational benefits1 and pensions1 regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 7#g7 ,health care provider ,the term health care provider means a provider who-- 7,a7 7i7 is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery 7as appropriate7 by the ,state in which the doctor practices2 or 7ii7 is any other person determined by the ,secretary to be capable of providing health care services2 and 7,b7 is not employed by an employer for whom the provider issues certification under this ,act4 7#h7 ,paid sick time ,the term paid sick time means an increment of compensated leave that-- 7,a7 can be-- 7i7 earned by an employee for use during an absence from employment for a reason described in any paragraph of section #c7;b72 or 7ii7 provided by an employer during a public health emergency for use during an absence from employment for a reason described in any paragraph of section #c7;b72 and 7,b7 is compensated at a rate that is not less than the greatest of-- 7i7 the employee's regular rate of pay2 7ii7 the minimum wage rate provided for in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage rate provided for in the applicable ,state or local law for the ,state or locality in which the employee is employed4 7#i7 ,parent ,the term parent means a biological1 foster1 or adoptive parent of an employee1 a stepparent of an employee1 parent-in-law1 parent of a domestic partner1 or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child4 7#aj7 ,public health emergency ,the term public health emergency means a public health emergency-- 7,a7 declared by the ,secretary of ,health and ,human ,services for a jurisdiction1 or by a ,state public health official with authority to declare such an emergency for the ,state or jurisdiction within the ,state2 and 7,b7 due to a public health condition that is-- 7i7 emergent and acute2 and 7ii7 not a longstanding1 chronic public health condition4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#ac7 ,spouse ,the term spouse1 with respect to an employee1 has the meaning given such term by the marriage laws of the ,state in which the marriage was celebrated4 7#ad7 ,stalking ,the term stalking has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#ae7 ,state ,the term ,state has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#af7 ,victim services organization ,the term victim services organization means a nonprofit1 nongovernmental organization that provides assistance to victims of domestic violence1 sexual assault1 or stalking or advocates for such victims1 including a rape crisis center1 an organization carrying out a domestic violence1 sexual assault1 or stalking prevention or treatment program1 an organization operating a shelter or providing counseling services1 or a legal services organization or other organization providing assistance through the legal process4 #ajc4 ,paid sick time 7a7 ,earning of paid sick time 7#a7 ,in general 7,a7 ,earning ,subject to subsection 7c7 and paragraph 7#b71 an employer shall provide each employee employed by the employer not less than #a hour of earned paid sick time for every #cj hours worked1 to be used as described in subsection 7b74 7,b7 ,limit ,an employer shall not be required to permit an employee to earn1 under this subsection1 more than #ef hours of paid sick time in a year1 unless the employer chooses to set a higher limit4 7#b7 ,exempt employees 7,a7 ,in general ,except as provided in paragraph 7#c71 for purposes of this subsection1 an employee who is exempt from overtime requirements under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 shall be assumed to work #dj hours in each workweek4 7,b7 ,shorter normal workweek ,if the normal workweek of such an employee is less than #dj hours1 the employee shall earn paid sick time under this subsection based upon that normal workweek4 7#c7 ,dates for beginning to earn paid sick time and use 7,a7 ,in general ,employees shall begin to earn paid sick time under this subsection at the commencement of their employment4 ,an employee shall be entitled to use the earned paid sick time beginning on the #fjth calendar day following commencement of the employee's employment4 ,after that #fjth calendar day1 the employee may use the paid sick time as the time is earned4 ,an employer may1 at the discretion of the employer1 loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the #fjth day of employment4 7,b7 ,public health emergency ,subparagraph 7,a7 shall not apply with respect to additional paid sick time provided under subsection 7c74 ,in the event of a public health emergency1 an employee may immediately use the additional or accrued paid sick time described in subsection 7c71 regardless of how long the employee has been employed by an employer4 7#d7 ,carryover 7,a7 ,in general ,except as provided in subparagraph 7,b71 paid sick time earned under this subsection shall carry over from #a year to the next4 7,b7 ,construction ,this subsection shall not be construed to require an employer to permit an employee to earn more than #ef hours of earned paid sick time at a given time4 7#e7 ,employers with existing policies ,any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection 7b7 shall not be required to permit an employee to earn more paid sick time under this subsection4 7#f7 ,construction ,nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination1 resignation1 retirement1 or other separation from employment for earned paid sick time that has not been used4 7#g7 ,employment ,under ,multiemployer ,bargaining ,agreements 7,a7 ,an employer signatory to a multiemployer collective bargaining agreement may fulfill its obligations under this ,act by making contributions to a multiemployer fund1 plan or program based on the hours each of its employees accrues pursuant to this subsection 7a7 while working under the multiemployer collective bargaining agreement1 provided that the fund1 plan or program enables employees to secure pay from such fund1 plan or program based on hours they have worked under the multiemployer collective bargaining agreement and for the uses specified under subsections 7b77#a71 7#b71 7#f7 and 7#g74 7,b7 ,employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subparagraph 7,a7 may secure pay from such fund1 plan or program based on hours they have worked under the multiemployer collective bargaining agreement for the uses specified under subsections 7b77#a71 7#b71 7#f7 and 7#g74 7#h7 ,reinstatement ,if an employee is separated from employment with an employer and is rehired1 within #ab months after that separation1 by the same employer1 the employer shall reinstate the employee's previously earned paid sick time under this subsection4 ,the employee shall be entitled to use the earned paid sick time and earn more paid sick time at the recommencement of employment with the employer4 7#i7 ,prohibition ,an employer may not require1 as a condition of providing paid sick time under this ,act1 that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time4 7#aj7 ,scheduling ,an employee shall make a reasonable effort to schedule a period of accrued paid sick time under this subsection in a manner that does not unduly disrupt the operations of the employer4 7b7 ,uses ,paid sick time under this section may be used by an employee for any of the following3 7#a7 ,an absence resulting from a physical or mental illness1 injury1 or medical condition of the employee4 7#b7 ,an absence resulting from obtaining professional medical diagnosis or care1 or preventive medical care1 for the employee4 7#c7 ,an absence resulting from the closure of an employee's place of employment by order of a ,federal or ,state public official with jurisdiction1 or at the employer's discretion1 due to a public health emergency4 7#d7 ,an absence because a ,federal or ,state public official with jurisdiction or a health care provider has determined that the employee's presence in the community may jeopardize the health of others because of the employee's exposure to a communicable disease during a public health emergency1 regardless of whether the employee has actually contracted the communicable disease4 7#e7 ,an absence for the purpose of caring for a child1 a parent1 a spouse1 a domestic partner1 or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship-- 7,a7 who is a child1 if the child's school or place of care has been closed by order of a ,federal or ,state public official with jurisdiction or at the discretion of the school or place of care due to a public health emergency1 including if a school or entity operating the place of care is physically closed but is providing education or care to the child remotely2 or 7,b7 because a ,federal or ,state public official with jurisdiction or a health care provider has determined that the presence in the community of the person receiving care may jeopardize the health of others because of the person's exposure to a communicable disease during a public health emergency1 regardless of whether the person has actually contracted the communicable disease4 7#f7 ,an absence for the purpose of caring for a child1 a parent1 a spouse1 a domestic partner1 or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship-- 7,a7 who has any of the conditions or needs for diagnosis or care described in paragraph 7#a7 or 7#b72 7,b7 who is a child1 if the employee is required to attend a school meeting or a meeting at a place where the child is receiving care necessitated by the child's health condition or disability2 or 7,c7 who is otherwise in need of care4 7#g7 ,an absence resulting from domestic violence1 sexual assault1 or stalking1 if the time is to-- 7,a7 seek medical attention for the employee or the employee's child1 parent1 spouse1 domestic partner1 or an individual related to the employee as described in paragraph 7#f71 to recover from physical or psychological injury or disability caused by domestic violence1 sexual assault1 or stalking2 7,b7 obtain or assist a related person described in paragraph 7#f7 in obtaining services from a victim services organization2 7,c7 obtain or assist a related person described in paragraph 7#f7 in obtaining psychological or other counseling2 7,d7 seek relocation2 or 7,e7 take legal action1 including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence1 sexual assault1 or stalking4 7c7 ,additional paid sick time for public health emergency 7#a7 ,additional paid sick time ,on the date of a declaration of a public health emergency1 an employer in the jurisdiction involved shall provide each employee of the employer in that jurisdiction with additional paid sick time1 in addition to any amount of paid sick time accrued by the employee under subsection 7a7 7including paid leave referred to in subsection 7a77#d774 7#b7 ,amount of paid sick time ,in receiving additional paid sick time under paragraph 7#a71 the employee shall receive-- 7,a7 for a full-time salaried employee1 a specified amount of paid sick time that is sufficient to provide the employee with #ad continuous days away from work without a reduction in pay2 and 7,b7 for a part-time or hourly employee1 a specified amount of paid sick time equal to the number of hours that the employee was scheduled to work or1 if not so scheduled1 regularly works in a #ad-;day period4 7#c7 ,use of leave ,the additional sick time and accrued sick time described in this subsection shall be available for immediate use by the employee for the purposes described in any paragraph of subsection 7b7 beginning on the date a public health emergency is declared1 regardless of how long the employee has been employed by an employer4 7#d7 ,sequencing ,during the public health emergency1 an employee may first use the additional sick time for those purposes4 ,the employee may then use the accrued sick time during the public health emergency1 or retain the accrued sick time for use after the public health emergency4 ,an employer may not require an employee to use the accrued sick time1 or any other paid leave provided by the employer to the employee1 before using the additional sick time4 7#e7 ,periods ,an employee may take the additional sick time on the schedule that meets the employee's needs1 consistent with subsection 7b71 including taking the additional sick time intermittently or on a reduced leave schedule1 and an employer may not require an employee to take the additional sick time in a single period or on any other schedule specified by the employer4 7#f7 ,reimbursement for wages 7,a7 ,definition ,in this paragraph1 the term qualified employer means an employer who employs #ej or fewer employees4 7,b7 ,reimbursement ,a qualified employer of an employee who uses additional paid sick time under this subsection during a public health emergency shall be reimbursed by the ,secretary of the ,treasury for the wages paid to the employee for the period during which the employee used the additional paid sick time4 7,c7 ,process ,to be eligible to receive such reimbursement1 the qualified employer shall submit to the ,secretary of ,labor an affidavit that attests that the employer provided such additional paid sick time1 and related records showing the period of and wages associated with the additional paid sick time4 ,on the ,secretary's determination that the employer provided an amount of such additional paid sick time to an employee1 the ,secretary shall transmit the affidavit and records to the ,secretary of the ,treasury1 and that ,secretary shall provide timely reimbursement4 7d7 ,procedures 7#a7 ,in general ,paid sick time shall be provided upon the oral or written request of an employee4 ,such request shall-- 7,a7 include the expected duration of the period of such time2 7,b7 in a case in which the need for such period of time is foreseeable at least #g days in advance of such period1 be provided at least #g days in advance of such period2 and 7,c7 otherwise1 be provided as soon as practicable after the employee is aware of the need for such period4 7#b7 ,certification in general 7,a7 ,provision 7i7 ,in general ,subject to subparagraphs 7,c7 and 7,d71 an employer may require that a request for paid sick time under this section for a purpose described in paragraph 7#a71 7#b71 or 7#f7 of subsection 7b7 be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection 7b77#f71 as appropriate1 if the period of such time covers more than #c consecutive workdays4 7ii7 ,timeliness ,the employee shall provide a copy of such certification to the employer in a timely manner1 not later than #cj days after the first day of the period of time4 ,the employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification4 7,b7 ,sufficient certification 7i7 ,in general ,a certification provided under subparagraph 7,a7 shall be sufficient if it states-- 7,i7 the date on which the period of time will be needed2 7,,ii7 the probable duration of the period of time2 7,,iii7 the appropriate medical facts within the knowledge of the health care provider regarding the condition involved1 subject to clause 7ii72 and 7,,iv7 7aa7 for purposes of paid sick time under subsection 7b77#a71 a statement that absence from work is medically necessary2 7bb7 for purposes of such time under subsection 7b77#b71 the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care2 and 7cc7 for purposes of such time under subsection 7b77#f71 in the case of time to care for someone who is not a child1 a statement that care is needed for an individual described in such subsection1 and an estimate of the amount of time that such care is needed for such individual4 7ii7 ,limitation ,in issuing a certification under subparagraph 7,a71 a health care provider shall make reasonable efforts to limit the medical facts described in clause 7i77,,iii7 that are disclosed in the certification to the minimum necessary to establish a need for the employee to utilize paid sick time4 7,c7 ,public health emergencies ,no certification or other documentation may be required under this ,act by an employer during any public health emergency4 7,d7 ,regulations ,regulations prescribed under section #ab shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph4 7,e7 ,confidentiality and nondisclosure 7i7 ,protected health information ,nothing in this ,act shall be construed to require a health care provider to disclose information in violation of section #aagg of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#f7 or the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7ii7 ,health information records ,if an employer possesses health information about an employee or an employee's child1 parent1 spouse1 domestic partner1 or an individual related to the employee as described in subsection 7b77#f71 such information shall-- 7,i7 be maintained on a separate form and in a separate file from other personnel information2 7,,ii7 be treated as a confidential medical record2 and 7,,iii7 not be disclosed except to the affected employee or with the permission of the affected employee4 7#c7 ,certification in the case of domestic violence1 sexual assault1 or stalking 7,a7 ,in general ,an employer may require that a request for paid sick time under this section for a purpose described in subsection 7b77#g7 be supported by any one of the following forms of documentation1 but the employer may not specify the particular form of documentation to be provided3 7i7 ,a police report indicating that the employee1 or a member of the employee's family described in subsection 7b77#g71 was a victim of domestic violence1 sexual assault1 or stalking4 7ii7 ,a court order protecting or separating the employee or a member of the employee's family described in subsection 7b77#g7 from the perpetrator of an act of domestic violence1 sexual assault1 or stalking1 or other evidence from the court or prosecuting attorney that the employee or a member of the employee's family described in subsection 7b77#g7 has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence1 sexual assault1 or stalking4 7iii7 ,other documentation signed by an employee or volunteer working for a victim services organization1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 or a member of the clergy1 affirming that the employee or a member of the employee's family described in subsection 7b77#g7 is a victim of domestic violence1 sexual assault1 or stalking4 7,b7 ,requirements ,the requirements of paragraph 7#b7 shall apply to certifications under this paragraph1 except that-- 7i7 subclauses 7,,iii7 and 7,,iv7 of subparagraph 7,b77i7 and subparagraph 7,b77ii7 of such paragraph shall not apply2 7ii7 the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work1 and the employee shall not be required to explain the details of the domestic violence1 sexual assault1 or stalking involved2 and 7iii7 with respect to confidentiality under subparagraph 7,e7 of such paragraph1 any information provided to the employer under this paragraph shall be confidential1 except to the extent that any disclosure of such information is-- 7,i7 requested or consented to in writing by the employee2 or 7,,ii7 otherwise required by applicable ,federal or ,state law4 #ajd4 ,notice requirement 7a7 ,in general ,each employer shall notify each employee and include in any employee handbook the information described in paragraphs 7#a7 through 7#d74 ,each employer shall post and keep posted a notice1 to be prepared or approved in accordance with procedures specified in regulations prescribed under section #ab1 setting forth excerpts from1 or summaries of1 the pertinent provisions of this ,act including-- 7#a7 information describing paid sick time available to employees under this ,act2 7#b7 information pertaining to the filing of an action under this ,act2 7#c7 the details of the notice requirement for a foreseeable period of time under section #e7;e77#a77;,b72 and 7#d7 information that describes-- 7,a7 the protections that an employee has in exercising rights under this ,act2 and 7,b7 how the employee can contact the ,secretary 7or other appropriate authority as described in section #f7 if any of the rights are violated4 7b7 ,location ,the notice described under subsection 7a7 shall be posted-- 7#a7 in conspicuous places on the premises of the employer1 where notices to employees 7including applicants7 are customarily posted2 or 7#b7 in employee handbooks4 7c7 ,violation2 penalty ,any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed #ajj for each separate offense4 #aje4 ,prohibited acts 7a7 ,interference with rights 7#a7 ,exercise of rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this ,act1 including-- 7,a7 discharging or discriminating against 7including retaliating against7 any individual1 including a job applicant1 for exercising1 or attempting to exercise1 any right provided under this ,act2 7,b7 using the taking of paid sick time under this ,act as a negative factor in an employment action1 such as hiring1 promotion1 reducing hours or number of shifts1 or a disciplinary action2 or 7,c7 counting the paid sick time under a no-fault attendance policy or any other absence control policy4 7#b7 ,discrimination ,it shall be unlawful for any employer to discharge or in any other manner discriminate against 7including retaliating against7 any individual1 including a job applicant1 for opposing any practice made unlawful by this ,act4 7b7 ,interference with proceedings or inquiries ,it shall be unlawful for any person to discharge or in any other manner discriminate against 7including retaliating against7 any individual1 including a job applicant1 because such individual-- 7#a7 has filed an action1 or has instituted or caused to be instituted any proceeding1 under or related to this ,act2 7#b7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7#c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 7c7 ,construction ,nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section #aje of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfae7 is less than the scope of the activities prohibited by this section4 #ajf4 ,enforcement authority 7a7 ,in general 7#a7 ,definition ,in this subsection-- 7,a7 the term employee means an employee described in subparagraph 7,a7 or 7,b7 of section #b7d72 and 7,b7 the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #b7e77;,a77i74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of this ,act1 or any regulation or order issued under this ,act1 the ,secretary shall have1 subject to subparagraph 7,c71 the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 employees1 and other individuals affected4 7,b7 ,obligation to keep and preserve records ,an employer shall make1 keep1 and preserve records pertaining to compliance with this ,act in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary4 7,c7 ,required submissions generally limited to an annual basis ,the ,secretary shall not require1 under the authority of this paragraph1 an employer to submit to the ,secretary any books or records more than once during any #ab-month period1 unless the ,secretary has reasonable cause to believe there may exist a violation of this ,act or any regulation or order issued pursuant to this ,act1 or is investigating a charge pursuant to paragraph 7#d74 7,d7 ,subpoena authority ,for the purposes of any investigation provided for in this paragraph1 the ,secretary shall have the subpoena authority provided for under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7#c7 ,civil action by employees or individuals 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of-- 7i7 the employees or individuals2 or 7ii7 the employees or individuals and others similarly situated4 7,b7 ,liability ,any employer who violates section #e 7including a violation relating to rights provided under section #c7 shall be liable to any employee or individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained as a direct result of the violation up to a sum equal to #ef hours of wages or salary for the employee or individual1 or the specified period described in section #c7;c77#c71 or a combination of those hours and that period1 as the case may be2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,c7 ,fees and costs ,the court in an action under this paragraph shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7#d7 ,action by the ,secretary 7,a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of section #e 7including a violation relating to rights provided under section #c7 in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#c77;,b77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each employee or individual affected4 ,any such sums not paid to an employee or individual affected because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7#e7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under paragraph 7#c71 7#d71 or 7#f7 not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,willful violation ,in the case of an action brought for a willful violation of section #e 7including a willful violation relating to rights provided under section #c71 such action may be brought within #c years of the date of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,in determining when an action is commenced under paragraph 7#c71 7#d71 or 7#f7 for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#f7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7,a7 to restrain violations of section #e 7including a violation relating to rights provided under section #c71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to employees or individuals eligible under this ,act2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#g7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under paragraph 7#d7 or 7#f74 7#h7 ,government ,accountability ,office and ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary of ,labor under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of subsection 7a77#a7 of section #bjb of that ,act 7#b ,u4,s4,c4 #acab7 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,c74 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,d74 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,e74 7e7 ,remedies for ,state employees 7#a7 ,waiver of sovereign immunity ,a ,state's receipt or use of ,federal financial assistance for any program or activity of a ,state shall constitute a waiver of sovereign immunity1 under the #aath ,amendment to the ,constitution or otherwise1 to a suit brought by an employee of that program or activity under this ,act for equitable1 legal1 or other relief authorized under this ,act4 7#b7 ,official capacity ,an official of a ,state may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection 7a77#c71 for injunctive relief that is authorized under this ,act4 ,in such a suit the court may award to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7#c7 ,applicability ,with respect to a particular program or activity1 paragraph 7#a7 applies to conduct occurring on or after the day1 after the date of enactment of this ,act1 on which a ,state first receives or uses ,federal financial assistance for that program or activity4 7#d7 ,definition of program or activity ,in this subsection1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 #ajg4 ,education and outreach ,the ,secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this ,act4 #ajh4 ,collection of data on paid sick time and further study 7a7 ,compilation of information ,the ,commissioner of ,labor ,statistics shall annually compile information on the following3 7#a7 ,the amount of paid sick time available to employees by occupation and type of employment establishment4 7#b7 ,an estimate of the average sick time used by employees according to occupation and the type of employment establishment4 7b7 ,,gao study ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study to evaluate the implementation of this ,act4 ,such study shall include an estimation of employees' access to paid sick time1 employees' awareness of their rights under this ,act1 and employers' experiences complying with this ,act4 ,such study shall take into account access1 awareness and experiences of employees by race1 ethnicity1 gender1 and occupation4 7c7 ,report ,upon completion of the study required by subsection 7b71 the ,comptroller ,general of the ,united ,states shall prepare and submit a report to the appropriate committees of ,congress concerning the results of the study and the information compiled pursuant to subsection 7a74 #aji4 ,effect on other laws 7a7 ,federal and ,state antidiscrimination laws ,nothing in this ,act shall be construed to modify or affect any ,federal or ,state law prohibiting discrimination on the basis of race1 religion1 color1 national origin1 sex1 age1 disability1 sexual orientation1 gender identity1 marital status1 familial status1 or any other protected status4 7b7 ,state and local laws ,nothing in this ,act shall be construed to supersede 7including preempting7 any provision of any ,state or local law that provides greater paid sick time or leave rights 7including greater amounts of paid sick time or leave1 or greater coverage of those eligible for paid sick time or leave7 than the rights established under this ,act4 #aaj4 ,effect on existing employment benefits 7a7 ,more protective ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this ,act4 7b7 ,less protective ,the rights established for employees under this ,act shall not be diminished by any contract1 collective bargaining agreement1 or any employment benefit program or plan4 #aaa4 ,encouragement of more generous leave policies ,nothing in this ,act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this ,act4 #aab4 ,regulations 7a7 ,in general 7#a7 ,authority ,except as provided in paragraph 7#b7 and subject to subsection 7e71 not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in subparagraph 7,a7 or 7,b7 of section #b7d7 and other individuals affected by employers described in subclause 7,i7 or 7,,ii7 of section #b7e77;,a77i74 7#b7 ,government ,accountability ,office2 ,library of ,congress ,subject to subsection 7e71 the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall prescribe the regulations with respect to employees of the ,government ,accountability ,office and the ,library of ,congress1 respectively1 and other individuals affected by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,board of ,directors of the ,office of ,compliance shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,c7 and other individuals affected by employers described in section #b7e77;,a77i77,,iii74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,board may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,president 7or the designee of the ,president7 shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,d7 and other individuals affected by employers described in section #b7e77;,a77i77,,iv74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,president 7or designee7 may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,director of the ,office of ,personnel ,management shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,e7 and other individuals affected by employers described in section #b7e77;,a77i77,v74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,director may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7e7 ,immediate compliance ,the rights and responsibilities specified in this ,act shall take effect on the date of enactment of this ,act and employers and other persons subject to those responsibilities shall comply immediately1 without regard whether regulations have been prescribed under this section4 #aac4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act such sums as may be necessary for fiscal year #bjbj and each subsequent fiscal year4 #aad4 ,effective dates 7a7 ,in general ,this ,act takes effect on the date of enactment of this ,act4 7b7 ,previous declarations ,if a public health emergency was declared before and remains in effect on the date of enactment of this ,act1 for purposes of this ,act 7and in particular section #c7;c7 of this ,act7 the public health emergency shall be considered to have been declared on the date of enactment of this ,act4 ,g ,health ,provisions #aja4 ,coverage of testing for ,,covid-#ai 7a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage 7including a grandfathered health plan 7as defined in section #abea7;e7 of the ,patient ,protection and ,affordable ,care ,act77 shall provide coverage1 and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements or prior authorization or other medical management requirements1 for the following items and services furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act3 7#a7 ,in vitro diagnostic products 7as defined in section #hji4c7;a7 of title #ba1 ,code of ,federal ,regulations7 for the detection of ,,sars-,co,v-#b or the diagnosis of the virus that causes ,,covid-#ai that are approved1 cleared1 or authorized under section #eaj7k71 #eac1 #eae or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and the administration of such in vitro diagnostic products4 7#b7 ,health care provider office visits1 urgent care center visits1 and emergency room visits that result in an order for or administration of an in vitro diagnostic product described in paragraph 7#a74 7b7 ,enforcement ,the provisions of subsection 7a7 shall be applied by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 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 ,act1 part #g of the ,employee ,retirement ,income ,security ,act of #aigd1 and subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as applicable4 7c7 ,implementation ,the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury may implement the provisions of this section through sub-regulatory guidance1 program instruction or otherwise4 7d7 ,terms ,the terms group health plan2 health insurance issuer2 group health insurance coverage1 and individual health insurance coverage have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b71 and section #ihcb of the ,internal ,revenue ,code of #aihf1 as applicable4 #ajb4 ,waiving cost sharing under the ,medicare program for certain visits relating to testing for ,,covid-#ai 7a7 ,in general ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking and before 7,,cc72 and 7,b7 by inserting before the period at the end the following3 1 and 7,,dd7 with respect to a specified ,,covid-#ai testing-related service described in paragraph 7#a7 of subsection 7cc7 for which payment may be made under a specified outpatient payment provision described in paragraph 7#b7 of such subsection1 the amounts paid shall be #ajj percent of the payment amount otherwise recognized under such respective specified outpatient payment provision for such service12 7#b7 in subsection 7b71 in the first sentence-- 7,a7 by striking and before 7#aj72 and 7,b7 by inserting before the period at the end the following3 1 and 7#aa7 such deductible shall not apply with respect to any specified ,,covid-#ai testing-related service described in paragraph 7#a7 of subsection 7cc7 for which payment may be made under a specified outpatient payment provision described in paragraph 7#b7 of such subsection2 and 7#c7 by adding at the end the following new subsection3 7cc7 ,specified ,,covid-#ai testing-related services ,for purposes of subsection 7a77#a77;,,dd73 7#a7 ,description 7,a7 ,in general ,a specified ,,covid-#ai testing-related service described in this paragraph is a medical visit that-- 7i7 is in any of the categories of ,,hcpcs evaluation and management service codes described in subparagraph 7,b72 7ii7 is furnished during any portion of the emergency period 7as defined in section #aace7;g77#a77;,b7 7beginning on or after the date of the date of the enactment of this subsection72 and 7iii7 results in an order for or administration of a diagnostic test described in section #aheb7;a77#a77;,b77iv77,,iv74 7,b7 ,categories of ,,hcpcs codes ,for purposes of subparagraph 7,a71 the categories of ,,hcpcs evaluation and management services codes are the following3 7i7 ,office and other outpatient services4 7ii7 ,hospital observation services4 7iii7 ,emergency department services4 7iv7 ,nursing facility services4 7v7 ,domiciliary1 rest home1 or custodial care services4 7vi7 ,home services4 7#b7 ,specified outpatient payment provision ,a specified outpatient payment provision described in this paragraph is any of the following3 7,a7 ,the hospital outpatient prospective payment system under subsection 7t74 7,b7 ,the physician fee schedule under section #ahdh4 7,c7 ,the prospective payment system developed under section #ahcd7o74 7,d7 ,section #ahcd7;g71 with respect to an outpatient critical access hospital service4 7,e7 ,the payment basis determined in regulations pursuant to section #ahcc7;a77#c7 for rural health clinic services4 4 7b7 ,claims modifier ,the ,secretary of ,health and ,human ,services shall provide for an appropriate modifier 7or other identifier7 to include on claims to identify1 for purposes of subparagraph 7,,dd7 of section #ahcc7;a77#a71 as added by subsection 7a71 specified ,,covid-#ai testing-related services described in paragraph 7#a7 of section #ahcc7;cc7 of the ,social ,security ,act1 as added by subsection 7a71 for which payment may be made under a specified outpatient payment provision described in paragraph 7#b7 of such subsection4 7c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the provisions of1 including amendments made by1 this section through program instruction or otherwise4 #ajc4 ,coverage of testing for ,,covid-#ai at no cost sharing under the ,medicare ,advantage program 7a7 ,in general ,section #aheb7;a77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#a77;,b77 is amended-- 7#a7 in clause 7iv7-- 7,a7 by redesignating subclause 7,,iv7 as subclause 7,,vi72 and 7,b7 by inserting after subclause 7,,iii7 the following new subclauses3 7,,iv7 ,clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 beginning on or after the date of the enactment of the ,families ,first ,coronavirus ,response ,act for the detection of ,,sars-,co,v-#b or the diagnosis of the virus that causes ,,covid-#ai and the administration of such test4 7,v7 ,specified ,,covid-#ai testing-related services 7as described in section #ahcc7;cc77#a77 for which payment would be payable under a specified outpatient payment provision described in section #ahcc7;cc77#b74 2 7#b7 in clause 7v71 by inserting 1 other than subclauses 7,,iv7 and 7,v7 of such clause1 after clause 7iv72 and 7#c7 by adding at the end the following new clause3 7vi7 ,prohibition of application of certain requirements for ,,covid-#ai testing ,in the case of a product or service described in subclause 7,,iv7 or 7,v71 respectively1 of clause 7iv7 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 clause1 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 plan4 4 7b7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #ajd4 ,coverage at no cost sharing of ,,covid-#ai testing under ,medicaid and ,,chip 7a7 ,medicaid 7#a7 ,in general ,section #aije7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#c77 is amended-- 7,a7 by striking other laboratory and inserting 7,a7 other laboratory2 7,b7 by inserting and after the semicolon2 and 7,c7 by adding at the end the following new subparagraph3 7,b7 in vitro diagnostic products 7as defined in section #hji4c7;a7 of title #ba1 ,code of ,federal ,regulations7 administered during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 beginning on or after the date of the enactment of this subparagraph for the detection of ,,sars-,co,v-#b or the diagnosis of the virus that causes ,,covid-#ai that are approved1 cleared1 or authorized under section #eaj7k71 #eac1 #eae or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and the administration of such in vitro diagnostic products2 4 7#b7 ,no cost sharing 7,a7 ,in general ,subsections 7a77#b7 and 7b77#b7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended-- 7i7 in subparagraph 7,d71 by striking or at the end2 7ii7 in subparagraph 7,e71 by striking 2 and and inserting a comma2 and 7iii7 by adding at the end the following new subparagraphs3 7,f7 any in vitro diagnostic product described in section #aije7;a77#c77;,b7 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 7and the administration of such product71 or 7,g7 any medical visit for which payment may be made under the ,state plan1 that is furnished during any such portion of such emergency period1 and that relates to testing for ,,covid-#ai2 and 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xi7 ,any in vitro diagnostic product described in section #aije7;a77#c77;,b7 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 7and the administration of such product7 and any visit described in section #aiaf7;a77#b77;,g7 that is furnished during any such portion4 4 7,c7 ,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 #ej ,states4 7#c7 ,state option to provide coverage for uninsured individuals 7,a7 ,in general ,section #aijb7;a77#aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77 is amended-- 7i7 in subparagraph 7,a77ii7-- 7,i7 in subclause 7,,xxi71 by striking or at the end2 7,,ii7 in subclause 7,,xxii71 by adding or at the end2 and 7,,iii7 by adding at the end the following new subclause3 7,,xxiii7 during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 beginning on or after the date of the enactment of this subclause1 who are uninsured individuals 7as defined in subsection 7ss772 2 and 7ii7 in the matter following subparagraph 7,g7-- 7,i7 by striking and 7,,xvii7 and inserting 1 7,,xvii72 and 7,,ii7 by inserting after instead of through subclause 7,,viii7 the following3 1 and 7,,xviii7 the medical assistance made available to an uninsured individual 7as defined in subsection 7ss77 who is eligible for medical assistance only because of subparagraph 7,a77ii77,,xxiii7 shall be limited to medical assistance for any in vitro diagnostic product described in section #aije7;a77#c77;,b7 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 7and the administration of such product7 and any visit described in section #aiaf7;a77#b77;,g7 that is furnished during any such portion4 7,b7 ,receipt and initial processing of applications at certain locations ,section #aijb7;a77#ee7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ee77 is amended1 in the matter preceding subparagraph 7,a71 by striking or 7a77#aj77;,a77ii77,,ix7 and inserting 7a77#aj77;,a77ii77,,ix71 or 7a77#aj77;,a77ii77,,xxiii74 7,c7 ,uninsured individual defined ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended by adding at the end the following new subsection3 7ss7 ,uninsured individual defined ,for purposes of this section1 the term uninsured individual means1 notwithstanding any other provision of this title1 any individual who is-- 7#a7 not described in subsection 7a77#aj77;,a77i72 and 7#b7 not enrolled in a ,federal health care program 7as defined in section #aabh;,b7f771 a group health plan1 group or individual health insurance coverage offered by a health insurance issuer 7as such terms are defined in section #bgia of the ,public ,health ,service ,act71 or a health plan offered under chapter #hi of title #e1 ,united ,states ,code4 4 7,d7 ,federal medical assistance percentage ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended by adding at the end the following new sentence3 ,notwithstanding the first sentence of this section1 the ,federal medical assistance percentage shall be #ajj per centum with respect to 7and1 notwithstanding any other provision of this title1 available for7 medical assistance provided to uninsured individuals 7as defined in section #aijb7ss77 who are eligible for such assistance only on the basis of section #aijb7;a77#aj77;,a77ii77,,xxiii7 and with respect to expenditures described in section #aijc7;a77#g7 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 plan44 7b7 ,,chip 7#a7 ,in general ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77 is amended by adding at the end the following paragraph3 7#i7 ,certain in vitro diagnostic products for ,,covid-#ai testing ,the child health assistance provided to a targeted low-income child shall include coverage of any in vitro diagnostic product described in section #aije7;a77#c77;,b7 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 7and the administration of such product74 4 7#b7 ,coverage for targeted low-income pregnant women ,section #baab7;b77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7b77#d77 is amended by inserting under section #bajc7;c7 after same requirements4 7#c7 ,prohibition of cost sharing ,section #bajc7;e77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77#b77 is amended-- 7,a7 in the paragraph header1 by inserting 1 ,,covid-#ai testing1 before or pregnancy-related assistance2 and 7,b7 by striking category of services described in subsection 7c77#a77;,d7 or and inserting categories of services described in subsection 7c77#a77;,d71 in vitro diagnostic products described in subsection 7c77#i7 7and administration of such products71 visits described in section #aiaf7;a77#b77;,g71 or4 #aje4 ,laboratory reimbursement for diagnostic testing for ,,covid-#ai in uninsured individuals 7a7 ,reimbursement ,through the ,national ,disaster ,medical ,system under section #bhab of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#aa71 and in coordination with the ,administrator of the ,centers for ,medicare ,medicaid ,services1 the ,secretary of ,health and ,human ,services shall1 subject to the availability of appropriations under subsection 7c71 pay the claims of laboratories for reimbursement1 as described in subsection 7a77#c77;,d7 of such section #bhab1 for health services consisting of diagnostic testing to detect or diagnose ,,covid-#ai in uninsured individuals4 ,the amount that will be paid shall be equal to the amount that would have been paid to a physician or laboratory under ,clinical ,laboratory ,fee ,schedule under section #ahcc7;h77#h7 of the ,social ,security ,act4 7b7 ,definition ,in this section1 the term uninsured individual means an individual who is not enrolled in-- 7#a7 a ,federal health care program 7as defined under section #aabh;,b7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f772 or 7#b7 a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market 7as such terms are defined in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia77 or a health plan offered under chapter #hi of title #e1 ,united ,states ,code4 7c7 ,funding ,to carry out this section1 there is authorized to be appropriated1 and there is hereby appropriated1 out of amounts in the ,treasury not otherwise obligated1 #a1jjj1jjj1jjj1 to remain available until expended4 #ajf4 ,treatment of personal respiratory protective devices as covered countermeasures ,section #cai;,f-#c7;i77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7i77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking or at the end2 and 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,d7 a personal respiratory protective device that is-- 7i7 approved by the ,national ,institute for ,occupational ,safety and ,health under part #hd of title #db1 ,code of ,federal ,regulations 7or successor regulations72 7ii7 subject to the emergency use authorization issued by the ,secretary on ,march #b1 #bjbj1 or subsequent emergency use authorizations1 pursuant to section #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7authorizing emergency use of personal respiratory protective devices during the ,,covid-#ai outbreak72 and 7iii7 used during the period beginning on ,january #ca1 #bjbj1 and ending on ,october #a1 #bjbd1 in response to the public health emergency declared on ,january #ca1 #bjbj1 pursuant to section #cai as a result of confirmed cases of #bjai ,novel ,coronavirus 7#bjai-n,co,v74 4 #ajg4 ,application with respect to ,tricare1 coverage for veterans1 and coverage for ,federal civilians 7a7 ,tricare ,the ,secretary of ,defense may not require any copayment or other cost sharing under chapter #ee of title #aj1 ,united ,states ,code1 for in vitro diagnostic products described in paragraph 7#a7 of section #aja7;a7 7or the administration of such products7 or visits described in paragraph 7#b7 of such section furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act4 7b7 ,veterans ,the ,secretary of ,veterans ,affairs may not require any copayment or other cost sharing under chapter #ag of title #ch1 ,united ,states ,code1 for in vitro diagnostic products described in paragraph 7#a7 of section #aja7;a7 7or the adminsitration of such products7 or visits described in paragraph 7#b7 of such section furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act4 7c7 ,federal civilians ,no copayment or other cost sharing may be required for any individual occupying a position in the civil service 7as that term is defined in section #baja7a7 of title #e1 ,united ,states ,code7 enrolled in a health benefits plan1 including any plan under chapter #hi of title #e1 ,united ,states ,code1 or for any other individual currently enrolled in any plan under chapter #hi of title #e for diagnostic tests0 after 8including any plan under chapter #hi of title #e1 ,united ,states ,code71 for in vitro diagnostic products described in paragraph 7#a7 of section #aja7;a7 7or the administration of such products7 or visits described in paragraph 7#b7 of such section furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act4 #ajh4 ,coverage of testing for ,,covid-#ai at no cost sharing for ,indians receiving contract health services ,the ,secretary of ,health and ,human ,services shall cover1 without the imposition of any cost sharing requirements1 the cost of providing any ,,covid-#ai related items and services as described in paragraph 7#a7 of section #aja7;a7 7or the administration of such products7 or visits described in paragraph 7#b7 of such section furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #cbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act to ,indians 7as defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc77 receiving health services through the ,indian ,health ,service1 regardless of whether such items or services have been authorized under the contract health services system funded by the ,indian ,health ,service or is covered as a health service of the ,indian ,health ,service4 #aji4 ,temporary increase of ,medicaid ,,fmap 7a7 ,in general ,subject to subsection 7b71 for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 and ending on the last day of the calendar quarter in which the last day of such emergency period occurs1 the ,federal medical assistance percentage determined for each ,state1 including the ,district of ,columbia1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,puerto ,rico1 and the ,united ,states ,virgin ,islands1 under section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 shall be increased by #h percentage points4 7b7 ,requirement for all ,states ,a ,state described in subsection 7a7 may not receive the increase described in such subsection in the ,federal medical assistance percentage for such ,state1 with respect to a quarter1 if-- 7#a7 eligibility standards1 methodologies1 or procedures under the ,state plan of such ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7including any waiver under such title or section #aaae of such ,act 7#db ,u4,s4,c4 #acae77 are more restrictive during such quarter than the eligibility standards methodologies1 or procedures1 respectively1 under such plan 7or waiver7 as in effect on ,january #a1 #bjbj2 7#b7 the amount of any premium imposed by the ,state pursuant to section #aiaf or #aiaf;,a of such ,act 7#db ,u4,s4,c4 #acifo1 #acifo-#a7 during such quarter1 with respect to an individual enrolled under such plan 7or waiver71 exceeds the amount of such premium as of ,january #a1 #bjbj2 7#c7 the ,state terminates or denies the enrollment of any individual under such plan 7or waiver7 during such quarter for a reason other than a failure to satisfy financial1 categorical1 and ,state residency requirements 7as applicable7 under such plan 7or waiver72 7#d7 the ,state does not provide coverage under such plan 7or waiver71 without the imposition of cost sharing1 during such quarter for any testing services and treatments for ,,covid-#ai1 including vaccines1 specialized equipment1 and therapies2 or 7#e7 the ,state conducts during such quarter periodic income checks1 including automated income checks1 or eligibility redeterminations under such plan 7or waiver7 at a rate more frequent than once every #ab months4 7c7 ,requirement for certain ,states ,section #aije7;cc7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7cc77 is amended by striking ,american ,recovery and ,reinvestment ,act of #bjji4 and inserting and section #aji of the ,families ,first ,coronavirus ,response ,act1 except that in applying such treatments to the increases in the ,federal medical assistance percentage under section #aji of the ,families ,first ,coronavirus ,response ,act1 the reference to ,december #ca1 #bjji shall be deemed to be a reference to ,march #aa1 #bjbj44 #aaj4 ,increase in ,medicaid allotments for territories ,section #aajh7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7;g77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking for each of fiscal years #bjbj through #bjba1 #abf1jjj1jjj2 and inserting for fiscal year #bjbj1 #abi1ejj1jjj2 and2 and 7iii7 by adding at the end the following new clause3 7iii7 for fiscal year #bjba1 #abh1ejj1jjj2 2 7,b7 in subparagraph 7,c7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking for each of fiscal years #bjbj through #bjba1 #abg1jjj1jjj2 and inserting for fiscal year #bjbj1 #acb1jjj1jjj2 and2 and 7iii7 by adding at the end the following new clause3 7iii7 for fiscal year #bjba1 #acj1ejj1jjj2 2 7,c7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking for each of fiscal years #bjbj through #bjba1 #fj1jjj1jjj2 and and inserting for fiscal year #bjbj1 #fd1jjj1jjj2 and2 and 7iii7 by adding at the end the following new clause3 7iii7 for fiscal year #bjba1 #fc1jjj1jjj2 and 2 and 7,d7 in subparagraph 7,e7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking for each of fiscal years #bjbj through #bjba1 #hd1jjj1jjj4 and inserting for fiscal year #bjbj1 #hg1jjj1jjj2 and2 and 7iii7 by adding at the end the following new clause3 7iii7 for fiscal year #bjba1 #hf1jjj1jjj4 2 and 7#b7 in paragraph 7#f77;,a7-- 7,a7 in clause 7i71 by striking #b1fbc1ahh1jjj and inserting #b1gdc1ahh1jjj2 and 7,b7 in clause 7ii71 by striking #b1gai1jgb1jjj and inserting #b1hjd1jgb1jjj4 ,h ,budgetary ,effects #aja4 ,budgetary effects 7a7 ,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 #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,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 #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of budgetary effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of division ,b and each succeeding division shall not be estimated-- 7#a7 for purposes of section #bea of such ,act2 and 7#b7 for purposes of paragraph 7#d77;,c7 of section #c of the ,statutory ,pay-,as-,you-,go ,act of #bjaj as being included in an appropriation ,act4