Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, MONDAY, MARCH 16, 2020 No. 50 House of Representatives The House met at 11 a.m. and was THE JOURNAL APPOINTMENT OF MEMBERS TO called to order by the Speaker pro tem- The SPEAKER pro tempore. Pursu- CANADA-UNITED STATES INTER- pore (Mr. RASKIN). ant to section 7(a) of House Resolution PARLIAMENTARY GROUP f 891, the Journal of the last day’s pro- The SPEAKER pro tempore. The ceedings is approved. Chair announces the Speaker’s ap- DESIGNATION OF THE SPEAKER f pointment, pursuant to 22 U.S.C. 276d PRO TEMPORE and the order of the House of January PLEDGE OF ALLEGIANCE The SPEAKER pro tempore laid be- 3, 2019, of the following Members on the fore the House the following commu- The SPEAKER pro tempore. The part of the House to the Canada-United nication from the Speaker: Chair will lead the House in the Pledge States Interparliamentary Group: of Allegiance. Mr. MEEKS, New York WASHINGTON, DC, March 16, 2020. The SPEAKER pro tempore led the Mr. PETERSON, Minnesota I hereby appoint the Honorable JAMIE Pledge of Allegiance as follows: Mr. DEFAZIO, Oregon RASKIN to act as Speaker pro tempore on I pledge allegiance to the Flag of the Mr. LARSEN, Washington this day. United States of America, and to the Repub- Ms. DELBENE, Washington NANCY PELOSI, lic for which it stands, one nation under God, Mr. MORELLE, New York Speaker of the House of Representatives. indivisible, with liberty and justice for all. f f f APPOINTMENT OF MEMBERS TO RECESS PRAYER THE PRESIDENT’S EXPORT The SPEAKER pro tempore. Pursu- COUNCIL Reverend Dr. Dan C. Cummins, Cap- ant to clause 12(a) of rule I, the Chair itol Worship, Washington, D.C., offered The SPEAKER pro tempore. The declares the House in recess subject to Chair announces the Speaker’s ap- the following prayer: the call of the Chair. Heavenly Father, creator of all pointment, pursuant to Executive Accordingly (at 11 o’clock and 2 min- Order 12131, and the order of the House things, throughout our history have utes a.m.), the House stood in recess. plagues and diseases pillaged our of January 3, 2019, of the following human frailties. Still another levia- f Members on the part of the House to than plunders Your children—stealing, b 1200 the President’s Export Council: destroying, and killing without preju- Mr. LARSON, Connecticut dice. We beseech You this morning AFTER RECESS Ms. DELBENE, Washington without timidity, but in all reverence The recess having expired, the House Mr. GOMEZ, California and humiliation, reminding You of was called to order by the Speaker pro f Your promise to us, Your children, tempore (Mr. RASKIN) at noon. that if destruction should come in the f RECESS guise of drought or by the hordes of lo- The SPEAKER pro tempore. Pursu- APPOINTMENT OF MEMBERS TO custs or the peril of pestilence, and ant to clause 12(a) of rule I, the Chair BRITISH-AMERICAN INTER- whether it comes with the morning’s declares the House in recess subject to PARLIAMENTARY GROUP sun, the noonday heat, or the darkness the call of the Chair. of night, or whether it comes by na- The SPEAKER pro tempore. The Accordingly (at 12 o’clock and 1 ture’s chance, man’s nefarious deed, or Chair announces the Speaker’s ap- minute p.m.), the House stood in re- by Your outstretched hand, You prom- pointment, pursuant to 22 U.S.C. 276l, cess. ised that if Your people, who are called and the order of the House of January f by Your name, shall humble them- 3, 2019, of the following Members on the selves, pray, seek Your face, and turn part of the House to the British-Amer- b 2006 from our wicked ways, You will hear us ican Interparliamentary Group: from heaven, forgive our sin, and heal Mr. MEEKS, New York AFTER RECESS our land. Ms. DELBENE, Washington The recess having expired, the House For this we shall do and plead today, Mr. KILMER, Washington was called to order by the Speaker pro O Lord. Mr. GOMEZ, California tempore (Ms. WEXTON) at 8 o’clock and In Jesus’ name, amen. Mr. CROW, Colorado 6 minutes p.m.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.000 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE H1698 CONGRESSIONAL RECORD — HOUSE March 16, 2020 DIRECTING THE CLERK OF THE The SPEAKER pro tempore. The res- ‘‘(c) MINIMUM CLOSURE REQUIREMENT.—The HOUSE OF REPRESENTATIVES ervation of the gentleman from Texas Secretary of Agriculture shall not provide TO MAKE CORRECTIONS IN THE is withdrawn. assistance under this section in the case of a ENGROSSMENT OF H.R. 6201 Is there objection to consideration of school that is closed for less than 5 consecu- tive days. The SPEAKER pro tempore. Without the resolution? There was no objection. ‘‘(d) USE OF EBT SYSTEM.—A State agency objection, the Chair lays before the may provide assistance under this section House the following resolution (H. Res. The text of the resolution is as follows: through the EBT card system established 904) directing the Clerk of the House of under section 7 of the Food and Nutrition H. RES. 904 Representatives to make corrections in Act of 2008 (7 U.S.C. 2016). the engrossment of H.R. 6201. Resolved, That the Clerk of the House of Representatives shall, in the engrossment of ‘‘(e) RELEASE OF INFORMATION.—Notwith- The Clerk read the title of the resolu- standing any other provision of law, the Sec- tion. bill H.R. 6201, make the following corrections: retary of Agriculture may authorize State The SPEAKER pro tempore. Is there (1) Amend division A to read as follows: educational agencies and school food au- objection to the consideration of the thorities administering a school lunch pro- ‘‘DIVISION A—SECOND CORONAVIRUS resolution? gram under the Richard B. Russell National PREPAREDNESS AND RESPONSE SUP- School Lunch Act (42 U.S.C. 1751 et seq.) to Mr. GOHMERT. Madam Speaker, I PLEMENTAL APPROPRIATIONS ACT, release to appropriate officials administering reserve the right to object. 2020 the supplemental nutrition assistance pro- The SPEAKER pro tempore. The gen- ‘‘The following sums are hereby appro- tleman from Texas is recognized on his gram such information as may be necessary priated, out of any money in the Treasury to carry out this section. reservation. not otherwise appropriated, for the fiscal Mr. GOHMERT. Madam Speaker, we year ending September 30, 2020, and for other ‘‘(f) WAIVERS.—To facilitate implementa- had rushed this bill to the floor—I purposes, namely: tion of this section, the Secretary of Agri- would say rush. It had been an all-day ‘‘TITLE I culture may approve waivers of the limits on certification periods otherwise applicable thing Thursday and and all-day event ‘‘DEPARTMENT OF AGRICULTURE under section 3(f) of the Food and Nutrition Friday, and most of us were not part of ‘‘FOOD AND NUTRITION SERVICE Act of 2008 (7 U.S.C. 2012(f)), reporting re- the negotiations. We kept getting dif- ‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM quirements otherwise applicable under sec- ferent versions of the bill that was FOR WOMEN, INFANTS, AND CHILDREN (WIC) tion 6(c) of such Act (7 U.S.C. 2015(c)), and going to be coming to the floor, and ‘‘For an additional amount for the ‘Special other administrative requirements otherwise about 9 o’clock I got the latest ren- Supplemental Nutrition Program for applicable to State agencies under such Act. dition and had read that. I made a lot Women, Infants, and Children’, $500,000,000, ‘‘(g) AVAILABILITY OF COMMODITIES.—Dur- of notes and tags and things I was con- to remain available through September 30, ing fiscal year 2020, the Secretary of Agri- cerned about, and then I thought that 2021: Provided, That such amount is des- culture may purchase commodities for emer- was what we were going to be voting on ignated by the Congress as being for an gency distribution in any area of the United that night; but then there was a new emergency requirement pursuant to section States during a public health emergency des- 251(b)(2)(A)(i) of the Balanced Budget and ignation. version filed immediately before mid- Emergency Deficit Control Act of 1985. night, and we voted about 12:30. ‘‘(h) DEFINITIONS.—In this section: ‘‘COMMODITY ASSISTANCE PROGRAM So I had real concerns about some of ‘‘(1) The term ‘eligible child’ means a child ‘‘For an additional amount for the ‘Com- (as defined in section 12(d) or served under the wordings, some of the problems. Of modity Assistance Program’ for the emer- course, as President Obama said, elec- section 11(a)(1) of the Richard B. Russell Na- gency food assistance program as authorized tional School Lunch Act (42 U.S.C. 1760(d), tions have consequences; the majority by section 27(a) of the Food and Nutrition 1759(a)(1)) who, if not for the closure of the is going to get a whole lot more of Act of 2008 (7 U.S.C. 2036(a)) and section school attended by the child during a public what they want in a bill than the mi- 204(a)(1) of the Emergency Food Assistance health emergency designation and due to nority. I totally understand that, but Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to concerns about a COVID–19 outbreak, would there were some concerns about mat- remain available through September 30, 2021: receive free or reduced price school meals ters. Provided, That of the funds made available, under the Richard B. Russell National the Secretary may use up to $100,000,000 for School Lunch Act (42 U.S.C. 175l et seq.) at I am very concerned about small costs associated with the distribution of businesses. It had been changed from the school. commodities: Provided further, That such ‘‘(2) The term ‘public health emergency other laws, exempting those with over amount is designated by the Congress as designation’ means the declaration of a pub- 50 or more—like in ObamaCare—em- being for an emergency requirement pursu- lic health emergency, based on an outbreak ployees. Yet in this one, it changed ex- ant to section 251(b)(2)(A)(i) of the Balanced of SARS–CoV–2 or another coronavirus with empting under 500 to under 50—I’m Budget and Emergency Deficit Control Act pandemic potential, by the Secretary of sorry—applying to everybody under of 1985. Health and Human Services under section 319 500. That included all those under 50. ‘‘GENERAL PROVISIONS—THIS TITLE of the Public Health Service Act (42 U.S.C. A big concern is that it was going to ‘‘SEC. 1101. (a) PUBLIC HEALTH EMER- 247d). overwhelm some of our smallest busi- GENCY.—During fiscal year 2020, in any case ‘‘(3) The term ‘school’ has the meaning in which a school is closed for at least 5 con- given the term in section 12(d) of the Richard nesses. We know a majority of Ameri- B. Russell National School Lunch Act (42 cans work for small businesses. They secutive days during a public health emergency designation during which the school U.S.C. 1760(d)). create more job opportunities. So this would otherwise be in session, each house- ‘‘(i) FUNDING.—There are hereby appro- was a big deal. But though I didn’t sup- hold containing at least 1 member who is an priated to the Secretary of Agriculture such port the bill, and I still have big con- eligible child attending the school shall be amounts as are necessary to carry out this cerns, I am very grateful for the efforts eligible to receive assistance pursuant to a section: Provided, That such amount is des- of the majority, the President, the Sec- state agency plan approved under subsection ignated by the Congress as being for an retary of the Treasury, and staff mem- (b). emergency requirement pursuant to section bers of our minority leader who have ‘‘(b) ASSISTANCE.—To carry out this sec- 251(b)(2)(A)(i) of the Balanced Budget and continued to negotiate and work to try tion, the Secretary of Agriculture may ap- Emergency Deficit Control Act of 1985. prove State agency plans for temporary to get some of these problems figured emergency standards of eligibility and levels ‘‘SEC. 1102. In addition to amounts other- out. of benefits under the Food and Nutrition Act wise made available, $100,000,000, to remain So there is no question in my mind of 2008 (7 U.S.C. 2011 et seq.) for households available through September 30, 2021, shall at this point that what are being called with eligible children. Plans approved by the be available for the Secretary of Agriculture technical corrections make the bill Secretary shall provide for supplemental al- to provide grants to the Commonwealth of better than it was when it got passed in lotments to households receiving benefits the Northern Mariana Islands, Puerto Rico, the wee hours Saturday morning. So under such Act, and issuances to households and American Samoa for nutrition assistance in response to a COVID–19 public health because of that, Madam Speaker, I not already receiving benefits. Such level of benefits shall be determined by the Sec- emergency: Provided, That such amount is withdraw my objection to the technical retary in an amount not less than the value designated by the Congress as being for an corrections so there may be unanimous of meals at the free rate over the course of emergency requirement pursuant to section consent now that I withdraw my objec- 5 school days for each eligible child in the 251(b)(2)(A)(i) of the Balanced Budget and tion. household. Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MR7.004 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE March 16, 2020 CONGRESSIONAL RECORD — HOUSE H1699 ‘‘TITLE II Fund’, $1,000,000,000, to remain available mittees every 60 days until all funds are ex- ‘‘DEPARTMENT OF DEFENSE until expended, for activities authorized pended or expire. under section 2812 of the Public Health Serv- ‘‘SEC. 1702. States and local governments ‘‘DEFENSE HEALTH PROGRAM ice Act (42 U.S.C. 300hh–11), in coordination receiving funds or assistance pursuant to ‘‘For an additional amount for ‘Defense with the Assistant Secretary for Prepared- this division shall ensure the respective Health Program’, $82,000,000, to remain avail- ness and Response and the Administrator of State Emergency Operations Center receives able until September 30, 2022, for health serv- the Centers for Medicare & Medicaid Serv- regular and real-time reporting on aggre- ices consisting of SARS–CoV–2 or COVID–19 ices, to pay the claims of providers for reim- gated data on testing and results from State related items and services as described in bursement, as described in subsection and local public health departments, as de- section 6006(a) of division F of the Families (a)(3)(D) of such section 2812, for health serv- termined by the Director of the Centers for First Coronavirus Response Act (or the ad- ices consisting of SARS–CoV–2 or COVID–19 Disease Control and Prevention, and that ministration of such products): Provided, related items and services as described in such data is transmitted to the Centers for That such amount is designated by the Con- paragraph (1) of section 6001(a) of division F Disease Control and Prevention. gress as being for an emergency requirement of the Families First Coronavirus Response ‘‘SEC. 1703. Each amount appropriated or pursuant to section 251(b)(2)(A)(i) of the Bal- Act (or the administration of such products) made available by this Act is in addition to anced Budget and Emergency Deficit Control or visits described in paragraph (2) of such amounts otherwise appropriated for the fis- Act of 1985. section for uninsured individuals: Provided, cal year involved. ‘‘TITLE III That the term ‘uninsured individual’ in this ‘‘SEC. 1704. No part of any appropriation ‘‘DEPARTMENT OF THE TREASURY paragraph means an individual who is not contained in this Act shall remain available ‘‘INTERNAL REVENUE SERVICE enrolled in— for obligation beyond the current fiscal year ‘‘(1) a Federal health care program (as de- unless expressly so provided herein. ‘‘TAXPAYER SERVICES fined under section 1128B(f) of the Social Se- ‘‘SEC. 1705. Unless otherwise provided for ‘‘For an additional amount for ‘Taxpayer curity Act (42 U.S.C. 1320a-7b(f)), including by this Act, the additional amounts appro- Services’, $15,000,000, to remain available an individual who is eligible for medical as- priated by this Act to appropriations ac- until September 30, 2022, for the purposes of sistance only because of subsection counts shall be available under the authori- carrying out the Families First Coronavirus (a)(10)(A)(ii)(XXIII) of Section 1902 of the So- ties and conditions applicable to such appro- Response Act: Provided, That amounts pro- cial Security Act; or priations accounts for fiscal year 2020. vided under this heading in this Act may be ‘‘(2) a group health plan or health insur- ‘‘SEC. 1706. Each amount designated in this transferred to and merged with ‘Operations ance coverage offered by a health insurance Act by the Congress as being for an emer- Support’: Provided further, That such amount issuer in the group or individual market (as gency requirement pursuant to section is designated by the Congress as being for an such terms are defined in section 2791 of the 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section Public Health Service Act (42 U.S.C. 300gg- Emergency Deficit Control Act of 1985 shall 251(b)(2)(A)(i) of the Balanced Budget and 91)), or a health plan offered under chapter 89 be available (or rescinded or transferred, if Emergency Deficit Control Act of 1985. of title 5, United States Code: applicable) only if the President subse- ‘‘TITLE IV Provided further, That such amount is des- quently so designates all such amounts and ‘‘DEPARTMENT OF HEALTH AND HUMAN ignated by the Congress as being for an transmits such designations to the Congress. SERVICES emergency requirement pursuant to section ‘‘SEC. 1707. Any amount appropriated by this Act, designated by the Congress as an ‘‘INDIAN HEALTH SERVICE 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. emergency requirement pursuant to section ‘‘INDIAN HEALTH SERVICES 251(b)(2)(A)(i) of the Balanced Budget and ‘‘TITLE VI ‘‘For an additional amount for ‘Indian Emergency Deficit Control Act of 1985 and Health Services’, $64,000,000, to remain avail- ‘‘DEPARTMENT OF VETERANS AFFAIRS subsequently so designated by the President, able until September 30, 2022, for health serv- ‘‘VETERANS HEALTH ADMINISTRATION and transferred pursuant to transfer authori- ices consisting of SARS–CoV–2 or COVID–19 ‘‘MEDICAL SERVICES ties provided by this Act shall retain such related items and services as described in ‘‘For an additional amount for ‘Medical designation. section 6007 of division F of the Families ‘‘ ‘‘This division may be cited as the ‘Sec- Services’, $30,000,000, to remain available First Coronavirus Response Act (or the ad- ond Coronavirus Preparedness and Response until September 30, 2022, for health services ministration of such products): Provided, Supplemental Appropriations Act, 2020’.’’. consisting of SARS–CoV–2 or COVID–19 re- That such amounts shall be allocated at the (2) Amend division C to read as follows: lated items and services as described in sec- discretion of the Director of the Indian tion 6006(b) of division F of the Families ‘‘DIVISION C—EMERGENCY FAMILY AND Health Service: Provided further, That such First Coronavirus Response Act (or the ad- MEDICAL LEAVE EXPANSION ACT amount is designated by the Congress as ministration of such products): Provided, ‘‘SEC. 3101. SHORT TITLE. being for an emergency requirement pursu- That such amount is designated by the Con- ‘‘This Act may be cited as ‘Emergency ant to section 251(b)(2)(A)(i) of the Balanced gress as being for an emergency requirement Family and Medical Leave Expansion Act’. Budget and Emergency Deficit Control Act pursuant to section 251(b)(2)(A)(i) of the Bal- of 1985. ‘‘SEC. 3102. AMENDMENTS TO THE FAMILY AND anced Budget and Emergency Deficit Control MEDICAL LEAVE ACT OF 1993. ‘‘TITLE V Act of 1985. ‘‘(a) PUBLIC HEALTH EMERGENCY LEAVE.— ‘‘DEPARTMENT OF HEALTH AND HUMAN ‘‘MEDICAL COMMUNITY CARE ‘‘(1) IN GENERAL.—Section 102(a)(1) of the SERVICES ‘‘For an additional amount for ‘Medical Family and Medical Leave Act of 1993 (29 ‘‘ADMINISTRATION FOR COMMUNITY LIVING Community Care’, $30,000,000, to remain U.S.C. 2612(a)(1)) is amended by adding at the ‘‘AGING AND DISABILITY SERVICES PROGRAMS available until September 30, 2022, for health end the following: ‘‘ ‘(F) During the period beginning on the ‘‘For an additional amount for ‘Aging and services consisting of SARS–CoV–2 or date the Emergency Family and Medical Disability Services Programs’, $250,000,000, to COVID–19 related items and services as de- Leave Expansion Act takes effect, and end- remain available until September 30, 2021, for scribed in section 6006(b) of division F of the ing on December 31, 2020, because of a quali- activities authorized under subparts 1 and 2 Families First Coronavirus Response Act (or fying need related to a public health emer- of part C, of title III, and under title VI, of the administration of such products): Pro- gency in accordance with section 110.’. the Older Americans Act of 1965 (‘OAA’), of vided, That such amount is designated by the ‘‘(2) PAID LEAVE REQUIREMENT.—Section which $160,000,000 shall be for Home-Deliv- Congress as being for an emergency require- 102(c) of the Family and Medical Leave Act ered Nutrition Services, $80,000,000 shall be ment pursuant to section 251(b)(2)(A)(i) of of 1993 (29 U.S.C. 2612(c)) is amended by strik- for Congregate Nutrition Services, and the Balanced Budget and Emergency Deficit ing ‘under subsection (a)’ and inserting $10,000,000 shall be for Nutrition Services for Control Act of 1985. ‘under subsection (a) (other than certain pe- Native Americans: Provided, That State ‘‘TITLE VII riods of leave under subsection (a)(1)(F))’. matching requirements under sections ‘‘GENERAL PROVISIONS—THIS ACT ‘‘(b) REQUIREMENTS.—Title I of the Family 304(d)(1)(D) and 309(b)(2) of the OAA shall not and Medical Leave Act of 1993 (29 U.S.C. 2611 apply to funds made available under this ‘‘SEC. 1701. Not later than 30 days after the et seq.) is amended by adding at the end the heading in this Act: Provided further, That date of enactment of this Act, the head of following: such amount is designated by the Congress each executive agency that receives funding as being for an emergency requirement pur- in this Act shall provide a report detailing ‘‘ ‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. suant to section 251(b)(2)(A)(i) of the Bal- the anticipated uses of all such funding to ‘‘ ‘(a) DEFINITIONS.—The following shall anced Budget and Emergency Deficit Control the Committees on Appropriations of the apply with respect to leave under section Act of 1985. House of Representatives and the Senate: 102(a)(1)(F): Provided, That each report shall include esti- ‘‘ ‘(1) APPLICATION OF CERTAIN TERMS.—The ‘‘OFFICE OF THE SECRETARY mated personnel and administrative costs, as definitions in section 101 shall apply, except ‘‘PUBLIC HEALTH AND SOCIAL SERVICES well as the total amount of funding appor- as follows: EMERGENCY FUND tioned, allotted, obligated, and expended, to ‘‘ ‘(A) ELIGIBLE EMPLOYEE.—In lieu of the ‘‘For an additional amount for ‘Public date: Provided further, That each such plan definition in sections 101(2)(A) and Health and Social Services Emergency shall be updated and submitted to such Com- 101(2)(B)(ii), the term ‘‘eligible employee’’

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means an employee who has been employed ‘‘ ‘(ii) CLARIFICATION.—In no event shall ployer collective bargaining agreement for for at least 30 calendar days by the employer such paid leave exceed $200 per day and paid leave taken under section 102(a)(1)(F) of with respect to whom leave is requested $10,000 in the aggregate. title I of the Family and Medical Leave Act under section 102(a)(1)(F). ‘‘ ‘(C) VARYING SCHEDULE HOURS CALCULA- of 1993, as added by the Families First ‘‘ ‘(B) EMPLOYER THRESHOLD.—Section TION.—In the case of an employee whose Coronavirus Response Act. 101(4)(A)(i) shall be applied by substituting schedule varies from week to week to such ‘‘(b) EMPLOYEES.—Employees who work ‘‘fewer than 500 employees’’ for ‘‘50 or more an extent that an employer is unable to de- under a multiemployer collective bargaining employees for each working day during each termine with certainty the number of hours agreement into which their employers make of 20 or more calendar workweeks in the cur- the employee would have worked if such em- contributions as provided in subsection (a) rent or preceding calendar year’’. ployee had not taken leave under section may secure pay from such fund, plan, or pro- ‘‘ ‘(2) ADDITIONAL DEFINITIONS.—In addition 102(a)(1)(F), the employer shall use the fol- gram based on hours they have worked under to the definitions described in paragraph (1), lowing in place of such number: the multiemployer collective bargaining the following definitions shall apply with re- ‘‘ ‘(i) Subject to clause (ii), a number equal agreement for paid leave taken under section spect to leave under section 102(a)(1)(F): to the average number of hours that the em- 102(a)(1)(F) of title I of the Family and Med- ‘‘ ‘(A) QUALIFYING NEED RELATED TO A PUB- ployee was scheduled per day over the 6- ical Leave Act of 1993, as added by the Fami- LIC HEALTH EMERGENCY.—The term ‘‘quali- month period ending on the date on which lies First Coronavirus Response Act. fying need related to a public health emer- the employee takes such leave, including ‘‘SEC. 3104. SPECIAL RULE FOR CERTAIN EM- gency’’, with respect to leave, means the em- hours for which the employee took leave of PLOYERS. ployee is unable to work (or telework) due to any type. ‘‘ An employer under 110(a)(B) shall not be a need for leave to care for the son or daugh- ‘‘ ‘(ii) If the employee did not work over subject to section 107(a) for a violation of ter under 18 years of age of such employee if such period, the reasonable expectation of section 102(a)(1)(F) if the employer does not the school or place of care has been closed, the employee at the time of hiring of the av- meet the definition of employer set forth in or the child care provider of such son or erage number of hours per day that the em- Section 101(4)(A)(i). daughter is unavailable, due to a public ployee would normally be scheduled to work. health emergency. ‘‘SEC. 3105. SPECIAL RULE FOR HEALTH CARE ‘‘ ‘(c) NOTICE.—In any case where the neces- PROVIDERS AND EMERGENCY RE- ‘‘ ‘(B) PUBLIC HEALTH EMERGENCY.—The sity for leave under section 102(a)(1)(F) for SPONDERS. term ‘‘public health emergency’’ means an the purpose described in subsection ‘‘An employer of an employee who is a emergency with respect to COVID-19 de- (a)(2)(A)(iii) is foreseeable, an employee shall health care provider or an emergency re- clared by a Federal, State, or local author- provide the employer with such notice of sponder may elect to exclude such employee ity. leave as is practicable. from the application of the provisions in the ‘‘ ‘(C) CHILD CARE PROVIDER.—The term ‘‘ ‘(d) RESTORATION TO POSITION.— amendments made under of section 3102 of ‘‘child care provider’’ means a provider who ‘‘ ‘(1) IN GENERAL.—Section 104(a)(1) shall this Act. receives compensation for providing child not apply with respect to an employee of an care services on a regular basis, including an employer who employs fewer than 25 employ- ‘‘SEC. 3106. EFFECTIVE DATE. ‘‘eligible child care provider’’ (as defined in ees if the conditions described in paragraph ‘‘ This Act shall take effect not later than section 658P of the Child Care and Develop- (2) are met. 15 days after the date of enactment of this ment Block Grant Act of 1990 (42 U.S.C. ‘‘ ‘(2) CONDITIONS.—The conditions de- Act.’’. 9858n)). scribed in this paragraph are the following: (3) Amend division E to read as follows: ‘‘ ‘(D) SCHOOL.—The term ‘‘school’’ means ‘‘ ‘(A) The employee takes leave under sec- ‘‘DIVISION E—EMERGENCY PAID SICK an ‘‘elementary school’’ or ‘‘secondary tion 102(a)(1)(F). LEAVE ACT school’’ as such terms are defined in section ‘‘ ‘(B) The position held by the employee ‘‘SEC. 5101. SHORT TITLE. 8101 of the Elementary and Secondary Edu- when the leave commenced does not exist ‘‘This Act may be cited as the ‘Emergency cation Act of 1965 (20 U.S.C. 7801). due to economic conditions or other changes Paid Sick Leave Act’. ‘‘ ‘(3) REGULATORY AUTHORITIES.—The Sec- in operating conditions of the employer— ‘‘SEC. 5102. PAID SICK TIME REQUIREMENT. retary of Labor shall have the authority to ‘‘ ‘(i) that affect employment; and issue regulations for good cause under sec- ‘‘ ‘(ii) are caused by a public health emer- ‘‘(a) IN GENERAL.—An employer shall pro- tions 553(b)(B) and 553(d)(A) of title 5, United gency during the period of leave. vide to each employee employed by the em- States Code— ‘‘ ‘(C) The employer makes reasonable ef- ployer paid sick time to the extent that the ‘‘ ‘(A) to exclude certain health care pro- forts to restore the employee to a position employee is unable to work (or telework) due viders and emergency responders from the equivalent to the position the employee held to a need for leave because: definition of eligible employee under section when the leave commenced, with equivalent ‘‘(1) The employee is subject to a Federal, 110(a)(1)(A); and employment benefits, pay, and other terms State, or local quarantine or isolation order ‘‘ ‘(B) to exempt small businesses with and conditions of employment. related to COVID-19. fewer than 50 employees from the require- ‘‘ ‘(D) If the reasonable efforts of the em- ‘‘(2) The employee has been advised by a ments of section 102(a)(1)(F) when the impo- ployer under subparagraph (C) fail, the em- health care provider to self-quarantine due sition of such requirements would jeopardize ployer makes reasonable efforts during the to concerns related to COVID-19. the viability of the business as a going con- period described in paragraph (3) to contact ‘‘(3) The employee is experiencing symp- cern. the employee if an equivalent position de- toms of COVID-19 and seeking a medical di- ‘‘ ‘(b) RELATIONSHIP TO PAID LEAVE.— scribed in subparagraph (C) becomes avail- agnosis. ‘‘ ‘(1) UNPAID LEAVE FOR INITIAL 10 DAYS.— able. ‘‘(4) The employee is caring for an indi- ‘‘ ‘(A) IN GENERAL.—The first 10 days for vidual who is subject to an order as described ‘‘ ‘(3) CONTACT PERIOD.—The period de- which an employee takes leave under section scribed under this paragraph is the 1-year pe- in subparagraph (1) or has been advised as 102(a)(1)(F) may consist of unpaid leave. riod beginning on the earlier of— described in paragraph (2). ‘‘ ‘(B) EMPLOYEE ELECTION.—An employee ‘‘ ‘(A) the date on which the qualifying ‘‘(5) The employee is caring for a son or may elect to substitute any accrued vacation need related to a public health emergency daughter of such employee if the school or leave, personal leave, or medical or sick concludes; or place of care of the son or daughter has been leave for unpaid leave under section ‘‘ ‘(B) the date that is 12 weeks after the closed, or the child care provider of such son 102(a)(1)(F) in accordance with section date on which the employee’s leave under or daughter is unavailable, due to COVID-19 102(d)(2)(B). section 102(a)(1)(F) commences. ’. precautions. ‘‘ ‘(2) PAID LEAVE FOR SUBSEQUENT DAYS.— ‘‘(6) The employee is experiencing any ‘‘SEC. 3103. EMPLOYMENT UNDER MULTI-EM- ‘‘ ‘(A) IN GENERAL.—An employer shall pro- PLOYER BARGAINING AGREEMENTS. other substantially similar condition speci- vide paid leave for each day of leave under ‘‘(a) EMPLOYERS.—An employer signatory fied by the Secretary of Health and Human section 102(a)(1)(F) that an employee takes to a multiemployer collective bargaining Services in consultation with the Secretary after taking leave under such section for 10 agreement may, consistent with its bar- of the Treasury and the Secretary of Labor. days. gaining obligations and its collective bar- Except that an employer of an employee who ‘‘ ‘(B) CALCULATION.— gaining agreement, fulfill its obligations is a health care provider or an emergency re- ‘‘ ‘(i) IN GENERAL.—Subject to clause (ii), under section 110(b)(2) of title I of the Fam- sponder may elect to exclude such employee paid leave under subparagraph (A) for an em- ily and Medical Leave Act of 1993, as added from the application of this subsection. ployee shall be calculated based on— by the Families First Coronavirus Response ‘‘(b) DURATION OF PAID SICK TIME.— ‘‘ ‘(I) an amount that is not less than two- Act, by making contributions to a multiem- ‘‘(1) IN GENERAL.—An employee shall be en- thirds of an employee’s regular rate of pay ployer fund, plan, or program based on the titled to paid sick time for an amount of (as determined under section 7(e) of the Fair paid leave each of its employees is entitled hours determined under paragraph (2). Labor Standards Act of 1938 (29 U.S.C. 207(e)); to under such section while working under ‘‘(2) AMOUNT OF HOURS.—The amount of and the multiemployer collective bargaining hours of paid sick time to which an employee ‘‘ ‘(II) the number of hours the employee agreement, provided that the fund, plan, or is entitled shall be as follows: would otherwise be normally scheduled to program enables employees to secure pay ‘‘(A) For full-time employees, 80 hours. work (or the number of hours calculated from such fund, plan, or program based on ‘‘(B) For part-time employees, a number of under subparagraph (C)). hours they have worked under the multiem- hours equal to the number of hours that such

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE March 16, 2020 CONGRESSIONAL RECORD — HOUSE H1701 employee works, on average, over a 2-week multiemployer fund, plan, or program based ‘‘(V) an Executive Agency as defined in period. on the hours of paid sick time each of its em- section 105 of title 5, United States Code, and ‘‘(3) CARRYOVER.—Paid sick time under ployees is entitled to under this Act while including the U.S. Postal Service and the this section shall not carry over from 1 year working under the multiemployer collective Postal Regulatory Commission; and to the next. bargaining agreement, provided that the ‘‘(ii) engaged in commerce (including gov- ‘‘(c) EMPLOYER’S TERMINATION OF PAID SICK fund, plan, or program enables employees to ernment), or an industry or activity affect- TIME.—Paid sick time provided to an em- secure pay from such fund, plan, or program ing commerce (including government), as de- ployee under this Act shall cease beginning based on hours they have worked under the fined in subparagraph (B)(iii). multiemployer collective bargaining agree- with the employee’s next scheduled ‘‘(B) COVERED EMPLOYER.— ment and for the uses specified under section workshift immediately following the termi- ‘‘(i) IN GENERAL.—In subparagraph (A)(i)(I), 5102(a). nation of the need for paid sick time under the term ‘covered employer’— ‘‘(b) EMPLOYEES.—Employees who work subsection (a). ‘‘(I) means any person engaged in com- ‘‘(d) PROHIBITION.—An employer may not under a multiemployer collective bargaining agreement into which their employers make merce or in any industry or activity affect- require, as a condition of providing paid sick ing commerce that— time under this Act, that the employee in- contributions as provided in subsection (a) ‘‘(aa) in the case of a private entity or indi- volved search for or find a replacement em- may secure pay from such fund, plan, or pro- vidual, employs fewer than 500 employees; ployee to cover the hours during which the gram based on hours they have worked under and employee is using paid sick time. the multiemployer collective bargaining agreement for the uses specified in section ‘‘(bb) in the case of a public agency or any ‘‘(e) USE OF PAID SICK TIME.— 5102(a). other entity that is not a private entity or ‘‘(1) IN GENERAL.—The paid sick time under subsection (a) shall be available for imme- ‘‘SEC. 5107. RULES OF CONSTRUCTION. individual, employs 1 or more employees; diate use by the employee for the purposes ‘‘Nothing in this Act shall be construed— ‘‘(II) includes— described in such subsection, regardless of ‘‘(1) to in any way diminish the rights or ‘‘(aa) includes any person acting directly how long the employee has been employed by benefits that an employee is entitled to or indirectly in the interest of an employer an employer. under any— in relation to an employee (within the mean- ‘‘(A) other Federal, State, or local law; ‘‘(2) SEQUENCING.— ing of such phrase in section 3(d) of the Fair ‘‘(B) collective bargaining agreement; or ‘‘(A) IN GENERAL.—An employee may first Labor Standards Act of 1938 (29 U.S.C. 203(d)); use the paid sick time under subsection (a) ‘‘(C) existing employer policy; or and for the purposes described in such sub- ‘‘(2) to require financial or other reim- ‘‘(bb) any successor in interest of an em- bursement to an employee from an employer section. ployer; upon the employee’s termination, resigna- ‘‘(B) PROHIBITION.—An employer may not ‘‘(III) includes any ‘public agency’, as de- tion, retirement, or other separation from require an employee to use other paid leave fined in section 3(x) of the Fair Labor Stand- employment for paid sick time under this provided by the employer to the employee ards Act of 1938 (29 U.S.C. 203(x)); and Act that has not been used by such em- before the employee uses the paid sick time ‘‘(IV) includes the Government Account- ployee. under subsection (a). ability Office and the Library of Congress. ‘‘SEC. 5108. EFFECTIVE DATE. ‘‘SEC. 5103. NOTICE. ‘‘(ii) PUBLIC AGENCY.—For purposes of ‘‘This Act, and the requirements under this clause (i)(IV), a public agency shall be con- ‘‘(a) IN GENERAL.—Each employer shall Act, shall take effect not later than 15 days sidered to be a person engaged in commerce post and keep posted, in conspicuous places after the date of enactment of this Act. on the premises of the employer where no- or in an industry or activity affecting com- ‘‘SEC. 5109. SUNSET. tices to employees are customarily posted, a merce. ‘‘This Act, and the requirements under this ‘‘(iii) DEFINITIONS.—For purposes of this notice, to be prepared or approved by the Act, shall expire on December 31, 2020. Secretary of Labor, of the requirements de- subparagraph: ‘‘SEC. 5110. DEFINITIONS. ‘‘(I) COMMERCE.—The terms ‘commerce’ scribed in this Act. ‘‘For purposes of the Act: ‘‘(b) MODEL NOTICE.—Not later than 7 days and ‘industry or activity affecting com- ‘‘(1) EMPLOYEE.—The terms ‘employee’ after the date of enactment of this Act, the merce’ means any activity, business, or in- means an individual who is— Secretary of Labor shall make publicly dustry in commerce or in which a labor dis- ‘‘(A)(i) an employee, as defined in section pute would hinder or obstruct commerce or available a model of a notice that meets the 3(e) of the Fair Labor Standards Act of 1938 requirements of subsection (a). the free flow of commerce, and include ‘com- (29 U.S.C. 203(e)), who is not covered under merce’ and any ‘industry affecting com- ‘‘SEC. 5104. PROHIBITED ACTS. subparagraph (E) or (F), including such an merce’, as defined in paragraphs (1) and (3) of ‘‘It shall be unlawful for any employer to employee of the Library of Congress, except section 501 of the Labor Management Rela- discharge, discipline, or in any other manner that a reference in such section to an em- tions Act of 1947 (29 U.S.C. 142 (1) and (3)). discriminate against any employee who— ployer shall be considered to be a reference ‘‘(II) EMPLOYEE.—The term ‘employee’ has ‘‘(1) takes leave in accordance with this to an employer described in clauses (i)(I) and the same meaning given such term in section Act; and (ii) of paragraph (5)(A); or ‘‘(2) has filed any complaint or instituted ‘‘(ii) an employee of the Government Ac- 3(e) of the Fair Labor Standards Act of 1938 or caused to be instituted any proceeding countability Office; (29 U.S.C. 203(e)). under or related to this Act (including a pro- ‘‘(B) a State employee described in section ‘‘(III) PERSON.—The term ‘person’ has the ceeding that seeks enforcement of this Act), 304(a) of the Government Employee Rights same meaning given such term in section or has testified or is about to testify in any Act of 1991 (42 U.S.C. 2000e–16c(a)); 3(a) of the Fair Labor Standards Act of 1938 such proceeding. ‘‘(C) a covered employee, as defined in sec- (29 U.S.C. 203(a)). ‘‘SEC. 5105. ENFORCEMENT. tion 101 of the Congressional Accountability ‘‘(3) FLSA TERMS.—The terms ‘employ’ and ‘‘(a) UNPAID SICK LEAVE.—An employer Act of 1995 (2 U.S.C. 1301), other than an ap- ‘State’ have the meanings given such terms who violates section 5102 shall— plicant for employment; in section 3 of the Fair Labor Standards Act ‘‘(1) be considered to have failed to pay ‘‘(D) a covered employee, as defined in sec- of 1938 (29 U.S.C. 203). minimum wages in violation of section 6 of tion 411(c) of title 3, United States Code; ‘‘(4) FMLA TERMS.—The terms ‘health care the Fair Labor Standards Act of 1938 (29 ‘‘(E) a Federal officer or employee covered provider’ and ‘son or daughter’ have the U.S.C. 206); and under subchapter V of chapter 63 of title 5, meanings given such terms in section 101 of ‘‘(2) be subject to the penalties described in United States Code; or the Family and Medical Leave Act of 1993 (29 sections 16 and 17 of such Act (29 U.S.C. 216; ‘‘(F) any other individual occupying a posi- U.S.C. 2611). 217) with respect to such violation. tion in the civil service (as that term is de- ‘‘(5) PAID SICK TIME.— ‘‘(b) UNLAWFUL TERMINATION.—An em- fined in section 2101(1) of title 5, United ‘‘(A) IN GENERAL.—The term ‘paid sick ployer who willfully violates section 5104 States Code). time’ means an increment of compensated shall— ‘‘(2) EMPLOYER.— leave that— ‘‘(1) be considered to be in violation of sec- ‘‘(A) IN GENERAL.—The term ‘employer’ ‘‘(i) is provided by an employer for use dur- tion 15(a)(3) of the Fair Labor Standards Act means a person who is— ing an absence from employment for a rea- of 1938 (29 U.S.C. 215(a)(3)); and ‘‘(i)(I) a covered employer, as defined in son described in any paragraph of section ‘‘(2) be subject to the penalties described in subparagraph (B), who is not covered under 2(a); and sections 16 and 17 of such Act (29 U.S.C. 216; subclause (V); ‘‘(ii) is calculated based on the employee’s 217) with respect to such violation. ‘‘(II) an entity employing a State employee required compensation under subparagraph ‘‘SEC. 5106. EMPLOYMENT UNDER MULTI-EM- described in section 304(a) of the Government (B) and the number of hours the employee PLOYER BARGAINING AGREEMENTS. Employee Rights Act of 1991; would otherwise be normally scheduled to ‘‘(a) EMPLOYERS.—An employer signatory ‘‘(III) an employing office, as defined in work (or the number of hours calculated to a multiemployer collective bargaining section 101 of the Congressional Account- under subparagraph (C)), except that in no agreement may, consistent with its bar- ability Act of 1995; event shall such paid sick time exceed— gaining obligations and its collective bar- ‘‘(IV) an employing office, as defined in ‘‘(I) $511 per day and $5,110 in the aggregate gaining agreement, fulfill its obligations section 411(c) of title 3, United States Code; for a use described in paragraph (1), (2), or (3) under this Act by making contributions to a or of section 5102(a); and

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE H1702 CONGRESSIONAL RECORD — HOUSE March 16, 2020 ‘‘(II) $200 per day and $2,000 in the aggre- individual health insurance coverage (includ- shall not apply with respect to any specified gate for a use described in paragraph (4), (5), ing a grandfathered health plan (as defined COVID–19 testing-related service described or (6) of section 5102(a). in section 1251(e) of the Patient Protection in paragraph (1) of subsection (cc) for which ‘‘(B) REQUIRED COMPENSATION.— and Affordable Care Act)) shall provide cov- payment may be made under a specified out- ‘‘(i) IN GENERAL.—Subject to subparagraph erage, and shall not impose any cost sharing patient payment provision described in para- (A)(ii), the employee’s required compensa- (including deductibles, copayments, and co- graph (2) of such subsection’; and tion under this subparagraph shall be not insurance) requirements or prior authoriza- ‘‘(3) by adding at the end the following new less than the greater of the following: tion or other medical management require- subsection: ‘‘(I) The employee’s regular rate of pay (as ments, for the following items and services ‘‘ ‘(cc) SPECIFIED COVID–19 TESTING-RE- determined under section 7(e) of the Fair furnished during any portion of the emer- LATED SERVICES.—For purposes of subsection Labor Standards Act of 1938 (29 U.S.C. 207(e)). gency period defined in paragraph (1)(B) of (a)(1)(DD): ‘‘(II) The minimum wage rate in effect section 1135(g) of the Social Security Act (42 ‘‘ ‘(1) DESCRIPTION.— under section 6(a)(1) of the Fair Labor Stand- U.S.C. 1320b–5(g)) beginning on or after the ‘‘ ‘(A) IN GENERAL.—A specified COVID–19 ards Act of 1938 (29 U.S.C. 206(a)(1)). date of the enactment of this Act: testing-related service described in this ‘‘(III) The minimum wage rate in effect for ‘‘(1) In vitro diagnostic products (as de- paragraph is a medical visit that— such employee in the applicable State or lo- fined in section 809.3(a) of title 21, Code of ‘‘ ‘(i) is in any of the categories of HCPCS cality, whichever is greater, in which the Federal Regulations) for the detection of evaluation and management service codes employee is employed. SARS–CoV–2 or the diagnosis of the virus described in subparagraph (B); that causes COVID–19 that are approved, ‘‘(ii) SPECIAL RULE FOR CARE OF FAMILY ‘‘ ‘(ii) is furnished during any portion of the cleared, or authorized under section 510(k), MEMBERS.—Subject to subparagraph (A)(ii), emergency period (as defined in section with respect to any paid sick time provided 513, 515 or 564 of the Federal Food, Drug, and 1135(g)(1)(B)) (beginning on or after the date for any use described in paragraph (4), (5), or Cosmetic Act, and the administration of of enactment of this subsection); (6) of section 5102(a), the employee’s required such in vitro diagnostic products. ‘‘ ‘(iii) results in an order for or adminis- ‘‘(2) Items and services furnished to an in- compensation under this subparagraph shall tration of a clinical diagnostic laboratory dividual during health care provider office be two-thirds of the amount described in test described in section 1852(a)(1)(B)(iv)(IV); visits (which term in this paragraph includes clause (B)(i). and in-person visits and telehealth visits), urgent ‘‘(C) VARYING SCHEDULE HOURS CALCULA- ‘‘ ‘(iv) relates to the furnishing or adminis- care center visits, and emergency room vis- TION.—In the case of a part-time employee tration of such test or to the evaluation of its that result in an order for or administra- described in section 5102(b)(2)(B) whose such individual for purposes of determining tion of an in vitro diagnostic product de- schedule varies from week to week to such the need of such individual for such test. scribed in paragraph (1), but only to the ex- an extent that an employer is unable to de- ‘‘ ‘(B) CATEGORIES OF HCPCS CODES.—For tent such items and services relate to the termine with certainty the number of hours purposes of subparagraph (A), the categories furnishing or administration of such product the employee would have worked if such em- of HCPCS evaluation and management serv- or to the evaluation of such individual for ployee had not taken paid sick time under ices codes are the following: purposes of determining the need of such in- section 2(a), the employer shall use the fol- ‘‘ ‘(i) Office and other outpatient services. dividual for such product. lowing in place of such number: ‘‘ ‘(ii) Hospital observation services. ‘‘(b) ENFORCEMENT.—The provisions of sub- ‘‘ ‘(iii) Emergency department services. ‘‘(i) Subject to clause (ii), a number equal section (a) shall be applied by the Secretary ‘‘ ‘(iv) Nursing facility services. to the average number of hours that the em- of Health and Human Services, Secretary of ‘‘ ‘(v) Domiciliary, rest home, or custodial ployee was scheduled per day over the 6- Labor, and Secretary of the Treasury to care services. month period ending on the date on which group health plans and health insurance ‘‘ ‘(vi) Home services. the employee takes the paid sick time, in- issuers offering group or individual health cluding hours for which the employee took insurance coverage as if included in the pro- ‘‘ ‘(vii) Online digital evaluation and man- leave of any type. visions of part A of title XXVII of the Public agement services. ‘‘(ii) If the employee did not work over Health Service Act, part 7 of the Employee ‘‘ ‘(2) SPECIFIED OUTPATIENT PAYMENT PRO- such period, the reasonable expectation of Retirement Income Security Act of 1974, and VISION.—A specified outpatient payment pro- the employee at the time of hiring of the av- subchapter B of chapter 100 of the Internal vision described in this paragraph is any of erage number of hours per day that the em- Revenue Code of 1986, as applicable. the following: ployee would normally be scheduled to work. ‘‘(c) IMPLEMENTATION.—The Secretary of ‘‘ ‘(A) The hospital outpatient prospective ‘‘(D) GUIDELINES.—Not later than 15 days Health and Human Services, Secretary of payment system under subsection (t). after the date of the enactment of this Act, Labor, and Secretary of the Treasury may ‘‘ ‘(B) The physician fee schedule under sec- the Secretary of Labor shall issue guidelines implement the provisions of this section tion 1848. to assist employers in calculating the through sub-regulatory guidance, program ‘‘ ‘(C) The prospective payment system de- amount of paid sick time under subpara- instruction or otherwise. veloped under section 1834(o). graph (A). ‘‘(d) TERMS.—The terms ‘group health ‘‘ ‘(D) Section 1834(g), with respect to an ‘‘(E) REASONABLE NOTICE.—After the first plan’; ‘health insurance issuer’; ‘group outpatient critical access hospital service. workday (or portion thereof) an employee re- health insurance coverage’, and ‘individual ‘‘ ‘(E) The payment basis determined in ceives paid sick time under this Act, an em- health insurance coverage’ have the mean- regulations pursuant to section 1833(a)(3) for ployer may require the employee to follow ings given such terms in section 2791 of the rural health clinic services. ’. reasonable notice procedures in order to con- Public Health Service Act (42 U.S.C. 300gg– ‘‘(b) CLAIMS MODIFIER.—The Secretary of tinue receiving such paid sick time. 91), section 733 of the Employee Retirement Health and Human Services shall provide for ‘‘SEC. 5111. REGULATORY AUTHORITIES. Income Security Act of 1974 (29 U.S.C. 1191b), an appropriate modifier (or other identifier) ‘‘The Secretary of Labor shall have the au- and section 9832 of the Internal Revenue to include on claims to identify, for purposes thority to issue regulations for good cause Code of 1986, as applicable. of subparagraph (DD) of section 1833(a)(1), as under sections 553(b)(B) and 553(d)(A) of title ‘‘SEC. 6002. WAIVING COST SHARING UNDER THE added by subsection (a), specified COVID–19 MEDICARE PROGRAM FOR CERTAIN testing-related services described in para- 5, United States Code— VISITS RELATING TO TESTING FOR ‘‘(1) to exclude certain health care pro- graph (1) of section 1833(cc) of the Social Se- COVID–19. curity Act, as added by subsection (a), for viders and emergency responders from the ‘‘(a) IN GENERAL.—Section 1833 of the So- definition of employee under section 5110(1) which payment may be made under a speci- cial Security Act (42 U.S.C. 1395l) is amend- fied outpatient payment provision described including by allowing the employer of such ed— health care providers and emergency re- in paragraph (2) of such subsection. ‘‘(1) in subsection (a)(1)— ‘‘(c) IMPLEMENTATION.—Notwithstanding sponders to opt out; ‘‘(A) by striking ‘and’ before ‘(CC)’; and any other provision of law, the Secretary of ‘‘(2) to exempt small businesses with fewer ‘‘(B) by inserting before the period at the Health and Human Services may implement than 50 employees from the requirements of end the following: ‘, and (DD) with respect to the provisions of, including amendments section 5102(a)(5) when the imposition of a specified COVID–19 testing-related service made by, this section through program in- such requirements would jeopardize the via- described in paragraph (1) of subsection (cc) struction or otherwise. bility of the business as a going concern; and for which payment may be made under a ‘‘(3) as necessary, to carry out the purposes ‘‘SECTION 6003. COVERAGE OF TESTING FOR specified outpatient payment provision de- COVID–19 AT NO COST SHARING of this Act, including to ensure consistency scribed in paragraph (2) of such subsection, UNDER THE MEDICARE ADVANTAGE between this Act and Division C and Division the amounts paid shall be 100 percent of the PROGRAM. G of the Families First Coronavirus Re- payment amount otherwise recognized under ‘‘(a) IN GENERAL.—Section 1852(a)(1)(B) of sponse Act.’’. such respective specified outpatient payment the Social Security Act (42 U.S.C. 1395w– (4) Amend division F to read as follows: provision for such service,’; 22(a)(1)(B)) is amended— ‘‘DIVISION F—HEALTH PROVISIONS ‘‘(2) in subsection (b), in the first sen- ‘‘(1) in clause (iv)— ‘‘SEC. 6001. COVERAGE OF TESTING FOR COVID– tence— ‘‘(A) by redesignating subclause (IV) as 19. ‘‘(A) by striking ‘and’ before ‘(10)’; and subclause (VI); and ‘‘(a) IN GENERAL.—A group health plan and ‘‘(B) by inserting before the period at the ‘‘(B) by inserting after subclause (III) the a health insurance issuer offering group or end the following: ‘, and (11) such deductible following new subclauses:

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE March 16, 2020 CONGRESSIONAL RECORD — HOUSE H1703 ‘‘ ‘(IV) Clinical diagnostic laboratory test ‘‘ ‘(xi) Any in vitro diagnostic product de- (as defined in section 1902(ss)) who are eligi- administered during any portion of the emer- scribed in section 1905(a)(3)(B) that is admin- ble for such assistance only on the basis of gency period defined in paragraph (1)(B) of istered during any portion of the emergency section 1902(a)(10)(A)(ii)(XXIII) and with re- section 1135(g) beginning on or after the date period described in such section beginning on spect to expenditures described in section of the enactment of the Families First or after the date of the enactment of this 1903(a)(7) that a State demonstrates to the Coronavirus Response Act for the detection clause (and the administration of such prod- satisfaction of the Secretary are attributable of SARS–CoV–2 or the diagnosis of the virus uct) and any visit described in section to administrative costs related to providing that causes COVID–19 and the administra- 1916(a)(2)(G) that is furnished during any for such medical assistance to such individ- tion of such test. such portion.’. uals under the State plan.’. ‘‘ ‘(V) Specified COVID–19 testing-related ‘‘(C) CLARIFICATION.—The amendments ‘‘(b) CHIP.— services (as described in section 1833(cc)(1)) made this paragraph shall apply with respect ‘‘(1) IN GENERAL.—Section 2103(c) of the So- for which payment would be payable under a to a State plan of a territory in the same cial Security Act (42 U.S.C. 1397cc(c)) is specified outpatient payment provision de- manner as a State plan of one of the 50 amended by adding at the end the following scribed in section 1833(cc)(2).’; States. paragraph: ‘‘(2) in clause (v), by inserting ‘, other than ‘‘(3) STATE OPTION TO PROVIDE COVERAGE ‘‘ ‘(10) CERTAIN IN VITRO DIAGNOSTIC PROD- subclauses (IV) and (V) of such clause,’ after FOR UNINSURED INDIVIDUALS.— UCTS FOR COVID–19 TESTING.—The child health ‘clause (iv)’; and ‘‘(A) IN GENERAL.—Section 1902(a)(10) of the assistance provided to a targeted low-income ‘‘(3) by adding at the end the following new Social Security Act (42 U.S.C. 1396a(a)(10)) is child shall include coverage of any in vitro clause: amended— diagnostic product described in section ‘‘ ‘(vi) PROHIBITION OF APPLICATION OF CER- ‘‘(i) in subparagraph (A)(ii)— 1905(a)(3)(B) that is administered during any TAIN REQUIREMENTS FOR COVID–19 TESTING.—In ‘‘(I) in subclause (XXI), by striking ‘or’ at portion of the emergency period described in the case of a product or service described in the end; such section beginning on or after the date subclause (IV) or (V), respectively, of clause ‘‘(II) in subclause (XXII), by adding ‘or’ at of the enactment of this subparagraph (and (iv) that is administered or furnished during the end; and the administration of such product).’. any portion of the emergency period de- ‘‘(III) by adding at the end the following ‘‘(2) COVERAGE FOR TARGETED LOW-INCOME scribed in such subclause beginning on or new subclause: PREGNANT WOMEN.—Section 2112(b)(4) of the after the date of the enactment of this ‘‘ ‘(XXIII) during any portion of the emer- Social Security Act (42 U.S.C. 1397ll(b)(4)) is clause, an MA plan may not impose any gency period defined in paragraph (1)(B) of amended by inserting ‘under section 2103(c)’ prior authorization or other utilization man- section 1135(g) beginning on or after the date after ‘same requirements’. agement requirements with respect to the of the enactment of this subclause, who are ‘‘(3) PROHIBITION OF COST SHARING.—Section uninsured individuals (as defined in sub- coverage of such a product or service under 2103(e)(2) of the Social Security Act (42 section (ss));’; and such plan.’. U.S.C. 1397cc(e)(2)) is amended— ‘‘(b) IMPLEMENTATION.—Notwithstanding ‘‘(ii) in the matter following subparagraph ‘‘(A) in the paragraph header, by inserting any other provision of law, the Secretary of (G)— ‘, COVID–19 TESTING,’ before ‘OR PREGNANCY- Health and Human Services may implement ‘‘(I) by striking ‘and (XVII)’ and inserting RELATED ASSISTANCE’; and the amendments made by this section by ‘, (XVII)’; and ‘‘(B) by striking ‘category of services de- program instruction or otherwise. ‘‘(II) by inserting after ‘instead of through scribed in subsection (c)(1)(D) or’ and insert- ‘‘SECTION 6004. COVERAGE AT NO COST SHARING subclause (VIII)’ the following: ‘, and (XVIII) ing ‘categories of services described in sub- OF COVID–19 TESTING UNDER MED- the medical assistance made available to an section (c)(1)(D), in vitro diagnostic products ICAID AND CHIP. uninsured individual (as defined in sub- ‘‘(a) MEDICAID.— section (ss)) who is eligible for medical as- described in subsection (c)(10) (and adminis- ‘‘(1) IN GENERAL.—Section 1905(a)(3) of the sistance only because of subparagraph tration of such products), visits described in Social Security Act (42 U.S.C. 1396d(a)(3)) is (A)(ii)(XXIII) shall be limited to medical as- section 1916(a)(2)(G), or’. amended— sistance for any in vitro diagnostic product ‘‘SEC. 6005. TREATMENT OF PERSONAL RES- ‘‘(A) by striking ‘other laboratory’ and in- described in section 1905(a)(3)(B) that is ad- PIRATORY PROTECTIVE DEVICES AS serting ‘(A) other laboratory’; ministered during any portion of the emer- COVERED COUNTERMEASURES. ‘‘(B) by inserting ‘and’ after the semicolon; gency period described in such section begin- ‘‘Section 319F–3(i)(1) of the Public Health and ning on or after the date of the enactment of Service Act (42 U.S.C. 247d–6d(i)(1)) is amend- ‘‘(C) by adding at the end the following this subclause (and the administration of ed— new subparagraph: such product) and any visit described in sec- ‘‘(1) in subparagraph (B), by striking ‘or’ at ‘‘ ‘(B) in vitro diagnostic products (as de- tion 1916(a)(2)(G) that is furnished during the end; and fined in section 809.3(a) of title 21, Code of any such portion’. ‘‘(2) in subparagraph (C), by striking the Federal Regulations) administered during ‘‘(B) RECEIPT AND INITIAL PROCESSING OF period at the end and inserting ‘; or’; and any portion of the emergency period defined APPLICATIONS AT CERTAIN LOCATIONS.—Sec- ‘‘(3) by adding at the end the following new in paragraph (1)(B) of section 1135(g) begin- tion 1902(a)(55) of the Social Security Act (42 subparagraph: ning on or after the date of the enactment of U.S.C. 1396a(a)(55)) is amended, in the matter ‘‘ ‘(D) a personal respiratory protective de- this subparagraph for the detection of preceding subparagraph (A), by striking ‘or vice that is— SARS–CoV–2 or the diagnosis of the virus (a)(10)(A)(ii)(IX)’ and inserting ‘‘ ‘(i) approved by the National Institute for that causes COVID–19 that are approved, ‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’. Occupational Safety and Health under part cleared, or authorized under section 510(k), ‘‘(C) UNINSURED INDIVIDUAL DEFINED.—Sec- 84 of title 42, Code of Federal Regulations (or 513, 515 or 564 of the Federal Food, Drug, and tion 1902 of the Social Security Act (42 successor regulations); Cosmetic Act, and the administration of U.S.C. 1396a) is amended by adding at the end ‘‘ ‘(ii) subject to the emergency use author- such in vitro diagnostic products; ’. the following new subsection: ization issued by the Secretary on March 2, ‘‘(2) NO COST SHARING.— ‘‘ ‘(ss) UNINSURED INDIVIDUAL DEFINED.— 2020, or subsequent emergency use authoriza- ‘‘(A) IN GENERAL.—Subsections (a)(2) and For purposes of this section, the term ‘‘unin- tions, pursuant to section 564 of the Federal (b)(2) of section 1916 of the Social Security sured individual’’ means, notwithstanding Food, Drug, and Cosmetic Act (authorizing Act (42 U.S.C. 1396o) are each amended— any other provision of this title, any indi- emergency use of personal respiratory pro- ‘‘(i) in subparagraph (D), by striking ‘or’ at vidual who is— tective devices during the COVID–19 out- the end; ‘‘ ‘(1) not described in subsection break); and ‘‘(ii) in subparagraph (E), by striking ‘; (a)(10)(A)(i); and ‘‘ ‘(iii) used during the period beginning on and’ and inserting a comma; and ‘‘ ‘(2) not enrolled in a Federal health care January 27, 2020, and ending on October 1, ‘‘(iii) by adding at the end the following program (as defined in section 1128B(f)), a 2024, in response to the public health emer- new subparagraphs: group health plan, group or individual health gency declared on January 31, 2020, pursuant ‘‘ ‘(F) any in vitro diagnostic product de- insurance coverage offered by a health insur- to section 319 as a result of confirmed cases scribed in section 1905(a)(3)(B) that is admin- ance issuer (as such terms are defined in sec- of 2019 Novel Coronavirus (2019-nCoV). ’. istered during any portion of the emergency tion 2791 of the Public Health Service Act), ‘‘SEC. 6006. APPLICATION WITH RESPECT TO period described in such section beginning on or a health plan offered under chapter 89 of TRICARE, COVERAGE FOR VET- or after the date of the enactment of this title 5, United States Code.’. ERANS, AND COVERAGE FOR FED- subparagraph (and the administration of ‘‘(D) FEDERAL MEDICAL ASSISTANCE PER- ERAL CIVILIANS. such product), or CENTAGE.—Section 1905(b) of the Social Secu- ‘‘(a) TRICARE.—The Secretary of Defense ‘‘ ‘(G) COVID–19 testing-related services for rity Act (42 U.S.C. 1396d(b)) is amended by may not require any copayment or other which payment may be made under the State adding at the end the following new sen- cost sharing under chapter 55 of title 10, plan; and’. tence: ‘Notwithstanding the first sentence of United States Code, for in vitro diagnostic ‘‘(B) APPLICATION TO ALTERNATIVE COST this subsection, the Federal medical assist- products described in paragraph (1) of section SHARING.—Section 1916A(b)(3)(B) of the So- ance percentage shall be 100 per centum with 6001(a) (or the administration of such prod- cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) respect to (and, notwithstanding any other ucts) or visits described in paragraph (2) of is amended by adding at the end the fol- provision of this title, available for) medical such section furnished during any portion of lowing new clause: assistance provided to uninsured individuals the emergency period defined in paragraph

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE H1704 CONGRESSIONAL RECORD — HOUSE March 16, 2020 (1)(B) of section 1135(g) of the Social Secu- waiver under such title or section 1115 of ‘‘(iii) by adding at the end the following rity Act (42 U.S.C. 1320b–5(g)) beginning on or such Act (42 U.S.C. 1315)) are more restric- new clause: after the date of the enactment of this Act. tive during such quarter than the eligibility ‘‘ ‘(iii) for fiscal year 2021, $85,550,000.’; and ‘‘(b) VETERANS.—The Secretary of Veterans standards, methodologies, or procedures, re- ‘‘(2) in paragraph (6)(A)— Affairs may not require any copayment or spectively, under such plan (or waiver) as in ‘‘(A) in clause (i), by striking ‘$2,623,188,000’ other cost sharing under chapter 17 of title effect on January 1, 2020; and inserting ‘$2,716,188,000’; and 38, United States Code, for in vitro diag- ‘‘(2) the amount of any premium imposed ‘‘(B) in clause (ii), by striking nostic products described in paragraph (1) of by the State pursuant to section 1916 or ‘$2,719,072,000’ and inserting ‘$2,809,063,000’. section 6001(a) (or the administration of such 1916A of such Act (42 U.S.C. 1396o, 1396o–1) ‘‘SEC. 6010. CLARIFICATION RELATING TO SECRE- products) or visits described in paragraph (2) during such quarter, with respect to an indi- TARIAL AUTHORITY REGARDING of such section furnished during any portion vidual enrolled under such plan (or waiver), MEDICARE TELEHEALTH SERVICES of the emergency period defined in paragraph exceeds the amount of such premium as of FURNISHED DURING COVID–19 (1)(B) of section 1135(g) of the Social Secu- January 1, 2020; EMERGENCY PERIOD. rity Act (42 U.S.C. 1320b–5(g)) beginning on or ‘‘(3) the State fails to provide that an indi- ‘‘Paragraph (3)(A) of section 1135(g) of the after the date of the enactment of this Act. vidual who is enrolled for benefits under Social Security Act (42 U.S.C. 1320b–5(g)) is ‘‘(c) FEDERAL CIVILIANS.—No copayment or such plan (or waiver) as of the date of enact- amended to read as follows: other cost sharing may be required for any ment of this section or enrolls for benefits ‘‘ ‘(A) furnished to such individual, during individual occupying a position in the civil under such plan (or waiver) during the period the 3-year period ending on the date such service (as that term is defined in section beginning on such date of enactment and telehealth service was furnished, an item or 2101(1) of title 5, United States Code) enrolled ending the last day of the month in which service that would be considered covered in a health benefits plan, including any plan the emergency period described in subsection under title XVIII if furnished to an indi- under chapter 89 of title 5, United States (a) ends shall be treated as eligible for such vidual entitled to benefits or enrolled under Code, or for any other individual currently benefits through the end of the month in such title; or’.’’. enrolled in any plan under chapter 89 of title which such emergency period ends unless the (5) Amend division G to read as follows: 5 for in vitro diagnostic products described individual requests a voluntary termination ‘‘DIVISION G—TAX CREDITS FOR PAID in paragraph (1) of section 6001(a) (or the ad- of eligibility or the individual ceases to be a SICK AND PAID FAMILY AND MEDICAL ministration of such products) or visits de- resident of the State; or LEAVE scribed in paragraph (2) of such section fur- ‘‘(4) the State does not provide coverage nished during any portion of the emergency under such plan (or waiver), without the im- ‘‘SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE. period defined in paragraph (1)(B) of section position of cost sharing, during such quarter ‘‘(a) IN GENERAL.—In the case of an em- 1135(g) of the Social Security Act (42 U.S.C. for any testing services and treatments for ployer, there shall be allowed as a credit 1320b–5(g)) beginning on or after the date of COVID–19, including vaccines, specialized against the tax imposed by section 3111(a) or the enactment of this Act. equipment, and therapies. 3221(a) of the Internal Revenue Code of 1986 ‘‘(c) REQUIREMENT FOR CERTAIN STATES.— ‘‘SEC. 6007. COVERAGE OF TESTING FOR COVID– for each calendar quarter an amount equal 19 AT NO COST SHARING FOR INDI- Section 1905(cc) of the Social Security Act ANS RECEIVING PURCHASED/RE- (42 U.S.C. 1396d(cc)) is amended by striking to 100 percent of the qualified sick leave FERRED CARE. the period at the end of the subsection and wages paid by such employer with respect to ‘‘The Secretary of Health and Human Serv- inserting ‘and section 6008 of the Families such calendar quarter. ices shall cover, without the imposition of First Coronavirus Response Act, except that ‘‘(b) LIMITATIONS AND REFUNDABILITY.— any cost sharing requirements, the cost of in applying such treatments to the increases ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The providing any COVID–19 related items and in the Federal medical assistance percentage amount of qualified sick leave wages taken services as described in paragraph (1) of sec- under section 6008 of the Families First into account under subsection (a) with re- tion 6001(a) (or the administration of such Coronavirus Response Act, the reference to spect to any individual shall not exceed $200 products) or visits described in paragraph (2) ‘‘December 31, 2009’’ shall be deemed to be a ($511 in the case of any day any portion of of such section furnished during any portion reference to ‘‘March 11, 2020’’.’. which is paid sick time described in para- of the emergency period defined in paragraph ‘‘SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS graph (1), (2), or (3) of section 5102(a) of the (1)(B) of section 1135(g) of the Social Secu- FOR TERRITORIES. Emergency Paid Sick Leave Act) for any day rity Act (42 U.S.C. 320b–5(g)) beginning on or ‘‘Section 1108(g) of the Social Security Act (or portion thereof) for which the individual after the date of the enactment of this Act (42 U.S.C. 1308(g)) is amended— is paid qualified sick leave wages. to Indians (as defined in section 4 of the In- ‘‘(1) in paragraph (2)— ‘‘(2) OVERALL LIMITATION ON NUMBER OF dian Health Care Improvement Act (25 U.S.C. ‘‘(A) in subparagraph (B)— DAYS TAKEN INTO ACCOUNT.—The aggregate 1603)) receiving health services through the ‘‘(i) in clause (i), by striking ‘and’ at the number of days taken into account under Indian Health Service, including through an end; paragraph (1) for any calendar quarter shall Urban Indian Organization, regardless of ‘‘(ii) in clause (ii), by striking ‘for each of not exceed the excess (if any) of— whether such items or services have been au- fiscal years 2020 through 2021, $126,000,000;’ ‘‘(A) 10, over thorized under the purchased/referred care and inserting ‘for fiscal year 2020, ‘‘(B) the aggregate number of days so system funded by the Indian Health Service $128,712,500; and’; and taken into account for all preceding calendar or is covered as a health service of the Indian ‘‘(iii) by adding at the end the following quarters. Health Service. new clause: ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOY- ‘‘SEC. 6008. TEMPORARY INCREASE OF MEDICAID ‘‘ ‘(iii) for fiscal year 2021, $127,937,500;’; MENT TAXES.—The credit allowed by sub- FMAP. ‘‘(B) in subparagraph (C)— section (a) with respect to any calendar ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(i) in clause (i), by striking ‘and’ at the quarter shall not exceed the tax imposed by (b), for each calendar quarter occurring dur- end; section 3111(a) or 3221(a) of such Code for ing the period beginning on the first day of ‘‘(ii) in clause (ii), by striking ‘for each of such calendar quarter (reduced by any cred- the emergency period defined in paragraph fiscal years 2020 through 2021, $127,000,000;’ its allowed under subsections (e) and (f) of (1)(B) of section 1135(g) of the Social Secu- and inserting ‘for fiscal year 2020, section 3111 of such Code for such quarter) on rity Act (42 U.S.C. 1320b–5(g)) and ending on $130,875,000; and’; and the wages paid with respect to the employ- the last day of the calendar quarter in which ‘‘(iii) by adding at the end the following ment of all employees of the employer. the last day of such emergency period oc- new clause: ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.— curs, the Federal medical assistance percent- ‘‘ ‘(iii) for fiscal year 2021, $129,712,500;’; ‘‘(A) IN GENERAL.—If the amount of the age determined for each State, including the ‘‘(C) in subparagraph (D)— credit under subsection (a) exceeds the limi- District of Columbia, American Samoa, ‘‘(i) in clause (i), by striking ‘and’ at the tation of paragraph (3) for any calendar Guam, the Commonwealth of the Northern end; quarter, such excess shall be treated as an Mariana Islands, Puerto Rico, and the ‘‘(ii) in clause (ii), by striking ‘for each of overpayment that shall be refunded under United States Virgin Islands, under section fiscal years 2020 through 2021, $60,000,000; and’ sections 6402(a) and 6413(b) of such Code. 1905(b) of the Social Security Act (42 U.S.C. and inserting ‘for fiscal year 2020, $63,100,000; ‘‘(B) TREATMENT OF PAYMENTS.—For pur- 1396d(b)) shall be increased by 6.2 percentage and’; and poses of section 1324 of title 31, United States points. ‘‘(iii) by adding at the end the following Code, any amounts due to an employer under ‘‘(b) REQUIREMENT FOR ALL STATES.—A new clause: this paragraph shall be treated in the same State described in subsection (a) may not re- ‘‘ ‘(iii) for fiscal year 2021, $62,325,000; and’; manner as a refund due from a credit provi- ceive the increase described in such sub- and sion referred to in subsection (b)(2) of such section in the Federal medical assistance ‘‘(D) in subparagraph (E)— section. percentage for such State, with respect to a ‘‘(i) in clause (i), by striking ‘and’ at the ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For quarter, if— end; purposes of this section, the term ‘qualified ‘‘(1) eligibility standards, methodologies, ‘‘(ii) in clause (ii), by striking ‘for each of sick leave wages’ means wages (as defined in or procedures under the State plan of such fiscal years 2020 through 2021, $84,000,000.’ and section 3121(a) of the Internal Revenue Code State under title XIX of the Social Security inserting ‘for fiscal year 2020, $86,325,000; of 1986) and compensation (as defined in sec- Act (42 U.S.C. 1396 et seq.) (including any and’; and tion 3231(e) of the Internal Revenue Code)

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paid by an employer which are required to be ‘‘(g) APPLICATION OF SECTION.—This section ‘‘(d) SPECIAL RULES.— paid by reason of the Emergency Paid Sick shall apply only to wages paid with respect ‘‘(1) CREDIT REFUNDABLE.— Leave Act. to the period beginning on a date selected by ‘‘(A) IN GENERAL.—The credit determined ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN the Secretary of the Treasury (or the Sec- under this section shall be treated as a credit HEALTH PLAN EXPENSES.— retary’s delegate) which is during the 15-day allowed to the taxpayer under subpart C of ‘‘(1) IN GENERAL.—The amount of the credit period beginning on the date of the enact- part IV of subchapter A of chapter 1 of such allowed under subsection (a) shall be in- ment of this Act, and ending on December 31, Code. creased by so much of the employer’s quali- 2020. ‘‘(B) TREATMENT OF PAYMENTS.—For pur- fied health plan expenses as are properly al- ‘‘(h) TRANSFERS TO FEDERAL OLD-AGE AND poses of section 1324 of title 31, United States locable to the qualified sick leave wages for SURVIVORS INSURANCE TRUST FUND.—There Code, any refund due from the credit deter- which such credit is so allowed. are hereby appropriated to the Federal Old- mined under this section shall be treated in ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— Age and Survivors Insurance Trust Fund and the same manner as a refund due from a For purposes of this subsection, the term the Federal Disability Insurance Trust Fund credit provision referred to in subsection ‘qualified health plan expenses’ means established under section 201 of the Social (b)(2) of such section. amounts paid or incurred by the employer to Security Act (42 U.S.C. 401) and the Social ‘‘(2) DOCUMENTATION.—No credit shall be provide and maintain a group health plan (as Security Equivalent Benefit Account estab- allowed under this section unless the indi- defined in section 5000(b)(1) of the Internal lished under section 15A(a) of the Railroad vidual maintains such documentation as the Revenue Code of 1986), but only to the extent Retirement Act of 1974 (45 U.S.C. 231n–1(a)) Secretary of the Treasury (or the Secretary’s that such amounts are excluded from the amounts equal to the reduction in revenues delegate) may prescribe to establish such in- gross income of employees by reason of sec- to the Treasury by reason of this section dividual as an eligible self-employed indi- tion 106(a) of such Code. (without regard to this subsection). Amounts vidual. ‘‘(3) ALLOCATION RULES.—For purposes of appropriated by the preceding sentence shall ‘‘(3) DENIAL OF DOUBLE BENEFIT.—In the this section, qualified health plan expenses be transferred from the general fund at such case of an individual who receives wages (as shall be allocated to qualified sick leave times and in such manner as to replicate to defined in section 3121(a) of the Internal Rev- wages in such manner as the Secretary of the extent possible the transfers which enue Code of 1986) or compensation (as de- the Treasury (or the Secretary’s delegate) would have occurred to such Trust Fund or fined in section 3231(e) of the Internal Rev- may prescribe. Except as otherwise provided Account had this section not been enacted. enue Code) paid by an employer which are re- by the Secretary, such allocation shall be ‘‘SEC. 7002. CREDIT FOR SICK LEAVE FOR CER- quired to be paid by reason of the Emergency treated as properly made if made on the TAIN SELF-EMPLOYED INDIVIDUALS. Paid Sick Leave Act, the qualified sick leave ‘‘(a) CREDIT AGAINST SELF-EMPLOYMENT basis of being pro rata among covered em- equivalent amount otherwise determined TAX.—In the case of an eligible self-employees and pro rata on the basis of periods under subsection (c) shall be reduced (but ployed individual, there shall be allowed as a of coverage (relative to the time periods of not below zero) to the extent that the sum of credit against the tax imposed by subtitle A leave to which such wages relate). the amount described in such subsection and ‘‘(e) SPECIAL RULES.— of the Internal Revenue Code of 1986 for any taxable year an amount equal to the quali- in section 7001(b)(1) exceeds $2,000 ($5,110 in ‘‘(1) DENIAL OF DOUBLE BENEFIT.—For pur- fied sick leave equivalent amount with re- the case of any day any portion of which is poses of chapter 1 of such Code, the gross in- paid sick time described in paragraph (1), (2), come of the employer, for the taxable year spect to the individual. ‘‘(b) ELIGIBLE SELF-EMPLOYED INDI- or (3) of section 5102(a) of the Emergency which includes the last day of any calendar VIDUAL.—For purposes of this section, the Paid Sick Leave Act). quarter with respect to which a credit is al- term ‘eligible self-employed individual’ ‘‘(4) CERTAIN TERMS.—Any term used in lowed under this section, shall be increased means an individual who— this section which is also used in chapter 2 of by the amount of such credit. Any wages ‘‘(1) regularly carries on any trade or busi- the Internal Revenue Code of 1986 shall have taken into account in determining the credit ness within the meaning of section 1402 of the same meaning as when used in such allowed under this section shall not be taken such Code, and chapter. into account for purposes of determining the ‘‘(2) would be entitled to receive paid leave ‘‘(e) APPLICATION OF SECTION.—Only days credit allowed under section 45S of such during the taxable year pursuant to the occurring during the period beginning on a Code. Emergency Paid Sick Leave Act if the indi- date selected by the Secretary of the Treas- ‘‘(2) ELECTION NOT TO HAVE SECTION vidual were an employee of an employer ury (or the Secretary’s delegate) which is APPLY.—This section shall not apply with re- (other than himself or herself). during the 15-day period beginning on the spect to any employer for any calendar quar- ‘‘(c) QUALIFIED SICK LEAVE EQUIVALENT date of the enactment of this Act, and end- ter if such employer elects (at such time and AMOUNT.—For purposes of this section— ing on December 31, 2020, may be taken into in such manner as the Secretary of the ‘‘(1) IN GENERAL.—The term ‘qualified sick account under subsection (c)(1)(A). Treasury (or the Secretary’s delegate) may leave equivalent amount’ means, with re- ‘‘(f) APPLICATION OF CREDIT IN CERTAIN prescribe) not to have this section apply. spect to any eligible self-employed indi- POSSESSIONS.— ‘‘(3) CERTAIN TERMS.—Any term used in vidual, an amount equal to— ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR this section which is also used in chapter 21 ‘‘(A) the number of days during the taxable CODE TAX SYSTEMS.—The Secretary of the of such Code shall have the same meaning as year (but not more than the applicable num- Treasury (or the Secretary’s delegate) shall when used in such chapter. ber of days) that the individual is unable to pay to each possession of the United States ‘‘(4) CERTAIN GOVERNMENTAL EMPLOYERS.— perform services in any trade or business re- which has a mirror code tax system amounts This credit shall not apply to the Govern- ferred to in section 1402 of such Code for a equal to the loss (if any) to that possession ment of the United States, the government reason with respect to which such individual by reason of the application of the provisions of any State or political subdivision thereof, would be entitled to receive sick leave as de- of this section. Such amounts shall be deter- or any agency or instrumentality of any of scribed in subsection (b), multiplied by mined by the Secretary of the Treasury (or the foregoing. ‘‘(B) the lesser of— the Secretary’s delegate) based on informa- ‘‘(f) REGULATIONS.—The Secretary of the ‘‘(i) $200 ($511 in the case of any day of paid tion provided by the government of the re- Treasury (or the Secretary’s delegate) shall sick time described in paragraph (1), (2), or spective possession. prescribe such regulations or other guidance (3) of section 5102(a) of the Emergency Paid ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The as may be necessary to carry out the pur- Sick Leave Act), or Secretary of the Treasury (or the Secretary’s poses of this section, including— ‘‘(ii) 67 percent (100 percent in the case of delegate) shall pay to each possession of the ‘‘(1) regulations or other guidance to pre- any day of paid sick time described in para- United States which does not have a mirror vent the avoidance of the purposes of the graph (1), (2), or (3) of section 5102(a) of the code tax system amounts estimated by the limitations under this section, Emergency Paid Sick Leave Act) of the aver- Secretary of the Treasury (or the Secretary’s ‘‘(2) regulations or other guidance to mini- age daily self-employment income of the in- delegate) as being equal to the aggregate mize compliance and record-keeping burdens dividual for the taxable year. benefits (if any) that would have been pro- under this section, ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- vided to residents of such possession by rea- ‘‘(3) regulations or other guidance pro- COME.—For purposes of this subsection, the son of the provisions of this section if a mir- viding for waiver of penalties for failure to term ‘average daily self-employment income’ ror code tax system had been in effect in deposit amounts in anticipation of the allow- means an amount equal to— such possession. The preceding sentence ance of the credit allowed under this section, ‘‘(A) the net earnings from self-employ- shall not apply unless the respective posses- ‘‘(4) regulations or other guidance for re- ment of the individual for the taxable year, sion has a plan, which has been approved by capturing the benefit of credits determined divided by the Secretary of the Treasury (or the Sec- under this section in cases where there is a ‘‘(B) 260. retary’s delegate), under which such posses- subsequent adjustment to the credit deter- ‘‘(3) APPLICABLE NUMBER OF DAYS.—For sion will promptly distribute such payments mined under subsection (a), and purposes of this subsection, the term ‘appli- to its residents. ‘‘(5) regulations or other guidance to en- cable number of days’ means, with respect to ‘‘(3) MIRROR CODE TAX SYSTEM.—For pur- sure that the wages taken into account any taxable year, the excess (if any) of 10 poses of this section, the term ‘mirror code under this section conform with the paid days over the number of days taken into ac- tax system’ means, with respect to any pos- sick time required to be provided under the count under paragraph (1)(A) in all preceding session of the United States, the income tax Emergency Paid Sick Leave Act. taxable years. system of such possession if the income tax

VerDate Sep 11 2014 02:10 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE H1706 CONGRESSIONAL RECORD — HOUSE March 16, 2020 liability of the residents of such possession shall be allocated to qualified family leave appropriated by the preceding sentence shall under such system is determined by ref- wages in such manner as the Secretary of be transferred from the general fund at such erence to the income tax laws of the United the Treasury (or the Secretary’s delegate) times and in such manner as to replicate to States as if such possession were the United may prescribe. Except as otherwise provided the extent possible the transfers which States. by the Secretary, such allocation shall be would have occurred to such Trust Fund or ‘‘(4) TREATMENT OF PAYMENTS.—For pur- treated as properly made if made on the Account had this section not been enacted. poses of section 1324 of title 31, United States basis of being pro rata among covered em- ‘‘SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CER- Code, the payments under this section shall ployees and pro rata on the basis of periods TAIN SELF-EMPLOYED INDIVIDUALS. be treated in the same manner as a refund of coverage (relative to the time periods of ‘‘(a) CREDIT AGAINST SELF-EMPLOYMENT due from a credit provision referred to in leave to which such wages relate). TAX.—In the case of an eligible self-em- subsection (b)(2) of such section. ‘‘(e) SPECIAL RULES.— ployed individual, there shall be allowed as a ‘‘(g) REGULATIONS.—The Secretary of the ‘‘(1) DENIAL OF DOUBLE BENEFIT.—For pur- credit against the tax imposed by subtitle A Treasury (or the Secretary’s delegate) shall poses of chapter 1 of such Code, the gross in- of the Internal Revenue Code of 1986 for any prescribe such regulations or other guidance come of the employer, for the taxable year taxable year an amount equal to 100 percent as may be necessary to carry out the pur- which includes the last day of any calendar of the qualified family leave equivalent poses of this section, including— quarter with respect to which a credit is al- amount with respect to the individual. ‘‘(1) regulations or other guidance to effec- lowed under this section, shall be increased ‘‘(b) ELIGIBLE SELF-EMPLOYED INDI- tuate the purposes of this Act, and by the amount of such credit. Any wages VIDUAL.—For purposes of this section, the ‘‘(2) regulations or other guidance to mini- taken into account in determining the credit term ‘eligible self-employed individual’ means an individual who— mize compliance and record-keeping burdens allowed under this section shall not be taken ‘‘(1) regularly carries on any trade or busi- under this section. into account for purposes of determining the ness within the meaning of section 1402 of ‘‘SEC. 7003. PAYROLL CREDIT FOR REQUIRED credit allowed under section 45S of such such Code, and PAID FAMILY LEAVE. Code. ‘‘(a) IN GENERAL.—In the case of an em- ‘‘(2) would be entitled to receive paid leave ‘‘(2) ELECTION NOT TO HAVE SECTION ployer, there shall be allowed as a credit during the taxable year pursuant to the APPLY.—This section shall not apply with re- against the tax imposed by section 3111(a) or spect to any employer for any calendar quar- Emergency Family and Medical Leave Ex- 3221(a) of the Internal Revenue Code of 1986 ter if such employer elects (at such time and pansion Act if the individual were an em- for each calendar quarter an amount equal in such manner as the Secretary of the ployee of an employer (other than himself or to 100 percent of the qualified family leave Treasury (or the Secretary’s delegate) may herself). wages paid by such employer with respect to ‘‘(c) QUALIFIED FAMILY LEAVE EQUIVALENT prescribe) not to have this section apply. such calendar quarter. AMOUNT.—For purposes of this section— ‘‘(3) CERTAIN TERMS.—Any term used in ‘‘(b) LIMITATIONS AND REFUNDABILITY.— ‘‘(1) IN GENERAL.—The term ‘qualified fam- this section which is also used in chapter 21 ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The ily leave equivalent amount’ means, with re- of such Code shall have the same meaning as amount of qualified family leave wages spect to any eligible self-employed indi- when used in such chapter. taken into account under subsection (a) with vidual, an amount equal to the product of— ‘‘(4) CERTAIN GOVERNMENTAL EMPLOYERS.— respect to any individual shall not exceed— ‘‘(A) the number of days (not to exceed 50) This credit shall not apply to the Govern- ‘‘(A) for any day (or portion thereof) for during the taxable year that the individual ment of the United States, the government which the individual is paid qualified family is unable to perform services in any trade or of any State or political subdivision thereof, leave wages, $200, and business referred to in section 1402 of such or any agency or instrumentality of any of ‘‘(B) in the aggregate with respect to all Code for a reason with respect to which such the foregoing. calendar quarters, $10,000. individual would be entitled to receive paid ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOY- ‘‘(f) REGULATIONS.—The Secretary of the Treasury (or the Secretary’s delegate) shall leave as described in subsection (b), multi- MENT TAXES.—The credit allowed by sub- plied by section (a) with respect to any calendar prescribe such regulations or other guidance as may be necessary to carry out the pur- ‘‘(B) the lesser of— quarter shall not exceed the tax imposed by ‘‘(i) 67 percent of the average daily self-em- section 3111(a) or 3221(a) of such Code for poses of this section, including— ‘‘(1) regulations or other guidance to pre- ployment income of the individual for the such calendar quarter (reduced by any cred- taxable year, or its allowed under subsections (e) and (f) of vent the avoidance of the purposes of the limitations under this section, ‘‘(ii) $200. section 3111 of such Code, and section 7001 of ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- this Act, for such quarter) on the wages paid ‘‘(2) regulations or other guidance to mini- mize compliance and record-keeping burdens COME.—For purposes of this subsection, the with respect to the employment of all em- term ‘average daily self-employment income’ ployees of the employer. under this section, ‘‘(3) regulations or other guidance pro- means an amount equal to— ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If ‘‘(A) the net earnings from self-employ- the amount of the credit under subsection (a) viding for waiver of penalties for failure to deposit amounts in anticipation of the allow- ment income of the individual for the tax- exceeds the limitation of paragraph (2) for able year, divided by any calendar quarter, such excess shall be ance of the credit allowed under this section, ‘‘(4) regulations or other guidance for re- ‘‘(B) 260. treated as an overpayment that shall be re- ‘‘(d) SPECIAL RULES.— capturing the benefit of credits determined funded under sections 6402(a) and 6413(b) of ‘‘(1) CREDIT REFUNDABLE.— under this section in cases where there is a such Code. ‘‘(A) IN GENERAL.—The credit determined UALIFIED FAMILY LEAVE WAGES.—For subsequent adjustment to the credit deter- ‘‘(c) Q under this section shall be treated as a credit purposes of this section, the term ‘qualified mined under subsection (a), and allowed to the taxpayer under subpart C of family leave wages’ means wages (as defined ‘‘(5) regulations or other guidance to en- part IV of subchapter A of chapter 1 of such in section 3121(a) of such Code) and com- sure that the wages taken into account Code. pensation (as defined in section 3231(e) of the under this section conform with the paid ‘‘(B) TREATMENT OF PAYMENTS.—For pur- Internal Revenue Code) paid by an employer leave required to be provided under the poses of section 1324 of title 31, United States which are required to be paid by reason of Emergency Family and Medical Leave Ex- Code, any refund due from the credit deter- the Emergency Family and Medical Leave pansion Act (including the amendments mined under this section shall be treated in Expansion Act (including the amendments made by such Act). made by such Act). ‘‘(g) APPLICATION OF SECTION.—This section the same manner as a refund due from a ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN shall apply only to wages paid with respect credit provision referred to in subsection HEALTH PLAN EXPENSES.— to the period beginning on a date selected by (b)(2) of such section. ‘‘(1) IN GENERAL.—The amount of the credit the Secretary of the Treasury (or the Sec- ‘‘(2) DOCUMENTATION.—No credit shall be allowed under subsection (a) shall be in- retary’s delegate) which is during the 15-day allowed under this section unless the indi- creased by so much of the employer’s quali- period beginning on the date of the enact- vidual maintains such documentation as the fied health plan expenses as are properly al- ment of this Act, and ending on December 31, Secretary of the Treasury (or the Secretary’s locable to the qualified family leave wages 2020. delegate) may prescribe to establish such in- for which such credit is so allowed. ‘‘(h) TRANSFERS TO FEDERAL OLD-AGE AND dividual as an eligible self-employed indi- ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— SURVIVORS INSURANCE TRUST FUND.—There vidual. For purposes of this subsection, the term are hereby appropriated to the Federal Old- ‘‘(3) DENIAL OF DOUBLE BENEFIT.—In the ‘qualified health plan expenses’ means Age and Survivors Insurance Trust Fund and case of an individual who receives wages (as amounts paid or incurred by the employer to the Federal Disability Insurance Trust Fund defined in section 3121(a) of the Internal Rev- provide and maintain a group health plan (as established under section 201 of the Social enue Code of 1986) or compensation (as de- defined in section 5000(b)(1) of the Internal Security Act (42 U.S.C. 401) and the Social fined in section 3231(e) of the Internal Rev- Revenue Code of 1986), but only to the extent Security Equivalent Benefit Account estab- enue Code) paid by an employer which are re- that such amounts are excluded from the lished under section 15A(a) of the Railroad quired to be paid by reason of the Emergency gross income of employees by reason of sec- Retirement Act of 1974 (45 U.S.C. 231n–1(a)) Family and Medical Leave Expansion Act, tion 106(a) of such Code. amounts equal to the reduction in revenues the qualified family leave equivalent amount ‘‘(3) ALLOCATION RULES.—For purposes of to the Treasury by reason of this section otherwise described in subsection (c) shall be this section, qualified health plan expenses (without regard to this subsection). Amounts reduced (but not below zero) to the extent

VerDate Sep 11 2014 04:22 Mar 17, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE March 16, 2020 CONGRESSIONAL RECORD — HOUSE H1707 that the sum of the amount described in 3111(a) of the Internal Revenue Code of 1986 of the Rules of the U.S. House of Representa- such subsection and in section 7003(b)(1) ex- or compensation for purposes of section tives, the Clerk received the following mes- ceeds $10,000. 3221(a) of such Code. sage from the Secretary of the Senate on ‘‘(4) CERTAIN TERMS.—Any term used in ‘‘(b) ALLOWANCE OF CREDIT FOR HOSPITAL March 16, 2020, at 3:00 p.m.: this section which is also used in chapter 2 of INSURANCE TAXES.— That the Senate passed with an amend- the Internal Revenue Code of 1986 shall have ‘‘(1) IN GENERAL.—The credit allowed by ment H.R. 4920. the same meaning as when used in such section 7001 and the credit allowed by section That the Senate agreed to without amend- chapter. 7003 shall each be increased by the amount of ment H. Con. Res. 87. ‘‘(5) REFERENCES TO EMERGENCY FAMILY AND the tax imposed by section 3111(b) of the In- With best wishes, I am, MEDICAL LEAVE EXPANSION ACT.—Any ref- ternal Revenue Code of 1986 on qualified sick Sincerely, erence in this section to the Emergency leave wages, or qualified family leave wages, CHERYL L. JOHNSON. Family and Medical Leave Expansion Act for which credit is allowed under such sec- shall be treated as including a reference to tion 7001 or 7003 (respectively). f ‘‘(2) DENIAL OF DOUBLE BENEFIT.—For de- the amendments made by such Act. COMMUNICATION FROM THE ‘‘(e) APPLICATION OF SECTION.—Only days nial of double benefit with respect to the occurring during the period beginning on a credit increase under paragraph (1), see sec- CLERK OF THE HOUSE date selected by the Secretary of the Treas- tions 7001(e)(1) and 7003(e)(1). The SPEAKER pro tempore laid be- ‘‘(c) TRANSFERS TO FEDERAL OLD-AGE AND ury (or the Secretary’s delegate) which is fore the House the following commu- during the 15-day period beginning on the SURVIVORS INSURANCE TRUST FUND.—There date of the enactment of this Act, and end- are hereby appropriated to the Federal Old- nication from the Clerk of the House of ing on December 31, 2020, may be taken into Age and Survivors Insurance Trust Fund and Representatives: account under subsection (c)(1)(A). the Federal Disability Insurance Trust Fund OFFICE OF THE CLERK, ‘‘(f) APPLICATION OF CREDIT IN CERTAIN established under section 201 of the Social HOUSE OF REPRESENTATIVES, POSSESSIONS.— Security Act (42 U.S.C. 401) and the Social Washington, DC, March 16, 2020. ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR Security Equivalent Benefit Account estab- Hon. NANCY PELOSI, CODE TAX SYSTEMS.—The Secretary of the lished under section 15A(a) of the Railroad Speaker, House of Representatives, Treasury (or the Secretary’s delegate) shall Retirement Act of 1974 (45 U.S.C. 231n–1(a)) Washington, DC. pay to each possession of the United States amounts equal to the reduction in revenues DEAR MADAM SPEAKER: Pursuant to the which has a mirror code tax system amounts to the Treasury by reason of this section permission granted in Clause 2(h) of Rule II equal to the loss (if any) to that possession (without regard to this subsection). Amounts of the Rules of the U.S. House of Representa- by reason of the application of the provisions appropriated by the preceding sentence shall tives, the Clerk received the following mes- of this section. Such amounts shall be deter- be transferred from the general fund at such sage from the Secretary of the Senate on times and in such manner as to replicate to mined by the Secretary of the Treasury (or March 16, 2020, at 6:24 p.m.: the extent possible the transfers which the Secretary’s delegate) based on informa- That the Senate passed S. 3501. would have occurred to such Trust Fund or tion provided by the government of the re- With best wishes, I am, Account had this section not been enacted.’’. spective possession. Sincerely, ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The The resolution was agreed to. CHERYL L. JOHNSON. Secretary of the Treasury (or the Secretary’s A motion to reconsider was laid on delegate) shall pay to each possession of the the table. f United States which does not have a mirror f code tax system amounts estimated by the ADJOURNMENT Secretary of the Treasury (or the Secretary’s COMMUNICATION FROM FINANCIAL The SPEAKER pro tempore. Pursu- delegate) as being equal to the aggregate ADMINISTRATOR, THE HONOR- ant to section 7(b) of House Resolution benefits (if any) that would have been pro- ABLE HENRY CUELLAR, MEMBER 891, the House stands adjourned until 9 vided to residents of such possession by rea- OF CONGRESS a.m. on Thursday, March 19, 2020. son of the provisions of this section if a mirror code tax system had been in effect in The SPEAKER pro tempore laid be- Thereupon (at 8 o’clock and 12 min- such possession. The preceding sentence fore the House the following commu- utes p.m.), under its previous order, the shall not apply unless the respective posses- nication from Dean Lester, Financial House adjourned until Thursday, sion has a plan, which has been approved by Administrator, the Honorable HENRY March 19, 2020, at 9 a.m. the Secretary of the Treasury (or the Sec- CUELLAR, Member of Congress. f retary’s delegate), under which such posses- CONGRESS OF THE UNITED STATES, sion will promptly distribute such payments Washington, DC, March 11, 2020. PUBLIC BILLS AND RESOLUTIONS to its residents. Hon. NANCY PELOSI, ‘‘(3) MIRROR CODE TAX SYSTEM.—For pur- Speaker, House of Representatives, Under clause 2 of rule XII, poses of this section, the term ‘mirror code Washington, DC. Mr. NEAL introduced a resolution (H. Res. tax system’ means, with respect to any pos- DEAR MADAM SPEAKER: This is to notify 904) directing the Clerk of the House of Rep- session of the United States, the income tax you formally, pursuant to Rule VIII of the resentatives to make corrections in the en- system of such possession if the income tax Rules of the House of Representatives, that grossment of H.R. 6201; to the Committee on liability of the residents of such possession I, Dean Lester, have been served with a sub- Appropriations, and in addition to the Com- under such system is determined by ref- poena for testimony issued by the U.S. Dis- mittee on House Administration, for a period erence to the income tax laws of the United trict Court for the District of Columbia. to be subsequently determined by the Speak- States as if such possession were the United After consultation with the Office of House er, in each case for consideration of such pro- States. Employment Counsel, I have determined visions as fall within the jurisdiction of the ‘‘(4) TREATMENT OF PAYMENTS.—For pur- that compliance with the subpoena is con- committee concerned; which was considered poses of section 1324 of title 31, United States sistent with the privileges and rights of the and agreed to. Code, the payments under this section shall House. be treated in the same manner as a refund Sincerely, f due from a credit provision referred to in DEAN LESTER, subsection (b)(2) of such section. Financial Administrator, ADDITIONAL SPONSORS ‘‘(e) REGULATIONS.—The Secretary of the Office of Rep. Henry Cuellar. Under clause 7 of rule XII, sponsors Treasury (or the Secretary’s delegate) shall f were added to public bills and resolu- prescribe such regulations or other guidance as may be necessary to carry out the pur- COMMUNICATION FROM THE tions, as follows: poses of this section, including— CLERK OF THE HOUSE H.R. 303: Mr. RYAN. H.R. 5216: Ms. OCASIO-CORTEZ. ‘‘(1) regulations or other guidance to pre- The SPEAKER pro tempore laid be- H.R. 5259: Mr. GOODEN. vent the avoidance of the purposes of this fore the House the following commu- Act, and H.R. 5859: Mr. CARTER of Georgia, Mr. ‘‘(2) regulations or other guidance to mini- nication from the Clerk of the House of GIANFORTE, and Mr. GRIFFITH. mize compliance and record-keeping burdens Representatives: H.R. 5920: Mr. LEVIN of California. under this section. OFFICE OF THE CLERK, H.R. 5955: Mr. THOMPSON of Mississippi. ‘‘SEC. 7005. SPECIAL RULE RELATED TO TAX ON HOUSE OF REPRESENTATIVES, H.R. 5995: Mr. ROUZER, Mr. NEGUSE, and EMPLOYERS. Washington, DC, March 16, 2020. Ms. BLUNT ROCHESTER. ‘‘(a) IN GENERAL.—Any wages required to Hon. NANCY PELOSI, H.R. 6203: Mrs. DAVIS of California, Mr. be paid by reason of the Emergency Paid Speaker, House of Representatives, THOMPSON of Mississippi, Mr. WALBERG, Ms. Sick Leave Act and the Emergency Family Washington, DC. STEVENS, Mrs. MCBATH, Mr. SMITH of Wash- and Medical Leave Expansion Act shall not DEAR MADAM SPEAKER: Pursuant to the ington, Mr. LOWENTHAL, and Mr. WRIGHT. be considered wages for purposes of section permission granted in Clause 2(h) of Rule II H.R. 6215: Ms. MATSUI.

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H.R. 6268: Ms. JUDY CHU of California and H.R. 6275: Ms. JAYAPAL, Ms. WILSON of TAKANO, Ms. FUDGE, Ms. BONAMICI, Ms. STE- Mr. ESPAILLAT. Florida, Mrs. HAYES, Mr. COURTNEY, Mr. VENS, and Mr. CASTRO of Texas.

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