PUBLIC LAW 116–127—MAR. 18, 2020 FAMILIES FIRST CORONAVIRUS RESPONSE ACT VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 178 PUBLIC LAW 116–127—MAR. 18, 2020 Public Law 116–127 116th Congress An Act Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Families First Coronavirus Response Act’’. SEC. 2. TABLE OF CONTENTS. The table of contents is as follows: DIVISION A—SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 DIVISION B—NUTRITION WAIVERS DIVISION C—EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT DIVISION D—EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020 DIVISION E—EMERGENCY PAID SICK LEAVE ACT DIVISION F—HEALTH PROVISIONS DIVISION G—TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE DIVISION H—BUDGETARY EFFECTS SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A—SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely: Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. 1 USC 1 note. 29 USC 2601 note. Families First Coronavirus Response Act. Mar. 18, 2020 [H.R. 6201] VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 179 PUBLIC LAW 116–127—MAR. 18, 2020 TITLE I DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) For an additional amount for the ‘‘Special Supplemental Nutri- tion Program for Women, Infants, and Children’’, $500,000,000, to remain available through September 30, 2021: Provided, That such amount is designated by the Congress as being for an emer- gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control Act of 1985. COMMODITY ASSISTANCE PROGRAM For an additional amount for the ‘‘Commodity Assistance Pro- gram’’ for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available through September 30, 2021: Provided, That of the funds made available, the Secretary may use up to $100,000,000 for costs associ- ated with the distribution of commodities: Provided further, That such amount is designated by the Congress as being for an emer- gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE SEC. 1101. (a) PUBLIC HEALTH EMERGENCY.—During fiscal year 2020, in any case in which a school is closed for at least 5 consecu- tive days during a public health emergency designation during which the school would otherwise be in session, each household containing at least 1 member who is an eligible child attending the school shall be eligible to receive assistance pursuant to a state agency plan approved under subsection (b). (b) ASSISTANCE.—To carry out this section, the Secretary of Agriculture may approve State agency plans for temporary emer- gency standards of eligibility and levels of benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with eligible children. Plans approved by the Secretary shall provide for supplemental allotments to households receiving benefits under such Act, and issuances to households not already receiving benefits. Such level of benefits shall be determined by the Secretary in an amount not less than the value of meals at the free rate over the course of 5 school days for each eligible child in the household. (c) MINIMUM CLOSURE REQUIREMENT.—The Secretary of Agri- culture shall not provide assistance under this section in the case of a school that is closed for less than 5 consecutive days. (d) USE OF EBT SYSTEM.—A State agency may provide assist- ance under this section through the EBT card system established under section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016). (e) RELEASE OF INFORMATION.—Notwithstanding any other provision of law, the Secretary of Agriculture may authorize State Time period. Determination. Plans. Time periods. 7 USC 2011 note. VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 180 PUBLIC LAW 116–127—MAR. 18, 2020 educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section. (f) WAIVERS.—To facilitate implementation of this section, the Secretary of Agriculture may approve waivers of the limits on certification periods otherwise applicable under section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting require- ments otherwise applicable under section 6(c) of such Act (7 U.S.C. 2015(c)), and other administrative requirements otherwise applicable to State agencies under such Act. (g) AVAILABILITY OF COMMODITIES.—During fiscal year 2020, the Secretary of Agriculture may purchase commodities for emer- gency distribution in any area of the United States during a public health emergency designation. (h) DEFINITIONS.—In this section: (1) The term ‘‘eligible child’’ means a child (as defined in section 12(d) or served under section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) who, if not for the closure of the school attended by the child during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive free or reduced price school meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 175l et seq.) at the school. (2) The term ‘‘public health emergency designation’’ means the declaration of a public health emergency, based on an outbreak of SARS–CoV–2 or another coronavirus with pandemic potential, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d). (3) The term ‘‘school’’ has the meaning given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)). (i) FUNDING.—There are hereby appropriated to the Secretary of Agriculture such amounts as are necessary to carry out this section: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con- trol Act of 1985. SEC. 1102. In addition to amounts otherwise made available, $100,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID–19 public health emergency: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Grants. Territories. VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 181 PUBLIC LAW 116–127—MAR. 18, 2020 TITLE II DEPARTMENT OF DEFENSE DEFENSE HEALTH PROGRAM For an additional amount for ‘‘Defense Health Program’’, $82,000,000, to remain available until September 30, 2022, for health services consisting of SARS–CoV–2 or COVID–19 related items and services as described in section 6006(a) of division F of the Families First Coronavirus Response Act (or the administra- tion of such products): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE III DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE TAXPAYER SERVICES For an additional amount for ‘‘Taxpayer Services’’, $15,000,000, to remain available until September 30, 2022, for the purposes of carrying out the Families First Coronavirus Response Act: Pro- vided, That amounts provided under this heading in this Act may be transferred to and merged with ‘‘Operations Support’’: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE IV DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH SERVICE INDIAN HEALTH SERVICES For an additional amount for ‘‘Indian Health Services’’, $64,000,000, to remain available until September 30, 2022, for health services consisting of SARS–CoV–2 or COVID–19 related items and services as described in section 6007 of division F of the Families First Coronavirus Response Act (or the administration of such products): Provided, That such amounts shall be allocated at the discretion of the Director of the Indian Health Service: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con- trol Act of 1985. VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 182 PUBLIC LAW 116–127—MAR. 18, 2020 TITLE V DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR COMMUNITY LIVING AGING AND DISABILITY SERVICES PROGRAMS For an additional amount for ‘‘Aging and Disability Services Programs’’, $250,000,000, to remain available until September 30, 2021, for activities authorized under subparts 1 and 2 of part C, of title III, and under title VI, of the Older Americans Act of 1965 (‘‘OAA’’), of which $160,000,000 shall be for Home-Delivered Nutrition Services, $80,000,000 shall be for Congregate Nutrition Services, and $10,000,000 shall be for Nutrition Services for Native Americans: Provided, That State matching requirements under sec- tions 304(d)(1)(D) and 309(b)(2) of the OAA shall not apply to funds made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OFFICE OF THE SECRETARY PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’, $1,000,000,000, to remain available until expended, for activities authorized under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11), in coordination with the Assistant Secretary for Preparedness and Response and the Administrator of the Centers for Medicare & Medicaid Services, to pay the claims of providers for reimbursement, as described in subsection (a)(3)(D) of such section 2812, for health services consisting of SARS–CoV–2 or COVID–19 related items and services as described in paragraph (1) of section 6001(a) of division F of the Families First Coronavirus Response Act (or the administration of such products) or visits described in paragraph (2) of such section for uninsured individuals: Provided, That the term ‘‘uninsured indi- vidual’’ in this paragraph means an individual who is not enrolled in— (1) a Federal health care program (as defined under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)), including an individual who is eligible for medical assistance only because of subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of the Social Security Act; or (2) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)), or a health plan offered under chapter 89 of title 5, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con- trol Act of 1985. Definition. Coordination. VerDate Sep 11 2014 14:34 Mar 24, 2020 Jkt 099139 PO 00127 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL127.116 PUBL127 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 183 PUBLIC LAW 116–127—MAR. 18, 2020 TITLE VI DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION MEDICAL SERVICES For an additional amount for ‘‘Medical Services’’, $30,000,000, to remain available until September 30, 2022, for health services consisting of SARS–CoV–2 or COVID–19 related items and services as described in section 6006(b) of division F of the Families First Coronavirus Response Act (or the administration of such products): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con- trol Act of 1985. MEDICAL COMMUNITY CARE For an additional amount for ‘‘Medical Community Care’’, $30,000,000, to remain available until September 30, 2022, for health services consisting of SARS–CoV–2 or COVID–19 related items and services as described in section 6006(b) of division F of the Families First Coronavirus Response Act (or the administra- tion of such products): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE VII GENERAL PROVISIONS—THIS ACT SEC. 1701. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses [Text truncated for display. Full text available on Congress.gov.]