Text of CARES Act S 3548

with our hyperlinks and annotations

 

116th CONGRESS
2d Session

S. 3548

To provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.


IN THE SENATE OF THE UNITED STATES
March 19, 2020

Mr. McConnell (for himself, Mr. Alexander, Mr. Crapo, Mr. Grassley, Mr. Rubio, Mr. Shelbyand Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.

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 Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Table of contents.

See our page on Loans 

 


Sec. 2101. 2020 recovery rebates for individuals.

Sec. 2102. Delay of certain deadlines.

Sec. 2103. Special rules for use of retirement funds.

Sec. 2104. Allowance of partial above the line deduction for charitable contributions.

Sec. 2105. Modification of limitations on charitable contributions during 2020.


Sec. 2201. Delay of estimated tax payments for corporations.

Sec. 2202. Delay of payment of employer payroll taxes.

Sec. 2203. Modifications for net operating losses.

Sec. 2204. Modification of limitation on losses for taxpayers other than corporations.

Sec. 2205. Modification of credit for prior year minimum tax liability of corporations.

Sec. 2206. Modification of limitation on business interest.

Sec. 2207. Technical amendments regarding qualified improvement property.

Sec. 2208. Installments not to prevent credit or refund of overpayments or increase estimated taxes.

Sec. 2209. Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules.


Sec. 3101. Short title.

Sec. 3102. Emergency relief through loans and loan guarantees.

Sec. 3103. Limitation on certain employee compensation.

Sec. 3104. Continuation of certain air service.

Sec. 3105. Reports.

Sec. 3106. Coordination with Secretary of Transportation.

Sec. 3107. Definitions.

Sec. 3108. Rule of construction.


Sec. 3201. Suspension of certain aviation excise taxes.


Sec. 4101. Moving the strategic national stockpile to ASPR.


Sec. 4111. National Academies report on America’s medical product supply chain security.

Sec. 4112. Requiring the strategic national stockpile to include certain types of medical supplies.

Sec. 4113. Treatment of respiratory protective devices as covered countermeasures.


Sec. 4121. Prioritize reviews of drug applications; incentives.

Sec. 4122. Additional manufacturer reporting requirements in response to drug shortages.

Sec. 4123. GAO report on intra-agency coordination.

Sec. 4124. Report.

Sec. 4125. Safe harbor provision.


Sec. 4131. Discontinuance or interruption in the production of medical devices.

Sec. 4132. GAO report on intra-agency coordination.


Sec. 4141. Emergency use of laboratory developed tests.

 
 


Sec. 4201. Coverage of diagnostic testing for COVID-19.

Sec. 4202. Pricing of diagnostic testing.

Sec. 4203. Rapid coverage of preventive services and vaccines for coronavirus.


Sec. 4211. Supplemental awards for health centers.

Sec. 4212. Allowing permanent direct hire of NDMS health care professionals.

Sec. 4213. Telehealth network and telehealth resource centers grant programs.

Sec. 4214. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs.

Sec. 4215. United States Public Health Service Modernization.

Sec. 4216. Limitation on liability for volunteer health care professionals during covid-19 emergency response.


Sec. 4221. Confidentiality and disclosure of records relating to substance use disorder.

Sec. 4222. Nutrition services.

Sec. 4223. Guidance on protected health information.

Sec. 4224. Reauthorization of healthy start program.


Sec. 4301. Removing the cap on OTA.

Sec. 4302. Extending the priority review program for agents that present national security threats.

Sec. 4303. Priority zoonotic animal drugs.


Sec. 4401. Exemption for telehealth services.

Sec. 4402. Inclusion of certain over-the-counter medical products as qualified medical expenses.

Sec. 4403. Treatment of direct primary care service arrangements.

Sec. 4404. Increasing Medicare telehealth flexibilities during emergency period.

Sec. 4405. Enhancing Medicare telehealth services for Federally qualified health centers and rural health clinics during emergency period.

Sec. 4406. Temporary waiver of requirement for face-to-face visits between home dialysis patients and physicians.

Sec. 4407. Improving care planning for Medicare home health services.

Sec. 4408. Adjustment of sequestration.

Sec. 4409. Medicare hospital inpatient prospective payment system add-on payment for covid–19 patients during emergency period.

Sec. 4410. Revising payment rates for durable medical equipment under the Medicare program through duration of emergency period.

Sec. 4411. Providing home and community-based services in acute care hospitals.

Sec. 4412. Treatment of technology-enabled collaborative learning and capacity building models as medical assistance.

Sec. 4413. Encouraging the development and use of DISARM antimicrobial drugs.

Sec. 4414. Novel medical products.


Sec. 4501. Short title.

Sec. 4502. Definitions.

Sec. 4503. Campus-based aid waivers.

Sec. 4504. Use of supplemental educational opportunity grants for emergency aid.

Sec. 4505. Federal work-study during a qualifying emergency.

Sec. 4506. Adjustment of subsidized loan usage limits.

Sec. 4507. Exclusion from Federal Pell Grant duration limit.

Sec. 4508. Institutional refunds and Federal student loan flexibility.

Sec. 4509. Satisfactory progress.

Sec. 4510. Continuing education at affected foreign institutions.

Sec. 4511. National emergency educational waivers.

Sec. 4512. HBCU Capital financing.

Sec. 4513. Temporary relief for federal student loan borrowers.

Sec. 4514. Provisions related to the Corporation for National and Community Service.

Sec. 4515. Workforce response activities.

Sec. 4516. Technical amendments.


Sec. 4601. Limitation on paid leave.

Sec. 4602. Emergency Paid Sick Leave Act Limitation.

Sec. 4603. Regulatory Authorities under the Emergency Paid Sick Leave Act.

Sec. 4604. Unemployment insurance.

Sec. 4605. OMB Waiver of Paid Family and Paid Sick Leave.

Sec. 4606. Paid leave for rehired employees.

Sec. 4607. Advance refunding of credits.


Sec. 5001. Non-applicability of restrictions on ESF during national emergency.


Sec. 6001. Emergency designation.

SEC. 2101. 2020 RECOVERY REBATES FOR INDIVIDUALS.
 


“Sec. 6428. 2020 Recovery Rebates for individuals.”.

SEC. 2102. DELAY OF CERTAIN DEADLINES.
SEC. 2103. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
SEC. 2104. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR CHARITABLE CONTRIBUTIONS.
SEC. 2105. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS DURING 2020.
SEC. 2201. DELAY OF ESTIMATED TAX PAYMENTS FOR CORPORATIONS.
SEC. 2202. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES.
SEC. 2203. MODIFICATIONS FOR NET OPERATING LOSSES.
SEC. 2204. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS OTHER THAN CORPORATIONS.
SEC. 2205. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY OF CORPORATIONS.
SEC. 2206. MODIFICATION OF LIMITATION ON BUSINESS INTEREST.
SEC. 2207. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT PROPERTY.
“(E)(vii) 20”.
SEC. 2208. INSTALLMENTS NOT TO PREVENT CREDIT OR REFUND OF OVERPAYMENTS OR INCREASE ESTIMATED TAXES.
SEC. 2209. RESTORATION OF LIMITATION ON DOWNWARD ATTRIBUTION OF STOCK OWNERSHIP IN APPLYING CONSTRUCTIVE OWNERSHIP RULES.
 


“Sec. 951B. Amounts included in gross income of foreign controlled United States shareholders.”.

SEC. 3101. SHORT TITLE.

This title may be cited as the “Coronavirus Economic Stabilization Act of 2020”.

SEC. 3102. EMERGENCY RELIEF THROUGH LOANS AND LOAN GUARANTEES.
SEC. 3103. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
SEC. 3104. CONTINUATION OF CERTAIN AIR SERVICE.

The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier receiving loans and loan guarantees under section 3102 to maintain scheduled air transportation service as the Secretary of Transportation deems necessary to ensure services to any point served by that carrier before March 1, 2020. When considering whether to exercise the authority granted by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities.

SEC. 3105. REPORTS.
SEC. 3106. COORDINATION WITH SECRETARY OF TRANSPORTATION.

In implementing this title with respect to air carriers, the Secretary shall coordinate with the Secretary of Transportation.

SEC. 3107. DEFINITIONS.

In this title:

SEC. 3108. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to allow the Secretary to provide relief to eligible businesses except in the form of secured loans and loan guarantees as provided in this title and under terms and conditions that are in the interest of the Federal Government.

SEC. 3201. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES.
SEC. 4101. MOVING THE STRATEGIC NATIONAL STOCKPILE TO ASPR.

Section 319F–2(a)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(1)) is amended by striking “The Secretary, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Homeland Security (referred to in this section as the ‘Homeland Security Secretary’), shall maintain” and inserting “The Secretary, in collaboration with the Assistant Secretary for Preparedness and Response, and in coordination with the Secretary of Homeland Security (referred to in this section as the ‘Homeland Security Secretary’), shall maintain”.

SEC. 4111. NATIONAL ACADEMIES REPORT ON AMERICA’S MEDICAL PRODUCT SUPPLY CHAIN SECURITY.
SEC. 4112. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE CERTAIN TYPES OF MEDICAL SUPPLIES.

Section 319F–2(a)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(1)) is amended by inserting “(including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests in the stockpile)” after “other supplies”.

SEC. 4113. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED COUNTERMEASURES.

Section 319F–3(i)(1) of the Public Health Service Act (42 U.S.C. 247d–6d(i)(1)) is amended—

 

SEC. 4121. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.

Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(g)) is amended—

SEC. 4122. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN RESPONSE TO DRUG SHORTAGES.
SEC. 4123. GAO REPORT ON INTRA-AGENCY COORDINATION.
SEC. 4124. REPORT.

Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Commissioner of Food and Drugs and the Administrator of the Centers for Medicare & Medicaid Services, shall develop and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing recommendations—

SEC. 4125. SAFE HARBOR PROVISION.
 
SEC. 4131. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF MEDICAL DEVICES.

Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506I the following:

“SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF MEDICAL DEVICES.

 

shall, during, or in advance of, a public health emergency determined by the Secretary pursuant to section 319, notify the Secretary, in accordance with subsection (b), of a permanent discontinuance in the manufacture of the device (except for discontinuances as a result of an approved modification of the device) or an interruption of the manufacture of the device that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption.

SEC. 4132. GAO REPORT ON INTRA-AGENCY COORDINATION.
SEC. 4141. EMERGENCY USE OF LABORATORY DEVELOPED TESTS.
SEC. 4201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.
SEC. 4202. PRICING OF DIAGNOSTIC TESTING.
SEC. 4203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR CORONAVIRUS.
SEC. 4211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.
SEC. 4212. ALLOWING PERMANENT DIRECT HIRE OF NDMS HEALTH CARE PROFESSIONALS.

Section 2812(c)(4) of the Public Health Service Act (42 U.S.C. 300hh–11(c)(4)) is amended to read as follows:

“(4) CERTAIN APPOINTMENTS.—If the Secretary determines that the number of intermittent disaster response personnel within the National Disaster Medical System under this section is insufficient to address a public health emergency or potential public health emergency, the Secretary may appoint candidates directly to personnel positions for intermittent disaster response within such system. The Secretary shall provide updates on the number of vacant or unfilled positions within such system to the congressional committees of jurisdiction each quarter for which this authority is in effect.”.

SEC. 4213. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS.

Section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—

SEC. 4214. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS.

Section 330A of the Public Health Service Act (42 U.S.C. 254c) is amended—

SEC. 4215. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.
SEC. 4216. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS DURING COVID-19 EMERGENCY RESPONSE.
SEC. 4221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING TO SUBSTANCE USE DISORDER.
SEC. 4222. NUTRITION SERVICES.
SEC. 4223. GUIDANCE ON PROTECTED HEALTH INFORMATION.

Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance on the sharing of patients’ protected health information pursuant to section 160.103 of title 45, Code of Federal Regulations (or any successor regulations) during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during the emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to COVID-19, and during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19. Such guidance shall include information on compliance with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) and applicable policies, including such policies that may come into effect during such emergencies.

SEC. 4224. REAUTHORIZATION OF HEALTHY START PROGRAM.

Section 330H of the Public Health Service Act (42 U.S.C. 254c–8) is amended—

SEC. 4301. REMOVING THE CAP ON OTA.

Section 319L(c)(5)(A)(ii) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(5)(A)(ii)) is amended to read as follows:

“(ii) LIMITATIONS ON AUTHORITY.—To the maximum extent practicable, competitive procedures shall be used when entering into transactions to carry out projects under this subsection.”.

SEC. 4302. EXTENDING THE PRIORITY REVIEW PROGRAM FOR AGENTS THAT PRESENT NATIONAL SECURITY THREATS.

Section 565A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–4a) is amended by striking subsection (g).

SEC. 4303. PRIORITY ZOONOTIC ANIMAL DRUGS.

Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 512 the following:

“SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.

 
SEC. 4401. EXEMPTION FOR TELEHEALTH SERVICES.
SEC. 4402. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS AS QUALIFIED MEDICAL EXPENSES.
SEC. 4403. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.
SEC. 4404. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING EMERGENCY PERIOD.

Section 1135 of the Social Security Act (42 U.S.C. 1320b–5) is amended—

SEC. 4405. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING EMERGENCY PERIOD.

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—

SEC. 4406. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS BETWEEN HOME DIALYSIS PATIENTS AND PHYSICIANS.

Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 1395rr(b)(3)(B)) is amended—

 

SEC. 4407. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.
SEC. 4408. ADJUSTMENT OF SEQUESTRATION.
SEC. 4409. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM ADD-ON PAYMENT FOR COVID–19 PATIENTS DURING EMERGENCY PERIOD.
SEC. 4410. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM THROUGH DURATION OF EMERGENCY PERIOD.
SEC. 4411. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE CARE HOSPITALS.

Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is amended—

SEC. 4412. TREATMENT OF TECHNOLOGY-ENABLED COLLABORATIVE LEARNING AND CAPACITY BUILDING MODELS AS MEDICAL ASSISTANCE.

Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended by adding at the end the following:

“(m) Technology-Enabled Collaborative Learning And Capacity Building Models.—

“(1) IN GENERAL.—A State may provide, as medical assistance, a technology-enabled collaborative learning and capacity building model used by a provider participating under the State plan (or a waiver of such plan) without regard to the requirements of section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and section 1902(a)(23) (relating to freedom of choice of providers).

SEC. 4413. ENCOURAGING THE DEVELOPMENT AND USE OF DISARM ANTIMICROBIAL DRUGS.
SEC. 4414. NOVEL MEDICAL PRODUCTS.
SEC. 4501. SHORT TITLE.

This title may be cited as the “COVID-19 Pandemic Education Relief Act of 2020”.

SEC. 4502. DEFINITIONS.
SEC. 4503. CAMPUS-BASED AID WAIVERS.
SEC. 4504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR EMERGENCY AID.
SEC. 4505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY.
SEC. 4506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS.

Notwithstanding section 455(q)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a student’s period of enrollment for purposes of loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) any semester (or the equivalent) during which the student was unable to remain enrolled in school as a result of a qualifying emergency, if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.

SEC. 4507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT.

The Secretary shall exclude from a student’s Federal Pell Grant duration limit under section 401(c)(5) of the Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the student does not complete due to a qualifying emergency if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.

SEC. 4508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY.
SEC. 4509. SATISFACTORY PROGRESS.

Notwithstanding section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), in determining whether a student is maintaining satisfactory progress for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, exclude from the quantitative component of the calculation any attempted credits that were not completed by such student without requiring an appeal by such student.

SEC. 4510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
SEC. 4511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
SEC. 4512. HBCU CAPITAL FINANCING.
SEC. 4513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS.
SEC. 4514. PROVISIONS RELATED TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.
SEC. 4515. WORKFORCE RESPONSE ACTIVITIES.
SEC. 4516. TECHNICAL AMENDMENTS.
SEC. 4601. LIMITATION ON PAID LEAVE.

Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (as added by the Emergency Family and Medical Leave Expansion Act) is amended by striking clause (ii) and inserting the following:

“(ii) LIMITATION.—An employer shall not be required to pay more than $200 per day and $10,000 in the aggregate for each employee for paid leave under this section.”.

SEC. 4602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.

Section 5102 of the Emergency Paid Sick Leave Act (division E of the Families First Coronavirus Response Act) is amended by adding at the end the following:

“(f) Limitations.—

“(1) IN GENERAL.—An employer shall not be required to pay more than either—

“(A) $511 per day and $5,110 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (1), (2), or (3) of section 5102(a); or

SEC. 4603. REGULATORY AUTHORITIES UNDER THE EMERGENCY PAID SICK LEAVE ACT.

Section 5111(2) of the Emergency Paid Sick Leave Act (division E of the Families First Coronavirus Response Act) is amended by striking “section 5102(a)(5)” and inserting “paragraphs (4) and (5) of section 5102(a)(5)”.

SEC. 4604. UNEMPLOYMENT INSURANCE.

Section 903(h)(2)(B) of the Social Security Act (42 U.S.C. 1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment Insurance Stabilization and Access Act of 2020, is amended to read as follows:

“(B) The State ensures that applications for unemployment compensation, and assistance with the application process, are accessible in person, by phone, or online.”.

SEC. 4605. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.
“The Director of the Office of Management and Budget shall have the authority to exclude for good cause from the definition of employee under section 5110(1) certain employees described in subparagraphs (E) and (F) of such section, including by exempting certain United States Government employers covered by section 5110(2)(A)(i)(V) from the requirements of this title with respect to certain categories of Executive Branch employees.”.
SEC. 4606. PAID LEAVE FOR REHIRED EMPLOYEES.

Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, as added by section 3102 of the Emergency Family and Medical Leave Expansion Act, is amended to read as follows:

“(A) ELIGIBLE EMPLOYEE.—

“(i) IN GENERAL.—In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term ‘eligible employee’ means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under section 102(a)(1)(F).

SEC. 4607. ADVANCE REFUNDING OF CREDITS.
SEC. 5001. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING NATIONAL EMERGENCY.

Section 131 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5236) shall not apply during the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).

SEC. 6001. EMERGENCY DESIGNATION.

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