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I
116TH CONGRESS
2D SESSION
H. R. 6198
To provide emergency paid leave benefits to certain individuals affected by
COVID-19, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 2020
Mrs. MURPHY of Florida (for herself, Mr. CUNNINGHAM, Ms. KENDRA S.
HORN of Oklahoma, and Ms. TORRES SMALL of New Mexico) introduced
the following bill; which was referred to the Committee on Ways and
Means
A BILL
To provide emergency paid leave benefits to certain
individuals affected by COVID-19, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Emergency Paid Leave
4
Act of 2020’’.
5
SEC. 2. EMERGENCY PAID LEAVE BENEFITS.
6
The Social Security Act is amended by inserting after
7
title V the following:
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‘‘TITLE VI—EMERGENCY PAID
1
LEAVE BENEFITS
2
‘‘SEC. 601. DEFINITIONS.
3
‘‘In this title, the following definitions apply:
4
‘‘(1) EMERGENCY LEAVE DAY.—
5
‘‘(A) IN GENERAL.—The term ‘emergency
6
leave day’ means, with respect to an individual,
7
a calendar day in which the individual is not
8
able to engage in employment due to any of the
9
following reasons:
10
‘‘(i) The individual has a current di-
11
agnosis of COVID-19.
12
‘‘(ii) The individual is under quar-
13
antine (including self-imposed quarantine),
14
at the instruction of a health care provider,
15
employer, or a local, State, or Federal offi-
16
cial, in order to prevent the spread of
17
COVID-19.
18
‘‘(iii) The individual is engaged in
19
caregiving for an individual who has a cur-
20
rent diagnosis of COVID-19 or is under
21
quarantine as described in clause (ii).
22
‘‘(iv) The individual is engaged in
23
caregiving, because of the COVID-19-re-
24
lated closing of a school or other care facil-
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ity or care program, for a child or other in-
1
dividual unable to provide self-care.
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‘‘(B) LIMITATION.—No calendar day may
3
be treated as an emergency leave day with re-
4
spect to an individual if the individual—
5
‘‘(i) received any form of compensa-
6
tion from an employer (other than State or
7
private paid leave), including wages or any
8
form of accrued paid leave, for such day;
9
or
10
‘‘(ii) was eligible for unemployment
11
compensation for the week in which such
12
day occurs.
13
‘‘(2)
COMMISSIONER.—The
term
‘Commis-
14
sioner’ means the Commissioner of Social Security.
15
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible
16
individual’ means an individual who had wages or
17
self-employment income during the 30-day period
18
ending on the first emergency leave day with respect
19
to such individual.
20
‘‘(4) SELF-EMPLOYMENT
INCOME.—The term
21
‘self-employment income’ has the meaning given the
22
term in section 1402(b) of the Internal Revenue
23
Code of 1986 for purposes of the taxes imposed by
24
section 1401(b) of such Code.
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‘‘(5) STATE.—The term ‘State’ means any
1
State of the United States or the District of Colum-
2
bia or any territory or possession of the United
3
States.
4
‘‘(6) STATE
OR
PRIVATE
PAID
LEAVE.—The
5
term ‘State or private paid leave’ means a benefit
6
which provides full or partial wage replacement to
7
employees on the basis of specifically defined quali-
8
fying events described in section 102 of the Family
9
and Medical Leave Act of 1993 or defined by a writ-
10
ten employer policy or State law and which ends ei-
11
ther when the qualifying event is no longer applica-
12
ble or a set period of benefits is exhausted.
13
‘‘(7) UNEMPLOYMENT
COMPENSATION.—The
14
term ‘unemployment compensation’ means—
15
‘‘(A) ‘regular compensation’, ‘extended
16
compensation’, and ‘additional compensation’
17
(as such terms are defined by section 205 of
18
the Federal-State Extended Unemployment
19
Compensation Act (26 U.S.C. 3304 note)); and
20
‘‘(B) assistance under section 410 of the
21
Robert T. Stafford Disaster Relief and Emer-
22
gency Assistance Act (42 U.S.C. 5177).
23
‘‘(8) WAGES.—The term ‘wages’ has the mean-
24
ing given such term in section 3121(a) of the Inter-
25
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nal Revenue Code of 1986 for purposes of the taxes
1
imposed by sections 3101(b) and 3111(b) of such
2
Code.
3
‘‘SEC. 602. EMERGENCY PAID LEAVE BENEFITS.
4
‘‘(a) IN GENERAL.—The Commissioner shall pay an
5
emergency paid leave benefit, to be paid electronically or,
6
if necessary, by mail, to each eligible individual for each
7
30-day period beginning and ending in the benefit period
8
(not to exceed 3) for which the eligible individual has filed
9
an application containing such certifications as required
10
under subsection (e).
11
‘‘(b) BENEFIT AMOUNT.—
12
‘‘(1) IN GENERAL.—Subject to paragraph (2),
13
the amount of the emergency paid leave benefit to
14
which an individual is entitled under subsection (a)
15
for a 30-day period shall be an amount (not to ex-
16
ceed $4,000) equal to 2⁄3 of the individual’s average
17
monthly earnings.
18
‘‘(2) REDUCTION BASED ON RECEIPT OF STATE
19
OR PRIVATE PAID LEAVE.—The amount of an emer-
20
gency paid leave benefit to which an individual is en-
21
titled under subsection (a) for a 30-day period shall
22
be reduced by $1 for each dollar of State or private
23
paid leave received by the individual for such period.
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‘‘(3) AVERAGE MONTHLY EARNINGS.—For pur-
1
poses of this subsection, an individual’s average
2
monthly earnings shall be equal to the quotient ob-
3
tained by dividing—
4
‘‘(A) the total of the wages and self-em-
5
ployment income received by the individual dur-
6
ing the most recent calendar year preceding an
7
application for an emergency paid leave benefit
8
under this section for which data is available to
9
the Commissioner; by
10
‘‘(B) 12.
11
‘‘(c) BENEFIT PERIOD.—For purposes of this sec-
12
tion, the benefit period begins on January 19, 2020, and
13
ends on the date that is 1 year after the date of enactment
14
of this title.
15
‘‘(d) RETROACTIVE BENEFITS.—An application for
16
benefits for any month beginning and ending in the benefit
17
period may be filed at any time prior to the date that is
18
180 days after the end of such benefit period.
19
‘‘(e) APPLICATION.—
20
‘‘(1) IN GENERAL.—An application for an emer-
21
gency paid leave benefit under this section for a 30-
22
day period shall include—
23
‘‘(A) an attestation by the individual—
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‘‘(i) that he or she is an eligible indi-
1
vidual;
2
‘‘(ii) that at least 14 emergency leave
3
days with respect to the individual oc-
4
curred, or are expected to occur, during
5
such period; and
6
‘‘(iii) that the individual has informed
7
his or her employer of the individual’s need
8
to take emergency leave, if the individual
9
has an employer.
10
‘‘(2) AVAILABILITY.—The Commissioner shall
11
accept applications online, by telephone, and by
12
mail.
13
‘‘(3) AUTHENTICATION
OF
IDENTITY.—The
14
Commissioner is authorized to take such steps as are
15
necessary to authenticate the identity of applicants.
16
‘‘(4) PENALTIES
FOR
FRAUD.—Any fraud or
17
misrepresentation relating to an application for ben-
18
efits under this title shall be treated as a violation
19
of section 208.
20
‘‘(f) INELIGIBILITY BASED ON FRAUD AND CRIMINAL
21
ACTIVITY.—
22
‘‘(1) INELIGIBILITY FOLLOWING CERTAIN CON-
23
VICTIONS.—An individual who has been convicted of
24
a violation under section 208 or who has been found
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to have used false statements to secure benefits
1
under this section shall be ineligible for benefits
2
under this section.
3
‘‘(2) INELIGIBILITY OF PRISONERS.—An indi-
4
vidual shall be ineligible for a benefit under this sec-
5
tion for any 30-day period with respect to which the
6
individual is an individual described in clause (i),
7
(ii), or (iii) of section 202(x)(1)(A).
8
‘‘(g) REVIEW OF ELIGIBILITY AND BENEFIT PAY-
9
MENT DETERMINATIONS.—
10
‘‘(1) BURDEN OF PROOF.—An application for
11
benefits under this section shall be presumed to be
12
true and accurate, unless the Commissioner dem-
13
onstrates by a preponderance of the evidence that
14
information contained in the application is false.
15
‘‘(2) REVIEW.—
16
‘‘(A) IN GENERAL.—An individual may re-
17
quest review of an adverse determination with
18
respect to such application or of a benefit pay-
19
ment determination and shall have the same ap-
20
peals rights as provided under title II.
21
‘‘(B) FINAL DETERMINATIONS.—All final
22
determinations of the Commissioner under this
23
subsection shall be reviewable according to the
24
procedures set out in section 205.
25
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‘‘(3) PROGRAM INTEGRITY.—The Commissioner
1
shall have the authority to conduct random sample
2
audits of benefits provided under this title to ensure
3
compliance with the eligibility requirements for such
4
benefits.
5
‘‘(h) PROTECTION OF EXISTING BENEFIT RIGHTS.—
6
‘‘(1) IN GENERAL.—This title does not preempt
7
or supercede any provision of State or local law that
8
authorizes a State or local municipality to provide
9
paid leave benefits similar to the benefits provided
10
under this title.
11
‘‘(2) GREATER BENEFITS ALLOWED.—Nothing
12
in this title shall be construed to diminish the obli-
13
gation of an employer to comply with any contract,
14
collective bargaining agreement, or any employment
15
benefit program or plan that provides greater paid
16
leave or other leave rights to employees than the
17
rights established under this title.
18
‘‘(i) REIMBURSEMENT GRANTS
TO STATES.—Not
19
later than July 1, 2021, the Secretary of the Treasury,
20
in consultation with the Commissioner of Social Security,
21
shall make a grant to each State in an amount equal to
22
the total amount, for all 30-day periods beginning and
23
ending in the benefit period, by which benefits under this
24
title were reduced under subsection (b)(2) as a result of
25
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State and private paid leave paid by such State or under
1
the law of such State.
2
‘‘(j) APPLICABILITY OF CERTAIN TITLE II PROVI-
3
SIONS.—The provisions of sections 204, 205, 206, and
4
208 shall apply to benefit payments made under this sec-
5
tion in the same way that such provisions apply to benefit
6
payments made under title II.
7
‘‘(k) NO EFFECT ON ELIGIBILITY FOR SSI.—Any
8
benefit paid to an individual under this title shall not be
9
regarded as income or resources for any month, for pur-
10
poses of determining the eligibility of the recipient (or the
11
recipient’s spouse or family) for benefits or assistance, or
12
the amount or extent of benefits or assistance, under the
13
Supplemental Security Income program.
14
‘‘SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION
15
AUTHORITY.
16
‘‘(a) FUNDING.—There are appropriated such sums
17
as necessary to the Commissioner of Social Security to ad-
18
minister and pay benefits under the program established
19
under this title, and to the Secretary of the Treasury for
20
reimbursement grants under section 602(i).
21
‘‘(b) EXPEDITED IMPLEMENTATION AUTHORITY.—
22
In order to expedite the implementation of the emergency
23
paid leave program under this title, the Commissioner is
24
authorized to waive existing Federal requirements regard-
25
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ing paperwork reduction, system of records notices, con-
1
tracting and acquisitions, and hiring.
2
‘‘(c)
PROTECTION
OF
EXISTING
EMPLOYEE
3
RIGHTS.—This title does not preempt or supersede exist-
4
ing collective bargaining agreements.
5
‘‘SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST
6
FUNDS.
7
‘‘No funds from the Federal Old-Age and Survivors
8
Insurance Trust Fund or the Federal Disability Insurance
9
Trust Fund, or appropriated to the Social Security Ad-
10
ministration for the administration of titles II or XVI,
11
may be used for any purpose under this title.
12
‘‘SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS.
13
‘‘No amount received by an individual under this title
14
shall be included in gross income for purposes of the Inter-
15
nal Revenue Code of 1986.’’.
16
Æ
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