[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6198 Introduced in House (IH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Paid Leave Act of 2020''.
SEC. 2. EMERGENCY PAID LEAVE BENEFITS.
The Social Security Act is amended by inserting after title V the
following:
``TITLE VI--EMERGENCY PAID LEAVE BENEFITS
``SEC. 601. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Emergency leave day.--
``(A) In general.--The term `emergency leave day'
means, with respect to an individual, a calendar day in
which the individual is not able to engage in
employment due to any of the following reasons:
``(i) The individual has a current
diagnosis of COVID-19.
``(ii) The individual is under quarantine
(including self-imposed quarantine), at the
instruction of a health care provider,
employer, or a local, State, or Federal
official, in order to prevent the spread of
COVID-19.
``(iii) The individual is engaged in
caregiving for an individual who has a current
diagnosis of COVID-19 or is under quarantine as
described in clause (ii).
``(iv) The individual is engaged in
caregiving, because of the COVID-19-related
closing of a school or other care facility or
care program, for a child or other individual
unable to provide self-care.
``(B) Limitation.--No calendar day may be treated
as an emergency leave day with respect to an individual
if the individual--
``(i) received any form of compensation
from an employer (other than State or private
paid leave), including wages or any form of
accrued paid leave, for such day; or
``(ii) was eligible for unemployment
compensation for the week in which such day
occurs.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(3) Eligible individual.--The term `eligible individual'
means an individual who had wages or self-employment income
during the 30-day period ending on the first emergency leave
day with respect to such individual.
``(4) Self-employment income.--The term `self-employment
income' has the meaning given the term in section 1402(b) of
the Internal Revenue Code of 1986 for purposes of the taxes
imposed by section 1401(b) of such Code.
``(5) State.--The term `State' means any State of the
United States or the District of Columbia or any territory or
possession of the United States.
``(6) State or private paid leave.--The term `State or
private paid leave' means a benefit which provides full or
partial wage replacement to employees on the basis of
specifically defined qualifying events described in section 102
of the Family and Medical Leave Act of 1993 or defined by a
written employer policy or State law and which ends either when
the qualifying event is no longer applicable or a set period of
benefits is exhausted.
``(7) Unemployment compensation.--The term `unemployment
compensation' means--
``(A) `regular compensation', `extended
compensation', and `additional compensation' (as such
terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act (26 U.S.C. 3304
note)); and
``(B) assistance under section 410 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5177).
``(8) Wages.--The term `wages' has the meaning given such
term in section 3121(a) of the Internal Revenue Code of 1986
for purposes of the taxes imposed by sections 3101(b) and
3111(b) of such Code.
``SEC. 602. EMERGENCY PAID LEAVE BENEFITS.
``(a) In General.--The Commissioner shall pay an emergency paid
leave benefit, to be paid electronically or, if necessary, by mail, to
each eligible individual for each 30-day period beginning and ending in
the benefit period (not to exceed 3) for which the eligible individual
has filed an application containing such certifications as required
under subsection (e).
``(b) Benefit Amount.--
``(1) In general.--Subject to paragraph (2), the amount of
the emergency paid leave benefit to which an individual is
entitled under subsection (a) for a 30-day period shall be an
amount (not to exceed $4,000) equal to \2/3\ of the
individual's average monthly earnings.
``(2) Reduction based on receipt of state or private paid
leave.--The amount of an emergency paid leave benefit to which
an individual is entitled under subsection (a) for a 30-day
period shall be reduced by $1 for each dollar of State or
private paid leave received by the individual for such period.
``(3) Average monthly earnings.--For purposes of this
subsection, an individual's average monthly earnings shall be
equal to the quotient obtained by dividing--
``(A) the total of the wages and self-employment
income received by the individual during the most
recent calendar year preceding an application for an
emergency paid leave benefit under this section for
which data is available to the Commissioner; by
``(B) 12.
``(c) Benefit Period.--For purposes of this section, the benefit
period begins on January 19, 2020, and ends on the date that is 1 year
after the date of enactment of this title.
``(d) Retroactive Benefits.--An application for benefits for any
month beginning and ending in the benefit period may be filed at any
time prior to the date that is 180 days after the end of such benefit
period.
``(e) Application.--
``(1) In general.--An application for an emergency paid
leave benefit under this section for a 30-day period shall
include--
``(A) an attestation by the individual--
``(i) that he or she is an eligible
individual;
``(ii) that at least 14 emergency leave
days with respect to the individual occurred,
or are expected to occur, during such period;
and
``(iii) that the individual has informed
his or her employer of the individual's need to
take emergency leave, if the individual has an
employer.
``(2) Availability.--The Commissioner shall accept
applications online, by telephone, and by mail.
``(3) Authentication of identity.--The Commissioner is
authorized to take such steps as are necessary to authenticate
the identity of applicants.
``(4) Penalties for fraud.--Any fraud or misrepresentation
relating to an application for benefits under this title shall
be treated as a violation of section 208.
``(f) Ineligibility Based on Fraud and Criminal Activity.--
``(1) Ineligibility following certain convictions.--An
individual who has been convicted of a violation under section
208 or who has been found to have used false statements to
secure benefits under this section shall be ineligible for
benefits under this section.
``(2) Ineligibility of prisoners.--An individual shall be
ineligible for a benefit under this section for any 30-day
period with respect to which the individual is an individual
described in clause (i), (ii), or (iii) of section
202(x)(1)(A).
``(g) Review of Eligibility and Benefit Payment Determinations.--
``(1) Burden of proof.--An application for benefits under
this section shall be presumed to be true and accurate, unless
the Commissioner demonstrates by a preponderance of the
evidence that information contained in the application is
false.
``(2) Review.--
``(A) In general.--An individual may request review
of an adverse determination with respect to such
application or of a benefit payment determination and
shall have the same appeals rights as provided under
title II.
``(B) Final determinations.--All final
determinations of the Commissioner under this
subsection shall be reviewable according to the
procedures set out in section 205.
``(3) Program integrity.--The Commissioner shall have the
authority to conduct random sample audits of benefits provided
under this title to ensure compliance with the eligibility
requirements for such benefits.
``(h) Protection of Existing Benefit Rights.--
``(1) In general.--This title does not preempt or supercede
any provision of State or local law that authorizes a State or
local municipality to provide paid leave benefits similar to
the benefits provided under this title.
``(2) Greater benefits allowed.--Nothing in this title
shall be construed to diminish the obligation of an employer to
comply with any contract, collective bargaining agreement, or
any employment benefit program or plan that provides greater
paid leave or other leave rights to employees than the rights
established under this title.
``(i) Reimbursement Grants to States.--Not later than July 1, 2021,
the Secretary of the Treasury, in consultation with the Commissioner of
Social Security, shall make a grant to each State in an amount equal to
the total amount, for all 30-day periods beginning and ending in the
benefit period, by which benefits under this title were reduced under
subsection (b)(2) as a result of State and private paid leave paid by
such State or under the law of such State.
``(j) Applicability of Certain Title II Provisions.--The provisions
of sections 204, 205, 206, and 208 shall apply to benefit payments made
under this section in the same way that such provisions apply to
benefit payments made under title II.
``(k) No Effect on Eligibility for SSI.--Any benefit paid to an
individual under this title shall not be regarded as income or
resources for any month, for purposes of determining the eligibility of
the recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance, under
the Supplemental Security Income program.
``SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION AUTHORITY.
``(a) Funding.--There are appropriated such sums as necessary to
the Commissioner of Social Security to administer and pay benefits
under the program established under this title, and to the Secretary of
the Treasury for reimbursement grants under section 602(i).
``(b) Expedited Implementation Authority.--In order to expedite the
implementation of the emergency paid leave program under this title,
the Commissioner is authorized to waive existing Federal requirements
regarding paperwork reduction, system of records notices, contracting
and acquisitions, and hiring.
``(c) Protection of Existing Employee Rights.--This title does not
preempt or supersede existing collective bargaining agreements.
``SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST FUNDS.
``No funds from the Federal Old-Age and Survivors Insurance Trust
Fund or the Federal Disability Insurance Trust Fund, or appropriated to
the Social Security Administration for the administration of titles II
or XVI, may be used for any purpose under this title.
``SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS.
``No amount received by an individual under this title shall be
included in gross income for purposes of the Internal Revenue Code of
1986.''.
<all>