Title: Emergency Paid Leave Act of 2020
Policy area: Labor and Employment

Summary:
Emergency Paid Leave Act of 2020  This bill requires the Social Security Administration (SSA) to provide emergency paid leave during each 30-day period that specified employees take leave due to COVID-19 (i.e., coronavirus disease 2019). Specifically, an employee may apply to SSA for such leave payments if the employee
For each 30-day period, the SSA must pay two-thirds of an eligible employee's average monthly pay to a maximum of $4,000. Emergency paid leave benefits are available for up to 90 days from the period during which an employee first files an application for such leave. Available benefits for emergency paid leave are reduced proportionally by any amount of paid leave an employee receives from a state or employer during each 30-day period.
Further, emergency paid leave benefits are available retroactively from January 19, 2020, until one year from the date of enactment of this bill. The bill also establishes penalties for fraudulent applications and provides for the review of the SSA’s application determinations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6198 Introduced in House (IH)]

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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.''.
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