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To Amend the CARES Act to Place Certain Requirements on Corporations Receiving Federal Aid Related to COVID–19 — 116th Congress, 2d Session

Summary

This is a discussion draft of a bill of the 116th Congress dated June 25, 2020, to amend the CARES Act to place certain requirements on corporations receiving Federal aid related to COVID–19. Section 2 inserts a new section 4030 in the CARES Act, requiring any corporation that receives such aid to maintain at least the same workforce levels and benefits that existed before the COVID–19 emergency declaration, maintain worker pay at or above pre-emergency levels, and not alter any collective bargaining agreement in place on the date of that declaration. The Securities and Exchange Commission would have authority to enforce the section.

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Cite this document

“To Amend the CARES Act to Place Certain Requirements on Corporations Receiving Federal Aid Related to COVID–19 — 116th Congress, 2d Session.” Original at docs.house.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-116pih-spawa-115043255bd2/, SHA-256 115043255bd2489f5d5f50eb043e80962da09297613b17b4c1b1fa263b22e311.

Full text

           G:\CMTE\FS\16\MISC\CARES_REQS.XML




                                                            [DISCUSSION DRAFT]

                                                                       H. R. ll
                               116TH CONGRESS
                                  2D SESSION


                                     To amend the CARES Act to place certain requirements on corporations
                                       receiving Federal aid related to COVID–19, and for other purposes.




                                             IN THE HOUSE OF REPRESENTATIVES

                                  Ml. llllll introduced the following bill; which was referred to the
                                         Committee on llllllllllllll




                                                                         A BILL
                               To amend the CARES Act to place certain requirements
                                  on corporations receiving Federal aid related to COVID–
                                  19, and for other purposes.

                                 1               Be it enacted by the Senate and House of Representa-
                                 2 tives of the United States of America in Congress assembled,
                                 3     SECTION 1. SHORT TITLE.

                                 4               This Act may be cited as the ‘‘Strengthening Protec-
                                 5 tions for America’s Workers Act’’.




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           June 25, 2020 (8:02 p.m.)
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                                                                                          2
                                 1     SEC. 2. REQUIREMENTS ON ALL CORPORATIONS RECEIV-

                                 2                             ING FEDERAL AID RELATED TO COVID–19.

                                 3               (a) IN GENERAL.—The CARES Act (Public Law
                                 4 116–136) is amended by inserting after section 4029 the
                                 5 following:
                                 6     ‘‘SEC. 4030. REQUIREMENTS ON ALL CORPORATIONS RE-

                                 7                             CEIVING FEDERAL AID RELATED TO COVID–

                                 8                             19.

                                 9               ‘‘(a) IN GENERAL.—Any corporation that receives
                               10 Federal aid related to COVID–19 shall, during the cov-
                               11 ered period, comply with the following:
                               12                         ‘‘(1) WORKFORCE LEVELS AND BENEFITS.—
                               13                The corporation shall maintain at least the same
                               14                workforce levels and benefits that existed before the
                               15                COVID–19 emergency declaration.
                               16                         ‘‘(2) MAINTENANCE                           OF   WORKER         PAY.—The

                               17                corporation shall maintain worker (either employee
                               18                or contractor, full-time or part-time) pay throughout
                               19                the entire duration of the covered period at or above
                               20                the pay level the worker was earning before the
                               21                emergency.
                               22                         ‘‘(3) MAINTENANCE                           OF     COLLECTIVE           BAR-

                               23                GAINING AGREEMENTS.—The                                   corporation may not
                               24                alter any collective bargaining agreement that was in
                               25                place on the date of the COVID–19 emergency dec-
                               26                laration.
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           June 25, 2020 (8:02 p.m.)
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                                                                                          3
                                 1               ‘‘(b) ENFORCEMENT; RULEMAKING.—The Securities
                                 2 and Exchange Commission shall have the authority to en-
                                 3 force this section and may issue such rules as may be nec-
                                 4 essary to carry out this section.
                                 5               ‘‘(c) DEFINITIONS.—In this section:
                                 6                        ‘‘(1) COVERED PERIOD.—With respect to a re-
                                 7               ceipt of Federal aid related to COVID–19, the term
                                 8               ‘covered period’ means the period—
                                 9                                 ‘‘(A) beginning on the date such Federal
                               10                         aid is first received; and
                               11                                  ‘‘(B) ending after the 1-year period begin-
                               12                         ning on the later of—
                               13                                          ‘‘(i) the termination date of the emer-
                               14                                  gency declared by the President on March
                               15                                  13, 2020, under section 501(b) of the Rob-
                               16                                  ert T. Stafford Disaster Relief and Emer-
                               17                                  gency Assistance Act (42 U.S.C. 5191(b))
                               18                                  with respect to the coronavirus disease
                               19                                  2019 (COVID–19); or
                               20                                          ‘‘(ii) the date on which all such Fed-
                               21                                  eral aid has been repaid.
                               22                         ‘‘(2) COVID–19 EMERGENCY DECLARATION.—
                               23                The term ‘COVID–19 emergency declaration’ means
                               24                emergency declared on March 13, 2020, by the
                               25                President under the Robert. T. Stafford Disaster


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           June 25, 2020 (8:02 p.m.)
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                                                                                          4
                                 1               Relief and Emergency Assistance Act (42 U.S.C.
                                 2               5121 et seq.) relating to the Coronavirus Disease
                                 3               2019 (COVID-19) pandemic.
                                 4                        ‘‘(3) FEDERAL AID.—The term ‘Federal aid’
                                 5               means any emergency lending provided under section
                                 6               13(3) of the Federal Reserve Act or any Federal fi-
                                 7               nancial support in the form of a grant, loan, or loan
                                 8               guarantee.’’.
                                 9               (b) CLERICAL AMENDMENT.—The table of contents
                               10 in section 2 of the CARES Act is amended by inserting
                               11 after the item relating to section 4029 the following:
                                       ‘‘Sec. 4030. Requirements on all corporations receiving Federal aid related to
                                                       COVID–19.’’.




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           June 25, 2020 (8:02 p.m.)
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