Congressional Record, Senate, March 18, 2020 — S. Res. 547 and Amendments to H.R. 6201
Summary
Page S1807 of the Senate section of the Congressional Record for March 18, 2020. Senate Resolution 547, submitted by Markey with Jones, Warren, Brown and others, encourages the President to use authorities provided by the Defense Production Act of 1950 to scale up the national response to the coronavirus crisis and was referred to a committee. The resolution's clauses support using title III and title VII authorities of the Act, including loans, loan guarantees, direct purchases, purchase commitments and voluntary agreements. Under Amendments Submitted and Proposed, SA 1556 is an amendment proposed by Paul to the bill making emergency supplemental appropriations for the fiscal year ending September 30, 2020.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate, March 18, 2020 — S. Res. 547 and Amendments to H.R. 6201.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-18-crec-2020-03-18-pt1-pgs1807-3-2e25009b41/
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1807
Whereas, in 2018— SENATE RESOLUTION 547—ENCOUR- (4) supports the use of authorities under
(1) more than 114,000 children 19 years of AGING THE PRESIDENT TO USE title III of the Defense Production Act of 1950
age and younger were treated in an emer- AUTHORITIES PROVIDED BY THE (50 U.S.C. 4531 et seq.) to provide financial in-
gency room due to unintended pediatric poi- centives to manufacturers and suppliers of
DEFENSE PRODUCTION ACT OF
soning; and critical medical equipment, including loans,
1950 TO SCALE UP THE NA- loan guarantees, direct purchases, and pur-
(2) more than 90 percent of those incidents
occurred in the home, most often with blood TIONAL RESPONSE TO THE chase commitments; and
pressure medications, acetaminophen, laun- CORONAVIRUS CRISIS (5) supports the use of authorities under
dry packets, bleach, or sedatives or anti-anx- Mr. MARKEY (for himself, Mr. title VII of the Defense Production Act of
iety medication; JONES, Ms. WARREN, Mr. BROWN, Mr. 1950 (50 U.S.C. 4551 et seq.) to establish vol-
Whereas 70,237 cases of death due to drug BLUMENTHAL, Mrs. SHAHEEN, Mr. BOOK- untary agreements between the Federal Gov-
overdose were reported in the United States ernment and private industry that would
ER, Mr. BENNET, Ms. DUCKWORTH, Mr.
in 2017, and the majority of those cases, ap- allow for the temporary coordination of pro-
proximately 68 percent, involved an opioid;
VAN HOLLEN, Mr. MENENDEZ, Mr. duction of necessary and scarce medical sup-
Whereas the most common medications PETERS, Mr. CARPER, and Ms. SMITH) plies.
that adults call the poison help line about submitted the following resolution;
f
are analgesics, antipsychotics, which was referred to the Committee
antidepressants, and cardiovascular medica- on Banking, Housing, and Urban Af- AMENDMENTS SUBMITTED AND
tions; fairs: PROPOSED
Whereas pain medications— S. RES. 547 SA 1556. Mr. PAUL proposed an amend-
(1) lead the list of the most common sub- Whereas more than 3,800 people in the ment to the bill H.R. 6201, making emer-
stances implicated in adult poison exposures; United States have already tested positive gency supplemental appropriations for the
and for the novel coronavirus across 49 States, fiscal year ending September 30, 2020, and for
(2) are the single most frequent cause of the District of Columbia, and 3 territories, other purposes.
pediatric fatalities reported to the AAPCC; with experts believing the number is already SA 1557. Mr. KENNEDY submitted an
Whereas poison control centers issue guid- much higher; amendment intended to be proposed by him
ance and provide support to individuals, in- Whereas the Centers for Disease Control to the bill H.R. 6201, supra; which was or-
cluding individuals who experience medica- and Prevention have projected that between dered to lie on the table.
tion and dosing errors; 160,000,000 and 214,000,000 people could be in- SA 1558. Mr. JOHNSON (for himself, Mr.
Whereas more than 60 percent of thera- fected by the novel coronavirus in the United TOOMEY, Mr. BRAUN, Mr. SCOTT of Florida,
peutic errors involve individuals 20 years of States over the course of the pandemic; Mr. LEE, Mrs. BLACKBURN, Mr. COTTON, Mr.
age or older, with more than 1⁄2 of those in- Whereas the United States health care sec- CRUZ, Mrs. LOEFFLER, Mr. PERDUE, Mr.
volving patients older than 50 years of age, tor is facing severe shortages of critical sup- SASSE, and Mr. BARRASSO) proposed an
and common errors include drug inter- plies for coronavirus testing and treatment, amendment to the bill H.R. 6201, supra.
actions, incorrect dosing route, incorrect including personal protective equipment for SA 1559. Mrs. MURRAY (for herself, Mrs.
timing of doses, and double doses; staff and infected patients, N95 respirators, GILLIBRAND, and Ms. HARRIS) proposed an
Whereas normal, curious children younger sanitizing materials, ventilators, and test amendment to the bill H.R. 6201, supra.
than 6 years of age— kit supplies; SA 1560. Mr. MORAN submitted an amend-
(1) are in stages of growth and development Whereas the Strategic National Stockpile ment intended to be proposed by him to the
in which they are constantly exploring and contains only a fraction of the supplies that bill H.R. 6201, supra; which was ordered to lie
investigating the world around them; and the Department of Health and Human Serv- on the table.
(2) are often unable to read or recognize ices estimates will be necessary to respond f
warning labels; to the coronavirus crisis, with the stockpile
Whereas the AAPCC— currently holding less than 0.3 percent of the TEXT OF AMENDMENTS
(1) engages in community outreach by edu- amount of respirators estimated to be nec- SA 1556. Mr. PAUL proposed an
cating the public on poison safety and poi- essary; amendment to the bill H.R. 6201, mak-
soning prevention; and Whereas the President has the existing au- ing emergency supplemental appropria-
(2) provides educational resources, mate- thority under the Defense Production Act of
rials, and guidelines to educate the public on tions for the fiscal year ending Sep-
1950 (50 U.S.C. 4501 et seq.) to take immediate
poisoning prevention; action to mobilize United States industry for tember 30, 2020, and for other purposes;
Whereas individuals can reach a poison emergency preparedness activities conducted as follows:
control center from anywhere in the United pursuant to title VI of the Robert T. Stafford At the appropriate place, insert the fol-
States by calling the poison help line at 1- Disaster Relief and Emergency Assistance lowing:
800-222-1222; Act (42 U.S.C. 5195 et seq.), which has been SEC. lll. SOCIAL SECURITY NUMBER REQUIRE-
Whereas, despite regulations of the Con- previously used to respond to public health MENT FOR CHILD TAX CREDIT.
sumer Product Safety Commission requiring hazards; and (a) IN GENERAL.—Paragraph (1) of section
that a child-resistant package be designed or Whereas the President issued a national 24(e) of the Internal Revenue Code of 1986 is
constructed to be significantly difficult for emergency declaration relating to the novel amended to read as follows:
children under 5 years of age to open, or ob- coronavirus under section 501(b) of the Rob- ‘‘(1) SOCIAL SECURITY NUMBER REQUIRED.—
tain a harmful amount of the contents, with- ert T. Stafford Disaster Relief and Emer- No credit shall be allowed under this section
in a reasonable time, children can still get gency Assistance Act (42 U.S.C. 5191(b)) on to a taxpayer with respect to any qualifying
into child-resistant packages; and March 13, 2020: Now, therefore, be it child unless the taxpayer includes the social
Whereas, each year during National Poison Resolved, That the Senate— security number of such child on the return
Prevention Week, the Federal Government (1) calls on the President to use existing of tax for the taxable year. For purposes of
assesses the progress made by the Federal authorities under the Defense Production the preceding sentence, the term ‘social se-
Government in saving lives and reaffirms the Act of 1950 (50 U.S.C. 4501 et seq.) to mas- curity number’ means a social security num-
national commitment of the Federal Govern- sively and quickly ramp up production in the ber issued to an individual by the Social Se-
ment to preventing injuries and deaths from United States of medical supplies, including curity Administration, but only if the social
poisoning: Now, therefore, be it personal protective equipment, needed to re- security number is issued—
Resolved, That the Senate— spond to the ongoing public health emer- ‘‘(A) to a citizen of the United States or
(1) recognizes the week of March 15 gency driven by the spread of the novel pursuant to subclause (I) (or that portion of
through March 21, 2020, as ‘‘National Poison coronavirus; subclause (III) that relates to subclause (I))
Prevention Week’’; (2) urges the President to prioritize the use of section 205(c)(2)(B)(i) of the Social Secu-
(2) expresses gratitude for the people who of those authorities to produce and secure rity Act, and
operate or support poison control centers in additional personal protective equipment, ‘‘(B) before the due date for such return.’’.
their local communities; test kit supplies, respirators, ventilators, (b) CONFORMING AMENDMENTS.—
(3) supports efforts and resources to pro- and sanitizing materials for use within the (1) Subsection (h) of section 24 of such Code
vide poison prevention guidance or emer- health care sector in the United States; is amended—
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gency assistance in response to poisonings; (3) supports the use of authorities under (A) by striking ‘‘paragraph (7)’’ in para-
and title I of the Defense Production Act of 1950 graph (4)(C) and inserting ‘‘subsection
(4) encourages— (50 U.S.C. 4511 et seq.) to allocate and control (e)(1)’’,
(A) the people of the United States to edu- the distribution of medical materials needed (B) by striking paragraph (7), and
cate their communities and families about for testing and treating the novel (C) by striking ‘‘(2) through (7)’’ in para-
poison safety and poisoning prevention; and coronavirus, including by directing suppliers graph (1) and inserting ‘‘(2) through (6)’’.
(B) health care providers to practice and to prioritize and accept government con- (2) Section 6213(g)(2)(I) of such Code is
promote poison safety and poisoning preven- tracts to restock the Strategic National amended by striking ‘‘TIN’’ and inserting
tion. Stockpile where necessary; ‘‘social security number’’.
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S1808 CONGRESSIONAL RECORD — SENATE March 18, 2020
(c) EFFECTIVE DATE.—The amendments (1) it is the intention of Congress and the section that are above and beyond the bene-
made by this section shall apply to taxable administration to provide immediate finan- fits currently provided under each State’s
years beginning after the date of the enact- cial support to workers who will be idled and current unemployment insurance law for
ment of this Act. lose pay and benefits because of COVID-19; benefits paid under this program; and
SEC. lll. TRANSFER AUTHORITY. (2) Federally mandated sick pay and paid (2) reimburse any employer who employs
(a) IN GENERAL.—Notwithstanding any family leave will prompt some employers fewer than 500 employees and who volun-
other provision of law, the President may who cannot afford this mandate to preemp- tarily provides paid leave to an employee for
transfer, as necessary and without limita- tively terminate the employment of workers the reasons described in subsection (a) an
tion, amounts from any account in the they no longer have work for due to cir- amount equal to two-thirds of the actual
Treasury to any other account in the Treas- cumstances surrounding COVID-19; payment made up to $1,000 per week and not
ury being used for the purpose of combating, (3) even without that negative incentive, to exceed $10,000 per employee.
addressing, or ameliorating the coronavirus the COVID-19 will cause many Americans to (g) NATIONAL UNEMPLOYMENT RATE.—For
pandemic. lose their jobs, and not be eligible for Feder- purposes of calculating the National unem-
(b) CONGRESSIONAL NOTIFICATION.—The ally mandated sick pay or family and med- ployment rate, the Bureau of Labor Statis-
President shall submit to Congress, on each ical leave, so the only income support will be tics of the Department of Labor shall not in-
of the following dates, a notification detail- unemployment insurance; and clude workers obtaining temporary emer-
ing each transfer made under subsection (a) (4) it would be more efficient to administer gency Federal coronavirus unemployment
during the time period preceding the notifi- this Federal financial support for workers insurance benefits.
cation: using only one, rather than two or more pro- (h) REGULATORY AUTHORITIES.—
(1) July 1, 2020. grams. (1) LABOR.—The Secretary of Labor (or the
(2) October 1, 2020. SEC. ll. TEMPORARY EMERGENCY FEDERAL Secretary’s delegate) shall prescribe such
(3) January 1, 2021. CORONAVIRUS UNEMPLOYMENT IN- regulations or other guidance as may be nec-
(c) EXPIRATION.—The transfer authority in SURANCE BENEFIT PROGRAM. essary to carry out the purposes of this sec-
subsection (a) shall expire on December 31, (a) IN GENERAL.—In order to receive the tion.
2020. credit against the Federal Unemployment (2) TREASURY.—The Secretary of Treasury
SEC. lll. TERMINATION OF UNITED STATES Tax Act (26 U.S.C. 23), States shall provide (or the Secretary’s delegate) shall prescribe
MILITARY OPERATIONS AND RECON- temporary emergency Federal coronavirus such regulations or other guidance as may be
STRUCTION ACTIVITIES IN AFGHANI- unemployment insurance benefits to any in- necessary to carry out the purpose of this
STAN. dividual who has worked for pay at any time section.
(a) TERMINATION.—Military operations of in the last 30 days and who for any calendar (i) SUNSET.—The temporary emergency
the United States Armed Forces and recon- day is not able to engage in employment due Federal coronavirus unemployment insur-
struction activities of the United States to any of the following reasons: ance benefit program under this section shall
Government in Afghanistan are hereby ter- (1) The individual is subject to a Federal, expire on the earlier of the date of the termi-
minated. State, or local quarantine or isolation order nation of the national emergency declared
(b) DEADLINE FOR COMPLETE CESSATION.— related to COVID-19. by the President under the National Emer-
Not later than December 31, 2020— (2) The individual has been advised by a gencies Act (50 U.S.C. 1601 et seq.) with re-
(1) all United States Armed Forces shall be health care provider to self-quarantine due spect to the Coronavirus Disease 2019
removed from Afghanistan; and to concerns related to COVID-19. (COVID-19) or December 31, 2020.
(2) all reconstruction activities of the (3) The individual is experiencing symp-
United States Government in Afghanistan toms of COVID-19 and seeking medical diag- SA 1559. Mrs. MURRAY (for herself,
shall be wound up. nosis; Mrs. GILLIBRAND, and Ms. HARRIS) pro-
(c) PROHIBITION ON USE OF FUNDS.—Appro- (4) The individual is caring for an indi- posed an amendment to the bill H.R.
priated funds may not be obligated or ex- vidual who is subject to an order as described
pended in connection with military oper-
6201, making emergency supplemental
in paragraph (1) or has been advised as de- appropriations for the fiscal year end-
ations and reconstruction activities de- scribed in paragraph (2);
scribed in subsection (a) after December 31, (5) The individual is caring for a son or
ing September 30, 2020, and for other
2020. daughter under the age of 18 years of such in- purposes; as follows:
dividual if the school or place of care of the At the appropriate place, insert the fol-
SA 1557. Mr. KENNEDY submitted an son or daughter has been closed, or the child lowing:
amendment intended to be proposed by care provider of such son of daughter is un- DIVISION ll—PAID SICK TIME AND PAID
him to the bill H.R. 6201, making emer- available, due to COVID-19 precautions. LEAVE
gency supplemental appropriations for (6) The individual is subject to a temporary SECTION l001. SHORT TITLE.
the fiscal year ending September 30, lay-off under section 604.5(a)(3) of title 20, This division may be cited as the ‘‘Pro-
2020, and for other purposes; which was Code of Federal Regulations, due to COVID- viding Americans Insured Days of Leave Act
ordered to lie on the table; as follows: 19. of 2020’’.
(b) WAITING PERIOD.—States shall not re-
At the appropriate place in division A, in- TITLE I—GENERAL PROVISIONS
quire any waiting period in order to receive
sert the following: benefits for those individuals described in SEC. l101. ADJUSTMENT TO THE FAMILIES FIRST
TITLE lll subsection (a). CORONAVIRUS RESPONSE ACT.
DEPARTMENT OF ENERGY (c) BENEFITS.— Notwithstanding any other provision of
(1) IN GENERAL.—States shall pay benefits this Act, divisions, C, E, and G shall have no
SPR PETROLEUM ACCOUNT force or effect.
to those individuals described in subsection
For an additional amount for the SPR Pe- TITLE II—IMMEDIATE REIMBURSEMENT
(a) on a weekly basis for each calendar day
troleum Account established under section OF EMPLOYERS FOR PAID SICK DAYS
an individual is not able to engage in em-
167(a) of the Energy Policy and Conservation AND PAID LEAVE FOR PUBLIC HEALTH
ployment for up to 14 weeks.
Act (42 U.S.C. 6247(a)), $3,000,000,000, to be de- EMERGENCIES
(2) CALCULATION.—
rived by transfer from the amounts provided
(A) AMOUNT.—The weekly benefit shall be SEC. l201. IMMEDIATE REIMBURSEMENT OF EM-
by section 129(a) of the Consolidated Secu-
the lesser of— PLOYERS FOR PAID SICK DAYS AND
rity, Disaster Assistance, and Continuing PAID LEAVE FOR PUBLIC HEALTH
(i) two-thirds of the individual’s average
Appropriations Act, 2009 (Public Law 110–329; EMERGENCIES.
weekly earnings; or
122 Stat. 3578), to remain available until Sep- (a) DEFINITIONS.—In this title, the terms
(ii) $1,000.
tember 30, 2020. ‘‘covered individual’’, ‘‘employer’’, ‘‘paid
(B) DETERMINATIONS.—The amount of an
individual’s average weekly earnings shall be sick time’’, and ‘‘Secretary’’ have the mean-
SA 1558. Mr. JOHNSON (for himself, ings given the terms in section l301.
determined by the State.
Mr. TOOMEY, Mr. BRAUN, Mr. SCOTT of (d) RETROACTIVE APPLICATION.—States (b) GENERAL AUTHORITY.—
Florida, Mr. LEE, Mrs. BLACKBURN, Mr. shall make temporary emergency Federal (1) REIMBURSEMENT.—An employer of a
COTTON, Mr. CRUZ, Mrs. LOEFFLER, Mr. coronavirus unemployment insurance bene- covered individual who uses paid sick time
PERDUE, Mr. SASSE, and Mr. BARRASSO) fits under this section retroactively avail- or emergency paid leave under title III dur-
proposed an amendment to the bill able to March 1, 2020. ing 2020 or 2021 shall be reimbursed by the
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H.R. 6201, making emergency supple- (e) WORK REQUIREMENTS.—Individuals re- Secretary of the Treasury out of the Treas-
ceiving temporary emergency Federal ury of the United States for the wages paid
mental appropriations for the fiscal to the covered individual for the period dur-
coronavirus unemployment insurance bene-
year ending September 30, 2020, and for fits under this section shall not be required ing which the covered individual used the
other purposes; as follows: to search for work. paid sick time or emergency paid leave.
Strike divisions C, E, and G. (f) FEDERAL REIMBURSEMENTS.—The Fed- (2) PROCESS.—
At the end of division D, add the following: eral government shall— (A) INFORMATION.—To be eligible to receive
SEC. ll. SENSE OF CONGRESS. (1) reimburse States for the full cost of such reimbursement, the employer shall sub-
It is the sense of Congress that— complying with the requirements under this mit to the Secretary of Labor an affidavit
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1809
that attests that the employer provided such (29 U.S.C. 203(e)), who is not covered under 3(a) of the Fair Labor Standards Act of 1938
paid sick time or emergency paid leave, and subparagraph (E), except that a reference in (29 U.S.C. 203(a)).
related records showing the period of and such section to an employer shall be consid- (C) PREDECESSORS.—Any reference in this
wages associated with the paid sick time or ered to be a reference to an employer de- paragraph to an employer shall include a ref-
emergency paid leave. scribed in clauses (i)(I) and (ii) of paragraph erence to any predecessor of such employer.
(B) DETERMINATION.—The Secretary shall (6)(A); or (7) EMPLOYMENT BENEFITS.—The term ‘‘em-
review the information in the affidavit and (ii) an employee of the Government Ac- ployment benefits’’ means all benefits pro-
records and come to a determination regard- countability Office; vided or made available to covered individ-
ing the validity of such information within 5 (B) a State employee described in section uals by an employer, including group life in-
business days after receipt. If the Secretary 304(a) of the Government Employee Rights surance, health insurance, disability insur-
does not make a determination within the 5- Act of 1991 (42 U.S.C. 2000e–16c(a)); ance, sick leave, annual leave, educational
business-day period, on the sixth business (C) a covered employee, as defined in sec- benefits, and pensions, regardless of whether
day after receipt of such information the tion 101 of the Congressional Accountability such benefits are provided by a practice or
Secretary shall be deemed to have deter- Act of 1995 (2 U.S.C. 1301), other than an ap- written policy of an employer or through an
mined the information to be valid. plicant for employment; ‘‘employee benefit plan’’, as defined in sec-
(C) REIMBURSEMENT.—Upon the Secretary’s (D) a covered employee, as defined in sec- tion 3(3) of the Employee Retirement Income
determination that the information is valid tion 411(c) of title 3, United States Code; or Security Act of 1974 (29 U.S.C. 1002(3)).
and that the employer provided an amount (E) a Federal officer or employee covered (8) FLSA TERMS.—The terms ‘‘employ’’ and
of such paid sick time or emergency paid
under subchapter V of chapter 63 of title 5, ‘‘State’’ have the meanings given the terms
leave to a covered individual, the Secretary
United States Code, or any other individual in section 3 of the Fair Labor Standards Act
shall transmit the determination, affidavit,
occupying a position in the civil service (as of 1938 (29 U.S.C. 203).
and records to the Secretary of the Treasury,
that term is defined in section 2102(1) of title (9) HEALTH CARE PROVIDER.—The term
and the Secretary of the Treasury shall pro-
5, United States Code). ‘‘health care provider’’ means a provider
vide timely reimbursement out of the Treas-
(6) EMPLOYER.— who—
ury of the United States. The Secretary of
(A) IN GENERAL.—The term ‘‘employer’’ (A)(i) is a doctor of medicine or osteopathy
the Treasury shall provide that reimburse-
ment not later than 2 business days after re- means a person who is— who is authorized to practice medicine or
ceipt of the determination from the Sec- (i)(I) a covered employer, as defined in sub- surgery (as appropriate) by the State in
retary of Labor. paragraph (B), who is not covered under sub- which the doctor practices; or
(c) FRAUD.—The Secretary of Labor and clause (V); (ii) is any other person determined by the
the Secretary of the Treasury shall both (II) an entity employing a State employee Secretary to be capable of providing health
have authority to investigate fraud under described in section 304(a) of the Government care services; and
this section and to seek recovery of fraudu- Employee Rights Act of 1991; (B) is not employed by an employer for
lently obtained funds and related penalties (III) an employing office, as defined in sec- whom the provider issues certification under
in any court of competent jurisdiction. tion 101 of the Congressional Accountability this title.
TITLE III—PAID SICK DAYS AND PAID Act of 1995; (10) PAID SICK TIME.—The term ‘‘paid sick
LEAVE FOR PUBLIC HEALTH EMER- (IV) an employing office, as defined in sec- time’’ means an increment of compensated
GENCIES tion 411(c) of title 3, United States Code; or leave that—
(V) an employing agency covered under (A) can be—
SEC. l301. DEFINITIONS.
subchapter V of chapter 63 of title 5, United (i) earned by a covered individual for use
In this title:
States Code; and during an absence from employment or work
(1) CHILD.—The term ‘‘child’’ means a bio-
(ii) engaged in commerce (including gov- for a reason described in any paragraph of
logical, foster, or adopted child, a stepchild,
a child of a domestic partner, a legal ward, ernment), or an industry or activity affect- section l302(b); or
or a child of a person standing in loco ing commerce (including government), as de- (ii) provided by an employer during a pub-
parentis. fined in subparagraph (B)(iii). lic health emergency for use during an ab-
(2) COVERED INDIVIDUAL.—The term ‘‘cov- (B) COVERED EMPLOYER.— sence from employment or work for a reason
ered individual’’ means an individual who (i) IN GENERAL.—In subparagraph (A)(i)(I), described in any paragraph of section
is— the term ‘‘covered employer’’— l302(b); and
(A) an employee; or (I) means any person engaged in commerce (B) is compensated at a rate that is not
(B) an individual performing any services or in any industry or activity affecting com- less than the greatest of—
or labor for remuneration for an employer, merce who employs 1 or more employees; (i) the covered individual’s regular rate of
regardless of whether the individual is clas- (II) includes— pay;
sified as an independent contractor by the (aa) any person who acts directly or indi- (ii) the minimum wage rate provided for in
employer. rectly in the interest of (within the meaning section 6(a)(1) of the Fair Labor Standards
(3) DOMESTIC PARTNER.— of section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(A) IN GENERAL.—The term ‘‘domestic part- Act of 1938 (29 U.S.C. 203(d)) an employer in (iii) the minimum wage rate provided for
ner’’, with respect to an individual, means relation to any of the employees of such em- in the applicable State or local law for the
another individual with whom the individual ployer; and State or locality in which the covered indi-
is in a committed relationship. (bb) any successor in interest of an em- vidual is employed or works.
(B) COMMITTED RELATIONSHIP DEFINED.— ployer; (11) PARENT.—The term ‘‘parent’’ means a
The term ‘‘committed relationship’’ means a (III) includes any ‘‘public agency’’, as de- biological, foster, or adoptive parent of a
relationship between 2 individuals, each at fined in section 3(x) of the Fair Labor Stand- covered individual, a stepparent of a covered
least 18 years of age, in which each indi- ards Act of 1938 (29 U.S.C. 203(x)); and individual, a parent-in-law of a covered indi-
vidual is the other individual’s sole domestic (IV) includes the Government Account- vidual, a parent of a domestic partner of a
partner and both individuals share responsi- ability Office. covered individual, or a legal guardian or
bility for a significant measure of each oth- (ii) PUBLIC AGENCY.—For purposes of sub- other person who stood in loco parentis to a
er’s common welfare. The term includes any clause (III) or (IV) of clause (i), a public covered individual when the covered indi-
such relationship between 2 individuals, in- agency shall be considered to be a person en- vidual was a child.
cluding individuals of the same sex, that is gaged in commerce or in an industry or ac- (12) PUBLIC HEALTH EMERGENCY.—The term
granted legal recognition by a State or polit- tivity affecting commerce. ‘‘public health emergency’’ means—
ical subdivision of a State as a marriage or (iii) DEFINITIONS.—For purposes of this sub- (A) a public health emergency—
analogous relationship, including a civil paragraph: (i) declared by the Secretary of Health and
union or domestic partnership. (I) COMMERCE.—The terms ‘‘commerce’’ Human Services for a jurisdiction, or by a
(4) DOMESTIC VIOLENCE.—The term ‘‘domes- and ‘‘industry or activity affecting com- State or local public health official with au-
tic violence’’ has the meaning given the term merce’’ mean any activity, business, or in- thority to declare such an emergency for the
in section 40002(a) of the Violence Against dustry in commerce or in which a labor dis- State or jurisdiction within the State; and
Women Act of 1994 (34 U.S.C. 12291(a)), except pute would hinder or obstruct commerce or (ii) due to a public health condition that
that the reference in such section to the the free flow of commerce, and include is—
term ‘‘jurisdiction receiving grant monies’’ ‘‘commerce’’ and any ‘‘industry affecting (I) emergent and acute;
SSpencer on DSKBBXCHB2PROD with SENATE
shall be deemed to mean the jurisdiction in commerce’’, as defined in paragraphs (1) and (II) not a longstanding, chronic public
which the victim lives or the jurisdiction in (3) of section 501 of the Labor Management health condition; and
which the employer involved is located. Such Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (B) an emergency with respect to
term also includes dating violence, as that (II) EMPLOYEE.—The term ‘‘employee’’ has coronavirus, as defined in section 506 of the
term is defined in such section. the same meaning given such term in section Coronavirus Preparedness and Response Sup-
(5) EMPLOYEE.—The term ‘‘employee’’ 3(e) of the Fair Labor Standards Act of 1938 plemental Appropriations Act, 2020 (Public
means an individual who is— (29 U.S.C. 203(e)). Law 116–123), declared by a Federal, State, or
(A)(i) an employee, as defined in section (III) PERSON.—The term ‘‘person’’ has the local public official.
3(e) of the Fair Labor Standards Act of 1938 same meaning given such term in section (13) QUALIFIED CAREGIVING.—
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S1810 CONGRESSIONAL RECORD — SENATE March 18, 2020
(A) IN GENERAL.—The term ‘‘qualified be entitled to use the earned paid sick time public official with jurisdiction, or at the
caregiving’’ means any activity engaged in beginning on the 60th calendar day following employer’s discretion, due to a public health
by an individual, other than regular employ- commencement of the covered individual’s emergency.
ment, for a reason for which an eligible em- employment or work. After that 60th cal- (4) An absence because a Federal or State
ployee would be entitled to leave under sub- endar day, the covered individual may use public official with jurisdiction or a health
paragraphs (A) through (E) of paragraph (1) the paid sick time as the time is earned. An care provider has determined, or the covered
of section 102(a) of the Family and Medical employer may, at the discretion of the em- individual has independently determined,
Leave Act of 1993 (29 U.S.C. 2612(a)). ployer, loan paid sick time to a covered indi- that the covered individual’s presence in the
(B) DETERMINATION OF WHETHER AN ACTIV- vidual for use by such covered individual in community may jeopardize the health of
ITY CONSTITUTES QUALIFIED CAREGIVING.—For advance of the covered individual earning others because of the covered individual’s ex-
purposes of determining whether an activity such sick time as provided in this subsection posure to a communicable disease during a
engaged in by an individual constitutes and may permit use before the 60th day of public health emergency or the exhibition of
qualified caregiving under subparagraph employment or work. symptoms of a communicable disease during
(A)— (B) PUBLIC HEALTH EMERGENCY.—Subpara- a public health emergency, regardless of
(i) the term ‘‘spouse’’ (as used in section graph (A) shall not apply with respect to ad- whether the covered individual has actually
102(a) of the Family and Medical Leave Act ditional paid sick time provided under sub- contracted the communicable disease.
(29 U.S.C. 2612(a))) includes the individual’s section (c). In the event of a public health (5) An absence for the purpose of caring for
domestic partner; and emergency, a covered individual may imme- a child, a parent, a spouse, a domestic part-
(ii) the term ‘‘son or daughter’’ (as used in diately use the accrued or additional paid ner, or any other individual related by blood
such section) includes a son or daughter (as sick time described in subsection (c), regard- or affinity whose close association with the
defined in section 101 of such Act (29 U.S.C. less of how long the covered individual has covered individual is the equivalent of a fam-
2611) of the individual’s domestic partner. been employed by or working for an em- ily relationship—
(14) SECRETARY.—The term ‘‘Secretary’’ ployer. (A) who has any of the conditions or needs
means the Secretary of Labor. (4) CARRYOVER.— for diagnosis or care described in paragraph
(15) SEXUAL ASSAULT.—The term ‘‘sexual (A) IN GENERAL.—Except as provided in (4);
assault’’ has the meaning given the term in subparagraph (B), paid sick time earned (B) who is a child, if the child’s school or
section 40002(a) of the Violence Against under this subsection shall carry over from 1 place of care has been closed by order of a
Women Act of 1994 (34 U.S.C. 12291(a)). year to the next. Federal or State public official with jurisdic-
(16) SPOUSE.—The term ‘‘spouse’’, with re- (B) CONSTRUCTION.—This subsection shall tion or at the discretion of the school or
spect to a covered individual, has the mean- not be construed to require an employer to place of care due to a public health emer-
ing given such term by the marriage laws of permit a covered individual to earn more gency, including if a school or entity oper-
the State in which the marriage was cele- than 56 hours of earned paid sick time at a ating the place of care is physically closed
brated. given time. but is providing education or care to the
(17) STALKING.—The term ‘‘stalking’’ has (5) EMPLOYERS WITH EXISTING POLICIES.— child remotely; or
the meaning given the term in section Any employer with a paid leave policy who (C) because a Federal or State public offi-
40002(a) of the Violence Against Women Act makes available an amount of paid leave
cial with jurisdiction or a health care pro-
of 1994 (34 U.S.C. 12291(a)). that is sufficient to meet the requirements
vider has determined that the presence in
(18) VICTIM SERVICES ORGANIZATION.—The of this subsection and that may be used for
the community of the person receiving care
term ‘‘victim services organization’’ means a the same purposes and under the same condi-
may jeopardize the health of others because
nonprofit, nongovernmental organization tions as the purposes and conditions outlined
of the person’s exposure to a communicable
that provides assistance to victims of domes- in subsection (b) shall not be required to per-
disease during a public health emergency, re-
tic violence, sexual assault, or stalking or mit a covered individual to earn more paid
gardless of whether the person has actually
advocates for such victims, including a rape sick time under this subsection.
contracted the communicable disease.
crisis center, an organization carrying out a (6) CONSTRUCTION.—Nothing in this section
(6) An absence for the purpose of caring for
domestic violence, sexual assault, or stalk- shall be construed as requiring financial or
ing prevention or treatment program, an or- other reimbursement to a covered individual a child, a parent, a spouse, a domestic part-
ganization operating a shelter or providing from an employer upon the covered individ- ner, or any other individual related by blood
counseling services, or a legal services orga- ual’s termination, resignation, retirement, or affinity whose close association with the
nization or other organization providing as- or other separation from employment or covered individual is the equivalent of a fam-
sistance through the legal process. work for paid sick time that has not been ily relationship—
(19) WORK.—The term ‘‘work’’ means to be used. (A) who has any of the conditions or needs
employed or to be engaged in providing labor (7) REINSTATEMENT.—If a covered indi- for diagnosis or care described in paragraph
or services for an employer. vidual is separated from employment or (1) or (2);
SEC. l302. PAID SICK TIME AND EMERGENCY work with an employer and is rehired or re- (B) who is a child, if the covered individual
PAID LEAVE. engaged for work, within 12 months after is required to attend a school meeting or a
(a) EARNING OF PAID SICK TIME.— that separation, by the same employer, the meeting at a place where the child is receiv-
(1) IN GENERAL.— employer shall reinstate the covered individ- ing care necessitated by the child’s health
(A) EARNING.—Subject to subsection (c) ual’s previously earned paid sick time under condition or disability; or
and paragraph (2), an employer shall provide this subsection. The covered individual shall (C) who is otherwise in need of care.
each covered individual employed by or be entitled to use the earned paid sick time (7) An absence resulting from domestic vio-
working for the employer not less than 1 and earn more paid sick time at the re- lence, sexual assault, or stalking, if the time
hour of earned paid sick time for every 30 commencement of employment or work with is to—
hours worked, to be used as described in sub- the employer. (A) seek medical attention for the covered
section (b). (8) PROHIBITION.—An employer may not re- individual or the covered individual’s child,
(B) LIMIT.—An employer shall not be re- quire, as a condition of providing paid sick parent, spouse, domestic partner, or an indi-
quired to permit a covered individual to time under this title, that the covered indi- vidual related to the covered individual as
earn, under this subsection, more than 56 vidual involved search for or find a replace- described in paragraph (6), to recover from
hours of paid sick time in a year, unless the ment covered individual to cover the hours physical or psychological injury or disability
employer chooses to set a higher limit. during which the covered individual is using caused by domestic violence, sexual assault,
(2) EXEMPT EMPLOYEES.— paid sick time. or stalking;
(A) IN GENERAL.—Except as provided in (9) SCHEDULING.—A covered individual shall (B) obtain or assist a related person de-
paragraph (3), for purposes of this sub- make a reasonable effort to schedule a pe- scribed in paragraph (6) in obtaining services
section, an employee who is exempt from riod of accrued paid sick time under this sub- from a victim services organization;
overtime requirements under section 13(a)(1) section in a manner that does not unduly (C) obtain or assist a related person de-
of the Fair Labor Standards Act of 1938 (29 disrupt the operations of the employer. scribed in paragraph (6) in obtaining psycho-
U.S.C. 213(a)(1)) shall be assumed to work 40 (b) USES.—Paid sick time or emergency logical or other counseling;
hours in each workweek. paid leave under this section may be used by (D) seek relocation; or
(B) SHORTER NORMAL WORKWEEK.—If the a covered individual for any of the following: (E) take legal action, including preparing
normal workweek of such an employee is less (1) An absence resulting from a physical or for or participating in any civil or criminal
legal proceeding related to or resulting from
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than 40 hours, the employee shall earn paid mental illness, injury, or medical condition
sick time under this subsection based upon of the covered individual. domestic violence, sexual assault, or stalk-
that normal workweek. (2) An absence resulting from obtaining ing.
(3) DATES FOR BEGINNING TO EARN PAID SICK professional medical diagnosis or care, or (c) ADDITIONAL PAID SICK TIME FOR PUBLIC
TIME AND USE.— preventive medical care, for the covered in- HEALTH EMERGENCY.—
(A) IN GENERAL.—Covered individuals shall dividual. (1) ADDITIONAL PAID SICK TIME.—On the
begin to earn paid sick time under this sub- (3) An absence resulting from the closure date of a declaration of a public health emer-
section at the commencement of their em- of a covered individual’s place of employ- gency, an employer in the jurisdiction in-
ployment or work. A covered individual shall ment or work by order of a Federal or State volved shall provide each covered individual
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1811
of the employer in that jurisdiction with ad- (a)(5)) and in addition to additional paid sick or (6) of subsection (b) be supported by a cer-
ditional paid sick time, in addition to any time under subsection (c). tification issued by the health care provider
amount of paid sick time accrued by the cov- (2) AMOUNT OF PAID LEAVE.—In receiving of the covered individual or of an individual
ered individual under subsection (a) (includ- emergency paid leave under paragraph (1), described in subsection (b)(6), as appropriate,
ing paid leave referred to in subsection the covered individual shall receive 12 weeks if the period of such time covers more than
(a)(5)). of such paid leave. 3 consecutive workdays.
(2) AMOUNT OF PAID SICK TIME.—In receiving (3) AMOUNT OF BENEFIT.—In receiving emer- (ii) TIMELINESS.—The covered individual
additional paid sick time under paragraph gency paid leave under paragraph (1), the shall provide a copy of such certification to
(1), the covered individual shall receive— covered individual shall be compensated at a the employer in a timely manner, not later
(A) for a full-time salaried covered indi- rate that is not less than the greatest of—
than 30 days after the first day of the period
vidual, a specified amount of paid sick time (A) two-thirds of the covered individual’s
of time. The employer shall not delay the
that is sufficient to provide the covered indi- regular rate of pay;
commencement of the period of time on the
vidual with 14 continuous days away from (B) the minimum wage rate provided for in
section 6(a)(1) of the Fair Labor Standards basis that the employer has not yet received
work without a reduction in pay; and
Act of 1938 (29 U.S.C. 206(a)(1)); or the certification.
(B) subject to paragraph (3), for a part-
(C) the minimum wage rate provided for in (B) SUFFICIENT CERTIFICATION.—
time, hourly, or piece-rate covered indi-
the applicable State or local law for the (i) IN GENERAL.—A certification provided
vidual, a specified amount of paid sick time
State or locality in which the covered indi- under subparagraph (A) shall be sufficient if
equal to the number of hours that the cov-
ered individual was scheduled to work or, if vidual is employed or working. it states—
not so scheduled, regularly works in a 14-day (4) USE OF LEAVE.—The emergency paid (I) the date on which the period of time
period. leave described in this subsection shall be will be needed;
(3) VARYING SCHEDULE HOURS CALCULA- available for immediate use by the covered (II) the probable duration of the period of
TION.— individual for the purposes described in any time;
(A) IN GENERAL.—In the case of a part- paragraph of subsection (b), and for qualified (III) the appropriate medical facts within
time, hourly, or piece-rate covered indi- caregiving, beginning on the date a public the knowledge of the health care provider re-
vidual described in paragraph (2)(B) whose health emergency is declared, regardless of garding the condition involved, subject to
schedule varies from week to week to such how long the covered individual has been em- clause (ii); and
an extent that an employer is unable to de- ployed by or working for an employer. (IV)(aa) for purposes of paid sick time
termine with certainty the number of hours (5) PERIODS.—A covered individual may under subsection (b)(1), a statement that ab-
the covered individual regularly works, the take the emergency paid leave on the sched- sence from work is medically necessary;
employer shall use the rules specified in sub- ule that meets the covered individual’s (bb) for purposes of such time under sub-
paragraph (B) to calculate the amount of ad- needs, consistent with subsection (b) and the section (b)(2), the dates on which testing for
ditional paid sick time that the covered indi- definition of qualified caregiving, including a medical diagnosis or care is expected to be
vidual shall receive under paragraph (2)(B). taking the emergency paid leave intermit- given and the duration of such testing or
(B) SPECIAL CALCULATION RULES.—The em- tently or on a reduced leave schedule, and an care; and
ployer shall calculate that amount as— employer may not require a covered indi- (cc) for purposes of such time under sub-
vidual to take the emergency paid leave in a
(i) subject to clause (ii), a number equal to section (b)(6), in the case of time to care for
single period or on any other schedule speci-
the average number of hours that the cov- someone who is not a child, a statement that
fied by the employer.
ered individual was scheduled to work per 14- care is needed for an individual described in
(6) SEQUENCING.—During a public health
day period over the 6-month period ending on such subsection, and an estimate of the
emergency, a covered individual may first
the date on which the covered individual amount of time that such care is needed for
use the additional sick time for the purposes
takes such additional paid sick time, includ- such individual.
described in any paragraph of subsection (b).
ing hours for which the covered individual (ii) LIMITATION.—In issuing a certification
The covered individual may then use the
took leave of any type; or under subparagraph (A), a health care pro-
emergency paid leave during a public health
(ii) if the covered individual did not work emergency. A covered individual may elect vider shall make reasonable efforts to limit
over such 6-month period, the reasonable ex- to use accrued sick time before additional the medical facts described in clause (i)(III)
pectation of the covered individual at the sick time or emergency paid leave. An em- that are disclosed in the certification to the
time of hiring or engagement of the average ployer may not require a covered individual minimum necessary to establish a need for
number of hours per 14-day period that the to use accrued sick time or any other paid the covered individual to utilize paid sick
covered individual would regularly be sched- leave provided by the employer to the cov- time.
uled to work. ered individual, before using additional sick (C) PUBLIC HEALTH EMERGENCIES.—No cer-
(4) GUIDELINES.—Not later than 5 days time or emergency paid leave. tification or other documentation may be re-
after the date of the enactment of this Act, (7) CONSTRUCTION.—Nothing in this section quired under this title by an employer dur-
the Secretary of Labor shall issue guidelines shall be construed as requiring financial or ing any public health emergency.
to assist employers in calculating the other reimbursement to a covered individual (D) REGULATIONS.—Regulations prescribed
amount of additional paid sick time that a from an employer upon the covered individ- under section l311 shall specify the manner
covered individual shall receive under this ual’s termination, resignation, retirement, in which a covered individual who does not
subsection. or other separation from employment or have health insurance shall provide a certifi-
(5) USE OF LEAVE.—The additional sick work for emergency paid leave that has not
time and accrued sick time described in this cation for purposes of this paragraph.
been used. (E) CONFIDENTIALITY AND NONDISCLOSURE.—
subsection shall be available for immediate (8) PROHIBITION.—An employer may not re-
use by the covered individual for the pur- (i) PROTECTED HEALTH INFORMATION.—Noth-
quire, as a condition of providing emergency ing in this title shall be construed to require
poses described in any paragraph of sub- paid leave under this title, that the covered
section (b) beginning on the date a public a health care provider to disclose informa-
individual involved search for or find a re- tion in violation of section 1177 of the Social
health emergency is declared, regardless of placement covered individual to cover the
how long the covered individual has been em- Security Act (42 U.S.C. 1320d–6) or the regu-
hours during which the covered individual is lations promulgated pursuant to section
ployed by or working for an employer. using emergency paid leave.
(6) PERIODS.—A covered individual may 264(c) of the Health Insurance Portability
(e) PROCEDURES.—
take the additional sick time on the sched- and Accountability Act of 1996 (42 U.S.C.
(1) IN GENERAL.—Paid sick time and emer-
ule that meets the covered individual’s gency paid leave shall be provided upon the 1320d–2 note).
needs, consistent with subsection (b), includ- oral or written request of a covered indi- (ii) HEALTH INFORMATION RECORDS.—If an
ing taking the additional sick time intermit- vidual. Such request shall— employer possesses health information about
tently or on a reduced leave schedule, and an (A) include the expected duration of the pe- a covered individual or a covered individual’s
employer may not require a covered indi- riod of such time or leave; child, parent, spouse, domestic partner, or an
vidual to take the additional sick time in a (B) in a case in which the need for such pe- individual related to the covered individual
single period or on any other schedule speci- riod of time is foreseeable at least 7 days in as described in subsection (b)(6), such infor-
fied by the employer. advance of such period, be provided at least mation shall—
(d) EMERGENCY PAID LEAVE FOR PUBLIC 7 days in advance of such period; and (I) be maintained on a separate form and in
a separate file from other personnel informa-
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HEALTH EMERGENCY.— (C) otherwise, be provided as soon as prac-
(1) IN GENERAL.—During a public health ticable after the covered individual is aware tion;
emergency, an employer in the jurisdiction of the need for such period. (II) be treated as a confidential medical
involved shall provide each covered indi- (2) CERTIFICATION IN GENERAL.— record; and
vidual of the employer in that jurisdiction (A) PROVISION.— (III) not be disclosed except to the affected
with emergency paid leave, in addition to (i) IN GENERAL.—Subject to subparagraphs covered individual or with the permission of
any amount of paid sick time accrued by the (C) and (D), an employer may require that a the affected covered individual.
covered individual under subsection (a) (in- request for paid sick time under this section (3) CERTIFICATION IN THE CASE OF DOMESTIC
cluding paid leave referred to in subsection for a purpose described in paragraph (1), (2), VIOLENCE, SEXUAL ASSAULT, OR STALKING.—
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S1812 CONGRESSIONAL RECORD — SENATE March 18, 2020
(A) IN GENERAL.—An employer may require the Social Security Act (42 U.S.C. 1381 et (B) using the taking of paid sick time or
that a request for paid sick time for a pur- seq.). emergency paid leave under this title as a
pose described in subsection (b)(7) be sup- SEC. l303. EMPLOYMENT UNDER MULTIEM- negative factor in an employment action or
ported by any one of the following forms of PLOYER COLLECTIVE BARGAINING work-related action, such as hiring, pro-
documentation, but the employer may not AGREEMENTS. motion, reducing hours or number of shifts,
specify the particular form of documentation (a) EMPLOYERS.—An employer signatory to or a disciplinary action; or
to be provided: a multiemployer collective bargaining agree- (C) counting the paid sick time or emer-
(i) A police report indicating that the cov- ment may, consistent with its bargaining ob- gency paid leave under a no-fault attendance
ered individual, or a member of the covered ligations and its collective bargaining agree- policy or any other absence control policy.
individual’s family described in subsection ment, fulfill its obligations under this title (2) DISCRIMINATION.—It shall be unlawful
(b)(7), was a victim of domestic violence, sex- by making contributions to a multiemployer for any employer to discharge or in any
ual assault, or stalking. fund, plan, or program based on the hours of other manner discriminate against (includ-
(ii) A court order protecting or separating paid sick time, and of emergency paid leave, ing retaliating against) any individual, in-
the covered individual or a member of the each of its employees is entitled to under cluding a job applicant, for opposing any
covered individual’s family described in sub- this title while working under the multiem- practice made unlawful by this title.
section (b)(7) from the perpetrator of an act ployer collective bargaining agreement, pro- (b) INTERFERENCE WITH PROCEEDINGS OR IN-
of domestic violence, sexual assault, or vided that the fund, plan, or program enables QUIRIES.—It shall be unlawful for any person
stalking, or other evidence from the court or employees to secure pay from such fund, to discharge or in any other manner dis-
prosecuting attorney that the covered indi- plan, or program based on the hours the em- criminate against (including retaliating
vidual or a member of the covered individ- ployees have worked under the multiem- against) any individual, including a job ap-
ual’s family described in subsection (b)(7) ployer collective bargaining agreement and plicant, because such individual—
has appeared in court or is scheduled to ap- for the amount of time and uses specified (1) has filed an action, or has instituted or
pear in court in a proceeding related to do- under this title. caused to be instituted any proceeding,
(b) EMPLOYEES.—Employees who work
mestic violence, sexual assault, or stalking. under or related to this title;
under a multiemployer collective bargaining
(iii) Other documentation signed by a cov- (2) has given, or is about to give, any infor-
agreement into which their employers make
ered individual or volunteer working for a mation in connection with any inquiry or
contributions as provided in subsection (a)
victim services organization, an attorney, a proceeding relating to any right provided
may secure pay from such fund, plan, or pro-
police officer, a medical professional, a so- under this title; or
gram based on hours the employees have
cial worker, an antiviolence counselor, or a (3) has testified, or is about to testify, in
worked under the multiemployer collective
member of the clergy, affirming that the any inquiry or proceeding relating to any
bargaining agreement for the amount of
covered individual or a member of the cov- right provided under this title.
time and uses specified under this title.
ered individual’s family described in sub- (c) CONSTRUCTION.—Nothing in this section
SEC. l304. NOTICE REQUIREMENT.
section (b)(7) is a victim of domestic vio- shall be construed to state or imply that the
(a) IN GENERAL.—Each employer shall no-
lence, sexual assault, or stalking. scope of the activities prohibited by section
tify each covered individual and include in
(B) REQUIREMENTS.—The requirements of 105 of the Family and Medical Leave Act of
any covered individual handbook the infor-
paragraph (2) shall apply to certifications 1993 (29 U.S.C. 2615) is less than the scope of
mation described in paragraphs (1) through
under this paragraph, except that— the activities prohibited by this section.
(4). Each employer shall post and keep post-
(i) subclauses (III) and (IV) of subparagraph SEC. l306. ENFORCEMENT AUTHORITY.
ed a notice, to be prepared or approved in ac-
(B)(i) and subparagraph (B)(ii) of such para- (a) IN GENERAL.—
cordance with procedures specified in regula-
graph shall not apply; (1) DEFINITION.—In this subsection—
tions prescribed under section l311, setting
(ii) the certification shall state the reason (A) the term ‘‘employee’’ means an em-
forth excerpts from, or summaries of, the
that the leave is required with the facts to ployee described in subparagraph (A) or (B)
pertinent provisions of this title including—
be disclosed limited to the minimum nec- of section l301(5) or a corresponding covered
(1) information describing paid sick time
essary to establish a need for the covered in- individual; and
and paid emergency leave available to cov-
dividual to be absent from work, and the (B) the term ‘‘employer’’ means an em-
ered individuals under this title;
covered individual shall not be required to ployer described in subclause (I) or (II) of
(2) information pertaining to the filing of
explain the details of the domestic violence, section l301(6)(A)(i).
an action under this title;
sexual assault, or stalking involved; and (2) INVESTIGATIVE AUTHORITY.—
(3) the details of the notice requirement for
(iii) with respect to confidentiality under (A) IN GENERAL.—To ensure compliance
a foreseeable period of time under section
subparagraph (E) of such paragraph, any in- with the provisions of this title, or any regu-
l302(e)(1)(B); and
formation provided to the employer under lation or order issued under this title, the
(4) information that describes—
this paragraph shall be confidential, except Secretary shall have, subject to subpara-
(A) the protections that a covered indi-
to the extent that any disclosure of such in- graph (C), the investigative authority pro-
vidual has in exercising rights under this
formation is— vided under section 11(a) of the Fair Labor
title; and
(I) requested or consented to in writing by Standards Act of 1938 (29 U.S.C. 211(a)), with
(B) how the covered individual can contact
the covered individual; or respect to employers, employees, and other
the Secretary (or other appropriate author-
(II) otherwise required by applicable Fed- individuals affected.
ity as described in section l306) if any of the
eral or State law. (B) OBLIGATION TO KEEP AND PRESERVE
(f) RESTORATION TO POSITION.—The provi- rights are violated.
(b) LOCATION.—The notice described under RECORDS.—An employer shall make, keep,
sions of section 104(a) of the Family and and preserve records pertaining to compli-
subsection (a) shall be posted—
Medical Leave Act of 1993 (29 U.S.C. 2614(a)) ance with this title in accordance with sec-
or section 6384 of title 5, United States Code, (1) in conspicuous places on the premises of
the employer, where notices to covered indi- tion 11(c) of the Fair Labor Standards Act of
as the case may be, shall apply to a covered
viduals (including applicants) are custom- 1938 (29 U.S.C. 211(c)) and in accordance with
individual taking accrued or additional paid
arily posted; or regulations prescribed by the Secretary.
sick time, or emergency paid leave, under
(2) in covered individual handbooks. (C) REQUIRED SUBMISSIONS GENERALLY LIM-
this title, and to the employer of the covered
(c) MODEL NOTICE.—Not later than 5 days ITED TO AN ANNUAL BASIS.—The Secretary
individual. Such provisions shall be enforced
in accordance with this title. after the date of enactment of this Act, the shall not require, under the authority of this
(g) MAINTENANCE OF HEALTH BENEFITS.— Secretary of Labor shall make publicly paragraph, an employer to submit to the
The provisions of section 104(c)(1) of the available a model notice that meets the re- Secretary any books or records more than
Family and Medical Leave Act of 1993 (29 quirements of subsection (a). once during any 12-month period, unless the
U.S.C. 2614(c)(1)) shall apply to a covered in- (d) VIOLATION; PENALTY.—Any employer Secretary has reasonable cause to believe
dividual taking accrued or additional paid who willfully violates the posting require- there may exist a violation of this title or
sick time, or emergency paid leave, under ments of this section shall be subject to a any regulation or order issued pursuant to
this title, and to the employer of the covered civil fine in an amount not to exceed $100 for this title, or is investigating a charge pursu-
individual. Such provisions shall be enforced each separate offense. ant to paragraph (4).
in accordance with this title. SEC. l305. PROHIBITED ACTS. (D) SUBPOENA AUTHORITY.—For the pur-
(h) NO EFFECT ON ELIGIBILITY FOR SUPPLE- (a) INTERFERENCE WITH RIGHTS.— poses of any investigation provided for in
MENTAL SECURITY INCOME.—Any paid sick (1) EXERCISE OF RIGHTS.—It shall be unlaw- this paragraph, the Secretary shall have the
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time or emergency paid leave provided to a ful for any employer to interfere with, re- subpoena authority provided for under sec-
covered individual under this title shall not strain, or deny the exercise of, or the at- tion 9 of the Fair Labor Standards Act of
be regarded as income or resources for any tempt to exercise, any right provided under 1938 (29 U.S.C. 209).
month, for purposes of determining the eligi- this title, including— (3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
bility of the recipient (or the recipient’s (A) discharging or discriminating against UALS.—
spouse or family) for benefits or assistance, (including retaliating against) any indi- (A) RIGHT OF ACTION.—An action to recover
or the amount or extent of benefits or assist- vidual, including a job applicant, for exer- the damages or equitable relief prescribed in
ance, under the supplemental security in- cising, or attempting to exercise, any right subparagraph (C) may be maintained against
come program established under title XVI of provided under this title; any employer in any Federal or State court
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1813
of competent jurisdiction by one or more (B) WILLFUL VIOLATION.—In the case of an sistance for any program or activity of a
employees or individuals or their representa- action brought for a willful violation of sec- State shall constitute a waiver of sovereign
tive for and on behalf of— tion l305 (including a willful violation relat- immunity, under the 11th Amendment to the
(i) the employees or individuals; or ing to rights provided under section l302), Constitution or otherwise, to a suit brought
(ii) the employees or individuals and oth- such action may be brought within 3 years of by a covered individual of that program or
ers similarly situated. the date of the last event constituting the activity under this title for equitable, legal,
(B) NO WAIVER.—In such an action brought alleged violation for which such action is or other relief authorized under this title.
by one or more employees or individuals or brought. (2) OFFICIAL CAPACITY.—An official of a
their representative for and on behalf of the (C) COMMENCEMENT.—In determining when State may be sued in the official capacity of
persons described in clause (i) or (ii) of sub- an action is commenced under paragraph (3), the official by any covered individual who
paragraph (A), to enforce the rights in this (4), or (6) for the purposes of this paragraph, has complied with the procedures under sub-
title, no court of competent jurisdiction may it shall be considered to be commenced on section (a)(3), for injunctive relief that is au-
grant an employer’s motion to compel arbi- the date when the complaint is filed. thorized under this title. In such a suit the
tration, under chapter 1 of title 9, United (6) ACTION FOR INJUNCTION BY SECRETARY.— court may award to the prevailing party
States Code, or any analogous State arbitra- The district courts of the United States shall those costs authorized by section 722 of the
tion statute, of the claims involved. An em- have jurisdiction, for cause shown, in an ac- Revised Statutes (42 U.S.C. 1988).
ployee’s right to bring an action on behalf of tion brought by the Secretary— (3) APPLICABILITY.—With respect to a par-
similarly situated employees to enforce such (A) to restrain violations of section l305 ticular program or activity, paragraph (1)
rights may not be subject to any private (including a violation relating to rights pro- applies to conduct occurring on or after the
agreement that purports to require the em- vided under section l302), including the re- day, after the date of enactment of this Act,
ployees to pursue claims on an individual straint of any withholding of payment of on which a State first receives or uses Fed-
basis. wages, salary, employment benefits, or other eral financial assistance for that program or
(C) LIABILITY.—Any employer who violates compensation, plus interest, found by the activity.
section l305 (including a violation relating court to be due to employees or individuals (4) DEFINITION OF PROGRAM OR ACTIVITY.—In
to rights provided under section l302) shall eligible under this title; or this subsection, the term ‘‘program or activ-
be liable to any employee or individual af- (B) to award such other equitable relief as ity’’ has the meaning given the term in sec-
fected— may be appropriate, including employment, tion 606 of the Civil Rights Act of 1964 (42
(i) for damages equal to— reinstatement, and promotion. U.S.C. 2000d–4a).
(I) the amount of— (7) SOLICITOR OF LABOR.—The Solicitor of SEC. l307. EDUCATION AND OUTREACH.
(aa) any wages, salary, employment bene- Labor may appear for and represent the Sec- The Secretary may conduct a public
fits, or other compensation denied or lost by retary on any litigation brought under para- awareness campaign to educate and inform
reason of the violation; or graph (4) or (6). the public of the requirements for paid sick
(bb) in a case in which wages, salary, em- (8) GOVERNMENT ACCOUNTABILITY OFFICE.— time and paid emergency leave required by
ployment benefits, or other compensation Notwithstanding any other provision of this this title.
have not been denied or lost, any actual subsection, in the case of the Government SEC. l308. EFFECT ON OTHER LAWS.
monetary losses sustained as a direct result Accountability Office, the authority of the
of the violation up to a sum equal to 56 hours (a) FEDERAL AND STATE ANTIDISCRIMINA-
Secretary of Labor under this subsection
of wages or salary for the employee or indi- TION LAWS.—Nothing in this title shall be
shall be exercised by the Comptroller Gen-
vidual, or the specified period described in construed to modify or affect any Federal or
eral of the United States.
subsection (c)(2) or (d)(2) of section l302, or (b) EMPLOYEES COVERED BY CONGRESSIONAL State law prohibiting discrimination on the
a combination of those hours and that pe- ACCOUNTABILITY ACT OF 1995.—The powers, basis of race, religion, color, national origin,
riod, as the case may be; remedies, and procedures provided in the sex, age, disability, sexual orientation, gen-
(II) the interest on the amount described in Congressional Accountability Act of 1995 (2 der identity, marital status, familial status,
subclause (I) calculated at the prevailing U.S.C. 1301 et seq.) including section 401(d) of or any other protected status.
rate; and such Act (2 U.S.C. 1401(d)), to the Board (as (b) STATE AND LOCAL LAWS.—Nothing in
(III) an additional amount as liquidated defined in section 101 of that Act (2 U.S.C. this title shall be construed to supersede (in-
damages; and 1301)), the corresponding Federal agency de- cluding preempting) any provision of any
(ii) for such equitable relief as may be ap- scribed in that section 401(d), or any person, State or local law that provides greater paid
propriate, including employment, reinstate- alleging a violation of subsection (a)(1) of sick time or leave rights (including greater
ment, and promotion. section 202 of that Act (2 U.S.C. 1312) shall be amounts of paid sick time or leave, or great-
(D) FEES AND COSTS.—The court in an ac- the powers, remedies, and procedures this er coverage of those eligible for paid sick
tion under this paragraph shall, in addition title provides to that Board, the cor- time or leave) than the rights established
to any judgment awarded to the plaintiff, responding Federal agency, or any person, under this title.
allow a reasonable attorney’s fee, reasonable alleging an unlawful employment practice in SEC. l309. EFFECT ON EXISTING EMPLOYMENT
expert witness fees, and other costs of the violation of this title against an employee BENEFITS.
action to be paid by the defendant. described in section l301(5)(C) or a cor- (a) MORE PROTECTIVE.—Nothing in this
(4) ACTION BY THE SECRETARY.— responding covered individual. title shall be construed to diminish the obli-
(A) ADMINISTRATIVE ACTION.—The Sec- (c) EMPLOYEES COVERED BY CHAPTER 5 OF gation of an employer to comply with any
retary shall receive, investigate, and at- TITLE 3, UNITED STATES CODE.—The powers, contract, collective bargaining agreement,
tempt to resolve complaints of violations of remedies, and procedures provided in chapter or any employment benefit program or plan
section l305 (including a violation relating 5 of title 3, United States Code, to the Presi- that provides greater paid sick leave or other
to rights provided under section l302) in the dent, the Merit Systems Protection Board, leave rights to covered individuals than the
same manner that the Secretary receives, in- or any person, alleging a violation of section rights established under this title.
vestigates, and attempts to resolve com- 412(a)(1) of that title, shall be the powers, (b) LESS PROTECTIVE.—The rights estab-
plaints of violations of sections 6 and 7 of the remedies, and procedures this title provides lished for covered individuals under this title
Fair Labor Standards Act of 1938 (29 U.S.C. to the President, that Board, or any person, shall not be diminished by any contract, col-
206 and 207). respectively, alleging an unlawful employ- lective bargaining agreement, or any em-
(B) CIVIL ACTION.—The Secretary may ment practice in violation of this title ployment benefit program or plan.
bring an action in any court of competent ju- against an employee described in section SEC. l310. ENCOURAGEMENT OF MORE GEN-
risdiction to recover the damages described l301(5)(D) or a corresponding covered indi- EROUS LEAVE POLICIES.
vidual. Nothing in this title shall be construed to
in paragraph (3)(C)(i).
(d) EMPLOYEES COVERED BY CHAPTER 63 OF discourage employers from adopting or re-
(C) SUMS RECOVERED.—Any sums recovered TITLE 5, UNITED STATES CODE.—The powers,
by the Secretary pursuant to subparagraph taining leave policies more generous than
remedies, and procedures provided in title 5,
(B) shall be held in a special deposit account policies that comply with the requirements
United States Code, to an employing agency,
and shall be paid, on order of the Secretary, of this title.
provided in chapter 12 of that title to the
directly to each employee or individual af- SEC. l311. REGULATIONS.
Merit Systems Protection Board, or provided
fected. Any such sums not paid to an em- in that title to any person, alleging a viola- (a) IN GENERAL.—
ployee or individual affected because of in- tion of chapter 63 of that title shall be the (1) AUTHORITY.—Except as provided in
ability to do so within a period of 3 years powers, remedies, and procedures this title paragraph (2) and subject to subsection (e),
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shall be deposited into the Treasury of the provides to that agency, that Board, or any not later than 180 days after the date of en-
United States as miscellaneous receipts. person, respectively, alleging an unlawful actment of this Act, the Secretary shall pre-
(5) LIMITATION.— employment practice in violation of this scribe such regulations as are necessary to
(A) IN GENERAL.—Except as provided in title against an employee described in sec- carry out this title with respect to employ-
subparagraph (B), an action may be brought tion l301(5)(E) or a corresponding covered ees described in subparagraph (A) or (B) of
under paragraph (3), (4), or (6) not later than individual. section l301(5), corresponding covered indi-
2 years after the date of the last event con- (e) REMEDIES FOR STATE EMPLOYEES.— viduals, and other individuals affected by
stituting the alleged violation for which the (1) WAIVER OF SOVEREIGN IMMUNITY.—A employers described in subclause (I) or (II) of
action is brought. State’s receipt or use of Federal financial as- section l301(6)(A)(i).
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S1814 CONGRESSIONAL RECORD — SENATE March 18, 2020
(2) GOVERNMENT ACCOUNTABILITY OFFICE.— date, without regard to whether regulations ‘‘(B) any frequency limits established for
Subject to subsection (e), the Comptroller have been prescribed under this section. such tests; and
General of the United States shall prescribe SEC. l312. AUTHORIZATION OF APPROPRIA- ‘‘(C) any allergen unit limits established
the regulations with respect to employees of TIONS. for such tests.’’; and
the Government Accountability Office, cor- There are authorized to be appropriated to (B) in section 1905—
responding covered individuals, and other in- carry out this division such sums as may be (i) in subsection (r)—
dividuals affected by the Comptroller Gen- necessary for fiscal years 2020 through 2022. (I) by redesignating paragraph (5) as para-
eral of the United States. SEC. l313. EFFECTIVE DATES. graph (6); and
(b) EMPLOYEES COVERED BY CONGRESSIONAL (a) IN GENERAL.—This division takes effect (II) by inserting after paragraph (4) the fol-
ACCOUNTABILITY ACT OF 1995.— on the date of enactment of this Act. lowing new paragraph:
(1) AUTHORITY.—Subject to subsection (e), (b) PREVIOUS DECLARATIONS.—If a public ‘‘(5) Allergy diagnostic testing services (as
not later than 90 days after the Secretary health emergency was declared before and defined in subsection (gg)).’’; and
prescribes regulations under subsection (a), remains in effect on the date of enactment of (ii) by adding at the end the following new
the Board of Directors of the Office of Con- this Act, for purposes of this division (and in subsection:
gressional Workplace Rights shall prescribe particular section l302(c) of this division) ‘‘(gg) ALLERGY DIAGNOSTIC TESTING SERV-
(in accordance with section 304 of the Con- the public health emergency shall be consid- ICES DEFINED.—The term ‘allergy diagnostic
gressional Accountability Act of 1995 (2 ered to have been declared on the date of en- testing services’ means in vitro specific IgE
U.S.C. 1384)) and the corresponding Federal actment of this Act, including an emergency tests and percutaneous tests that—
agency described in section 401(d) of such Act described in section l301(12)(B). ‘‘(1) have been cleared under section 501(k),
(2 U.S.C. 1401(d)) shall prescribe such regula- SEC. l314. REPEAL. classified under section 513(f)(2), or approved
tions as are necessary to carry out this title This division is repealed, effective Decem- under section 515 of the Federal Food, Drug,
with respect to employees described in sec- ber 31, 2021. and Cosmetic Act; and
tion l301(5)(C), corresponding covered indi- ‘‘(2) are provided to individuals for the pur-
viduals, and other individuals affected by SA 1560. Mr. MORAN submitted an pose of evaluating immunologic response to
employers described in section amendment intended to be proposed by certain antigens.’’.
l301(6)(A)(i)(III). him to the bill H.R. 6201, making emer- (2) EFFECTIVE DATE.—
(2) AGENCY REGULATIONS.—The regulations (A) IN GENERAL.—Subject to subparagraph
gency supplemental appropriations for
prescribed under paragraph (1) shall be the (B), the amendments made by this sub-
the fiscal year ending September 30, section shall apply with respect to items and
same as substantive regulations promulgated
by the Secretary to carry out this title ex- 2020, and for other purposes; which was services provided on or after January 1, 2021.
cept insofar as the Board may determine, for ordered to lie on the table; as follows: (B) EXCEPTION FOR STATE LEGISLATION.—In
good cause shown and stated together with At the appropriate place, insert the fol- the case of a State plan under title XIX of
the regulations prescribed under paragraph lowing: the Social Security Act (42 U.S.C. 1396 et
(1), that a modification of such regulations SEC. ll. COVERAGE FOR ALLERGY DIAGNOSTIC seq.) that the Secretary of Health and
would be more effective for the implementa- TESTING SERVICES UNDER MEDI- Human Services determines requires State
CARE AND MEDICAID. legislation in order for the respective plan to
tion of the rights and protections involved
under this section. (a) FINDINGS.—Congress finds the fol- meet any requirement imposed by amend-
(c) EMPLOYEES COVERED BY CHAPTER 5 OF lowing: ments made by this subsection, the respec-
TITLE 3, UNITED STATES CODE.— (1) Allergies, when not properly diagnosed, tive plan shall not be regarded as failing to
(1) AUTHORITY.—Subject to subsection (e), cannot be effectively treated. comply with the requirements of such title
not later than 90 days after the Secretary (2) Allergies to food, inhaled particles, or solely on the basis of its failure to meet such
prescribes regulations under subsection (a), other sources can cause debilitating and, in an additional requirement before the first
the President (or the designee of the Presi- some cases, fatal reactions. day of the first calendar quarter beginning
dent) shall prescribe such regulations as are (3) Allergies can substantially compound after the close of the first regular session of
necessary to carry out this title with respect other illnesses, including asthma, emphy- the State legislature that begins after the
to employees described in section l301(5)(D), sema, and adult obstructive pulmonary dis- date of the enactment of this subsection. For
corresponding covered individuals, and other eases, leading to social and economic costs purposes of the previous sentence, in the
individuals affected by employers described for families and our Nation’s health care sys- case of a State that has a 2-year legislative
in section l301(6)(A)(i)(IV). tem. session, each year of the session shall be con-
(2) AGENCY REGULATIONS.—The regulations (4) According to clinical guidelines from sidered to be a separate regular session of
prescribed under paragraph (1) shall be the the National Institutes of Health and rec- the State legislature.
same as substantive regulations promulgated ommendations from peer-reviewed lit- (c) MEDICARE COVERAGE FOR ALLERGY DIAG-
by the Secretary to carry out this title ex- erature, in vitro specific IgE tests and NOSTIC TESTING SERVICES.—
cept insofar as the President (or designee) percutaneous tests are considered equivalent (1) COVERAGE.—Section 1861 of the Social
may determine, for good cause shown and as confirmatory tests in terms of their sensi- Security Act (42 U.S.C. 1395x) is amended—
stated together with the regulations pre- tivity and accuracy. (A) in subsection (s)(2)—
scribed under paragraph (1), that a modifica- (5) Despite these recommendations, some (i) in subparagraph (GG), by striking ‘‘and’’
tion of such regulations would be more effec- current Medicare local coverage determina- at the end;
tive for the implementation of the rights and tions and Medicaid coverage policies deny (ii) in subparagraph (HH), by striking the
protections involved under this section. equal access to in vitro specific IgE tests and period at the end and inserting ‘‘; and’’; and
(d) EMPLOYEES COVERED BY CHAPTER 63 OF percutaneous tests. (iii) by adding at the end the following new
TITLE 5, UNITED STATES CODE.— (6) In vitro specific IgE tests and subparagraph:
(1) AUTHORITY.—Subject to subsection (e), percutaneous tests must be equally acces- ‘‘(II) allergy diagnostic testing services (as
not later than 90 days after the Secretary sible for clinicians and patients to improve defined in subsection (kkk));’’; and
prescribes regulations under subsection (a), health outcomes, reduce system costs, and (B) by adding at the end the following new
the Director of the Office of Personnel Man- reduce current health care disparities caused subsection:
agement shall prescribe such regulations as by the lack of equal coverage. ‘‘(kkk) ALLERGY DIAGNOSTIC TESTING
are necessary to carry out this title with re- (b) MEDICAID COVERAGE FOR ALLERGY DIAG- SERVICES.—
spect to employees described in section NOSTIC TESTING SERVICES.— ‘‘(1) IN GENERAL.—The term ‘allergy diag-
l301(5)(E), corresponding covered individ- (1) IN GENERAL.—Title XIX of the Social nostic testing services’ means in vitro spe-
uals, and other individuals affected by em- Security Act (42 U.S.C. 1396 et seq.) is cific IgE tests and percutaneous tests—
ployers described in section l301(6)(A)(i)(V). amended— ‘‘(A) that have been cleared under section
(2) AGENCY REGULATIONS.—The regulations (A) in section 1902(a)— 501(k), classified under section 513(f)(2), or
prescribed under paragraph (1) shall be the (i) in paragraph (85), by striking ‘‘and’’ at approved under section 515 of the Federal
same as substantive regulations promulgated the end; Food, Drug, and Cosmetic Act; and
by the Secretary to carry out this title ex- (ii) in paragraph (86), by striking the pe- ‘‘(B) which are furnished to individuals for
cept insofar as the Director may determine, riod at the end and inserting ‘‘; and’’; and the purpose of evaluating immunologic re-
for good cause shown and stated together (iii) by inserting after paragraph (86) the sponse to certain antigens, as determined ap-
with the regulations prescribed under para- following new paragraph: propriate by the practitioner ordering such
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graph (1), that a modification of such regula- ‘‘(87) provide, with respect to the provision test.
tions would be more effective for the imple- of allergy diagnostic testing services (as de- ‘‘(2) EQUAL ACCESS TO TESTING METHODS.—
mentation of the rights and protections in- fined in section 1905(gg)) under the State The Secretary shall ensure equality in the
volved under this section. plan, for equality in the treatment of in treatment of in vitro specific IgE tests and
(e) IMMEDIATE COMPLIANCE BY EMPLOY- vitro specific IgE tests and percutaneous percutaneous tests described in paragraph (1)
ERS.—The rights and responsibilities speci- tests with respect to— with respect to—
fied in this title shall apply to employers on ‘‘(A) any medical necessity or other cov- ‘‘(A) any medical necessity or other cov-
the first Sunday following enactment of this erage requirements established for such in erage requirements established for such in
Act and employers shall comply on such vitro specific IgE and percutaneous tests; vitro specific IgE and percutaneous tests;
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1815
‘‘(B) any frequency limits established for FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2024,
lowing leader remarks, the Senate be VICE J. KELLY RYAN, TERM EXPIRED.
such tests; and in a period of morning business, with
‘‘(C) any allergen unit limits established Senators permitted to speak therein DEPARTMENT OF STATE
for a year for such tests.’’. for up to 10 minutes each. BRETT P. GIROIR, OF TEXAS, TO BE REPRESENTATIVE
(2) PAYMENT.—Section 1834 of the Social OF THE UNITED STATES ON THE EXECUTIVE BOARD OF
The PRESIDING OFFICER. Without THE WORLD HEALTH ORGANIZATION, VICE THOMAS
Security Act (42 U.S.C. 1395m) is amended by
adding at the end the following new sub-
objection, it is so ordered. FRIEDEN.
CARLOS TRUJILLO, OF FLORIDA, TO BE ASSISTANT
section: f SECRETARY OF STATE (WESTERN HEMISPHERE AF-
‘‘(x) ALLERGY DIAGNOSTIC TESTING SERV- FAIRS), VICE KIMBERLY BREIER, RESIGNED.
ICES.—For purposes of payment only, in the
ADJOURNMENT UNTIL TOMORROW KENNETH R. WEINSTEIN, OF THE DISTRICT OF COLUM-
BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI-
case of allergy diagnostic testing services (as Mr. MCCONNELL. Mr. President, if POTENTIARY OF THE UNITED STATES OF AMERICA TO
defined in section 1861(kkk))— there is no further business to come be- JAPAN.
‘‘(1) in vitro specific IgE tests shall be fore the Senate, I ask unanimous con- PRIVACY AND CIVIL LIBERTIES OVERSIGHT
treated as clinical diagnostic laboratory sent that it stand adjourned under the BOARD
tests; and previous order. ADITYA BAMZAI, OF VIRGINIA, TO BE A MEMBER OF
‘‘(2) percutaneous tests shall be treated as There being no objection, the Senate, THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
physicians’ services.’’. FOR A TERM EXPIRING JANUARY 29, 2026. (REAPPOINT-
at 5:59 p.m., adjourned until Thursday, MENT)
(3) EFFECTIVE DATE.—The amendments
made by this subsection shall apply with re- March 19, 2020, at 12 noon.
THE JUDICIARY
spect to items and services furnished on or f
HALA Y. JARBOU, OF MICHIGAN, TO BE UNITED STATES
after January 1, 2021. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MICHI-
NOMINATIONS GAN, VICE ROBERT HOLMES BELL, RETIRED.
f
Executive nominations received by
ORDERS FOR THURSDAY, MARCH the Senate: f
19, 2020 AMTRAK BOARD OF DIRECTORS
Mr. MCCONNELL. Mr. President, I RICK A. DEARBORN, OF OKLAHOMA, TO BE A DIRECTOR
WITHDRAWAL
OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF
ask unanimous consent that when the FIVE YEARS, VICE JEFFREY R. MORELAND, TERM EX-
Senate completes its business today, it PIRED. Executive Message transmitted by
adjourn until 12 noon, Thursday, March FEDERAL COMMUNICATIONS COMMISSION the President to the Senate on March
19; further, that following the prayer MICHAEL P. O’RIELLY, OF NEW YORK, TO BE A MEMBER
18, 2020 withdrawing from further Sen-
and pledge, the morning hour be OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A ate consideration the following nomi-
TERM OF FIVE YEARS FROM JULY 1, 2019 (REAPPOINT-
deemed expired, the Journal of pro- MENT)
nation:
ceedings be approved to date, the time INTER–AMERICAN FOUNDATION DAVID CAREY WOLL, JR., OF CONNECTICUT, TO BE AN
ASSISTANT SECRETARY OF HOUSING AND URBAN DE-
for the two leaders be reserved for their CARLOS TRUJILLO, OF FLORIDA, TO BE A MEMBER OF VELOPMENT, VICE NEAL J. RACKLEFF, WHICH WAS SENT
use later in the day; finally, that fol- THE BOARD OF DIRECTORS OF THE INTER–AMERICAN TO THE SENATE ON AUGUST 1, 2019.
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