Congressional Record, Senate, March 18, 2020, Page S1808 — Paid Leave and Transfer Authority
Summary
A page of the Congressional Record, Senate, dated March 18, 2020, at page S1808, within the text of an amendment during debate on the coronavirus relief bill. It prints a provision on the effective date for taxable years, a transfer authority section letting the President transfer amounts between Treasury accounts used for combating the emergency, and a paid leave section with findings that mandated sick pay and family leave will prompt some employers to terminate workers. It would reimburse an employer with fewer than 500 employees two-thirds of the payment, up to $1,000 per week and not to exceed $10,000 per employee, with an affidavit to the Secretary of Labor.
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“Congressional Record, Senate, March 18, 2020, Page S1808 — Paid Leave and Transfer Authority.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-18-crec-2020-03-18-pt1-pgs1808-2-ce1fffe5a9/
, SHA-256 c6066c92fb36519527a070f63c6ef23b479f9f03a43b20bee415cbe27af1e8b2.Full text
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
SSpencer on DSKBBXCHB2PROD with SENATE
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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