[Congressional Record Volume 166, Number 52 (Wednesday, March 18, 2020)]
[Senate]
[Pages S1807-S1815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1556. Mr. PAUL proposed an amendment to the bill H.R. 6201, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2020, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SOCIAL SECURITY NUMBER REQUIREMENT FOR CHILD TAX 
                   CREDIT.

       (a) In General.--Paragraph (1) of section 24(e) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) Social security number required.--No credit shall be 
     allowed under this section to a taxpayer with respect to any 
     qualifying child unless the taxpayer includes the social 
     security number of such child on the return of tax for the 
     taxable year. For purposes of the preceding sentence, the 
     term `social security number' means a social security number 
     issued to an individual by the Social Security 
     Administration, but only if the social security number is 
     issued--
       ``(A) to a citizen of the United States or pursuant to 
     subclause (I) (or that portion of subclause (III) that 
     relates to subclause (I)) of section 205(c)(2)(B)(i) of the 
     Social Security Act, and
       ``(B) before the due date for such return.''.
       (b) Conforming Amendments.--
       (1) Subsection (h) of section 24 of such Code is amended--
       (A) by striking ``paragraph (7)'' in paragraph (4)(C) and 
     inserting ``subsection (e)(1)'',
       (B) by striking paragraph (7), and
       (C) by striking ``(2) through (7)'' in paragraph (1) and 
     inserting ``(2) through (6)''.
       (2) Section 6213(g)(2)(I) of such Code is amended by 
     striking ``TIN'' and inserting ``social security number''.

[[Page S1808]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. ___. TRANSFER AUTHORITY.

       (a) In General.--Notwithstanding any other provision of 
     law, the President may transfer, as necessary and without 
     limitation, amounts from any account in the Treasury to any 
     other account in the Treasury being used for the purpose of 
     combating, addressing, or ameliorating the coronavirus 
     pandemic.
       (b) Congressional Notification.--The President shall submit 
     to Congress, on each of the following dates, a notification 
     detailing each transfer made under subsection (a) during the 
     time period preceding the notification:
       (1) July 1, 2020.
       (2) October 1, 2020.
       (3) January 1, 2021.
       (c) Expiration.--The transfer authority in subsection (a) 
     shall expire on December 31, 2020.

     SEC. ___. TERMINATION OF UNITED STATES MILITARY OPERATIONS 
                   AND RECONSTRUCTION ACTIVITIES IN AFGHANISTAN.

       (a) Termination.--Military operations of the United States 
     Armed Forces and reconstruction activities of the United 
     States Government in Afghanistan are hereby terminated.
       (b) Deadline for Complete Cessation.--Not later than 
     December 31, 2020--
       (1) all United States Armed Forces shall be removed from 
     Afghanistan; and
       (2) all reconstruction activities of the United States 
     Government in Afghanistan shall be wound up.
       (c) Prohibition on Use of Funds.--Appropriated funds may 
     not be obligated or expended in connection with military 
     operations and reconstruction activities described in 
     subsection (a) after December 31, 2020.
                                 ______
                                 
  SA 1557. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 6201, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2020, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

                               TITLE ___

                          DEPARTMENT OF ENERGY

                         SPR Petroleum Account

       For an additional amount for the SPR Petroleum Account 
     established under section 167(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6247(a)), $3,000,000,000, to be 
     derived by transfer from the amounts provided by section 
     129(a) of the Consolidated Security, Disaster Assistance, and 
     Continuing Appropriations Act, 2009 (Public Law 110-329; 122 
     Stat. 3578), to remain available until September 30, 2020.
                                 ______
                                 
  SA 1558. Mr. JOHNSON (for himself, Mr. Toomey, Mr. Braun, Mr. Scott 
of Florida, Mr. Lee, Mrs. Blackburn, Mr. Cotton, Mr. Cruz, Mrs. 
Loeffler, Mr. Perdue, Mr. Sasse, and Mr. Barrasso) proposed an 
amendment to the bill H.R. 6201, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2020, and for 
other purposes; as follows:

       Strike divisions C, E, and G.
       At the end of division D, add the following:

     SEC. __. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is the intention of Congress and the administration 
     to provide immediate financial support to workers who will be 
     idled and lose pay and benefits because of COVID-19;
       (2) Federally mandated sick pay and paid family leave will 
     prompt some employers who cannot afford this mandate to 
     preemptively terminate the employment of workers they no 
     longer have work for due to circumstances surrounding COVID-
     19;
       (3) even without that negative incentive, the COVID-19 will 
     cause many Americans to lose their jobs, and not be eligible 
     for Federally mandated sick pay or family and medical leave, 
     so the only income support will be unemployment insurance; 
     and
       (4) it would be more efficient to administer this Federal 
     financial support for workers using only one, rather than two 
     or more programs.

     SEC. __. TEMPORARY EMERGENCY FEDERAL CORONAVIRUS UNEMPLOYMENT 
                   INSURANCE BENEFIT PROGRAM.

       (a) In General.--In order to receive the credit against the 
     Federal Unemployment Tax Act (26 U.S.C. 23), States shall 
     provide temporary emergency Federal coronavirus unemployment 
     insurance benefits to any individual who has worked for pay 
     at any time in the last 30 days and who for any calendar day 
     is not able to engage in employment due to any of the 
     following reasons:
       (1) The individual is subject to a Federal, State, or local 
     quarantine or isolation order related to COVID-19.
       (2) The individual has been advised by a health care 
     provider to self-quarantine due to concerns related to COVID-
     19.
       (3) The individual is experiencing symptoms of COVID-19 and 
     seeking medical diagnosis;
       (4) The individual is caring for an individual who is 
     subject to an order as described in paragraph (1) or has been 
     advised as described in paragraph (2);
       (5) The individual is caring for a son or daughter under 
     the age of 18 years of such individual if the school or place 
     of care of the son or daughter has been closed, or the child 
     care provider of such son of daughter is unavailable, due to 
     COVID-19 precautions.
       (6) The individual is subject to a temporary lay-off under 
     section 604.5(a)(3) of title 20, Code of Federal Regulations, 
     due to COVID-19.
       (b) Waiting Period.--States shall not require any waiting 
     period in order to receive benefits for those individuals 
     described in subsection (a).
       (c) Benefits.--
       (1) In general.--States shall pay benefits to those 
     individuals described in subsection (a) on a weekly basis for 
     each calendar day an individual is not able to engage in 
     employment for up to 14 weeks.
       (2) Calculation.--
       (A) Amount.--The weekly benefit shall be the lesser of--
       (i) two-thirds of the individual's average weekly earnings; 
     or
       (ii) $1,000.
       (B) Determinations.--The amount of an individual's average 
     weekly earnings shall be determined by the State.
       (d) Retroactive Application.--States shall make temporary 
     emergency Federal coronavirus unemployment insurance benefits 
     under this section retroactively available to March 1, 2020.
       (e) Work Requirements.--Individuals receiving temporary 
     emergency Federal coronavirus unemployment insurance benefits 
     under this section shall not be required to search for work.
       (f) Federal Reimbursements.--The Federal government shall--
       (1) reimburse States for the full cost of complying with 
     the requirements under this section that are above and beyond 
     the benefits currently provided under each State's current 
     unemployment insurance law for benefits paid under this 
     program; and
       (2) reimburse any employer who employs fewer than 500 
     employees and who voluntarily provides paid leave to an 
     employee for the reasons described in subsection (a) an 
     amount equal to two-thirds of the actual payment made up to 
     $1,000 per week and not to exceed $10,000 per employee.
       (g) National Unemployment Rate.--For purposes of 
     calculating the National unemployment rate, the Bureau of 
     Labor Statistics of the Department of Labor shall not include 
     workers obtaining temporary emergency Federal coronavirus 
     unemployment insurance benefits.
       (h) Regulatory Authorities.--
       (1) Labor.--The Secretary of Labor (or the Secretary's 
     delegate) shall prescribe such regulations or other guidance 
     as may be necessary to carry out the purposes of this 
     section.
       (2) Treasury.--The Secretary of Treasury (or the 
     Secretary's delegate) shall prescribe such regulations or 
     other guidance as may be necessary to carry out the purpose 
     of this section.
       (i) Sunset.--The temporary emergency Federal coronavirus 
     unemployment insurance benefit program under this section 
     shall expire on the earlier of the date of the termination of 
     the national emergency declared by the President under the 
     National Emergencies Act (50 U.S.C. 1601 et seq.) with 
     respect to the Coronavirus Disease 2019 (COVID-19) or 
     December 31, 2020.
                                 ______
                                 
  SA 1559. Mrs. MURRAY (for herself, Mrs. Gillibrand, and Ms. Harris) 
proposed an amendment to the bill H.R. 6201, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2020, and for other purposes; as follows:

       At the appropriate place, insert the following:

               DIVISION __--PAID SICK TIME AND PAID LEAVE

     SECTION _001. SHORT TITLE.

       This division may be cited as the ``Providing Americans 
     Insured Days of Leave Act of 2020''.

                      TITLE I--GENERAL PROVISIONS

     SEC. _101. ADJUSTMENT TO THE FAMILIES FIRST CORONAVIRUS 
                   RESPONSE ACT.

       Notwithstanding any other provision of this Act, divisions, 
     C, E, and G shall have no force or effect.

 TITLE II--IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND 
                PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES

     SEC. _201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK 
                   DAYS AND PAID LEAVE FOR PUBLIC HEALTH 
                   EMERGENCIES.

       (a) Definitions.--In this title, the terms ``covered 
     individual'', ``employer'', ``paid sick time'', and 
     ``Secretary'' have the meanings given the terms in section 
     _301.
       (b) General Authority.--
       (1) Reimbursement.--An employer of a covered individual who 
     uses paid sick time or emergency paid leave under title III 
     during 2020 or 2021 shall be reimbursed by the Secretary of 
     the Treasury out of the Treasury of the United States for the 
     wages paid to the covered individual for the period during 
     which the covered individual used the paid sick time or 
     emergency paid leave.
       (2) Process.--
       (A) Information.--To be eligible to receive such 
     reimbursement, the employer shall submit to the Secretary of 
     Labor an affidavit

[[Page S1809]]

     that attests that the employer provided such paid sick time 
     or emergency paid leave, and related records showing the 
     period of and wages associated with the paid sick time or 
     emergency paid leave.
       (B) Determination.--The Secretary shall review the 
     information in the affidavit and records and come to a 
     determination regarding the validity of such information 
     within 5 business days after receipt. If the Secretary does 
     not make a determination within the 5-business-day period, on 
     the sixth business day after receipt of such information the 
     Secretary shall be deemed to have determined the information 
     to be valid.
       (C) Reimbursement.--Upon the Secretary's determination that 
     the information is valid and that the employer provided an 
     amount of such paid sick time or emergency paid leave to a 
     covered individual, the Secretary shall transmit the 
     determination, affidavit, and records to the Secretary of the 
     Treasury, and the Secretary of the Treasury shall provide 
     timely reimbursement out of the Treasury of the United 
     States. The Secretary of the Treasury shall provide that 
     reimbursement not later than 2 business days after receipt of 
     the determination from the Secretary of Labor.
       (c) Fraud.--The Secretary of Labor and the Secretary of the 
     Treasury shall both have authority to investigate fraud under 
     this section and to seek recovery of fraudulently obtained 
     funds and related penalties in any court of competent 
     jurisdiction.

 TITLE III--PAID SICK DAYS AND PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES

     SEC. _301. DEFINITIONS.

       In this title:
       (1) Child.--The term ``child'' means a biological, foster, 
     or adopted child, a stepchild, a child of a domestic partner, 
     a legal ward, or a child of a person standing in loco 
     parentis.
       (2) Covered individual.--The term ``covered individual'' 
     means an individual who is--
       (A) an employee; or
       (B) an individual performing any services or labor for 
     remuneration for an employer, regardless of whether the 
     individual is classified as an independent contractor by the 
     employer.
       (3) Domestic partner.--
       (A) In general.--The term ``domestic partner'', with 
     respect to an individual, means another individual with whom 
     the individual is in a committed relationship.
       (B) Committed relationship defined.--The term ``committed 
     relationship'' means a relationship between 2 individuals, 
     each at least 18 years of age, in which each individual is 
     the other individual's sole domestic partner and both 
     individuals share responsibility for a significant measure of 
     each other's common welfare. The term includes any such 
     relationship between 2 individuals, including individuals of 
     the same sex, that is granted legal recognition by a State or 
     political subdivision of a State as a marriage or analogous 
     relationship, including a civil union or domestic 
     partnership.
       (4) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 40002(a) of the 
     Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), 
     except that the reference in such section to the term 
     ``jurisdiction receiving grant monies'' shall be deemed to 
     mean the jurisdiction in which the victim lives or the 
     jurisdiction in which the employer involved is located. Such 
     term also includes dating violence, as that term is defined 
     in such section.
       (5) Employee.--The term ``employee'' means an individual 
     who is--
       (A)(i) an employee, as defined in section 3(e) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not 
     covered under subparagraph (E), except that a reference in 
     such section to an employer shall be considered to be a 
     reference to an employer described in clauses (i)(I) and (ii) 
     of paragraph (6)(A); or
       (ii) an employee of the Government Accountability Office;
       (B) a State employee described in section 304(a) of the 
     Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
     16c(a));
       (C) a covered employee, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301), 
     other than an applicant for employment;
       (D) a covered employee, as defined in section 411(c) of 
     title 3, United States Code; or
       (E) a Federal officer or employee covered under subchapter 
     V of chapter 63 of title 5, United States Code, or any other 
     individual occupying a position in the civil service (as that 
     term is defined in section 2102(1) of title 5, United States 
     Code).
       (6) Employer.--
       (A) In general.--The term ``employer'' means a person who 
     is--
       (i)(I) a covered employer, as defined in subparagraph (B), 
     who is not covered under subclause (V);
       (II) an entity employing a State employee described in 
     section 304(a) of the Government Employee Rights Act of 1991;
       (III) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995;
       (IV) an employing office, as defined in section 411(c) of 
     title 3, United States Code; or
       (V) an employing agency covered under subchapter V of 
     chapter 63 of title 5, United States Code; and
       (ii) engaged in commerce (including government), or an 
     industry or activity affecting commerce (including 
     government), as defined in subparagraph (B)(iii).
       (B) Covered employer.--
       (i) In general.--In subparagraph (A)(i)(I), the term 
     ``covered employer''--

       (I) means any person engaged in commerce or in any industry 
     or activity affecting commerce who employs 1 or more 
     employees;
       (II) includes--

       (aa) any person who acts directly or indirectly in the 
     interest of (within the meaning of section 3(d) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(d)) an employer in 
     relation to any of the employees of such employer; and
       (bb) any successor in interest of an employer;

       (III) includes any ``public agency'', as defined in section 
     3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(x)); and
       (IV) includes the Government Accountability Office.

       (ii) Public agency.--For purposes of subclause (III) or 
     (IV) of clause (i), a public agency shall be considered to be 
     a person engaged in commerce or in an industry or activity 
     affecting commerce.
       (iii) Definitions.--For purposes of this subparagraph:

       (I) Commerce.--The terms ``commerce'' and ``industry or 
     activity affecting commerce'' mean any activity, business, or 
     industry in commerce or in which a labor dispute would hinder 
     or obstruct commerce or the free flow of commerce, and 
     include ``commerce'' and any ``industry affecting commerce'', 
     as defined in paragraphs (1) and (3) of section 501 of the 
     Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and 
     (3)).
       (II) Employee.--The term ``employee'' has the same meaning 
     given such term in section 3(e) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(e)).
       (III) Person.--The term ``person'' has the same meaning 
     given such term in section 3(a) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(a)).

       (C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       (7) Employment benefits.--The term ``employment benefits'' 
     means all benefits provided or made available to covered 
     individuals by an employer, including group life insurance, 
     health insurance, disability insurance, sick leave, annual 
     leave, educational benefits, and pensions, regardless of 
     whether such benefits are provided by a practice or written 
     policy of an employer or through an ``employee benefit 
     plan'', as defined in section 3(3) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002(3)).
       (8) FLSA terms.--The terms ``employ'' and ``State'' have 
     the meanings given the terms in section 3 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203).
       (9) Health care provider.--The term ``health care 
     provider'' means a provider who--
       (A)(i) is a doctor of medicine or osteopathy who is 
     authorized to practice medicine or surgery (as appropriate) 
     by the State in which the doctor practices; or
       (ii) is any other person determined by the Secretary to be 
     capable of providing health care services; and
       (B) is not employed by an employer for whom the provider 
     issues certification under this title.
       (10) Paid sick time.--The term ``paid sick time'' means an 
     increment of compensated leave that--
       (A) can be--
       (i) earned by a covered individual for use during an 
     absence from employment or work for a reason described in any 
     paragraph of section _302(b); or
       (ii) provided by an employer during a public health 
     emergency for use during an absence from employment or work 
     for a reason described in any paragraph of section _302(b); 
     and
       (B) is compensated at a rate that is not less than the 
     greatest of--
       (i) the covered individual's regular rate of pay;
       (ii) the minimum wage rate provided for in section 6(a)(1) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(a)(1)); or
       (iii) the minimum wage rate provided for in the applicable 
     State or local law for the State or locality in which the 
     covered individual is employed or works.
       (11) Parent.--The term ``parent'' means a biological, 
     foster, or adoptive parent of a covered individual, a 
     stepparent of a covered individual, a parent-in-law of a 
     covered individual, a parent of a domestic partner of a 
     covered individual, or a legal guardian or other person who 
     stood in loco parentis to a covered individual when the 
     covered individual was a child.
       (12) Public health emergency.--The term ``public health 
     emergency'' means--
       (A) a public health emergency--
       (i) declared by the Secretary of Health and Human Services 
     for a jurisdiction, or by a State or local public health 
     official with authority to declare such an emergency for the 
     State or jurisdiction within the State; and
       (ii) due to a public health condition that is--

       (I) emergent and acute;
       (II) not a longstanding, chronic public health condition; 
     and

       (B) an emergency with respect to coronavirus, as defined in 
     section 506 of the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123), 
     declared by a Federal, State, or local public official.
       (13) Qualified caregiving.--

[[Page S1810]]

       (A) In general.--The term ``qualified caregiving'' means 
     any activity engaged in by an individual, other than regular 
     employment, for a reason for which an eligible employee would 
     be entitled to leave under subparagraphs (A) through (E) of 
     paragraph (1) of section 102(a) of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2612(a)).
       (B) Determination of whether an activity constitutes 
     qualified caregiving.--For purposes of determining whether an 
     activity engaged in by an individual constitutes qualified 
     caregiving under subparagraph (A)--
       (i) the term ``spouse'' (as used in section 102(a) of the 
     Family and Medical Leave Act (29 U.S.C. 2612(a))) includes 
     the individual's domestic partner; and
       (ii) the term ``son or daughter'' (as used in such section) 
     includes a son or daughter (as defined in section 101 of such 
     Act (29 U.S.C. 2611) of the individual's domestic partner.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (15) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 40002(a) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(a)).
       (16) Spouse.--The term ``spouse'', with respect to a 
     covered individual, has the meaning given such term by the 
     marriage laws of the State in which the marriage was 
     celebrated.
       (17) Stalking.--The term ``stalking'' has the meaning given 
     the term in section 40002(a) of the Violence Against Women 
     Act of 1994 (34 U.S.C. 12291(a)).
       (18) Victim services organization.--The term ``victim 
     services organization'' means a nonprofit, nongovernmental 
     organization that provides assistance to victims of domestic 
     violence, sexual assault, or stalking or advocates for such 
     victims, including a rape crisis center, an organization 
     carrying out a domestic violence, sexual assault, or stalking 
     prevention or treatment program, an organization operating a 
     shelter or providing counseling services, or a legal services 
     organization or other organization providing assistance 
     through the legal process.
       (19) Work.--The term ``work'' means to be employed or to be 
     engaged in providing labor or services for an employer.

     SEC. _302. PAID SICK TIME AND EMERGENCY PAID LEAVE.

       (a) Earning of Paid Sick Time.--
       (1) In general.--
       (A) Earning.--Subject to subsection (c) and paragraph (2), 
     an employer shall provide each covered individual employed by 
     or working for the employer not less than 1 hour of earned 
     paid sick time for every 30 hours worked, to be used as 
     described in subsection (b).
       (B) Limit.--An employer shall not be required to permit a 
     covered individual to earn, under this subsection, more than 
     56 hours of paid sick time in a year, unless the employer 
     chooses to set a higher limit.
       (2) Exempt employees.--
       (A) In general.--Except as provided in paragraph (3), for 
     purposes of this subsection, an employee who is exempt from 
     overtime requirements under section 13(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) shall be 
     assumed to work 40 hours in each workweek.
       (B) Shorter normal workweek.--If the normal workweek of 
     such an employee is less than 40 hours, the employee shall 
     earn paid sick time under this subsection based upon that 
     normal workweek.
       (3) Dates for beginning to earn paid sick time and use.--
       (A) In general.--Covered individuals shall begin to earn 
     paid sick time under this subsection at the commencement of 
     their employment or work. A covered individual shall be 
     entitled to use the earned paid sick time beginning on the 
     60th calendar day following commencement of the covered 
     individual's employment or work. After that 60th calendar 
     day, the covered individual may use the paid sick time as the 
     time is earned. An employer may, at the discretion of the 
     employer, loan paid sick time to a covered individual for use 
     by such covered individual in advance of the covered 
     individual earning such sick time as provided in this 
     subsection and may permit use before the 60th day of 
     employment or work.
       (B) Public health emergency.--Subparagraph (A) shall not 
     apply with respect to additional paid sick time provided 
     under subsection (c). In the event of a public health 
     emergency, a covered individual may immediately use the 
     accrued or additional paid sick time described in subsection 
     (c), regardless of how long the covered individual has been 
     employed by or working for an employer.
       (4) Carryover.--
       (A) In general.--Except as provided in subparagraph (B), 
     paid sick time earned under this subsection shall carry over 
     from 1 year to the next.
       (B) Construction.--This subsection shall not be construed 
     to require an employer to permit a covered individual to earn 
     more than 56 hours of earned paid sick time at a given time.
       (5) Employers with existing policies.--Any employer with a 
     paid leave policy who makes available an amount of paid leave 
     that is sufficient to meet the requirements of this 
     subsection and that may be used for the same purposes and 
     under the same conditions as the purposes and conditions 
     outlined in subsection (b) shall not be required to permit a 
     covered individual to earn more paid sick time under this 
     subsection.
       (6) Construction.--Nothing in this section shall be 
     construed as requiring financial or other reimbursement to a 
     covered individual from an employer upon the covered 
     individual's termination, resignation, retirement, or other 
     separation from employment or work for paid sick time that 
     has not been used.
       (7) Reinstatement.--If a covered individual is separated 
     from employment or work with an employer and is rehired or 
     reengaged for work, within 12 months after that separation, 
     by the same employer, the employer shall reinstate the 
     covered individual's previously earned paid sick time under 
     this subsection. The covered individual shall be entitled to 
     use the earned paid sick time and earn more paid sick time at 
     the recommencement of employment or work with the employer.
       (8) Prohibition.--An employer may not require, as a 
     condition of providing paid sick time under this title, that 
     the covered individual involved search for or find a 
     replacement covered individual to cover the hours during 
     which the covered individual is using paid sick time.
       (9) Scheduling.--A covered individual shall make a 
     reasonable effort to schedule a period of accrued paid sick 
     time under this subsection in a manner that does not unduly 
     disrupt the operations of the employer.
       (b) Uses.--Paid sick time or emergency paid leave under 
     this section may be used by a covered individual for any of 
     the following:
       (1) An absence resulting from a physical or mental illness, 
     injury, or medical condition of the covered individual.
       (2) An absence resulting from obtaining professional 
     medical diagnosis or care, or preventive medical care, for 
     the covered individual.
       (3) An absence resulting from the closure of a covered 
     individual's place of employment or work by order of a 
     Federal or State public official with jurisdiction, or at the 
     employer's discretion, due to a public health emergency.
       (4) An absence because a Federal or State public official 
     with jurisdiction or a health care provider has determined, 
     or the covered individual has independently determined, that 
     the covered individual's presence in the community may 
     jeopardize the health of others because of the covered 
     individual's exposure to a communicable disease during a 
     public health emergency or the exhibition of symptoms of a 
     communicable disease during a public health emergency, 
     regardless of whether the covered individual has actually 
     contracted the communicable disease.
       (5) An absence for the purpose of caring for a child, a 
     parent, a spouse, a domestic partner, or any other individual 
     related by blood or affinity whose close association with the 
     covered individual is the equivalent of a family 
     relationship--
       (A) who has any of the conditions or needs for diagnosis or 
     care described in paragraph (4);
       (B) who is a child, if the child's school or place of care 
     has been closed by order of a Federal or State public 
     official with jurisdiction or at the discretion of the school 
     or place of care due to a public health emergency, including 
     if a school or entity operating the place of care is 
     physically closed but is providing education or care to the 
     child remotely; or
       (C) because a Federal or State public official with 
     jurisdiction or a health care provider has determined that 
     the presence in the community of the person receiving care 
     may jeopardize the health of others because of the person's 
     exposure to a communicable disease during a public health 
     emergency, regardless of whether the person has actually 
     contracted the communicable disease.
       (6) An absence for the purpose of caring for a child, a 
     parent, a spouse, a domestic partner, or any other individual 
     related by blood or affinity whose close association with the 
     covered individual is the equivalent of a family 
     relationship--
       (A) who has any of the conditions or needs for diagnosis or 
     care described in paragraph (1) or (2);
       (B) who is a child, if the covered individual is required 
     to attend a school meeting or a meeting at a place where the 
     child is receiving care necessitated by the child's health 
     condition or disability; or
       (C) who is otherwise in need of care.
       (7) An absence resulting from domestic violence, sexual 
     assault, or stalking, if the time is to--
       (A) seek medical attention for the covered individual or 
     the covered individual's child, parent, spouse, domestic 
     partner, or an individual related to the covered individual 
     as described in paragraph (6), to recover from physical or 
     psychological injury or disability caused by domestic 
     violence, sexual assault, or stalking;
       (B) obtain or assist a related person described in 
     paragraph (6) in obtaining services from a victim services 
     organization;
       (C) obtain or assist a related person described in 
     paragraph (6) in obtaining psychological or other counseling;
       (D) seek relocation; or
       (E) take legal action, including preparing for or 
     participating in any civil or criminal legal proceeding 
     related to or resulting from domestic violence, sexual 
     assault, or stalking.
       (c) Additional Paid Sick Time for Public Health 
     Emergency.--
       (1) Additional paid sick time.--On the date of a 
     declaration of a public health emergency, an employer in the 
     jurisdiction involved shall provide each covered individual

[[Page S1811]]

     of the employer in that jurisdiction with additional paid 
     sick time, in addition to any amount of paid sick time 
     accrued by the covered individual under subsection (a) 
     (including paid leave referred to in subsection (a)(5)).
       (2) Amount of paid sick time.--In receiving additional paid 
     sick time under paragraph (1), the covered individual shall 
     receive--
       (A) for a full-time salaried covered individual, a 
     specified amount of paid sick time that is sufficient to 
     provide the covered individual with 14 continuous days away 
     from work without a reduction in pay; and
       (B) subject to paragraph (3), for a part-time, hourly, or 
     piece-rate covered individual, a specified amount of paid 
     sick time equal to the number of hours that the covered 
     individual was scheduled to work or, if not so scheduled, 
     regularly works in a 14-day period.
       (3) Varying schedule hours calculation.--
       (A) In general.--In the case of a part-time, hourly, or 
     piece-rate covered individual described in paragraph (2)(B) 
     whose schedule varies from week to week to such an extent 
     that an employer is unable to determine with certainty the 
     number of hours the covered individual regularly works, the 
     employer shall use the rules specified in subparagraph (B) to 
     calculate the amount of additional paid sick time that the 
     covered individual shall receive under paragraph (2)(B).
       (B) Special calculation rules.--The employer shall 
     calculate that amount as--
       (i) subject to clause (ii), a number equal to the average 
     number of hours that the covered individual was scheduled to 
     work per 14-day period over the 6-month period ending on the 
     date on which the covered individual takes such additional 
     paid sick time, including hours for which the covered 
     individual took leave of any type; or
       (ii) if the covered individual did not work over such 6-
     month period, the reasonable expectation of the covered 
     individual at the time of hiring or engagement of the average 
     number of hours per 14-day period that the covered individual 
     would regularly be scheduled to work.
       (4) Guidelines.--Not later than 5 days after the date of 
     the enactment of this Act, the Secretary of Labor shall issue 
     guidelines to assist employers in calculating the amount of 
     additional paid sick time that a covered individual shall 
     receive under this subsection.
       (5) Use of leave.--The additional sick time and accrued 
     sick time described in this subsection shall be available for 
     immediate use by the covered individual for the purposes 
     described in any paragraph of subsection (b) beginning on the 
     date a public health emergency is declared, regardless of how 
     long the covered individual has been employed by or working 
     for an employer.
       (6) Periods.--A covered individual may take the additional 
     sick time on the schedule that meets the covered individual's 
     needs, consistent with subsection (b), including taking the 
     additional sick time intermittently or on a reduced leave 
     schedule, and an employer may not require a covered 
     individual to take the additional sick time in a single 
     period or on any other schedule specified by the employer.
       (d) Emergency Paid Leave for Public Health Emergency.--
       (1) In general.--During a public health emergency, an 
     employer in the jurisdiction involved shall provide each 
     covered individual of the employer in that jurisdiction with 
     emergency paid leave, in addition to any amount of paid sick 
     time accrued by the covered individual under subsection (a) 
     (including paid leave referred to in subsection (a)(5)) and 
     in addition to additional paid sick time under subsection 
     (c).
       (2) Amount of paid leave.--In receiving emergency paid 
     leave under paragraph (1), the covered individual shall 
     receive 12 weeks of such paid leave.
       (3) Amount of benefit.--In receiving emergency paid leave 
     under paragraph (1), the covered individual shall be 
     compensated at a rate that is not less than the greatest of--
       (A) two-thirds of the covered individual's regular rate of 
     pay;
       (B) the minimum wage rate provided for in section 6(a)(1) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(a)(1)); or
       (C) the minimum wage rate provided for in the applicable 
     State or local law for the State or locality in which the 
     covered individual is employed or working.
       (4) Use of leave.--The emergency paid leave described in 
     this subsection shall be available for immediate use by the 
     covered individual for the purposes described in any 
     paragraph of subsection (b), and for qualified caregiving, 
     beginning on the date a public health emergency is declared, 
     regardless of how long the covered individual has been 
     employed by or working for an employer.
       (5) Periods.--A covered individual may take the emergency 
     paid leave on the schedule that meets the covered 
     individual's needs, consistent with subsection (b) and the 
     definition of qualified caregiving, including taking the 
     emergency paid leave intermittently or on a reduced leave 
     schedule, and an employer may not require a covered 
     individual to take the emergency paid leave in a single 
     period or on any other schedule specified by the employer.
       (6) Sequencing.--During a public health emergency, a 
     covered individual may first use the additional sick time for 
     the purposes described in any paragraph of subsection (b). 
     The covered individual may then use the emergency paid leave 
     during a public health emergency. A covered individual may 
     elect to use accrued sick time before additional sick time or 
     emergency paid leave. An employer may not require a covered 
     individual to use accrued sick time or any other paid leave 
     provided by the employer to the covered individual, before 
     using additional sick time or emergency paid leave.
       (7) Construction.--Nothing in this section shall be 
     construed as requiring financial or other reimbursement to a 
     covered individual from an employer upon the covered 
     individual's termination, resignation, retirement, or other 
     separation from employment or work for emergency paid leave 
     that has not been used.
       (8) Prohibition.--An employer may not require, as a 
     condition of providing emergency paid leave under this title, 
     that the covered individual involved search for or find a 
     replacement covered individual to cover the hours during 
     which the covered individual is using emergency paid leave.
       (e) Procedures.--
       (1) In general.--Paid sick time and emergency paid leave 
     shall be provided upon the oral or written request of a 
     covered individual. Such request shall--
       (A) include the expected duration of the period of such 
     time or leave;
       (B) in a case in which the need for such period of time is 
     foreseeable at least 7 days in advance of such period, be 
     provided at least 7 days in advance of such period; and
       (C) otherwise, be provided as soon as practicable after the 
     covered individual is aware of the need for such period.
       (2) Certification in general.--
       (A) Provision.--
       (i) In general.--Subject to subparagraphs (C) and (D), an 
     employer may require that a request for paid sick time under 
     this section for a purpose described in paragraph (1), (2), 
     or (6) of subsection (b) be supported by a certification 
     issued by the health care provider of the covered individual 
     or of an individual described in subsection (b)(6), as 
     appropriate, if the period of such time covers more than 3 
     consecutive workdays.
       (ii) Timeliness.--The covered individual shall provide a 
     copy of such certification to the employer in a timely 
     manner, not later than 30 days after the first day of the 
     period of time. The employer shall not delay the commencement 
     of the period of time on the basis that the employer has not 
     yet received the certification.
       (B) Sufficient certification.--
       (i) In general.--A certification provided under 
     subparagraph (A) shall be sufficient if it states--

       (I) the date on which the period of time will be needed;
       (II) the probable duration of the period of time;
       (III) the appropriate medical facts within the knowledge of 
     the health care provider regarding the condition involved, 
     subject to clause (ii); and
       (IV)(aa) for purposes of paid sick time under subsection 
     (b)(1), a statement that absence from work is medically 
     necessary;
       (bb) for purposes of such time under subsection (b)(2), the 
     dates on which testing for a medical diagnosis or care is 
     expected to be given and the duration of such testing or 
     care; and
       (cc) for purposes of such time under subsection (b)(6), in 
     the case of time to care for someone who is not a child, a 
     statement that care is needed for an individual described in 
     such subsection, and an estimate of the amount of time that 
     such care is needed for such individual.

       (ii) Limitation.--In issuing a certification under 
     subparagraph (A), a health care provider shall make 
     reasonable efforts to limit the medical facts described in 
     clause (i)(III) that are disclosed in the certification to 
     the minimum necessary to establish a need for the covered 
     individual to utilize paid sick time.
       (C) Public health emergencies.--No certification or other 
     documentation may be required under this title by an employer 
     during any public health emergency.
       (D) Regulations.--Regulations prescribed under section _311 
     shall specify the manner in which a covered individual who 
     does not have health insurance shall provide a certification 
     for purposes of this paragraph.
       (E) Confidentiality and nondisclosure.--
       (i) Protected health information.--Nothing in this title 
     shall be construed to require a health care provider to 
     disclose information in violation of section 1177 of the 
     Social Security Act (42 U.S.C. 1320d-6) or the regulations 
     promulgated pursuant to section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).
       (ii) Health information records.--If an employer possesses 
     health information about a covered individual or a covered 
     individual's child, parent, spouse, domestic partner, or an 
     individual related to the covered individual as described in 
     subsection (b)(6), such information shall--

       (I) be maintained on a separate form and in a separate file 
     from other personnel information;
       (II) be treated as a confidential medical record; and
       (III) not be disclosed except to the affected covered 
     individual or with the permission of the affected covered 
     individual.

       (3) Certification in the case of domestic violence, sexual 
     assault, or stalking.--

[[Page S1812]]

       (A) In general.--An employer may require that a request for 
     paid sick time for a purpose described in subsection (b)(7) 
     be supported by any one of the following forms of 
     documentation, but the employer may not specify the 
     particular form of documentation to be provided:
       (i) A police report indicating that the covered individual, 
     or a member of the covered individual's family described in 
     subsection (b)(7), was a victim of domestic violence, sexual 
     assault, or stalking.
       (ii) A court order protecting or separating the covered 
     individual or a member of the covered individual's family 
     described in subsection (b)(7) from the perpetrator of an act 
     of domestic violence, sexual assault, or stalking, or other 
     evidence from the court or prosecuting attorney that the 
     covered individual or a member of the covered individual's 
     family described in subsection (b)(7) has appeared in court 
     or is scheduled to appear in court in a proceeding related to 
     domestic violence, sexual assault, or stalking.
       (iii) Other documentation signed by a covered individual or 
     volunteer working for a victim services organization, an 
     attorney, a police officer, a medical professional, a social 
     worker, an antiviolence counselor, or a member of the clergy, 
     affirming that the covered individual or a member of the 
     covered individual's family described in subsection (b)(7) is 
     a victim of domestic violence, sexual assault, or stalking.
       (B) Requirements.--The requirements of paragraph (2) shall 
     apply to certifications under this paragraph, except that--
       (i) subclauses (III) and (IV) of subparagraph (B)(i) and 
     subparagraph (B)(ii) of such paragraph shall not apply;
       (ii) the certification shall state the reason that the 
     leave is required with the facts to be disclosed limited to 
     the minimum necessary to establish a need for the covered 
     individual to be absent from work, and the covered individual 
     shall not be required to explain the details of the domestic 
     violence, sexual assault, or stalking involved; and
       (iii) with respect to confidentiality under subparagraph 
     (E) of such paragraph, any information provided to the 
     employer under this paragraph shall be confidential, except 
     to the extent that any disclosure of such information is--

       (I) requested or consented to in writing by the covered 
     individual; or
       (II) otherwise required by applicable Federal or State law.

       (f) Restoration to Position.--The provisions of section 
     104(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2614(a)) or section 6384 of title 5, United States Code, as 
     the case may be, shall apply to a covered individual taking 
     accrued or additional paid sick time, or emergency paid 
     leave, under this title, and to the employer of the covered 
     individual. Such provisions shall be enforced in accordance 
     with this title.
       (g) Maintenance of Health Benefits.--The provisions of 
     section 104(c)(1) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2614(c)(1)) shall apply to a covered individual 
     taking accrued or additional paid sick time, or emergency 
     paid leave, under this title, and to the employer of the 
     covered individual. Such provisions shall be enforced in 
     accordance with this title.
       (h) No Effect on Eligibility for Supplemental Security 
     Income.--Any paid sick time or emergency paid leave provided 
     to a covered individual under this title shall not be 
     regarded as income or resources for any month, for purposes 
     of determining the eligibility of the recipient (or the 
     recipient's spouse or family) for benefits or assistance, or 
     the amount or extent of benefits or assistance, under the 
     supplemental security income program established under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.).

     SEC. _303. EMPLOYMENT UNDER MULTIEMPLOYER COLLECTIVE 
                   BARGAINING AGREEMENTS.

       (a) Employers.--An employer signatory to a multiemployer 
     collective bargaining agreement may, consistent with its 
     bargaining obligations and its collective bargaining 
     agreement, fulfill its obligations under this title by making 
     contributions to a multiemployer fund, plan, or program based 
     on the hours of paid sick time, and of emergency paid leave, 
     each of its employees is entitled to under this title while 
     working under the multiemployer collective bargaining 
     agreement, provided that the fund, plan, or program enables 
     employees to secure pay from such fund, plan, or program 
     based on the hours the employees have worked under the 
     multiemployer collective bargaining agreement and for the 
     amount of time and uses specified under this title.
       (b) Employees.--Employees who work under a multiemployer 
     collective bargaining agreement into which their employers 
     make contributions as provided in subsection (a) may secure 
     pay from such fund, plan, or program based on hours the 
     employees have worked under the multiemployer collective 
     bargaining agreement for the amount of time and uses 
     specified under this title.

     SEC. _304. NOTICE REQUIREMENT.

       (a) In General.--Each employer shall notify each covered 
     individual and include in any covered individual handbook the 
     information described in paragraphs (1) through (4). Each 
     employer shall post and keep posted a notice, to be prepared 
     or approved in accordance with procedures specified in 
     regulations prescribed under section _311, setting forth 
     excerpts from, or summaries of, the pertinent provisions of 
     this title including--
       (1) information describing paid sick time and paid 
     emergency leave available to covered individuals under this 
     title;
       (2) information pertaining to the filing of an action under 
     this title;
       (3) the details of the notice requirement for a foreseeable 
     period of time under section _302(e)(1)(B); and
       (4) information that describes--
       (A) the protections that a covered individual has in 
     exercising rights under this title; and
       (B) how the covered individual can contact the Secretary 
     (or other appropriate authority as described in section _306) 
     if any of the rights are violated.
       (b) Location.--The notice described under subsection (a) 
     shall be posted--
       (1) in conspicuous places on the premises of the employer, 
     where notices to covered individuals (including applicants) 
     are customarily posted; or
       (2) in covered individual handbooks.
       (c) Model Notice.--Not later than 5 days after the date of 
     enactment of this Act, the Secretary of Labor shall make 
     publicly available a model notice that meets the requirements 
     of subsection (a).
       (d) Violation; Penalty.--Any employer who willfully 
     violates the posting requirements of this section shall be 
     subject to a civil fine in an amount not to exceed $100 for 
     each separate offense.

     SEC. _305. PROHIBITED ACTS.

       (a) Interference With Rights.--
       (1) Exercise of rights.--It shall be unlawful for any 
     employer to interfere with, restrain, or deny the exercise 
     of, or the attempt to exercise, any right provided under this 
     title, including--
       (A) discharging or discriminating against (including 
     retaliating against) any individual, including a job 
     applicant, for exercising, or attempting to exercise, any 
     right provided under this title;
       (B) using the taking of paid sick time or emergency paid 
     leave under this title as a negative factor in an employment 
     action or work-related action, such as hiring, promotion, 
     reducing hours or number of shifts, or a disciplinary action; 
     or
       (C) counting the paid sick time or emergency paid leave 
     under a no-fault attendance policy or any other absence 
     control policy.
       (2) Discrimination.--It shall be unlawful for any employer 
     to discharge or in any other manner discriminate against 
     (including retaliating against) any individual, including a 
     job applicant, for opposing any practice made unlawful by 
     this title.
       (b) Interference With Proceedings or Inquiries.--It shall 
     be unlawful for any person to discharge or in any other 
     manner discriminate against (including retaliating against) 
     any individual, including a job applicant, because such 
     individual--
       (1) has filed an action, or has instituted or caused to be 
     instituted any proceeding, under or related to this title;
       (2) has given, or is about to give, any information in 
     connection with any inquiry or proceeding relating to any 
     right provided under this title; or
       (3) has testified, or is about to testify, in any inquiry 
     or proceeding relating to any right provided under this 
     title.
       (c) Construction.--Nothing in this section shall be 
     construed to state or imply that the scope of the activities 
     prohibited by section 105 of the Family and Medical Leave Act 
     of 1993 (29 U.S.C. 2615) is less than the scope of the 
     activities prohibited by this section.

     SEC. _306. ENFORCEMENT AUTHORITY.

       (a) In General.--
       (1) Definition.--In this subsection--
       (A) the term ``employee'' means an employee described in 
     subparagraph (A) or (B) of section _301(5) or a corresponding 
     covered individual; and
       (B) the term ``employer'' means an employer described in 
     subclause (I) or (II) of section _301(6)(A)(i).
       (2) Investigative authority.--
       (A) In general.--To ensure compliance with the provisions 
     of this title, or any regulation or order issued under this 
     title, the Secretary shall have, subject to subparagraph (C), 
     the investigative authority provided under section 11(a) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
     respect to employers, employees, and other individuals 
     affected.
       (B) Obligation to keep and preserve records.--An employer 
     shall make, keep, and preserve records pertaining to 
     compliance with this title in accordance with section 11(c) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) 
     and in accordance with regulations prescribed by the 
     Secretary.
       (C) Required submissions generally limited to an annual 
     basis.--The Secretary shall not require, under the authority 
     of this paragraph, an employer to submit to the Secretary any 
     books or records more than once during any 12-month period, 
     unless the Secretary has reasonable cause to believe there 
     may exist a violation of this title or any regulation or 
     order issued pursuant to this title, or is investigating a 
     charge pursuant to paragraph (4).
       (D) Subpoena authority.--For the purposes of any 
     investigation provided for in this paragraph, the Secretary 
     shall have the subpoena authority provided for under section 
     9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
       (3) Civil action by employees or individuals.--
       (A) Right of action.--An action to recover the damages or 
     equitable relief prescribed in subparagraph (C) may be 
     maintained against any employer in any Federal or State court

[[Page S1813]]

     of competent jurisdiction by one or more employees or 
     individuals or their representative for and on behalf of--
       (i) the employees or individuals; or
       (ii) the employees or individuals and others similarly 
     situated.
       (B) No waiver.--In such an action brought by one or more 
     employees or individuals or their representative for and on 
     behalf of the persons described in clause (i) or (ii) of 
     subparagraph (A), to enforce the rights in this title, no 
     court of competent jurisdiction may grant an employer's 
     motion to compel arbitration, under chapter 1 of title 9, 
     United States Code, or any analogous State arbitration 
     statute, of the claims involved. An employee's right to bring 
     an action on behalf of similarly situated employees to 
     enforce such rights may not be subject to any private 
     agreement that purports to require the employees to pursue 
     claims on an individual basis.
       (C) Liability.--Any employer who violates section _305 
     (including a violation relating to rights provided under 
     section _302) shall be liable to any employee or individual 
     affected--
       (i) for damages equal to--

       (I) the amount of--

       (aa) any wages, salary, employment benefits, or other 
     compensation denied or lost by reason of the violation; or
       (bb) in a case in which wages, salary, employment benefits, 
     or other compensation have not been denied or lost, any 
     actual monetary losses sustained as a direct result of the 
     violation up to a sum equal to 56 hours of wages or salary 
     for the employee or individual, or the specified period 
     described in subsection (c)(2) or (d)(2) of section _302, or 
     a combination of those hours and that period, as the case may 
     be;

       (II) the interest on the amount described in subclause (I) 
     calculated at the prevailing rate; and
       (III) an additional amount as liquidated damages; and

       (ii) for such equitable relief as may be appropriate, 
     including employment, reinstatement, and promotion.
       (D) Fees and costs.--The court in an action under this 
     paragraph shall, in addition to any judgment awarded to the 
     plaintiff, allow a reasonable attorney's fee, reasonable 
     expert witness fees, and other costs of the action to be paid 
     by the defendant.
       (4) Action by the secretary.--
       (A) Administrative action.--The Secretary shall receive, 
     investigate, and attempt to resolve complaints of violations 
     of section _305 (including a violation relating to rights 
     provided under section _302) in the same manner that the 
     Secretary receives, investigates, and attempts to resolve 
     complaints of violations of sections 6 and 7 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
       (B) Civil action.--The Secretary may bring an action in any 
     court of competent jurisdiction to recover the damages 
     described in paragraph (3)(C)(i).
       (C) Sums recovered.--Any sums recovered by the Secretary 
     pursuant to subparagraph (B) shall be held in a special 
     deposit account and shall be paid, on order of the Secretary, 
     directly to each employee or individual affected. Any such 
     sums not paid to an employee or individual affected because 
     of inability to do so within a period of 3 years shall be 
     deposited into the Treasury of the United States as 
     miscellaneous receipts.
       (5) Limitation.--
       (A) In general.--Except as provided in subparagraph (B), an 
     action may be brought under paragraph (3), (4), or (6) not 
     later than 2 years after the date of the last event 
     constituting the alleged violation for which the action is 
     brought.
       (B) Willful violation.--In the case of an action brought 
     for a willful violation of section _305 (including a willful 
     violation relating to rights provided under section _302), 
     such action may be brought within 3 years of the date of the 
     last event constituting the alleged violation for which such 
     action is brought.
       (C) Commencement.--In determining when an action is 
     commenced under paragraph (3), (4), or (6) for the purposes 
     of this paragraph, it shall be considered to be commenced on 
     the date when the complaint is filed.
       (6) Action for injunction by secretary.--The district 
     courts of the United States shall have jurisdiction, for 
     cause shown, in an action brought by the Secretary--
       (A) to restrain violations of section _305 (including a 
     violation relating to rights provided under section _302), 
     including the restraint of any withholding of payment of 
     wages, salary, employment benefits, or other compensation, 
     plus interest, found by the court to be due to employees or 
     individuals eligible under this title; or
       (B) to award such other equitable relief as may be 
     appropriate, including employment, reinstatement, and 
     promotion.
       (7) Solicitor of labor.--The Solicitor of Labor may appear 
     for and represent the Secretary on any litigation brought 
     under paragraph (4) or (6).
       (8) Government accountability office.--Notwithstanding any 
     other provision of this subsection, in the case of the 
     Government Accountability Office, the authority of the 
     Secretary of Labor under this subsection shall be exercised 
     by the Comptroller General of the United States.
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--The powers, remedies, and procedures provided in 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301 
     et seq.) including section 401(d) of such Act (2 U.S.C. 
     1401(d)), to the Board (as defined in section 101 of that Act 
     (2 U.S.C. 1301)), the corresponding Federal agency described 
     in that section 401(d), or any person, alleging a violation 
     of subsection (a)(1) of section 202 of that Act (2 U.S.C. 
     1312) shall be the powers, remedies, and procedures this 
     title provides to that Board, the corresponding Federal 
     agency, or any person, alleging an unlawful employment 
     practice in violation of this title against an employee 
     described in section _301(5)(C) or a corresponding covered 
     individual.
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--The powers, remedies, and procedures provided 
     in chapter 5 of title 3, United States Code, to the 
     President, the Merit Systems Protection Board, or any person, 
     alleging a violation of section 412(a)(1) of that title, 
     shall be the powers, remedies, and procedures this title 
     provides to the President, that Board, or any person, 
     respectively, alleging an unlawful employment practice in 
     violation of this title against an employee described in 
     section _301(5)(D) or a corresponding covered individual.
       (d) Employees Covered by Chapter 63 of Title 5, United 
     States Code.--The powers, remedies, and procedures provided 
     in title 5, United States Code, to an employing agency, 
     provided in chapter 12 of that title to the Merit Systems 
     Protection Board, or provided in that title to any person, 
     alleging a violation of chapter 63 of that title shall be the 
     powers, remedies, and procedures this title provides to that 
     agency, that Board, or any person, respectively, alleging an 
     unlawful employment practice in violation of this title 
     against an employee described in section _301(5)(E) or a 
     corresponding covered individual.
       (e) Remedies for State Employees.--
       (1) Waiver of sovereign immunity.--A State's receipt or use 
     of Federal financial assistance for any program or activity 
     of a State shall constitute a waiver of sovereign immunity, 
     under the 11th Amendment to the Constitution or otherwise, to 
     a suit brought by a covered individual of that program or 
     activity under this title for equitable, legal, or other 
     relief authorized under this title.
       (2) Official capacity.--An official of a State may be sued 
     in the official capacity of the official by any covered 
     individual who has complied with the procedures under 
     subsection (a)(3), for injunctive relief that is authorized 
     under this title. In such a suit the court may award to the 
     prevailing party those costs authorized by section 722 of the 
     Revised Statutes (42 U.S.C. 1988).
       (3) Applicability.--With respect to a particular program or 
     activity, paragraph (1) applies to conduct occurring on or 
     after the day, after the date of enactment of this Act, on 
     which a State first receives or uses Federal financial 
     assistance for that program or activity.
       (4) Definition of program or activity.--In this subsection, 
     the term ``program or activity'' has the meaning given the 
     term in section 606 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d-4a).

     SEC. _307. EDUCATION AND OUTREACH.

       The Secretary may conduct a public awareness campaign to 
     educate and inform the public of the requirements for paid 
     sick time and paid emergency leave required by this title.

     SEC. _308. EFFECT ON OTHER LAWS.

       (a) Federal and State Antidiscrimination Laws.--Nothing in 
     this title shall be construed to modify or affect any Federal 
     or State law prohibiting discrimination on the basis of race, 
     religion, color, national origin, sex, age, disability, 
     sexual orientation, gender identity, marital status, familial 
     status, or any other protected status.
       (b) State and Local Laws.--Nothing in this title shall be 
     construed to supersede (including preempting) any provision 
     of any State or local law that provides greater paid sick 
     time or leave rights (including greater amounts of paid sick 
     time or leave, or greater coverage of those eligible for paid 
     sick time or leave) than the rights established under this 
     title.

     SEC. _309. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

       (a) More Protective.--Nothing in this title shall be 
     construed to diminish the obligation of an employer to comply 
     with any contract, collective bargaining agreement, or any 
     employment benefit program or plan that provides greater paid 
     sick leave or other leave rights to covered individuals than 
     the rights established under this title.
       (b) Less Protective.--The rights established for covered 
     individuals under this title shall not be diminished by any 
     contract, collective bargaining agreement, or any employment 
     benefit program or plan.

     SEC. _310. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

       Nothing in this title shall be construed to discourage 
     employers from adopting or retaining leave policies more 
     generous than policies that comply with the requirements of 
     this title.

     SEC. _311. REGULATIONS.

       (a) In General.--
       (1) Authority.--Except as provided in paragraph (2) and 
     subject to subsection (e), not later than 180 days after the 
     date of enactment of this Act, the Secretary shall prescribe 
     such regulations as are necessary to carry out this title 
     with respect to employees described in subparagraph (A) or 
     (B) of section _301(5), corresponding covered individuals, 
     and other individuals affected by employers described in 
     subclause (I) or (II) of section _301(6)(A)(i).

[[Page S1814]]

       (2) Government accountability office.--Subject to 
     subsection (e), the Comptroller General of the United States 
     shall prescribe the regulations with respect to employees of 
     the Government Accountability Office, corresponding covered 
     individuals, and other individuals affected by the 
     Comptroller General of the United States.
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--
       (1) Authority.--Subject to subsection (e), not later than 
     90 days after the Secretary prescribes regulations under 
     subsection (a), the Board of Directors of the Office of 
     Congressional Workplace Rights shall prescribe (in accordance 
     with section 304 of the Congressional Accountability Act of 
     1995 (2 U.S.C. 1384)) and the corresponding Federal agency 
     described in section 401(d) of such Act (2 U.S.C. 1401(d)) 
     shall prescribe such regulations as are necessary to carry 
     out this title with respect to employees described in section 
     _301(5)(C), corresponding covered individuals, and other 
     individuals affected by employers described in section 
     _301(6)(A)(i)(III).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this title except 
     insofar as the Board may determine, for good cause shown and 
     stated together with the regulations prescribed under 
     paragraph (1), that a modification of such regulations would 
     be more effective for the implementation of the rights and 
     protections involved under this section.
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--
       (1) Authority.--Subject to subsection (e), not later than 
     90 days after the Secretary prescribes regulations under 
     subsection (a), the President (or the designee of the 
     President) shall prescribe such regulations as are necessary 
     to carry out this title with respect to employees described 
     in section _301(5)(D), corresponding covered individuals, and 
     other individuals affected by employers described in section 
     _301(6)(A)(i)(IV).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this title except 
     insofar as the President (or designee) may determine, for 
     good cause shown and stated together with the regulations 
     prescribed under paragraph (1), that a modification of such 
     regulations would be more effective for the implementation of 
     the rights and protections involved under this section.
       (d) Employees Covered by Chapter 63 of Title 5, United 
     States Code.--
       (1) Authority.--Subject to subsection (e), not later than 
     90 days after the Secretary prescribes regulations under 
     subsection (a), the Director of the Office of Personnel 
     Management shall prescribe such regulations as are necessary 
     to carry out this title with respect to employees described 
     in section _301(5)(E), corresponding covered individuals, and 
     other individuals affected by employers described in section 
     _301(6)(A)(i)(V).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this title except 
     insofar as the Director may determine, for good cause shown 
     and stated together with the regulations prescribed under 
     paragraph (1), that a modification of such regulations would 
     be more effective for the implementation of the rights and 
     protections involved under this section.
       (e) Immediate Compliance by Employers.--The rights and 
     responsibilities specified in this title shall apply to 
     employers on the first Sunday following enactment of this Act 
     and employers shall comply on such date, without regard to 
     whether regulations have been prescribed under this section.

     SEC. _312. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     division such sums as may be necessary for fiscal years 2020 
     through 2022.

     SEC. _313. EFFECTIVE DATES.

       (a) In General.--This division takes effect on the date of 
     enactment of this Act.
       (b) Previous Declarations.--If a public health emergency 
     was declared before and remains in effect on the date of 
     enactment of this Act, for purposes of this division (and in 
     particular section _302(c) of this division) the public 
     health emergency shall be considered to have been declared on 
     the date of enactment of this Act, including an emergency 
     described in section _301(12)(B).

     SEC. _314. REPEAL.

       This division is repealed, effective December 31, 2021.
                                 ______
                                 
  SA 1560. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill H.R. 6201, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2020, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES 
                   UNDER MEDICARE AND MEDICAID.

       (a) Findings.--Congress finds the following:
       (1) Allergies, when not properly diagnosed, cannot be 
     effectively treated.
       (2) Allergies to food, inhaled particles, or other sources 
     can cause debilitating and, in some cases, fatal reactions.
       (3) Allergies can substantially compound other illnesses, 
     including asthma, emphysema, and adult obstructive pulmonary 
     diseases, leading to social and economic costs for families 
     and our Nation's health care system.
       (4) According to clinical guidelines from the National 
     Institutes of Health and recommendations from peer-reviewed 
     literature, in vitro specific IgE tests and percutaneous 
     tests are considered equivalent as confirmatory tests in 
     terms of their sensitivity and accuracy.
       (5) Despite these recommendations, some current Medicare 
     local coverage determinations and Medicaid coverage policies 
     deny equal access to in vitro specific IgE tests and 
     percutaneous tests.
       (6) In vitro specific IgE tests and percutaneous tests must 
     be equally accessible for clinicians and patients to improve 
     health outcomes, reduce system costs, and reduce current 
     health care disparities caused by the lack of equal coverage.
       (b) Medicaid Coverage for Allergy Diagnostic Testing 
     Services.--
       (1) In general.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (A) in section 1902(a)--
       (i) in paragraph (85), by striking ``and'' at the end;
       (ii) in paragraph (86), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (86) the following new 
     paragraph:
       ``(87) provide, with respect to the provision of allergy 
     diagnostic testing services (as defined in section 1905(gg)) 
     under the State plan, for equality in the treatment of in 
     vitro specific IgE tests and percutaneous tests with respect 
     to--
       ``(A) any medical necessity or other coverage requirements 
     established for such in vitro specific IgE and percutaneous 
     tests;
       ``(B) any frequency limits established for such tests; and
       ``(C) any allergen unit limits established for such 
     tests.''; and
       (B) in section 1905--
       (i) in subsection (r)--

       (I) by redesignating paragraph (5) as paragraph (6); and
       (II) by inserting after paragraph (4) the following new 
     paragraph:

       ``(5) Allergy diagnostic testing services (as defined in 
     subsection (gg)).''; and
       (ii) by adding at the end the following new subsection:
       ``(gg) Allergy Diagnostic Testing Services Defined.--The 
     term `allergy diagnostic testing services' means in vitro 
     specific IgE tests and percutaneous tests that--
       ``(1) have been cleared under section 501(k), classified 
     under section 513(f)(2), or approved under section 515 of the 
     Federal Food, Drug, and Cosmetic Act; and
       ``(2) are provided to individuals for the purpose of 
     evaluating immunologic response to certain antigens.''.
       (2) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection shall apply with respect 
     to items and services provided on or after January 1, 2021.
       (B) Exception for state legislation.--In the case of a 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) that the Secretary of Health and Human 
     Services determines requires State legislation in order for 
     the respective plan to meet any requirement imposed by 
     amendments made by this subsection, the respective plan shall 
     not be regarded as failing to comply with the requirements of 
     such title solely on the basis of its failure to meet such an 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this subsection. For purposes of 
     the previous sentence, in the case of a State that has a 2-
     year legislative session, each year of the session shall be 
     considered to be a separate regular session of the State 
     legislature.
       (c) Medicare Coverage for Allergy Diagnostic Testing 
     Services.--
       (1) Coverage.--Section 1861 of the Social Security Act (42 
     U.S.C. 1395x) is amended--
       (A) in subsection (s)(2)--
       (i) in subparagraph (GG), by striking ``and'' at the end;
       (ii) in subparagraph (HH), by striking the period at the 
     end and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(II) allergy diagnostic testing services (as defined in 
     subsection (kkk));''; and
       (B) by adding at the end the following new subsection:
       ``(kkk) Allergy Diagnostic Testing Services.--
       ``(1) In general.--The term `allergy diagnostic testing 
     services' means in vitro specific IgE tests and percutaneous 
     tests--
       ``(A) that have been cleared under section 501(k), 
     classified under section 513(f)(2), or approved under section 
     515 of the Federal Food, Drug, and Cosmetic Act; and
       ``(B) which are furnished to individuals for the purpose of 
     evaluating immunologic response to certain antigens, as 
     determined appropriate by the practitioner ordering such 
     test.
       ``(2) Equal access to testing methods.--The Secretary shall 
     ensure equality in the treatment of in vitro specific IgE 
     tests and percutaneous tests described in paragraph (1) with 
     respect to--
       ``(A) any medical necessity or other coverage requirements 
     established for such in vitro specific IgE and percutaneous 
     tests;

[[Page S1815]]

       ``(B) any frequency limits established for such tests; and
       ``(C) any allergen unit limits established for a year for 
     such tests.''.
       (2) Payment.--Section 1834 of the Social Security Act (42 
     U.S.C. 1395m) is amended by adding at the end the following 
     new subsection:
       ``(x) Allergy Diagnostic Testing Services.--For purposes of 
     payment only, in the case of allergy diagnostic testing 
     services (as defined in section 1861(kkk))--
       ``(1) in vitro specific IgE tests shall be treated as 
     clinical diagnostic laboratory tests; and
       ``(2) percutaneous tests shall be treated as physicians' 
     services.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to items and services furnished on 
     or after January 1, 2021.

                          ____________________