,i #aafth ,,congress #b;d ,session ,h4 ,r4 #faih ,,in ,,the ,,house ,,of ,,representatives ,march #aa1 #bjbj,mrs4 ,murphy of ,florida 7for herself1 ,mr4 ,cunningham1 ,ms4 ,kendra ,s4 ,horn of ,oklahoma1 and ,ms4 ,torres ,small of ,new ,mexico7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to provide emergency paid leave benefits to certain individuals affected by ,,covid-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,paid ,leave ,act of #bjbj4 #b4 ,emergency paid leave benefits ,the ,social ,security ,act is amended by inserting after title ,v the following3 ,,vi ,emergency ,paid ,leave ,benefits #fja4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,emergency leave day 7,a7 ,in general ,the term emergency leave day means1 with respect to an individual1 a calendar day in which the individual is not able to engage in employment due to any of the following reasons3 7i7 ,the individual has a current diagnosis of ,,covid-#ai4 7ii7 ,the individual is under quarantine 7including self-imposed quarantine71 at the instruction of a health care provider1 employer1 or a local1 ,state1 or ,federal official1 in order to prevent the spread of ,,covid-#ai4 7iii7 ,the individual is engaged in caregiving for an individual who has a current diagnosis of ,,covid-#ai or is under quarantine as described in clause 7ii74 7iv7 ,the individual is engaged in caregiving1 because of the ,,covid-#ai-related closing of a school or other care facility or care program1 for a child or other individual unable to provide self-care4 7,b7 ,limitation ,no calendar day may be treated as an emergency leave day with respect to an individual if the individual-- 7i7 received any form of compensation from an employer 7other than ,state or private paid leave71 including wages or any form of accrued paid leave1 for such day2 or 7ii7 was eligible for unemployment compensation for the week in which such day occurs4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#c7 ,eligible individual ,the term eligible individual means an individual who had wages or self-employment income during the #cj-;day period ending on the first emergency leave day with respect to such individual4 7#d7 ,self-employment income ,the term self-employment income has the meaning given the term in section #adjb7;b7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by section #adja7;b7 of such ,code4 7#e7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia or any territory or possession of the ,united ,states4 7#f7 ,state or private paid leave ,the term ,state or private paid leave means a benefit which provides full or partial wage replacement to employees on the basis of specifically defined qualifying events described in section #ajb of the ,family and ,medical ,leave ,act of #aiic or defined by a written employer policy or ,state law and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted4 7#g7 ,unemployment compensation ,the term unemployment compensation means-- 7,a7 regular compensation1 extended compensation1 and additional compensation 7as such terms are defined by section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act 7#bf ,u4,s4,c4 #ccjd note772 and 7,b7 assistance under section #daj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagg74 7#h7 ,wages ,the term wages has the meaning given such term in section #caba7;a7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by sections #caja7;b7 and #caaa7;b7 of such ,code4 #fjb4 ,emergency paid leave benefits 7a7 ,in general ,the ,commissioner shall pay an emergency paid leave benefit1 to be paid electronically or1 if necessary1 by mail1 to each eligible individual for each #cj-;day period beginning and ending in the benefit period 7not to exceed #c7 for which the eligible individual has filed an application containing such certifications as required under subsection 7e74 7b7 ,benefit amount 7#a7 ,in general ,subject to paragraph 7#b71 the amount of the emergency paid leave benefit to which an individual is entitled under subsection 7a7 for a #cj-;day period shall be an amount 7not to exceed #d1jjj7 equal to #b_/c of the individual's average monthly earnings4 7#b7 ,reduction based on receipt of ,state or private paid leave ,the amount of an emergency paid leave benefit to which an individual is entitled under subsection 7a7 for a #cj-;day period shall be reduced by #a for each dollar of ,state or private paid leave received by the individual for such period4 7#c7 ,average monthly earnings ,for purposes of this subsection1 an individual's average monthly earnings shall be equal to the quotient obtained by dividing-- 7,a7 the total of the wages and self-employment income received by the individual during the most recent calendar year preceding an application for an emergency paid leave benefit under this section for which data is available to the ,commissioner2 by 7,b7 #ab4 7c7 ,benefit period ,for purposes of this section1 the benefit period begins on ,january #ai1 #bjbj1 and ends on the date that is #a year after the date of enactment of this title4 7d7 ,retroactive benefits ,an application for benefits for any month beginning and ending in the benefit period may be filed at any time prior to the date that is #ahj days after the end of such benefit period4 7e7 ,application 7#a7 ,in general ,an application for an emergency paid leave benefit under this section for a #cj-;day period shall include-- 7,a7 an attestation by the individual-- 7i7 that he or she is an eligible individual2 7ii7 that at least #ad emergency leave days with respect to the individual occurred1 or are expected to occur1 during such period2 and 7iii7 that the individual has informed his or her employer of the individual's need to take emergency leave1 if the individual has an employer4 7#b7 ,availability ,the ,commissioner shall accept applications online1 by telephone1 and by mail4 7#c7 ,authentication of identity ,the ,commissioner is authorized to take such steps as are necessary to authenticate the identity of applicants4 7#d7 ,penalties for fraud ,any fraud or misrepresentation relating to an application for benefits under this title shall be treated as a violation of section #bjh4 7f7 ,ineligibility based on fraud and criminal activity 7#a7 ,ineligibility following certain convictions ,an individual who has been convicted of a violation under section #bjh or who has been found to have used false statements to secure benefits under this section shall be ineligible for benefits under this section4 7#b7 ,ineligibility of prisoners ,an individual shall be ineligible for a benefit under this section for any #cj-;day period with respect to which the individual is an individual described in clause 7i71 7ii71 or 7iii7 of section #bjb7x77#a77;,a74 7g7 ,review of eligibility and benefit payment determinations 7#a7 ,burden of proof ,an application for benefits under this section shall be presumed to be true and accurate1 unless the ,commissioner demonstrates by a preponderance of the evidence that information contained in the application is false4 7#b7 ,review 7,a7 ,in general ,an individual may request review of an adverse determination with respect to such application or of a benefit payment determination and shall have the same appeals rights as provided under title ,,ii4 7,b7 ,final determinations ,all final determinations of the ,commissioner under this subsection shall be reviewable according to the procedures set out in section #bje4 7#c7 ,program integrity ,the ,commissioner shall have the authority to conduct random sample audits of benefits provided under this title to ensure compliance with the eligibility requirements for such benefits4 7h7 ,protection of existing benefit rights 7#a7 ,in general ,this title does not preempt or supercede any provision of ,state or local law that authorizes a ,state or local municipality to provide paid leave benefits similar to the benefits provided under this title4 7#b7 ,greater benefits allowed ,nothing in this title shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this title4 7i7 ,reimbursement grants to ,states ,not later than ,july #a1 #bjba1 the ,secretary of the ,treasury1 in consultation with the ,commissioner of ,social ,security1 shall make a grant to each ,state in an amount equal to the total amount1 for all #cj-;day periods beginning and ending in the benefit period1 by which benefits under this title were reduced under subsection 7b77#b7 as a result of ,state and private paid leave paid by such ,state or under the law of such ,state4 7j7 ,applicability of certain title ,,ii provisions ,the provisions of sections #bjd1 #bje1 #bjf1 and #bjh shall apply to benefit payments made under this section in the same way that such provisions apply to benefit payments made under title ,,ii4 7k7 ,no effect on eligibility for ,,ssi ,any benefit paid to an individual under this title shall not be regarded as income or resources for any month1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under the ,supplemental ,security ,income program4 #fjc4 ,funding and expedited implementation authority 7a7 ,funding ,there are appropriated such sums as necessary to the ,commissioner of ,social ,security to administer and pay benefits under the program established under this title1 and to the ,secretary of the ,treasury for reimbursement grants under section #fjb7;i74 7b7 ,expedited implementation authority ,in order to expedite the implementation of the emergency paid leave program under this title1 the ,commissioner is authorized to waive existing ,federal requirements regarding paperwork reduction1 system of records notices1 contracting and acquisitions1 and hiring4 7c7 ,protection of existing employee rights ,this title does not preempt or supersede existing collective bargaining agreements4 #fjd4 ,protection of ,social ,security trust funds ,no funds from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund or the ,federal ,disability ,insurance ,trust ,fund1 or appropriated to the ,social ,security ,administration for the administration of titles ,,ii or ,,xvi1 may be used for any purpose under this title4 #fje4 ,taxation of emergency leave benefits ,no amount received by an individual under this title shall be included in gross income for purposes of the ,internal ,revenue ,code of #aihf4 4