[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8349 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8349

 To provide hazard pay to frontline essential workers employed during 
                         the COVID-19 pandemic.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2020

 Mr. Van Drew introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committees on 
 Ways and Means, Energy and Commerce, Veterans' Affairs, Oversight and 
   Reform, and House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide hazard pay to frontline essential workers employed during 
                         the COVID-19 pandemic.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hazard Pay for 
Essential Workers Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--HAZARD PAY FOR ESSENTIAL WORKERS

Sec. 101. Definitions.
Sec. 102. Pandemic premium pay for essential workers.
Sec. 103. COVID-19 Hazard Fund.
Sec. 104. COVID-19 Hazard Fund grants.
Sec. 105. Enforcement and outreach.
Sec. 106. Funding for the Department of the Treasury Office of 
                            Inspector General.
Sec. 107. Authorization and appropriations.

               TITLE I--HAZARD PAY FOR ESSENTIAL WORKERS

SEC. 101. DEFINITIONS.

    In this title:
            (1) COVID-19 public health emergency.--The term ``COVID-19 
        Public Health Emergency'' means the public health emergency 
        first declared on January 31, 2020, by the Secretary of Health 
        and Human Services under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d) with respect to COVID-19.
            (2) Employee.--Except as provided in paragraph (3)(C)(iii), 
        the term ``employee'' means an individual (not employed by an 
        entity excluded from the definition of the term ``employer'' 
        for purposes of this title under paragraph (3)(B)) who is--
                    (A) an employee, as defined in section 3(e) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), 
                except that a reference in such section 3(e) to an 
                employer shall be considered to be a reference to an 
                employer described in clauses (i)(I) and (ii) of 
                paragraph (3)(A);
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a)); or
                    (C) an employee of a Tribal employer.
            (3) Employer.--
                    (A) In general.--The term ``employer'' means, 
                except as provided in subparagraph (B), a person who 
                is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (C);
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991; or
                            (III) a Tribal employer; and
                            (ii) engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government).
                    (B) Exclusion of executive, legislative, and 
                judicial entities.--
                            (i) In general.--The term ``employer'' does 
                        not include--
                                    (I) each agency, office, or other 
                                establishment in the executive, 
                                legislative, or judicial branch of the 
                                Federal Government including those 
                                listed in clause (ii), except, only as 
                                provided in section 102(g)(2), the VA 
                                Office of Geriatrics & Extended Care of 
                                the Veterans Health Administration;
                                    (II) the United States Postal 
                                Service or the Postal Regulatory 
                                Commission; or
                                    (III) a nonappropriated fund 
                                instrumentality under the jurisdiction 
                                of the Armed Forces.
                            (ii) Inclusions.--The agencies, offices, 
                        are other establishments listed in this clause 
                        include--
                                    (I) each agency, office, or other 
                                establishment in the executive, 
                                legislative, or judicial branch of the 
                                Federal Government, including--
                                            (aa) an Executive agency, 
                                        as that term is defined in 
                                        section 105 of title 5, United 
                                        States Code;
                                            (bb) a military department, 
                                        as that term is defined in 
                                        section 102 of title 5, United 
                                        States Code;
                                            (cc) the Federal Aviation 
                                        Administration;
                                            (dd) the Transportation 
                                        Security Administration;
                                            (ee) the Department of 
                                        Veterans Affairs; and
                                            (ff) the Government 
                                        Accountability Office;
                                    (II) the District of Columbia 
                                courts and the District of Columbia 
                                Public Defender Service; and
                                    (III)(aa) an Indian tribe or tribal 
                                organization carrying out a contract or 
                                compact under the Indian Self-
                                Determination and Education Assistance 
                                Act (25 U.S.C. 5301 et seq.);
                                    (bb) an Indian tribe or tribal 
                                organization that receives a grant 
                                under the Tribally Controlled Schools 
                                Act of 1988 (25 U.S.C. 2501 et seq.); 
                                and
                                    (cc) an urban Indian organization 
                                that receives a grant or carries out a 
                                contract under title V of the Indian 
                                Health Care Improvement Act (25 U.S.C. 
                                1651 et seq.).
                    (C) Covered employer.--
                            (i) In general.--In subparagraph (A)(i)(I), 
                        the term ``covered employer''--
                                    (I) means any person engaged in 
                                commerce (including government), or in 
                                any industry or activity affecting 
                                commerce (including government), 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) except as provided in 
                                subparagraph (B), includes any public 
                                agency, as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x));
                                    (IV) includes any person described 
                                in subclause (I) who conducts business 
                                as a not-for-profit organization;
                                    (V) includes--
                                            (aa) an entity or person 
                                        that contracts directly with a 
                                        State, locality, Tribal 
                                        government, or the Federal 
                                        Government, to provide care 
                                        (which may include items and 
                                        services) through employees of 
                                        such entity or person to 
                                        individuals under the Medicare 
                                        program under title XVIII of 
                                        the Social Security Act (42 
                                        U.S.C. 1395 et seq.), under a 
                                        State Medicaid plan under title 
                                        XIX of such Act (42 U.S.C. 1396 
                                        et seq.) or under a waiver of 
                                        such plan, or under any other 
                                        program established or 
                                        administered by a State, 
                                        locality, Tribal government, or 
                                        the Federal Government;
                                            (bb) a subcontractor of an 
                                        entity or person described in 
                                        item (aa);
                                            (cc) an individual client 
                                        (or a representative on behalf 
                                        of an individual client), an 
                                        entity, or a person, that 
                                        employs an individual to 
                                        provide care (which may include 
                                        items and services) to the 
                                        individual client under a self-
                                        directed service delivery model 
                                        through a program established 
                                        or administered by a State, 
                                        locality, Tribal government, or 
                                        the Federal Government; or
                                            (dd) an individual client 
                                        (or a representative on behalf 
                                        of an individual client) that, 
                                        on their own accord, employs an 
                                        individual to provide care 
                                        (which may include items and 
                                        services) to the individual 
                                        client using the individual 
                                        client's own finances;
                                    (VI) includes the United States 
                                Postal Service;
                                    (VII) includes a nonappropriated 
                                fund instrumentality under the 
                                jurisdiction of the Armed Forces; and
                                    (VIII) includes, only with respect 
                                to section 102(g)(2), the VA Office of 
                                Geriatrics & Extended Care of the 
                                Veterans Health Administration.
                            (ii) Public agency.--For purposes of this 
                        title, a public agency shall be considered to 
                        be a person engaged in commerce or in an 
                        industry or activity affecting commerce.
                            (iii) Definition of employee.--For purposes 
                        of clause (i), the term ``employee'' has the 
                        meaning given such term in section 3(e), except 
                        such term does not include any individual 
                        employed by entity excluded from the definition 
                        of the term ``employer'' for purposes of this 
                        title under subparagraph (B).
                    (D) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
                    (E) Definition of commerce.--For purposes of this 
                paragraph, the terms ``commerce'' and ``industry or 
                activity affecting commerce''--
                            (i) 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;
                            (ii) include commerce and any industry 
                        affecting commerce, as such terms are defined 
                        in paragraphs (1) and (3) of section 501 of the 
                        Labor Management Relations Act, 1947 (29 U.S.C. 
                        142(1) and (3)); and
                            (iii) include commerce, as defined in 
                        section 3(b) of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 203(b)) and as described in 
                        section 2(a) of such Act (29 U.S.C. 202(a)).
            (4) Employer payroll taxes.--The term ``employer payroll 
        taxes'' means--
                    (A) taxes imposed under sections 3111(b), 3221(a) 
                (but only to the extent attributable to the portion of 
                such tax attributable to the tax imposed by section 
                3111(b)), 3221(b), and 3301 of the Internal Revenue 
                Code of 1986; and
                    (B) taxes imposed by a State or local government on 
                an employer with respect to amounts paid by such 
                employer for work by employees.
            (5) Essential work.--The term ``essential work'' means any 
        work that--
                    (A) is performed during the period that begins on 
                January 27, 2020, and ends 60 days after the last day 
                of the COVID-19 Public Health Emergency;
                    (B) is not performed while teleworking from a 
                residence;
                    (C) involves--
                            (i) regular in-person interactions with--
                                    (I) patients;
                                    (II) the public; or
                                    (III) coworkers of the individual 
                                performing the work; or
                            (ii) regular physical handling of items 
                        that were handled by, or are to be handled by--
                                    (I) patients;
                                    (II) the public; or
                                    (III) coworkers of the individual 
                                performing the work; and
                    (D) is in any of the following areas:
                            (i) First responder work, in the public 
                        sector or private sector, including services in 
                        response to emergencies that have the potential 
                        to cause death or serious bodily injury, such 
                        as police, fire, emergency medical, protective, 
                        child maltreatment, domestic violence, and 
                        correctional services (including activities 
                        carried out by employees in fire protection 
                        activities, as defined in section 3(y) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(y)) and activities of law enforcement 
                        officers, as defined in section 1204(6) of the 
                        Omnibus Crime Control and Safe Streets Act of 
                        1968 (34 U.S.C. 10284(6)).
                            (ii) Health care work physically provided 
                        in inpatient settings (including hospitals and 
                        other inpatient post-acute care settings such 
                        as nursing homes, inpatient rehabilitation 
                        facilities, and other related settings) and 
                        other work physically performed in such 
                        inpatient settings that supports or is in 
                        furtherance of such health care work physically 
                        provided in inpatient settings.
                            (iii) Health care work physically provided 
                        in outpatient settings (including at physician 
                        offices, community health centers, rural health 
                        clinics and other clinics, hospital outpatient 
                        departments, freestanding emergency 
                        departments, ambulatory surgical centers, and 
                        other related settings), and other work 
                        physically performed in such inpatient settings 
                        that supports or is in furtherance of such 
                        health care work physically provided in 
                        outpatient settings.
                            (iv) Pharmacy work, physically performed in 
                        pharmacies, drug stores, or other retail 
                        facilities specializing in medical goods and 
                        supplies.
                            (v) Any work physically performed in a 
                        facility that performs medical testing and 
                        diagnostic services, including laboratory 
                        processing, medical testing services, or 
                        related activities.
                            (vi) Home and community-based work, 
                        including home health care, residential care, 
                        assistance with activities of daily living, and 
                        any services provided by direct care workers 
                        (as defined in section 799B of the Public 
                        Health Service Act (42 U.S.C. 295p)), personal 
                        care aides, job coaches, or supported 
                        employment providers, and any other provision 
                        of care to individuals in their homes by direct 
                        service providers, personal care attendants, 
                        and home health aides.
                            (vii) Biomedical research regarding SARS-
                        CoV-2 and COVID-19 that involves the handling 
                        of hazardous materials such as COVID-19 
                        samples.
                            (viii) Behavioral health work requiring 
                        physical interaction with individuals, 
                        including mental health services and substance 
                        use disorder prevention, treatment, and 
                        recovery services.
                            (ix) Nursing care and residential care work 
                        physically provided in a facility.
                            (x) Family care, including child care 
                        services, in-home child care services such as 
                        nanny services, and care services provided by 
                        family members to other family members.
                            (xi) Social services work, including social 
                        work, case management, social and human 
                        services, child welfare, family services, 
                        shelter and services for people who have 
                        experienced intimate partner violence or sexual 
                        assault, services for individuals who are 
                        homeless, child services, community food and 
                        housing services, and other emergency social 
                        services.
                            (xii) Public health work conducted at 
                        State, local, territorial, and Tribal 
                        government public health agencies, including 
                        epidemiological activities, surveillance, 
                        contact tracing, data analysis, statistical 
                        research, health education, and other disease 
                        detection, prevention, and response methods.
                            (xiii) Tribal vital services, as defined by 
                        the Commissioner of the Administration for 
                        Native Americans in consultation with Tribal 
                        governments and after conferring with urban 
                        Indian organizations.
                            (xiv) Grocery work physically performed at 
                        grocery stores, supermarkets, convenience 
                        stores, corner stores, drug stores, retail 
                        facilities specializing in medical goods and 
                        supplies, bodegas, and other locations where 
                        individuals purchase non-prepared food items.
                            (xv) Restaurant work, including carry-out, 
                        drive-thru, or food delivery work, requiring 
                        physical interaction with individuals or food 
                        products.
                            (xvi) Food production work involving the 
                        physical interaction with food products, 
                        including all agricultural work, farming, 
                        fishing, forestry, ranching, processing, 
                        canning, slaughtering, packaging, baking, 
                        butchering, and other food production work, 
                        such as any service or activity included within 
                        the provisions of section 3(f) of the Fair 
                        Labor Standards Act of 1938 (29 U.S.C. 203(f)), 
                        or section 3121(g) of the Internal Revenue Code 
                        of 1986, and the handling, planting, drying, 
                        packing, packaging, processing, freezing, or 
                        grading prior to delivery for storage of any 
                        agricultural or horticultural commodity in its 
                        unmanufactured state.
                            (xvii) Transportation work, including--
                                    (I) any services in public 
                                transportation, as defined in section 
                                5302(14) of title 49, United States 
                                Code;
                                    (II) any private transportation of 
                                people, such as transportation provided 
                                by air, rail, bus, taxicab, personal 
                                car or truck, non-motorized vehicle, or 
                                otherwise, including all services 
                                performed by individuals working in or 
                                on such vehicles, vehicle depots, or 
                                transit facilities;
                                    (III) any private transportation of 
                                goods in bulk, including transportation 
                                via heavy or light truck, rail, air, or 
                                otherwise;
                                    (IV) any public or private 
                                transportation of mail or packages;
                                    (V) any private transportation of 
                                food or other goods to individuals, 
                                including in a personal car or truck, 
                                non-motorized vehicle, or otherwise;
                                    (VI) any services in passenger rail 
                                transportation, including commuter 
                                rail, intercity passenger rail, or 
                                Amtrak, including services performed by 
                                employees of contractors of such 
                                entities;
                                    (VII) any services in the 
                                transportation of persons, property, or 
                                mail by an aircraft of an air carrier 
                                conducting operations under part 121 of 
                                title 14, Code of Federal Regulations 
                                (or successor regulations), or a 
                                foreign air carrier within, to, or from 
                                the United States, either on board an 
                                aircraft or on the ground at an 
                                airport, including services performed 
                                by employees of contractors of air 
                                carriers, or foreign air carriers, as 
                                described in section 4111(3) of the 
                                CARES Act (Public Law 116-136);
                                    (VIII) any services as an aircraft 
                                mechanic or technician who performs 
                                maintenance, repair, or overhaul work 
                                on an aircraft of an air carrier 
                                conducting operations under such part 
                                121 or foreign air carrier within the 
                                United States;
                                    (IX) services as maritime workers 
                                who qualify as seamen under section 
                                10101(3) of title 46, United States 
                                Code, and other maritime employees 
                                including--
                                            (aa) longshoremen, harbor 
                                        workers, and shipbuilders 
                                        covered under section 2(3) of 
                                        the Longshore and Harbor 
                                        Workers' Compensation Act (33 
                                        U.S.C. 902(3)) involved in the 
                                        transportation of merchandise 
                                        or passengers by water; and
                                            (bb) shipbuilders and ship 
                                        repairers who are working for 
                                        an employer performing 
                                        shipbuilding or ship repair 
                                        work under contract or 
                                        subcontract to the Departments 
                                        of Defense, Energy, or Homeland 
                                        Security for military or other 
                                        national security purposes; and
                                    (X) services as maritime 
                                transportation workers supporting or 
                                enabling transportation functions, 
                                including such services as--
                                            (aa) barge workers, tug 
                                        operators, and port and 
                                        facility security personnel;
                                            (bb) marine dispatchers; 
                                        and
                                            (cc) workers who repair and 
                                        maintain marine vessels 
                                        (including the equipment and 
                                        infrastructure that enables 
                                        operations that encompass 
                                        movement of cargo and 
                                        passengers).
                            (xviii) Work physically performed in a 
                        warehouse or other facility in warehousing 
                        (including all services performed by 
                        individuals picking, sorting, packing, and 
                        shipping in warehouses), storage, distribution, 
                        or call center support facilities, and other 
                        essential operational support functions that 
                        are necessary to accept, store, and process 
                        goods, and that facilitate the goods' 
                        transportation and delivery.
                            (xix) Cleaning work and building 
                        maintenance work physically performed on the 
                        grounds of a facility, including all custodial 
                        or janitorial services, security services, and 
                        repair and maintenance services.
                            (xx) Work in the collection, removal, 
                        transport, storage, or disposal of residential, 
                        industrial, or commercial solid waste and 
                        recycling, including services provided by 
                        individuals who drive waste or recycling 
                        trucks, who pick up waste or recycling from 
                        residential or commercial locations, or who 
                        work at waste or recycling centers or 
                        landfills.
                            (xxi) Work in the gathering, processing, 
                        disseminating, and delivery of news and 
                        information that serves the public interest to 
                        the public through mass media, including 
                        television, radio, and newspapers.
                            (xxii) Any work performed by an employee of 
                        a State, locality, or Tribal government, that 
                        is determined to be essential work by the 
                        highest authority of such State, locality, or 
                        Tribal government.
                            (xxiii) Educational work, school nutrition 
                        work, and other work required to operate a 
                        school facility, including early childhood 
                        programs, preschool programs, elementary and 
                        secondary education, and higher education.
                            (xxiv) Laundry work, including work in 
                        laundromats, laundry service companies, and dry 
                        cleaners.
                            (xxv) Elections work physically performed 
                        at polling places or otherwise amongst the 
                        public, including public-sector elections 
                        personnel and private-sector elections 
                        personnel.
                            (xxvi) Hazardous materials management, 
                        response, and cleanup work associated with any 
                        other essential work covered under this 
                        paragraph, including health care waste 
                        (including medical, pharmaceuticals, and 
                        medical material production), and testing 
                        operations (including laboratories processing 
                        test kits).
                            (xxvii) Disinfection work for all 
                        facilities and modes of transportation involved 
                        in other essential work covered under this 
                        paragraph.
                            (xxviii) Work in critical clinical 
                        research, development, and testing necessary 
                        for COVID-19 response that involves physical 
                        interaction with hazardous materials, such as 
                        samples of COVID-19.
                            (xxix) Work in mortuary, funeral, 
                        cremation, burial, cemetery, and related 
                        services.
                            (xxx) Work requiring physical interactions 
                        with patients in physical therapy, occupational 
                        therapy, speech-language pathology, and 
                        respiratory therapy and other therapy services.
                            (xxxi) Dental care work requiring physical 
                        interaction with patients.
                            (xxxii) Work performed by employees of the 
                        U.S. Postal Service.
                            (xxxiii) Work at hotel and commercial 
                        lodging facilities that are used for COVID-19 
                        mitigation and containment measures.
                            (xxxiv) Work installing or repairing a 
                        telecommunications line or equipment.
            (6) Essential worker.--The term ``essential worker'' means 
        an individual, whose work and duties include essential work, 
        and who is--
                    (A) an employee of an employer; 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.
            (7) Essential work employer.--The term ``essential work 
        employer'' means an employer who employs, or provides 
        remuneration for services or labor to, an essential worker.
            (8) FLSA terms.--The terms ``employ'', ``person'', 
        ``regular rate'', 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) Highly-compensated essential worker.--The term 
        ``highly-compensated essential worker'' means an essential 
        worker who is paid the equivalent of $200,000 or more per year 
        by an essential work employer.
            (10) Large essential work employer.--The term ``large 
        essential work employer'' means an essential work employer who 
        has more than 500 individuals who are employed by the employer 
        or are otherwise providing services or labor for remuneration 
        for the employer.
            (11) Self-directed care worker.--The term ``self-directed 
        care worker'' means an individual employed to provide care 
        (which may include items and services) to an individual 
        client--
                    (A) under a self-directed service delivery model 
                through a program established or administered by a 
                State, locality, Tribal government, or the Federal 
                Government; or
                    (B) on the individual client's own accord and using 
                the individual client's own finances.
            (12) Tribal employer.--The term ``Tribal employer'' means--
                    (A) any Tribal government, a subdivision of a 
                Tribal government (determined in accordance with 
                section 7871(d) of the Internal Revenue Code), or an 
                agency or instrumentality of a Tribal government or 
                subdivision thereof;
                    (B) any Tribal organization (as the term ``tribal 
                organization'' is defined in section 4(l) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304(l)));
                    (C) any corporation if more than 50 percent 
                (determined by vote and value) of the outstanding stock 
                of such corporation is owned, directly or indirectly, 
                by any entity described in subparagraph (A) or (B); or
                    (D) any partnership if more than 50 percent of the 
                value of the capital and profits interests of such 
                partnership is owned, directly or indirectly, by any 
                entity described in subparagraph (A) or (B).
            (13) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131).
            (14) Work.--The term ``work'' means employment by, or 
        engagement in providing labor or services for, an employer.

SEC. 102. PANDEMIC PREMIUM PAY FOR ESSENTIAL WORKERS.

    (a) In General.--Beginning 3 days after an essential work employer 
receives a grant under section 104 from the Secretary of the Treasury, 
the essential work employer shall--
            (1) be required to comply with subsections (b) through (h); 
        and
            (2) be subject to the enforcement requirements of section 
        105.
    (b) Pandemic Premium Pay.--
            (1) In general.--An essential work employer receiving a 
        grant under section 104 shall, in accordance with this 
        subsection, provide each essential worker of the essential work 
        employer with premium pay at a rate equal to $13 for each hour 
        of work performed by the essential worker for the employer from 
        January 27, 2020, until the date that is 60 days after the last 
        day of the COVID-19 Public Health Emergency.
            (2) Maximum amounts.--The total amount of all premium pay 
        under this subsection that an essential work employer is 
        required to provide to an essential worker, including through 
        any retroactive payment under paragraph (3), shall not exceed--
                    (A) for an essential worker who is not a highly-
                compensated essential worker, $10,000 reduced by 
                employer payroll taxes with respect to such premium 
                pay; or
                    (B) for a highly-compensated essential worker, 
                $5,000 reduced by employer payroll taxes with respect 
                to such premium pay.
            (3) Retroactive payment.--For all work performed by an 
        essential worker during the period from January 27, 2020, 
        through the date on which the essential work employer of the 
        worker receives a grant under this title, the essential work 
        employer shall use a portion of the amount of such grant to 
        provide such worker with premium pay under this subsection for 
        such work at the rate provided under paragraph (1). Such amount 
        shall be provided to the essential worker as a lump sum in the 
        next paycheck (or other payment form) that immediately follows 
        the receipt of the grant by the essential work employer. In any 
        case where it is impossible for the employer to arrange for 
        payment of the amount due in such paycheck (or other payment 
        form), such amounts shall be paid as soon as practicable, but 
        in no event later than the second paycheck (or other payment 
        form) following the receipt of the grant by the essential work 
        employer.
            (4) No employer discretion.--An essential work employer 
        receiving a grant under section 104 shall not have any 
        discretion to determine which portions of work performed by an 
        essential worker qualify for premium pay under this subsection, 
        but shall pay such premium pay for any increment of time worked 
        by the essential worker for the essential work employer up to 
        the maximum amount applicable to the essential worker under 
        paragraph (2).
    (c) Prohibition on Reducing Compensation and Displacement.--
            (1) In general.--Any payments made to an essential worker 
        as premium pay under subsection (b) shall be in addition to all 
        other compensation, including all wages, remuneration, or other 
        pay and benefits, that the essential worker otherwise receives 
        from the essential work employer.
            (2) Reduction of compensation.--An essential work employer 
        receiving a grant under section 104 shall not, during the 
        period beginning on the date of enactment of this Act and 
        ending on the date that is 60 days after the last day of the 
        COVID-19 Public Health Emergency, reduce or in any other way 
        diminish, any other compensation, including the wages, 
        remuneration, or other pay or benefits, that the essential work 
        employer provided to the essential worker on the day before the 
        date of enactment of this Act.
            (3) Displacement.--An essential work employer shall not 
        take any action to displace an essential worker (including 
        partial displacement such as a reduction in hours, wages, or 
        employment benefits) for purposes of hiring an individual for 
        an equivalent position at a rate of compensation that is less 
        than is required to be provided to an essential worker under 
        paragraph (2).
    (d) Demarcation From Other Compensation.--The amount of any premium 
pay paid under subsection (b) shall be clearly demarcated as a separate 
line item in each paystub or other document provided to an essential 
worker that details the remuneration the essential worker received from 
the essential work employer for a particular period of time. If any 
essential worker does not otherwise regularly receive any such paystub 
or other document from the employer, the essential work employer shall 
provide such paystub or other document to the essential worker for the 
duration of the period in which the essential work employer provides 
premium pay under subsection (b).
    (e) Exclusion From Wage-Based Calculations.--Any premium pay under 
subsection (b) paid to an essential worker under this section by an 
essential work employer receiving a grant under section 104 shall be 
excluded from the amount of remuneration for work paid to the essential 
worker for purposes of--
            (1) calculating the essential worker's eligibility for any 
        wage-based benefits offered by the essential work employer;
            (2) computing the regular rate at which such essential 
        worker is employed under section 7 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 207); and
            (3) determining whether such essential worker is exempt 
        from application of such section 7 under section 13(a)(1) of 
        such Act (29 U.S.C. 213(a)(1)).
    (f) Essential Worker Death.--
            (1) In general.--In any case in which an essential worker 
        of an essential work employer receiving a grant under section 
        104 exhibits symptoms of COVID-19 and dies, the essential work 
        employer shall pay as a lump sum to the next of kin of the 
        essential worker for premium pay under subsection (b)--
                    (A) for an essential worker who is not a highly-
                compensated essential worker, the amount determined 
                under subsection (b)(2)(A) minus the total amount of 
                any premium pay the worker received under subsection 
                (b) prior to the death; or
                    (B) for a highly-compensated essential worker, the 
                amount determined under subsection (b)(2)(B) minus the 
                amount of any premium pay the worker received under 
                subsection (b) prior to the death.
            (2) Treatment of lump sum payments.--
                    (A) Treatment as premium pay.--For purposes of this 
                title, any payment made under this subsection shall be 
                treated as a premium pay under subsection (b).
                    (B) Treatment for purposes of internal revenue code 
                of 1986.--For purposes of the Internal Revenue Code of 
                1986, any payment made under this subsection shall be 
                treated as a payment for work performed by the 
                essential worker.
    (g) Application to Self-Directed Care Workers Funded Through 
Medicaid or the Veteran-Directed Care Program.--
            (1) Medicaid.--In the case of an essential work employer 
        receiving a grant under section 104 that is a covered employer 
        described in section 101(3)(C)(i)(V) who, under a State 
        Medicaid plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) or under a waiver of such plan, has opted 
        to receive items or services using a self-directed service 
        delivery model, the preceding requirements of this section, 
        including the requirements to provide premium pay under 
        subsection (b) (including a lump sum payment in the event of an 
        essential worker death under subsection (f)) and the 
        requirements of sections 104 and 105, shall apply to the State 
        Medicaid agency responsible for the administration of such plan 
        or waiver with respect to self-directed care workers employed 
        by that employer. In administering payments made under this 
        title to such self-directed care workers on behalf of such 
        employers, a State Medicaid agency shall--
                    (A) exclude and disregard any payments made under 
                this title to such self-directed workers from the 
                individualized budget that applies to the items or 
                services furnished to the individual client employer 
                under the State Medicaid plan or waiver;
                    (B) to the extent practicable, administer and 
                provide payments under this title directly to such 
                self-directed workers through arrangements with 
                entities that provide financial management services in 
                connection with the self-directed service delivery 
                models used under the State Medicaid plan or waiver; 
                and
                    (C) ensure that individual client employers of such 
                self-directed workers are provided notice of, and 
                comply with, the prohibition under section 
                105(b)(1)(B).
            (2) Veteran-directed care program.--In the case of an 
        essential work employer that is a covered employer described in 
        section 101(3)(C)(i)(V) who is a veteran participating in the 
        Veteran Directed Care program administered by the VA Office of 
        Geriatrics & Extended Care of the Veterans Health 
        Administration, the preceding requirements of this section and 
        sections 104 and 105, shall apply to such VA Office of 
        Geriatrics & Extended Care with respect to self-directed care 
        workers employed by that employer. Paragraph (1) of this 
        subsection shall apply to the administration by the VA Office 
        of Geriatrics & Extended Care of payments made under this title 
        to such self-directed care workers on behalf of such employers 
        in the same manner as such requirements apply to State Medicaid 
        agencies.
            (3) Penalty enforcement.--The Secretary of Labor shall 
        consult with the Secretary of Health and Human Services and the 
        Secretary of Veterans Affairs regarding the enforcement of 
        penalties imposed under section 105(b)(2) with respect to 
        violations of subparagraph (A) or (B) of section 105(b)(1) that 
        involve self-directed workers for which the requirements of 
        this section and sections 104 and 105 are applied to a State 
        Medicaid agency under paragraph (1) or the VA Office of 
        Geriatrics & Extended Care under paragraph (2).
    (h) Interaction With Stafford Act.--Nothing in this section shall 
nullify, supersede, or otherwise change a State's ability to seek 
reimbursement under section 403 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170b) for the costs of 
premium pay based on pre-disaster labor policies for eligible 
employees.
    (i) Calculation of Paid Leave Under FFCRA and FMLA.--
            (1) Families first coronavirus response act.--Section 
        5110(5)(B) of the Families First Coronavirus Response Act (29 
        U.S.C. 2601 note) is amended by adding at the end the 
        following:
                            ``(iii) Pandemic premium pay.--Compensation 
                        received by an employee under section 102(b) of 
                        the Hazard Pay for Essential Workers Act of 
                        2020 shall be included as remuneration for 
                        employment paid to the employee for purposes of 
                        computing the regular rate at which such 
                        employee is employed.''.
            (2) Family and medical leave act of 1993.--Section 
        110(b)(2)(B) of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2620(b)(2)(B)) is amended by adding at the end the 
        following:
                            ``(iii) Pandemic premium pay.--Compensation 
                        received by an employee under section 102(b) of 
                        the Hazard Pay for Essential Workers Act of 
                        2020 shall be included as remuneration for 
                        employment paid to the employee for purposes of 
                        computing the regular rate at which such 
                        employee is employed.''.

SEC. 103. COVID-19 HAZARD FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``COVID-19 Hazard Fund'' 
(referred to in this section as the ``Fund''), consisting of amounts 
appropriated to the fund under section 107.
    (b) Fund Administration.--The Fund shall be administered by the 
Secretary of the Treasury.
    (c) Use of Funds.--Amounts in the Fund shall be available to the 
Secretary of the Treasury for carrying out section 104.

SEC. 104. COVID-19 HAZARD FUND GRANTS.

    (a) Grants.--
            (1) For pandemic premium pay.--The Secretary of the 
        Treasury shall, subject to the availability of amounts provided 
        in this title, award a grant to each essential work employer 
        that applies for a grant, in accordance with this section, for 
        the purpose of providing premium pay to essential workers under 
        section 102(b), including amounts paid under section 102(f).
            (2) Eligibility.--
                    (A) Eligible employers generally.--Any essential 
                work employer shall be eligible for a grant under 
                paragraph (1).
                    (B) Self-directed care workers.--A self-directed 
                care worker employed by an essential work employer 
                other than an essential work employer described in 
                section 102(g), shall be eligible to apply for a grant 
                under paragraph (1) in the same manner as an essential 
                work employer. Such a worker shall provide premium pay 
                to himself or herself in accordance with this section, 
                including the recordkeeping and refund requirements of 
                this section.
    (b) Amount of Grants.--
            (1) In general.--The maximum amount available for making a 
        grant under subsection (a)(1) to an essential work employer 
        shall be equal to the sum of--
                    (A) the amount obtained by multiplying $10,000 by 
                the number of essential workers the employer certifies, 
                in the application submitted under subsection (c)(1), 
                as employing, or providing remuneration to for services 
                or labor, who are paid wages or remuneration by the 
                employer at a rate that is less than the equivalent of 
                $200,000 per year; and
                    (B) the amount obtained by multiplying $5,000 by 
                the number of highly-compensated essential workers the 
                employer certifies, in the application submitted under 
                subsection (c)(1), as employing, or providing 
                remuneration to for services or labor, who are paid 
                wages or remuneration by the employer at a rate that is 
                equal to or greater than the equivalent of $200,000 per 
                year.
            (2) No partial grants.--The Secretary of the Treasury shall 
        not award a grant under this section in an amount less than the 
        maximum described in paragraph (1).
    (c) Grant Application and Disbursal.--
            (1) Application.--Any essential work employer seeking a 
        grant under subsection (a)(1) shall submit an application to 
        the Secretary of the Treasury at such time, in such manner, and 
        complete with such information as the Secretary may require.
            (2) Notice and certification.--
                    (A) In general.--The Secretary of the Treasury 
                shall, within 15 days after receiving a complete 
                application from an essential work employer eligible 
                for a grant under this section--
                            (i) notify the employer of the Secretary's 
                        findings with respect to the requirements for 
                        the grant; and
                            (ii)(I) if the Secretary finds that the 
                        essential work employer meets the requirements 
                        under this section for a grant under subsection 
                        (a), provide a certification to the employer--
                                    (aa) that the employer has met such 
                                requirements; or
                                    (bb) of the amount of the grant 
                                payment that the Secretary has 
                                determined the employer shall receive 
                                based on the requirements under this 
                                section; or
                            (II) if the Secretary finds that the 
                        essential work employer does not meet the 
                        requirements under this section for a grant 
                        under subsection (a), provide a notice of 
                        denial stating the reasons for the denial and 
                        provide an opportunity for administrative 
                        review by not later than 10 days after the 
                        denial.
                    (B) Transfer.--Not later than 7 days after making a 
                certification under subparagraph (A)(ii) with respect 
                to an essential work employer, the Secretary of the 
                Treasury shall make the appropriate transfer to the 
                employer of the amount of the grant.
    (d) Use of Funds.--
            (1) In general.--An essential work employer receiving a 
        grant under this section shall use the amount of the grant 
        solely for the following purposes:
                    (A) Providing premium pay under section 102(b) to 
                essential workers in accordance with the requirements 
                for such payments under such section, including 
                providing payments described in section 102(f) to the 
                next of kin of essential workers in accordance with the 
                requirements for such payments under such section.
                    (B) Paying employer payroll taxes with respect to 
                premium pay amounts described in subparagraph (A), 
                including such payments described in section 102(f).
        Each dollar of a grant received by an essential work employer 
        under this title shall be used as provided in subparagraph (A) 
        or (B) or returned to the Secretary of the Treasury.
            (2) No other uses authorized.--An essential work employer 
        who uses any amount of a grant for a purpose not required under 
        paragraph (1) shall be--
                    (A) considered to have misused funds in violation 
                of section 102; and
                    (B) subject to the enforcement and remedies 
                provided under section 105.
            (3) Refund.--
                    (A) In general.--If an essential work employer 
                receives a grant under this section and, for any 
                reason, does not provide every dollar of such grant to 
                essential workers in accordance with the requirements 
                of this title, then the employer shall refund any such 
                dollars to the Secretary of the Treasury not later than 
                June 30, 2021. Any amounts returned to the Secretary 
                shall be deposited into the Fund and be available for 
                any additional grants under this section.
                    (B) Requirement for not reducing compensation.--An 
                essential work employer who is required to refund any 
                amount under this paragraph shall not reduce or 
                otherwise diminish an eligible worker's compensation or 
                benefits in response to or otherwise due to such 
                refund. 
    (e) Recordkeeping.--An essential work employer that receives a 
grant under this section shall--
            (1) maintain records, including payroll records, 
        demonstrating how each dollar of funds received through the 
        grant were provided to essential workers; and
            (2) provide such records to the Secretary of the Treasury 
        or the Secretary of Labor upon the request of either such 
        Secretary.
    (f) Recoupment.--In addition to all other enforcement and remedies 
available under this title or any other law, the Secretary of the 
Treasury shall establish a process under which the Secretary shall 
recoup the amount of any grant awarded under subsection (a)(1) if the 
Secretary determines that the essential work employer receiving the 
grant--
            (1) did not provide all of the dollars of such grant to the 
        essential workers of the employer;
            (2) did not, in fact, have the number of essential workers 
        certified by the employer in accordance with subparagraphs (A) 
        and (B) of subsection (b)(1);
            (3) did not pay the essential workers for the number of 
        hours the employer claimed to have paid; or
            (4) otherwise misused funds or violated this title.
    (g) Special Rule for Certain Employees of Tribal Employers.--
Essential workers of Tribal employers who receive funds under title II 
shall not be eligible to receive funds from grants under this section.
    (h) Tax Treatment.--
            (1) Exclusion from income.--For purposes of the Internal 
        Revenue Code of 1986, any grant received by an essential work 
        employer under this section shall not be included in the gross 
        income of such essential work employer.
            (2) Denial of double benefit.--
                    (A) In general.--In the case of an essential work 
                employer that receives a grant under this section--
                            (i) amounts paid under subsection (b) or 
                        (f) of section 102 shall not be taken into 
                        account as wages for purposes of sections 41, 
                        45A, 51, or 1396 of the Internal Revenue Code 
                        of 1986 or section 2301 of the CARES Act 
                        (Public Law 116-136); and
                            (ii) any deduction otherwise allowable 
                        under such Code for applicable payments during 
                        any taxable year shall be reduced (but not 
                        below zero) by the excess (if any) of--
                                    (I) the aggregate amounts of grants 
                                received under this section; over
                                    (II) the sum of any amount refunded 
                                under subsection (d) plus the aggregate 
                                amount of applicable payments made for 
                                all preceding taxable years.
                    (B) Applicable payments.--For purposes of this 
                paragraph, the term ``applicable payments'' means 
                amounts paid as premium pay under subsection (b) or (f) 
                of section 102 and amounts paid for employer payroll 
                taxes with respect to such amounts.
                    (C) Aggregation rule.--Rules similar to the rules 
                of subsections (a) and (b) of section 52 of the 
                Internal Revenue Code of 1986 shall apply for purposes 
                of this section.
            (3) Information reporting.--The Secretary of the Treasury 
        shall submit to the Commissioner of Internal Revenue statements 
        containing--
                    (A) the name and tax identification number of each 
                essential work employer receiving a grant under this 
                section;
                    (B) the amount of such grant; and
                    (C) any amounts refunded under section (d)(3).
    (i) Reports.--
            (1) In general.--Not later than 30 days after obligating 
        the last dollar of the funds appropriated under this title, the 
        Secretary of the Treasury shall submit a report, to the 
        Committees of Congress described in paragraph (2), that--
                    (A) certifies that all funds appropriated under 
                this title have been obligated; and
                    (B) indicates the number of pending applications 
                for grants under this section that will be rejected due 
                to the lack of funds.
            (2) Committees of congress.--The Committees of Congress 
        described in this paragraph are--
                    (A) the Committee on Ways and Means of the House of 
                Representatives;
                    (B) the Committee on Education and Labor of the 
                House of Representatives;
                    (C) the Committee on Finance of the Senate; and
                    (D) the Committee on Health, Education, Labor, and 
                Pensions of the Senate.

SEC. 105. ENFORCEMENT AND OUTREACH.

    (a) Duties of Secretary of Labor.--The Secretary of Labor shall--
            (1) have authority to enforce the requirements of section 
        102, in accordance with subsections (b) through (e);
            (2) conduct outreach as described in subsection (f); and
            (3) coordinate with the Secretary of the Treasury as needed 
        to carry out the Secretary of Labor's responsibilities under 
        this section.
    (b) Prohibited Acts, Penalties, and Enforcement.--
            (1) Prohibited acts.--It shall be unlawful for a person 
        to--
                    (A) violate any provision of section 102 applicable 
                to such person; or
                    (B) discharge or in any other manner discriminate 
                against any essential worker because such essential 
                worker has filed any complaint or instituted or caused 
                to be instituted any proceeding under or related to 
                this title, or has testified or is about to testify in 
                any such proceeding.
            (2) Enforcement and penalties.--
                    (A) Premium pay violations.--A violation described 
                in paragraph (1)(A) shall be deemed a violation of 
                section 7 of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 207) and unpaid amounts required under this 
                section shall be treated as unpaid overtime 
                compensation under such section 7 for the purposes of 
                sections 15 and 16 of such Act (29 U.S.C. 215 and 216).
                    (B) Discharge or discrimination.--A violation of 
                paragraph (1)(B) shall be deemed a violation of section 
                15(a)(3) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 215(a)(3)).
    (c) Investigation.--
            (1) In general.--To ensure compliance with the provisions 
        of section 102, including any regulation or order issued under 
        that section, the Secretary of Labor shall have the 
        investigative authority provided under section 11(a) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). For the 
        purposes of any investigation provided for in this subsection, 
        the Secretary of Labor shall have the subpoena authority 
        provided for under section 9 of such Act (29 U.S.C. 209).
            (2) State agencies.--The Secretary of Labor may, for the 
        purpose of carrying out the functions and duties under this 
        section, utilize the services of State and local agencies in 
        accordance with section 11(b) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 211(b)).
    (d) Essential Worker Enforcement.--
            (1) Right of action.--An action alleging a violation of 
        paragraph (1) or (2) of subsection (b) may be maintained 
        against an essential work employer receiving a grant under 
        section 104 in any Federal or State court of competent 
        jurisdiction by one or more essential workers or their 
        representative for and on behalf of the essential workers, or 
        the essential workers and others similarly situated, in the 
        same manner, and subject to the same remedies (including 
        attorney's fees and costs of the action), as an action brought 
        by an employee alleging a violation of section 7 or 15(a)(3), 
        respectively, of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 207, 215(a)(3)).
            (2) No waiver.--In an action alleging a violation of 
        paragraph (1) or (2) of subsection (b) brought by one or more 
        essential workers or their representative for and on behalf of 
        the persons as described in paragraph (1), to enforce the 
        rights in section 102, no court of competent jurisdiction may 
        grant the motion of an essential work employer receiving a 
        grant under section 104 to compel arbitration, under chapter 1 
        of title 9, United States Code, or any analogous State 
        arbitration statute, of the claims involved. An essential 
        worker's right to bring an action described in paragraph (1) or 
        subsection (b)(2)(A) on behalf of similarly situated essential 
        workers to enforce such rights may not be subject to any 
        private agreement that purports to require the essential 
        workers to pursue claims on an individual basis.
    (e) Recordkeeping.--An essential work employer receiving a grant 
under section 104 shall make, keep, and preserve records pertaining to 
compliance with section 102 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 of Labor.
    (f) Outreach and Education.--Out of amounts appropriated to the 
Secretary of the Treasury under section 107 for a fiscal year, the 
Secretary of the Treasury shall transfer to the Secretary of Labor, 
$3,000,000, of which the Secretary of Labor shall use--
            (1) $2,500,000 for outreach to essential work employers and 
        essential workers regarding the premium pay under section 102; 
        and
            (2) $500,000 to implement an advertising campaign 
        encouraging large essential work employers to provide the same 
        premium pay provided for by section 102 using the large 
        essential work employers' own funds and without utilizing 
        grants under this title.
    (g) Clarification of Enforcing Official.--Nothing in the Government 
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) or section 
3(e)(2)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(C)) shall be construed to prevent the Secretary of Labor from 
carrying out the authority of the Secretary under this section in the 
case of State employees described in section 304(a) of the Government 
Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)).

SEC. 106. FUNDING FOR THE DEPARTMENT OF THE TREASURY OFFICE OF 
              INSPECTOR GENERAL.

    There is appropriated, out of money in the Treasury not otherwise 
appropriated, to the Office of the Inspector General of the Department 
of the Treasury, $1,000,000 to carry out audits, investigations, and 
other oversight activities authorized under the Inspector General Act 
of 1978 (5 U.S.C. App.) that are related to the provisions of, and 
amendments made by, this title, to remain available until December 31, 
2022.

SEC. 107. AUTHORIZATION AND APPROPRIATIONS.

    There is authorized to be appropriated, and there is hereby 
appropriated, $180,000,000,000 to carry out this title, to remain 
available until expended.
                                 <all>