Coronavirus Frontline Workers Fair Pay Act
This bill provides hazard pay, in addition to regular pay, to health care and essential workers for specified periods during the COVID-19 public health emergency. Health care workers, which include physicians and support staff, among others, are eligible for a maximum of $35,000 in aggregate hazard pay. Essential workers, as determined by the Cybersecurity and Infrastructure Security Agency, are eligible for a maximum of $25,000 in aggregate hazard pay.
The Department of the Treasury must make payments to employers based on an employer's quarterly projections of the number of hours worked by eligible employees, including specified hours worked prior to the enactment of this bill. Employers must issue hazard payments to eligible employees not later than 14 days after receiving payments from Treasury.
The bill establishes and provides funding for the Coronavirus Essential and High-Risk Health Care Workers Hazard Payment Fund to implement this program.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3020 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3020
To direct the Secretary of the Treasury to establish a coronavirus fund
to provide hazard payments to high-risk health care workers and
essential workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2021
Mr. Cartwright (for himself, Ms. Sanchez, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Espaillat, Mr. Foster, Mr. Lieu, Mr. Lowenthal, Ms.
Norton, Mr. Rush, Ms. Schakowsky, Ms. Sewell, and Ms. Velazquez)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on Ways and
Means, 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 direct the Secretary of the Treasury to establish a coronavirus fund
to provide hazard payments to high-risk health care workers and
essential workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coronavirus Frontline Workers Fair
Pay Act''.
SEC. 2. HAZARD PAYMENTS FOR HIGH-RISK HEALTH CARE WORKERS AND ESSENTIAL
WORKERS.
(a) General Rule.--The Secretary shall make hazard payments in
accordance with this section for high-risk health care workers and
essential workers.
(b) Fund.--
(1) Establishment.--For the purpose of making payments
under this section, not later than 45 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
establish an account in the Treasury to be known as the
``Coronavirus Essential and High-Risk Health Care Workers
Hazard Payment Fund'' (hereafter in this section referred to as
the ``Fund'').
(2) Appropriations to fund.--There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2021, such sums as may be
necessary to carry out this Act.
(c) Hazard Payments.--
(1) In general.--The Secretary shall make hazard payments
from the Fund each coronavirus hazard payment quarter in
accordance with this subsection.
(2) Entitlement to hazard payment.--Individuals who are
high-risk health care workers and essential workers as
determined pursuant to this Act are entitled to hazard payments
under this Act.
(3) High-risk health care worker.--For purposes of this
section--
(A) Determination of payment.--In the case of a
high-risk health care worker, the hazard payment for
such worker shall be the aggregate of $18.50 for each
hour in which the worker provided high-risk health care
services (excluding hours provided as telework hours).
(B) Limitations.--
(i) Aggregate amount.--The aggregate amount
allowed for all payments to a high-risk health
care worker pursuant to paragraph (1) shall not
exceed--
(I) $35,000 in the case of a worker
whose annual earned income for calendar
year 2020 is $200,000 or less; and
(II) $15,000 in the case of a
worker whose estimated annual earned
income for calendar year 2020 is
greater than $200,000.
(ii) Weekly limit.--The aggregate number of
hours taken into account for purposes of
subparagraph (A) shall not exceed 40 hours per
week.
(C) High-risk health care worker defined.--
(i) In general.--The term ``high-risk
health care worker'' means--
(I) an individual working in a
health care occupation, including--
(aa) physicians;
(bb) physician assistants;
(cc) podiatrists;
(dd) respiratory
therapists;
(ee) registered nurses;
(ff) nurse anesthetists;
(gg) nurse midwives;
(hh) nurse practitioners;
(ii) anesthesiologists;
(jj) dermatologists;
(kk) emergency medicine
physicians;
(ll) family medicine
physicians;
(mm) general internal
medicine physicians;
(nn) neurologists;
(oo) obstetricians and
gynecologists;
(pp) pediatricians,
general;
(qq) physicians,
pathologists;
(rr) psychiatrists;
(ss) radiologists;
(tt) physicians, all other;
(uu) ophthalmologists,
except pediatric;
(vv) orthopedic surgeons,
except pediatric;
(ww) pediatric surgeons;
(xx) surgeons, all other;
(yy) medical and clinical
laboratory technologists;
(zz) medical and clinical
laboratory technicians;
(aaa) cardiovascular
technologists and technicians;
(bbb) diagnostic medical
sonographers;
(ccc) nuclear medicine
technologists;
(ddd) radiologic
technologists and technicians;
(eee) magnetic resonance
imaging technologists;
(fff) medical dosimetrists;
(ggg) emergency medical
technicians;
(hhh) paramedics;
(iii) pharmacy technicians;
(jjj) psychiatric
technicians;
(kkk) surgical
technologists;
(lll) licensed practical
and licensed vocational nurses;
(mmm) surgical assistants;
(nnn) home health aides;
(ooo) personal care aides;
(ppp) nursing assistants;
(qqq) orderlies; and
(rrr) psychiatric aides;
and
(II) an individual who is providing
or supporting the provision of health
care services for the treatment of
COVID-19, as determined by the
Secretary.
(4) Essential worker.--For purposes of this section--
(A) Determination of payment.--In the case of an
essential worker who is not a high-risk health care
worker under subsection (c)(3), the hazard payment for
such individual shall be the aggregate of $13.00 for
each hour in which the essential worker provided
essential services (excluding hours provided as
telework hours).
(B) Limitations.--
(i) Aggregate amount.--The aggregate amount
allowed for all payments to an essential worker
under subparagraph (A) shall not exceed--
(I) $25,000 in the case of an
essential worker whose annual earned
income from providing essential
services for calendar year 2020 is
$200,000 or less; and
(II) $5,000 in the case of an
essential worker whose annual earned
income from providing essential
services for calendar year 2020 is
greater than $200,000.
(ii) Weekly limit.--The aggregate number of
hours taken into account for purposes of
subparagraph (A) shall not exceed 40 hours per
week.
(C) Essential worker.--Not later than 30 days after
the date of the enactment of this Act, the Director of
the Cybersecurity and Infrastructure Security Agency
shall issue a definition of essential worker for the
purposes of making payments to essential workers under
this section. In defining the term essential worker,
the Cybersecurity and Infrastructure Security Agency
shall take into consideration its April 17th ``Advisory
Memorandum on Identification of Essential Critical
Infrastructure Workers During COVID-19 Response'' and
shall solicit public input.
(D) Coronavirus hazard payment quarter.--
(i) In general.--The term ``coronavirus
hazard payment quarter'' means 90-day periods
in calendar years 2020 and 2021 beginning on or
after January 27, 2020, except for the last 90-
day period (which will end on the last day a
COVID-19 Public Health Emergency is in effect
in the location of employment (as determined by
the Secretary of the Treasury in consultation
with the Secretary of Health and Human
Services) or on September 30, 2021, whichever
occurs first).
(ii) Special rule before enactment.--For
purposes of making payments under this section,
the period beginning on January 27, 2020, and
ending with the date of the enactment of this
Act shall be treated as one quarter and
payments shall be made a lump sum.
(5) Process.--
(A) Submission to secretary.--Beginning not later
than 60 days after the date of the enactment of this
Act, each employer shall submit to the Secretary for
each coronavirus hazard payment quarter--
(i) a projection of payments of the regular
rate of pay for such quarter for employees who
are high-risk health care workers or essential
workers;
(ii) a certification of such payments for
the preceding quarter;
(iii) the rate of pay for each employee who
is a high-risk health care worker or an
essential worker; and
(iv) the number of hours each employee
provided health care service or essential
service each week.
(B) Development of process and evaluation
criteria.--For purposes of this section, the Secretary
shall develop--
(i) a process for submitting applications
under this section, including a process for
correcting such applications; and
(ii) a criteria for evaluating each such
application.
(d) Distribution of Payments.--
(1) Payments to employer.--Beginning not later than 75 days
after the date of the enactment of this Act, the Secretary
shall make coronavirus hazard payments under subsection (c)(1)
on the basis of projections under subparagraph (A)(i)(I) of
such subsection and shall make appropriate adjustments for any
surplus or deficit certified for the previous quarter under
subparagraph (A)(i)(II) of such subsection.
(2) Payments to employee.--
(A) In general.--From amounts paid to the employer
under paragraph (1), the employer shall make the
appropriate hazard payment to each employee who is a
high-risk health care worker or an essential worker not
later than 14 days after the date the employer receives
such amounts, taking into account the appropriate
adjustments for any surplus or deficit certified for
the previous quarter.
(B) Requirement to provide hazard payments.--The
requirement to make the appropriate hazard payment
under subparagraph (A) shall apply to an employer after
the employer receives the amounts paid to the employer
pursuant to paragraph (1).
(3) Treatment of self-employed individuals.--For purposes
of this section, an individual with net earnings from self-
employment (as defined in section 1402(a) of the Internal
Revenue Code of 1986) shall be treated as an employer, except
that an employer (within the meaning of section 401(c)(5) of
the Internal Revenue Code of 1986) may make an election (in
such manner as the Secretary may provide) to be the employer
for such purposes.
(4) Treatment of employers.--An employer may not receive a
payment under this section unless the employer has entered into
an agreement in writing with the Secretary--
(A) to make the payments described in paragraph
(2); and
(B) to be bound by such other terms and conditions
as the Secretary may prescribe.
(e) Special Rules Relating to Payments.--For purposes of this
section--
(1) Payments not treated as compensation.--Payments made
under subsection (c) shall not be--
(A) treated as compensation with respect to wages,
overtime, or any other form of remuneration under the
Fair Labor Standards Act of 1938; and
(B) taken into account for purposes of
determinations with respect to benefits provided by the
employer.
(2) Coronavirus hazard payments disregarded in
administration of federal programs.--Notwithstanding any other
provision of law, a coronavirus hazard payment made to any
individual under this title shall not be taken into account as
income, and shall not be taken into account as resources for a
period of 12 months from receipt, for purposes of determining
the eligibility of such individual for benefits or assistance
(or the amount or extent of benefits or assistance) under any
Federal program or under any State or local program financed in
whole or in part with Federal funds.
(f) Protections.--
(1) In general.--With respect to an employee who is a high-
risk health care worker or an essential worker, an employer may
not--
(A) reduce the regular rate of pay of the employee
because the employee received a hazard payment under
this section; or
(B) discriminate against the employee because the
employee received a hazard payment under this section,
including terminating the employment of the employee
with the intent to reinstate the employee at a regular
rate of pay that is lower than the previous rate of
pay.
(2) Enforcement under fair labor standards act.--An
employer shall be treated as violating section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206) if the employer--
(A) does not make a hazard payment under subsection
(d)(2);
(B) violates a provision under paragraph (1); or
(C) does not abide by a term, condition, or
regulation imposed by the Secretary under subsections
(c), (d), and (h).
(g) Other Definitions and Special Rules.--For purposes of this
section--
(1) Earned income.--The term ``earned income'' has the
meaning given such term by section 32(c) of the Internal
Revenue Code of 1986.
(2) Employee.--The term ``employee'' has the meaning given
the term under section 3 of the of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203), which includes Federal employees
employed by the Transportation Security Administration of the
Department of Homeland Security.
(3) Employer.--The term ``employer'' has the meaning given
the term under section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203).
(4) Regular rate.--The term ``regular rate'' has the
meaning given the term under section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(h) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section, including--
(1) guidance with respect to maintaining employee records;
(2) applying this section with respect to individuals who
are compensated on other than an hourly basis;
(3) a procedure for ensuring that former employees are
entitled to payments under this section; and
(4) beginning after December 31, 2020, a procedure for
resolving any overpayments and underpayments under this section
to individuals by the return of tax due for taxable years
beginning in 2020.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, 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.
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