Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 7341 — Bill to support the Federal workforce during the COVID–19 pandemic (June 25, 2020)

H.R. 7341 — Bill to support the Federal workforce during the COVID–19 pandemic (June 25, 2020)

Summary

H.R. 7341 is a bill introduced in the House of Representatives on June 25, 2020 by Mr. Connolly and referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, the Judiciary, Ways and Means, and Education and Labor. Its stated purpose is to provide support and flexibility for the Federal workforce during the COVID–19 pandemic. Section 2, Reimbursement for Child and Family Care for Federal Employees During COVID–19 Pandemic, applies to any employee who is unable to care for a dependent child of the employee or a relative of the employee who has COVID–19 as a result of the employee being required to report to a duty station.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116Hr7341Ih Bills 116Hr7341Ih
Case
Bills Bills 116Hr7341Ih Bills 116Hr7341Ih

Cite this document

“H.R. 7341 — Bill to support the Federal workforce during the COVID–19 pandemic (June 25, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7341ih-bills-116hr7341ih/, SHA-256 c61876fa6ceef3c1b6545093b7519abeb7c7676b79694c489c6ccffec51679a7.

Full text

                                                                                                                                                                           I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              H. R. 7341
                                                                              To provide support and flexibility for the Federal workforce during the
                                                                                          COVID–19 pandemic, and for other purposes.




                                                                                       IN THE HOUSE OF REPRESENTATIVES
                                                                                                        JUNE 25, 2020
                                                                       Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, Ms.
                                                                           NORTON, Mr. SARBANES, Mrs. LAWRENCE, Mr. LYNCH, Mr. RASKIN, Mr.
                                                                           GOMEZ, and Ms. SPEIER) introduced the following bill; which was re-
                                                                           ferred to the Committee on Oversight and Reform, and in addition to the
                                                                           Committees on House Administration, the Judiciary, Ways and Means,
                                                                           and Education and Labor, for a period to be subsequently determined by
                                                                           the Speaker, in each case for consideration of such provisions as fall with-
                                                                           in the jurisdiction of the committee concerned




                                                                                                                   A BILL
                                                                          To provide support and flexibility for the Federal workforce
                                                                           during the COVID–19 pandemic, and for other purposes.

                                                                          1               Be it enacted by the Senate and House of Representa-
                                                                          2 tives of the United States of America in Congress assembled,
                                                                          3        SECTION 1. SHORT TITLE.

                                                                          4               This Act may be cited as the ‘‘Federal Workforce
                                                                          5 Health and Safety During the Pandemic Act’’.




pamtmann on DSKBC07HB2PROD with BILLS



                                        VerDate Sep 11 2014   19:13 Jul 17, 2020    Jkt 099200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  2
                                                                          1        SEC. 2. REIMBURSEMENT FOR CHILD AND FAMILY CARE

                                                                          2                                FOR FEDERAL EMPLOYEES DURING COVID–19

                                                                          3                                PANDEMIC.

                                                                          4              (a) IN GENERAL.—During the period beginning on
                                                                          5 the date of enactment of this Act and ending on December
                                                                          6 31, 2020, any employee who is unable to care for a de-
                                                                          7 pendent child of the employee or a relative of the employee
                                                                          8 who has COVID–19 as a result of the employee being re-
                                                                          9 quired to report to their duty station (either permanent
                                                                       10 or temporary) or to telework shall be entitled to reim-
                                                                       11 bursement for the costs of such care.
                                                                       12                (b) APPLICATION.—
                                                                       13                         (1) IN GENERAL.—Any payment provided by
                                                                       14                operation of subsection (a) shall be paid on a month-
                                                                       15                ly basis, with payments being made to the employee
                                                                       16                on the last day of each month.
                                                                       17                         (2) SUBMISSION OF RECEIPTS.—For purposes
                                                                       18                of determining reimbursement amounts, each em-
                                                                       19                ployee shall submit to their employing office receipts
                                                                       20                or other documents as the office may require.
                                                                       21                         (3) LIMIT.—Reimbursement may not be paid to
                                                                       22                any employee under this section for any month in an
                                                                       23                amount greater than $2,000 per child or relative.
                                                                       24                (c) DEFINITIONS.—In this section—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                         (1) the term ‘‘employee’’ means—


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                   3
                                                                          1                                 (A) an employee of the Library of Con-
                                                                          2                        gress;
                                                                          3                                 (B) an employee of the Government Ac-
                                                                          4                        countability Office;
                                                                          5                                 (C) a covered employee as defined in sec-
                                                                          6                        tion 101 of the Congressional Accountability
                                                                          7                        Act of 1995 (2 U.S.C. 1301), other than an ap-
                                                                          8                        plicant for employment;
                                                                          9                                 (D) a covered employee as defined in sec-
                                                                       10                          tion 411(c) of title 3, United States Code;
                                                                       11                                   (E) a Federal officer or employee covered
                                                                       12                          under subchapter V of chapter 63 of title 5,
                                                                       13                          United States Code; or
                                                                       14                                   (F) any other individual occupying a posi-
                                                                       15                          tion in the civil service (as that term is defined
                                                                       16                          in section 2101(1) of title 5, United States
                                                                       17                          Code); and
                                                                       18                          (2) the terms ‘‘dependent child’’ and ‘‘relative’’
                                                                       19                 have the meaning given those terms in paragraphs
                                                                       20                 (2) and (16), respectively, of section 109 of the Eth-
                                                                       21                 ics in Government Act of 1978 (5 U.S.C. App.).
                                                                       22          SEC. 3. REQUIREMENT TO TELEWORK.

                                                                       23                 (a) IN GENERAL.—Effective immediately upon the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 date of enactment of this Act, the head of any Federal
                                                                       25 agency shall require any employee of such agency who is


                                                                                     •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020    Jkt 099200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                   4
                                                                          1 authorized to telework under chapter 65 of title 5, United
                                                                          2 States Code, or any other provision of law, to telework
                                                                          3 during the period beginning on the date of enactment of
                                                                          4 this Act and ending on December 31, 2020.
                                                                          5               (b) DEFINITIONS.—In this section—
                                                                          6                        (1) the term ‘‘employee’’ has the meaning given
                                                                          7               that term in section 2(c)(1); and
                                                                          8                        (2) the term ‘‘telework’’ has the meaning given
                                                                          9               that term in section 6501(3) of title 5, United
                                                                       10                 States Code.
                                                                       11          SEC. 4. WEATHER AND SAFETY LEAVE FOR COVID–19.

                                                                       12                 (a) WEATHER AND SAFETY LEAVE.—
                                                                       13                          (1) IN GENERAL.—Notwithstanding any other
                                                                       14                 provision of law, including subsection (b) of section
                                                                       15                 6329c of title 5, United States Code, during the pe-
                                                                       16                 riod beginning on the date of enactment of this Act
                                                                       17                 and ending on December 31, 2020, any employee
                                                                       18                 who is prevented from safely traveling to or per-
                                                                       19                 forming work at an approved location as a result of
                                                                       20                 the COVID–19 pandemic, or who is prevented from
                                                                       21                 performing work in order to care for a child, relative
                                                                       22                 of the employee, or other individual as a result of
                                                                       23                 the COVID–19 pandemic, shall be provided weather




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                 and safety leave under such section.




                                                                                     •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020    Jkt 099200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  5
                                                                          1                       (2)         RULE            OF         CONSTRUCTION.—Notwith-

                                                                          2              standing subparagraph (B) of subsection (a)(2)(B)
                                                                          3              of such section 6329c, intermittent employees de-
                                                                          4              scribed in such subparagraph shall be eligible for the
                                                                          5              leave provided by paragraph (1) of this subsection.
                                                                          6                       (3) DEFINITION OF EMPLOYEE.—In this sub-
                                                                          7              section, the term ‘‘employee’’ has the meaning given
                                                                          8              that term in section 2(c)(1).
                                                                          9              (b) APPROVED LOCATION.—Section 6329c(a) of title
                                                                       10 5, United States Code, is amended—
                                                                       11                         (1) by striking ‘‘and’’ at the end of paragraph
                                                                       12                (1);
                                                                       13                         (2) by striking the period at the end of para-
                                                                       14                graph (2) and inserting ‘‘; and’’; and
                                                                       15                         (3) by adding at the end the following:
                                                                       16                         ‘‘(3) the term ‘approved location’ means any lo-
                                                                       17                cation at which an employee has been approved to
                                                                       18                perform work, including any Federal office, a tele-
                                                                       19                working site, or other location as determined by the
                                                                       20                head of the agency at which the employee is em-
                                                                       21                ployed.’’.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  6
                                                                          1        SEC. 5. EFFECT OF DEPENDENT CARE ON TELEWORK ELI-

                                                                          2                                GIBILITY.

                                                                          3              (a) TITLE 5 EMPLOYEES.—Section 6502(a) of title
                                                                          4 5, United States Code, is amended by adding at the end
                                                                          5 the following new paragraph:
                                                                          6                       ‘‘(3) DEPENDENT CARE.—
                                                                          7                                 ‘‘(A) IN GENERAL.—The presence of a de-
                                                                          8                       pendent individual at the location from which
                                                                          9                       an employee teleworks shall have no effect on
                                                                       10                         the eligibility of such employee to telework if
                                                                       11                         such dependent individual is cared for by a
                                                                       12                         caregiver other than such employee while such
                                                                       13                         employee is teleworking.
                                                                       14                                   ‘‘(B) TEMPORARY                        UNAVAILABILITY         OF

                                                                       15                         CAREGIVER.—The temporary unavailability of a

                                                                       16                         caregiver described in subparagraph (A) does
                                                                       17                         not affect the eligibility of the relevant em-
                                                                       18                         ployee to telework if—
                                                                       19                                           ‘‘(i) such unavailability is due to un-
                                                                       20                                   usual or extraordinary circumstances; and
                                                                       21                                           ‘‘(ii) an alternative caregiver is not
                                                                       22                                   reasonably available.
                                                                       23                                   ‘‘(C)         DEPENDENT                     INDIVIDUAL        DE-

                                                                       24                         FINED.—In this paragraph, the term ‘depend-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                         ent individual’ means a dependent child or rel-
                                                                       26                         ative (as such terms are defined in paragraphs
                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  7
                                                                          1                       (2) and (16), respectively, of section 109 of the
                                                                          2                       Ethics in Government Act of 1978 (5 U.S.C.
                                                                          3                       App.)) who is dependent on the employee for
                                                                          4                       care.’’.
                                                                          5              (b) OTHER APPLICABLE EMPLOYEES.—With respect
                                                                          6 to any employee not covered under chapter 65 of title 5,
                                                                          7 United States Code, the terms and conditions with respect
                                                                          8 to dependent care and teleworking under section
                                                                          9 6502(a)(3) of such title (as added by subsection (a)) shall
                                                                       10 apply. In this subsection, the term ‘‘employee’’ has the
                                                                       11 meaning given that term under section 2(c)(1), but does
                                                                       12 not include an employee as defined in section 6501(1) of
                                                                       13 such title.
                                                                       14                (c) RULE OF CONSTRUCTION.—Nothing in this sec-
                                                                       15 tion shall alter or otherwise affect the rights, remedies,
                                                                       16 and procedures related to dependent care under the terms
                                                                       17 of any collective bargaining agreement.
                                                                       18          SEC. 6. PRESUMPTION OF ELIGIBILITY FOR WORKERS’

                                                                       19                                  COMPENSATION                  BENEFITS                 FOR     FEDERAL

                                                                       20                                  EMPLOYEES                          DIAGNOSED                      WITH

                                                                       21                                  CORONAVIRUS.

                                                                       22                (a) IN GENERAL.—An employee who is diagnosed
                                                                       23 with COVID–19 during the period described in subsection




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 (b)(2)(A) shall, with respect to any claim made by or on
                                                                       25 behalf of the employee for benefits under subchapter I of


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  8
                                                                          1 chapter 81 of title 5, United States Code, be deemed to
                                                                          2 have an injury proximately caused by exposure to
                                                                          3 coronavirus arising out of the nature of the employee’s em-
                                                                          4 ployment and be presumptively entitled to such benefits,
                                                                          5 including disability compensation, medical services, and
                                                                          6 survivor benefits.
                                                                          7              (b) DEFINITIONS.—In this section—
                                                                          8                       (1) the term ‘‘coronavirus’’ means SARS–CoV–
                                                                          9              2 or another coronavirus with pandemic potential;
                                                                       10                and
                                                                       11                         (2) the term ‘‘employee’’—
                                                                       12                                  (A) means an employee as that term is de-
                                                                       13                         fined in section 8101(1) of title 5, United
                                                                       14                         States Code, (including an employee of the
                                                                       15                         United States Postal Service, the Transpor-
                                                                       16                         tation Security Administration, or the Depart-
                                                                       17                         ment of Veterans Affairs, including any indi-
                                                                       18                         vidual appointed under chapter 73 or 74 of title
                                                                       19                         38, United States Code) employed in the Fed-
                                                                       20                         eral service at anytime during the period begin-
                                                                       21                         ning on January 27, 2020, and ending on Jan-
                                                                       22                         uary 30, 2022—
                                                                       23                                          (i) who carried out duties requiring




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  contact with patients, members of the pub-
                                                                       25                                  lic, or co-workers; or


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                   9
                                                                          1                                         (ii) whose duties include a risk of ex-
                                                                          2                                 posure to the coronavirus; and
                                                                          3                                 (B) does not include any employee other-
                                                                          4                        wise covered by subparagraph (A) who is tele-
                                                                          5                        working on a full-time basis during all of such
                                                                          6                        period.
                                                                          7        SEC. 7. PANDEMIC DUTY DIFFERENTIAL.

                                                                          8               (a) DEFINITIONS.—In this section—
                                                                          9                        (1) the term ‘‘agency’’—
                                                                       10                                   (A) means—
                                                                       11                                           (i) each agency, office, or other estab-
                                                                       12                                   lishment in the executive, legislative, or ju-
                                                                       13                                   dicial branch of the Federal Government,
                                                                       14                                   including—
                                                                       15                                                    (I) an Executive agency, as that
                                                                       16                                           term is defined in section 105 of title
                                                                       17                                           5, United States Code;
                                                                       18                                                    (II) a military department, as
                                                                       19                                           that term is defined in section 102 of
                                                                       20                                           title 5, United States Code;
                                                                       21                                                    (III) the Federal Aviation Ad-
                                                                       22                                           ministration;
                                                                       23                                                    (IV) the Transportation Security




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                           Administration;




                                                                                     •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020    Jkt 099200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  10
                                                                          1                                                 (V) the Department of Veterans
                                                                          2                                        Affairs;
                                                                          3                                                 (VI) the United States Postal
                                                                          4                                        Service and the Postal Regulatory
                                                                          5                                        Commission; and
                                                                          6                                                 (VII) the Government Account-
                                                                          7                                        ability Office;
                                                                          8                                        (ii) the District of Columbia courts
                                                                          9                                and the District of Columbia Public De-
                                                                       10                                  fender Service; and
                                                                       11                                          (iii)(I) an Indian tribe or tribal orga-
                                                                       12                                  nization carrying out a contract or com-
                                                                       13                                  pact under the Indian Self-Determination
                                                                       14                                  and Education Assistance Act (25 U.S.C.
                                                                       15                                  5301 et seq.);
                                                                       16                                          (II) an Indian tribe or tribal organiza-
                                                                       17                                  tion that receives a grant under the Trib-
                                                                       18                                  ally Controlled Schools Act of 1988 (25
                                                                       19                                  U.S.C. 2501 et seq.); and
                                                                       20                                          (III) an urban Indian organization
                                                                       21                                  that receives a grant or carries out a con-
                                                                       22                                  tract under title V of the Indian Health
                                                                       23                                  Care Improvement Act (25 U.S.C. 1651 et




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  seq.); and




                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  11
                                                                          1                                (B) does not include a nonappropriated
                                                                          2                       fund instrumentality under the jurisdiction of
                                                                          3                       the Armed Forces;
                                                                          4                       (2) the term ‘‘covered duty’’—
                                                                          5                                (A) means duty that requires—
                                                                          6                                        (i) an employee to have regular or
                                                                          7                                routine contact with the public; or
                                                                          8                                        (ii) the reporting of an employee to a
                                                                          9                                worksite at which—
                                                                       10                                                   (I) social distancing is not pos-
                                                                       11                                          sible, consistent with the regularly as-
                                                                       12                                          signed duties of the position of the
                                                                       13                                          employee; and
                                                                       14                                                   (II) other preventative measures
                                                                       15                                          with respect to COVID–19 are not
                                                                       16                                          available; and
                                                                       17                                  (B) does not include duty that an employee
                                                                       18                         performs while teleworking from a residence;
                                                                       19                         (3) the term ‘‘covered period’’ means the period
                                                                       20                beginning on the date on which the Secretary of
                                                                       21                Health and Human Services declared a public health
                                                                       22                emergency under section 319 of the Public Health
                                                                       23                Service Act (42 U.S.C. 247d) with respect to




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                COVID–19 and ending on the date that is 60 days




                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  12
                                                                          1              after the date on which that public health emergency
                                                                          2              terminates;
                                                                          3                       (4) the term ‘‘employee’’—
                                                                          4                                (A) means an employee of an agency;
                                                                          5                                (B) includes—
                                                                          6                                        (i) any employee of an agency who oc-
                                                                          7                                cupies a position within the General Sched-
                                                                          8                                ule under subchapter III of chapter 53 of
                                                                          9                                title 5, United States Code;
                                                                       10                                          (ii) any employee of an agency whose
                                                                       11                                  pay is fixed and adjusted from time to
                                                                       12                                  time in accordance with prevailing rates
                                                                       13                                  under subchapter IV of chapter 53 of title
                                                                       14                                  5, United States Code, or by a wage board
                                                                       15                                  or similar administrative authority serving
                                                                       16                                  the same purpose;
                                                                       17                                          (iii) an official or employee of an In-
                                                                       18                                  dian tribe, tribal organization, or urban In-
                                                                       19                                  dian organization described in paragraph
                                                                       20                                  (1)(A)(iii);
                                                                       21                                          (iv) each employee of the Department
                                                                       22                                  of Veterans Affairs, including an employee
                                                                       23                                  appointed under chapter 74 of title 38,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  United States Code, without regard to
                                                                       25                                  whether section 7421(a) of that title, sec-


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  13
                                                                          1                                tion 7425(b) of that title, or any other pro-
                                                                          2                                vision of chapter 74 of that title is incon-
                                                                          3                                sistent with that inclusion; and
                                                                          4                                        (v) any other individual occupying a
                                                                          5                                position in the civil service, as that term is
                                                                          6                                defined in section 2101 of title 5, United
                                                                          7                                States Code; and
                                                                          8                                (C) does not include—
                                                                          9                                        (i) a member of the uniformed serv-
                                                                       10                                  ices, as that term is defined in section
                                                                       11                                  2101 of title 5, United States Code;
                                                                       12                                          (ii) an employee of an agency who oc-
                                                                       13                                  cupies a position within the Executive
                                                                       14                                  Schedule under any of sections 5312
                                                                       15                                  through 5316 of title 5, United States
                                                                       16                                  Code;
                                                                       17                                          (iii) an individual in a Senior Execu-
                                                                       18                                  tive Service position, unless the individual
                                                                       19                                  is a career appointee, as those terms are
                                                                       20                                  defined in section 3132(a) of title 5,
                                                                       21                                  United States Code;
                                                                       22                                          (iv) an individual serving in a position
                                                                       23                                  of a confidential or policy-determining




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  character under Schedule C of subpart C




                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  14
                                                                          1                                of part 213 of title 5, Code of Federal
                                                                          2                                Regulations, or any successor regulations;
                                                                          3                                        (v) a member of the Senate or House
                                                                          4                                of Representatives, a Delegate to the
                                                                          5                                House of Representatives, or the Resident
                                                                          6                                Commissioner from Puerto Rico; or
                                                                          7                                        (vi) an employee of the personal office
                                                                          8                                of an individual described in clause (v), of
                                                                          9                                a leadership office of the Senate or the
                                                                       10                                  House of Representatives, of a committee
                                                                       11                                  of the Senate or the House of Representa-
                                                                       12                                  tives, or of a joint committee of Congress;
                                                                       13                                  and
                                                                       14                         (5) the term ‘‘employer payroll taxes’’ means—
                                                                       15                                  (A) taxes imposed under sections 3111(b),
                                                                       16                         3221(a) (but only to the extent attributable to
                                                                       17                         the portion of such tax attributable to the tax
                                                                       18                         imposed by section 3111(b)), 3221(b), and
                                                                       19                         3301 of the Internal Revenue Code of 1986;
                                                                       20                         and
                                                                       21                                  (B) taxes imposed by a State or local gov-
                                                                       22                         ernment on an employer with respect to
                                                                       23                         amounts paid by such employer for work by em-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         ployees.
                                                                       25                (b) PANDEMIC DUTY DIFFERENTIAL.—


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  15
                                                                          1                       (1) IN GENERAL.—There is established a sched-
                                                                          2              ule of pay differentials for covered duty as follows:
                                                                          3                                (A) An employee is entitled to pay for that
                                                                          4                       covered duty at the rate of basic pay, which in-
                                                                          5                       cludes any differential or other premium pay
                                                                          6                       paid for regularly scheduled work of the em-
                                                                          7                       ployee other than the differential established
                                                                          8                       under this section, of the employee plus pre-
                                                                          9                       mium pay of $13 per hour.
                                                                       10                                  (B) The total amount of premium pay paid
                                                                       11                         to an employee under subparagraph (A) shall
                                                                       12                         be—
                                                                       13                                          (i) with respect to an employee whose
                                                                       14                                  annual rate of basic pay is less than
                                                                       15                                  $200,000, not more than $10,000 reduced
                                                                       16                                  by employer payroll taxes with respect to
                                                                       17                                  such premium pay; and
                                                                       18                                          (ii) with respect to an employee whose
                                                                       19                                  annual rate of basic pay is not less than
                                                                       20                                  $200,000, not more than $5,000 reduced
                                                                       21                                  by employer payroll taxes with respect to
                                                                       22                                  such premium pay.
                                                                       23                         (2) PAY.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) IN          GENERAL.—With                          respect to the
                                                                       25                         covered period, an employee is entitled to be


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH    H7341
                                                                                                                                  16
                                                                          1                       paid the applicable differential established
                                                                          2                       under paragraph (1) for any period, including
                                                                          3                       any period during the covered period that pre-
                                                                          4                       cedes the date of enactment of this Act, in
                                                                          5                       which the employee is carrying out covered
                                                                          6                       duty, subject to the applicable limitations under
                                                                          7                       that paragraph.
                                                                          8                                (B) RETROACTIVE                         PAYMENT.—With          re-
                                                                          9                       spect to a payment earned by an employee
                                                                       10                         under this subsection for a period during the
                                                                       11                         covered period that precedes the date of enact-
                                                                       12                         ment of this Act, the employee shall be paid
                                                                       13                         that payment in a lump sum payment as soon
                                                                       14                         as is practicable after that date of enactment.
                                                                       15                         (3) GUIDANCE AND REGULATIONS.—
                                                                       16                                  (A) EXECUTIVE BRANCH.—
                                                                       17                                          (i) IN GENERAL.—The Office of Per-
                                                                       18                                  sonnel Management shall develop criteria
                                                                       19                                  for agencies in the executive branch of the
                                                                       20                                  Federal Government regarding the means
                                                                       21                                  by which to determine the eligibility of an
                                                                       22                                  employee in such an agency for the pay
                                                                       23                                  differential established under this sub-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  section, which shall—
                                                                       25                                                   (I) be based on—


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  17
                                                                          1                                                            (aa) the duties performed by
                                                                          2                                                 the employee;
                                                                          3                                                            (bb) the setting in which the
                                                                          4                                                 employee performs the duties de-
                                                                          5                                                 scribed in item (aa); and
                                                                          6                                                            (cc) the interactions with the
                                                                          7                                                 public required in order for the
                                                                          8                                                 employee to perform the duties
                                                                          9                                                 described in item (aa); and
                                                                       10                                                   (II) apply equally to all such
                                                                       11                                          agencies.
                                                                       12                                          (ii) REGULATIONS.—The Office of
                                                                       13                                  Personnel Management may prescribe reg-
                                                                       14                                  ulations implementing the pay differential
                                                                       15                                  under this subsection with respect to em-
                                                                       16                                  ployees in the executive branch of the Fed-
                                                                       17                                  eral Government.
                                                                       18                                  (B) OTHER BRANCHES, CERTAIN DC EM-
                                                                       19                         PLOYEES, AND CERTAIN TRIBAL OFFICIALS.—

                                                                       20                                          (i) IN GENERAL.—The employing au-
                                                                       21                                  thority for each agency that is not in the
                                                                       22                                  executive branch of the Federal Govern-
                                                                       23                                  ment—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                                   (I) shall develop criteria regard-
                                                                       25                                          ing the means by which to determine


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  18
                                                                          1                                        the eligibility of an employee in such
                                                                          2                                        an agency for the pay differential es-
                                                                          3                                        tablished under this subsection; and
                                                                          4                                                 (II) may prescribe regulations
                                                                          5                                        implementing                   the       pay           differential
                                                                          6                                        under this subsection with respect to
                                                                          7                                        employees in the applicable agency.
                                                                          8                                        (ii) CONSISTENCY WITH OPM GUID-
                                                                          9                                ANCE         AND         REGULATIONS.—Any                          criteria
                                                                       10                                  developed, and regulations prescribed, by
                                                                       11                                  an agency under clause (i) shall, to the ex-
                                                                       12                                  tent practicable, be comparable to any cri-
                                                                       13                                  teria developed and regulations prescribed
                                                                       14                                  by the Office of Personnel Management
                                                                       15                                  under subparagraph (A).
                                                                       16                (c) LIMITATION ON PREMIUM PAY.—
                                                                       17                         (1) IN GENERAL.—Notwithstanding subsections
                                                                       18                (a) and (b) of section 5547 of title 5, United States
                                                                       19                Code, or a provision of any other Federal, State, or
                                                                       20                Tribal law that imposes a limitation on the amount
                                                                       21                of premium pay (including any premium pay paid
                                                                       22                under subsection (b) and any overtime pay paid for
                                                                       23                covered duty) that may be payable to an employee,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                an employee may be paid such premium pay to the
                                                                       25                extent that the payment does not cause the aggre-


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  19
                                                                          1              gate of basic pay and such premium pay for service
                                                                          2              performed in that calendar year by that employee to
                                                                          3              exceed the annual rate of basic pay payable for level
                                                                          4              II of the Executive Schedule, as of the end of the
                                                                          5              calendar year.
                                                                          6                       (2) APPLICABILITY OF AGGREGATE LIMITATION
                                                                          7              ON PAY.—In determining whether a payment to an

                                                                          8              employee is subject to the limitation under section
                                                                          9              5307(a) of title 5, United States Code, a payment
                                                                       10                described in paragraph (1) shall not apply.
                                                                       11                         (3) APPLICABILITY OF CARES ACT.—The au-
                                                                       12                thority provided under this subsection shall be con-
                                                                       13                sidered to be in addition to, and not a replacement
                                                                       14                for, the authority provided under section 18110 of
                                                                       15                title VIII of the CARES Act (Public Law 116–136).
                                                                       16                         (4) RETROACTIVE                       EFFECT.—This                      subsection
                                                                       17                shall take effect as if enacted on the date on which
                                                                       18                the covered period began.
                                                                       19                (d) APPROPRIATION.—
                                                                       20                         (1) APPROPRIATION.—There is hereby appro-
                                                                       21                priated, out of any money in the Treasury not other-
                                                                       22                wise appropriated, $10,000,000,000, to remain
                                                                       23                available until expended, for the offices and agencies




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                described in paragraph (2) to carry out subsections




                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  20
                                                                          1              (b) and (c) and to make transfers authorized under
                                                                          2              paragraph (3) of this subsection.
                                                                          3                       (2) OFFICES AND AGENCIES.—The offices and
                                                                          4              agencies described in this paragraph are—
                                                                          5                                (A) the Office of the Sergeant at Arms and
                                                                          6                       Doorkeeper of the Senate;
                                                                          7                                (B) the Office of the Clerk of the House
                                                                          8                       of Representatives;
                                                                          9                                (C) the Office of the Sergeant at Arms of
                                                                       10                         the House of Representatives;
                                                                       11                                  (D) the Office of the Chief Administrative
                                                                       12                         Officer of the House of Representatives;
                                                                       13                                  (E) the Office of the Attending Physician;
                                                                       14                                  (F) the Capitol Police;
                                                                       15                                  (G) the Office of the Architect of the Cap-
                                                                       16                         itol;
                                                                       17                                  (H) the Library of Congress;
                                                                       18                                  (I) the Government Publishing Office;
                                                                       19                                  (J) the Government Accountability Office;
                                                                       20                                  (K) the Office of Personnel Management;
                                                                       21                                  (L) the Administrative Office of the United
                                                                       22                         States Courts;
                                                                       23                                  (M) the District of Columbia Courts; and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (N) the District of Columbia Public De-
                                                                       25                         fender Service.


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  21
                                                                          1                       (3) TRANSFER AUTHORITY.—
                                                                          2                                (A) OPM.—The Office of Personnel Man-
                                                                          3                       agement may transfer funds made available
                                                                          4                       under this subsection to other Federal agencies
                                                                          5                       within the executive branch to reimburse such
                                                                          6                       agencies for costs incurred to implement this
                                                                          7                       section.
                                                                          8                                (B) AOUSC.—The Administrative Office
                                                                          9                       of the United States Courts may transfer funds
                                                                       10                         made available under this subsection to other
                                                                       11                         entities within the judicial branch to reimburse
                                                                       12                         the entities for costs incurred to implement this
                                                                       13                         section.
                                                                       14                (e) COORDINATION WITH OTHER BENEFITS.—
                                                                       15                         (1) DISREGARD FOR PURPOSES OF FEDERAL
                                                                       16                AND         STATE         PROGRAMS.—Any                        payment provided
                                                                       17                under this section shall not be regarded as income
                                                                       18                and shall not be regarded as a resource for the
                                                                       19                month of receipt and the following 12 months, for
                                                                       20                purposes of determining the eligibility of the recipi-
                                                                       21                ent (or the recipient’s spouse or family) for benefits
                                                                       22                or assistance, or the amount or extent of benefits or
                                                                       23                assistance, under any Federal program or under any




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                State or local program financed in whole or in part
                                                                       25                with Federal funds.


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  22
                                                                          1                       (2) AMOUNTS NOT TAKEN INTO ACCOUNT FOR
                                                                          2              PURPOSES OF PREMIUM TAX CREDIT.—

                                                                          3                                (A) IN GENERAL.—For purposes of deter-
                                                                          4                       mining modified adjusted gross income under
                                                                          5                       section 36B(d)(2)(B) of the Internal Revenue
                                                                          6                       Code of 1986, adjusted gross income shall be
                                                                          7                       reduced by any amounts received by reason of
                                                                          8                       subsection (b).
                                                                          9                                (B) EXCEPTION.—Subparagraph (A) shall
                                                                       10                         not apply to the extent such reduction results
                                                                       11                         in an amount of household income (as defined
                                                                       12                         in section 36B(d)(2)(A) of such Code) of a tax-
                                                                       13                         payer that is less than 100 percent of the pov-
                                                                       14                         erty line (as defined in section 36B(d)(3) of
                                                                       15                         such Code) for a family of the size involved (as
                                                                       16                         determined under the rules of section 36B(d)(1)
                                                                       17                         of such Code).
                                                                       18                                  (C) REPORTING.—
                                                                       19                                          (i) IN GENERAL.—Any employer that
                                                                       20                                  makes an applicable payment during a cal-
                                                                       21                                  endar year shall include as a separately
                                                                       22                                  stated item on any written statement re-
                                                                       23                                  quired under section 6051 of the Internal




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  Revenue Code of 1986 or any return or
                                                                       25                                  statement required by the Secretary of the


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  23
                                                                          1                                Treasury (or the Secretary’s delegate) with
                                                                          2                                respect to nonemployee compensation the
                                                                          3                                aggregate amount of each type of applica-
                                                                          4                                ble payments so made.
                                                                          5                                        (ii)       APPLICABLE                   PAYMENTS.—For

                                                                          6                                purposes of this subparagraph, the term
                                                                          7                                ‘‘applicable payments’’ means amounts
                                                                          8                                paid by reason of subsection (b).
                                                                          9                       (3)        EMPLOYMENT                       TAX       TREATMENT         FOR

                                                                       10                AMOUNTS PAID THROUGH GRANTS.—

                                                                       11                                  (A) IN GENERAL.—For purposes of section
                                                                       12                         3111(a) of the Internal Revenue Code of 1986,
                                                                       13                         any amounts required to be paid by reason of
                                                                       14                         this section shall not be considered wages.
                                                                       15                                  (B) RAILROAD RETIREMENT TAXES.—For
                                                                       16                         purposes of section 3221(a) of the Internal
                                                                       17                         Revenue Code of 1986, the amount of tax im-
                                                                       18                         posed under such section for any calendar year
                                                                       19                         in which an employer is required to pay
                                                                       20                         amounts under this section shall be equal to the
                                                                       21                         sum of—
                                                                       22                                          (i) the product of the rate in effect
                                                                       23                                  under section 3111(a) of such Code and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  the compensation (reduced by any amounts
                                                                       25                                  required to be paid by reason of this sec-


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  24
                                                                          1                                tion) paid during any calendar year by
                                                                          2                                such employer for services rendered to
                                                                          3                                such employer; and
                                                                          4                                        (ii) the product of the rate in effect
                                                                          5                                under section 3111(b) of such Code and
                                                                          6                                the compensation paid during any calendar
                                                                          7                                year by such employer for services ren-
                                                                          8                                dered to such employer.
                                                                          9                                (C) SELF-EMPLOYED INDIVIDUALS.—
                                                                       10                                          (i) IN GENERAL.—In the case of the
                                                                       11                                  tax imposed by section 1401(a) of the In-
                                                                       12                                  ternal Revenue Code of 1986, the self-em-
                                                                       13                                  ployment income for any taxable year in
                                                                       14                                  which the individual received a payment re-
                                                                       15                                  quired to be made under this section shall
                                                                       16                                  be reduced by 50 percent of the amount of
                                                                       17                                  payments so made.
                                                                       18                                          (ii) REGULATORY                       AUTHORITY.—The

                                                                       19                                  Secretary of the Treasury (or the Sec-
                                                                       20                                  retary’s delegate) shall prescribe regula-
                                                                       21                                  tions or other guidance for the application
                                                                       22                                  of sections 164(f) and 1402(a)(12) of the
                                                                       23                                  Internal Revenue Code of 1986 with re-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  spect to amounts to which clause (i) ap-
                                                                       25                                  plies.


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  25
                                                                          1                                (D) TRANSFERS TO TRUST FUNDS.—There
                                                                          2                       are hereby appropriated to the Federal Old Age
                                                                          3                       and Survivors Insurance Trust Fund and the
                                                                          4                       Federal Disability Insurance Trust Fund estab-
                                                                          5                       lished under section 201 of the Social Security
                                                                          6                       Act (42 U.S.C. 401) and the Social Security
                                                                          7                       Equivalent Benefit Account established under
                                                                          8                       section 15A(a) of the Railroad Retirement Act
                                                                          9                       of 1974 (45 U.S.C. 231n–1(a)) amounts equal
                                                                       10                         to the reduction in revenues to the Treasury by
                                                                       11                         reason of this paragraph (without regard to this
                                                                       12                         subparagraph). Amounts appropriated by the
                                                                       13                         preceding sentence shall be transferred from the
                                                                       14                         general fund at such times and in such manner
                                                                       15                         as to replicate to the extent possible the trans-
                                                                       16                         fers which would have occurred to such Trust
                                                                       17                         Fund or Account had this subsection not been
                                                                       18                         enacted.
                                                                       19                (f) CLARIFICATION OF COORDINATION WITH OTHER
                                                                       20 LAWS.—
                                                                       21                         (1) ESSENTIAL WORKERS RIGHTS AND BENE-
                                                                       22                FITS.—Nothing in this section shall be construed to

                                                                       23                allow noncompliance with or in any way to diminish,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                and shall instead be construed to be in addition to,




                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  26
                                                                          1              the rights or benefits that an essential worker is en-
                                                                          2              titled to under any—
                                                                          3                                (A) Federal, State, or local law, including
                                                                          4                       regulation;
                                                                          5                                (B) collective bargaining agreement; or
                                                                          6                                (C) employer policy.
                                                                          7                       (2) TITLE 5.—Nothing in this section shall be
                                                                          8              construed to affect the application of the provisions
                                                                          9              of sections 5343 or 5545 of title 5, United States
                                                                       10                Code, with respect to pay differentials for duty in-
                                                                       11                volving unusual physical hardship or hazard, or envi-
                                                                       12                ronmental differentials.
                                                                       13                (g) APPLICABILITY OF FAIR LABOR STANDARDS ACT
                                                                       14          OF 1938 TO SOVEREIGN TRIBAL EMPLOYERS.—

                                                                       15                         (1) IN GENERAL.—The receipt of any funds
                                                                       16                under subsection (b), (c), or (d) by a sovereign Trib-
                                                                       17                al employer shall not expand, constrict, or alter the
                                                                       18                application of the Fair Labor Standards Act of 1938
                                                                       19                (29 U.S.C. 201 et seq.) to such sovereign Tribal em-
                                                                       20                ployer.
                                                                       21                         (2) DEFINITIONS.—In this subsection—
                                                                       22                                  (A) the term ‘‘Tribal employer’’ means—
                                                                       23                                          (i) any Tribal government, a subdivi-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  sion of a Tribal government (determined in
                                                                       25                                  accordance with section 7871(d) of the In-


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  27
                                                                          1                                ternal Revenue Code), or an agency or in-
                                                                          2                                strumentality of a Tribal government or
                                                                          3                                subdivision thereof;
                                                                          4                                        (ii) any Tribal organization (as the
                                                                          5                                term ‘‘tribal organization’’ is defined in
                                                                          6                                section 4(l) of the Indian Self-Determina-
                                                                          7                                tion and Education Assistance Act (25
                                                                          8                                U.S.C. 5304(l));
                                                                          9                                        (iii) any corporation if more than 50
                                                                       10                                  percent (determined by vote and value) of
                                                                       11                                  the outstanding stock of such corporation
                                                                       12                                  is owned, directly or indirectly, by any en-
                                                                       13                                  tity described in subparagraph (A) or (B);
                                                                       14                                  or
                                                                       15                                          (iv) any partnership if more than 50
                                                                       16                                  percent of the value of the capital and
                                                                       17                                  profits interests of such partnership is
                                                                       18                                  owned, directly or indirectly, by any entity
                                                                       19                                  described in subparagraph (A) or (B); and
                                                                       20                                  (B) the term ‘‘Trival government’’ means
                                                                       21                         the recognized governing body of any Indian or
                                                                       22                         Alaska Native tribe, band, nation, pueblo, vil-
                                                                       23                         lage, community, component band, or compo-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         nent reservation individually identified (includ-
                                                                       25                         ing parenthetically) in the list published most


                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\H7341.IH   H7341
                                                                                                                                  28
                                                                          1                       recently as of the date of enactment of this Act
                                                                          2                       pursuant to section 104 of the Federally Recog-
                                                                          3                       nized Indian Tribe List Act of 1994 (25 U.S.C.
                                                                          4                       5131).
                                                                                                                                  Æ




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                    •HR 7341 IH

                                        VerDate Sep 11 2014   19:13 Jul 17, 2020   Jkt 099200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6301   E:\BILLS\H7341.IH   H7341


File and source

File
BILLS_bills-116hr7341ih_bills-116hr7341ih.pdf
Size
269,487 bytes
SHA-256
c61876fa6ceef3c1b6545093b7519abeb7c7676b79694c489c6ccffec51679a7
Our copy
BILLS_bills-116hr7341ih_bills-116hr7341ih.pdf
Original
www.govinfo.gov
Back to top