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H.R. 8349, Hazard Pay for Essential Workers Act of 2020

Summary

H.R. 8349, the Hazard Pay for Essential Workers Act of 2020, was introduced in the House of Representatives on September 22, 2020 by Mr. Van Drew and referred to the Committee on Education and Labor, with additional committees named. It is a bill to provide hazard pay to frontline essential workers employed during the COVID-19 pandemic. Title I covers definitions, pandemic premium pay for essential workers, a COVID-19 Hazard Fund and grants, and funding for the Department of the Treasury Office of Inspector General. Section 107 authorizes and appropriates $180,000,000,000 to carry out the title, to remain available until expended.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8349Ih Bills 116Hr8349Ih
Case
Bills Bills 116Hr8349Ih Bills 116Hr8349Ih

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“H.R. 8349, Hazard Pay for Essential Workers Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8349ih-bills-116hr8349ih/, SHA-256 49bf8eccbafb8f5234ea3e23ac7f6e23f5896d27371c972addbf0b6eabf53acd.

Full text

                                                                                                                                                                           I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              H. R. 8349
                                                                           To provide hazard pay to frontline essential workers employed during the
                                                                                                    COVID–19 pandemic.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                    SEPTEMBER 22, 2020
                                                                       Mr. VAN DREW introduced the following bill; which was referred to the Com-
                                                                           mittee on Education and Labor, and in addition to the Committees on
                                                                           Ways and Means, Energy and Commerce, Veterans’ Affairs, Oversight
                                                                           and Reform, and House Administration, for a period to be subsequently
                                                                           determined by the Speaker, in each case for consideration of such provi-
                                                                           sions as fall within the jurisdiction of the committee concerned




                                                                                                                  A BILL
                                                                                   To provide hazard pay to frontline essential workers
                                                                                       employed during the COVID–19 pandemic.

                                                                         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; TABLE OF CONTENTS.

                                                                         4               (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Hazard Pay for Essential Workers Act of 2020’’.
                                                                         6               (b) TABLE OF CONTENTS.—The table of contents for




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                                                                         7 this Act is as follows:
                                                                               Sec. 1. Short title; table of contents.

                                                                                                TITLE I—HAZARD PAY FOR ESSENTIAL WORKERS



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

                                                                         1                TITLE I—HAZARD PAY FOR
                                                                         2                  ESSENTIAL WORKERS
                                                                         3     SEC. 101. DEFINITIONS.

                                                                         4               In this title:
                                                                         5                        (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                                                         6               The term ‘‘COVID–19 Public Health Emergency’’
                                                                         7               means the public health emergency first declared on
                                                                         8               January 31, 2020, by the Secretary of Health and
                                                                         9               Human Services under section 319 of the Public
                                                                       10                Health Service Act (42 U.S.C. 247d) with respect to
                                                                       11                COVID–19.
                                                                       12                         (2) EMPLOYEE.—Except as provided in para-
                                                                       13                graph (3)(C)(iii), the term ‘‘employee’’ means an in-
                                                                       14                dividual (not employed by an entity excluded from
                                                                       15                the definition of the term ‘‘employer’’ for purposes
                                                                       16                of this title under paragraph (3)(B)) who is—
                                                                       17                                  (A) an employee, as defined in section 3(e)
                                                                       18                         of the Fair Labor Standards Act of 1938 (29
                                                                       19                         U.S.C. 203(e)), except that a reference in such




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                                                                       20                         section 3(e) to an employer shall be considered




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                                                                         1                        to be a reference to an employer described in
                                                                         2                        clauses (i)(I) and (ii) of paragraph (3)(A);
                                                                         3                                 (B) a State employee described in section
                                                                         4                        304(a) of the Government Employee Rights Act
                                                                         5                        of 1991 (42 U.S.C. 2000e–16c(a)); or
                                                                         6                                 (C) an employee of a Tribal employer.
                                                                         7                        (3) EMPLOYER.—
                                                                         8                                 (A) IN GENERAL.—The term ‘‘employer’’
                                                                         9                        means, except as provided in subparagraph (B),
                                                                       10                         a person who is—
                                                                       11                                          (i)(I) a covered employer, as defined
                                                                       12                                  in subparagraph (C);
                                                                       13                                          (II) an entity employing a State em-
                                                                       14                                  ployee described in section 304(a) of the
                                                                       15                                  Government Employee Rights Act of 1991;
                                                                       16                                  or
                                                                       17                                          (III) a Tribal employer; and
                                                                       18                                          (ii) engaged in commerce (including
                                                                       19                                  government), or an industry or activity af-
                                                                       20                                  fecting commerce (including government).
                                                                       21                                  (B) EXCLUSION OF EXECUTIVE, LEGISLA-
                                                                       22                         TIVE, AND JUDICIAL ENTITIES.—

                                                                       23                                          (i) IN             GENERAL.—The                   term ‘‘em-




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                                                                       24                                  ployer’’ does not include—




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                                                                         1                                                  (I) each agency, office, or other
                                                                         2                                         establishment in the executive, legisla-
                                                                         3                                         tive, or judicial branch of the Federal
                                                                         4                                         Government including those listed in
                                                                         5                                         clause (ii), except, only as provided in
                                                                         6                                         section 102(g)(2), the VA Office of
                                                                         7                                         Geriatrics & Extended Care of the
                                                                         8                                         Veterans Health Administration;
                                                                         9                                                  (II) the United States Postal
                                                                       10                                          Service or the Postal Regulatory Com-
                                                                       11                                          mission; or
                                                                       12                                                   (III) a nonappropriated fund in-
                                                                       13                                          strumentality under the jurisdiction of
                                                                       14                                          the Armed Forces.
                                                                       15                                          (ii) INCLUSIONS.—The agencies, of-
                                                                       16                                  fices, are other establishments listed in this
                                                                       17                                  clause include—
                                                                       18                                                   (I) each agency, office, or other
                                                                       19                                          establishment in the executive, legisla-
                                                                       20                                          tive, or judicial branch of the Federal
                                                                       21                                          Government, including—
                                                                       22                                                             (aa) an Executive agency, as
                                                                       23                                                   that term is defined in section




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                                                                       24                                                   105 of title 5, United States
                                                                       25                                                   Code;


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                                                                         1                                                            (bb) a military department,
                                                                         2                                                  as that term is defined in section
                                                                         3                                                  102 of title 5, United States
                                                                         4                                                  Code;
                                                                         5                                                            (cc) the Federal Aviation
                                                                         6                                                  Administration;
                                                                         7                                                            (dd) the Transportation Se-
                                                                         8                                                  curity Administration;
                                                                         9                                                            (ee) the Department of Vet-
                                                                       10                                                   erans Affairs; and
                                                                       11                                                             (ff) the Government Ac-
                                                                       12                                                   countability Office;
                                                                       13                                                   (II) the District of Columbia
                                                                       14                                          courts and the District of Columbia
                                                                       15                                          Public Defender Service; and
                                                                       16                                                   (III)(aa) an Indian tribe or tribal
                                                                       17                                          organization carrying out a contract
                                                                       18                                          or compact under the Indian Self-De-
                                                                       19                                          termination and Education Assistance
                                                                       20                                          Act (25 U.S.C. 5301 et seq.);
                                                                       21                                                   (bb) an Indian tribe or tribal or-
                                                                       22                                          ganization that receives a grant under
                                                                       23                                          the Tribally Controlled Schools Act of




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                                                                       24                                          1988 (25 U.S.C. 2501 et seq.); and




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                                                                         1                                                  (cc) an urban Indian organiza-
                                                                         2                                         tion that receives a grant or carries
                                                                         3                                         out a contract under title V of the In-
                                                                         4                                         dian Health Care Improvement Act
                                                                         5                                         (25 U.S.C. 1651 et seq.).
                                                                         6                                 (C) COVERED EMPLOYER.—
                                                                         7                                         (i) IN             GENERAL.—In                 subparagraph
                                                                         8                                 (A)(i)(I), the term ‘‘covered employer’’—
                                                                         9                                                  (I) means any person engaged in
                                                                       10                                          commerce (including government), or
                                                                       11                                          in any industry or activity affecting
                                                                       12                                          commerce               (including               government),
                                                                       13                                          who employs 1 or more employees;
                                                                       14                                                   (II) includes—
                                                                       15                                                             (aa) any person who acts di-
                                                                       16                                                   rectly or indirectly in the interest
                                                                       17                                                   of (within the meaning of section
                                                                       18                                                   3(d) of the Fair Labor Standards
                                                                       19                                                   Act of 1938 (29 U.S.C. 203(d)))
                                                                       20                                                   an employer in relation to any of
                                                                       21                                                   the employees of such employer;
                                                                       22                                                   and
                                                                       23                                                             (bb) any successor in inter-




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                                                                       24                                                   est of an employer;




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                                                                         1                                                  (III) except as provided in sub-
                                                                         2                                         paragraph (B), includes any public
                                                                         3                                         agency, as defined in section 3(x) of
                                                                         4                                         the Fair Labor Standards Act of
                                                                         5                                         1938 (29 U.S.C. 203(x));
                                                                         6                                                  (IV) includes any person de-
                                                                         7                                         scribed in subclause (I) who conducts
                                                                         8                                         business as a not-for-profit organiza-
                                                                         9                                         tion;
                                                                       10                                                   (V) includes—
                                                                       11                                                             (aa) an entity or person that
                                                                       12                                                   contracts directly with a State,
                                                                       13                                                   locality, Tribal government, or
                                                                       14                                                   the Federal Government, to pro-
                                                                       15                                                   vide care (which may include
                                                                       16                                                   items and services) through em-
                                                                       17                                                   ployees of such entity or person
                                                                       18                                                   to individuals under the Medicare
                                                                       19                                                   program under title XVIII of the
                                                                       20                                                   Social Security Act (42 U.S.C.
                                                                       21                                                   1395 et seq.), under a State
                                                                       22                                                   Medicaid plan under title XIX of
                                                                       23                                                   such Act (42 U.S.C. 1396 et




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                                                                       24                                                   seq.) or under a waiver of such
                                                                       25                                                   plan, or under any other program


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                                                                         1                                                  established or administered by a
                                                                         2                                                  State, locality, Tribal govern-
                                                                         3                                                  ment, or the Federal Govern-
                                                                         4                                                  ment;
                                                                         5                                                            (bb) a subcontractor of an
                                                                         6                                                  entity or person described in item
                                                                         7                                                  (aa);
                                                                         8                                                            (cc) an individual client (or
                                                                         9                                                  a representative on behalf of an
                                                                       10                                                   individual client), an entity, or a
                                                                       11                                                   person, that employs an indi-
                                                                       12                                                   vidual to provide care (which may
                                                                       13                                                   include items and services) to the
                                                                       14                                                   individual client under a self-di-
                                                                       15                                                   rected            service        delivery     model
                                                                       16                                                   through a program established or
                                                                       17                                                   administered by a State, locality,
                                                                       18                                                   Tribal government, or the Fed-
                                                                       19                                                   eral Government; or
                                                                       20                                                             (dd) an individual client (or
                                                                       21                                                   a representative on behalf of an
                                                                       22                                                   individual client) that, on their
                                                                       23                                                   own accord, employs an indi-




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                                                                       24                                                   vidual to provide care (which may
                                                                       25                                                   include items and services) to the


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                                                                         1                                                  individual client using the indi-
                                                                         2                                                  vidual client’s own finances;
                                                                         3                                                  (VI) includes the United States
                                                                         4                                         Postal Service;
                                                                         5                                                  (VII) includes a nonappropriated
                                                                         6                                         fund instrumentality under the juris-
                                                                         7                                         diction of the Armed Forces; and
                                                                         8                                                  (VIII) includes, only with respect
                                                                         9                                         to section 102(g)(2), the VA Office of
                                                                       10                                          Geriatrics & Extended Care of the
                                                                       11                                          Veterans Health Administration.
                                                                       12                                          (ii) PUBLIC AGENCY.—For purposes
                                                                       13                                  of this title, a public agency shall be con-
                                                                       14                                  sidered to be a person engaged in com-
                                                                       15                                  merce or in an industry or activity affect-
                                                                       16                                  ing commerce.
                                                                       17                                          (iii) DEFINITION OF EMPLOYEE.—For
                                                                       18                                  purposes of clause (i), the term ‘‘em-
                                                                       19                                  ployee’’ has the meaning given such term
                                                                       20                                  in section 3(e), except such term does not
                                                                       21                                  include any individual employed by entity
                                                                       22                                  excluded from the definition of the term
                                                                       23                                  ‘‘employer’’ for purposes of this title under




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                                                                       24                                  subparagraph (B).




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                                                                         1                                 (D) PREDECESSORS.—Any reference in
                                                                         2                        this paragraph to an employer shall include a
                                                                         3                        reference to any predecessor of such employer.
                                                                         4                                 (E) DEFINITION OF COMMERCE.—For pur-
                                                                         5                        poses of this paragraph, the terms ‘‘commerce’’
                                                                         6                        and        ‘‘industry            or         activity        affecting    com-
                                                                         7                        merce’’—
                                                                         8                                         (i) mean any activity, business, or in-
                                                                         9                                 dustry in commerce or in which a labor
                                                                       10                                  dispute would hinder or obstruct commerce
                                                                       11                                  or the free flow of commerce;
                                                                       12                                          (ii) include commerce and any indus-
                                                                       13                                  try affecting commerce, as such terms are
                                                                       14                                  defined in paragraphs (1) and (3) of sec-
                                                                       15                                  tion 501 of the Labor Management Rela-
                                                                       16                                  tions Act, 1947 (29 U.S.C. 142(1) and
                                                                       17                                  (3)); and
                                                                       18                                          (iii) include commerce, as defined in
                                                                       19                                  section 3(b) of the Fair Labor Standards
                                                                       20                                  Act of 1938 (29 U.S.C. 203(b)) and as de-
                                                                       21                                  scribed in section 2(a) of such Act (29
                                                                       22                                  U.S.C. 202(a)).
                                                                       23                         (4) EMPLOYER                    PAYROLL              TAXES.—The          term




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                                                                       24                ‘‘employer payroll taxes’’ means—




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                                                                         1                                 (A) taxes imposed under sections 3111(b),
                                                                         2                        3221(a) (but only to the extent attributable to
                                                                         3                        the portion of such tax attributable to the tax
                                                                         4                        imposed by section 3111(b)), 3221(b), and
                                                                         5                        3301 of the Internal Revenue Code of 1986;
                                                                         6                        and
                                                                         7                                 (B) taxes imposed by a State or local gov-
                                                                         8                        ernment on an employer with respect to
                                                                         9                        amounts paid by such employer for work by em-
                                                                       10                         ployees.
                                                                       11                         (5) ESSENTIAL                   WORK.—The                  term ‘‘essential
                                                                       12                work’’ means any work that—
                                                                       13                                  (A) is performed during the period that be-
                                                                       14                         gins on January 27, 2020, and ends 60 days
                                                                       15                         after the last day of the COVID–19 Public
                                                                       16                         Health Emergency;
                                                                       17                                  (B) is not performed while teleworking
                                                                       18                         from a residence;
                                                                       19                                  (C) involves—
                                                                       20                                          (i)      regular            in-person             interactions
                                                                       21                                  with—
                                                                       22                                                   (I) patients;
                                                                       23                                                   (II) the public; or




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                                                                       24                                                   (III) coworkers of the individual
                                                                       25                                          performing the work; or


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                                                                         1                                         (ii) regular physical handling of items
                                                                         2                                 that were handled by, or are to be handled
                                                                         3                                 by—
                                                                         4                                                  (I) patients;
                                                                         5                                                  (II) the public; or
                                                                         6                                                  (III) coworkers of the individual
                                                                         7                                         performing the work; and
                                                                         8                                 (D) is in any of the following areas:
                                                                         9                                         (i) First responder work, in the public
                                                                       10                                  sector or private sector, including services
                                                                       11                                  in response to emergencies that have the
                                                                       12                                  potential to cause death or serious bodily
                                                                       13                                  injury, such as police, fire, emergency med-
                                                                       14                                  ical, protective, child maltreatment, domes-
                                                                       15                                  tic violence, and correctional services (in-
                                                                       16                                  cluding activities carried out by employees
                                                                       17                                  in fire protection activities, as defined in
                                                                       18                                  section 3(y) of the Fair Labor Standards
                                                                       19                                  Act of 1938 (29 U.S.C. 203(y)) and activi-
                                                                       20                                  ties of law enforcement officers, as defined
                                                                       21                                  in section 1204(6) of the Omnibus Crime
                                                                       22                                  Control and Safe Streets Act of 1968 (34
                                                                       23                                  U.S.C. 10284(6)).




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                                                                       24                                          (ii) Health care work physically pro-
                                                                       25                                  vided in inpatient settings (including hos-


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                                                                         1                                 pitals and other inpatient post-acute care
                                                                         2                                 settings such as nursing homes, inpatient
                                                                         3                                 rehabilitation facilities, and other related
                                                                         4                                 settings) and other work physically per-
                                                                         5                                 formed in such inpatient settings that sup-
                                                                         6                                 ports or is in furtherance of such health
                                                                         7                                 care work physically provided in inpatient
                                                                         8                                 settings.
                                                                         9                                         (iii) Health care work physically pro-
                                                                       10                                  vided in outpatient settings (including at
                                                                       11                                  physician offices, community health cen-
                                                                       12                                  ters, rural health clinics and other clinics,
                                                                       13                                  hospital          outpatient               departments,        free-
                                                                       14                                  standing emergency departments, ambula-
                                                                       15                                  tory surgical centers, and other related set-
                                                                       16                                  tings), and other work physically per-
                                                                       17                                  formed in such inpatient settings that sup-
                                                                       18                                  ports or is in furtherance of such health
                                                                       19                                  care work physically provided in outpatient
                                                                       20                                  settings.
                                                                       21                                          (iv) Pharmacy work, physically per-
                                                                       22                                  formed in pharmacies, drug stores, or
                                                                       23                                  other retail facilities specializing in medical




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                                                                       24                                  goods and supplies.




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                                                                         1                                         (v) Any work physically performed in
                                                                         2                                 a facility that performs medical testing and
                                                                         3                                 diagnostic services, including laboratory
                                                                         4                                 processing, medical testing services, or re-
                                                                         5                                 lated activities.
                                                                         6                                         (vi)       Home             and         community-based
                                                                         7                                 work, including home health care, residen-
                                                                         8                                 tial care, assistance with activities of daily
                                                                         9                                 living, and any services provided by direct
                                                                       10                                  care workers (as defined in section 799B
                                                                       11                                  of the Public Health Service Act (42
                                                                       12                                  U.S.C. 295p)), personal care aides, job
                                                                       13                                  coaches, or supported employment pro-
                                                                       14                                  viders, and any other provision of care to
                                                                       15                                  individuals in their homes by direct service
                                                                       16                                  providers, personal care attendants, and
                                                                       17                                  home health aides.
                                                                       18                                          (vii) Biomedical research regarding
                                                                       19                                  SARS–CoV–2 and COVID–19 that in-
                                                                       20                                  volves the handling of hazardous materials
                                                                       21                                  such as COVID–19 samples.
                                                                       22                                          (viii) Behavioral health work requiring
                                                                       23                                  physical interaction with individuals, in-




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                                                                       24                                  cluding mental health services and sub-




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                                                                         1                                 stance use disorder prevention, treatment,
                                                                         2                                 and recovery services.
                                                                         3                                         (ix) Nursing care and residential care
                                                                         4                                 work physically provided in a facility.
                                                                         5                                         (x) Family care, including child care
                                                                         6                                 services, in-home child care services such
                                                                         7                                 as nanny services, and care services pro-
                                                                         8                                 vided by family members to other family
                                                                         9                                 members.
                                                                       10                                          (xi) Social services work, including so-
                                                                       11                                  cial work, case management, social and
                                                                       12                                  human services, child welfare, family serv-
                                                                       13                                  ices, shelter and services for people who
                                                                       14                                  have experienced intimate partner violence
                                                                       15                                  or sexual assault, services for individuals
                                                                       16                                  who are homeless, child services, commu-
                                                                       17                                  nity food and housing services, and other
                                                                       18                                  emergency social services.
                                                                       19                                          (xii) Public health work conducted at
                                                                       20                                  State, local, territorial, and Tribal govern-
                                                                       21                                  ment public health agencies, including epi-
                                                                       22                                  demiological activities, surveillance, contact
                                                                       23                                  tracing, data analysis, statistical research,




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                                                                       24                                  health education, and other disease detec-
                                                                       25                                  tion, prevention, and response methods.


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                                                                         1                                         (xiii) Tribal vital services, as defined
                                                                         2                                 by the Commissioner of the Administration
                                                                         3                                 for Native Americans in consultation with
                                                                         4                                 Tribal governments and after conferring
                                                                         5                                 with urban Indian organizations.
                                                                         6                                         (xiv) Grocery work physically per-
                                                                         7                                 formed at grocery stores, supermarkets,
                                                                         8                                 convenience stores, corner stores, drug
                                                                         9                                 stores, retail facilities specializing in med-
                                                                       10                                  ical goods and supplies, bodegas, and other
                                                                       11                                  locations where individuals purchase non-
                                                                       12                                  prepared food items.
                                                                       13                                          (xv) Restaurant work, including carry-
                                                                       14                                  out, drive-thru, or food delivery work, re-
                                                                       15                                  quiring physical interaction with individ-
                                                                       16                                  uals or food products.
                                                                       17                                          (xvi) Food production work involving
                                                                       18                                  the physical interaction with food products,
                                                                       19                                  including all agricultural work, farming,
                                                                       20                                  fishing, forestry, ranching, processing, can-
                                                                       21                                  ning,        slaughtering,                packaging,           baking,
                                                                       22                                  butchering, and other food production
                                                                       23                                  work, such as any service or activity in-




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                                                                       24                                  cluded within the provisions of section 3(f)
                                                                       25                                  of the Fair Labor Standards Act of 1938


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                                                                         1                                 (29 U.S.C. 203(f)), or section 3121(g) of
                                                                         2                                 the Internal Revenue Code of 1986, and
                                                                         3                                 the handling, planting, drying, packing,
                                                                         4                                 packaging, processing, freezing, or grading
                                                                         5                                 prior to delivery for storage of any agricul-
                                                                         6                                 tural or horticultural commodity in its un-
                                                                         7                                 manufactured state.
                                                                         8                                         (xvii) Transportation work, includ-
                                                                         9                                 ing—
                                                                       10                                                   (I) any services in public trans-
                                                                       11                                          portation,             as       defined           in   section
                                                                       12                                          5302(14) of title 49, United States
                                                                       13                                          Code;
                                                                       14                                                   (II) any private transportation of
                                                                       15                                          people, such as transportation pro-
                                                                       16                                          vided by air, rail, bus, taxicab, per-
                                                                       17                                          sonal car or truck, non-motorized ve-
                                                                       18                                          hicle, or otherwise, including all serv-
                                                                       19                                          ices performed by individuals working
                                                                       20                                          in or on such vehicles, vehicle depots,
                                                                       21                                          or transit facilities;
                                                                       22                                                   (III) any private transportation
                                                                       23                                          of goods in bulk, including transpor-




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                                                                       24                                          tation via heavy or light truck, rail,
                                                                       25                                          air, or otherwise;


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                                                                         1                                                  (IV) any public or private trans-
                                                                         2                                         portation of mail or packages;
                                                                         3                                                  (V) any private transportation of
                                                                         4                                         food or other goods to individuals, in-
                                                                         5                                         cluding in a personal car or truck,
                                                                         6                                         non-motorized vehicle, or otherwise;
                                                                         7                                                  (VI) any services in passenger
                                                                         8                                         rail transportation, including com-
                                                                         9                                         muter rail, intercity passenger rail, or
                                                                       10                                          Amtrak, including services performed
                                                                       11                                          by employees of contractors of such
                                                                       12                                          entities;
                                                                       13                                                   (VII) any services in the trans-
                                                                       14                                          portation of persons, property, or mail
                                                                       15                                          by an aircraft of an air carrier con-
                                                                       16                                          ducting operations under part 121 of
                                                                       17                                          title 14, Code of Federal Regulations
                                                                       18                                          (or successor regulations), or a for-
                                                                       19                                          eign air carrier within, to, or from the
                                                                       20                                          United States, either on board an air-
                                                                       21                                          craft or on the ground at an airport,
                                                                       22                                          including services performed by em-
                                                                       23                                          ployees of contractors of air carriers,




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                                                                       24                                          or foreign air carriers, as described in




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                                                                         1                                         section 4111(3) of the CARES Act
                                                                         2                                         (Public Law 116–136);
                                                                         3                                                  (VIII) any services as an aircraft
                                                                         4                                         mechanic or technician who performs
                                                                         5                                         maintenance, repair, or overhaul work
                                                                         6                                         on an aircraft of an air carrier con-
                                                                         7                                         ducting operations under such part
                                                                         8                                         121 or foreign air carrier within the
                                                                         9                                         United States;
                                                                       10                                                   (IX) services as maritime work-
                                                                       11                                          ers who qualify as seamen under sec-
                                                                       12                                          tion 10101(3) of title 46, United
                                                                       13                                          States Code, and other maritime em-
                                                                       14                                          ployees including—
                                                                       15                                                            (aa) longshoremen, harbor
                                                                       16                                                   workers, and shipbuilders covered
                                                                       17                                                   under             section         2(3)        of   the
                                                                       18                                                   Longshore and Harbor Workers’
                                                                       19                                                   Compensation Act (33 U.S.C.
                                                                       20                                                   902(3)) involved in the transpor-
                                                                       21                                                   tation of merchandise or pas-
                                                                       22                                                   sengers by water; and
                                                                       23                                                            (bb) shipbuilders and ship




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                                                                       24                                                   repairers who are working for an
                                                                       25                                                   employer performing shipbuilding


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                                                                         1                                                  or ship repair work under con-
                                                                         2                                                  tract or subcontract to the De-
                                                                         3                                                  partments of Defense, Energy, or
                                                                         4                                                  Homeland Security for military
                                                                         5                                                  or other national security pur-
                                                                         6                                                  poses; and
                                                                         7                                                  (X) services as maritime trans-
                                                                         8                                         portation workers supporting or ena-
                                                                         9                                         bling transportation functions, includ-
                                                                       10                                          ing such services as—
                                                                       11                                                            (aa) barge workers, tug op-
                                                                       12                                                   erators, and port and facility se-
                                                                       13                                                   curity personnel;
                                                                       14                                                            (bb) marine dispatchers; and
                                                                       15                                                            (cc) workers who repair and
                                                                       16                                                   maintain marine vessels (includ-
                                                                       17                                                   ing the equipment and infra-
                                                                       18                                                   structure that enables operations
                                                                       19                                                   that        encompass                 movement   of
                                                                       20                                                   cargo and passengers).
                                                                       21                                          (xviii) Work physically performed in a
                                                                       22                                  warehouse or other facility in warehousing
                                                                       23                                  (including all services performed by indi-




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                                                                       24                                  viduals picking, sorting, packing, and ship-
                                                                       25                                  ping in warehouses), storage, distribution,


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                                                                         1                                 or call center support facilities, and other
                                                                         2                                 essential operational support functions that
                                                                         3                                 are necessary to accept, store, and process
                                                                         4                                 goods, and that facilitate the goods’ trans-
                                                                         5                                 portation and delivery.
                                                                         6                                         (xix) Cleaning work and building
                                                                         7                                 maintenance work physically performed on
                                                                         8                                 the grounds of a facility, including all cus-
                                                                         9                                 todial or janitorial services, security serv-
                                                                       10                                  ices, and repair and maintenance services.
                                                                       11                                          (xx) Work in the collection, removal,
                                                                       12                                  transport, storage, or disposal of residen-
                                                                       13                                  tial, industrial, or commercial solid waste
                                                                       14                                  and recycling, including services provided
                                                                       15                                  by individuals who drive waste or recycling
                                                                       16                                  trucks, who pick up waste or recycling
                                                                       17                                  from residential or commercial locations,
                                                                       18                                  or who work at waste or recycling centers
                                                                       19                                  or landfills.
                                                                       20                                          (xxi) Work in the gathering, proc-
                                                                       21                                  essing, disseminating, and delivery of news
                                                                       22                                  and information that serves the public in-
                                                                       23                                  terest to the public through mass media,




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                                                                       24                                  including television, radio, and newspapers.




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                                                                         1                                         (xxii) Any work performed by an em-
                                                                         2                                 ployee of a State, locality, or Tribal gov-
                                                                         3                                 ernment, that is determined to be essential
                                                                         4                                 work by the highest authority of such
                                                                         5                                 State, locality, or Tribal government.
                                                                         6                                         (xxiii) Educational work, school nutri-
                                                                         7                                 tion work, and other work required to op-
                                                                         8                                 erate a school facility, including early
                                                                         9                                 childhood programs, preschool programs,
                                                                       10                                  elementary and secondary education, and
                                                                       11                                  higher education.
                                                                       12                                          (xxiv) Laundry work, including work
                                                                       13                                  in laundromats, laundry service companies,
                                                                       14                                  and dry cleaners.
                                                                       15                                          (xxv) Elections work physically per-
                                                                       16                                  formed at polling places or otherwise
                                                                       17                                  amongst the public, including public-sector
                                                                       18                                  elections personnel and private-sector elec-
                                                                       19                                  tions personnel.
                                                                       20                                          (xxvi) Hazardous materials manage-
                                                                       21                                  ment, response, and cleanup work associ-
                                                                       22                                  ated with any other essential work covered
                                                                       23                                  under this paragraph, including health




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                                                                       24                                  care waste (including medical, pharma-
                                                                       25                                  ceuticals, and medical material produc-


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                                                                         1                                 tion), and testing operations (including
                                                                         2                                 laboratories processing test kits).
                                                                         3                                         (xxvii) Disinfection work for all facili-
                                                                         4                                 ties and modes of transportation involved
                                                                         5                                 in other essential work covered under this
                                                                         6                                 paragraph.
                                                                         7                                         (xxviii) Work in critical clinical re-
                                                                         8                                 search, development, and testing necessary
                                                                         9                                 for COVID–19 response that involves
                                                                       10                                  physical interaction with hazardous mate-
                                                                       11                                  rials, such as samples of COVID–19.
                                                                       12                                          (xxix) Work in mortuary, funeral, cre-
                                                                       13                                  mation, burial, cemetery, and related serv-
                                                                       14                                  ices.
                                                                       15                                          (xxx) Work requiring physical inter-
                                                                       16                                  actions with patients in physical therapy,
                                                                       17                                  occupational therapy, speech-language pa-
                                                                       18                                  thology, and respiratory therapy and other
                                                                       19                                  therapy services.
                                                                       20                                          (xxxi) Dental care work requiring
                                                                       21                                  physical interaction with patients.
                                                                       22                                          (xxxii) Work performed by employees
                                                                       23                                  of the U.S. Postal Service.




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                                                                         1                                         (xxxiii) Work at hotel and commercial
                                                                         2                                 lodging facilities that are used for COVID–
                                                                         3                                 19 mitigation and containment measures.
                                                                         4                                         (xxxiv) Work installing or repairing a
                                                                         5                                 telecommunications line or equipment.
                                                                         6                        (6) ESSENTIAL WORKER.—The term ‘‘essential
                                                                         7               worker’’ means an individual, whose work and duties
                                                                         8               include essential work, and who is—
                                                                         9                                 (A) an employee of an employer; or
                                                                       10                                  (B) an individual performing any services
                                                                       11                         or labor for remuneration for an employer, re-
                                                                       12                         gardless of whether the individual is classified
                                                                       13                         as an independent contractor by the employer.
                                                                       14                         (7) ESSENTIAL WORK EMPLOYER.—The term
                                                                       15                ‘‘essential work employer’’ means an employer who
                                                                       16                employs, or provides remuneration for services or
                                                                       17                labor to, an essential worker.
                                                                       18                         (8) FLSA TERMS.—The terms ‘‘employ’’, ‘‘per-
                                                                       19                son’’, ‘‘regular rate’’, and ‘‘State’’ have the mean-
                                                                       20                ings given the terms in section 3 of the Fair Labor
                                                                       21                Standards Act of 1938 (29 U.S.C. 203).
                                                                       22                         (9) HIGHLY-COMPENSATED ESSENTIAL WORK-
                                                                       23                ER.—The term ‘‘highly-compensated essential work-




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                                                                       24                er’’ means an essential worker who is paid the equiv-




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                                                                         1               alent of $200,000 or more per year by an essential
                                                                         2               work employer.
                                                                         3                        (10) LARGE ESSENTIAL WORK EMPLOYER.—
                                                                         4               The term ‘‘large essential work employer’’ means an
                                                                         5               essential work employer who has more than 500 in-
                                                                         6               dividuals who are employed by the employer or are
                                                                         7               otherwise providing services or labor for remunera-
                                                                         8               tion for the employer.
                                                                         9                        (11)        SELF-DIRECTED                      CARE         WORKER.—The

                                                                       10                term ‘‘self-directed care worker’’ means an indi-
                                                                       11                vidual employed to provide care (which may include
                                                                       12                items and services) to an individual client—
                                                                       13                                  (A) under a self-directed service delivery
                                                                       14                         model through a program established or admin-
                                                                       15                         istered by a State, locality, Tribal government,
                                                                       16                         or the Federal Government; or
                                                                       17                                  (B) on the individual client’s own accord
                                                                       18                         and using the individual client’s own finances.
                                                                       19                         (12) TRIBAL                EMPLOYER.—The                        term ‘‘Tribal
                                                                       20                employer’’ means—
                                                                       21                                  (A) any Tribal government, a subdivision
                                                                       22                         of a Tribal government (determined in accord-
                                                                       23                         ance with section 7871(d) of the Internal Rev-




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                                                                       24                         enue Code), or an agency or instrumentality of
                                                                       25                         a Tribal government or subdivision thereof;


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                                                                         1                                 (B) any Tribal organization (as the term
                                                                         2                        ‘‘tribal organization’’ is defined in section 4(l)
                                                                         3                        of the Indian Self-Determination and Education
                                                                         4                        Assistance Act (25 U.S.C. 5304(l)));
                                                                         5                                 (C) any corporation if more than 50 per-
                                                                         6                        cent (determined by vote and value) of the out-
                                                                         7                        standing stock of such corporation is owned, di-
                                                                         8                        rectly or indirectly, by any entity described in
                                                                         9                        subparagraph (A) or (B); or
                                                                       10                                  (D) any partnership if more than 50 per-
                                                                       11                         cent of the value of the capital and profits in-
                                                                       12                         terests of such partnership is owned, directly or
                                                                       13                         indirectly, by any entity described in subpara-
                                                                       14                         graph (A) or (B).
                                                                       15                         (13) TRIBAL GOVERNMENT.—The term ‘‘Tribal
                                                                       16                government’’ means the recognized governing body
                                                                       17                of any Indian or Alaska Native tribe, band, nation,
                                                                       18                pueblo, village, community, component band, or com-
                                                                       19                ponent reservation individually identified (including
                                                                       20                parenthetically) in the list published most recently as
                                                                       21                of the date of enactment of this Act pursuant to sec-
                                                                       22                tion 104 of the Federally Recognized Indian Tribe
                                                                       23                List Act of 1994 (25 U.S.C. 5131).




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                                                                         1                        (14) WORK.—The term ‘‘work’’ means employ-
                                                                         2               ment by, or engagement in providing labor or serv-
                                                                         3               ices for, an employer.
                                                                         4     SEC. 102. PANDEMIC PREMIUM PAY FOR ESSENTIAL WORK-

                                                                         5                             ERS.

                                                                         6               (a) IN GENERAL.—Beginning 3 days after an essen-
                                                                         7 tial work employer receives a grant under section 104
                                                                         8 from the Secretary of the Treasury, the essential work em-
                                                                         9 ployer shall—
                                                                       10                         (1) be required to comply with subsections (b)
                                                                       11                through (h); and
                                                                       12                         (2) be subject to the enforcement requirements
                                                                       13                of section 105.
                                                                       14                (b) PANDEMIC PREMIUM PAY.—
                                                                       15                         (1) IN GENERAL.—An essential work employer
                                                                       16                receiving a grant under section 104 shall, in accord-
                                                                       17                ance with this subsection, provide each essential
                                                                       18                worker of the essential work employer with premium
                                                                       19                pay at a rate equal to $13 for each hour of work
                                                                       20                performed by the essential worker for the employer
                                                                       21                from January 27, 2020, until the date that is 60
                                                                       22                days after the last day of the COVID–19 Public
                                                                       23                Health Emergency.




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                                                                       24                         (2) MAXIMUM AMOUNTS.—The total amount of
                                                                       25                all premium pay under this subsection that an essen-


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                                                                         1               tial work employer is required to provide to an es-
                                                                         2               sential worker, including through any retroactive
                                                                         3               payment under paragraph (3), shall not exceed—
                                                                         4                                 (A) for an essential worker who is not a
                                                                         5                        highly-compensated essential worker, $10,000
                                                                         6                        reduced by employer payroll taxes with respect
                                                                         7                        to such premium pay; or
                                                                         8                                 (B) for a highly-compensated essential
                                                                         9                        worker, $5,000 reduced by employer payroll
                                                                       10                         taxes with respect to such premium pay.
                                                                       11                         (3) RETROACTIVE                       PAYMENT.—For                      all work
                                                                       12                performed by an essential worker during the period
                                                                       13                from January 27, 2020, through the date on which
                                                                       14                the essential work employer of the worker receives a
                                                                       15                grant under this title, the essential work employer
                                                                       16                shall use a portion of the amount of such grant to
                                                                       17                provide such worker with premium pay under this
                                                                       18                subsection for such work at the rate provided under
                                                                       19                paragraph (1). Such amount shall be provided to the
                                                                       20                essential worker as a lump sum in the next paycheck
                                                                       21                (or other payment form) that immediately follows
                                                                       22                the receipt of the grant by the essential work em-
                                                                       23                ployer. In any case where it is impossible for the em-




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                                                                       24                ployer to arrange for payment of the amount due in
                                                                       25                such paycheck (or other payment form), such


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                                                                         1               amounts shall be paid as soon as practicable, but in
                                                                         2               no event later than the second paycheck (or other
                                                                         3               payment form) following the receipt of the grant by
                                                                         4               the essential work employer.
                                                                         5                        (4) NO EMPLOYER DISCRETION.—An essential
                                                                         6               work employer receiving a grant under section 104
                                                                         7               shall not have any discretion to determine which
                                                                         8               portions of work performed by an essential worker
                                                                         9               qualify for premium pay under this subsection, but
                                                                       10                shall pay such premium pay for any increment of
                                                                       11                time worked by the essential worker for the essential
                                                                       12                work employer up to the maximum amount applica-
                                                                       13                ble to the essential worker under paragraph (2).
                                                                       14                (c) PROHIBITION ON REDUCING COMPENSATION AND
                                                                       15 DISPLACEMENT.—
                                                                       16                         (1) IN GENERAL.—Any payments made to an
                                                                       17                essential worker as premium pay under subsection
                                                                       18                (b) shall be in addition to all other compensation, in-
                                                                       19                cluding all wages, remuneration, or other pay and
                                                                       20                benefits, that the essential worker otherwise receives
                                                                       21                from the essential work employer.
                                                                       22                         (2) REDUCTION OF COMPENSATION.—An essen-
                                                                       23                tial work employer receiving a grant under section




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                                                                       24                104 shall not, during the period beginning on the
                                                                       25                date of enactment of this Act and ending on the


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                                                                         1               date that is 60 days after the last day of the
                                                                         2               COVID–19 Public Health Emergency, reduce or in
                                                                         3               any other way diminish, any other compensation, in-
                                                                         4               cluding the wages, remuneration, or other pay or
                                                                         5               benefits, that the essential work employer provided
                                                                         6               to the essential worker on the day before the date
                                                                         7               of enactment of this Act.
                                                                         8                        (3) DISPLACEMENT.—An essential work em-
                                                                         9               ployer shall not take any action to displace an essen-
                                                                       10                tial worker (including partial displacement such as a
                                                                       11                reduction in hours, wages, or employment benefits)
                                                                       12                for purposes of hiring an individual for an equivalent
                                                                       13                position at a rate of compensation that is less than
                                                                       14                is required to be provided to an essential worker
                                                                       15                under paragraph (2).
                                                                       16                (d) DEMARCATION FROM OTHER COMPENSATION.—
                                                                       17 The amount of any premium pay paid under subsection
                                                                       18 (b) shall be clearly demarcated as a separate line item in
                                                                       19 each paystub or other document provided to an essential
                                                                       20 worker that details the remuneration the essential worker
                                                                       21 received from the essential work employer for a particular
                                                                       22 period of time. If any essential worker does not otherwise
                                                                       23 regularly receive any such paystub or other document from




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                                                                       24 the employer, the essential work employer shall provide
                                                                       25 such paystub or other document to the essential worker


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                                                                         1 for the duration of the period in which the essential work
                                                                         2 employer provides premium pay under subsection (b).
                                                                         3               (e) EXCLUSION FROM WAGE-BASED CALCULA-
                                                                         4     TIONS.—Any premium pay under subsection (b) paid to

                                                                         5 an essential worker under this section by an essential work
                                                                         6 employer receiving a grant under section 104 shall be ex-
                                                                         7 cluded from the amount of remuneration for work paid
                                                                         8 to the essential worker for purposes of—
                                                                         9                        (1) calculating the essential worker’s eligibility
                                                                       10                for any wage-based benefits offered by the essential
                                                                       11                work employer;
                                                                       12                         (2) computing the regular rate at which such
                                                                       13                essential worker is employed under section 7 of the
                                                                       14                Fair Labor Standards Act of 1938 (29 U.S.C. 207);
                                                                       15                and
                                                                       16                         (3) determining whether such essential worker
                                                                       17                is exempt from application of such section 7 under
                                                                       18                section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)).
                                                                       19                (f) ESSENTIAL WORKER DEATH.—
                                                                       20                         (1) IN GENERAL.—In any case in which an es-
                                                                       21                sential worker of an essential work employer receiv-
                                                                       22                ing a grant under section 104 exhibits symptoms of
                                                                       23                COVID–19 and dies, the essential work employer




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                                                                       24                shall pay as a lump sum to the next of kin of the




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                                                                         1               essential worker for premium pay under subsection
                                                                         2               (b)—
                                                                         3                                 (A) for an essential worker who is not a
                                                                         4                        highly-compensated                          essential           worker,    the
                                                                         5                        amount determined under subsection (b)(2)(A)
                                                                         6                        minus the total amount of any premium pay the
                                                                         7                        worker received under subsection (b) prior to
                                                                         8                        the death; or
                                                                         9                                 (B) for a highly-compensated essential
                                                                       10                         worker, the amount determined under sub-
                                                                       11                         section (b)(2)(B) minus the amount of any pre-
                                                                       12                         mium pay the worker received under subsection
                                                                       13                         (b) prior to the death.
                                                                       14                         (2) TREATMENT OF LUMP SUM PAYMENTS.—
                                                                       15                                  (A) TREATMENT AS PREMIUM PAY.—For
                                                                       16                         purposes of this title, any payment made under
                                                                       17                         this subsection shall be treated as a premium
                                                                       18                         pay under subsection (b).
                                                                       19                                  (B) TREATMENT FOR PURPOSES OF IN-
                                                                       20                         TERNAL REVENUE CODE OF 1986.—For                                          pur-
                                                                       21                         poses of the Internal Revenue Code of 1986,
                                                                       22                         any payment made under this subsection shall
                                                                       23                         be treated as a payment for work performed by




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                                                                       24                         the essential worker.




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                                                                         1               (g) APPLICATION TO SELF-DIRECTED CARE WORK-
                                                                         2     ERS FUNDED THROUGH MEDICAID OR THE VETERAN-DI-

                                                                         3     RECTED CARE PROGRAM.—

                                                                         4                        (1) MEDICAID.—In the case of an essential
                                                                         5               work employer receiving a grant under section 104
                                                                         6               that is a covered employer described in section
                                                                         7               101(3)(C)(i)(V) who, under a State Medicaid plan
                                                                         8               under title XIX of the Social Security Act (42
                                                                         9               U.S.C. 1396 et seq.) or under a waiver of such plan,
                                                                       10                has opted to receive items or services using a self-
                                                                       11                directed service delivery model, the preceding re-
                                                                       12                quirements of this section, including the require-
                                                                       13                ments to provide premium pay under subsection (b)
                                                                       14                (including a lump sum payment in the event of an
                                                                       15                essential worker death under subsection (f)) and the
                                                                       16                requirements of sections 104 and 105, shall apply to
                                                                       17                the State Medicaid agency responsible for the ad-
                                                                       18                ministration of such plan or waiver with respect to
                                                                       19                self-directed care workers employed by that em-
                                                                       20                ployer. In administering payments made under this
                                                                       21                title to such self-directed care workers on behalf of
                                                                       22                such employers, a State Medicaid agency shall—
                                                                       23                                  (A) exclude and disregard any payments




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                                                                       24                         made under this title to such self-directed work-
                                                                       25                         ers from the individualized budget that applies


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                                                                         1                        to the items or services furnished to the indi-
                                                                         2                        vidual client employer under the State Medicaid
                                                                         3                        plan or waiver;
                                                                         4                                 (B) to the extent practicable, administer
                                                                         5                        and provide payments under this title directly
                                                                         6                        to such self-directed workers through arrange-
                                                                         7                        ments with entities that provide financial man-
                                                                         8                        agement services in connection with the self-di-
                                                                         9                        rected service delivery models used under the
                                                                       10                         State Medicaid plan or waiver; and
                                                                       11                                  (C) ensure that individual client employers
                                                                       12                         of such self-directed workers are provided notice
                                                                       13                         of, and comply with, the prohibition under sec-
                                                                       14                         tion 105(b)(1)(B).
                                                                       15                         (2) VETERAN-DIRECTED CARE PROGRAM.—In
                                                                       16                the case of an essential work employer that is a cov-
                                                                       17                ered employer described in section 101(3)(C)(i)(V)
                                                                       18                who is a veteran participating in the Veteran Di-
                                                                       19                rected Care program administered by the VA Office
                                                                       20                of Geriatrics & Extended Care of the Veterans
                                                                       21                Health Administration, the preceding requirements
                                                                       22                of this section and sections 104 and 105, shall apply
                                                                       23                to such VA Office of Geriatrics & Extended Care




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                                                                       24                with respect to self-directed care workers employed
                                                                       25                by that employer. Paragraph (1) of this subsection


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                                                                         1               shall apply to the administration by the VA Office
                                                                         2               of Geriatrics & Extended Care of payments made
                                                                         3               under this title to such self-directed care workers on
                                                                         4               behalf of such employers in the same manner as
                                                                         5               such requirements apply to State Medicaid agencies.
                                                                         6                        (3) PENALTY ENFORCEMENT.—The Secretary
                                                                         7               of Labor shall consult with the Secretary of Health
                                                                         8               and Human Services and the Secretary of Veterans
                                                                         9               Affairs regarding the enforcement of penalties im-
                                                                       10                posed under section 105(b)(2) with respect to viola-
                                                                       11                tions of subparagraph (A) or (B) of section
                                                                       12                105(b)(1) that involve self-directed workers for
                                                                       13                which the requirements of this section and sections
                                                                       14                104 and 105 are applied to a State Medicaid agency
                                                                       15                under paragraph (1) or the VA Office of Geriatrics
                                                                       16                & Extended Care under paragraph (2).
                                                                       17                (h) INTERACTION WITH STAFFORD ACT.—Nothing
                                                                       18 in this section shall nullify, supersede, or otherwise change
                                                                       19 a State’s ability to seek reimbursement under section 403
                                                                       20 of the Robert T. Stafford Disaster Relief and Emergency
                                                                       21 Assistance Act (42 U.S.C. 5170b) for the costs of pre-
                                                                       22 mium pay based on pre-disaster labor policies for eligible
                                                                       23 employees.




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                                                                       24                (i) CALCULATION OF PAID LEAVE UNDER FFCRA
                                                                       25      AND FMLA.—



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                                                                         1                        (1) FAMILIES FIRST CORONAVIRUS RESPONSE
                                                                         2               ACT.—Section                  5110(5)(B) of the Families First
                                                                         3               Coronavirus Response Act (29 U.S.C. 2601 note) is
                                                                         4               amended by adding at the end the following:
                                                                         5                                         ‘‘(iii) PANDEMIC                      PREMIUM           PAY.—

                                                                         6                                 Compensation received by an employee
                                                                         7                                 under section 102(b) of the Hazard Pay
                                                                         8                                 for Essential Workers Act of 2020 shall be
                                                                         9                                 included as remuneration for employment
                                                                       10                                  paid to the employee for purposes of com-
                                                                       11                                  puting the regular rate at which such em-
                                                                       12                                  ployee is employed.’’.
                                                                       13                         (2) FAMILY                AND        MEDICAL              LEAVE         ACT   OF

                                                                       14                1993.—Section 110(b)(2)(B) of the Family and Med-

                                                                       15                ical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is
                                                                       16                amended by adding at the end the following:
                                                                       17                                          ‘‘(iii) PANDEMIC                      PREMIUM           PAY.—

                                                                       18                                  Compensation received by an employee
                                                                       19                                  under section 102(b) of the Hazard Pay
                                                                       20                                  for Essential Workers Act of 2020 shall be
                                                                       21                                  included as remuneration for employment
                                                                       22                                  paid to the employee for purposes of com-
                                                                       23                                  puting the regular rate at which such em-




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                                                                       24                                  ployee is employed.’’.




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                                                                         1     SEC. 103. COVID–19 HAZARD FUND.

                                                                         2               (a) ESTABLISHMENT.—There is established in the
                                                                         3 Treasury of the United States a fund to be known as the
                                                                         4 ‘‘COVID–19 Hazard Fund’’ (referred to in this section as
                                                                         5 the ‘‘Fund’’), consisting of amounts appropriated to the
                                                                         6 fund under section 107.
                                                                         7               (b) FUND ADMINISTRATION.—The Fund shall be ad-
                                                                         8 ministered by the Secretary of the Treasury.
                                                                         9               (c) USE OF FUNDS.—Amounts in the Fund shall be
                                                                       10 available to the Secretary of the Treasury for carrying out
                                                                       11 section 104.
                                                                       12      SEC. 104. COVID–19 HAZARD FUND GRANTS.

                                                                       13                (a) GRANTS.—
                                                                       14                         (1) FOR PANDEMIC PREMIUM PAY.—The Sec-
                                                                       15                retary of the Treasury shall, subject to the avail-
                                                                       16                ability of amounts provided in this title, award a
                                                                       17                grant to each essential work employer that applies
                                                                       18                for a grant, in accordance with this section, for the
                                                                       19                purpose of providing premium pay to essential work-
                                                                       20                ers under section 102(b), including amounts paid
                                                                       21                under section 102(f).
                                                                       22                         (2) ELIGIBILITY.—
                                                                       23                                  (A) ELIGIBLE EMPLOYERS GENERALLY.—
                                                                       24                         Any essential work employer shall be eligible for




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                                                                       25                         a grant under paragraph (1).


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                                                                         1                                 (B) SELF-DIRECTED CARE WORKERS.—A
                                                                         2                        self-directed care worker employed by an essen-
                                                                         3                        tial work employer other than an essential work
                                                                         4                        employer described in section 102(g), shall be
                                                                         5                        eligible to apply for a grant under paragraph
                                                                         6                        (1) in the same manner as an essential work
                                                                         7                        employer. Such a worker shall provide premium
                                                                         8                        pay to himself or herself in accordance with this
                                                                         9                        section, including the recordkeeping and refund
                                                                       10                         requirements of this section.
                                                                       11                (b) AMOUNT OF GRANTS.—
                                                                       12                         (1) IN GENERAL.—The maximum amount avail-
                                                                       13                able for making a grant under subsection (a)(1) to
                                                                       14                an essential work employer shall be equal to the sum
                                                                       15                of—
                                                                       16                                  (A) the amount obtained by multiplying
                                                                       17                         $10,000 by the number of essential workers the
                                                                       18                         employer certifies, in the application submitted
                                                                       19                         under subsection (c)(1), as employing, or pro-
                                                                       20                         viding remuneration to for services or labor,
                                                                       21                         who are paid wages or remuneration by the em-
                                                                       22                         ployer at a rate that is less than the equivalent
                                                                       23                         of $200,000 per year; and




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                                                                       24                                  (B) the amount obtained by multiplying
                                                                       25                         $5,000 by the number of highly-compensated


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                                                                         1                        essential workers the employer certifies, in the
                                                                         2                        application submitted under subsection (c)(1),
                                                                         3                        as employing, or providing remuneration to for
                                                                         4                        services or labor, who are paid wages or remu-
                                                                         5                        neration by the employer at a rate that is equal
                                                                         6                        to or greater than the equivalent of $200,000
                                                                         7                        per year.
                                                                         8                        (2) NO PARTIAL GRANTS.—The Secretary of
                                                                         9               the Treasury shall not award a grant under this sec-
                                                                       10                tion in an amount less than the maximum described
                                                                       11                in paragraph (1).
                                                                       12                (c) GRANT APPLICATION AND DISBURSAL.—
                                                                       13                         (1) APPLICATION.—Any essential work em-
                                                                       14                ployer seeking a grant under subsection (a)(1) shall
                                                                       15                submit an application to the Secretary of the Treas-
                                                                       16                ury at such time, in such manner, and complete with
                                                                       17                such information as the Secretary may require.
                                                                       18                         (2) NOTICE AND CERTIFICATION.—
                                                                       19                                  (A) IN GENERAL.—The Secretary of the
                                                                       20                         Treasury shall, within 15 days after receiving a
                                                                       21                         complete application from an essential work em-
                                                                       22                         ployer eligible for a grant under this section—
                                                                       23                                          (i) notify the employer of the Sec-




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                                                                       24                                  retary’s findings with respect to the re-
                                                                       25                                  quirements for the grant; and


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                                                                         1                                         (ii)(I) if the Secretary finds that the
                                                                         2                                 essential work employer meets the require-
                                                                         3                                 ments under this section for a grant under
                                                                         4                                 subsection (a), provide a certification to
                                                                         5                                 the employer—
                                                                         6                                                  (aa) that the employer has met
                                                                         7                                         such requirements; or
                                                                         8                                                  (bb) of the amount of the grant
                                                                         9                                         payment that the Secretary has deter-
                                                                       10                                          mined the employer shall receive
                                                                       11                                          based on the requirements under this
                                                                       12                                          section; or
                                                                       13                                          (II) if the Secretary finds that the es-
                                                                       14                                  sential work employer does not meet the
                                                                       15                                  requirements under this section for a grant
                                                                       16                                  under subsection (a), provide a notice of
                                                                       17                                  denial stating the reasons for the denial
                                                                       18                                  and provide an opportunity for administra-
                                                                       19                                  tive review by not later than 10 days after
                                                                       20                                  the denial.
                                                                       21                                  (B) TRANSFER.—Not later than 7 days
                                                                       22                         after making a certification under subpara-
                                                                       23                         graph (A)(ii) with respect to an essential work




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                                                                       24                         employer, the Secretary of the Treasury shall




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                                                                         1                        make the appropriate transfer to the employer
                                                                         2                        of the amount of the grant.
                                                                         3               (d) USE OF FUNDS.—
                                                                         4                        (1) IN GENERAL.—An essential work employer
                                                                         5               receiving a grant under this section shall use the
                                                                         6               amount of the grant solely for the following pur-
                                                                         7               poses:
                                                                         8                                 (A) Providing premium pay under section
                                                                         9                        102(b) to essential workers in accordance with
                                                                       10                         the requirements for such payments under such
                                                                       11                         section, including providing payments described
                                                                       12                         in section 102(f) to the next of kin of essential
                                                                       13                         workers in accordance with the requirements
                                                                       14                         for such payments under such section.
                                                                       15                                  (B) Paying employer payroll taxes with re-
                                                                       16                         spect to premium pay amounts described in
                                                                       17                         subparagraph (A), including such payments de-
                                                                       18                         scribed in section 102(f).
                                                                       19                Each dollar of a grant received by an essential work
                                                                       20                employer under this title shall be used as provided
                                                                       21                in subparagraph (A) or (B) or returned to the Sec-
                                                                       22                retary of the Treasury.
                                                                       23                         (2) NO OTHER USES AUTHORIZED.—An essen-




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                                                                       24                tial work employer who uses any amount of a grant




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                                                                         1               for a purpose not required under paragraph (1) shall
                                                                         2               be—
                                                                         3                                 (A) considered to have misused funds in
                                                                         4                        violation of section 102; and
                                                                         5                                 (B) subject to the enforcement and rem-
                                                                         6                        edies provided under section 105.
                                                                         7                        (3) REFUND.—
                                                                         8                                 (A) IN GENERAL.—If an essential work
                                                                         9                        employer receives a grant under this section
                                                                       10                         and, for any reason, does not provide every dol-
                                                                       11                         lar of such grant to essential workers in accord-
                                                                       12                         ance with the requirements of this title, then
                                                                       13                         the employer shall refund any such dollars to
                                                                       14                         the Secretary of the Treasury not later than
                                                                       15                         June 30, 2021. Any amounts returned to the
                                                                       16                         Secretary shall be deposited into the Fund and
                                                                       17                         be available for any additional grants under this
                                                                       18                         section.
                                                                       19                                  (B) REQUIREMENT                         FOR NOT REDUCING

                                                                       20                         COMPENSATION.—An                            essential work employer
                                                                       21                         who is required to refund any amount under
                                                                       22                         this paragraph shall not reduce or otherwise di-
                                                                       23                         minish an eligible worker’s compensation or




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                                                                       24                         benefits in response to or otherwise due to such
                                                                       25                         refund.


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                                                                         1               (e) RECORDKEEPING.—An essential work employer
                                                                         2 that receives a grant under this section shall—
                                                                         3                        (1) maintain records, including payroll records,
                                                                         4               demonstrating how each dollar of funds received
                                                                         5               through the grant were provided to essential work-
                                                                         6               ers; and
                                                                         7                        (2) provide such records to the Secretary of the
                                                                         8               Treasury or the Secretary of Labor upon the request
                                                                         9               of either such Secretary.
                                                                       10                (f) RECOUPMENT.—In addition to all other enforce-
                                                                       11 ment and remedies available under this title or any other
                                                                       12 law, the Secretary of the Treasury shall establish a process
                                                                       13 under which the Secretary shall recoup the amount of any
                                                                       14 grant awarded under subsection (a)(1) if the Secretary de-
                                                                       15 termines that the essential work employer receiving the
                                                                       16 grant—
                                                                       17                         (1) did not provide all of the dollars of such
                                                                       18                grant to the essential workers of the employer;
                                                                       19                         (2) did not, in fact, have the number of essen-
                                                                       20                tial workers certified by the employer in accordance
                                                                       21                with subparagraphs (A) and (B) of subsection
                                                                       22                (b)(1);
                                                                       23                         (3) did not pay the essential workers for the




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                                                                       24                number of hours the employer claimed to have paid;
                                                                       25                or


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                                                                         1                        (4) otherwise misused funds or violated this
                                                                         2               title.
                                                                         3               (g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF
                                                                         4 TRIBAL EMPLOYERS.—Essential workers of Tribal em-
                                                                         5 ployers who receive funds under title II shall not be eligi-
                                                                         6 ble to receive funds from grants under this section.
                                                                         7               (h) TAX TREATMENT.—
                                                                         8                        (1) EXCLUSION FROM INCOME.—For purposes
                                                                         9               of the Internal Revenue Code of 1986, any grant re-
                                                                       10                ceived by an essential work employer under this sec-
                                                                       11                tion shall not be included in the gross income of
                                                                       12                such essential work employer.
                                                                       13                         (2) DENIAL OF DOUBLE BENEFIT.—
                                                                       14                                  (A) IN GENERAL.—In the case of an essen-
                                                                       15                         tial work employer that receives a grant under
                                                                       16                         this section—
                                                                       17                                          (i) amounts paid under subsection (b)
                                                                       18                                  or (f) of section 102 shall not be taken
                                                                       19                                  into account as wages for purposes of sec-
                                                                       20                                  tions 41, 45A, 51, or 1396 of the Internal
                                                                       21                                  Revenue Code of 1986 or section 2301 of
                                                                       22                                  the CARES Act (Public Law 116–136);
                                                                       23                                  and




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                                                                       24                                          (ii) any deduction otherwise allowable
                                                                       25                                  under such Code for applicable payments


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                                                                         1                                 during any taxable year shall be reduced
                                                                         2                                 (but not below zero) by the excess (if any)
                                                                         3                                 of—
                                                                         4                                                  (I) the aggregate amounts of
                                                                         5                                         grants received under this section;
                                                                         6                                         over
                                                                         7                                                  (II) the sum of any amount re-
                                                                         8                                         funded under subsection (d) plus the
                                                                         9                                         aggregate amount of applicable pay-
                                                                       10                                          ments made for all preceding taxable
                                                                       11                                          years.
                                                                       12                                  (B) APPLICABLE                       PAYMENTS.—For               pur-
                                                                       13                         poses of this paragraph, the term ‘‘applicable
                                                                       14                         payments’’ means amounts paid as premium
                                                                       15                         pay under subsection (b) or (f) of section 102
                                                                       16                         and amounts paid for employer payroll taxes
                                                                       17                         with respect to such amounts.
                                                                       18                                  (C) AGGREGATION                       RULE.—Rules              similar
                                                                       19                         to the rules of subsections (a) and (b) of section
                                                                       20                         52 of the Internal Revenue Code of 1986 shall
                                                                       21                         apply for purposes of this section.
                                                                       22                         (3) INFORMATION REPORTING.—The Secretary
                                                                       23                of the Treasury shall submit to the Commissioner of




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                                                                       24                Internal Revenue statements containing—




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                                                                         1                                 (A) the name and tax identification num-
                                                                         2                        ber of each essential work employer receiving a
                                                                         3                        grant under this section;
                                                                         4                                 (B) the amount of such grant; and
                                                                         5                                 (C) any amounts refunded under section
                                                                         6                        (d)(3).
                                                                         7               (i) REPORTS.—
                                                                         8                        (1) IN GENERAL.—Not later than 30 days after
                                                                         9               obligating the last dollar of the funds appropriated
                                                                       10                under this title, the Secretary of the Treasury shall
                                                                       11                submit a report, to the Committees of Congress de-
                                                                       12                scribed in paragraph (2), that—
                                                                       13                                  (A) certifies that all funds appropriated
                                                                       14                         under this title have been obligated; and
                                                                       15                                  (B) indicates the number of pending appli-
                                                                       16                         cations for grants under this section that will
                                                                       17                         be rejected due to the lack of funds.
                                                                       18                         (2) COMMITTEES OF CONGRESS.—The Commit-
                                                                       19                tees of Congress described in this paragraph are—
                                                                       20                                  (A) the Committee on Ways and Means of
                                                                       21                         the House of Representatives;
                                                                       22                                  (B) the Committee on Education and
                                                                       23                         Labor of the House of Representatives;




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                                                                       24                                  (C) the Committee on Finance of the Sen-
                                                                       25                         ate; and


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                                                                         1                                 (D) the Committee on Health, Education,
                                                                         2                        Labor, and Pensions of the Senate.
                                                                         3     SEC. 105. ENFORCEMENT AND OUTREACH.

                                                                         4               (a) DUTIES OF SECRETARY OF LABOR.—The Sec-
                                                                         5 retary of Labor shall—
                                                                         6                        (1) have authority to enforce the requirements
                                                                         7               of section 102, in accordance with subsections (b)
                                                                         8               through (e);
                                                                         9                        (2) conduct outreach as described in subsection
                                                                       10                (f); and
                                                                       11                         (3) coordinate with the Secretary of the Treas-
                                                                       12                ury as needed to carry out the Secretary of Labor’s
                                                                       13                responsibilities under this section.
                                                                       14                (b) PROHIBITED ACTS, PENALTIES, AND ENFORCE-
                                                                       15      MENT.—

                                                                       16                         (1) PROHIBITED ACTS.—It shall be unlawful for
                                                                       17                a person to—
                                                                       18                                  (A) violate any provision of section 102 ap-
                                                                       19                         plicable to such person; or
                                                                       20                                  (B) discharge or in any other manner dis-
                                                                       21                         criminate against any essential worker because
                                                                       22                         such essential worker has filed any complaint or
                                                                       23                         instituted or caused to be instituted any pro-




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                                                                       24                         ceeding under or related to this title, or has tes-




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                                                                         1                        tified or is about to testify in any such pro-
                                                                         2                        ceeding.
                                                                         3                        (2) ENFORCEMENT AND PENALTIES.—
                                                                         4                                 (A) PREMIUM PAY VIOLATIONS.—A viola-
                                                                         5                        tion described in paragraph (1)(A) shall be
                                                                         6                        deemed a violation of section 7 of the Fair
                                                                         7                        Labor Standards Act of 1938 (29 U.S.C. 207)
                                                                         8                        and unpaid amounts required under this section
                                                                         9                        shall be treated as unpaid overtime compensa-
                                                                       10                         tion under such section 7 for the purposes of
                                                                       11                         sections 15 and 16 of such Act (29 U.S.C. 215
                                                                       12                         and 216).
                                                                       13                                  (B) DISCHARGE OR DISCRIMINATION.—A
                                                                       14                         violation of paragraph (1)(B) shall be deemed a
                                                                       15                         violation of section 15(a)(3) of the Fair Labor
                                                                       16                         Standards Act of 1938 (29 U.S.C. 215(a)(3)).
                                                                       17                (c) INVESTIGATION.—
                                                                       18                         (1) IN GENERAL.—To ensure compliance with
                                                                       19                the provisions of section 102, including any regula-
                                                                       20                tion or order issued under that section, the Sec-
                                                                       21                retary of Labor shall have the investigative authority
                                                                       22                provided under section 11(a) of the Fair Labor
                                                                       23                Standards Act of 1938 (29 U.S.C. 211(a)). For the




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                                                                       24                purposes of any investigation provided for in this
                                                                       25                subsection, the Secretary of Labor shall have the


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                                                                         1               subpoena authority provided for under section 9 of
                                                                         2               such Act (29 U.S.C. 209).
                                                                         3                        (2) STATE AGENCIES.—The Secretary of Labor
                                                                         4               may, for the purpose of carrying out the functions
                                                                         5               and duties under this section, utilize the services of
                                                                         6               State and local agencies in accordance with section
                                                                         7               11(b) of the Fair Labor Standards Act of 1938 (29
                                                                         8               U.S.C. 211(b)).
                                                                         9               (d) ESSENTIAL WORKER ENFORCEMENT.—
                                                                       10                         (1) RIGHT OF ACTION.—An action alleging a
                                                                       11                violation of paragraph (1) or (2) of subsection (b)
                                                                       12                may be maintained against an essential work em-
                                                                       13                ployer receiving a grant under section 104 in any
                                                                       14                Federal or State court of competent jurisdiction by
                                                                       15                one or more essential workers or their representative
                                                                       16                for and on behalf of the essential workers, or the es-
                                                                       17                sential workers and others similarly situated, in the
                                                                       18                same manner, and subject to the same remedies (in-
                                                                       19                cluding attorney’s fees and costs of the action), as
                                                                       20                an action brought by an employee alleging a viola-
                                                                       21                tion of section 7 or 15(a)(3), respectively, of the
                                                                       22                Fair Labor Standards Act of 1938 (29 U.S.C. 207,
                                                                       23                215(a)(3)).




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                                                                       24                         (2) NO WAIVER.—In an action alleging a viola-
                                                                       25                tion of paragraph (1) or (2) of subsection (b)


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                                                                         1               brought by one or more essential workers or their
                                                                         2               representative for and on behalf of the persons as
                                                                         3               described in paragraph (1), to enforce the rights in
                                                                         4               section 102, no court of competent jurisdiction may
                                                                         5               grant the motion of an essential work employer re-
                                                                         6               ceiving a grant under section 104 to compel arbitra-
                                                                         7               tion, under chapter 1 of title 9, United States Code,
                                                                         8               or any analogous State arbitration statute, of the
                                                                         9               claims involved. An essential worker’s right to bring
                                                                       10                an action described in paragraph (1) or subsection
                                                                       11                (b)(2)(A) on behalf of similarly situated essential
                                                                       12                workers to enforce such rights may not be subject to
                                                                       13                any private agreement that purports to require the
                                                                       14                essential workers to pursue claims on an individual
                                                                       15                basis.
                                                                       16                (e) RECORDKEEPING.—An essential work employer
                                                                       17 receiving a grant under section 104 shall make, keep, and
                                                                       18 preserve records pertaining to compliance with section 102
                                                                       19 in accordance with section 11(c) of the Fair Labor Stand-
                                                                       20 ards Act of 1938 (29 U.S.C. 211(c)) and in accordance
                                                                       21 with regulations prescribed by the Secretary of Labor.
                                                                       22                (f) OUTREACH AND EDUCATION.—Out of amounts
                                                                       23 appropriated to the Secretary of the Treasury under sec-




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                                                                       24 tion 107 for a fiscal year, the Secretary of the Treasury




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                                                                         1 shall transfer to the Secretary of Labor, $3,000,000, of
                                                                         2 which the Secretary of Labor shall use—
                                                                         3                        (1) $2,500,000 for outreach to essential work
                                                                         4               employers and essential workers regarding the pre-
                                                                         5               mium pay under section 102; and
                                                                         6                        (2) $500,000 to implement an advertising cam-
                                                                         7               paign encouraging large essential work employers to
                                                                         8               provide the same premium pay provided for by sec-
                                                                         9               tion 102 using the large essential work employers’
                                                                       10                own funds and without utilizing grants under this
                                                                       11                title.
                                                                       12                (g) CLARIFICATION                        OF      ENFORCING OFFICIAL.—
                                                                       13 Nothing in the Government Employee Rights Act of 1991
                                                                       14 (42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the
                                                                       15 Fair              Labor           Standards              Act        of      1938          (29   U.S.C.
                                                                       16 203(e)(2)(C)) shall be construed to prevent the Secretary
                                                                       17 of Labor from carrying out the authority of the Secretary
                                                                       18 under this section in the case of State employees described
                                                                       19 in section 304(a) of the Government Employee Rights Act
                                                                       20 of 1991 (42 U.S.C. 2000e–16c(a)).
                                                                       21      SEC. 106. FUNDING FOR THE DEPARTMENT OF THE TREAS-

                                                                       22                              URY OFFICE OF INSPECTOR GENERAL.

                                                                       23                There is appropriated, out of money in the Treasury




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                                                                       24 not otherwise appropriated, to the Office of the Inspector
                                                                       25 General of the Department of the Treasury, $1,000,000


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                                                                         1 to carry out audits, investigations, and other oversight ac-
                                                                         2 tivities authorized under the Inspector General Act of
                                                                         3 1978 (5 U.S.C. App.) that are related to the provisions
                                                                         4 of, and amendments made by, this title, to remain avail-
                                                                         5 able until December 31, 2022.
                                                                         6     SEC. 107. AUTHORIZATION AND APPROPRIATIONS.

                                                                         7               There is authorized to be appropriated, and there is
                                                                         8 hereby appropriated, $180,000,000,000 to carry out this
                                                                         9 title, to remain available until expended.
                                                                                                                                  Æ




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