II 

116TH CONGRESS 

2D SESSION S. 3763 

To establish the Pandemic Responder Service Award program to express 

our gratitude to front-line health care workers. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2020 

Mr. CASEY (for himself, Mr. WYDEN, Ms. BALDWIN, Mrs. GILLIBRAND, and 

Mrs. SHAHEEN) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To establish the Pandemic Responder Service Award program to express our gratitude to front-line health care 

workers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pandemic Responder 

5 Service Award Act’’. 

6 SEC. 2. ESTABLISHMENT OF PANDEMIC RESPONDER SERV7 ICE AWARD PROGRAM. 

8 (a) ENTITLEMENT.—Subject to subsection (c), each 

9 qualified health care worker shall be entitled to a panVerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763

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1 demic responder service award, as determined under sub2 section (b). 

3 (b) DETERMINATION OF AWARD.— 

4 (1) IN GENERAL.—Except as provided under 

5 subsection (c)(3)(B)(ii), in the case of a qualified 

6 health care worker, the amount of the pandemic re7 sponder service award shall be equal to— 

8 (A) the applicable percentage of the 

9 amount determined under paragraph (2) for the 

10 calendar year in which the application described 

11 in subsection (c)(2) has been submitted by such 

12 worker and approved by the Secretary; and 

13 (B) the applicable percentage of the 

14 amount determined under paragraph (2) for 

15 each of the 3 calendar years subsequent to the 

16 year described in subparagraph (A). 

17 (2) ANNUAL AMOUNT.— 

18 (A) IN GENERAL.—The amount deter19 mined under this paragraph shall be equal to— 

20 (i) for calendar year 2021, $10,000; 

21 and 

22 (ii) in the case of any calendar year 

23 beginning after 2021, the dollar amount in 

24 clause (i), as increased by an amount equal 

25 to— 


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1 (I) such dollar amount; multi2 plied by 

3 (II) the cost-of-living adjustment 

4 determined under section 1(f)(3) of 

5 the Internal Revenue Code of 1986 

6 for such calendar year, determined by 

7 substituting ‘‘2020’’ for ‘‘2016’’ in 

8 subparagraph (A)(ii) thereof. 

9 (B) ROUNDING.—If any increase under 

10 subparagraph (A) is not a multiple of $100, 

11 such increase shall be rounded to the nearest 

12 multiple of $100. 

13 (3) APPLICABLE PERCENTAGE.— 

14 (A) IN GENERAL.—For purposes of para15 graph (1), with respect to any qualified health 

16 care worker, the applicable percentage shall be 

17 determined in accordance with the following 

18 table: 

If the number of days during 

the applicable period in which 

the individual provided The applicable 

eligible services was: percentage is: 

Equal to or greater than 180 days ................................... 100 percent

Greater than 150 days and less than 180 days ................ 87.5 percent

Greater than 120 days and less than 151 days ................ 75 percent

Greater than 90 days and less than 121 days .................. 62.5 percent

Greater than 60 days and less than 91 days .................... 50 percent

Greater than 30 days and less than 61 days .................... 37.5 percent

Greater than 6 days and less than 31 days ...................... 25 percent

Less than 7 days ............................................................... 12.5 percent. 


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1 (B) DEATH OR HOSPITALIZATION OF

2 QUALIFIED HEALTH CARE WORKER.—In the 

3 case of any qualified health care worker who 

4 was hospitalized or died as a result of con5 tracting COVID–19, the applicable percentage 

6 shall be 100 percent. 

7 (C) DETERMINING WORK PERFORMED

8 DURING ILLNESS.—In the case of any qualified 

9 health care worker who was unable to provide 

10 eligible services for any period of days during 

11 the applicable period as a result of contracting 

12 COVID–19, such period of days shall be in13 cluded for purposes of determining the applica14 ble percentage with respect to such worker 

15 under this paragraph. 

16 (c) PANDEMIC RESPONDER SERVICE AWARD PRO17 GRAM.— 

18 (1) ESTABLISHMENT.— 

19 (A) PANDEMIC RESPONDER SAVINGS AC20 COUNTS.—Except as provided in subparagraph 

21 (B), not later than 12 months after the date of 

22 enactment of this Act, the Secretary shall es23 tablish the Pandemic Responder Service Award 

24 Program to carry out the purposes of this sec25 tion. 


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1 (B) PANDEMIC RESPONDER CHILD SAV2 INGS ACCOUNTS.—Not later than December 31, 

3 2021, the Secretary shall establish the Pan4 demic Responder Child Savings Account Pro5 gram to carry out the purposes of paragraph 

6 (5). 

7 (2) APPLICATIONS.— 

8 (A) IN GENERAL.—An individual claiming 

9 or applying for a pandemic responder service 

10 award under this section shall submit an appli11 cation to the Secretary at such time, in such 

12 manner, and containing such information as the 

13 Secretary may require. 

14 (B) INFORMATION MADE AVAILABLE TO

15 PUBLIC.—Not later than 12 months after the 

16 date of enactment of this Act, the Secretary 

17 shall make publicly available all instructions 

18 and forms necessary for an individual to apply 

19 for a pandemic responder service award under 

20 this section, including— 

21 (i) guidelines regarding the processes 

22 for determining entitlement to, and the 

23 amount of, such award; 

24 (ii) processes for the employer of any 

25 individual to certify— 


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1 (I) that such individual provided 

2 eligible services; and 

3 (II) the number of days during 

4 the applicable period in which such in5 dividual provided such services. 

6 (C) LIMITATION.—The Secretary shall not 

7 accept or approve any application submitted by 

8 an individual after the date which is 5 years 

9 after the date described in subsection (d)(1)(B). 

10 (D) DEATH OF QUALIFIED HEALTH CARE

11 WORKER.—In the case of an individual de12 scribed in subsection (d)(5)(A) who has died 

13 due to COVID–19 prior to filing an application 

14 described in subparagraph (A), the Secretary 

15 shall establish a procedure to permit the spouse 

16 of such worker or any dependent of such worker 

17 to file an application under such subparagraph 

18 to provide for— 

19 (i) establishment of a pandemic re20 sponder savings account (as described in 

21 paragraph (3)) on behalf of such spouse or 

22 a pandemic responder child savings ac23 count (as described in paragraph (5)) on 

24 behalf of a dependent described in sub25 paragraph (A) of such paragraph; and 


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1 (ii) transfer of any pandemic re2 sponder service award to which the de3 ceased individual would otherwise be enti4 tled under this section to such account. 

5 (3) PANDEMIC RESPONDER SAVINGS AC6 COUNT.— 

7 (A) IN GENERAL.—With respect to each 

8 qualified health care worker, the Secretary shall 

9 establish and maintain a separate trust account 

10 (referred to in this section as a ‘‘pandemic re11 sponder savings account’’) on behalf of such 

12 worker, which shall consist of any pandemic re13 sponder service award to which such worker is 

14 entitled under this section. 

15 (B) TRANSFER TO ACCOUNT.— 

16 (i) IN GENERAL.—Except as provided 

17 under clause (ii), with respect to each 

18 qualified health care worker, for each cal19 endar year described in paragraph (1) of 

20 subsection (b), the Secretary shall transfer 

21 from the general fund of the Treasury of 

22 the United States to the pandemic re23 sponder savings account of such worker an 

24 amount equal to the applicable percentage 

25 of the amount determined under paragraph 


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1 (2) of such subsection with respect to such 

2 year. 

3 (ii) EXCEPTION FOR LOAN REPAY4 MENT.—In the case of a qualified health 

5 care worker who, pursuant to their applica6 tion under paragraph (2), elects to apply 

7 the entirety of the pandemic responder 

8 service award to which they are entitled for 

9 a qualified purpose described in subsection 

10 (d)(6)(A), the Secretary shall, during the 

11 calendar year in which such application is 

12 approved, transfer from the general fund 

13 of the Treasury of the United States to the 

14 pandemic responder savings account of 

15 such worker an amount equal to 400 per16 cent of the applicable percentage of the 

17 amount determined under paragraph (2) of 

18 subsection (b) with respect to such year. 

19 (4) DISTRIBUTION OF AWARD AMOUNTS.—The 

20 Secretary shall establish such guidelines as may be 

21 necessary to ensure that— 

22 (A) funds held in a pandemic responder 

23 savings account are withdrawn or transferred— 


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1 (i) only for qualified purposes or 

2 transfer to a pandemic responder child sav3 ings account; 

4 (ii) at the direction of the qualified 

5 health care worker; and 

6 (iii) in such proportion or amount as 

7 is directed by such worker; 

8 (B) not greater than 4 withdrawals are 

9 made from such account during any calendar 

10 year; and 

11 (C) beneficiary designations for such ac12 count are made in the case of the death of such 

13 worker. 

14 (5) PANDEMIC RESPONDER CHILD SAVINGS AC15 COUNT.— 

16 (A) IN GENERAL.—At the election of any 

17 qualified health care worker, the Secretary shall 

18 establish and maintain a separate trust account 

19 (referred to in this section as a ‘‘pandemic re20 sponder child savings account’’) on behalf of 

21 any dependent (as designated by such worker) 

22 who, at the time of such election, has not at23 tained 18 years of age and which shall consist 

24 of such amounts as are elected by such worker 

25 to be transferred to such account. 


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1 (B) INVESTMENT WITHOUT FEES.—Any 

2 amount transferred to a pandemic responder 

3 child savings account shall be invested solely in 

4 United States Treasury bonds. No fees shall be 

5 assessed on participants in the Pandemic Re6 sponder Child Savings Account Program. 

7 (C) ACCOUNTS MAY NOT BE ASSIGNED.— 

8 An account established on behalf of an indi9 vidual under the Pandemic Responder Child 

10 Savings Account Program may not be pledged 

11 or assigned to any other person, and any trans12 fer to such account by a qualified health care 

13 worker may not subsequently be transferred or 

14 returned to the pandemic responder savings ac15 count of such worker. 

16 (D) DISTRIBUTION OF AMOUNTS IN PAN17 DEMIC RESPONDER CHILD SAVINGS AC18 COUNT.—The Secretary shall establish such 

19 guidelines as may be necessary to ensure that— 

20 (i) funds held in a pandemic re21 sponder child savings account are with22 drawn or transferred— 

23 (I) only for purposes described in 

24 subparagraphs (A) through (G) of 

25 subsection (d)(6) with respect to the 


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1 individual on whose behalf such ac2 count has been established; and 

3 (II) except for purposes described 

4 in subparagraph (A) or (B) of sub5 section (d)(6), only after such indi6 vidual has attained 18 years of age 

7 and at the direction of such individual 

8 and in such proportion or amount as 

9 is directed by such individual; 

10 (ii) not greater than 4 withdrawals 

11 are made from such account during any 

12 calendar year; and 

13 (iii) beneficiary designations for such 

14 account are made in the case of the death 

15 of the individual on whose behalf an ac16 count was established. 

17 (d) DEFINITIONS.—For purposes of this section— 

18 (1) APPLICABLE PERIOD.—The term ‘‘applica19 ble period’’ means the period— 

20 (A) beginning on January 27, 2020; and 

21 (B) ending on the date on which the Sec22 retary of Health and Human Services deter23 mines that the public health emergency declared 

24 by such Secretary under section 319 of the 

25 Public Health Service Act (42 U.S.C. 247d) on 


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1 January 31, 2020, with respect to COVID–19, 

2 has ended. 

3 (2) COVID–19.—The term ‘‘COVID–19’’ 

4 means the virus SARS–CoV–2 or coronavirus dis5 ease 2019 (COVID–19). 

6 (3) DEPENDENT.—The term ‘‘dependent’’ has 

7 the same meaning given such term under section 

8 152 of the Internal Revenue Code of 1986. 

9 (4) ELIGIBLE SERVICES.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (C), the term ‘‘eligible services’’ means, 

12 with respect to any individual, services de13 scribed in subparagraph (B) which were pro14 vided by such individual in person during the 

15 applicable period in a work environment in 

16 which— 

17 (i) there was an elevated risk of such 

18 individual contracting COVID–19 (as de19 termined by the Secretary, in consultation 

20 with the Director of the Centers for Dis21 ease Control and Prevention and the Occu22 pational Safety and Health Administra23 tion); or 

24 (ii) such services were provided to in25 dividuals who had been diagnosed with 


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1 COVID–19 or who were at a high risk of 

2 having contracted COVID–19. 

3 (B) DESCRIPTION OF SERVICES.—The 

4 services described in this subparagraph are the 

5 following: 

6 (i) Emergency medical services, as de7 fined in section 330J(e)(1) of the Public 

8 Health Service Act (42 U.S.C. 254c– 

9 15(e)(1)), except that such term shall be 

10 applied by substituting ‘‘private licensed 

11 entity’’ for ‘‘private nonprofit licensed enti12 ty’’ in subparagraph (A) thereof. 

13 (ii) Health care or patient care serv14 ices within a hospital (including any tem15 porary hospital established for the purpose 

16 of treating large numbers of individuals di17 agnosed with COVID–19), including sani18 tation, security, transportation, and food 

19 services. 

20 (iii) Health care services related to 

21 COVID–19 within a medical practice, 

22 health care center, or clinic, including any 

23 temporary facility (such as a COVID–19 

24 testing site) which was established in re25 sponse to COVID–19. 


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1 (iv) Home-based and community2 based work, including— 

3 (I) home health care, residential 

4 care, and assistance with activities of 

5 daily living; and 

6 (II) any services or care provided 

7 by direct care workers (as defined in 

8 paragraph (16) of section 799B of the 

9 Public Health Service Act (42 U.S.C. 

10 295p)), personal care aides, and home 

11 health aides. 

12 (v) Behavioral health services, includ13 ing mental health services and substance 

14 abuse counseling. 

15 (vi) Nursing care, residential care, or 

16 support staff services within a nursing 

17 home or other residential facility, including 

18 community group homes. 

19 (vii) Mortuary services. 

20 (C) ADDITIONAL SERVICES.—The term 

21 ‘‘eligible services’’ shall include, with respect to 

22 any individual, any services which— 

23 (i) were provided by such individual in 

24 person during the applicable period in a 


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1 work environment described in clause (i) or 

2 (ii) of subparagraph (A); 

3 (ii) are not described in subparagraph 

4 (B); and 

5 (iii) have been identified by the Sec6 retary, in consultation with the Director of 

7 the Centers for Disease Control and Pre8 vention and the Occupational Safety and 

9 Health Administration, as— 

10 (I)(aa) involving the provision of 

11 care or treatment to individuals who 

12 had been diagnosed with COVID–19; 

13 or 

14 (bb) involving the operation of a 

15 facility which provides care or treat16 ment to individuals who had been di17 agnosed with COVID–19; and 

18 (II) having a risk of exposure to 

19 COVID–19 which is comparable to a 

20 health care provider in a hospital who 

21 is treating individuals who have been 

22 diagnosed with COVID–19. 

23 (5) QUALIFIED HEALTH CARE WORKER.—The 

24 term ‘‘qualified health care worker’’ means an indi25 vidual who— 


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1 (A) provided eligible services; and 

2 (B) subject to paragraph (2)(D) of sub3 section (c), has filed an application to receive a 

4 pandemic responder service award pursuant to 

5 such subsection which is approved by the Sec6 retary. 

7 (6) QUALIFIED PURPOSES.—The term ‘‘quali8 fied purposes’’ means any of the following with re9 spect to the qualified health care worker, their 

10 spouse, or any of their dependents: 

11 (A) Payment to the holder of— 

12 (i) a loan made, insured, or guaran13 teed under title IV of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1070 et 

15 seq.); or 

16 (ii) a private education loan (as de17 fined in section 140(a) of the Truth in 

18 Lending Act (15 U.S.C. 1650(a)). 

19 (B)(i) Payment— 

20 (I) to an eligible institution for quali21 fied higher education expenses (as defined 

22 in section 529(e) of the Internal Revenue 

23 Code of 1986); 

24 (II) for the costs of a registered ap25 prenticeship; or 


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1 (III) for the costs of training provided 

2 by a joint labor-management partnership. 

3 (ii) In this subparagraph— 

4 (I) the term ‘‘eligible institution’’ 

5 means— 

6 (aa) an institution of higher edu7 cation, as defined under section 101 

8 of the Higher Education Act of 1965 

9 (20 U.S.C. 1001), that has in effect a 

10 program participation agreement 

11 under section 487 of such Act (20 

12 U.S.C. 1094) and is eligible to partici13 pate in any of the programs under 

14 title IV of such Act (20 U.S.C. 1070 

15 et seq.); and 

16 (bb) a postsecondary vocational 

17 institution, as defined under section 

18 102(c) of the Higher Education Act of 

19 1965 (20 U.S.C. 1001(c)), that has in 

20 effect a program participation agree21 ment under section 487 of such Act 

22 (20 U.S.C. 1094) and is eligible to 

23 participate in any of the programs 

24 under title IV of such Act (20 U.S.C. 

25 1070 et seq.); and 


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1 (II) the term ‘‘registered apprentice2 ship’’ means an apprenticeship registered 

3 under the Act of August 16, 1937 (com4 monly known as the ‘National Apprentice5 ship Act’; 50 Stat. 664, chapter 663; 29 

6 U.S.C. 50 et seq.), that meets any require7 ment, standard, or rule promulgated under 

8 such Act as in effect on December 30, 

9 2019. 

10 (C) Transfer to an eligible retirement plan, 

11 as defined in section 402(c)(8)(B) of the Inter12 nal Revenue Code of 1986. 

13 (D) Transfer to an ABLE account estab14 lished under section 529A of the Internal Rev15 enue Code of 1986. 

16 (E) Transfer to the personal bank account 

17 of the individual for emergency expenses, pro18 vided that the total amount transferred during 

19 any calendar year does not exceed $1,000. 

20 (F) Payment related to purchase of a prin21 cipal residence by a first-time homebuyer (as 

22 such terms are defined in subsection (c) of sec23 tion 36 of the Internal Revenue Code of 1986). 


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1 (G) Payment related to start-up expendi2 tures (as defined in subsection (c)(1) of section 

3 195 of the Internal Revenue Code of 1986). 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Treasury or the Secretary’s del6 egate. 

7 (e) EXCLUSION FROM INCOME AND FEDERAL PRO8 GRAMS.— 

9 (1) GROSS INCOME.—For purposes of the Inter10 nal Revenue Code of 1986, any payment or transfer 

11 made with respect to or on behalf of any individual 

12 under this section shall not be included in the gross 

13 income of any such individual. 

14 (2) FEDERAL PROGRAMS.—The amount of any 

15 payment or transfer made with respect to or on be16 half of any individual under this section shall not be 

17 taken into account as income or resources for pur18 poses of determining the eligibility of such individual 

19 or any other individual for benefits or assistance, or 

20 the amount or extent of such benefits or assistance, 

21 under any Federal program or under any State or 

22 local program financed in whole or in part with Fed23 eral funds. 

Æ 


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