I 

116TH CONGRESS 

2D SESSION H. R. 7341 

To provide support and flexibility for the Federal workforce during the 

COVID–19 pandemic, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2020 

Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, Ms. 

NORTON, Mr. SARBANES, Mrs. LAWRENCE, Mr. LYNCH, Mr. RASKIN, Mr. 

GOMEZ, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the 

Committees on House Administration, the Judiciary, Ways and Means, 

and Education and Labor, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide support and flexibility for the Federal workforce 

during the COVID–19 pandemic, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Workforce 

5 Health and Safety During the Pandemic Act’’. 


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1 SEC. 2. REIMBURSEMENT FOR CHILD AND FAMILY CARE 

2 FOR FEDERAL EMPLOYEES DURING COVID–19 

3 PANDEMIC. 

4 (a) IN GENERAL.—During the period beginning on 

5 the date of enactment of this Act and ending on December 

6 31, 2020, any employee who is unable to care for a de7 pendent child of the employee or a relative of the employee 

8 who has COVID–19 as a result of the employee being re9 quired to report to their duty station (either permanent 

10 or temporary) or to telework shall be entitled to reim11 bursement for the costs of such care. 

12 (b) APPLICATION.— 

13 (1) IN GENERAL.—Any payment provided by 

14 operation of subsection (a) shall be paid on a month15 ly basis, with payments being made to the employee 

16 on the last day of each month. 

17 (2) SUBMISSION OF RECEIPTS.—For purposes 

18 of determining reimbursement amounts, each em19 ployee shall submit to their employing office receipts 

20 or other documents as the office may require. 

21 (3) LIMIT.—Reimbursement may not be paid to 

22 any employee under this section for any month in an 

23 amount greater than $2,000 per child or relative. 

24 (c) DEFINITIONS.—In this section— 

25 (1) the term ‘‘employee’’ means— 


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1 (A) an employee of the Library of Con2 gress; 

3 (B) an employee of the Government Ac4 countability Office; 

5 (C) a covered employee as defined in sec6 tion 101 of the Congressional Accountability 

7 Act of 1995 (2 U.S.C. 1301), other than an ap8 plicant for employment; 

9 (D) a covered employee as defined in sec10 tion 411(c) of title 3, United States Code; 

11 (E) a Federal officer or employee covered 

12 under subchapter V of chapter 63 of title 5, 

13 United States Code; or 

14 (F) any other individual occupying a posi15 tion in the civil service (as that term is defined 

16 in section 2101(1) of title 5, United States 

17 Code); and 

18 (2) the terms ‘‘dependent child’’ and ‘‘relative’’ 

19 have the meaning given those terms in paragraphs 

20 (2) and (16), respectively, of section 109 of the Eth21 ics in Government Act of 1978 (5 U.S.C. App.). 

22 SEC. 3. REQUIREMENT TO TELEWORK. 

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

24 date of enactment of this Act, the head of any Federal 

25 agency shall require any employee of such agency who is 


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1 authorized to telework under chapter 65 of title 5, United 

2 States Code, or any other provision of law, to telework 

3 during the period beginning on the date of enactment of 

4 this Act and ending on December 31, 2020. 

5 (b) DEFINITIONS.—In this section— 

6 (1) the term ‘‘employee’’ has the meaning given 

7 that term in section 2(c)(1); and 

8 (2) the term ‘‘telework’’ has the meaning given 

9 that term in section 6501(3) of title 5, United 

10 States Code. 

11 SEC. 4. WEATHER AND SAFETY LEAVE FOR COVID–19. 

12 (a) WEATHER AND SAFETY LEAVE.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, including subsection (b) of section 

15 6329c of title 5, United States Code, during the pe16 riod beginning on the date of enactment of this Act 

17 and ending on December 31, 2020, any employee 

18 who is prevented from safely traveling to or per19 forming work at an approved location as a result of 

20 the COVID–19 pandemic, or who is prevented from 

21 performing work in order to care for a child, relative 

22 of the employee, or other individual as a result of 

23 the COVID–19 pandemic, shall be provided weather 

24 and safety leave under such section. 


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1 (2) RULE OF CONSTRUCTION.—Notwith2 standing subparagraph (B) of subsection (a)(2)(B) 

3 of such section 6329c, intermittent employees de4 scribed in such subparagraph shall be eligible for the 

5 leave provided by paragraph (1) of this subsection. 

6 (3) DEFINITION OF EMPLOYEE.—In this sub7 section, the term ‘‘employee’’ has the meaning given 

8 that term in section 2(c)(1). 

9 (b) APPROVED LOCATION.—Section 6329c(a) of title 

10 5, United States Code, is amended— 

11 (1) by striking ‘‘and’’ at the end of paragraph 

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) the term ‘approved location’ means any lo17 cation at which an employee has been approved to 

18 perform work, including any Federal office, a tele19 working site, or other location as determined by the 

20 head of the agency at which the employee is em21 ployed.’’. 


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1 SEC. 5. EFFECT OF DEPENDENT CARE ON TELEWORK ELI2 GIBILITY. 

3 (a) TITLE 5 EMPLOYEES.—Section 6502(a) of title 

4 5, United States Code, is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(3) DEPENDENT CARE.— 

7 ‘‘(A) IN GENERAL.—The presence of a de8 pendent individual at the location from which 

9 an employee teleworks shall have no effect on 

10 the eligibility of such employee to telework if 

11 such dependent individual is cared for by a 

12 caregiver other than such employee while such 

13 employee is teleworking. 

14 ‘‘(B) TEMPORARY UNAVAILABILITY OF

15 CAREGIVER.—The temporary unavailability of a 

16 caregiver described in subparagraph (A) does 

17 not affect the eligibility of the relevant em18 ployee to telework if— 

19 ‘‘(i) such unavailability is due to un20 usual or extraordinary circumstances; and 

21 ‘‘(ii) an alternative caregiver is not 

22 reasonably available. 

23 ‘‘(C) DEPENDENT INDIVIDUAL DE24 FINED.—In this paragraph, the term ‘depend25 ent individual’ means a dependent child or rel26 ative (as such terms are defined in paragraphs 


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1 (2) and (16), respectively, of section 109 of the 

2 Ethics in Government Act of 1978 (5 U.S.C. 

3 App.)) who is dependent on the employee for 

4 care.’’. 

5 (b) OTHER APPLICABLE EMPLOYEES.—With respect 

6 to any employee not covered under chapter 65 of title 5, 

7 United States Code, the terms and conditions with respect 

8 to dependent care and teleworking under section 

9 6502(a)(3) of such title (as added by subsection (a)) shall 

10 apply. In this subsection, the term ‘‘employee’’ has the 

11 meaning given that term under section 2(c)(1), but does 

12 not include an employee as defined in section 6501(1) of 

13 such title. 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall alter or otherwise affect the rights, remedies, 

16 and procedures related to dependent care under the terms 

17 of any collective bargaining agreement. 

18 SEC. 6. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 

19 COMPENSATION BENEFITS FOR FEDERAL 

20 EMPLOYEES DIAGNOSED WITH 

21 CORONAVIRUS. 

22 (a) IN GENERAL.—An employee who is diagnosed 

23 with COVID–19 during the period described in subsection 

24 (b)(2)(A) shall, with respect to any claim made by or on 

25 behalf of the employee for benefits under subchapter I of 


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1 chapter 81 of title 5, United States Code, be deemed to 

2 have an injury proximately caused by exposure to 

3 coronavirus arising out of the nature of the employee’s em4 ployment and be presumptively entitled to such benefits, 

5 including disability compensation, medical services, and 

6 survivor benefits. 

7 (b) DEFINITIONS.—In this section— 

8 (1) the term ‘‘coronavirus’’ means SARS–CoV– 

9 2 or another coronavirus with pandemic potential; 

10 and 

11 (2) the term ‘‘employee’’— 

12 (A) means an employee as that term is de13 fined in section 8101(1) of title 5, United 

14 States Code, (including an employee of the 

15 United States Postal Service, the Transpor16 tation Security Administration, or the Depart17 ment of Veterans Affairs, including any indi18 vidual appointed under chapter 73 or 74 of title 

19 38, United States Code) employed in the Fed20 eral service at anytime during the period begin21 ning on January 27, 2020, and ending on Jan22 uary 30, 2022— 

23 (i) who carried out duties requiring 

24 contact with patients, members of the pub25 lic, or co-workers; or 


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1 (ii) whose duties include a risk of ex2 posure to the coronavirus; and 

3 (B) does not include any employee other4 wise covered by subparagraph (A) who is tele5 working on a full-time basis during all of such 

6 period. 

7 SEC. 7. PANDEMIC DUTY DIFFERENTIAL. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘agency’’— 

10 (A) means— 

11 (i) each agency, office, or other estab12 lishment in the executive, legislative, or ju13 dicial branch of the Federal Government, 

14 including— 

15 (I) an Executive agency, as that 

16 term is defined in section 105 of title 

17 5, United States Code; 

18 (II) a military department, as 

19 that term is defined in section 102 of 

20 title 5, United States Code; 

21 (III) the Federal Aviation Ad22 ministration; 

23 (IV) the Transportation Security 

24 Administration; 


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1 (V) the Department of Veterans 

2 Affairs; 

3 (VI) the United States Postal 

4 Service and the Postal Regulatory 

5 Commission; and 

6 (VII) the Government Account7 ability Office; 

8 (ii) the District of Columbia courts 

9 and the District of Columbia Public De10 fender Service; and 

11 (iii)(I) an Indian tribe or tribal orga12 nization carrying out a contract or com13 pact under the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 

15 5301 et seq.); 

16 (II) an Indian tribe or tribal organiza17 tion that receives a grant under the Trib18 ally Controlled Schools Act of 1988 (25 

19 U.S.C. 2501 et seq.); and 

20 (III) an urban Indian organization 

21 that receives a grant or carries out a con22 tract under title V of the Indian Health 

23 Care Improvement Act (25 U.S.C. 1651 et 

24 seq.); and 


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1 (B) does not include a nonappropriated 

2 fund instrumentality under the jurisdiction of 

3 the Armed Forces; 

4 (2) the term ‘‘covered duty’’— 

5 (A) means duty that requires— 

6 (i) an employee to have regular or 

7 routine contact with the public; or 

8 (ii) the reporting of an employee to a 

9 worksite at which— 

10 (I) social distancing is not pos11 sible, consistent with the regularly as12 signed duties of the position of the 

13 employee; and 

14 (II) other preventative measures 

15 with respect to COVID–19 are not 

16 available; and 

17 (B) does not include duty that an employee 

18 performs while teleworking from a residence; 

19 (3) the term ‘‘covered period’’ means the period 

20 beginning on the date on which the Secretary of 

21 Health and Human Services declared a public health 

22 emergency under section 319 of the Public Health 

23 Service Act (42 U.S.C. 247d) with respect to 

24 COVID–19 and ending on the date that is 60 days 


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1 after the date on which that public health emergency 

2 terminates; 

3 (4) the term ‘‘employee’’— 

4 (A) means an employee of an agency; 

5 (B) includes— 

6 (i) any employee of an agency who oc7 cupies a position within the General Sched8 ule under subchapter III of chapter 53 of 

9 title 5, United States Code; 

10 (ii) any employee of an agency whose 

11 pay is fixed and adjusted from time to 

12 time in accordance with prevailing rates 

13 under subchapter IV of chapter 53 of title 

14 5, United States Code, or by a wage board 

15 or similar administrative authority serving 

16 the same purpose; 

17 (iii) an official or employee of an In18 dian tribe, tribal organization, or urban In19 dian organization described in paragraph 

20 (1)(A)(iii); 

21 (iv) each employee of the Department 

22 of Veterans Affairs, including an employee 

23 appointed under chapter 74 of title 38, 

24 United States Code, without regard to 

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1 tion 7425(b) of that title, or any other pro2 vision of chapter 74 of that title is incon3 sistent with that inclusion; and 

4 (v) any other individual occupying a 

5 position in the civil service, as that term is 

6 defined in section 2101 of title 5, United 

7 States Code; and 

8 (C) does not include— 

9 (i) a member of the uniformed serv10 ices, as that term is defined in section 

11 2101 of title 5, United States Code; 

12 (ii) an employee of an agency who oc13 cupies a position within the Executive 

14 Schedule under any of sections 5312 

15 through 5316 of title 5, United States 

16 Code; 

17 (iii) an individual in a Senior Execu18 tive Service position, unless the individual 

19 is a career appointee, as those terms are 

20 defined in section 3132(a) of title 5, 

21 United States Code; 

22 (iv) an individual serving in a position 

23 of a confidential or policy-determining 

24 character under Schedule C of subpart C 


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1 of part 213 of title 5, Code of Federal 

2 Regulations, or any successor regulations; 

3 (v) a member of the Senate or House 

4 of Representatives, a Delegate to the 

5 House of Representatives, or the Resident 

6 Commissioner from Puerto Rico; or 

7 (vi) an employee of the personal office 

8 of an individual described in clause (v), of 

9 a leadership office of the Senate or the 

10 House of Representatives, of a committee 

11 of the Senate or the House of Representa12 tives, or of a joint committee of Congress; 

13 and 

14 (5) the term ‘‘employer payroll taxes’’ means— 

15 (A) taxes imposed under sections 3111(b), 

16 3221(a) (but only to the extent attributable to 

17 the portion of such tax attributable to the tax 

18 imposed by section 3111(b)), 3221(b), and 

19 3301 of the Internal Revenue Code of 1986; 

20 and 

21 (B) taxes imposed by a State or local gov22 ernment on an employer with respect to 

23 amounts paid by such employer for work by em24 ployees. 

25 (b) PANDEMIC DUTY DIFFERENTIAL.— 


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1 (1) IN GENERAL.—There is established a sched2 ule of pay differentials for covered duty as follows: 

3 (A) An employee is entitled to pay for that 

4 covered duty at the rate of basic pay, which in5 cludes any differential or other premium pay 

6 paid for regularly scheduled work of the em7 ployee other than the differential established 

8 under this section, of the employee plus pre9 mium pay of $13 per hour. 

10 (B) The total amount of premium pay paid 

11 to an employee under subparagraph (A) shall 

12 be— 

13 (i) with respect to an employee whose 

14 annual rate of basic pay is less than 

15 $200,000, not more than $10,000 reduced 

16 by employer payroll taxes with respect to 

17 such premium pay; and 

18 (ii) with respect to an employee whose 

19 annual rate of basic pay is not less than 

20 $200,000, not more than $5,000 reduced 

21 by employer payroll taxes with respect to 

22 such premium pay. 

23 (2) PAY.— 

24 (A) IN GENERAL.—With respect to the 

25 covered period, an employee is entitled to be 


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1 paid the applicable differential established 

2 under paragraph (1) for any period, including 

3 any period during the covered period that pre4 cedes the date of enactment of this Act, in 

5 which the employee is carrying out covered 

6 duty, subject to the applicable limitations under 

7 that paragraph. 

8 (B) RETROACTIVE PAYMENT.—With re9 spect to a payment earned by an employee 

10 under this subsection for a period during the 

11 covered period that precedes the date of enact12 ment of this Act, the employee shall be paid 

13 that payment in a lump sum payment as soon 

14 as is practicable after that date of enactment. 

15 (3) GUIDANCE AND REGULATIONS.— 

16 (A) EXECUTIVE BRANCH.— 

17 (i) IN GENERAL.—The Office of Per18 sonnel Management shall develop criteria 

19 for agencies in the executive branch of the 

20 Federal Government regarding the means 

21 by which to determine the eligibility of an 

22 employee in such an agency for the pay 

23 differential established under this sub24 section, which shall— 

25 (I) be based on— 


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1 (aa) the duties performed by 

2 the employee; 

3 (bb) the setting in which the 

4 employee performs the duties de5 scribed in item (aa); and 

6 (cc) the interactions with the 

7 public required in order for the 

8 employee to perform the duties 

9 described in item (aa); and 

10 (II) apply equally to all such 

11 agencies. 

12 (ii) REGULATIONS.—The Office of 

13 Personnel Management may prescribe reg14 ulations implementing the pay differential 

15 under this subsection with respect to em16 ployees in the executive branch of the Fed17 eral Government. 

18 (B) OTHER BRANCHES, CERTAIN DC EM19 PLOYEES, AND CERTAIN TRIBAL OFFICIALS.— 

20 (i) IN GENERAL.—The employing au21 thority for each agency that is not in the 

22 executive branch of the Federal Govern23 ment— 

24 (I) shall develop criteria regard25 ing the means by which to determine 


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1 the eligibility of an employee in such 

2 an agency for the pay differential es3 tablished under this subsection; and 

4 (II) may prescribe regulations 

5 implementing the pay differential 

6 under this subsection with respect to 

7 employees in the applicable agency. 

8 (ii) CONSISTENCY WITH OPM GUID9 ANCE AND REGULATIONS.—Any criteria 

10 developed, and regulations prescribed, by 

11 an agency under clause (i) shall, to the ex12 tent practicable, be comparable to any cri13 teria developed and regulations prescribed 

14 by the Office of Personnel Management 

15 under subparagraph (A). 

16 (c) LIMITATION ON PREMIUM PAY.— 

17 (1) IN GENERAL.—Notwithstanding subsections 

18 (a) and (b) of section 5547 of title 5, United States 

19 Code, or a provision of any other Federal, State, or 

20 Tribal law that imposes a limitation on the amount 

21 of premium pay (including any premium pay paid 

22 under subsection (b) and any overtime pay paid for 

23 covered duty) that may be payable to an employee, 

24 an employee may be paid such premium pay to the 

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1 gate of basic pay and such premium pay for service 

2 performed in that calendar year by that employee to 

3 exceed the annual rate of basic pay payable for level 

4 II of the Executive Schedule, as of the end of the 

5 calendar year. 

6 (2) APPLICABILITY OF AGGREGATE LIMITATION

7 ON PAY.—In determining whether a payment to an 

8 employee is subject to the limitation under section 

9 5307(a) of title 5, United States Code, a payment 

10 described in paragraph (1) shall not apply. 

11 (3) APPLICABILITY OF CARES ACT.—The au12 thority provided under this subsection shall be con13 sidered to be in addition to, and not a replacement 

14 for, the authority provided under section 18110 of 

15 title VIII of the CARES Act (Public Law 116–136). 

16 (4) RETROACTIVE EFFECT.—This subsection 

17 shall take effect as if enacted on the date on which 

18 the covered period began. 

19 (d) APPROPRIATION.— 

20 (1) APPROPRIATION.—There is hereby appro21 priated, out of any money in the Treasury not other22 wise appropriated, $10,000,000,000, to remain 

23 available until expended, for the offices and agencies 

24 described in paragraph (2) to carry out subsections 


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1 (b) and (c) and to make transfers authorized under 

2 paragraph (3) of this subsection. 

3 (2) OFFICES AND AGENCIES.—The offices and 

4 agencies described in this paragraph are— 

5 (A) the Office of the Sergeant at Arms and 

6 Doorkeeper of the Senate; 

7 (B) the Office of the Clerk of the House 

8 of Representatives; 

9 (C) the Office of the Sergeant at Arms of 

10 the House of Representatives; 

11 (D) the Office of the Chief Administrative 

12 Officer of the House of Representatives; 

13 (E) the Office of the Attending Physician; 

14 (F) the Capitol Police; 

15 (G) the Office of the Architect of the Cap16 itol; 

17 (H) the Library of Congress; 

18 (I) the Government Publishing Office; 

19 (J) the Government Accountability Office; 

20 (K) the Office of Personnel Management; 

21 (L) the Administrative Office of the United 

22 States Courts; 

23 (M) the District of Columbia Courts; and 

24 (N) the District of Columbia Public De25 fender Service. 


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1 (3) TRANSFER AUTHORITY.— 

2 (A) OPM.—The Office of Personnel Man3 agement may transfer funds made available 

4 under this subsection to other Federal agencies 

5 within the executive branch to reimburse such 

6 agencies for costs incurred to implement this 

7 section. 

8 (B) AOUSC.—The Administrative Office 

9 of the United States Courts may transfer funds 

10 made available under this subsection to other 

11 entities within the judicial branch to reimburse 

12 the entities for costs incurred to implement this 

13 section. 

14 (e) COORDINATION WITH OTHER BENEFITS.— 

15 (1) DISREGARD FOR PURPOSES OF FEDERAL

16 AND STATE PROGRAMS.—Any payment provided 

17 under this section shall not be regarded as income 

18 and shall not be regarded as a resource for the 

19 month of receipt and the following 12 months, for 

20 purposes of determining the eligibility of the recipi21 ent (or the recipient’s spouse or family) for benefits 

22 or assistance, or the amount or extent of benefits or 

23 assistance, under any Federal program or under any 

24 State or local program financed in whole or in part 

25 with Federal funds. 


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1 (2) AMOUNTS NOT TAKEN INTO ACCOUNT FOR

2 PURPOSES OF PREMIUM TAX CREDIT.— 

3 (A) IN GENERAL.—For purposes of deter4 mining modified adjusted gross income under 

5 section 36B(d)(2)(B) of the Internal Revenue 

6 Code of 1986, adjusted gross income shall be 

7 reduced by any amounts received by reason of 

8 subsection (b). 

9 (B) EXCEPTION.—Subparagraph (A) shall 

10 not apply to the extent such reduction results 

11 in an amount of household income (as defined 

12 in section 36B(d)(2)(A) of such Code) of a tax13 payer that is less than 100 percent of the pov14 erty line (as defined in section 36B(d)(3) of 

15 such Code) for a family of the size involved (as 

16 determined under the rules of section 36B(d)(1) 

17 of such Code). 

18 (C) REPORTING.— 

19 (i) IN GENERAL.—Any employer that 

20 makes an applicable payment during a cal21 endar year shall include as a separately 

22 stated item on any written statement re23 quired under section 6051 of the Internal 

24 Revenue Code of 1986 or any return or 

25 statement required by the Secretary of the 


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1 Treasury (or the Secretary’s delegate) with 

2 respect to nonemployee compensation the 

3 aggregate amount of each type of applica4 ble payments so made. 

5 (ii) APPLICABLE PAYMENTS.—For 

6 purposes of this subparagraph, the term 

7 ‘‘applicable payments’’ means amounts 

8 paid by reason of subsection (b). 

9 (3) EMPLOYMENT TAX TREATMENT FOR

10 AMOUNTS PAID THROUGH GRANTS.— 

11 (A) IN GENERAL.—For purposes of section 

12 3111(a) of the Internal Revenue Code of 1986, 

13 any amounts required to be paid by reason of 

14 this section shall not be considered wages. 

15 (B) RAILROAD RETIREMENT TAXES.—For 

16 purposes of section 3221(a) of the Internal 

17 Revenue Code of 1986, the amount of tax im18 posed under such section for any calendar year 

19 in which an employer is required to pay 

20 amounts under this section shall be equal to the 

21 sum of— 

22 (i) the product of the rate in effect 

23 under section 3111(a) of such Code and 

24 the compensation (reduced by any amounts 

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1 tion) paid during any calendar year by 

2 such employer for services rendered to 

3 such employer; and 

4 (ii) the product of the rate in effect 

5 under section 3111(b) of such Code and 

6 the compensation paid during any calendar 

7 year by such employer for services ren8 dered to such employer. 

9 (C) SELF-EMPLOYED INDIVIDUALS.— 

10 (i) IN GENERAL.—In the case of the 

11 tax imposed by section 1401(a) of the In12 ternal Revenue Code of 1986, the self-em13 ployment income for any taxable year in 

14 which the individual received a payment re15 quired to be made under this section shall 

16 be reduced by 50 percent of the amount of 

17 payments so made. 

18 (ii) REGULATORY AUTHORITY.—The 

19 Secretary of the Treasury (or the Sec20 retary’s delegate) shall prescribe regula21 tions or other guidance for the application 

22 of sections 164(f) and 1402(a)(12) of the 

23 Internal Revenue Code of 1986 with re24 spect to amounts to which clause (i) ap25 plies. 


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1 (D) TRANSFERS TO TRUST FUNDS.—There 

2 are hereby appropriated to the Federal Old Age 

3 and Survivors Insurance Trust Fund and the 

4 Federal Disability Insurance Trust Fund estab5 lished under section 201 of the Social Security 

6 Act (42 U.S.C. 401) and the Social Security 

7 Equivalent Benefit Account established under 

8 section 15A(a) of the Railroad Retirement Act 

9 of 1974 (45 U.S.C. 231n–1(a)) amounts equal 

10 to the reduction in revenues to the Treasury by 

11 reason of this paragraph (without regard to this 

12 subparagraph). Amounts appropriated by the 

13 preceding sentence shall be transferred from the 

14 general fund at such times and in such manner 

15 as to replicate to the extent possible the trans16 fers which would have occurred to such Trust 

17 Fund or Account had this subsection not been 

18 enacted. 

19 (f) CLARIFICATION OF COORDINATION WITH OTHER

20 LAWS.— 

21 (1) ESSENTIAL WORKERS RIGHTS AND BENE22 FITS.—Nothing in this section shall be construed to 

23 allow noncompliance with or in any way to diminish, 

24 and shall instead be construed to be in addition to, 


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1 the rights or benefits that an essential worker is en2 titled to under any— 

3 (A) Federal, State, or local law, including 

4 regulation; 

5 (B) collective bargaining agreement; or 

6 (C) employer policy. 

7 (2) TITLE 5.—Nothing in this section shall be 

8 construed to affect the application of the provisions 

9 of sections 5343 or 5545 of title 5, United States 

10 Code, with respect to pay differentials for duty in11 volving unusual physical hardship or hazard, or envi12 ronmental differentials. 

13 (g) APPLICABILITY OF FAIR LABOR STANDARDS ACT

14 OF 1938 TO SOVEREIGN TRIBAL EMPLOYERS.— 

15 (1) IN GENERAL.—The receipt of any funds 

16 under subsection (b), (c), or (d) by a sovereign Trib17 al employer shall not expand, constrict, or alter the 

18 application of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 201 et seq.) to such sovereign Tribal em20 ployer. 

21 (2) DEFINITIONS.—In this subsection— 

22 (A) the term ‘‘Tribal employer’’ means— 

23 (i) any Tribal government, a subdivi24 sion of a Tribal government (determined in 

25 accordance with section 7871(d) of the InVerDate Sep 11 2014 19:13 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7341.IH H7341

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1 ternal Revenue Code), or an agency or in2 strumentality of a Tribal government or 

3 subdivision thereof; 

4 (ii) any Tribal organization (as the 

5 term ‘‘tribal organization’’ is defined in 

6 section 4(l) of the Indian Self-Determina7 tion and Education Assistance Act (25 

8 U.S.C. 5304(l)); 

9 (iii) any corporation if more than 50 

10 percent (determined by vote and value) of 

11 the outstanding stock of such corporation 

12 is owned, directly or indirectly, by any en13 tity described in subparagraph (A) or (B); 

14 or 

15 (iv) any partnership if more than 50 

16 percent of the value of the capital and 

17 profits interests of such partnership is 

18 owned, directly or indirectly, by any entity 

19 described in subparagraph (A) or (B); and 

20 (B) the term ‘‘Trival government’’ means 

21 the recognized governing body of any Indian or 

22 Alaska Native tribe, band, nation, pueblo, vil23 lage, community, component band, or compo24 nent reservation individually identified (includ25 ing parenthetically) in the list published most 


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1 recently as of the date of enactment of this Act 

2 pursuant to section 104 of the Federally Recog3 nized Indian Tribe List Act of 1994 (25 U.S.C. 

4 5131). 

Æ 


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