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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Hazard Pay for Essential Workers Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
TITLE I—HAZARD PAY FOR 
ESSENTIAL WORKERS 
SEC. 101. DEFINITIONS. 
In this title: 
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— 
The term ‘‘COVID–19 Public Health Emergency’’ 
means the public health emergency first declared on 
January 31, 2020, by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to 
COVID–19. 
(2) EMPLOYEE.—Except as provided in para-
graph (3)(C)(iii), the term ‘‘employee’’ means an in-
dividual (not employed by an entity excluded from 
the definition of the term ‘‘employer’’ for purposes 
of this title under paragraph (3)(B)) who is— 
(A) an employee, as defined in section 3(e) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)), except that a reference in such 
section 3(e) to an employer shall be considered 
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(I) each agency, office, or other 
establishment in the executive, legisla-
tive, or judicial branch of the Federal 
Government including those listed in 
clause (ii), except, only as provided in 
section 102(g)(2), the VA Office of 
Geriatrics & Extended Care of the 
Veterans Health Administration; 
(II) the United States Postal 
Service or the Postal Regulatory Com-
mission; or 
(III) a nonappropriated fund in-
strumentality under the jurisdiction of 
the Armed Forces. 
(ii) INCLUSIONS.—The agencies, of-
fices, are other establishments listed in this 
clause include— 
(I) each agency, office, or other 
establishment in the executive, legisla-
tive, or judicial branch of the Federal 
Government, including— 
(aa) an Executive agency, as 
that term is defined in section 
105 of title 5, United States 
Code; 
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(bb) a military department, 
as that term is defined in section 
102 of title 5, United States 
Code; 
(cc) the Federal Aviation 
Administration; 
(dd) the Transportation Se-
curity Administration; 
(ee) the Department of Vet-
erans Affairs; and 
(ff) the Government Ac-
countability Office; 
(II) the District of Columbia 
courts and the District of Columbia 
Public Defender Service; and 
(III)(aa) an Indian tribe or tribal 
organization carrying out a contract 
or compact under the Indian Self-De-
termination and Education Assistance 
Act (25 U.S.C. 5301 et seq.); 
(bb) an Indian tribe or tribal or-
ganization that receives a grant under 
the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.); and 
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(cc) an urban Indian organiza-
tion that receives a grant or carries 
out a contract under title V of the In-
dian Health Care Improvement Act 
(25 U.S.C. 1651 et seq.). 
(C) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce (including government), or 
in any industry or activity affecting 
commerce 
(including 
government), 
who employs 1 or more employees; 
(II) includes— 
(aa) any person who acts di-
rectly or indirectly in the interest 
of (within the meaning of section 
3(d) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(d))) 
an employer in relation to any of 
the employees of such employer; 
and 
(bb) any successor in inter-
est of an employer; 
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(III) except as provided in sub-
paragraph (B), includes any public 
agency, as defined in section 3(x) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(x)); 
(IV) includes any person de-
scribed in subclause (I) who conducts 
business as a not-for-profit organiza-
tion; 
(V) includes— 
(aa) an entity or person that 
contracts directly with a State, 
locality, Tribal government, or 
the Federal Government, to pro-
vide care (which may include 
items and services) through em-
ployees of such entity or person 
to individuals under the Medicare 
program under title XVIII of the 
Social Security Act (42 U.S.C. 
1395 et seq.), under a State 
Medicaid plan under title XIX of 
such Act (42 U.S.C. 1396 et 
seq.) or under a waiver of such 
plan, or under any other program 
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established or administered by a 
State, locality, Tribal govern-
ment, or the Federal Govern-
ment; 
(bb) a subcontractor of an 
entity or person described in item 
(aa); 
(cc) an individual client (or 
a representative on behalf of an 
individual client), an entity, or a 
person, that employs an indi-
vidual to provide care (which may 
include items and services) to the 
individual client under a self-di-
rected 
service 
delivery 
model 
through a program established or 
administered by a State, locality, 
Tribal government, or the Fed-
eral Government; or 
(dd) an individual client (or 
a representative on behalf of an 
individual client) that, on their 
own accord, employs an indi-
vidual to provide care (which may 
include items and services) to the 
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individual client using the indi-
vidual client’s own finances; 
(VI) includes the United States 
Postal Service; 
(VII) includes a nonappropriated 
fund instrumentality under the juris-
diction of the Armed Forces; and 
(VIII) includes, only with respect 
to section 102(g)(2), the VA Office of 
Geriatrics & Extended Care of the 
Veterans Health Administration. 
(ii) PUBLIC
AGENCY.—For purposes 
of this title, a public agency shall be con-
sidered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITION OF EMPLOYEE.—For 
purposes of clause (i), the term ‘‘em-
ployee’’ has the meaning given such term 
in section 3(e), except such term does not 
include any individual employed by entity 
excluded from the definition of the term 
‘‘employer’’ for purposes of this title under 
subparagraph (B). 
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(D) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(E) DEFINITION OF COMMERCE.—For pur-
poses of this paragraph, the terms ‘‘commerce’’ 
and ‘‘industry or activity affecting com-
merce’’— 
(i) mean any activity, business, or in-
dustry in commerce or in which a labor 
dispute would hinder or obstruct commerce 
or the free flow of commerce; 
(ii) include commerce and any indus-
try affecting commerce, as such terms are 
defined in paragraphs (1) and (3) of sec-
tion 501 of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 142(1) and 
(3)); and 
(iii) include commerce, as defined in 
section 3(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(b)) and as de-
scribed in section 2(a) of such Act (29 
U.S.C. 202(a)). 
(4) EMPLOYER
PAYROLL
TAXES.—The term 
‘‘employer payroll taxes’’ means— 
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(A) taxes imposed under sections 3111(b), 
3221(a) (but only to the extent attributable to 
the portion of such tax attributable to the tax 
imposed by section 3111(b)), 3221(b), and 
3301 of the Internal Revenue Code of 1986; 
and 
(B) taxes imposed by a State or local gov-
ernment on an employer with respect to 
amounts paid by such employer for work by em-
ployees. 
(5) ESSENTIAL
WORK.—The term ‘‘essential 
work’’ means any work that— 
(A) is performed during the period that be-
gins on January 27, 2020, and ends 60 days 
after the last day of the COVID–19 Public 
Health Emergency; 
(B) is not performed while teleworking 
from a residence; 
(C) involves— 
(i) 
regular 
in-person 
interactions 
with— 
(I) patients; 
(II) the public; or 
(III) coworkers of the individual 
performing the work; or 
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(ii) regular physical handling of items 
that were handled by, or are to be handled 
by— 
(I) patients; 
(II) the public; or 
(III) coworkers of the individual 
performing the work; and 
(D) is in any of the following areas: 
(i) First responder work, in the public 
sector or private sector, including services 
in response to emergencies that have the 
potential to cause death or serious bodily 
injury, such as police, fire, emergency med-
ical, protective, child maltreatment, domes-
tic violence, and correctional services (in-
cluding activities carried out by employees 
in fire protection activities, as defined in 
section 3(y) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(y)) and activi-
ties of law enforcement officers, as defined 
in section 1204(6) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10284(6)). 
(ii) Health care work physically pro-
vided in inpatient settings (including hos-
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pitals and other inpatient post-acute care 
settings such as nursing homes, inpatient 
rehabilitation facilities, and other related 
settings) and other work physically per-
formed in such inpatient settings that sup-
ports or is in furtherance of such health 
care work physically provided in inpatient 
settings. 
(iii) Health care work physically pro-
vided in outpatient settings (including at 
physician offices, community health cen-
ters, rural health clinics and other clinics, 
hospital 
outpatient 
departments, 
free-
standing emergency departments, ambula-
tory surgical centers, and other related set-
tings), and other work physically per-
formed in such inpatient settings that sup-
ports or is in furtherance of such health 
care work physically provided in outpatient 
settings. 
(iv) Pharmacy work, physically per-
formed in pharmacies, drug stores, or 
other retail facilities specializing in medical 
goods and supplies. 
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(v) Any work physically performed in 
a facility that performs medical testing and 
diagnostic services, including laboratory 
processing, medical testing services, or re-
lated activities. 
(vi) 
Home 
and 
community-based 
work, including home health care, residen-
tial care, assistance with activities of daily 
living, and any services provided by direct 
care workers (as defined in section 799B 
of the Public Health Service Act (42 
U.S.C. 295p)), personal care aides, job 
coaches, or supported employment pro-
viders, and any other provision of care to 
individuals in their homes by direct service 
providers, personal care attendants, and 
home health aides. 
(vii) Biomedical research regarding 
SARS–CoV–2 and COVID–19 that in-
volves the handling of hazardous materials 
such as COVID–19 samples. 
(viii) Behavioral health work requiring 
physical interaction with individuals, in-
cluding mental health services and sub-
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stance use disorder prevention, treatment, 
and recovery services. 
(ix) Nursing care and residential care 
work physically provided in a facility. 
(x) Family care, including child care 
services, in-home child care services such 
as nanny services, and care services pro-
vided by family members to other family 
members. 
(xi) Social services work, including so-
cial work, case management, social and 
human services, child welfare, family serv-
ices, shelter and services for people who 
have experienced intimate partner violence 
or sexual assault, services for individuals 
who are homeless, child services, commu-
nity food and housing services, and other 
emergency social services. 
(xii) Public health work conducted at 
State, local, territorial, and Tribal govern-
ment public health agencies, including epi-
demiological activities, surveillance, contact 
tracing, data analysis, statistical research, 
health education, and other disease detec-
tion, prevention, and response methods. 
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(xiii) Tribal vital services, as defined 
by the Commissioner of the Administration 
for Native Americans in consultation with 
Tribal governments and after conferring 
with urban Indian organizations. 
(xiv) Grocery work physically per-
formed at grocery stores, supermarkets, 
convenience stores, corner stores, drug 
stores, retail facilities specializing in med-
ical goods and supplies, bodegas, and other 
locations where individuals purchase non- 
prepared food items. 
(xv) Restaurant work, including carry- 
out, drive-thru, or food delivery work, re-
quiring physical interaction with individ-
uals or food products. 
(xvi) Food production work involving 
the physical interaction with food products, 
including all agricultural work, farming, 
fishing, forestry, ranching, processing, can-
ning, 
slaughtering, 
packaging, 
baking, 
butchering, and other food production 
work, such as any service or activity in-
cluded within the provisions of section 3(f) 
of the Fair Labor Standards Act of 1938 
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(29 U.S.C. 203(f)), or section 3121(g) of 
the Internal Revenue Code of 1986, and 
the handling, planting, drying, packing, 
packaging, processing, freezing, or grading 
prior to delivery for storage of any agricul-
tural or horticultural commodity in its un-
manufactured state. 
(xvii) Transportation work, includ-
ing— 
(I) any services in public trans-
portation, 
as 
defined 
in 
section 
5302(14) of title 49, United States 
Code; 
(II) any private transportation of 
people, such as transportation pro-
vided by air, rail, bus, taxicab, per-
sonal car or truck, non-motorized ve-
hicle, or otherwise, including all serv-
ices performed by individuals working 
in or on such vehicles, vehicle depots, 
or transit facilities; 
(III) any private transportation 
of goods in bulk, including transpor-
tation via heavy or light truck, rail, 
air, or otherwise; 
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(IV) any public or private trans-
portation of mail or packages; 
(V) any private transportation of 
food or other goods to individuals, in-
cluding in a personal car or truck, 
non-motorized vehicle, or otherwise; 
(VI) any services in passenger 
rail transportation, including com-
muter rail, intercity passenger rail, or 
Amtrak, including services performed 
by employees of contractors of such 
entities; 
(VII) any services in the trans-
portation of persons, property, or mail 
by an aircraft of an air carrier con-
ducting operations under part 121 of 
title 14, Code of Federal Regulations 
(or successor regulations), or a for-
eign air carrier within, to, or from the 
United States, either on board an air-
craft or on the ground at an airport, 
including services performed by em-
ployees of contractors of air carriers, 
or foreign air carriers, as described in 
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section 4111(3) of the CARES Act 
(Public Law 116–136); 
(VIII) any services as an aircraft 
mechanic or technician who performs 
maintenance, repair, or overhaul work 
on an aircraft of an air carrier con-
ducting operations under such part 
121 or foreign air carrier within the 
United States; 
(IX) services as maritime work-
ers who qualify as seamen under sec-
tion 10101(3) of title 46, United 
States Code, and other maritime em-
ployees including— 
(aa) longshoremen, harbor 
workers, and shipbuilders covered 
under 
section 
2(3) 
of 
the 
Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 
902(3)) involved in the transpor-
tation of merchandise or pas-
sengers by water; and 
(bb) shipbuilders and ship 
repairers who are working for an 
employer performing shipbuilding 
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or ship repair work under con-
tract or subcontract to the De-
partments of Defense, Energy, or 
Homeland Security for military 
or other national security pur-
poses; and 
(X) services as maritime trans-
portation workers supporting or ena-
bling transportation functions, includ-
ing such services as— 
(aa) barge workers, tug op-
erators, and port and facility se-
curity personnel; 
(bb) marine dispatchers; and 
(cc) workers who repair and 
maintain marine vessels (includ-
ing the equipment and infra-
structure that enables operations 
that encompass movement of 
cargo and passengers). 
(xviii) Work physically performed in a 
warehouse or other facility in warehousing 
(including all services performed by indi-
viduals picking, sorting, packing, and ship-
ping in warehouses), storage, distribution, 
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or call center support facilities, and other 
essential operational support functions that 
are necessary to accept, store, and process 
goods, and that facilitate the goods’ trans-
portation and delivery. 
(xix) Cleaning work and building 
maintenance work physically performed on 
the grounds of a facility, including all cus-
todial or janitorial services, security serv-
ices, and repair and maintenance services. 
(xx) Work in the collection, removal, 
transport, storage, or disposal of residen-
tial, industrial, or commercial solid waste 
and recycling, including services provided 
by individuals who drive waste or recycling 
trucks, who pick up waste or recycling 
from residential or commercial locations, 
or who work at waste or recycling centers 
or landfills. 
(xxi) Work in the gathering, proc-
essing, disseminating, and delivery of news 
and information that serves the public in-
terest to the public through mass media, 
including television, radio, and newspapers. 
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(xxii) Any work performed by an em-
ployee of a State, locality, or Tribal gov-
ernment, that is determined to be essential 
work by the highest authority of such 
State, locality, or Tribal government. 
(xxiii) Educational work, school nutri-
tion work, and other work required to op-
erate a school facility, including early 
childhood programs, preschool programs, 
elementary and secondary education, and 
higher education. 
(xxiv) Laundry work, including work 
in laundromats, laundry service companies, 
and dry cleaners. 
(xxv) Elections work physically per-
formed at polling places or otherwise 
amongst the public, including public-sector 
elections personnel and private-sector elec-
tions personnel. 
(xxvi) Hazardous materials manage-
ment, response, and cleanup work associ-
ated with any other essential work covered 
under this paragraph, including health 
care waste (including medical, pharma-
ceuticals, and medical material produc-
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tion), and testing operations (including 
laboratories processing test kits). 
(xxvii) Disinfection work for all facili-
ties and modes of transportation involved 
in other essential work covered under this 
paragraph. 
(xxviii) Work in critical clinical re-
search, development, and testing necessary 
for COVID–19 response that involves 
physical interaction with hazardous mate-
rials, such as samples of COVID–19. 
(xxix) Work in mortuary, funeral, cre-
mation, burial, cemetery, and related serv-
ices. 
(xxx) Work requiring physical inter-
actions with patients in physical therapy, 
occupational therapy, speech-language pa-
thology, and respiratory therapy and other 
therapy services. 
(xxxi) Dental care work requiring 
physical interaction with patients. 
(xxxii) Work performed by employees 
of the U.S. Postal Service. 
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(xxxiii) Work at hotel and commercial 
lodging facilities that are used for COVID– 
19 mitigation and containment measures. 
(xxxiv) Work installing or repairing a 
telecommunications line or equipment. 
(6) ESSENTIAL WORKER.—The term ‘‘essential 
worker’’ means an individual, whose work and duties 
include essential work, and who is— 
(A) an employee of an employer; or 
(B) an individual performing any services 
or labor for remuneration for an employer, re-
gardless of whether the individual is classified 
as an independent contractor by the employer. 
(7) ESSENTIAL WORK EMPLOYER.—The term 
‘‘essential work employer’’ means an employer who 
employs, or provides remuneration for services or 
labor to, an essential worker. 
(8) FLSA TERMS.—The terms ‘‘employ’’, ‘‘per-
son’’, ‘‘regular rate’’, and ‘‘State’’ have the mean-
ings given the terms in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(9) HIGHLY-COMPENSATED ESSENTIAL WORK-
ER.—The term ‘‘highly-compensated essential work-
er’’ means an essential worker who is paid the equiv-
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alent of $200,000 or more per year by an essential 
work employer. 
(10) LARGE
ESSENTIAL
WORK
EMPLOYER.— 
The term ‘‘large essential work employer’’ means an 
essential work employer who has more than 500 in-
dividuals who are employed by the employer or are 
otherwise providing services or labor for remunera-
tion for the employer. 
(11) SELF-DIRECTED
CARE
WORKER.—The 
term ‘‘self-directed care worker’’ means an indi-
vidual employed to provide care (which may include 
items and services) to an individual client— 
(A) under a self-directed service delivery 
model through a program established or admin-
istered by a State, locality, Tribal government, 
or the Federal Government; or 
(B) on the individual client’s own accord 
and using the individual client’s own finances. 
(12) TRIBAL
EMPLOYER.—The term ‘‘Tribal 
employer’’ means— 
(A) any Tribal government, a subdivision 
of a Tribal government (determined in accord-
ance with section 7871(d) of the Internal Rev-
enue Code), or an agency or instrumentality of 
a Tribal government or subdivision thereof; 
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(B) any Tribal organization (as the term 
‘‘tribal organization’’ is defined in section 4(l) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304(l))); 
(C) any corporation if more than 50 per-
cent (determined by vote and value) of the out-
standing stock of such corporation is owned, di-
rectly or indirectly, by any entity described in 
subparagraph (A) or (B); or 
(D) any partnership if more than 50 per-
cent of the value of the capital and profits in-
terests of such partnership is owned, directly or 
indirectly, by any entity described in subpara-
graph (A) or (B). 
(13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation individually identified (including 
parenthetically) in the list published most recently as 
of the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
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(14) WORK.—The term ‘‘work’’ means employ-
ment by, or engagement in providing labor or serv-
ices for, an employer. 
SEC. 102. PANDEMIC PREMIUM PAY FOR ESSENTIAL WORK-
ERS. 
(a) IN GENERAL.—Beginning 3 days after an essen-
tial work employer receives a grant under section 104 
from the Secretary of the Treasury, the essential work em-
ployer shall— 
(1) be required to comply with subsections (b) 
through (h); and 
(2) be subject to the enforcement requirements 
of section 105. 
(b) PANDEMIC PREMIUM PAY.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under section 104 shall, in accord-
ance with this subsection, provide each essential 
worker of the essential work employer with premium 
pay at a rate equal to $13 for each hour of work 
performed by the essential worker for the employer 
from January 27, 2020, until the date that is 60 
days after the last day of the COVID–19 Public 
Health Emergency. 
(2) MAXIMUM AMOUNTS.—The total amount of 
all premium pay under this subsection that an essen-
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amounts shall be paid as soon as practicable, but in 
no event later than the second paycheck (or other 
payment form) following the receipt of the grant by 
the essential work employer. 
(4) NO EMPLOYER DISCRETION.—An essential 
work employer receiving a grant under section 104 
shall not have any discretion to determine which 
portions of work performed by an essential worker 
qualify for premium pay under this subsection, but 
shall pay such premium pay for any increment of 
time worked by the essential worker for the essential 
work employer up to the maximum amount applica-
ble to the essential worker under paragraph (2). 
(c) PROHIBITION ON REDUCING COMPENSATION AND 
DISPLACEMENT.— 
(1) IN GENERAL.—Any payments made to an 
essential worker as premium pay under subsection 
(b) shall be in addition to all other compensation, in-
cluding all wages, remuneration, or other pay and 
benefits, that the essential worker otherwise receives 
from the essential work employer. 
(2) REDUCTION OF COMPENSATION.—An essen-
tial work employer receiving a grant under section 
104 shall not, during the period beginning on the 
date of enactment of this Act and ending on the 
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date that is 60 days after the last day of the 
COVID–19 Public Health Emergency, reduce or in 
any other way diminish, any other compensation, in-
cluding the wages, remuneration, or other pay or 
benefits, that the essential work employer provided 
to the essential worker on the day before the date 
of enactment of this Act. 
(3) DISPLACEMENT.—An essential work em-
ployer shall not take any action to displace an essen-
tial worker (including partial displacement such as a 
reduction in hours, wages, or employment benefits) 
for purposes of hiring an individual for an equivalent 
position at a rate of compensation that is less than 
is required to be provided to an essential worker 
under paragraph (2). 
(d) DEMARCATION FROM OTHER COMPENSATION.— 
The amount of any premium pay paid under subsection 
(b) shall be clearly demarcated as a separate line item in 
each paystub or other document provided to an essential 
worker that details the remuneration the essential worker 
received from the essential work employer for a particular 
period of time. If any essential worker does not otherwise 
regularly receive any such paystub or other document from 
the employer, the essential work employer shall provide 
such paystub or other document to the essential worker 
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for the duration of the period in which the essential work 
employer provides premium pay under subsection (b). 
(e) EXCLUSION
FROM
WAGE-BASED
CALCULA-
TIONS.—Any premium pay under subsection (b) paid to 
an essential worker under this section by an essential work 
employer receiving a grant under section 104 shall be ex-
cluded from the amount of remuneration for work paid 
to the essential worker for purposes of— 
(1) calculating the essential worker’s eligibility 
for any wage-based benefits offered by the essential 
work employer; 
(2) computing the regular rate at which such 
essential worker is employed under section 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207); 
and 
(3) determining whether such essential worker 
is exempt from application of such section 7 under 
section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)). 
(f) ESSENTIAL WORKER DEATH.— 
(1) IN GENERAL.—In any case in which an es-
sential worker of an essential work employer receiv-
ing a grant under section 104 exhibits symptoms of 
COVID–19 and dies, the essential work employer 
shall pay as a lump sum to the next of kin of the 
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essential worker for premium pay under subsection 
(b)— 
(A) for an essential worker who is not a 
highly-compensated 
essential 
worker, 
the 
amount determined under subsection (b)(2)(A) 
minus the total amount of any premium pay the 
worker received under subsection (b) prior to 
the death; or 
(B) for a highly-compensated essential 
worker, the amount determined under sub-
section (b)(2)(B) minus the amount of any pre-
mium pay the worker received under subsection 
(b) prior to the death. 
(2) TREATMENT OF LUMP SUM PAYMENTS.— 
(A) TREATMENT AS PREMIUM PAY.—For 
purposes of this title, any payment made under 
this subsection shall be treated as a premium 
pay under subsection (b). 
(B) TREATMENT
FOR
PURPOSES
OF
IN-
TERNAL
REVENUE
CODE
OF
1986.—For pur-
poses of the Internal Revenue Code of 1986, 
any payment made under this subsection shall 
be treated as a payment for work performed by 
the essential worker. 
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(g) APPLICATION TO SELF-DIRECTED CARE WORK-
ERS FUNDED THROUGH MEDICAID OR THE VETERAN-DI-
RECTED CARE PROGRAM.— 
(1) MEDICAID.—In the case of an essential 
work employer receiving a grant under section 104 
that is a covered employer described in section 
101(3)(C)(i)(V) who, under a State Medicaid plan 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) or under a waiver of such plan, 
has opted to receive items or services using a self- 
directed service delivery model, the preceding re-
quirements of this section, including the require-
ments to provide premium pay under subsection (b) 
(including a lump sum payment in the event of an 
essential worker death under subsection (f)) and the 
requirements of sections 104 and 105, shall apply to 
the State Medicaid agency responsible for the ad-
ministration of such plan or waiver with respect to 
self-directed care workers employed by that em-
ployer. In administering payments made under this 
title to such self-directed care workers on behalf of 
such employers, a State Medicaid agency shall— 
(A) exclude and disregard any payments 
made under this title to such self-directed work-
ers from the individualized budget that applies 
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to the items or services furnished to the indi-
vidual client employer under the State Medicaid 
plan or waiver; 
(B) to the extent practicable, administer 
and provide payments under this title directly 
to such self-directed workers through arrange-
ments with entities that provide financial man-
agement services in connection with the self-di-
rected service delivery models used under the 
State Medicaid plan or waiver; and 
(C) ensure that individual client employers 
of such self-directed workers are provided notice 
of, and comply with, the prohibition under sec-
tion 105(b)(1)(B). 
(2) VETERAN-DIRECTED
CARE
PROGRAM.—In 
the case of an essential work employer that is a cov-
ered employer described in section 101(3)(C)(i)(V) 
who is a veteran participating in the Veteran Di-
rected Care program administered by the VA Office 
of Geriatrics & Extended Care of the Veterans 
Health Administration, the preceding requirements 
of this section and sections 104 and 105, shall apply 
to such VA Office of Geriatrics & Extended Care 
with respect to self-directed care workers employed 
by that employer. Paragraph (1) of this subsection 
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shall apply to the administration by the VA Office 
of Geriatrics & Extended Care of payments made 
under this title to such self-directed care workers on 
behalf of such employers in the same manner as 
such requirements apply to State Medicaid agencies. 
(3) PENALTY
ENFORCEMENT.—The Secretary 
of Labor shall consult with the Secretary of Health 
and Human Services and the Secretary of Veterans 
Affairs regarding the enforcement of penalties im-
posed under section 105(b)(2) with respect to viola-
tions of subparagraph (A) or (B) of section 
105(b)(1) that involve self-directed workers for 
which the requirements of this section and sections 
104 and 105 are applied to a State Medicaid agency 
under paragraph (1) or the VA Office of Geriatrics 
& Extended Care under paragraph (2). 
(h) INTERACTION WITH STAFFORD ACT.—Nothing 
in this section shall nullify, supersede, or otherwise change 
a State’s ability to seek reimbursement under section 403 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) for the costs of pre-
mium pay based on pre-disaster labor policies for eligible 
employees. 
(i) CALCULATION OF PAID LEAVE UNDER FFCRA 
AND FMLA.— 
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(1) FAMILIES FIRST CORONAVIRUS RESPONSE 
ACT.—Section 5110(5)(B) of the Families First 
Coronavirus Response Act (29 U.S.C. 2601 note) is 
amended by adding at the end the following: 
‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 102(b) of the Hazard Pay 
for Essential Workers Act of 2020 shall be 
included as remuneration for employment 
paid to the employee for purposes of com-
puting the regular rate at which such em-
ployee is employed.’’. 
(2) FAMILY
AND
MEDICAL
LEAVE
ACT
OF 
1993.—Section 110(b)(2)(B) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is 
amended by adding at the end the following: 
‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 102(b) of the Hazard Pay 
for Essential Workers Act of 2020 shall be 
included as remuneration for employment 
paid to the employee for purposes of com-
puting the regular rate at which such em-
ployee is employed.’’. 
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SEC. 103. COVID–19 HAZARD FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘COVID–19 Hazard Fund’’ (referred to in this section as 
the ‘‘Fund’’), consisting of amounts appropriated to the 
fund under section 107. 
(b) FUND ADMINISTRATION.—The Fund shall be ad-
ministered by the Secretary of the Treasury. 
(c) USE OF FUNDS.—Amounts in the Fund shall be 
available to the Secretary of the Treasury for carrying out 
section 104. 
SEC. 104. COVID–19 HAZARD FUND GRANTS. 
(a) GRANTS.— 
(1) FOR PANDEMIC PREMIUM PAY.—The Sec-
retary of the Treasury shall, subject to the avail-
ability of amounts provided in this title, award a 
grant to each essential work employer that applies 
for a grant, in accordance with this section, for the 
purpose of providing premium pay to essential work-
ers under section 102(b), including amounts paid 
under section 102(f). 
(2) ELIGIBILITY.— 
(A) ELIGIBLE EMPLOYERS GENERALLY.— 
Any essential work employer shall be eligible for 
a grant under paragraph (1). 
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(B) SELF-DIRECTED CARE WORKERS.—A 
self-directed care worker employed by an essen-
tial work employer other than an essential work 
employer described in section 102(g), shall be 
eligible to apply for a grant under paragraph 
(1) in the same manner as an essential work 
employer. Such a worker shall provide premium 
pay to himself or herself in accordance with this 
section, including the recordkeeping and refund 
requirements of this section. 
(b) AMOUNT OF GRANTS.— 
(1) IN GENERAL.—The maximum amount avail-
able for making a grant under subsection (a)(1) to 
an essential work employer shall be equal to the sum 
of— 
(A) the amount obtained by multiplying 
$10,000 by the number of essential workers the 
employer certifies, in the application submitted 
under subsection (c)(1), as employing, or pro-
viding remuneration to for services or labor, 
who are paid wages or remuneration by the em-
ployer at a rate that is less than the equivalent 
of $200,000 per year; and 
(B) the amount obtained by multiplying 
$5,000 by the number of highly-compensated 
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essential workers the employer certifies, in the 
application submitted under subsection (c)(1), 
as employing, or providing remuneration to for 
services or labor, who are paid wages or remu-
neration by the employer at a rate that is equal 
to or greater than the equivalent of $200,000 
per year. 
(2) NO
PARTIAL
GRANTS.—The Secretary of 
the Treasury shall not award a grant under this sec-
tion in an amount less than the maximum described 
in paragraph (1). 
(c) GRANT APPLICATION AND DISBURSAL.— 
(1) APPLICATION.—Any essential work em-
ployer seeking a grant under subsection (a)(1) shall 
submit an application to the Secretary of the Treas-
ury at such time, in such manner, and complete with 
such information as the Secretary may require. 
(2) NOTICE AND CERTIFICATION.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall, within 15 days after receiving a 
complete application from an essential work em-
ployer eligible for a grant under this section— 
(i) notify the employer of the Sec-
retary’s findings with respect to the re-
quirements for the grant; and 
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(ii)(I) if the Secretary finds that the 
essential work employer meets the require-
ments under this section for a grant under 
subsection (a), provide a certification to 
the employer— 
(aa) that the employer has met 
such requirements; or 
(bb) of the amount of the grant 
payment that the Secretary has deter-
mined the employer shall receive 
based on the requirements under this 
section; or 
(II) if the Secretary finds that the es-
sential work employer does not meet the 
requirements under this section for a grant 
under subsection (a), provide a notice of 
denial stating the reasons for the denial 
and provide an opportunity for administra-
tive review by not later than 10 days after 
the denial. 
(B) TRANSFER.—Not later than 7 days 
after making a certification under subpara-
graph (A)(ii) with respect to an essential work 
employer, the Secretary of the Treasury shall 
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make the appropriate transfer to the employer 
of the amount of the grant. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under this section shall use the 
amount of the grant solely for the following pur-
poses: 
(A) Providing premium pay under section 
102(b) to essential workers in accordance with 
the requirements for such payments under such 
section, including providing payments described 
in section 102(f) to the next of kin of essential 
workers in accordance with the requirements 
for such payments under such section. 
(B) Paying employer payroll taxes with re-
spect to premium pay amounts described in 
subparagraph (A), including such payments de-
scribed in section 102(f). 
Each dollar of a grant received by an essential work 
employer under this title shall be used as provided 
in subparagraph (A) or (B) or returned to the Sec-
retary of the Treasury. 
(2) NO OTHER USES AUTHORIZED.—An essen-
tial work employer who uses any amount of a grant 
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for a purpose not required under paragraph (1) shall 
be— 
(A) considered to have misused funds in 
violation of section 102; and 
(B) subject to the enforcement and rem-
edies provided under section 105. 
(3) REFUND.— 
(A) IN
GENERAL.—If an essential work 
employer receives a grant under this section 
and, for any reason, does not provide every dol-
lar of such grant to essential workers in accord-
ance with the requirements of this title, then 
the employer shall refund any such dollars to 
the Secretary of the Treasury not later than 
June 30, 2021. Any amounts returned to the 
Secretary shall be deposited into the Fund and 
be available for any additional grants under this 
section. 
(B) REQUIREMENT
FOR
NOT
REDUCING 
COMPENSATION.—An essential work employer 
who is required to refund any amount under 
this paragraph shall not reduce or otherwise di-
minish an eligible worker’s compensation or 
benefits in response to or otherwise due to such 
refund. 
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(e) RECORDKEEPING.—An essential work employer 
that receives a grant under this section shall— 
(1) maintain records, including payroll records, 
demonstrating how each dollar of funds received 
through the grant were provided to essential work-
ers; and 
(2) provide such records to the Secretary of the 
Treasury or the Secretary of Labor upon the request 
of either such Secretary. 
(f) RECOUPMENT.—In addition to all other enforce-
ment and remedies available under this title or any other 
law, the Secretary of the Treasury shall establish a process 
under which the Secretary shall recoup the amount of any 
grant awarded under subsection (a)(1) if the Secretary de-
termines that the essential work employer receiving the 
grant— 
(1) did not provide all of the dollars of such 
grant to the essential workers of the employer; 
(2) did not, in fact, have the number of essen-
tial workers certified by the employer in accordance 
with subparagraphs (A) and (B) of subsection 
(b)(1); 
(3) did not pay the essential workers for the 
number of hours the employer claimed to have paid; 
or 
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(4) otherwise misused funds or violated this 
title. 
(g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF 
TRIBAL EMPLOYERS.—Essential workers of Tribal em-
ployers who receive funds under title II shall not be eligi-
ble to receive funds from grants under this section. 
(h) TAX TREATMENT.— 
(1) EXCLUSION FROM INCOME.—For purposes 
of the Internal Revenue Code of 1986, any grant re-
ceived by an essential work employer under this sec-
tion shall not be included in the gross income of 
such essential work employer. 
(2) DENIAL OF DOUBLE BENEFIT.— 
(A) IN GENERAL.—In the case of an essen-
tial work employer that receives a grant under 
this section— 
(i) amounts paid under subsection (b) 
or (f) of section 102 shall not be taken 
into account as wages for purposes of sec-
tions 41, 45A, 51, or 1396 of the Internal 
Revenue Code of 1986 or section 2301 of 
the CARES Act (Public Law 116–136); 
and 
(ii) any deduction otherwise allowable 
under such Code for applicable payments 
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during any taxable year shall be reduced 
(but not below zero) by the excess (if any) 
of— 
(I) the aggregate amounts of 
grants received under this section; 
over 
(II) the sum of any amount re-
funded under subsection (d) plus the 
aggregate amount of applicable pay-
ments made for all preceding taxable 
years. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means amounts paid as premium 
pay under subsection (b) or (f) of section 102 
and amounts paid for employer payroll taxes 
with respect to such amounts. 
(C) AGGREGATION
RULE.—Rules similar 
to the rules of subsections (a) and (b) of section 
52 of the Internal Revenue Code of 1986 shall 
apply for purposes of this section. 
(3) INFORMATION REPORTING.—The Secretary 
of the Treasury shall submit to the Commissioner of 
Internal Revenue statements containing— 
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(A) the name and tax identification num-
ber of each essential work employer receiving a 
grant under this section; 
(B) the amount of such grant; and 
(C) any amounts refunded under section 
(d)(3). 
(i) REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
obligating the last dollar of the funds appropriated 
under this title, the Secretary of the Treasury shall 
submit a report, to the Committees of Congress de-
scribed in paragraph (2), that— 
(A) certifies that all funds appropriated 
under this title have been obligated; and 
(B) indicates the number of pending appli-
cations for grants under this section that will 
be rejected due to the lack of funds. 
(2) COMMITTEES OF CONGRESS.—The Commit-
tees of Congress described in this paragraph are— 
(A) the Committee on Ways and Means of 
the House of Representatives; 
(B) the Committee on Education and 
Labor of the House of Representatives; 
(C) the Committee on Finance of the Sen-
ate; and 
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(D) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
SEC. 105. ENFORCEMENT AND OUTREACH. 
(a) DUTIES OF SECRETARY OF LABOR.—The Sec-
retary of Labor shall— 
(1) have authority to enforce the requirements 
of section 102, in accordance with subsections (b) 
through (e); 
(2) conduct outreach as described in subsection 
(f); and 
(3) coordinate with the Secretary of the Treas-
ury as needed to carry out the Secretary of Labor’s 
responsibilities under this section. 
(b) PROHIBITED ACTS, PENALTIES, AND ENFORCE-
MENT.— 
(1) PROHIBITED ACTS.—It shall be unlawful for 
a person to— 
(A) violate any provision of section 102 ap-
plicable to such person; or 
(B) discharge or in any other manner dis-
criminate against any essential worker because 
such essential worker has filed any complaint or 
instituted or caused to be instituted any pro-
ceeding under or related to this title, or has tes-
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tified or is about to testify in any such pro-
ceeding. 
(2) ENFORCEMENT AND PENALTIES.— 
(A) PREMIUM PAY VIOLATIONS.—A viola-
tion described in paragraph (1)(A) shall be 
deemed a violation of section 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 207) 
and unpaid amounts required under this section 
shall be treated as unpaid overtime compensa-
tion under such section 7 for the purposes of 
sections 15 and 16 of such Act (29 U.S.C. 215 
and 216). 
(B) DISCHARGE
OR
DISCRIMINATION.—A 
violation of paragraph (1)(B) shall be deemed a 
violation of section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)). 
(c) INVESTIGATION.— 
(1) IN GENERAL.—To ensure compliance with 
the provisions of section 102, including any regula-
tion or order issued under that section, the Sec-
retary of Labor shall have the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)). For the 
purposes of any investigation provided for in this 
subsection, the Secretary of Labor shall have the 
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subpoena authority provided for under section 9 of 
such Act (29 U.S.C. 209). 
(2) STATE AGENCIES.—The Secretary of Labor 
may, for the purpose of carrying out the functions 
and duties under this section, utilize the services of 
State and local agencies in accordance with section 
11(b) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(b)). 
(d) ESSENTIAL WORKER ENFORCEMENT.— 
(1) RIGHT OF ACTION.—An action alleging a 
violation of paragraph (1) or (2) of subsection (b) 
may be maintained against an essential work em-
ployer receiving a grant under section 104 in any 
Federal or State court of competent jurisdiction by 
one or more essential workers or their representative 
for and on behalf of the essential workers, or the es-
sential workers and others similarly situated, in the 
same manner, and subject to the same remedies (in-
cluding attorney’s fees and costs of the action), as 
an action brought by an employee alleging a viola-
tion of section 7 or 15(a)(3), respectively, of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207, 
215(a)(3)). 
(2) NO WAIVER.—In an action alleging a viola-
tion of paragraph (1) or (2) of subsection (b) 
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brought by one or more essential workers or their 
representative for and on behalf of the persons as 
described in paragraph (1), to enforce the rights in 
section 102, no court of competent jurisdiction may 
grant the motion of an essential work employer re-
ceiving a grant under section 104 to compel arbitra-
tion, under chapter 1 of title 9, United States Code, 
or any analogous State arbitration statute, of the 
claims involved. An essential worker’s right to bring 
an action described in paragraph (1) or subsection 
(b)(2)(A) on behalf of similarly situated essential 
workers to enforce such rights may not be subject to 
any private agreement that purports to require the 
essential workers to pursue claims on an individual 
basis. 
(e) RECORDKEEPING.—An essential work employer 
receiving a grant under section 104 shall make, keep, and 
preserve records pertaining to compliance with section 102 
in accordance with section 11(c) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 211(c)) and in accordance 
with regulations prescribed by the Secretary of Labor. 
(f) OUTREACH AND EDUCATION.—Out of amounts 
appropriated to the Secretary of the Treasury under sec-
tion 107 for a fiscal year, the Secretary of the Treasury 
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shall transfer to the Secretary of Labor, $3,000,000, of 
which the Secretary of Labor shall use— 
(1) $2,500,000 for outreach to essential work 
employers and essential workers regarding the pre-
mium pay under section 102; and 
(2) $500,000 to implement an advertising cam-
paign encouraging large essential work employers to 
provide the same premium pay provided for by sec-
tion 102 using the large essential work employers’ 
own funds and without utilizing grants under this 
title. 
(g) CLARIFICATION
OF ENFORCING OFFICIAL.— 
Nothing in the Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(C)) shall be construed to prevent the Secretary 
of Labor from carrying out the authority of the Secretary 
under this section in the case of State employees described 
in section 304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)). 
SEC. 106. FUNDING FOR THE DEPARTMENT OF THE TREAS-
URY OFFICE OF INSPECTOR GENERAL. 
There is appropriated, out of money in the Treasury 
not otherwise appropriated, to the Office of the Inspector 
General of the Department of the Treasury, $1,000,000 
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to carry out audits, investigations, and other oversight ac-
tivities authorized under the Inspector General Act of 
1978 (5 U.S.C. App.) that are related to the provisions 
of, and amendments made by, this title, to remain avail-
able until December 31, 2022. 
SEC. 107. AUTHORIZATION AND APPROPRIATIONS. 
There is authorized to be appropriated, and there is 
hereby appropriated, $180,000,000,000 to carry out this 
title, to remain available until expended. 
Æ 
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