I 
116TH CONGRESS 
2D SESSION 
H. R. 6709 
To direct the Secretary of the Treasury to establish a coronavirus fund 
to provide hazard payments to high-risk health care workers and essential 
workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2020 
Mr. CARTWRIGHT (for himself, Ms. SA´NCHEZ, Ms. JACKSON LEE, Ms. SCHA-
KOWSKY, Mr. PERLMUTTER, Mr. RYAN, and Mr. TONKO) introduced the 
following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To direct the Secretary of the Treasury to establish a 
coronavirus fund to provide hazard payments to high- 
risk health care workers and essential workers, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coronavirus Frontline 
Workers Fair Pay Act’’. 
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SEC. 2. HAZARD PAYMENTS FOR HIGH-RISK HEALTH CARE 
WORKERS AND ESSENTIAL WORKERS. 
(a) GENERAL RULE.—The Secretary shall make haz-
ard payments in accordance with this section for high-risk 
health care workers and essential workers. 
(b) FUND.— 
(1) ESTABLISHMENT.—For the purpose of 
making payments under this section, not later than 
45 days after the date of the enactment of this Act, 
the Secretary of the Treasury shall establish an ac-
count in the Treasury to be known as the ‘‘Corona-
virus Essential and High-Risk Health Care Workers 
Hazard Payment Fund’’ (hereafter in this section 
referred to as the ‘‘Fund’’). 
(2) APPROPRIATIONS TO FUND.—There is ap-
propriated, out of amounts in the Treasury not oth-
erwise appropriated, for the fiscal year ending Sep-
tember 30, 2020, such sums as may be necessary to 
carry out this Act. 
(c) HAZARD PAYMENTS.— 
(1) IN GENERAL.—The Secretary shall make 
hazard payments from the Fund each coronavirus 
hazard payment quarter in accordance with this sub-
section. 
(2) ENTITLEMENT TO HAZARD PAYMENT.—In-
dividuals who are high-risk health care workers and 
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essential workers as determined pursuant to this Act 
are entitled to hazard payments under this Act. 
(3) HIGH-RISK HEALTH CARE WORKER.—For 
purposes of this section— 
(A) DETERMINATION
OF
PAYMENT.—In 
the case of a high-risk health care worker, the 
hazard payment for such worker shall be the 
aggregate of $18.50 for each hour in which the 
worker provided high-risk health care services 
(excluding hours provided as telework hours). 
(B) LIMITATIONS.— 
(i) AGGREGATE AMOUNT.—The aggre-
gate amount allowed for all payments to a 
high-risk health care worker pursuant to 
paragraph (1) shall not exceed— 
(I) $35,000 in the case of a 
worker whose annual earned income 
for calendar year 2020 is $200,000 or 
less; and 
(II) $15,000 in the case of a 
worker 
whose 
estimated 
annual 
earned income for calendar year 2020 
is greater than $200,000. 
(ii) WEEKLY
LIMIT.—The aggregate 
number of hours taken into account for 
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purposes of subparagraph (A) shall not ex-
ceed 40 hours per week. 
(C) HIGH-RISK
HEALTH
CARE
WORKER 
DEFINED.— 
(i) IN
GENERAL.—The term ‘‘high- 
risk health care worker’’ means— 
(I) an individual working in a 
health care occupation, including— 
(aa) physicians; 
(bb) nurses; 
(cc) surgeons; 
(dd) surgical assistants; 
(ee) physician assistants; 
(ff) neurologists; 
(gg) cardiologists; 
(hh) anesthesiologists; 
(ii) obstetricians and gyne-
cologists; 
(jj) pediatricians; 
(kk) medical and clinical 
laboratory technologists; 
(ll) emergency medical tech-
nicians; 
(mm) paramedics; 
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(nn) home health and per-
sonal care aides; 
(oo) nursing assistants; 
(pp) orderlies; 
(qq) diagnostic medical so-
nographers and medical dosime-
trists; and 
(rr) cardiovascular, nuclear 
medicine, radiologic, and mag-
netic resonance imaging tech-
nologists; and 
(II) an individual who is pro-
viding or supporting the provision of 
health care services for the treatment 
of Covid–19, as determined by the 
Secretary. 
(4) ESSENTIAL WORKER.—For purposes of this 
section— 
(A) DETERMINATION
OF
PAYMENT.—In 
the case of an essential worker who is not a 
high-risk health care worker under subsection 
(c)(3), the hazard payment for such individual 
shall be the aggregate of $13.00 for each hour 
in which the essential worker provided essential 
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services (excluding hours provided as telework 
hours). 
(B) LIMITATIONS.— 
(i) AGGREGATE AMOUNT.—The aggre-
gate amount allowed for all payments to 
an essential worker under subparagraph 
(A) shall not exceed— 
(I) $25,000 in the case of an es-
sential worker whose annual earned 
income from providing essential serv-
ices 
for 
calendar 
year 
2020 
is 
$200,000 or less; and 
(II) $5,000 in the case of an es-
sential worker whose annual earned 
income from providing essential serv-
ices for calendar year 2020 is greater 
than $200,000. 
(ii) WEEKLY
LIMIT.—The aggregate 
number of hours taken into account for 
purposes of subparagraph (A) shall not ex-
ceed 40 hours per week. 
(C) ESSENTIAL WORKER.—Not later than 
30 days after the date of the enactment of this 
Act, the Director of the Cybersecurity and In-
frastructure Security Agency shall issue a defi-
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nition of essential worker for the purposes of 
making payments to essential workers under 
this section. In defining the term essential 
worker, the Cybersecurity and Infrastructure 
Security Agency shall take into consideration 
its April 17th ‘‘Advisory Memorandum on Iden-
tification of Essential Critical Infrastructure 
Workers During Covid-19 Response’’ and shall 
solicit public input. 
(D) 
CORONAVIRUS
HAZARD
PAYMENT 
QUARTER.— 
(i) IN GENERAL.—The term ‘‘corona-
virus hazard payment quarter’’ means 90- 
day periods in calendar year 2020 begin-
ning on the date of the enactment of this 
Act, except for the last 90-day period 
(which will end on the last day of the 90- 
day period in calendar year 2020 or on 
December 31, 2020, whichever occurs 
first). 
(ii) SPECIAL
RULE
BEFORE
ENACT-
MENT.—For purposes of making payments 
under this section, the period beginning on 
or after January 27, 2020, and ending 
with the date of the enactment of this Act 
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shall be treated as one quarter and pay-
ments shall be made a lump sum. 
(5) PROCESS.— 
(A) SUBMISSION TO SECRETARY.—Begin-
ning not later than 60 days after the date of 
the enactment of this Act, each employer shall 
submit to the Secretary for each coronavirus 
hazard payment quarter— 
(i) a projection of payments of the 
regular rate of pay for such quarter for 
employees who are high-risk health care 
workers or essential workers; 
(ii) a certification of such payments 
for the preceding quarter; 
(iii) the rate of pay for each employee 
who is a high-risk health care worker or an 
essential worker; and 
(iv) the number of hours each em-
ployee provided health care service or es-
sential service each week. 
(B) DEVELOPMENT
OF
PROCESS
AND 
EVALUATION CRITERIA.—For purposes of this 
section, the Secretary shall develop— 
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(i) a process for submitting applica-
tions under this section, including a proc-
ess for correcting such applications; and 
(ii) a criteria for evaluating each such 
application. 
(d) DISTRIBUTION OF PAYMENTS.— 
(1) PAYMENTS TO EMPLOYER.—Beginning not 
later than 75 days after the date of the enactment 
of this Act, the Secretary shall make coronavirus 
hazard payments under subsection (c)(1) on the 
basis of projections under subparagraph (A)(i)(I) of 
such subsection and shall make appropriate adjust-
ments for any surplus or deficit certified for the pre-
vious quarter under subparagraph (A)(i)(II) of such 
subsection. 
(2) PAYMENTS TO EMPLOYEE.— 
(A) IN GENERAL.—From amounts paid to 
the employer under paragraph (1), the employer 
shall make the appropriate hazard payment to 
each employee who is a high-risk health care 
worker or an essential worker not later than 14 
days after the date the employer receives such 
amounts, taking into account the appropriate 
adjustments for any surplus or deficit certified 
for the previous quarter. 
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(B) REQUIREMENT TO PROVIDE HAZARD 
PAYMENTS.—The requirement to make the ap-
propriate hazard payment under subparagraph 
(A) shall apply to an employer after the em-
ployer receives the amounts paid to the em-
ployer pursuant to paragraph (1). 
(3) TREATMENT OF SELF-EMPLOYED INDIVID-
UALS.—For purposes of this section, an individual 
with net earnings from self-employment (as defined 
in section 1402(a) of the Internal Revenue Code of 
1986) shall be treated as an employer, except that 
an employer (within the meaning of section 
401(c)(5) of the Internal Revenue Code of 1986) 
may make an election (in such manner as the Sec-
retary may provide) to be the employer for such pur-
poses. 
(4) TREATMENT OF EMPLOYERS.—An employer 
may not receive a payment under this section unless 
the employer has entered into an agreement in writ-
ing with the Secretary— 
(A) to make the payments described in 
paragraph (2); and 
(B) to be bound by such other terms and 
conditions as the Secretary may prescribe. 
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(e) SPECIAL RULES RELATING TO PAYMENTS.—For 
purposes of this section— 
(1) PAYMENTS NOT TREATED AS COMPENSA-
TION.—Payments made under subsection (c) shall 
not be— 
(A) treated as compensation with respect 
to wages, overtime, or any other form of remu-
neration under the Fair Labor Standards Act 
of 1938; and 
(B) taken into account for purposes of de-
terminations with respect to benefits provided 
by the employer. 
(2) CORONAVIRUS
HAZARD
PAYMENTS
DIS-
REGARDED IN ADMINISTRATION OF FEDERAL PRO-
GRAMS.—Notwithstanding any other provision of 
law, a coronavirus hazard payment made to any in-
dividual under this title shall not be taken into ac-
count as income, and shall not be taken into account 
as resources for a period of 12 months from receipt, 
for purposes of determining the eligibility of such in-
dividual for benefits or assistance (or the amount or 
extent of benefits or assistance) under any Federal 
program or under any State or local program fi-
nanced in whole or in part with Federal funds. 
(f) PROTECTIONS.— 
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(1) IN GENERAL.—With respect to an employee 
who is a high-risk health care worker or an essential 
worker, an employer may not— 
(A) reduce the regular rate of pay of the 
employee because the employee received a haz-
ard payment under this section; or 
(B) discriminate against the employee be-
cause the employee received a hazard payment 
under this section, including terminating the 
employment of the employee with the intent to 
reinstate the employee at a regular rate of pay 
that is lower than the previous rate of pay. 
(2) ENFORCEMENT UNDER FAIR LABOR STAND-
ARDS ACT.—An employer shall be treated as vio-
lating section 6 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206) if the employer— 
(A) does not make a hazard payment 
under subsection (d)(2); 
(B) violates a provision under paragraph 
(1); or 
(C) does not abide by a term, condition, or 
regulation imposed by the Secretary under sub-
sections (c), (d), and (h). 
(g) OTHER DEFINITIONS AND SPECIAL RULES.—For 
purposes of this section— 
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(1) EARNED INCOME.—The term ‘‘earned in-
come’’ has the meaning given such term by section 
32(c) of the Internal Revenue Code of 1986. 
(2) EMPLOYEE.—The terms ‘‘employee’’ has 
the meaning given the term under section 3 of the 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203), which includes Federal employees employed by 
the Transportation Security Administration of the 
Department of Homeland Security. 
(3) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term under section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(4) REGULAR RATE.—The term ‘‘regular rate’’ 
has the meaning given the term under section 7 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
207). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(h) REGULATIONS.—The Secretary shall issue such 
regulations or other guidance as may be necessary or ap-
propriate to carry out this section, including— 
(1) guidance with respect to maintaining em-
ployee records; 
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(2) applying this section with respect to individ-
uals who are compensated on other than an hourly 
basis; 
(3) a procedure for ensuring that former em-
ployees are entitled to payments under this section; 
and 
(4) beginning after December 31, 2020, a pro-
cedure for resolving any overpayments and under-
payments under this section to individuals by the re-
turn of tax due for taxable years beginning in 2020. 
Æ 
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