Coronavirus Frontline Workers Fair Pay Act
Bill: H.R.3020 | Sponsor: Rep. Cartwright, Matt (D-PA)
Policy area: Labor and Employment

Summary:
Coronavirus Frontline Workers Fair Pay Act  This bill provides hazard pay, in addition to regular pay, to health care and essential workers for specified periods during the COVID-19 public health emergency. Health care workers, which include physicians and support staff, among others, are eligible for a maximum of $35,000 in aggregate hazard pay. Essential workers, as determined by the Cybersecurity and Infrastructure Security Agency, are eligible for a maximum of $25,000 in aggregate hazard pay.
The Department of the Treasury must make payments to employers based on an employer's quarterly projections of the number of hours worked by eligible employees, including specified hours worked prior to the enactment of this bill. Employers must issue hazard payments to eligible employees not later than 14 days after receiving payments from Treasury.  The bill establishes and provides funding for the Coronavirus Essential and High-Risk Health Care Workers Hazard Payment Fund to implement this program.

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 Representatives 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''.

SEC. 2. HAZARD PAYMENTS FOR HIGH-RISK HEALTH CARE WORKERS AND ESSENTIAL 
              WORKERS.

    (a) General Rule.--The Secretary shall make hazard 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 account in the Treasury to be known as the 
        ``Coronavirus 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 appropriated, out of 
        amounts in the Treasury not otherwise appropriated, for the 
        fiscal year ending September 30, 2021, 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 subsection.
            (2) Entitlement to hazard payment.--Individuals who are 
        high-risk health care workers and 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 aggregate 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 purposes of 
                        subparagraph (A) shall not exceed 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) physician assistants;
                                            (cc) podiatrists;
                                            (dd) respiratory 
                                        therapists;
                                            (ee) registered nurses;
                                            (ff) nurse anesthetists;
                                            (gg) nurse midwives;
                                            (hh) nurse practitioners;
                                            (ii) anesthesiologists;
                                            (jj) dermatologists;
                                            (kk) emergency medicine 
                                        physicians;
                                            (ll) family medicine 
                                        physicians;
                                            (mm) general internal 
                                        medicine physicians;
                                            (nn) neurologists;
                                            (oo) obstetricians and 
                                        gynecologists;
                                            (pp) pediatricians, 
                                        general;
                                            (qq) physicians, 
                                        pathologists;
                                            (rr) psychiatrists;
                                            (ss) radiologists;
                                            (tt) physicians, all other;
                                            (uu) ophthalmologists, 
                                        except pediatric;
                                            (vv) orthopedic surgeons, 
                                        except pediatric;
                                            (ww) pediatric surgeons;
                                            (xx) surgeons, all other;
                                            (yy) medical and clinical 
                                        laboratory technologists;
                                            (zz) medical and clinical 
                                        laboratory technicians;
                                            (aaa) cardiovascular 
                                        technologists and technicians;
                                            (bbb) diagnostic medical 
                                        sonographers;
                                            (ccc) nuclear medicine 
                                        technologists;
                                            (ddd) radiologic 
                                        technologists and technicians;
                                            (eee) magnetic resonance 
                                        imaging technologists;
                                            (fff) medical dosimetrists;
                                            (ggg) emergency medical 
                                        technicians;
                                            (hhh) paramedics;
                                            (iii) pharmacy technicians;
                                            (jjj) psychiatric 
                                        technicians;
                                            (kkk) surgical 
                                        technologists;
                                            (lll) licensed practical 
                                        and licensed vocational nurses;
                                            (mmm) surgical assistants;
                                            (nnn) home health aides;
                                            (ooo) personal care aides;
                                            (ppp) nursing assistants;
                                            (qqq) orderlies; and
                                            (rrr) psychiatric aides; 
                                        and
                                    (II) an individual who is providing 
                                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 services (excluding hours provided as 
                telework hours).
                    (B) Limitations.--
                            (i) Aggregate amount.--The aggregate amount 
                        allowed for all payments to an essential worker 
                        under subparagraph (A) shall not exceed--
                                    (I) $25,000 in the case of an 
                                essential worker whose annual earned 
                                income from providing essential 
                                services for calendar year 2020 is 
                                $200,000 or less; and
                                    (II) $5,000 in the case of an 
                                essential worker whose annual earned 
                                income from providing essential 
                                services 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 exceed 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 Infrastructure Security Agency 
                shall issue a definition 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 Identification of Essential Critical 
                Infrastructure Workers During COVID-19 Response'' and 
                shall solicit public input.
                    (D) Coronavirus hazard payment quarter.--
                            (i) In general.--The term ``coronavirus 
                        hazard payment quarter'' means 90-day periods 
                        in calendar years 2020 and 2021 beginning on or 
                        after January 27, 2020, except for the last 90-
                        day period (which will end on the last day a 
                        COVID-19 Public Health Emergency is in effect 
                        in the location of employment (as determined by 
                        the Secretary of the Treasury in consultation 
                        with the Secretary of Health and Human 
                        Services) or on September 30, 2021, whichever 
                        occurs first).
                            (ii) Special rule before enactment.--For 
                        purposes of making payments under this section, 
                        the period beginning on January 27, 2020, and 
                        ending with the date of the enactment of this 
                        Act shall be treated as one quarter and 
                        payments shall be made a lump sum.
            (5) Process.--
                    (A) Submission to secretary.--Beginning 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 employee 
                        provided health care service or essential 
                        service each week.
                    (B) Development of process and evaluation 
                criteria.--For purposes of this section, the Secretary 
                shall develop--
                            (i) a process for submitting applications 
                        under this section, including a process 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 adjustments for any 
        surplus or deficit certified for the previous 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.
                    (B) Requirement to provide hazard payments.--The 
                requirement to make the appropriate hazard payment 
                under subparagraph (A) shall apply to an employer after 
                the employer receives the amounts paid to the employer 
                pursuant to paragraph (1).
            (3) Treatment of self-employed individuals.--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 Secretary may provide) to be the employer 
        for such purposes.
            (4) Treatment of employers.--An employer may not receive a 
        payment under this section unless the employer has entered into 
        an agreement in writing 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.
    (e) Special Rules Relating to Payments.--For purposes of this 
section--
            (1) Payments not treated as compensation.--Payments made 
        under subsection (c) shall not be--
                    (A) treated as compensation with respect to wages, 
                overtime, or any other form of remuneration under the 
                Fair Labor Standards Act of 1938; and
                    (B) taken into account for purposes of 
                determinations with respect to benefits provided by the 
                employer.
            (2) Coronavirus hazard payments disregarded in 
        administration of federal programs.--Notwithstanding any other 
        provision of law, a coronavirus hazard payment made to any 
        individual under this title shall not be taken into account 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 individual for benefits or assistance 
        (or the amount or extent of benefits or assistance) under any 
        Federal program or under any State or local program financed in 
        whole or in part with Federal funds.
    (f) Protections.--
            (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 hazard payment under 
                this section; or
                    (B) discriminate against the employee because 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 standards act.--An 
        employer shall be treated as violating 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 subsections 
                (c), (d), and (h).
    (g) Other Definitions and Special Rules.--For purposes of this 
section--
            (1) Earned income.--The term ``earned income'' has the 
        meaning given such term by section 32(c) of the Internal 
        Revenue Code of 1986.
            (2) Employee.--The term ``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 appropriate to carry out this 
section, including--
            (1) guidance with respect to maintaining employee records;
            (2) applying this section with respect to individuals who 
        are compensated on other than an hourly basis;
            (3) a procedure for ensuring that former employees are 
        entitled to payments under this section; and
            (4) beginning after December 31, 2020, a procedure for 
        resolving any overpayments and underpayments under this section 
        to individuals by the return of tax due for taxable years 
        beginning in 2020.
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