,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fgji ,,in ,,the ,,house ,,of ,,representatives ,may #e1 #bjbj,mr4 ,cartwright 7for himself1 ,ms4 ,snchez1 ,ms4 ,jackson ,lee1 ,ms4 ,schakowsky1 ,mr4 ,perlmutter1 ,mr4 ,ryan1 and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee 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 workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,coronavirus ,frontline ,workers ,fair ,pay ,act4 #b4 ,hazard payments for high-risk health care workers and essential workers 7a7 ,general rule ,the ,secretary shall make hazard payments in accordance with this section for high-risk health care workers and essential workers4 7b7 ,fund 7#a7 ,establishment ,for the purpose of making payments under this section1 not later than #de days after the date of the enactment of this ,act1 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 7hereafter in this section referred to as the ,fund74 7#b7 ,appropriations to fund ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 such sums as may be necessary to carry out this ,act4 7c7 ,hazard payments 7#a7 ,in general ,the ,secretary shall make hazard payments from the ,fund each coronavirus hazard payment quarter in accordance with this subsection4 7#b7 ,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 ,act4 7#c7 ,high-risk health care worker ,for purposes of this section-- 7,a7 ,determination of payment ,in the case of a high-risk health care worker1 the hazard payment for such worker shall be the aggregate of #ah4ej for each hour in which the worker provided high-risk health care services 7excluding hours provided as telework hours74 7,b7 ,limitations 7i7 ,aggregate amount ,the aggregate amount allowed for all payments to a high-risk health care worker pursuant to paragraph 7#a7 shall not exceed-- 7,i7 #ce1jjj in the case of a worker whose annual earned income for calendar year #bjbj is #bjj1jjj or less2 and 7,,ii7 #ae1jjj in the case of a worker whose estimated annual earned income for calendar year #bjbj is greater than #bjj1jjj4 7ii7 ,weekly limit ,the aggregate number of hours taken into account for purposes of subparagraph 7,a7 shall not exceed #dj hours per week4 7,c7 ,high-risk health care worker defined 7i7 ,in general ,the term high-risk health care worker means-- 7,i7 an individual working in a health care occupation1 including-- 7aa7 physicians2 7bb7 nurses2 7cc7 surgeons2 7dd7 surgical assistants2 7ee7 physician assistants2 7ff7 neurologists2 7gg7 cardiologists2 7hh7 anesthesiologists2 7ii7 obstetricians and gynecologists2 7jj7 pediatricians2 7kk7 medical and clinical laboratory technologists2 7ll7 emergency medical technicians2 7mm7 paramedics2 7nn7 home health and personal care aides2 7oo7 nursing assistants2 7pp7 orderlies2 7qq7 diagnostic medical sonographers and medical dosimetrists2 and 7rr7 cardiovascular1 nuclear medicine1 radiologic1 and magnetic resonance imaging technologists2 and 7,,ii7 an individual who is providing or supporting the provision of health care services for the treatment of ,covid-#ai1 as determined by the ,secretary4 7#d7 ,essential worker ,for purposes of this section-- 7,a7 ,determination of payment ,in the case of an essential worker who is not a high-risk health care worker under subsection 7c77#c71 the hazard payment for such individual shall be the aggregate of #ac4jj for each hour in which the essential worker provided essential services 7excluding hours provided as telework hours74 7,b7 ,limitations 7i7 ,aggregate amount ,the aggregate amount allowed for all payments to an essential worker under subparagraph 7,a7 shall not exceed-- 7,i7 #be1jjj in the case of an essential worker whose annual earned income from providing essential services for calendar year #bjbj is #bjj1jjj or less2 and 7,,ii7 #e1jjj in the case of an essential worker whose annual earned income from providing essential services for calendar year #bjbj is greater than #bjj1jjj4 7ii7 ,weekly limit ,the aggregate number of hours taken into account for purposes of subparagraph 7,a7 shall not exceed #dj hours per week4 7,c7 ,essential worker ,not later than #cj days after the date of the enactment of this ,act1 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 section4 ,in defining the term essential worker1 the ,cybersecurity and ,infrastructure ,security ,agency shall take into consideration its ,april #agth ,advisory ,memorandum on ,identification of ,essential ,critical ,infrastructure ,workers ,during ,covid-#ai ,response and shall solicit public input4 7,d7 ,coronavirus hazard payment quarter 7i7 ,in general ,the term coronavirus hazard payment quarter means #ij-;day periods in calendar year #bjbj beginning on the date of the enactment of this ,act1 except for the last #ij-;day period 7which will end on the last day of the #ij-;day period in calendar year #bjbj or on ,december #ca1 #bjbj1 whichever occurs first74 7ii7 ,special rule before enactment ,for purposes of making payments under this section1 the period beginning on or after ,january #bg1 #bjbj1 and ending with the date of the enactment of this ,act shall be treated as one quarter and payments shall be made a lump sum4 7#e7 ,process 7,a7 ,submission to ,secretary ,beginning not later than #fj days after the date of the enactment of this ,act1 each employer shall submit to the ,secretary for each coronavirus hazard payment quarter-- 7i7 a projection of payments of the regular rate of pay for such quarter for employees who are high-risk health care workers or essential workers2 7ii7 a certification of such payments for the preceding quarter2 7iii7 the rate of pay for each employee who is a high-risk health care worker or an essential worker2 and 7iv7 the number of hours each employee provided health care service or essential service each week4 7,b7 ,development of process and evaluation criteria ,for purposes of this section1 the ,secretary shall develop-- 7i7 a process for submitting applications under this section1 including a process for correcting such applications2 and 7ii7 a criteria for evaluating each such application4 7d7 ,distribution of payments 7#a7 ,payments to employer ,beginning not later than #ge days after the date of the enactment of this ,act1 the ,secretary shall make coronavirus hazard payments under subsection 7c77#a7 on the basis of projections under subparagraph 7,a77i77,i7 of such subsection and shall make appropriate adjustments for any surplus or deficit certified for the previous quarter under subparagraph 7,a77i77,,ii7 of such subsection4 7#b7 ,payments to employee 7,a7 ,in general ,from amounts paid to the employer under paragraph 7#a71 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 #ad days after the date the employer receives such amounts1 taking into account the appropriate adjustments for any surplus or deficit certified for the previous quarter4 7,b7 ,requirement to provide hazard payments ,the requirement to make the appropriate hazard payment under subparagraph 7,a7 shall apply to an employer after the employer receives the amounts paid to the employer pursuant to paragraph 7#a74 7#c7 ,treatment of self-employed individuals ,for purposes of this section1 an individual with net earnings from self-employment 7as defined in section #adjb7;a7 of the ,internal ,revenue ,code of #aihf7 shall be treated as an employer1 except that an employer 7within the meaning of section #dja7;c77#e7 of the ,internal ,revenue ,code of #aihf7 may make an election 7in such manner as the ,secretary may provide7 to be the employer for such purposes4 7#d7 ,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-- 7,a7 to make the payments described in paragraph 7#b72 and 7,b7 to be bound by such other terms and conditions as the ,secretary may prescribe4 7e7 ,special rules relating to payments ,for purposes of this section-- 7#a7 ,payments not treated as compensation ,payments made under subsection 7c7 shall not be-- 7,a7 treated as compensation with respect to wages1 overtime1 or any other form of remuneration under the ,fair ,labor ,standards ,act of #aich2 and 7,b7 taken into account for purposes of determinations with respect to benefits provided by the employer4 7#b7 ,coronavirus hazard payments disregarded in administration of ,federal programs ,notwithstanding any other provision of law1 a coronavirus hazard payment made to any individual under this title shall not be taken into account as income1 and shall not be taken into account as resources for a period of #ab months from receipt1 for purposes of determining the eligibility of such individual for benefits or assistance 7or the amount or extent of benefits or assistance7 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7f7 ,protections 7#a7 ,in general ,with respect to an employee who is a high-risk health care worker or an essential worker1 an employer may not-- 7,a7 reduce the regular rate of pay of the employee because the employee received a hazard payment under this section2 or 7,b7 discriminate against the employee because the employee received a hazard payment under this section1 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 pay4 7#b7 ,enforcement under ,fair ,labor ,standards ,act ,an employer shall be treated as violating section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 if the employer-- 7,a7 does not make a hazard payment under subsection 7d77#b72 7,b7 violates a provision under paragraph 7#a72 or 7,c7 does not abide by a term1 condition1 or regulation imposed by the ,secretary under subsections 7c71 7d71 and 7h74 7g7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,earned income ,the term earned income has the meaning given such term by section #cb7;c7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,employee ,the terms employee has the meaning given the term under section #c of the of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc71 which includes ,federal employees employed by the ,transportation ,security ,administration of the ,department of ,homeland ,security4 7#c7 ,employer ,the term employer has the meaning given the term under section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#d7 ,regular rate ,the term regular rate has the meaning given the term under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7h7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section1 including-- 7#a7 guidance with respect to maintaining employee records2 7#b7 applying this section with respect to individuals who are compensated on other than an hourly basis2 7#c7 a procedure for ensuring that former employees are entitled to payments under this section2 and 7#d7 beginning after ,december #ca1 #bjbj1 a procedure for resolving any overpayments and underpayments under this section to individuals by the return of tax due for taxable years beginning in #bjbj4