,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gcda ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbj,mr4 ,connolly 7for himself1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,ms4 ,norton1 ,mr4 ,sarbanes1 ,mrs4 ,lawrence1 ,mr4 ,lynch1 ,mr4 ,raskin1 ,mr4 ,gomez1 and ,ms4 ,speier7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committees on ,house ,administration1 the ,judiciary1 ,ways and ,means1 and ,education and ,labor1 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 provide support and flexibility for the ,federal workforce during the ,,covid-#ai pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,workforce ,health and ,safety ,during the ,pandemic ,act4 #b4 ,reimbursement for child and family care for ,federal employees during ,,covid-#ai pandemic 7a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on ,december #ca1 #bjbj1 any employee who is unable to care for a dependent child of the employee or a relative of the employee who has ,,covid-#ai as a result of the employee being required to report to their duty station 7either permanent or temporary7 or to telework shall be entitled to reimbursement for the costs of such care4 7b7 ,application 7#a7 ,in general ,any payment provided by operation of subsection 7a7 shall be paid on a monthly basis1 with payments being made to the employee on the last day of each month4 7#b7 ,submission of receipts ,for purposes of determining reimbursement amounts1 each employee shall submit to their employing office receipts or other documents as the office may require4 7#c7 ,limit ,reimbursement may not be paid to any employee under this section for any month in an amount greater than #b1jjj per child or relative4 7c7 ,definitions ,in this section-- 7#a7 the term employee means-- 7,a7 an employee of the ,library of ,congress2 7,b7 an employee of the ,government ,accountability ,office2 7,c7 a covered employee as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 other than an applicant for employment2 7,d7 a covered employee as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,e7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 or 7,f7 any other individual occupying a position in the civil service 7as that term is defined in section #baja7a7 of title #e1 ,united ,states ,code72 and 7#b7 the terms dependent child and relative have the meaning given those terms in paragraphs 7#b7 and 7#af71 respectively1 of section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 #c4 ,requirement to telework 7a7 ,in general ,effective immediately upon the date of enactment of this ,act1 the head of any ,federal agency shall require any employee of such agency who is authorized to telework under chapter #fe of title #e1 ,united ,states ,code1 or any other provision of law1 to telework during the period beginning on the date of enactment of this ,act and ending on ,december #ca1 #bjbj4 7b7 ,definitions ,in this section-- 7#a7 the term employee has the meaning given that term in section #b7;c77#a72 and 7#b7 the term telework has the meaning given that term in section #feja7c7 of title #e1 ,united ,states ,code4 #d4 ,weather and safety leave for ,,covid-#ai 7a7 ,weather and safety leave 7#a7 ,in general ,notwithstanding any other provision of law1 including subsection 7b7 of section #fcbi;c of title #e1 ,united ,states ,code1 during the period beginning on the date of enactment of this ,act and ending on ,december #ca1 #bjbj1 any employee who is prevented from safely traveling to or performing work at an approved location as a result of the ,,covid-#ai pandemic1 or who is prevented from performing work in order to care for a child1 relative of the employee1 or other individual as a result of the ,,covid-#ai pandemic1 shall be provided weather and safety leave under such section4 7#b7 ,rule of construction ,notwithstanding subparagraph 7,b7 of subsection 7a77#b77;,b7 of such section #fcbi;c1 intermittent employees described in such subparagraph shall be eligible for the leave provided by paragraph 7#a7 of this subsection4 7#c7 ,definition of employee ,in this subsection1 the term employee has the meaning given that term in section #b7;c77#a74 7b7 ,approved location ,section #fcbi;c7a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 the term approved location means any location at which an employee has been approved to perform work1 including any ,federal office1 a teleworking site1 or other location as determined by the head of the agency at which the employee is employed4 4 #e4 ,effect of dependent care on telework eligibility 7a7 ,title #e employees ,section #fejb7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#c7 ,dependent care 7,a7 ,in general ,the presence of a dependent individual at the location from which an employee teleworks shall have no effect on the eligibility of such employee to telework if such dependent individual is cared for by a caregiver other than such employee while such employee is teleworking4 7,b7 ,temporary unavailability of caregiver ,the temporary unavailability of a caregiver described in subparagraph 7,a7 does not affect the eligibility of the relevant employee to telework if-- 7i7 such unavailability is due to unusual or extraordinary circumstances2 and 7ii7 an alternative caregiver is not reasonably available4 7,c7 ,dependent individual defined ,in this paragraph1 the term dependent individual means a dependent child or relative 7as such terms are defined in paragraphs 7#b7 and 7#af71 respectively1 of section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app477 who is dependent on the employee for care4 4 7b7 ,other applicable employees ,with respect to any employee not covered under chapter #fe of title #e1 ,united ,states ,code1 the terms and conditions with respect to dependent care and teleworking under section #fejb7;a77#c7 of such title 7as added by subsection 7a77 shall apply4 ,in this subsection1 the term employee has the meaning given that term under section #b7;c77#a71 but does not include an employee as defined in section #feja7a7 of such title4 7c7 ,rule of construction ,nothing in this section shall alter or otherwise affect the rights1 remedies1 and procedures related to dependent care under the terms of any collective bargaining agreement4 #f4 ,presumption of eligibility for workers' compensation benefits for ,federal employees diagnosed with coronavirus 7a7 ,in general ,an employee who is diagnosed with ,,covid-#ai during the period described in subsection 7b77#b77;,a7 shall1 with respect to any claim made by or on behalf of the employee for benefits under subchapter ,i of chapter #ha of title #e1 ,united ,states ,code1 be deemed to have an injury proximately caused by exposure to coronavirus arising out of the nature of the employee's employment and be presumptively entitled to such benefits1 including disability compensation1 medical services1 and survivor benefits4 7b7 ,definitions ,in this section-- 7#a7 the term coronavirus means ,,sars-,co,v-#b or another coronavirus with pandemic potential2 and 7#b7 the term employee-- 7,a7 means an employee as that term is defined in section #haja7a7 of title #e1 ,united ,states ,code1 7including an employee of the ,united ,states ,postal ,service1 the ,transportation ,security ,administration1 or the ,department of ,veterans ,affairs1 including any individual appointed under chapter #gc or #gd of title #ch1 ,united ,states ,code7 employed in the ,federal service at anytime during the period beginning on ,january #bg1 #bjbj1 and ending on ,january #cj1 #bjbb-- 7i7 who carried out duties requiring contact with patients1 members of the public1 or co-workers2 or 7ii7 whose duties include a risk of exposure to the coronavirus2 and 7,b7 does not include any employee otherwise covered by subparagraph 7,a7 who is teleworking on a full-time basis during all of such period4 #g4 ,pandemic ,duty ,differential 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means-- 7i7 each agency1 office1 or other establishment in the executive1 legislative1 or judicial branch of the ,federal ,government1 including-- 7,i7 an ,executive agency1 as that term is defined in section #aje of title #e1 ,united ,states ,code2 7,,ii7 a military department1 as that term is defined in section #ajb of title #e1 ,united ,states ,code2 7,,iii7 the ,federal ,aviation ,administration2 7,,iv7 the ,transportation ,security ,administration2 7,v7 the ,department of ,veterans ,affairs2 7,,vi7 the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7,,vii7 the ,government ,accountability ,office2 7ii7 the ,district of ,columbia courts and the ,district of ,columbia ,public ,defender ,service2 and 7iii7 7,i7 an ,indian tribe or tribal organization carrying out a contract or compact under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq472 7,,ii7 an ,indian tribe or tribal organization that receives a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq472 and 7,,iii7 an urban ,indian organization that receives a grant or carries out a contract under title ,v of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afea et seq472 and 7,b7 does not include a nonappropriated fund instrumentality under the jurisdiction of the ,armed ,forces2 7#b7 the term covered duty-- 7,a7 means duty that requires-- 7i7 an employee to have regular or routine contact with the public2 or 7ii7 the reporting of an employee to a worksite at which-- 7,i7 social distancing is not possible1 consistent with the regularly assigned duties of the position of the employee2 and 7,,ii7 other preventative measures with respect to ,,covid-#ai are not available2 and 7,b7 does not include duty that an employee performs while teleworking from a residence2 7#c7 the term covered period means the period beginning on the date on which the ,secretary of ,health and ,human ,services declared a public health emergency under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai and ending on the date that is #fj days after the date on which that public health emergency terminates2 7#d7 the term employee-- 7,a7 means an employee of an agency2 7,b7 includes-- 7i7 any employee of an agency who occupies a position within the ,general ,schedule under subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code2 7ii7 any employee of an agency whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter ,,iv of chapter #ec of title #e1 ,united ,states ,code1 or by a wage board or similar administrative authority serving the same purpose2 7iii7 an official or employee of an ,indian tribe1 tribal organization1 or urban ,indian organization described in paragraph 7#a77;,a77iii72 7iv7 each employee of the ,department of ,veterans ,affairs1 including an employee appointed under chapter #gd of title #ch1 ,united ,states ,code1 without regard to whether section #gdba7;a7 of that title1 section #gdbe7;b7 of that title1 or any other provision of chapter #gd of that title is inconsistent with that inclusion2 and 7v7 any other individual occupying a position in the civil service1 as that term is defined in section #baja of title #e1 ,united ,states ,code2 and 7,c7 does not include-- 7i7 a member of the uniformed services1 as that term is defined in section #baja of title #e1 ,united ,states ,code2 7ii7 an employee of an agency who occupies a position within the ,executive ,schedule under any of sections #ecab through #ecaf of title #e1 ,united ,states ,code2 7iii7 an individual in a ,senior ,executive ,service position1 unless the individual is a career appointee1 as those terms are defined in section #cacb7;a7 of title #e1 ,united ,states ,code2 7iv7 an individual serving in a position of a confidential or policy-determining character under ,schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulations2 7v7 a member of the ,senate or ,house of ,representatives1 a ,delegate to the ,house of ,representatives1 or the ,resident ,commissioner from ,puerto ,rico2 or 7vi7 an employee of the personal office of an individual described in clause 7v71 of a leadership office of the ,senate or the ,house of ,representatives1 of a committee of the ,senate or the ,house of ,representatives1 or of a joint committee of ,congress2 and 7#e7 the term employer payroll taxes means-- 7,a7 taxes imposed under sections #caaa7;b71 #cbba7;a7 7but only to the extent attributable to the portion of such tax attributable to the tax imposed by section #caaa7;b771 #cbba7;b71 and #ccja of the ,internal ,revenue ,code of #aihf2 and 7,b7 taxes imposed by a ,state or local government on an employer with respect to amounts paid by such employer for work by employees4 7b7 ,pandemic duty differential 7#a7 ,in general ,there is established a schedule of pay differentials for covered duty as follows3 7,a7 ,an employee is entitled to pay for that covered duty at the rate of basic pay1 which includes any differential or other premium pay paid for regularly scheduled work of the employee other than the differential established under this section1 of the employee plus premium pay of #ac per hour4 7,b7 ,the total amount of premium pay paid to an employee under subparagraph 7,a7 shall be-- 7i7 with respect to an employee whose annual rate of basic pay is less than #bjj1jjj1 not more than #aj1jjj reduced by employer payroll taxes with respect to such premium pay2 and 7ii7 with respect to an employee whose annual rate of basic pay is not less than #bjj1jjj1 not more than #e1jjj reduced by employer payroll taxes with respect to such premium pay4 7#b7 ,pay 7,a7 ,in general ,with respect to the covered period1 an employee is entitled to be paid the applicable differential established under paragraph 7#a7 for any period1 including any period during the covered period that precedes the date of enactment of this ,act1 in which the employee is carrying out covered duty1 subject to the applicable limitations under that paragraph4 7,b7 ,retroactive payment ,with respect to a payment earned by an employee under this subsection for a period during the covered period that precedes the date of enactment of this ,act1 the employee shall be paid that payment in a lump sum payment as soon as is practicable after that date of enactment4 7#c7 ,guidance and regulations 7,a7 ,executive branch 7i7 ,in general ,the ,office of ,personnel ,management shall develop criteria for agencies in the executive branch of the ,federal ,government regarding the means by which to determine the eligibility of an employee in such an agency for the pay differential established under this subsection1 which shall-- 7,i7 be based on-- 7aa7 the duties performed by the employee2 7bb7 the setting in which the employee performs the duties described in item 7aa72 and 7cc7 the interactions with the public required in order for the employee to perform the duties described in item 7aa72 and 7,,ii7 apply equally to all such agencies4 7ii7 ,regulations ,the ,office of ,personnel ,management may prescribe regulations implementing the pay differential under this subsection with respect to employees in the executive branch of the ,federal ,government4 7,b7 ,other branches1 certain ,,dc employees1 and certain ,tribal officials 7i7 ,in general ,the employing authority for each agency that is not in the executive branch of the ,federal ,government-- 7,i7 shall develop criteria regarding the means by which to determine the eligibility of an employee in such an agency for the pay differential established under this subsection2 and 7,,ii7 may prescribe regulations implementing the pay differential under this subsection with respect to employees in the applicable agency4 7ii7 ,consistency with ,,opm guidance and regulations ,any criteria developed1 and regulations prescribed1 by an agency under clause 7i7 shall1 to the extent practicable1 be comparable to any criteria developed and regulations prescribed by the ,office of ,personnel ,management under subparagraph 7,a74 7c7 ,limitation on premium pay 7#a7 ,in general ,notwithstanding subsections 7a7 and 7b7 of section #eedg of title #e1 ,united ,states ,code1 or a provision of any other ,federal1 ,state1 or ,tribal law that imposes a limitation on the amount of premium pay 7including any premium pay paid under subsection 7b7 and any overtime pay paid for covered duty7 that may be payable to an employee1 an employee may be paid such premium pay to the extent that the payment does not cause the aggregate of basic pay and such premium pay for service performed in that calendar year by that employee to exceed the annual rate of basic pay payable for level ,,ii of the ,executive ,schedule1 as of the end of the calendar year4 7#b7 ,applicability of aggregate limitation on pay ,in determining whether a payment to an employee is subject to the limitation under section #ecjg7;a7 of title #e1 ,united ,states ,code1 a payment described in paragraph 7#a7 shall not apply4 7#c7 ,applicability of ,,cares ,act ,the authority provided under this subsection shall be considered to be in addition to1 and not a replacement for1 the authority provided under section #ahaaj of title ,,viii of the ,,cares ,act 7,public ,law #aaf-acf74 7#d7 ,retroactive effect ,this subsection shall take effect as if enacted on the date on which the covered period began4 7d7 ,appropriation 7#a7 ,appropriation ,there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj1 to remain available until expended1 for the offices and agencies described in paragraph 7#b7 to carry out subsections 7b7 and 7c7 and to make transfers authorized under paragraph 7#c7 of this subsection4 7#b7 ,offices and agencies ,the offices and agencies described in this paragraph are-- 7,a7 the ,office of the ,sergeant at ,arms and ,doorkeeper of the ,senate2 7,b7 the ,office of the ,clerk of the ,house of ,representatives2 7,c7 the ,office of the ,sergeant at ,arms of the ,house of ,representatives2 7,d7 the ,office of the ,chief ,administrative ,officer of the ,house of ,representatives2 7,e7 the ,office of the ,attending ,physician2 7,f7 the ,capitol ,police2 7,g7 the ,office of the ,architect of the ,capitol2 7,h7 the ,library of ,congress2 7,i7 the ,government ,publishing ,office2 7,j7 the ,government ,accountability ,office2 7,k7 the ,office of ,personnel ,management2 7,l7 the ,administrative ,office of the ,united ,states ,courts2 7,m7 the ,district of ,columbia ,courts2 and 7,n7 the ,district of ,columbia ,public ,defender ,service4 7#c7 ,transfer authority 7,a7 ,,opm ,the ,office of ,personnel ,management may transfer funds made available under this subsection to other ,federal agencies within the executive branch to reimburse such agencies for costs incurred to implement this section4 7,b7 ,,aousc ,the ,administrative ,office of the ,united ,states ,courts may transfer funds made available under this subsection to other entities within the judicial branch to reimburse the entities for costs incurred to implement this section4 7e7 ,coordination with other benefits 7#a7 ,disregard for purposes of ,federal and state programs ,any payment provided under this section shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following #ab months1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7#b7 ,amounts not taken into account for purposes of premium tax credit 7,a7 ,in general ,for purposes of determining modified adjusted gross income under section #cf;,b7d77#b77;,b7 of the ,internal ,revenue ,code of #aihf1 adjusted gross income shall be reduced by any amounts received by reason of subsection 7b74 7,b7 ,exception ,subparagraph 7,a7 shall not apply to the extent such reduction results in an amount of household income 7as defined in section #cf;,b7d77#b77;,a7 of such ,code7 of a taxpayer that is less than #ajj percent of the poverty line 7as defined in section #cf;,b7d77#c7 of such ,code7 for a family of the size involved 7as determined under the rules of section #cf;,b7d77#a7 of such ,code74 7,c7 ,reporting 7i7 ,in general ,any employer that makes an applicable payment during a calendar year shall include as a separately stated item on any written statement required under section #fjea of the ,internal ,revenue ,code of #aihf or any return or statement required by the ,secretary of the ,treasury 7or the ,secretary's delegate7 with respect to nonemployee compensation the aggregate amount of each type of applicable payments so made4 7ii7 ,applicable payments ,for purposes of this subparagraph1 the term applicable payments means amounts paid by reason of subsection 7b74 7#c7 ,employment tax treatment for amounts paid through grants 7,a7 ,in general ,for purposes of section #caaa7;a7 of the ,internal ,revenue ,code of #aihf1 any amounts required to be paid by reason of this section shall not be considered wages4 7,b7 ,railroad retirement taxes ,for purposes of section #cbba7;a7 of the ,internal ,revenue ,code of #aihf1 the amount of tax imposed under such section for any calendar year in which an employer is required to pay amounts under this section shall be equal to the sum of-- 7i7 the product of the rate in effect under section #caaa7;a7 of such ,code and the compensation 7reduced by any amounts required to be paid by reason of this section7 paid during any calendar year by such employer for services rendered to such employer2 and 7ii7 the product of the rate in effect under section #caaa7;b7 of such ,code and the compensation paid during any calendar year by such employer for services rendered to such employer4 7,c7 ,self-employed individuals 7i7 ,in general ,in the case of the tax imposed by section #adja7;a7 of the ,internal ,revenue ,code of #aihf1 the self-employment income for any taxable year in which the individual received a payment required to be made under this section shall be reduced by #ej percent of the amount of payments so made4 7ii7 ,regulatory authority ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe regulations or other guidance for the application of sections #afd7;f7 and #adjb7;a77#ab7 of the ,internal ,revenue ,code of #aihf with respect to amounts to which clause 7i7 applies4 7,d7 ,transfers to trust funds ,there are hereby appropriated to the ,federal ,old ,age and ,survivors ,insurance ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund established under section #bja of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7 and the ,social ,security ,equivalent ,benefit ,account established under section #ae;,a7a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bcan-#a7;a77 amounts equal to the reduction in revenues to the ,treasury by reason of this paragraph 7without regard to this subparagraph74 ,amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such ,trust ,fund or ,account had this subsection not been enacted4 7f7 ,clarification of coordination with other laws 7#a7 ,essential workers rights and benefits ,nothing in this section shall be construed to allow noncompliance with or in any way to diminish1 and shall instead be construed to be in addition to1 the rights or benefits that an essential worker is entitled to under any-- 7,a7 ,federal1 ,state1 or local law1 including regulation2 7,b7 collective bargaining agreement2 or 7,c7 employer policy4 7#b7 ,title #e ,nothing in this section shall be construed to affect the application of the provisions of sections #ecdc or #eede of title #e1 ,united ,states ,code1 with respect to pay differentials for duty involving unusual physical hardship or hazard1 or environmental differentials4 7g7 ,applicability of ,fair ,labor ,standards ,act of #aich to sovereign ,tribal employers 7#a7 ,in general ,the receipt of any funds under subsection 7b71 7c71 or 7d7 by a sovereign ,tribal employer shall not expand1 constrict1 or alter the application of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 to such sovereign ,tribal employer4 7#b7 ,definitions ,in this subsection-- 7,a7 the term ,tribal employer means-- 7i7 any ,tribal government1 a subdivision of a ,tribal government 7determined in accordance with section #ghga7;d7 of the ,internal ,revenue ,code71 or an agency or instrumentality of a ,tribal government or subdivision thereof2 7ii7 any ,tribal organization 7as the term tribal organization is defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7l772 7iii7 any corporation if more than #ej percent 7determined by vote and value7 of the outstanding stock of such corporation is owned1 directly or indirectly1 by any entity described in subparagraph 7,a7 or 7,b72 or 7iv7 any partnership if more than #ej percent of the value of the capital and profits interests of such partnership is owned1 directly or indirectly1 by any entity described in subparagraph 7,a7 or 7,b72 and 7,b7 the term ,trival government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74