,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcdi ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjbj,mr4 ,van ,drew introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on ,ways and ,means1 ,energy and ,commerce1 ,veterans' ,affairs1 ,oversight and ,reform1 and ,house ,administration1 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 hazard pay to frontline essential workers employed during the ,,covid-#ai pandemic4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hazard ,pay for ,essential ,workers ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,hazard ,pay for ,essential ,workers,sec4 #aja4 ,definitions4,sec4 #ajb4 ,pandemic premium pay for essential workers4,sec4 #ajc4 ,,covid-#ai ,hazard ,fund4,sec4 #ajd4 ,,covid-#ai ,hazard ,fund grants4,sec4 #aje4 ,enforcement and outreach4,sec4 #ajf4 ,funding for the ,department of the ,treasury ,office of ,inspector ,general4,sec4 #ajg4 ,authorization and appropriations4 ,i ,hazard ,pay for ,essential ,workers #aja4 ,definitions ,in this title3 7#a7 ,,covid-#ai public health emergency ,the term ,,covid-#ai ,public ,health ,emergency means the public health emergency first declared on ,january #ca1 #bjbj1 by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai4 7#b7 ,employee ,except as provided in paragraph 7#c77;,c77iii71 the term employee means an individual 7not employed by an entity excluded from the definition of the term employer for purposes of this title under paragraph 7#c77;,b77 who is-- 7,a7 an employee1 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 except that a reference in such section #c7;e7 to an employer shall be considered to be a reference to an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#c77;,a72 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 or 7,c7 an employee of a ,tribal employer4 7#c7 ,employer 7,a7 ,in general ,the term employer means1 except as provided in subparagraph 7,b71 a person who is-- 7i7 7,i7 a covered employer1 as defined in subparagraph 7,c72 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 or 7,,iii7 a ,tribal employer2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government74 7,b7 ,exclusion of executive1 legislative1 and judicial entities 7i7 ,in general ,the term employer does not include-- 7,i7 each agency1 office1 or other establishment in the executive1 legislative1 or judicial branch of the ,federal ,government including those listed in clause 7ii71 except1 only as provided in section #ajb7;g77#b71 the ,,va ,office of ,geriatrics ,extended ,care of the ,veterans ,health ,administration2 7,,ii7 the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission2 or 7,,iii7 a nonappropriated fund instrumentality under the jurisdiction of the ,armed ,forces4 7ii7 ,inclusions ,the agencies1 offices1 are other establishments listed in this clause include-- 7,i7 each agency1 office1 or other establishment in the executive1 legislative1 or judicial branch of the ,federal ,government1 including-- 7aa7 an ,executive agency1 as that term is defined in section #aje of title #e1 ,united ,states ,code2 7bb7 a military department1 as that term is defined in section #ajb of title #e1 ,united ,states ,code2 7cc7 the ,federal ,aviation ,administration2 7dd7 the ,transportation ,security ,administration2 7ee7 the ,department of ,veterans ,affairs2 and 7ff7 the ,government ,accountability ,office2 7,,ii7 the ,district of ,columbia courts and the ,district of ,columbia ,public ,defender ,service2 and 7,,iii7 7aa7 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 7bb7 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 7cc7 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 seq474 7,c7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce 7including government71 or in any industry or activity affecting commerce 7including government71 who employs #a or more employees2 7,,ii7 includes-- 7aa7 any person who acts directly or indirectly in the interest of 7within the meaning of section #c7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;d777 an employer in relation to any of the employees of such employer2 and 7bb7 any successor in interest of an employer2 7,,iii7 except as provided in subparagraph 7,b71 includes any public agency1 as defined in section #c7x7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7x772 7,,iv7 includes any person described in subclause 7,i7 who conducts business as a not-for-profit organization2 7,v7 includes-- 7aa7 an entity or person that contracts directly with a ,state1 locality1 ,tribal government1 or the ,federal ,government1 to provide care 7which may include items and services7 through employees of such entity or person to individuals under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 under a ,state ,medicaid plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan1 or under any other program established or administered by a ,state1 locality1 ,tribal government1 or the ,federal ,government2 7bb7 a subcontractor of an entity or person described in item 7aa72 7cc7 an individual client 7or a representative on behalf of an individual client71 an entity1 or a person1 that employs an individual to provide care 7which may include items and services7 to the individual client under a self-directed service delivery model through a program established or administered by a ,state1 locality1 ,tribal government1 or the ,federal ,government2 or 7dd7 an individual client 7or a representative on behalf of an individual client7 that1 on their own accord1 employs an individual to provide care 7which may include items and services7 to the individual client using the individual client's own finances2 7,,vi7 includes the ,united ,states ,postal ,service2 7,,vii7 includes a nonappropriated fund instrumentality under the jurisdiction of the ,armed ,forces2 and 7,,viii7 includes1 only with respect to section #ajb7;g77#b71 the ,,va ,office of ,geriatrics ,extended ,care of the ,veterans ,health ,administration4 7ii7 ,public agency ,for purposes of this title1 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7iii7 ,definition of employee ,for purposes of clause 7i71 the term employee has the meaning given such term in section #c7;e71 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 7,b74 7,d7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7,e7 ,definition of commerce ,for purposes of this paragraph1 the terms commerce and industry or activity affecting commerce-- 7i7 mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce2 7ii7 include commerce and any industry affecting commerce1 as such terms are defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb7a7 and 7#c772 and 7iii7 include commerce1 as defined in section #c7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;b77 and as described in section #b7;a7 of such ,act 7#bi ,u4,s4,c4 #bjb7;a774 7#d7 ,employer payroll taxes ,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 7#e7 ,essential work ,the term essential work means any work that-- 7,a7 is performed during the period that begins on ,january #bg1 #bjbj1 and ends #fj days after the last day of the ,,covid-#ai ,public ,health ,emergency2 7,b7 is not performed while teleworking from a residence2 7,c7 involves-- 7i7 regular in-person interactions with-- 7,i7 patients2 7,,ii7 the public2 or 7,,iii7 coworkers of the individual performing the work2 or 7ii7 regular physical handling of items that were handled by1 or are to be handled by-- 7,i7 patients2 7,,ii7 the public2 or 7,,iii7 coworkers of the individual performing the work2 and 7,d7 is in any of the following areas3 7i7 ,first responder work1 in the public sector or private sector1 including services in response to emergencies that have the potential to cause death or serious bodily injury1 such as police1 fire1 emergency medical1 protective1 child maltreatment1 domestic violence1 and correctional services 7including activities carried out by employees in fire protection activities1 as defined in section #c7y7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7y77 and activities of law enforcement officers1 as defined in section #abjd7f7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd7f774 7ii7 ,health care work physically provided in inpatient settings 7including hospitals and other inpatient post-acute care settings such as nursing homes1 inpatient rehabilitation facilities1 and other related settings7 and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in inpatient settings4 7iii7 ,health care work physically provided in outpatient settings 7including at physician offices1 community health centers1 rural health clinics and other clinics1 hospital outpatient departments1 freestanding emergency departments1 ambulatory surgical centers1 and other related settings71 and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in outpatient settings4 7iv7 ,pharmacy work1 physically performed in pharmacies1 drug stores1 or other retail facilities specializing in medical goods and supplies4 7v7 ,any work physically performed in a facility that performs medical testing and diagnostic services1 including laboratory processing1 medical testing services1 or related activities4 7vi7 ,home and community-based work1 including home health care1 residential care1 assistance with activities of daily living1 and any services provided by direct care workers 7as defined in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep771 personal care aides1 job coaches1 or supported employment providers1 and any other provision of care to individuals in their homes by direct service providers1 personal care attendants1 and home health aides4 7vii7 ,biomedical research regarding ,,sars-,co,v-#b and ,,covid-#ai that involves the handling of hazardous materials such as ,,covid-#ai samples4 7viii7 ,behavioral health work requiring physical interaction with individuals1 including mental health services and substance use disorder prevention1 treatment1 and recovery services4 7ix7 ,nursing care and residential care work physically provided in a facility4 7x7 ,family care1 including child care services1 in-home child care services such as nanny services1 and care services provided by family members to other family members4 7xi7 ,social services work1 including social work1 case management1 social and human services1 child welfare1 family services1 shelter and services for people who have experienced intimate partner violence or sexual assault1 services for individuals who are homeless1 child services1 community food and housing services1 and other emergency social services4 7xii7 ,public health work conducted at ,state1 local1 territorial1 and ,tribal government public health agencies1 including epidemiological activities1 surveillance1 contact tracing1 data analysis1 statistical research1 health education1 and other disease detection1 prevention1 and response methods4 7xiii7 ,tribal vital services1 as defined by the ,commissioner of the ,administration for ,native ,americans in consultation with ,tribal governments and after conferring with urban ,indian organizations4 7xiv7 ,grocery work physically performed at grocery stores1 supermarkets1 convenience stores1 corner stores1 drug stores1 retail facilities specializing in medical goods and supplies1 bodegas1 and other locations where individuals purchase non-prepared food items4 7xv7 ,restaurant work1 including carry-out1 drive-thru1 or food delivery work1 requiring physical interaction with individuals or food products4 7xvi7 ,food production work involving the physical interaction with food products1 including all agricultural work1 farming1 fishing1 forestry1 ranching1 processing1 canning1 slaughtering1 packaging1 baking1 butchering1 and other food production work1 such as any service or activity included within the provisions of section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 or section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 and the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state4 7xvii7 ,transportation work1 including-- 7,i7 any services in public transportation1 as defined in section #ecjb7ad7 of title #di1 ,united ,states ,code2 7,,ii7 any private transportation of people1 such as transportation provided by air1 rail1 bus1 taxicab1 personal car or truck1 non-motorized vehicle1 or otherwise1 including all services performed by individuals working in or on such vehicles1 vehicle depots1 or transit facilities2 7,,iii7 any private transportation of goods in bulk1 including transportation via heavy or light truck1 rail1 air1 or otherwise2 7,,iv7 any public or private transportation of mail or packages2 7,v7 any private transportation of food or other goods to individuals1 including in a personal car or truck1 non-motorized vehicle1 or otherwise2 7,,vi7 any services in passenger rail transportation1 including commuter rail1 intercity passenger rail1 or ,amtrak1 including services performed by employees of contractors of such entities2 7,,vii7 any services in the transportation of persons1 property1 or mail by an aircraft of an air carrier conducting operations under part #aba of title #ad1 ,code of ,federal ,regulations 7or successor regulations71 or a foreign air carrier within1 to1 or from the ,united ,states1 either on board an aircraft or on the ground at an airport1 including services performed by employees of contractors of air carriers1 or foreign air carriers1 as described in section #daaa7c7 of the ,,cares ,act 7,public ,law #aaf-acf72 7,,viii7 any services as an aircraft mechanic or technician who performs maintenance1 repair1 or overhaul work on an aircraft of an air carrier conducting operations under such part #aba or foreign air carrier within the ,united ,states2 7,,ix7 services as maritime workers who qualify as seamen under section #ajaja7c7 of title #df1 ,united ,states ,code1 and other maritime employees including-- 7aa7 longshoremen1 harbor workers1 and shipbuilders covered under section #b7c7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #ijb7c77 involved in the transportation of merchandise or passengers by water2 and 7bb7 shipbuilders and ship repairers who are working for an employer performing shipbuilding or ship repair work under contract or subcontract to the ,departments of ,defense1 ,energy1 or ,homeland ,security for military or other national security purposes2 and 7,x7 services as maritime transportation workers supporting or enabling transportation functions1 including such services as-- 7aa7 barge workers1 tug operators1 and port and facility security personnel2 7bb7 marine dispatchers2 and 7cc7 workers who repair and maintain marine vessels 7including the equipment and infrastructure that enables operations that encompass movement of cargo and passengers74 7xviii7 ,work physically performed in a warehouse or other facility in warehousing 7including all services performed by individuals picking1 sorting1 packing1 and shipping in warehouses71 storage1 distribution1 or call center support facilities1 and other essential operational support functions that are necessary to accept1 store1 and process goods1 and that facilitate the goods' transportation and delivery4 7xix7 ,cleaning work and building maintenance work physically performed on the grounds of a facility1 including all custodial or janitorial services1 security services1 and repair and maintenance services4 7xx7 ,work in the collection1 removal1 transport1 storage1 or disposal of residential1 industrial1 or commercial solid waste and recycling1 including services provided by individuals who drive waste or recycling trucks1 who pick up waste or recycling from residential or commercial locations1 or who work at waste or recycling centers or landfills4 7xxi7 ,work in the gathering1 processing1 disseminating1 and delivery of news and information that serves the public interest to the public through mass media1 including television1 radio1 and newspapers4 7xxii7 ,any work performed by an employee of a ,state1 locality1 or ,tribal government1 that is determined to be essential work by the highest authority of such ,state1 locality1 or ,tribal government4 7xxiii7 ,educational work1 school nutrition work1 and other work required to operate a school facility1 including early childhood programs1 preschool programs1 elementary and secondary education1 and higher education4 7xxiv7 ,laundry work1 including work in laundromats1 laundry service companies1 and dry cleaners4 7xxv7 ,elections work physically performed at polling places or otherwise amongst the public1 including public-sector elections personnel and private-sector elections personnel4 7xxvi7 ,hazardous materials management1 response1 and cleanup work associated with any other essential work covered under this paragraph1 including health care waste 7including medical1 pharmaceuticals1 and medical material production71 and testing operations 7including laboratories processing test kits74 7xxvii7 ,disinfection work for all facilities and modes of transportation involved in other essential work covered under this paragraph4 7xxviii7 ,work in critical clinical research1 development1 and testing necessary for ,,covid-#ai response that involves physical interaction with hazardous materials1 such as samples of ,,covid-#ai4 7xxix7 ,work in mortuary1 funeral1 cremation1 burial1 cemetery1 and related services4 7xxx7 ,work requiring physical interactions with patients in physical therapy1 occupational therapy1 speech-language pathology1 and respiratory therapy and other therapy services4 7xxxi7 ,dental care work requiring physical interaction with patients4 7xxxii7 ,work performed by employees of the ,u4,s4 ,postal ,service4 7xxxiii7 ,work at hotel and commercial lodging facilities that are used for ,,covid-#ai mitigation and containment measures4 7xxxiv7 ,work installing or repairing a telecommunications line or equipment4 7#f7 ,essential worker ,the term essential worker means an individual1 whose work and duties include essential work1 and who is-- 7,a7 an employee of an employer2 or 7,b7 an individual performing any services or labor for remuneration for an employer1 regardless of whether the individual is classified as an independent contractor by the employer4 7#g7 ,essential work employer ,the term essential work employer means an employer who employs1 or provides remuneration for services or labor to1 an essential worker4 7#h7 ,,flsa terms ,the terms employ1 person1 regular rate1 and ,state have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#i7 ,highly-compensated essential worker ,the term highly-compensated essential worker means an essential worker who is paid the equivalent of #bjj1jjj or more per year by an essential work employer4 7#aj7 ,large essential work employer ,the term large essential work employer means an essential work employer who has more than #ejj individuals who are employed by the employer or are otherwise providing services or labor for remuneration for the employer4 7#aa7 ,self-directed care worker ,the term self-directed care worker means an individual employed to provide care 7which may include items and services7 to an individual client-- 7,a7 under a self-directed service delivery model through a program established or administered by a ,state1 locality1 ,tribal government1 or the ,federal ,government2 or 7,b7 on the individual client's own accord and using the individual client's own finances4 7#ab7 ,tribal employer ,the term ,tribal employer means-- 7,a7 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 7,b7 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 #ecjd7l7772 7,c7 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 7,d7 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,b74 7#ac7 ,tribal government ,the term ,tribal 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 7#ad7 ,work ,the term work means employment by1 or engagement in providing labor or services for1 an employer4 #ajb4 ,pandemic premium pay for essential workers 7a7 ,in general ,beginning #c days after an essential work employer receives a grant under section #ajd from the ,secretary of the ,treasury1 the essential work employer shall-- 7#a7 be required to comply with subsections 7b7 through 7h72 and 7#b7 be subject to the enforcement requirements of section #aje4 7b7 ,pandemic premium pay 7#a7 ,in general ,an essential work employer receiving a grant under section #ajd shall1 in accordance with this subsection1 provide each essential worker of the essential work employer with premium pay at a rate equal to #ac for each hour of work performed by the essential worker for the employer from ,january #bg1 #bjbj1 until the date that is #fj days after the last day of the ,,covid-#ai ,public ,health ,emergency4 7#b7 ,maximum amounts ,the total amount of all premium pay under this subsection that an essential work employer is required to provide to an essential worker1 including through any retroactive payment under paragraph 7#c71 shall not exceed-- 7,a7 for an essential worker who is not a highly-compensated essential worker1 #aj1jjj reduced by employer payroll taxes with respect to such premium pay2 or 7,b7 for a highly-compensated essential worker1 #e1jjj reduced by employer payroll taxes with respect to such premium pay4 7#c7 ,retroactive payment ,for all work performed by an essential worker during the period from ,january #bg1 #bjbj1 through the date on which the essential work employer of the worker receives a grant under this title1 the essential work employer shall use a portion of the amount of such grant to provide such worker with premium pay under this subsection for such work at the rate provided under paragraph 7#a74 ,such amount shall be provided to the essential worker as a lump sum in the next paycheck 7or other payment form7 that immediately follows the receipt of the grant by the essential work employer4 ,in any case where it is impossible for the employer to arrange for payment of the amount due in such paycheck 7or other payment form71 such amounts shall be paid as soon as practicable1 but in no event later than the second paycheck 7or other payment form7 following the receipt of the grant by the essential work employer4 7#d7 ,no employer discretion ,an essential work employer receiving a grant under section #ajd shall not have any discretion to determine which portions of work performed by an essential worker qualify for premium pay under this subsection1 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 applicable to the essential worker under paragraph 7#b74 7c7 ,prohibition on reducing compensation and displacement 7#a7 ,in general ,any payments made to an essential worker as premium pay under subsection 7b7 shall be in addition to all other compensation1 including all wages1 remuneration1 or other pay and benefits1 that the essential worker otherwise receives from the essential work employer4 7#b7 ,reduction of compensation ,an essential work employer receiving a grant under section #ajd shall not1 during the period beginning on the date of enactment of this ,act and ending on the date that is #fj days after the last day of the ,,covid-#ai ,public ,health ,emergency1 reduce or in any other way diminish1 any other compensation1 including the wages1 remuneration1 or other pay or benefits1 that the essential work employer provided to the essential worker on the day before the date of enactment of this ,act4 7#c7 ,displacement ,an essential work employer shall not take any action to displace an essential worker 7including partial displacement such as a reduction in hours1 wages1 or employment benefits7 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 7#b74 7d7 ,demarcation from other compensation ,the amount of any premium pay paid under subsection 7b7 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 time4 ,if any essential worker does not otherwise regularly receive any such paystub or other document from the employer1 the essential work employer shall provide such paystub or other document to the essential worker for the duration of the period in which the essential work employer provides premium pay under subsection 7b74 7e7 ,exclusion from wage-,based calculations ,any premium pay under subsection 7b7 paid to an essential worker under this section by an essential work employer receiving a grant under section #ajd shall be excluded from the amount of remuneration for work paid to the essential worker for purposes of-- 7#a7 calculating the essential worker's eligibility for any wage-based benefits offered by the essential work employer2 7#b7 computing the regular rate at which such essential worker is employed under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg72 and 7#c7 determining whether such essential worker is exempt from application of such section #g under section #ac7;a77#a7 of such ,act 7#bi ,u4,s4,c4 #bac7;a77#a774 7f7 ,essential worker death 7#a7 ,in general ,in any case in which an essential worker of an essential work employer receiving a grant under section #ajd exhibits symptoms of ,,covid-#ai and dies1 the essential work employer shall pay as a lump sum to the next of kin of the essential worker for premium pay under subsection 7b7-- 7,a7 for an essential worker who is not a highly-compensated essential worker1 the amount determined under subsection 7b77#b77;,a7 minus the total amount of any premium pay the worker received under subsection 7b7 prior to the death2 or 7,b7 for a highly-compensated essential worker1 the amount determined under subsection 7b77#b77;,b7 minus the amount of any premium pay the worker received under subsection 7b7 prior to the death4 7#b7 ,treatment of lump sum payments 7,a7 ,treatment as premium pay ,for purposes of this title1 any payment made under this subsection shall be treated as a premium pay under subsection 7b74 7,b7 ,treatment for purposes of ,internal ,revenue ,code of #aihf ,for purposes of the ,internal ,revenue ,code of #aihf1 any payment made under this subsection shall be treated as a payment for work performed by the essential worker4 7g7 ,application to self-,directed care workers funded through ,medicaid or the ,veteran-,directed ,care ,program 7#a7 ,medicaid ,in the case of an essential work employer receiving a grant under section #ajd that is a covered employer described in section #aja7c77;,c77i77,v7 who1 under a ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan1 has opted to receive items or services using a self-directed service delivery model1 the preceding requirements of this section1 including the requirements to provide premium pay under subsection 7b7 7including a lump sum payment in the event of an essential worker death under subsection 7f77 and the requirements of sections #ajd and #aje1 shall apply to the ,state ,medicaid agency responsible for the administration of such plan or waiver with respect to self-directed care workers employed by that employer4 ,in administering payments made under this title to such self-directed care workers on behalf of such employers1 a ,state ,medicaid agency shall-- 7,a7 exclude and disregard any payments made under this title to such self-directed workers from the individualized budget that applies to the items or services furnished to the individual client employer under the ,state ,medicaid plan or waiver2 7,b7 to the extent practicable1 administer and provide payments under this title directly to such self-directed workers through arrangements with entities that provide financial management services in connection with the self-directed service delivery models used under the ,state ,medicaid plan or waiver2 and 7,c7 ensure that individual client employers of such self-directed workers are provided notice of1 and comply with1 the prohibition under section #aje7;b77#a77;,b74 7#b7 ,veteran-,directed ,care ,program ,in the case of an essential work employer that is a covered employer described in section #aja7c77;,c77i77,v7 who is a veteran participating in the ,veteran ,directed ,care program administered by the ,,va ,office of ,geriatrics ,extended ,care of the ,veterans ,health ,administration1 the preceding requirements of this section and sections #ajd and #aje1 shall apply to such ,,va ,office of ,geriatrics ,extended ,care with respect to self-directed care workers employed by that employer4 ,paragraph 7#a7 of this subsection 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 agencies4 7#c7 ,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 imposed under section #aje7;b77#b7 with respect to violations of subparagraph 7,a7 or 7,b7 of section #aje7;b77#a7 that involve self-directed workers for which the requirements of this section and sections #ajd and #aje are applied to a ,state ,medicaid agency under paragraph 7#a7 or the ,,va ,office of ,geriatrics ,extended ,care under paragraph 7#b74 7h7 ,interaction with ,stafford ,act ,nothing in this section shall nullify1 supersede1 or otherwise change a ,state's ability to seek reimbursement under section #djc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b7 for the costs of premium pay based on pre-disaster labor policies for eligible employees4 7i7 ,calculation of paid leave under ,,ffcra and ,,fmla 7#a7 ,families ,first ,coronavirus ,response ,act ,section #eaaj7e77;,b7 of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note7 is amended by adding at the end the following3 7iii7 ,pandemic premium pay ,compensation received by an employee under section #ajb7;b7 of the ,hazard ,pay for ,essential ,workers ,act of #bjbj shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed4 4 7#b7 ,family and ,medical ,leave ,act of #aiic ,section #aaj7;b77#b77;,b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfbj7;b77#b77;,b77 is amended by adding at the end the following3 7iii7 ,pandemic premium pay ,compensation received by an employee under section #ajb7;b7 of the ,hazard ,pay for ,essential ,workers ,act of #bjbj shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed4 4 #ajc4 ,,covid-#ai ,hazard ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,,covid-#ai ,hazard ,fund 7referred to in this section as the ,fund71 consisting of amounts appropriated to the fund under section #ajg4 7b7 ,fund administration ,the ,fund shall be administered by the ,secretary of the ,treasury4 7c7 ,use of funds ,amounts in the ,fund shall be available to the ,secretary of the ,treasury for carrying out section #ajd4 #ajd4 ,,covid-#ai ,hazard ,fund grants 7a7 ,grants 7#a7 ,for pandemic premium pay ,the ,secretary of the ,treasury shall1 subject to the availability of amounts provided in this title1 award a grant to each essential work employer that applies for a grant1 in accordance with this section1 for the purpose of providing premium pay to essential workers under section #ajb7;b71 including amounts paid under section #ajb7;f74 7#b7 ,eligibility 7,a7 ,eligible employers generally ,any essential work employer shall be eligible for a grant under paragraph 7#a74 7,b7 ,self-directed care workers ,a self-directed care worker employed by an essential work employer other than an essential work employer described in section #ajb7;g71 shall be eligible to apply for a grant under paragraph 7#a7 in the same manner as an essential work employer4 ,such a worker shall provide premium pay to himself or herself in accordance with this section1 including the recordkeeping and refund requirements of this section4 7b7 ,amount of grants 7#a7 ,in general ,the maximum amount available for making a grant under subsection 7a77#a7 to an essential work employer shall be equal to the sum of-- 7,a7 the amount obtained by multiplying #aj1jjj by the number of essential workers the employer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the employer at a rate that is less than the equivalent of #bjj1jjj per year2 and 7,b7 the amount obtained by multiplying #e1jjj by the number of highly-compensated essential workers the employer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the employer at a rate that is equal to or greater than the equivalent of #bjj1jjj per year4 7#b7 ,no partial grants ,the ,secretary of the ,treasury shall not award a grant under this section in an amount less than the maximum described in paragraph 7#a74 7c7 ,grant application and disbursal 7#a7 ,application ,any essential work employer seeking a grant under subsection 7a77#a7 shall submit an application to the ,secretary of the ,treasury at such time1 in such manner1 and complete with such information as the ,secretary may require4 7#b7 ,notice and certification 7,a7 ,in general ,the ,secretary of the ,treasury shall1 within #ae days after receiving a complete application from an essential work employer eligible for a grant under this section-- 7i7 notify the employer of the ,secretary's findings with respect to the requirements for the grant2 and 7ii7 7,i7 if the ,secretary finds that the essential work employer meets the requirements under this section for a grant under subsection 7a71 provide a certification to the employer-- 7aa7 that the employer has met such requirements2 or 7bb7 of the amount of the grant payment that the ,secretary has determined the employer shall receive based on the requirements under this section2 or 7,,ii7 if the ,secretary finds that the essential work employer does not meet the requirements under this section for a grant under subsection 7a71 provide a notice of denial stating the reasons for the denial and provide an opportunity for administrative review by not later than #aj days after the denial4 7,b7 ,transfer ,not later than #g days after making a certification under subparagraph 7,a77ii7 with respect to an essential work employer1 the ,secretary of the ,treasury shall make the appropriate transfer to the employer of the amount of the grant4 7d7 ,use of funds 7#a7 ,in general ,an essential work employer receiving a grant under this section shall use the amount of the grant solely for the following purposes3 7,a7 ,providing premium pay under section #ajb7;b7 to essential workers in accordance with the requirements for such payments under such section1 including providing payments described in section #ajb7;f7 to the next of kin of essential workers in accordance with the requirements for such payments under such section4 7,b7 ,paying employer payroll taxes with respect to premium pay amounts described in subparagraph 7,a71 including such payments described in section #ajb7;f74 ,each dollar of a grant received by an essential work employer under this title shall be used as provided in subparagraph 7,a7 or 7,b7 or returned to the ,secretary of the ,treasury4 7#b7 ,no other uses authorized ,an essential work employer who uses any amount of a grant for a purpose not required under paragraph 7#a7 shall be-- 7,a7 considered to have misused funds in violation of section #ajb2 and 7,b7 subject to the enforcement and remedies provided under section #aje4 7#c7 ,refund 7,a7 ,in general ,if an essential work employer receives a grant under this section and1 for any reason1 does not provide every dollar of such grant to essential workers in accordance with the requirements of this title1 then the employer shall refund any such dollars to the ,secretary of the ,treasury not later than ,june #cj1 #bjba4 ,any amounts returned to the ,secretary shall be deposited into the ,fund and be available for any additional grants under this section4 7,b7 ,requirement for not reducing compensation ,an essential work employer who is required to refund any amount under this paragraph shall not reduce or otherwise diminish an eligible worker's compensation or benefits in response to or otherwise due to such refund4 7e7 ,recordkeeping ,an essential work employer that receives a grant under this section shall-- 7#a7 maintain records1 including payroll records1 demonstrating how each dollar of funds received through the grant were provided to essential workers2 and 7#b7 provide such records to the ,secretary of the ,treasury or the ,secretary of ,labor upon the request of either such ,secretary4 7f7 ,recoupment ,in addition to all other enforcement and remedies available under this title or any other law1 the ,secretary of the ,treasury shall establish a process under which the ,secretary shall recoup the amount of any grant awarded under subsection 7a77#a7 if the ,secretary determines that the essential work employer receiving the grant-- 7#a7 did not provide all of the dollars of such grant to the essential workers of the employer2 7#b7 did not1 in fact1 have the number of essential workers certified by the employer in accordance with subparagraphs 7,a7 and 7,b7 of subsection 7b77#a72 7#c7 did not pay the essential workers for the number of hours the employer claimed to have paid2 or 7#d7 otherwise misused funds or violated this title4 7g7 ,special rule for certain employees of ,tribal employers ,essential workers of ,tribal employers who receive funds under title ,,ii shall not be eligible to receive funds from grants under this section4 7h7 ,tax treatment 7#a7 ,exclusion from income ,for purposes of the ,internal ,revenue ,code of #aihf1 any grant received by an essential work employer under this section shall not be included in the gross income of such essential work employer4 7#b7 ,denial of double benefit 7,a7 ,in general ,in the case of an essential work employer that receives a grant under this section-- 7i7 amounts paid under subsection 7b7 or 7f7 of section #ajb shall not be taken into account as wages for purposes of sections #da1 #de;,a1 #ea1 or #acif of the ,internal ,revenue ,code of #aihf or section #bcja of the ,,cares ,act 7,public ,law #aaf-acf72 and 7ii7 any deduction otherwise allowable under such ,code for applicable payments during any taxable year shall be reduced 7but not below zero7 by the excess 7if any7 of-- 7,i7 the aggregate amounts of grants received under this section2 over 7,,ii7 the sum of any amount refunded under subsection 7d7 plus the aggregate amount of applicable payments made for all preceding taxable years4 7,b7 ,applicable payments ,for purposes of this paragraph1 the term applicable payments means amounts paid as premium pay under subsection 7b7 or 7f7 of section #ajb and amounts paid for employer payroll taxes with respect to such amounts4 7,c7 ,aggregation rule ,rules similar to the rules of subsections 7a7 and 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall apply for purposes of this section4 7#c7 ,information reporting ,the ,secretary of the ,treasury shall submit to the ,commissioner of ,internal ,revenue statements containing-- 7,a7 the name and tax identification number of each essential work employer receiving a grant under this section2 7,b7 the amount of such grant2 and 7,c7 any amounts refunded under section 7d77#c74 7i7 ,reports 7#a7 ,in general ,not later than #cj days after obligating the last dollar of the funds appropriated under this title1 the ,secretary of the ,treasury shall submit a report1 to the ,committees of ,congress described in paragraph 7#b71 that-- 7,a7 certifies that all funds appropriated under this title have been obligated2 and 7,b7 indicates the number of pending applications for grants under this section that will be rejected due to the lack of funds4 7#b7 ,committees of ,congress ,the ,committees of ,congress described in this paragraph are-- 7,a7 the ,committee on ,ways and ,means of the ,house of ,representatives2 7,b7 the ,committee on ,education and ,labor of the ,house of ,representatives2 7,c7 the ,committee on ,finance of the ,senate2 and 7,d7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 #aje4 ,enforcement and outreach 7a7 ,duties of ,secretary of ,labor ,the ,secretary of ,labor shall-- 7#a7 have authority to enforce the requirements of section #ajb1 in accordance with subsections 7b7 through 7e72 7#b7 conduct outreach as described in subsection 7f72 and 7#c7 coordinate with the ,secretary of the ,treasury as needed to carry out the ,secretary of ,labor's responsibilities under this section4 7b7 ,prohibited acts1 penalties1 and enforcement 7#a7 ,prohibited acts ,it shall be unlawful for a person to-- 7,a7 violate any provision of section #ajb applicable to such person2 or 7,b7 discharge or in any other manner discriminate against any essential worker because such essential worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title1 or has testified or is about to testify in any such proceeding4 7#b7 ,enforcement and penalties 7,a7 ,premium pay violations ,a violation described in paragraph 7#a77;,a7 shall be deemed a violation of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 and unpaid amounts required under this section shall be treated as unpaid overtime compensation under such section #g for the purposes of sections #ae and #af of such ,act 7#bi ,u4,s4,c4 #bae and #baf74 7,b7 ,discharge or discrimination ,a violation of paragraph 7#a77;,b7 shall be deemed a violation of section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c774 7c7 ,investigation 7#a7 ,in general ,to ensure compliance with the provisions of section #ajb1 including any regulation or order issued under that section1 the ,secretary of ,labor shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a774 ,for the purposes of any investigation provided for in this subsection1 the ,secretary of ,labor shall have the subpoena authority provided for under section #i of such ,act 7#bi ,u4,s4,c4 #bji74 7#b7 ,state agencies ,the ,secretary of ,labor may1 for the purpose of carrying out the functions and duties under this section1 utilize the services of ,state and local agencies in accordance with section #aa7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;b774 7d7 ,essential worker enforcement 7#a7 ,right of action ,an action alleging a violation of paragraph 7#a7 or 7#b7 of subsection 7b7 may be maintained against an essential work employer receiving a grant under section #ajd 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 workers1 or the essential workers and others similarly situated1 in the same manner1 and subject to the same remedies 7including attorney's fees and costs of the action71 as an action brought by an employee alleging a violation of section #g or #ae7;a77#c71 respectively1 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg1 #bae7;a77#c774 7#b7 ,no waiver ,in an action alleging a violation of paragraph 7#a7 or 7#b7 of subsection 7b7 brought by one or more essential workers or their representative for and on behalf of the persons as described in paragraph 7#a71 to enforce the rights in section #ajb1 no court of competent jurisdiction may grant the motion of an essential work employer receiving a grant under section #ajd to compel arbitration1 under chapter #a of title #i1 ,united ,states ,code1 or any analogous ,state arbitration statute1 of the claims involved4 ,an essential worker's right to bring an action described in paragraph 7#a7 or subsection 7b77#b77;,a7 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 basis4 7e7 ,recordkeeping ,an essential work employer receiving a grant under section #ajd shall make1 keep1 and preserve records pertaining to compliance with section #ajb in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary of ,labor4 7f7 ,outreach and education ,out of amounts appropriated to the ,secretary of the ,treasury under section #ajg for a fiscal year1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,labor1 #c1jjj1jjj1 of which the ,secretary of ,labor shall use-- 7#a7 #b1ejj1jjj for outreach to essential work employers and essential workers regarding the premium pay under section #ajb2 and 7#b7 #ejj1jjj to implement an advertising campaign encouraging large essential work employers to provide the same premium pay provided for by section #ajb using the large essential work employers' own funds and without utilizing grants under this title4 7g7 ,clarification of enforcing official ,nothing in the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq47 or section #c7;e77#b77;,c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77;,c77 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 #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a774 #ajf4 ,funding for the ,department of the ,treasury ,office of ,inspector ,general ,there is appropriated1 out of money in the ,treasury not otherwise appropriated1 to the ,office of the ,inspector ,general of the ,department of the ,treasury1 #a1jjj1jjj to carry out audits1 investigations1 and other oversight activities authorized under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 that are related to the provisions of1 and amendments made by1 this title1 to remain available until ,december #ca1 #bjbb4 #ajg4 ,authorization and appropriations ,there is authorized to be appropriated1 and there is hereby appropriated1 #ahj1jjj1jjj1jjj to carry out this title1 to remain available until expended4