[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7341 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7341
To provide support and flexibility for the Federal workforce during the
COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2020
Mr. Connolly (for himself, Mrs. Carolyn B. Maloney of New York, Ms.
Norton, Mr. Sarbanes, Mrs. Lawrence, Mr. Lynch, Mr. Raskin, Mr. Gomez,
and Ms. Speier) introduced the following bill; which was referred to
the Committee on Oversight and Reform, and in addition to the
Committees on House Administration, the Judiciary, Ways and Means, and
Education and Labor, for a period to be subsequently determined by the
Speaker, 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-19 pandemic, 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 ``Federal Workforce Health and Safety
During the Pandemic Act''.
SEC. 2. REIMBURSEMENT FOR CHILD AND FAMILY CARE FOR FEDERAL EMPLOYEES
DURING COVID-19 PANDEMIC.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on December 31, 2020, any employee who
is unable to care for a dependent child of the employee or a relative
of the employee who has COVID-19 as a result of the employee being
required to report to their duty station (either permanent or
temporary) or to telework shall be entitled to reimbursement for the
costs of such care.
(b) Application.--
(1) In general.--Any payment provided by operation of
subsection (a) shall be paid on a monthly basis, with payments
being made to the employee on the last day of each month.
(2) Submission of receipts.--For purposes of determining
reimbursement amounts, each employee shall submit to their
employing office receipts or other documents as the office may
require.
(3) Limit.--Reimbursement may not be paid to any employee
under this section for any month in an amount greater than
$2,000 per child or relative.
(c) Definitions.--In this section--
(1) the term ``employee'' means--
(A) an employee of the Library of Congress;
(B) an employee of the Government Accountability
Office;
(C) a covered employee as defined in section 101 of
the Congressional Accountability Act of 1995 (2 U.S.C.
1301), other than an applicant for employment;
(D) a covered employee as defined in section 411(c)
of title 3, United States Code;
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code; or
(F) any other individual occupying a position in
the civil service (as that term is defined in section
2101(1) of title 5, United States Code); and
(2) the terms ``dependent child'' and ``relative'' have the
meaning given those terms in paragraphs (2) and (16),
respectively, of section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
SEC. 3. REQUIREMENT TO TELEWORK.
(a) In General.--Effective immediately upon the date of enactment
of this Act, the head of any Federal agency shall require any employee
of such agency who is authorized to telework under chapter 65 of title
5, United States Code, or any other provision of law, to telework
during the period beginning on the date of enactment of this Act and
ending on December 31, 2020.
(b) Definitions.--In this section--
(1) the term ``employee'' has the meaning given that term
in section 2(c)(1); and
(2) the term ``telework'' has the meaning given that term
in section 6501(3) of title 5, United States Code.
SEC. 4. WEATHER AND SAFETY LEAVE FOR COVID-19.
(a) Weather and Safety Leave.--
(1) In general.--Notwithstanding any other provision of
law, including subsection (b) of section 6329c of title 5,
United States Code, during the period beginning on the date of
enactment of this Act and ending on December 31, 2020, any
employee who is prevented from safely traveling to or
performing work at an approved location as a result of the
COVID-19 pandemic, or who is prevented from performing work in
order to care for a child, relative of the employee, or other
individual as a result of the COVID-19 pandemic, shall be
provided weather and safety leave under such section.
(2) Rule of construction.--Notwithstanding subparagraph (B)
of subsection (a)(2)(B) of such section 6329c, intermittent
employees described in such subparagraph shall be eligible for
the leave provided by paragraph (1) of this subsection.
(3) Definition of employee.--In this subsection, the term
``employee'' has the meaning given that term in section
2(c)(1).
(b) Approved Location.--Section 6329c(a) of title 5, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the term `approved location' means any location at
which an employee has been approved to perform work, including
any Federal office, a teleworking site, or other location as
determined by the head of the agency at which the employee is
employed.''.
SEC. 5. EFFECT OF DEPENDENT CARE ON TELEWORK ELIGIBILITY.
(a) Title 5 Employees.--Section 6502(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(3) Dependent care.--
``(A) 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 teleworking.
``(B) Temporary unavailability of caregiver.--The
temporary unavailability of a caregiver described in
subparagraph (A) does not affect the eligibility of the
relevant employee to telework if--
``(i) such unavailability is due to unusual
or extraordinary circumstances; and
``(ii) an alternative caregiver is not
reasonably available.
``(C) Dependent individual defined.--In this
paragraph, the term `dependent individual' means a
dependent child or relative (as such terms are defined
in paragraphs (2) and (16), respectively, of section
109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.)) who is dependent on the employee for care.''.
(b) Other Applicable Employees.--With respect to any employee not
covered under chapter 65 of title 5, United States Code, the terms and
conditions with respect to dependent care and teleworking under section
6502(a)(3) of such title (as added by subsection (a)) shall apply. In
this subsection, the term ``employee'' has the meaning given that term
under section 2(c)(1), but does not include an employee as defined in
section 6501(1) of such title.
(c) Rule of Construction.--Nothing in this section shall alter or
otherwise affect the rights, remedies, and procedures related to
dependent care under the terms of any collective bargaining agreement.
SEC. 6. PRESUMPTION OF ELIGIBILITY FOR WORKERS' COMPENSATION BENEFITS
FOR FEDERAL EMPLOYEES DIAGNOSED WITH CORONAVIRUS.
(a) In General.--An employee who is diagnosed with COVID-19 during
the period described in subsection (b)(2)(A) shall, with respect to any
claim made by or on behalf of the employee for benefits under
subchapter I of chapter 81 of title 5, United States Code, 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 benefits, including disability compensation, medical
services, and survivor benefits.
(b) Definitions.--In this section--
(1) the term ``coronavirus'' means SARS-CoV-2 or another
coronavirus with pandemic potential; and
(2) the term ``employee''--
(A) means an employee as that term is defined in
section 8101(1) of title 5, United States Code,
(including an employee of the United States Postal
Service, the Transportation Security Administration, or
the Department of Veterans Affairs, including any
individual appointed under chapter 73 or 74 of title
38, United States Code) employed in the Federal service
at anytime during the period beginning on January 27,
2020, and ending on January 30, 2022--
(i) who carried out duties requiring
contact with patients, members of the public,
or co-workers; or
(ii) whose duties include a risk of
exposure to the coronavirus; and
(B) does not include any employee otherwise covered
by subparagraph (A) who is teleworking on a full-time
basis during all of such period.
SEC. 7. PANDEMIC DUTY DIFFERENTIAL.
(a) Definitions.--In this section--
(1) the term ``agency''--
(A) means--
(i) each agency, office, or other
establishment in the executive, legislative, or
judicial branch of the Federal Government,
including--
(I) an Executive agency, as that
term is defined in section 105 of title
5, United States Code;
(II) a military department, as that
term is defined in section 102 of title
5, United States Code;
(III) the Federal Aviation
Administration;
(IV) the Transportation Security
Administration;
(V) the Department of Veterans
Affairs;
(VI) the United States Postal
Service and the Postal Regulatory
Commission; and
(VII) the Government Accountability
Office;
(ii) the District of Columbia courts and
the District of Columbia Public Defender
Service; and
(iii)(I) an Indian tribe or tribal
organization carrying out a contract or compact
under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et
seq.);
(II) an Indian tribe or tribal organization
that receives a grant under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
(III) an urban Indian organization that
receives a grant or carries out a contract
under title V of the Indian Health Care
Improvement Act (25 U.S.C. 1651 et seq.); and
(B) does not include a nonappropriated fund
instrumentality under the jurisdiction of the Armed
Forces;
(2) the term ``covered duty''--
(A) means duty that requires--
(i) an employee to have regular or routine
contact with the public; or
(ii) the reporting of an employee to a
worksite at which--
(I) social distancing is not
possible, consistent with the regularly
assigned duties of the position of the
employee; and
(II) other preventative measures
with respect to COVID-19 are not
available; and
(B) does not include duty that an employee performs
while teleworking from a residence;
(3) 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 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19 and ending on the date that is 60 days after the date
on which that public health emergency terminates;
(4) the term ``employee''--
(A) means an employee of an agency;
(B) includes--
(i) any employee of an agency who occupies
a position within the General Schedule under
subchapter III of chapter 53 of title 5, United
States Code;
(ii) 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 53 of title 5, United
States Code, or by a wage board or similar
administrative authority serving the same
purpose;
(iii) an official or employee of an Indian
tribe, tribal organization, or urban Indian
organization described in paragraph
(1)(A)(iii);
(iv) each employee of the Department of
Veterans Affairs, including an employee
appointed under chapter 74 of title 38, United
States Code, without regard to whether section
7421(a) of that title, section 7425(b) of that
title, or any other provision of chapter 74 of
that title is inconsistent with that inclusion;
and
(v) any other individual occupying a
position in the civil service, as that term is
defined in section 2101 of title 5, United
States Code; and
(C) does not include--
(i) a member of the uniformed services, as
that term is defined in section 2101 of title
5, United States Code;
(ii) an employee of an agency who occupies
a position within the Executive Schedule under
any of sections 5312 through 5316 of title 5,
United States Code;
(iii) an individual in a Senior Executive
Service position, unless the individual is a
career appointee, as those terms are defined in
section 3132(a) of title 5, United States Code;
(iv) an individual serving in a position of
a confidential or policy-determining character
under Schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, or any
successor regulations;
(v) a member of the Senate or House of
Representatives, a Delegate to the House of
Representatives, or the Resident Commissioner
from Puerto Rico; or
(vi) an employee of the personal office of
an individual described in clause (v), of a
leadership office of the Senate or the House of
Representatives, of a committee of the Senate
or the House of Representatives, or of a joint
committee of Congress; and
(5) the term ``employer payroll taxes'' means--
(A) taxes imposed under sections 3111(b), 3221(a)
(but only to the extent attributable to the portion of
such tax attributable to the tax imposed by section
3111(b)), 3221(b), and 3301 of the Internal Revenue
Code of 1986; and
(B) taxes imposed by a State or local government on
an employer with respect to amounts paid by such
employer for work by employees.
(b) Pandemic Duty Differential.--
(1) In general.--There is established a schedule of pay
differentials for covered duty as follows:
(A) An employee is entitled to pay for that covered
duty at the rate of basic pay, which includes any
differential or other premium pay paid for regularly
scheduled work of the employee other than the
differential established under this section, of the
employee plus premium pay of $13 per hour.
(B) The total amount of premium pay paid to an
employee under subparagraph (A) shall be--
(i) with respect to an employee whose
annual rate of basic pay is less than $200,000,
not more than $10,000 reduced by employer
payroll taxes with respect to such premium pay;
and
(ii) with respect to an employee whose
annual rate of basic pay is not less than
$200,000, not more than $5,000 reduced by
employer payroll taxes with respect to such
premium pay.
(2) Pay.--
(A) In general.--With respect to the covered
period, an employee is entitled to be paid the
applicable differential established under paragraph (1)
for any period, including any period during the covered
period that precedes the date of enactment of this Act,
in which the employee is carrying out covered duty,
subject to the applicable limitations under that
paragraph.
(B) 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 Act, the employee shall be paid
that payment in a lump sum payment as soon as is
practicable after that date of enactment.
(3) Guidance and regulations.--
(A) Executive branch.--
(i) 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 subsection, which
shall--
(I) be based on--
(aa) the duties performed
by the employee;
(bb) the setting in which
the employee performs the
duties described in item (aa);
and
(cc) the interactions with
the public required in order
for the employee to perform the
duties described in item (aa);
and
(II) apply equally to all such
agencies.
(ii) 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 Government.
(B) Other branches, certain dc employees, and
certain tribal officials.--
(i) In general.--The employing authority
for each agency that is not in the executive
branch of the Federal Government--
(I) 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
subsection; and
(II) may prescribe regulations
implementing the pay differential under
this subsection with respect to
employees in the applicable agency.
(ii) Consistency with opm guidance and
regulations.--Any criteria developed, and
regulations prescribed, by an agency under
clause (i) shall, to the extent practicable, be
comparable to any criteria developed and
regulations prescribed by the Office of
Personnel Management under subparagraph (A).
(c) Limitation on Premium Pay.--
(1) In general.--Notwithstanding subsections (a) and (b) of
section 5547 of title 5, United States Code, or a provision of
any other Federal, State, or Tribal law that imposes a
limitation on the amount of premium pay (including any premium
pay paid under subsection (b) and any overtime pay paid for
covered duty) that may be payable to an employee, 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 Schedule, as of the end of the calendar year.
(2) Applicability of aggregate limitation on pay.--In
determining whether a payment to an employee is subject to the
limitation under section 5307(a) of title 5, United States
Code, a payment described in paragraph (1) shall not apply.
(3) Applicability of cares act.--The authority provided
under this subsection shall be considered to be in addition to,
and not a replacement for, the authority provided under section
18110 of title VIII of the CARES Act (Public Law 116-136).
(4) Retroactive effect.--This subsection shall take effect
as if enacted on the date on which the covered period began.
(d) Appropriation.--
(1) Appropriation.--There is hereby appropriated, out of
any money in the Treasury not otherwise appropriated,
$10,000,000,000, to remain available until expended, for the
offices and agencies described in paragraph (2) to carry out
subsections (b) and (c) and to make transfers authorized under
paragraph (3) of this subsection.
(2) Offices and agencies.--The offices and agencies
described in this paragraph are--
(A) the Office of the Sergeant at Arms and
Doorkeeper of the Senate;
(B) the Office of the Clerk of the House of
Representatives;
(C) the Office of the Sergeant at Arms of the House
of Representatives;
(D) the Office of the Chief Administrative Officer
of the House of Representatives;
(E) the Office of the Attending Physician;
(F) the Capitol Police;
(G) the Office of the Architect of the Capitol;
(H) the Library of Congress;
(I) the Government Publishing Office;
(J) the Government Accountability Office;
(K) the Office of Personnel Management;
(L) the Administrative Office of the United States
Courts;
(M) the District of Columbia Courts; and
(N) the District of Columbia Public Defender
Service.
(3) Transfer authority.--
(A) 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 section.
(B) 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 section.
(e) Coordination With Other Benefits.--
(1) 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 12 months, for purposes of
determining the eligibility of the recipient (or the
recipient's spouse or family) 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.
(2) Amounts not taken into account for purposes of premium
tax credit.--
(A) In general.--For purposes of determining
modified adjusted gross income under section
36B(d)(2)(B) of the Internal Revenue Code of 1986,
adjusted gross income shall be reduced by any amounts
received by reason of subsection (b).
(B) Exception.--Subparagraph (A) shall not apply to
the extent such reduction results in an amount of
household income (as defined in section 36B(d)(2)(A) of
such Code) of a taxpayer that is less than 100 percent
of the poverty line (as defined in section 36B(d)(3) of
such Code) for a family of the size involved (as
determined under the rules of section 36B(d)(1) of such
Code).
(C) Reporting.--
(i) 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 6051
of the Internal Revenue Code of 1986 or any
return or statement required by the Secretary
of the Treasury (or the Secretary's delegate)
with respect to nonemployee compensation the
aggregate amount of each type of applicable
payments so made.
(ii) Applicable payments.--For purposes of
this subparagraph, the term ``applicable
payments'' means amounts paid by reason of
subsection (b).
(3) Employment tax treatment for amounts paid through
grants.--
(A) In general.--For purposes of section 3111(a) of
the Internal Revenue Code of 1986, any amounts required
to be paid by reason of this section shall not be
considered wages.
(B) Railroad retirement taxes.--For purposes of
section 3221(a) of the Internal Revenue Code of 1986,
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--
(i) the product of the rate in effect under
section 3111(a) of such Code and the
compensation (reduced by any amounts required
to be paid by reason of this section) paid
during any calendar year by such employer for
services rendered to such employer; and
(ii) the product of the rate in effect
under section 3111(b) of such Code and the
compensation paid during any calendar year by
such employer for services rendered to such
employer.
(C) Self-employed individuals.--
(i) In general.--In the case of the tax
imposed by section 1401(a) of the Internal
Revenue Code of 1986, 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 50
percent of the amount of payments so made.
(ii) Regulatory authority.--The Secretary
of the Treasury (or the Secretary's delegate)
shall prescribe regulations or other guidance
for the application of sections 164(f) and
1402(a)(12) of the Internal Revenue Code of
1986 with respect to amounts to which clause
(i) applies.
(D) 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 201 of
the Social Security Act (42 U.S.C. 401) and the Social
Security Equivalent Benefit Account established under
section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of this paragraph
(without regard to this subparagraph). 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 enacted.
(f) Clarification of Coordination With Other Laws.--
(1) Essential workers rights and benefits.--Nothing in this
section shall be construed to allow noncompliance with or in
any way to diminish, and shall instead be construed to be in
addition to, the rights or benefits that an essential worker is
entitled to under any--
(A) Federal, State, or local law, including
regulation;
(B) collective bargaining agreement; or
(C) employer policy.
(2) Title 5.--Nothing in this section shall be construed to
affect the application of the provisions of sections 5343 or
5545 of title 5, United States Code, with respect to pay
differentials for duty involving unusual physical hardship or
hazard, or environmental differentials.
(g) Applicability of Fair Labor Standards Act of 1938 to Sovereign
Tribal Employers.--
(1) In general.--The receipt of any funds under subsection
(b), (c), or (d) by a sovereign Tribal employer shall not
expand, constrict, or alter the application of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) to such sovereign
Tribal employer.
(2) Definitions.--In this subsection--
(A) the term ``Tribal employer'' means--
(i) any Tribal government, a subdivision of
a Tribal government (determined in accordance
with section 7871(d) of the Internal Revenue
Code), or an agency or instrumentality of a
Tribal government or subdivision thereof;
(ii) any Tribal organization (as the term
``tribal organization'' is defined in section
4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(l));
(iii) any corporation if more than 50
percent (determined by vote and value) of the
outstanding stock of such corporation is owned,
directly or indirectly, by any entity described
in subparagraph (A) or (B); or
(iv) any partnership if more than 50
percent of the value of the capital and profits
interests of such partnership is owned,
directly or indirectly, by any entity described
in subparagraph (A) or (B); and
(B) the term ``Trival government'' means the
recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) in the list
published most recently as of the date of enactment of
this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
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