Pandemic Responder Service Award Act

II 116TH CONGRESS 2D SESSION S. 3763 To establish the Pandemic Responder Service Award program to express our gratitude to front-line health care workers. IN THE SENATE OF THE UNITED STATES MAY 19, 2020 Mr. CASEY (for himself, Mr. WYDEN, Ms. BALDWIN, Mrs. GILLIBRAND, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the Pandemic Responder Service Award pro- gram to express our gratitude to front-line health care workers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pandemic Responder 4 Service Award Act’’. 5 SEC. 2. ESTABLISHMENT OF PANDEMIC RESPONDER SERV- 6 ICE AWARD PROGRAM. 7 (a) ENTITLEMENT.—Subject to subsection (c), each 8 qualified health care worker shall be entitled to a pan- 9 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3763 IS demic responder service award, as determined under sub- 1 section (b). 2 (b) DETERMINATION OF AWARD.— 3 (1) IN GENERAL.—Except as provided under 4 subsection (c)(3)(B)(ii), in the case of a qualified 5 health care worker, the amount of the pandemic re- 6 sponder service award shall be equal to— 7 (A) the applicable percentage of the 8 amount determined under paragraph (2) for the 9 calendar year in which the application described 10 in subsection (c)(2) has been submitted by such 11 worker and approved by the Secretary; and 12 (B) the applicable percentage of the 13 amount determined under paragraph (2) for 14 each of the 3 calendar years subsequent to the 15 year described in subparagraph (A). 16 (2) ANNUAL AMOUNT.— 17 (A) IN GENERAL.—The amount deter- 18 mined under this paragraph shall be equal to— 19 (i) for calendar year 2021, $10,000; 20 and 21 (ii) in the case of any calendar year 22 beginning after 2021, the dollar amount in 23 clause (i), as increased by an amount equal 24 to— 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3763 IS (I) such dollar amount; multi- 1 plied by 2 (II) the cost-of-living adjustment 3 determined under section 1(f)(3) of 4 the Internal Revenue Code of 1986 5 for such calendar year, determined by 6 substituting ‘‘2020’’ for ‘‘2016’’ in 7 subparagraph (A)(ii) thereof. 8 (B) ROUNDING.—If any increase under 9 subparagraph (A) is not a multiple of $100, 10 such increase shall be rounded to the nearest 11 multiple of $100. 12 (3) APPLICABLE PERCENTAGE.— 13 (A) IN GENERAL.—For purposes of para- 14 graph (1), with respect to any qualified health 15 care worker, the applicable percentage shall be 16 determined in accordance with the following 17 table: 18 If the number of days during the applicable period in which the individual provided The applicable eligible services was: percentage is: Equal to or greater than 180 days ................................... 100 percent Greater than 150 days and less than 180 days ................ 87.5 percent Greater than 120 days and less than 151 days ................ 75 percent Greater than 90 days and less than 121 days .................. 62.5 percent Greater than 60 days and less than 91 days .................... 50 percent Greater than 30 days and less than 61 days .................... 37.5 percent Greater than 6 days and less than 31 days ...................... 25 percent Less than 7 days ............................................................... 12.5 percent. VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3763 IS (B) DEATH OR HOSPITALIZATION OF 1 QUALIFIED HEALTH CARE WORKER.—In the 2 case of any qualified health care worker who 3 was hospitalized or died as a result of con- 4 tracting COVID–19, the applicable percentage 5 shall be 100 percent. 6 (C) DETERMINING WORK PERFORMED 7 DURING ILLNESS.—In the case of any qualified 8 health care worker who was unable to provide 9 eligible services for any period of days during 10 the applicable period as a result of contracting 11 COVID–19, such period of days shall be in- 12 cluded for purposes of determining the applica- 13 ble percentage with respect to such worker 14 under this paragraph. 15 (c) PANDEMIC RESPONDER SERVICE AWARD PRO- 16 GRAM.— 17 (1) ESTABLISHMENT.— 18 (A) PANDEMIC RESPONDER SAVINGS AC- 19 COUNTS.—Except as provided in subparagraph 20 (B), not later than 12 months after the date of 21 enactment of this Act, the Secretary shall es- 22 tablish the Pandemic Responder Service Award 23 Program to carry out the purposes of this sec- 24 tion. 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3763 IS (B) PANDEMIC RESPONDER CHILD SAV- 1 INGS ACCOUNTS.—Not later than December 31, 2 2021, the Secretary shall establish the Pan- 3 demic Responder Child Savings Account Pro- 4 gram to carry out the purposes of paragraph 5 (5). 6 (2) APPLICATIONS.— 7 (A) IN GENERAL.—An individual claiming 8 or applying for a pandemic responder service 9 award under this section shall submit an appli- 10 cation to the Secretary at such time, in such 11 manner, and containing such information as the 12 Secretary may require. 13 (B) INFORMATION MADE AVAILABLE TO 14 PUBLIC.—Not later than 12 months after the 15 date of enactment of this Act, the Secretary 16 shall make publicly available all instructions 17 and forms necessary for an individual to apply 18 for a pandemic responder service award under 19 this section, including— 20 (i) guidelines regarding the processes 21 for determining entitlement to, and the 22 amount of, such award; 23 (ii) processes for the employer of any 24 individual to certify— 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3763 IS (I) that such individual provided 1 eligible services; and 2 (II) the number of days during 3 the applicable period in which such in- 4 dividual provided such services. 5 (C) LIMITATION.—The Secretary shall not 6 accept or approve any application submitted by 7 an individual after the date which is 5 years 8 after the date described in subsection (d)(1)(B). 9 (D) DEATH OF QUALIFIED HEALTH CARE 10 WORKER.—In the case of an individual de- 11 scribed in subsection (d)(5)(A) who has died 12 due to COVID–19 prior to filing an application 13 described in subparagraph (A), the Secretary 14 shall establish a procedure to permit the spouse 15 of such worker or any dependent of such worker 16 to file an application under such subparagraph 17 to provide for— 18 (i) establishment of a pandemic re- 19 sponder savings account (as described in 20 paragraph (3)) on behalf of such spouse or 21 a pandemic responder child savings ac- 22 count (as described in paragraph (5)) on 23 behalf of a dependent described in sub- 24 paragraph (A) of such paragraph; and 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3763 IS (ii) transfer of any pandemic re- 1 sponder service award to which the de- 2 ceased individual would otherwise be enti- 3 tled under this section to such account. 4 (3) PANDEMIC RESPONDER SAVINGS AC- 5 COUNT.— 6 (A) IN GENERAL.—With respect to each 7 qualified health care worker, the Secretary shall 8 establish and maintain a separate trust account 9 (referred to in this section as a ‘‘pandemic re- 10 sponder savings account’’) on behalf of such 11 worker, which shall consist of any pandemic re- 12 sponder service award to which such worker is 13 entitled under this section. 14 (B) TRANSFER TO ACCOUNT.— 15 (i) IN GENERAL.—Except as provided 16 under clause (ii), with respect to each 17 qualified health care worker, for each cal- 18 endar year described in paragraph (1) of 19 subsection (b), the Secretary shall transfer 20 from the general fund of the Treasury of 21 the United States to the pandemic re- 22 sponder savings account of such worker an 23 amount equal to the applicable percentage 24 of the amount determined under paragraph 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3763 IS (2) of such subsection with respect to such 1 year. 2 (ii) EXCEPTION FOR LOAN REPAY- 3 MENT.—In the case of a qualified health 4 care worker who, pursuant to their applica- 5 tion under paragraph (2), elects to apply 6 the entirety of the pandemic responder 7 service award to which they are entitled for 8 a qualified purpose described in subsection 9 (d)(6)(A), the Secretary shall, during the 10 calendar year in which such application is 11 approved, transfer from the general fund 12 of the Treasury of the United States to the 13 pandemic responder savings account of 14 such worker an amount equal to 400 per- 15 cent of the applicable percentage of the 16 amount determined under paragraph (2) of 17 subsection (b) with respect to such year. 18 (4) DISTRIBUTION OF AWARD AMOUNTS.—The 19 Secretary shall establish such guidelines as may be 20 necessary to ensure that— 21 (A) funds held in a pandemic responder 22 savings account are withdrawn or transferred— 23 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3763 IS (i) only for qualified purposes or 1 transfer to a pandemic responder child sav- 2 ings account; 3 (ii) at the direction of the qualified 4 health care worker; and 5 (iii) in such proportion or amount as 6 is directed by such worker; 7 (B) not greater than 4 withdrawals are 8 made from such account during any calendar 9 year; and 10 (C) beneficiary designations for such ac- 11 count are made in the case of the death of such 12 worker. 13 (5) PANDEMIC RESPONDER CHILD SAVINGS AC- 14 COUNT.— 15 (A) IN GENERAL.—At the election of any 16 qualified health care worker, the Secretary shall 17 establish and maintain a separate trust account 18 (referred to in this section as a ‘‘pandemic re- 19 sponder child savings account’’) on behalf of 20 any dependent (as designated by such worker) 21 who, at the time of such election, has not at- 22 tained 18 years of age and which shall consist 23 of such amounts as are elected by such worker 24 to be transferred to such account. 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3763 IS (B) INVESTMENT WITHOUT FEES.—Any 1 amount transferred to a pandemic responder 2 child savings account shall be invested solely in 3 United States Treasury bonds. No fees shall be 4 assessed on participants in the Pandemic Re- 5 sponder Child Savings Account Program. 6 (C) ACCOUNTS MAY NOT BE ASSIGNED.— 7 An account established on behalf of an indi- 8 vidual under the Pandemic Responder Child 9 Savings Account Program may not be pledged 10 or assigned to any other person, and any trans- 11 fer to such account by a qualified health care 12 worker may not subsequently be transferred or 13 returned to the pandemic responder savings ac- 14 count of such worker. 15 (D) DISTRIBUTION OF AMOUNTS IN PAN- 16 DEMIC RESPONDER CHILD SAVINGS AC- 17 COUNT.—The Secretary shall establish such 18 guidelines as may be necessary to ensure that— 19 (i) funds held in a pandemic re- 20 sponder child savings account are with- 21 drawn or transferred— 22 (I) only for purposes described in 23 subparagraphs (A) through (G) of 24 subsection (d)(6) with respect to the 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3763 IS individual on whose behalf such ac- 1 count has been established; and 2 (II) except for purposes described 3 in subparagraph (A) or (B) of sub- 4 section (d)(6), only after such indi- 5 vidual has attained 18 years of age 6 and at the direction of such individual 7 and in such proportion or amount as 8 is directed by such individual; 9 (ii) not greater than 4 withdrawals 10 are made from such account during any 11 calendar year; and 12 (iii) beneficiary designations for such 13 account are made in the case of the death 14 of the individual on whose behalf an ac- 15 count was established. 16 (d) DEFINITIONS.—For purposes of this section— 17 (1) APPLICABLE PERIOD.—The term ‘‘applica- 18 ble period’’ means the period— 19 (A) beginning on January 27, 2020; and 20 (B) ending on the date on which the Sec- 21 retary of Health and Human Services deter- 22 mines that the public health emergency declared 23 by such Secretary under section 319 of the 24 Public Health Service Act (42 U.S.C. 247d) on 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3763 IS January 31, 2020, with respect to COVID–19, 1 has ended. 2 (2) COVID–19.—The term ‘‘COVID–19’’ 3 means the virus SARS–CoV–2 or coronavirus dis- 4 ease 2019 (COVID–19). 5 (3) DEPENDENT.—The term ‘‘dependent’’ has 6 the same meaning given such term under section 7 152 of the Internal Revenue Code of 1986. 8 (4) ELIGIBLE SERVICES.— 9 (A) IN GENERAL.—Subject to subpara- 10 graph (C), the term ‘‘eligible services’’ means, 11 with respect to any individual, services de- 12 scribed in subparagraph (B) which were pro- 13 vided by such individual in person during the 14 applicable period in a work environment in 15 which— 16 (i) there was an elevated risk of such 17 individual contracting COVID–19 (as de- 18 termined by the Secretary, in consultation 19 with the Director of the Centers for Dis- 20 ease Control and Prevention and the Occu- 21 pational Safety and Health Administra- 22 tion); or 23 (ii) such services were provided to in- 24 dividuals who had been diagnosed with 25 VerDate Sep 11 2014 23:19 Jun 10, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3763.IS S3763 kjohnson on DSK79L0C42PROD with BILLS 13 •S 3763 IS COVID–19 or who were at a high risk of 1 having contracted COVID–19. 2 (B) DESCRIPTION OF SERVICES.—The 3 services described in this subparagraph are the 4 following: 5 (i) Emergency medical services, as de- 6 fined in section 330J(e)(1) of the Public 7 Health Service Act (42 U.S.C. 254c– 8 15(e)(1)), except that such term shal [Text truncated for display. 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