Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 4826, Domestic Workers Bill of Rights Act

H.R. 4826, Domestic Workers Bill of Rights Act

Summary

H.R. 4826 was introduced in the House of Representatives on July 29, 2021 by Ms. Jayapal, together with others named in the bill. It is a bill to enhance the rights of domestic workers, and for other purposes. The table of contents lists Subtitle A, amendments to the Fair Labor Standards Act of 1938, including overtime protections for live-in domestic employees. Subtitle B, Domestic Worker Rights, lists written agreements, earned sick days, fair scheduling practices, privacy, and breaks for meals and rest. Subtitle C covers a national domestic worker hotline, and Title II includes a domestic worker standards board.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117Hr4826Ih Bills 117Hr4826Ih
Case
Bills Bills 117Hr4826Ih Bills 117Hr4826Ih

Cite this document

“H.R. 4826, Domestic Workers Bill of Rights Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr4826ih-bills-117hr4826ih/, SHA-256 cd65020a56db4722380883813250b93396b1e75db66921252528946c00f3e82c.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                            H. R. 4826
                                                                               To enhance the rights of domestic workers, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     JULY 29, 2021
                                                                       Ms. JAYAPAL (for herself, Ms. ADAMS, Ms. BARRAGÁN, Ms. BASS, Mrs.
                                                                           BEATTY, Mr. BEYER, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms.
                                                                           BONAMICI, Mr. BOWMAN, Ms. BROWNLEY, Ms. BUSH, Mr. CÁRDENAS,
                                                                           Mr. CARSON, Mr. CASTRO of Texas, Ms. CHU, Mr. CICILLINE, Ms.
                                                                           CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr.
                                                                           COHEN, Mr. CORREA, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mr.
                                                                           DEFAZIO, Ms. DELAURO, Ms. DELBENE, Mrs. DEMINGS, Mr.
                                                                           DESAULNIER, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of Pennsylvania,
                                                                           Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. LOIS FRANKEL of Flor-
                                                                           ida, Mr. GARAMENDI, Mr. GARCÍA of Illinois, Ms. GARCIA of Texas, Mr.
                                                                           GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr.
                                                                           HUFFMAN, Ms. JACKSON LEE, Ms. JACOBS of California, Mr. JEFFRIES,
                                                                           Mr. JONES, Mr. KAHELE, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KIM
                                                                           of New Jersey, Ms. LEE of California, Ms. LEGER FERNANDEZ, Mr.
                                                                           LEVIN of Michigan, Mr. LIEU, Mr. LOWENTHAL, Mrs. CAROLYN B.
                                                                           MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN,
                                                                           Mr. MEEKS, Ms. MENG, Mr. MFUME, Ms. MOORE of Wisconsin, Mr.
                                                                           MRVAN, Mr. NADLER, Mrs. NAPOLITANO, Ms. NEWMAN, Ms. NORTON,
                                                                           Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PAYNE, Ms. PINGREE, Mr. POCAN,
                                                                           Ms. PRESSLEY, Mr. RASKIN, Ms. ROYBAL-ALLARD, Ms. SCANLON, Ms.
                                                                           SCHAKOWSKY, Ms. SLOTKIN, Mr. SMITH of Washington, Ms. SPEIER,
                                                                           Ms. STANSBURY, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr.
                                                                           THOMPSON of Mississippi, Ms. TLAIB, Mr. TORRES of New York, Mrs.
                                                                           TRAHAN, Mr. VARGAS, Ms. VELÁZQUEZ, Ms. WATERS, Mrs. WATSON
                                                                           COLEMAN, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida,
                                                                           Mr. YARMUTH, Mr. BUTTERFIELD, Mr. KILMER, Ms. SÁNCHEZ, Ms.
                                                                           JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. NEGUSE, Mr. CARTER
                                                                           of Louisiana, Mr. SOTO, Ms. WASSERMAN SCHULTZ, Mr. BRENDAN F.
                                                                           BOYLE of Pennsylvania, and Mr. LARSON of Connecticut) introduced the
                                                                           following bill; which was referred to the Committee on Education and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                           Labor, and in addition to the Committees on the Judiciary, House Ad-
                                                                           ministration, Oversight and Reform, Energy and Commerce, and Ways
                                                                           and Means, for a period to be subsequently determined by the Speaker,




                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6652   E:\BILLS\H4826.IH   H4826
                                                                                                                                  2
                                                                              in each case for consideration of such provisions as fall within the juris-
                                                                              diction of the committee concerned




                                                                                                                 A BILL
                                                                           To enhance the rights of domestic workers, and for other
                                                                                                  purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Domestic Workers Bill of Rights Act’’.
                                                                         6              (b) TABLE OF CONTENTS.—The table of contents for
                                                                         7 this Act is as follows:
                                                                               Sec. 1. Short title; table of contents.
                                                                               Sec. 2. Findings.
                                                                               Sec. 3. Definitions.

                                                                                      TITLE I—DOMESTIC WORKER RIGHTS AND PROTECTIONS

                                                                                       Subtitle A—Amendments to the Fair Labor Standards Act of 1938

                                                                               Sec. 101. Overtime protections for live-in domestic employees.
                                                                               Sec. 102. Live-in domestic employees termination notices and communications.
                                                                               Sec. 103. Enforcement.

                                                                                                            Subtitle B—Domestic Worker Rights

                                                                               Sec. 110. Written agreements.
                                                                               Sec. 111. Earned sick days.
                                                                               Sec. 112. Fair scheduling practices.
                                                                               Sec. 113. Right to request and receive temporary changes to scheduled work
                                                                                               hours due to personal events.
                                                                               Sec. 114. Privacy.
                                                                               Sec. 115. Breaks for meals and rest.
                                                                               Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                               of communication.
                                                                               Sec. 117. Prohibited acts.
                                                                               Sec. 118. Enforcement authority.
                                                                               Sec. 119. Effect on existing employment benefits and other laws.



                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6211   E:\BILLS\H4826.IH   H4826
                                                                                                                                   3
                                                                                                    Subtitle C—Domestic Worker Health and Safety

                                                                               Sec. 121. National domestic worker hotline.
                                                                               Sec. 122. Access to health and safety.
                                                                               Sec. 123. Occupational safety and health training grants.
                                                                               Sec. 124. Workplace harassment survivor supports study.

                                                                                        Subtitle D—Amendment to Title VII of Civil Rights Act of 1964

                                                                               Sec. 131. Including certain domestic workers in civil rights protections against
                                                                                               discrimination in employment.

                                                                                    TITLE II—STANDARDS BOARD, BENEFITS, AND WORKFORCE
                                                                                                       INVESTMENT

                                                                               Sec. 201. Domestic worker standards board.
                                                                               Sec. 202. Domestic workers’ benefits study.
                                                                               Sec. 203. Workforce investment activities grants for domestic workers.
                                                                               Sec. 204. Report on career pathways, training standards, and apprenticeships
                                                                                               for domestic workers.

                                                                               TITLE III—IMPLEMENTATION OF THE DOMESTIC WORKERS BILL
                                                                                                     OF RIGHTS

                                                                               Sec. 301. Definitions.
                                                                               Sec. 302. Notice of domestic worker rights.
                                                                               Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforce-
                                                                                               ment.
                                                                               Sec. 304. National grant for community-based education, outreach, and en-
                                                                                               forcement of domestic worker rights.
                                                                               Sec. 305. Encouraging the use of fiscal intermediaries.
                                                                               Sec. 306. J–1 Visa program.
                                                                               Sec. 307. Application to domestic workers who provide Medicaid-funded serv-
                                                                                               ices.
                                                                               Sec. 308. Delayed enforcement for government-funded programs.

                                                                                                                       TITLE IV—FUNDING

                                                                               Sec. 401. Temporary increase in the Federal medical assistance percentage for
                                                                                               Medicaid-funded services provided by domestic workers.
                                                                               Sec. 402. Process for determining an increased FMAP to ensure a robust
                                                                                               homecare workforce under Medicaid.
                                                                               Sec. 403. Authorization of appropriations.

                                                                                                                TITLE V—SEVERABILITY

                                                                               Sec. 501. Severability.

                                                                         1     SEC. 2. FINDINGS.

                                                                         2              Congress finds the following:
                                                                         3                       (1) There are an estimated 2,200,000 domestic




pamtmann on DSKBC07HB2PROD with BILLS
                                                                         4              workers across the United States working in private


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00003    Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  4
                                                                         1              homes to provide home and personal care, child care,
                                                                         2              and house-cleaning services.
                                                                         3                       (2) Domestic work is a job-enabling job that
                                                                         4              makes all other work possible. It is labor that cannot
                                                                         5              be outsourced to individuals abroad, nor is it close
                                                                         6              to being automated. Without the millions of domes-
                                                                         7              tic workers caring for children, seniors, and people
                                                                         8              with disabilities, and cleaning homes, much of the
                                                                         9              economy would come to a standstill.
                                                                       10                        (3) During the COVID–19 pandemic, domestic
                                                                       11               work and other low-wage service jobs, disproportion-
                                                                       12               ately held by women, women of color, and immi-
                                                                       13               grants, have been deemed essential. This crisis has
                                                                       14               shown how essential these jobs have always been to
                                                                       15               our economy. At great risk to the health of them-
                                                                       16               selves and their families, domestic workers have
                                                                       17               worked on the frontlines of the pandemic to provide
                                                                       18               care to those more vulnerable to COVID–19, seniors,
                                                                       19               and individuals with disabilities, and have provided
                                                                       20               child care for the children of essential workers. A
                                                                       21               study of Black immigrant domestic workers con-
                                                                       22               ducted by the Institute for Policy Studies and the
                                                                       23               National Domestic Workers Alliance in May and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               June of 2020 found that 25 percent of workers sur-
                                                                       25               veyed experienced or lived with someone who has ex-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  5
                                                                         1              perienced COVID–19 symptoms. 73 percent of such
                                                                         2              workers surveyed indicated that they did not re-
                                                                         3              ceived personal protective equipment (‘‘PPE’’) from
                                                                         4              their employers.
                                                                         5                       (4) Domestic workers experienced a rapid and
                                                                         6              sustained loss of jobs during the COVID–19 pan-
                                                                         7              demic, which exacerbated the existing financial inse-
                                                                         8              curity experienced by many domestic workers. Sur-
                                                                         9              veys from the National Domestic Workers Alliance
                                                                       10               and NDWA Labs between March and September
                                                                       11               2020 found that for 6 consecutive months more than
                                                                       12               half of domestic workers surveyed were unable to
                                                                       13               pay their rent or mortgage. Nearly 3⁄4 of workers
                                                                       14               surveyed did not receive any compensation when
                                                                       15               their jobs were canceled.
                                                                       16                        (5) The employment of individuals in domestic
                                                                       17               service in households affects commerce, as described
                                                                       18               in section 2(a) of the Fair Labor Standards Act of
                                                                       19               1938 (29 U.S.C. 202(a)).
                                                                       20                        (6) Domestic workers are hired or contacted for
                                                                       21               work by phone, mail, or internet, or through news-
                                                                       22               paper ads, and travel to work through transpor-
                                                                       23               tation on interstate highways, interstate transit, or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               vehicles in interstate commerce.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  6
                                                                         1                       (7) In 2019, the Bureau of Labor Statistics
                                                                         2              predicted that between 2019 and 2029—
                                                                         3                                 (A) the number of new jobs for home
                                                                         4                       health and personal care aides will increase by
                                                                         5                       34 percent, which is an increase of 1,159,500
                                                                         6                       jobs and the largest increase in new jobs of any
                                                                         7                       occupational category during such period; and
                                                                         8                                 (B) the number of new jobs for child care
                                                                         9                       and house cleaning positions will increase by 6
                                                                       10                        to 7 percent.
                                                                       11                        (8) The COVID–19 pandemic has increased the
                                                                       12               demand for in-home child care. According to the
                                                                       13               Center for Translational Neuroscience, the percent-
                                                                       14               age of parents reporting use of home-based child
                                                                       15               care has grown since the onset of the pandemic from
                                                                       16               27 percent to 31 percent.
                                                                       17                        (9) An increasing number of workers, including
                                                                       18               domestic workers, are finding work on online plat-
                                                                       19               forms. An analysis from the JPMorgan Chase Insti-
                                                                       20               tute found that between 2013 and 2018, the per-
                                                                       21               centage of adults that had earned income from on-
                                                                       22               line platforms increased from 0.3 percent to 1.5 per-
                                                                       23               cent.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (10) 9 out of 10 domestic workers are women,
                                                                       25               and such women are disproportionately people of


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  7
                                                                         1              color and immigrants. Women, people of color, and
                                                                         2              immigrants have historically faced barriers to em-
                                                                         3              ployment and economic advancement. According to
                                                                         4              the Economic Policy Institute, domestic workers also
                                                                         5              tend to be older than other workers. 2 in 5 domestic
                                                                         6              workers are age 50 or older, while just 1⁄3 of all
                                                                         7              other workers are at least 50 years old.
                                                                         8                       (11) Domestic workers are paid low wages, can
                                                                         9              be subjected to workplace health and safety hazards,
                                                                       10               and face difficulties saving for retirement. An Eco-
                                                                       11               nomic Policy Institute analysis of data from the
                                                                       12               Current Population Survey indicates that the aver-
                                                                       13               age wage for a domestic worker is approximately
                                                                       14               $12 per hour or $15,980 per year if working full-
                                                                       15               time. In practice, the average wage for a domestic
                                                                       16               worker is less than such approximation given that
                                                                       17               domestic work has largely been negotiated in the in-
                                                                       18               formal labor market.
                                                                       19                        (12) Low-wage workers, including domestic
                                                                       20               workers, experience high rates of minimum wage
                                                                       21               and overtime violations, violations of laws related to
                                                                       22               workers’ compensation and other workplace benefits,
                                                                       23               and illegal retaliation. A 2017 study from the Eco-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               nomic Policy Institute found that 2,400,000 work-
                                                                       25               ers—17 percent of the low-wage workforce—experi-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  8
                                                                         1              ences wage theft. A 2009 report from the National
                                                                         2              Employment Law Project found that employment in
                                                                         3              private homes was one of the 3 industries with the
                                                                         4              highest rates of employment and labor law viola-
                                                                         5              tions.
                                                                         6                       (13) A landmark study of domestic workers
                                                                         7              published in 2012 by the National Domestic Work-
                                                                         8              ers Alliance and the Center for Urban Economic De-
                                                                         9              velopment of the University of Illinois at Chicago
                                                                       10               Data Center titled ‘‘Home Economics: The Invisible
                                                                       11               and Unregulated World of Domestic Work’’ indi-
                                                                       12               cated poor working conditions across the domestic
                                                                       13               workers industry. The findings of such study in-
                                                                       14               cluded that—
                                                                       15                                  (A) domestic workers have little control
                                                                       16                        over their working conditions, and employment
                                                                       17                        is usually arranged without a written contract;
                                                                       18                                  (B) 35 percent of domestic workers inter-
                                                                       19                        viewed reported that they worked long hours
                                                                       20                        without breaks in the year immediately pre-
                                                                       21                        ceding the interview;
                                                                       22                                  (C) 25 percent of live-in domestic workers
                                                                       23                        had responsibilities that prevented them from




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        getting at least 5 hours of uninterrupted sleep




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                                  9
                                                                         1                       at night during the week immediately preceding
                                                                         2                       the interview; and
                                                                         3                                 (D) 91 percent of domestic workers inter-
                                                                         4                       viewed who encountered problems with their
                                                                         5                       working conditions in the year immediately pre-
                                                                         6                       ceding the interview did not complain about
                                                                         7                       their working conditions because they were
                                                                         8                       afraid they would lose their job.
                                                                         9                       (14) The study described in paragraph (13)
                                                                       10               found that domestic workers have little access to
                                                                       11               federally supported employment benefits. For in-
                                                                       12               stance—
                                                                       13                                  (A) less than 2 percent of such workers re-
                                                                       14                        ceive retirement or pension benefits, and less
                                                                       15                        than 9 percent of such workers work for em-
                                                                       16                        ployers that collect payroll taxes on wages paid
                                                                       17                        to such workers to provide eligibility for Social
                                                                       18                        Security benefits; and
                                                                       19                                  (B) 65 percent of such workers do not
                                                                       20                        have health insurance, and only 4 percent of
                                                                       21                        such workers receive employer-provided insur-
                                                                       22                        ance, despite the fact that domestic work is
                                                                       23                        hazardous and often results in illness or phys-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        ical injuries.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              10
                                                                         1                       (15) Compounding these challenges is the fact
                                                                         2              that many domestic workers have been, and in many
                                                                         3              cases continue to be, excluded from key provisions of
                                                                         4              labor and employment laws like the Occupational
                                                                         5              Health and Safety Act of 1970 (29 U.S.C. 651 et
                                                                         6              seq.), and the National Labor Relations Act (29
                                                                         7              U.S.C. 151 et seq.). Live-in domestic workers em-
                                                                         8              ployed by private households remain excluded from
                                                                         9              the overtime protections in the Fair Labor Stand-
                                                                       10               ards Act of 1938 (29 U.S.C. 201 et seq.). Minimum
                                                                       11               employee threshold rules, misclassification of domes-
                                                                       12               tic workers as independent contractors, and exclu-
                                                                       13               sion of independent contractors from coverage mean
                                                                       14               that most domestic workers are also de facto ex-
                                                                       15               cluded from Federal civil rights protections, includ-
                                                                       16               ing protections under title VII of the Civil Rights
                                                                       17               Act of 1964 (29 U.S.C. 2000e et seq.) and other
                                                                       18               laws.
                                                                       19                        (16) The International Labour Organization’s
                                                                       20               Domestic Workers Convention, adopted in 2011,
                                                                       21               calls for domestic workers to have the right to free-
                                                                       22               dom of association and collective actions, protections
                                                                       23               against harassment, privacy rights, and the right to




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               be informed of conditions of employment. This Con-
                                                                       25               vention also calls for the right of domestic workers


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              11
                                                                         1              to keep their travel documents, the right to overtime
                                                                         2              compensation and rest breaks, the right to minimum
                                                                         3              wage coverage, the right to occupational safety and
                                                                         4              health protections, and mechanisms to pursue com-
                                                                         5              plaints and ensure compliance with the law.
                                                                         6                       (17) The unique nature of their work, in pri-
                                                                         7              vate homes with individuals and families, also often
                                                                         8              makes it difficult for domestic workers to use Fed-
                                                                         9              eral programs and policies to improve their skills
                                                                       10               and training and to join together collectively to ne-
                                                                       11               gotiate better pay and working conditions.
                                                                       12                        (18) Many domestic workers are also vulnerable
                                                                       13               to discrimination and sexual harassment. These
                                                                       14               issues are further exacerbated by the unique working
                                                                       15               conditions faced by domestic workers, such as isola-
                                                                       16               tion, poverty, immigration status, the lack of famili-
                                                                       17               arity with the law and legal processes, limited net-
                                                                       18               works for support, language barriers, and fear of re-
                                                                       19               taliation and deportation.
                                                                       20                        (19) Millions of older individuals, individuals
                                                                       21               with disabilities, and families are increasingly relying
                                                                       22               on domestic workers. By bringing domestic work out
                                                                       23               of the shadows and creating incentives and invest-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               ments that help raise wages and standards for do-
                                                                       25               mestic workers, the Federal Government can lift mil-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              12
                                                                         1              lions of the most vulnerable workers out of poverty,
                                                                         2              reduce turnover due to poor working conditions,
                                                                         3              thereby enhancing quality of care, and support the
                                                                         4              millions of working and retired people of the United
                                                                         5              States who rely on them.
                                                                         6     SEC. 3. DEFINITIONS.

                                                                         7              (a) FAIR LABOR STANDARDS ACT DEFINITIONS.—
                                                                         8 In this Act—
                                                                         9                       (1) the terms ‘‘commerce’’, ‘‘employ’’, ‘‘em-
                                                                       10               ployee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘enterprise en-
                                                                       11               gaged in commerce or in the production of goods for
                                                                       12               commerce’’, ‘‘goods’’, ‘‘person’’, and ‘‘State’’ have
                                                                       13               the meanings given such terms in section 3 of the
                                                                       14               Fair Labor Standards Act of 1938 (29 U.S.C. 203);
                                                                       15               and
                                                                       16                        (2) the term ‘‘regular rate’’ has the meaning
                                                                       17               given such term in section 7(e) of such Act (29
                                                                       18               U.S.C. 207(e)).
                                                                       19               (b) OTHER DEFINITIONS.—In this Act:
                                                                       20                        (1) CAREER                  PATHWAY.—The                         term ‘‘career
                                                                       21               pathway’’ has the meaning given such term in sec-
                                                                       22               tion 3 of the Workforce Innovation and Opportunity
                                                                       23               Act (29 U.S.C. 3102).




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (2) CHILD.—The term ‘‘child’’—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              13
                                                                         1                                 (A) means an individual who is under 18
                                                                         2                       years of age; and
                                                                         3                                 (B) includes an individual described in
                                                                         4                       subparagraph (A) who is—
                                                                         5                                        (i) a biological, foster, or adopted
                                                                         6                                 child;
                                                                         7                                        (ii) a stepchild;
                                                                         8                                        (iii) a child of a domestic partner;
                                                                         9                                        (iv) a legal ward; or
                                                                       10                                         (v) a child of a person standing in
                                                                       11                                  loco parentis.
                                                                       12                        (3) DISABILITY.—The term ‘‘disability’’ has the
                                                                       13               meaning given the term in section 3 of the Ameri-
                                                                       14               cans with Disabilities Act of 1990 (42 U.S.C.
                                                                       15               12102).
                                                                       16                        (4) DOMESTIC PARTNER.—
                                                                       17                                  (A) IN          GENERAL.—The                     term ‘‘domestic
                                                                       18                        partner’’, with respect to an individual, means
                                                                       19                        another individual with whom the individual is
                                                                       20                        in a committed relationship.
                                                                       21                                  (B)         COMMITTED                   RELATIONSHIP           DE-

                                                                       22                        FINED.—The                 term ‘‘committed relationship’’
                                                                       23                        for purposes of subparagraph (A)—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (i) means a relationship between 2 in-
                                                                       25                                  dividuals, each at least 18 years of age, in


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              14
                                                                         1                                 which both individuals share responsibility
                                                                         2                                 for a significant measure of each other’s
                                                                         3                                 common welfare; and
                                                                         4                                        (ii) includes any such relationship be-
                                                                         5                                 tween 2 individuals, including individuals
                                                                         6                                 of the same sex, that is granted legal rec-
                                                                         7                                 ognition by a State or political subdivision
                                                                         8                                 of a State as a marriage or analogous rela-
                                                                         9                                 tionship, including a civil union or domes-
                                                                       10                                  tic partnership.
                                                                       11                        (5) DOMESTIC SERVICES.—The term ‘‘domestic
                                                                       12               services’’—
                                                                       13                                  (A) means services—
                                                                       14                                         (i) of a household nature;
                                                                       15                                         (ii) provided in interstate commerce;
                                                                       16                                  and
                                                                       17                                         (iii) performed by an individual in or
                                                                       18                                  about a private home (permanent or tem-
                                                                       19                                  porary); and
                                                                       20                                  (B) includes services performed by individ-
                                                                       21                        uals such as companions, babysitters, cooks,
                                                                       22                        waiters, butlers, valets, maids, housekeepers,
                                                                       23                        nannies, nurses, janitors, laundresses, care-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        takers, handymen, gardeners, home health




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              15
                                                                         1                       aides, personal care aides or assistants, and
                                                                         2                       chauffeurs of automobiles for family use.
                                                                         3                       (6) DOMESTIC WORKER.—The term ‘‘domestic
                                                                         4              worker’’—
                                                                         5                                 (A) means, except as provided in subpara-
                                                                         6                       graph (B), an individual, including an em-
                                                                         7                       ployee, who is compensated directly or indirectly
                                                                         8                       for the performance of domestic services; and
                                                                         9                                 (B) does not include—
                                                                       10                                         (i) an individual who is a family mem-
                                                                       11                                  ber, friend, neighbor, or parent of a child
                                                                       12                                  and who provides child care for the child in
                                                                       13                                  the child’s home;
                                                                       14                                         (ii) any individual who is—
                                                                       15                                                  (I) an employee of a family child
                                                                       16                                         care provider; or
                                                                       17                                                  (II) a family child care provider;
                                                                       18                                         and
                                                                       19                                         (iii) any employee described in section
                                                                       20                                  13(a)(15) of the Fair Labor Standards Act
                                                                       21                                  of 1938 (29 U.S.C. 213(a)(15)).
                                                                       22                        (7) DOMESTIC                     WORK         HIRING             ENTITY.—The

                                                                       23               term ‘‘domestic work hiring entity’’—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) means any person who provides com-
                                                                       25                        pensation directly or indirectly to a domestic


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              16
                                                                         1                       worker for the performance of domestic serv-
                                                                         2                       ices; and
                                                                         3                                 (B) includes—
                                                                         4                                        (i) a person acting directly or indi-
                                                                         5                                 rectly in the interest of a hiring entity in
                                                                         6                                 relation to a domestic worker; and
                                                                         7                                        (ii) an employer of a domestic worker.
                                                                         8                       (8) FAMILY CHILD CARE PROVIDER.—The term
                                                                         9              ‘‘family child care provider’’ means 1 or more indi-
                                                                       10               viduals who provide child care services, in a private
                                                                       11               residence other than the residence of the child re-
                                                                       12               ceiving the services, for fewer than 24 hours per day
                                                                       13               for the child (unless the nature of the work of the
                                                                       14               parent of the child requires 24-hour care).
                                                                       15                        (9) MEDICAID HCBS-ELIGIBLE ELDERLY INDI-
                                                                       16               VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly

                                                                       17               individual’’ means an individual who—
                                                                       18                                  (A) is 65 years of age or older;
                                                                       19                                  (B) is eligible for and enrolled for medical
                                                                       20                        assistance for any of the following services
                                                                       21                        (whether provided on a fee-for-service, risk, or
                                                                       22                        other basis) under a State Medicaid program
                                                                       23                        under title XIX of the Social Security Act (42




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        U.S.C. 1396 et seq.) (including any waiver or
                                                                       25                        demonstration under such title or under section


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              17
                                                                         1                       1115 of such Act (42 U.S.C. 1315) relating to
                                                                         2                       such title), and includes an individual who be-
                                                                         3                       comes eligible for medical assistance under a
                                                                         4                       State Medicaid program when removed from a
                                                                         5                       waiting list:
                                                                         6                                        (i) Home health care services author-
                                                                         7                                 ized under paragraph (7) of section
                                                                         8                                 1905(a) of the Social Security Act (42
                                                                         9                                 U.S.C. 1396d(a)).
                                                                       10                                         (ii) Personal care services authorized
                                                                       11                                  under paragraph (24) of such section.
                                                                       12                                         (iii) PACE services authorized under
                                                                       13                                  paragraph (26) of such section.
                                                                       14                                         (iv) Home and community-based serv-
                                                                       15                                  ices authorized under subsections (b), (c),
                                                                       16                                  (i), (j), and (k) of section 1915 of such Act
                                                                       17                                  (42 U.S.C. 1396n), such services author-
                                                                       18                                  ized under a waiver under section 1115 of
                                                                       19                                  such Act (42 U.S.C. 1315), and such serv-
                                                                       20                                  ices provided through coverage authorized
                                                                       21                                  under section 1937 of such Act (42 U.S.C.
                                                                       22                                  1396u–7).
                                                                       23                                         (v) Case management services author-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  ized under section 1905(a)(19) of the So-
                                                                       25                                  cial Security Act (42 U.S.C. 1396d(a)(19))


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              18
                                                                         1                                 and section 1915(g) of such Act (42
                                                                         2                                 U.S.C. 1396n(g)).
                                                                         3                                         (vi) Rehabilitative services, including
                                                                         4                                 those related to behavioral health, de-
                                                                         5                                 scribed in section 1905(a)(13) of such Act
                                                                         6                                 (42 U.S.C. 1396d(a)(13)).
                                                                         7                                         (vii) Such other services specified by
                                                                         8                                 the Secretary of Health and Human Serv-
                                                                         9                                 ices.
                                                                       10                        (10) PARENT.—The term ‘‘parent’’, with re-
                                                                       11               spect to a parent of a domestic worker, means a bio-
                                                                       12               logical, foster, or adoptive parent of a domestic
                                                                       13               worker, a stepparent of a domestic worker, parent-
                                                                       14               in-law of a domestic worker, parent of a domestic
                                                                       15               partner of a domestic worker, or a legal guardian or
                                                                       16               other person who stood in loco parentis to the do-
                                                                       17               mestic worker when the worker was a child.
                                                                       18                        (11) PERSONAL CARE AIDE OR ASSISTANT.—
                                                                       19               The term ‘‘personal care aide or assistant’’ means
                                                                       20               an individual who provides personal care services.
                                                                       21                        (12) PERSONAL                     CARE SERVICES.—The                     term
                                                                       22               ‘‘personal care services’’ means assistance provided
                                                                       23               to an individual who is not an inpatient or resident




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               of a hospital, nursing facility, intermediate care fa-
                                                                       25               cility for individuals with intellectual disabilities, or


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              19
                                                                         1              institution for mental disease that enables the recipi-
                                                                         2              ent to accomplish activities of daily living or instru-
                                                                         3              mental activities of daily living.
                                                                         4                       (13)         SECRETARY.—The                           term          ‘‘Secretary’’
                                                                         5              means the Secretary of Labor.
                                                                         6                       (14) SELF-DIRECTED CARE.—The term ‘‘self-
                                                                         7              directed care’’, with respect to an individual, means
                                                                         8              services for the individual that are planned and pur-
                                                                         9              chased under the direction and control of the indi-
                                                                       10               vidual, including the amount, duration, scope, pro-
                                                                       11               vider, and location of the services.
                                                                       12                        (15) SHARED                      LIVING           ARRANGEMENT.—The

                                                                       13               term ‘‘shared living arrangement’’ means a living ar-
                                                                       14               rangement involving—
                                                                       15                                  (A) not more than 2 individuals who are
                                                                       16                        an individual with a disability or a Medicaid
                                                                       17                        HCBS-eligible elderly individual, except if 1 or
                                                                       18                        more of the individuals are related to each
                                                                       19                        other (by blood or a close association that is
                                                                       20                        equivalent to a family relationship);
                                                                       21                                  (B) an individual providing services for
                                                                       22                        compensation and living in the private home of
                                                                       23                        the recipient of such services;




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (C)         an         individual            receiving          funding
                                                                       25                        through a State Medicaid program under title


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00019   Fmt 6652    Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              20
                                                                         1                       XIX of the Social Security Act (42 U.S.C. 1396
                                                                         2                       et seq.), or another publicly funded program;
                                                                         3                                 (D) a stipend or room and board as the
                                                                         4                       primary form of payment for the individual pro-
                                                                         5                       viding such services; and
                                                                         6                                 (E) the individual receiving such services
                                                                         7                       having the final decision regarding who is the
                                                                         8                       provider of such services living with the indi-
                                                                         9                       vidual, through a consumer-driven matching
                                                                       10                        process that includes relationship building, per-
                                                                       11                        son-centered planning as defined by the Admin-
                                                                       12                        istrator of the Centers for Medicare & Medicaid
                                                                       13                        Services, and an assessment of individual com-
                                                                       14                        patibility.
                                                                       15                        (16) SPOUSE.—The term ‘‘spouse’’, with re-
                                                                       16               spect to a domestic worker, has the meaning given
                                                                       17               such term by the marriage laws of the State in
                                                                       18               which the marriage was celebrated.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              21
                                                                         1          TITLE I—DOMESTIC WORKER
                                                                         2           RIGHTS AND PROTECTIONS
                                                                         3          Subtitle A—Amendments to the
                                                                         4         Fair Labor Standards Act of 1938
                                                                         5     SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC

                                                                         6                             EMPLOYEES.

                                                                         7              Section 13(b)(21) of the Fair Labor Standards Act
                                                                         8 of 1938 (29 U.S.C. 213(b)(21)) is repealed.
                                                                         9     SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION

                                                                       10                              NOTICES AND COMMUNICATIONS.

                                                                       11               (a) IN GENERAL.—The Fair Labor Standards Act of
                                                                       12 1938 (29 U.S.C. 201 et seq.) is amended by inserting
                                                                       13 after section 7 (29 U.S.C. 207) the following:
                                                                       14      ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO-

                                                                       15                              TICES AND COMMUNICATIONS.

                                                                       16               ‘‘(a) DEFINITION                      OF        LIVE-IN DOMESTIC EM-
                                                                       17      PLOYEE.—In this section, the term ‘live-in domestic em-

                                                                       18 ployee’ means any employee who—
                                                                       19                        ‘‘(1) is employed in domestic service in a house-
                                                                       20               hold and resides in such household; and
                                                                       21                        ‘‘(2) in any workweek is engaged in commerce
                                                                       22               or in the production of goods for commerce or is em-
                                                                       23               ployed in an enterprise engaged in commerce or in




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               the production of goods for commerce.



                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              22
                                                                         1              ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES-
                                                                         2     TIC EMPLOYEES.—

                                                                         3                       ‘‘(1) IN GENERAL.—If an employer terminates
                                                                         4              the employment of a live-in domestic employee, the
                                                                         5              employer shall, except as provided in paragraph (3),
                                                                         6              provide the live-in domestic employee with—
                                                                         7                                 ‘‘(A) written notice of the termination not
                                                                         8                       later than 48 hours after such termination; and
                                                                         9                                 ‘‘(B)(i) not less than 30 calendar days of
                                                                       10                        lodging at—
                                                                       11                                         ‘‘(I) the household premises of the
                                                                       12                                  employer, as customarily provided by the
                                                                       13                                  employer; or
                                                                       14                                         ‘‘(II) another premise of a comparable
                                                                       15                                  lodging condition; or
                                                                       16                                  ‘‘(ii) severance pay in an amount equiva-
                                                                       17                        lent to the average earnings of the live-in do-
                                                                       18                        mestic employee for 2 weeks of employment
                                                                       19                        during the preceding 6 months.
                                                                       20                        ‘‘(2) OFF-SITE LODGING OR SEVERANCE.—If an
                                                                       21               employer chooses to provide a live-in domestic em-
                                                                       22               ployee who is terminated, as described in paragraph
                                                                       23               (1), lodging described in paragraph (1)(B)(i)(II) or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               severance pay described in paragraph (1)(B)(ii), the
                                                                       25               employer shall allow the live-in domestic employee


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              23
                                                                         1              not less than 48 hours after the notice provided
                                                                         2              under paragraph (1)(A) to vacate the household of
                                                                         3              the employer.
                                                                         4                       ‘‘(3) EXCEPTION.—
                                                                         5                                 ‘‘(A)       IN         GENERAL.—The                     requirements
                                                                         6                       under paragraph (1) shall not be required in a
                                                                         7                       case involving a good faith allegation described
                                                                         8                       in subparagraph (B) that the live-in domestic
                                                                         9                       employee has engaged in abuse or neglect, or
                                                                       10                        caused any other harmful conduct, against the
                                                                       11                        employer, any member of the family of the em-
                                                                       12                        ployer, or any individual residing in the house-
                                                                       13                        hold of the employer.
                                                                       14                                  ‘‘(B) GOOD FAITH ALLEGATIONS.—A good
                                                                       15                        faith allegation described in this subparagraph
                                                                       16                        shall be—
                                                                       17                                          ‘‘(i) made in writing and provided to
                                                                       18                                  the employee not later than 48 hours after
                                                                       19                                  the employer has knowledge of the conduct
                                                                       20                                  of the employee;
                                                                       21                                          ‘‘(ii) supported by a reasonable basis
                                                                       22                                  and belief; and
                                                                       23                                          ‘‘(iii) made without reckless disregard




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  or willful ignorance of the truth.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              24
                                                                         1              ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM-
                                                                         2     PLOYEES.—

                                                                         3                       ‘‘(1) IN GENERAL.—If an employer requires an
                                                                         4              employee to be a live-in domestic employee, the em-
                                                                         5              ployer shall—
                                                                         6                                 ‘‘(A) provide the employee with the ability,
                                                                         7                       and reasonable opportunity, to access telephone
                                                                         8                       and internet services in accordance with para-
                                                                         9                       graph (2); and
                                                                       10                                  ‘‘(B) without interference by the employer,
                                                                       11                        permit the employee to send and receive com-
                                                                       12                        munications by text message, social media, elec-
                                                                       13                        tronic or regular mail, and telephone calls.
                                                                       14                        ‘‘(2) TELEPHONE AND INTERNET SERVICES.—
                                                                       15                                  ‘‘(A) EMPLOYER WITH SERVICES.—If an
                                                                       16                        employer requires an employee to be a live-in
                                                                       17                        domestic employee and has telephone or inter-
                                                                       18                        net services for the household of the employer,
                                                                       19                        the employer shall provide the live-in domestic
                                                                       20                        employee with reasonable access to such serv-
                                                                       21                        ices without charge to the employee.
                                                                       22                                  ‘‘(B) EMPLOYER WITHOUT SERVICES.—If
                                                                       23                        an employer requires an employee to be a live-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        in domestic employee and does not have tele-




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              25
                                                                         1                       phone or internet services for the household of
                                                                         2                       the employer, the employer—
                                                                         3                                        ‘‘(i) shall provide the live-in domestic
                                                                         4                                 employee with a reasonable opportunity to
                                                                         5                                 access such services at another location;
                                                                         6                                 and
                                                                         7                                        ‘‘(ii) shall not be required to pay for
                                                                         8                                 such services.’’.
                                                                         9              (b) CONFORMING AMENDMENT.—Section 10 of the
                                                                       10 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re-
                                                                       11 pealed.
                                                                       12      SEC. 103. ENFORCEMENT.

                                                                       13               (a) PROHIBITED ACT.—Section 15(a) of the Fair
                                                                       14 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is
                                                                       15 amended—
                                                                       16                        (1) in paragraph (5), by striking the period and
                                                                       17               inserting ‘‘; and’’; and
                                                                       18                        (2) by adding at the end the following:
                                                                       19                        ‘‘(6) to violate any provision of section 8, in-
                                                                       20               cluding any regulation or order issued by the Sec-
                                                                       21               retary under that section.’’.
                                                                       22               (b) PENALTIES.—Section 16 of such Act (29 U.S.C.
                                                                       23 216) is amended—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (1) in subsection (b), by inserting ‘‘Any em-
                                                                       25               ployer who violates section 8(b) shall be liable to the


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              26
                                                                         1              employee affected in an amount of severance pay
                                                                         2              that is calculated, with respect to the employee, in
                                                                         3              accordance with section 8(b)(1)(B)(ii), and in an ad-
                                                                         4              ditional equal amount as liquidated damages. Any
                                                                         5              employer who violates section 8(c) shall be liable to
                                                                         6              the employee affected in an amount that is not to
                                                                         7              exceed $2,000 for each violation.’’ after the third
                                                                         8              sentence; and
                                                                         9                       (2) in subsection (c), by adding at the end the
                                                                       10               following: ‘‘The authority and requirements de-
                                                                       11               scribed in this subsection shall also apply with re-
                                                                       12               spect to a violation of section 8, as appropriate, and
                                                                       13               the employer shall be liable for the amounts de-
                                                                       14               scribed in subsection (b) for violations of such sec-
                                                                       15               tion.’’.
                                                                       16               (c) INJUNCTION PROCEEDINGS.—Section 17 of the
                                                                       17 Fair Labor Standards Act of 1938 (29 U.S.C. 217) is
                                                                       18 amended by striking ‘‘(except sums’’ and inserting ‘‘and
                                                                       19 in the case of violations of section 15(a)(6) the restraint
                                                                       20 of any withholding of severance pay and other damages
                                                                       21 found by the court to be due to employees under this Act
                                                                       22 (except, in either case, sums’’.
                                                                       23               (d) STATUTE OF LIMITATIONS.—Section 6 of the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended,
                                                                       25 in the matter preceding subsection (a), by inserting ‘‘(and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              27
                                                                         1 any cause of action to enforce section 8 of such Act)’’ after
                                                                         2 ‘‘under the Fair Labor Standards Act of 1938, as amend-
                                                                         3 ed’’.
                                                                         4               Subtitle B—Domestic Worker
                                                                         5                          Rights
                                                                         6     SEC. 110. WRITTEN AGREEMENTS.

                                                                         7              (a) COVERED DOMESTIC WORKER.—In this section,
                                                                         8 the term ‘‘covered domestic worker’’ means any domestic
                                                                         9 worker to whom the domestic work hiring entity expects
                                                                       10 to provide compensation for the performance of domestic
                                                                       11 services by the domestic worker for not less than 8 hours
                                                                       12 per week.
                                                                       13               (b) REQUIREMENT.—Each domestic work hiring enti-
                                                                       14 ty shall provide a written agreement in accordance with
                                                                       15 this section to each covered domestic worker hired by the
                                                                       16 entity.
                                                                       17               (c) WRITTEN AGREEMENT REQUIREMENTS.—
                                                                       18                        (1) IN          GENERAL.—A                    written agreement re-
                                                                       19               quired under this section shall—
                                                                       20                                  (A) be signed and dated by the covered do-
                                                                       21                        mestic worker and the domestic work hiring en-
                                                                       22                        tity;
                                                                       23                                  (B) be written in a language easily and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        fully understood by the covered domestic worker
                                                                       25                        and the domestic work hiring entity, which may


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              28
                                                                         1                       be in multiple languages if the worker and the
                                                                         2                       entity do not easily and fully understand the
                                                                         3                       same language; and
                                                                         4                                 (C) include the contents described in sub-
                                                                         5                       section (d).
                                                                         6                       (2) COPY.—A copy of the written agreement re-
                                                                         7              quired under this section shall be provided to the
                                                                         8              covered domestic worker not later than 5 calendar
                                                                         9              days after the date on which the covered domestic
                                                                       10               worker is hired by the domestic work hiring entity.
                                                                       11               (d) CONTENTS OF THE WRITTEN AGREEMENT.—
                                                                       12                        (1) IN GENERAL.—The contents described in
                                                                       13               this subsection shall include each of the following:
                                                                       14                                  (A) The full name, address, and contact
                                                                       15                        information of the domestic work hiring entity,
                                                                       16                        including, as appropriate, any ‘‘doing business
                                                                       17                        as’’ name of the entity and the name of each
                                                                       18                        individual of the domestic work hiring entity
                                                                       19                        who will be doing business with the covered do-
                                                                       20                        mestic worker.
                                                                       21                                  (B) The address for the location where the
                                                                       22                        covered domestic worker will be providing do-
                                                                       23                        mestic services for the domestic work hiring en-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        tity.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              29
                                                                         1                                 (C) All responsibilities to be performed by
                                                                         2                       the covered domestic worker for the domestic
                                                                         3                       work hiring entity, and the regularity in which
                                                                         4                       such responsibilities are to be performed.
                                                                         5                                 (D) The regular rate of pay of the covered
                                                                         6                       domestic worker for any work week, including
                                                                         7                       any overtime compensation due.
                                                                         8                                 (E) The day of the week when the covered
                                                                         9                       domestic worker will be paid.
                                                                       10                                  (F) The required working hours for any
                                                                       11                        work week, including—
                                                                       12                                         (i) the time of day and day of week
                                                                       13                                  the work of the covered domestic worker
                                                                       14                                  begins;
                                                                       15                                         (ii) meal and rest breaks described in
                                                                       16                                  section 115;
                                                                       17                                         (iii) time off;
                                                                       18                                         (iv) the work schedule of the worker
                                                                       19                                  at the time of hire, including—
                                                                       20                                                  (I) the time of day and the days
                                                                       21                                         of the week the covered domestic
                                                                       22                                         worker will be expected to work for
                                                                       23                                         the domestic work hiring entity each




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         week; or




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              30
                                                                         1                                                 (II) if the time of day or the days
                                                                         2                                        of the week that the domestic worker
                                                                         3                                        will be expected to work for the do-
                                                                         4                                        mestic work hiring entity will vary
                                                                         5                                        from week to week, information re-
                                                                         6                                        garding a good faith estimate of the
                                                                         7                                        days and hours for which the covered
                                                                         8                                        domestic worker will be expected to
                                                                         9                                        work for the domestic work hiring en-
                                                                       10                                         tity each week, including, at min-
                                                                       11                                         imum—
                                                                       12                                                            (aa) the average number of
                                                                       13                                                  hours the covered domestic work-
                                                                       14                                                  er will be expected to work for
                                                                       15                                                  the domestic work hiring entity
                                                                       16                                                  each week during a typical 90-
                                                                       17                                                  day period;
                                                                       18                                                            (bb) whether the covered do-
                                                                       19                                                  mestic worker can expect to work
                                                                       20                                                  any on-call shifts, as defined in
                                                                       21                                                  paragraph (3), for the domestic
                                                                       22                                                  work hiring entity;
                                                                       23                                                            (cc) a subset of days the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                                  covered            domestic             worker   can
                                                                       25                                                  typically expect to work (or to be


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              31
                                                                         1                                                 scheduled as off from work) for
                                                                         2                                                 the domestic work hiring entity;
                                                                         3                                                 and
                                                                         4                                                           (dd) the amount of notice
                                                                         5                                                 that the domestic work hiring en-
                                                                         6                                                 tity will provide to the domestic
                                                                         7                                                 worker in advance of scheduled
                                                                         8                                                 work hours (as defined in section
                                                                         9                                                 112(a)), which shall not be less
                                                                       10                                                  than 72 hours before such sched-
                                                                       11                                                  uled work hours are to begin (ex-
                                                                       12                                                  cept during a period described in
                                                                       13                                                  subparagraph                   (A)        of   section
                                                                       14                                                  112(e)(1), in a case described in
                                                                       15                                                  subparagraph                   (B)        of   section
                                                                       16                                                  112(e)(1), or in the case of a
                                                                       17                                                  shared living arrangement), and
                                                                       18                                                  the manner in which such notice
                                                                       19                                                  shall be provided;
                                                                       20                                         (v) the reporting time pay policy de-
                                                                       21                                  scribed in section 112(c); and
                                                                       22                                         (vi) the right to request and receive a
                                                                       23                                  change to scheduled work hours due to




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  personal events as described in section
                                                                       25                                  113.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00031   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              32
                                                                         1                                 (G) If applicable, any policies of the do-
                                                                         2                       mestic work hiring entity with respect to the
                                                                         3                       covered domestic worker for paying for or pro-
                                                                         4                       viding reimbursement for—
                                                                         5                                        (i) health insurance;
                                                                         6                                        (ii) transportation, meals, or lodging;
                                                                         7                                 and
                                                                         8                                        (iii) any fees or costs associated with
                                                                         9                                 the domestic services provided by the cov-
                                                                       10                                  ered domestic worker for the entity.
                                                                       11                                  (H) If applicable, any policies of the do-
                                                                       12                        mestic work hiring entity with respect to the
                                                                       13                        covered domestic worker for—
                                                                       14                                         (i) annual or other pay increases;
                                                                       15                                         (ii) severance pay; and
                                                                       16                                         (iii) providing materials or equipment
                                                                       17                                  related to the performance of domestic
                                                                       18                                  service by the covered domestic worker, in-
                                                                       19                                  cluding (if applicable) any cleaning sup-
                                                                       20                                  plies provided by the entity.
                                                                       21                                  (I) Information about policies, procedures,
                                                                       22                        and equipment related to safety and emer-
                                                                       23                        gencies.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (J) The policy of the domestic work hiring
                                                                       25                        entity pertaining to notice of termination of the


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00032   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              33
                                                                         1                       covered domestic worker by the domestic work
                                                                         2                       hiring entity.
                                                                         3                                 (K) In the case of a covered domestic
                                                                         4                       worker who resides in the household of the per-
                                                                         5                       son for whom the domestic worker provides do-
                                                                         6                       mestic services—
                                                                         7                                        (i) the circumstances under which the
                                                                         8                                 domestic work hiring entity may enter the
                                                                         9                                 designated living space of the domestic
                                                                       10                                  worker;
                                                                       11                                         (ii) the circumstances under which the
                                                                       12                                  covered domestic worker, in a shared living
                                                                       13                                  arrangement, may enter the designated liv-
                                                                       14                                  ing space of the domestic work hiring enti-
                                                                       15                                  ty; and
                                                                       16                                         (iii) a description of certain cir-
                                                                       17                                  cumstances the domestic work hiring entity
                                                                       18                                  determines as cause for—
                                                                       19                                                  (I) immediate termination of the
                                                                       20                                         covered domestic worker; and
                                                                       21                                                  (II) subject (as applicable) to
                                                                       22                                         section 8(b) of the Fair Labor Stand-
                                                                       23                                         ards Act of 1938, removal of the cov-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         ered domestic worker from the house-
                                                                       25                                         hold of the person for whom the work-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00033   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              34
                                                                         1                                        er provides domestic services not later
                                                                         2                                        than 48 hours after notice of the ter-
                                                                         3                                        mination.
                                                                         4                                 (L) Any additional benefits afforded to the
                                                                         5                       covered domestic worker by the domestic work
                                                                         6                       hiring entity.
                                                                         7                                 (M) The process for the covered domestic
                                                                         8                       worker to raise or address grievances with re-
                                                                         9                       spect to, or breaches of, the written agreement.
                                                                       10                                  (N) The process used by the domestic work
                                                                       11                        hiring entity to change any policy described in
                                                                       12                        subparagraphs (A) through (M), including ad-
                                                                       13                        dressing additional compensation if responsibil-
                                                                       14                        ities are added to those described in subpara-
                                                                       15                        graph (C), after the date on which the written
                                                                       16                        agreement is provided to the domestic worker.
                                                                       17                        (2) PROHIBITIONS.—A written agreement re-
                                                                       18               quired under this section may not—
                                                                       19                                  (A) contain—
                                                                       20                                         (i) a mandatory pre-dispute arbitra-
                                                                       21                                  tion agreement for claims made by a cov-
                                                                       22                                  ered domestic worker against a domestic
                                                                       23                                  work hiring entity regarding the legal




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  rights of the worker; or




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00034   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              35
                                                                         1                                        (ii) a non-disclosure agreement, non-
                                                                         2                                 compete agreement, or non-disparagement
                                                                         3                                 agreement, limiting the ability of the cov-
                                                                         4                                 ered domestic worker to seek compensation
                                                                         5                                 for performing domestic services after the
                                                                         6                                 worker ceases to receive compensation
                                                                         7                                 from the domestic work hiring entity for
                                                                         8                                 the performance of domestic services; and
                                                                         9                                 (B) be construed to waive the rights or
                                                                       10                        protections of a domestic worker under Federal,
                                                                       11                        State, or local law.
                                                                       12                        (3) DEFINITION OF ON-CALL SHIFT.—For pur-
                                                                       13               poses of paragraph (1)(F)(iv)(II)(bb), the term ‘‘on-
                                                                       14               call shift’’ means any time a domestic work hiring
                                                                       15               entity expects a covered domestic worker to—
                                                                       16                                  (A) be available to work; and
                                                                       17                                  (B) wait to contact, or be contacted by, the
                                                                       18                        domestic work hiring entity, or a designee of
                                                                       19                        the entity, to determine whether the worker
                                                                       20                        shall report to work during such time.
                                                                       21               (e) TIMING.—
                                                                       22                        (1) INITIAL               AGREEMENT.—A                       domestic work
                                                                       23               hiring entity shall provide a written agreement re-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               quired under this section—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00035   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              36
                                                                         1                                 (A) to each covered domestic worker hired
                                                                         2                       after the date of enactment of this Act, prior to
                                                                         3                       the first day the worker performs domestic
                                                                         4                       services for the entity; and
                                                                         5                                 (B) to each covered domestic worker hired
                                                                         6                       on or prior to the date of enactment of this Act,
                                                                         7                       90 days after such date of enactment.
                                                                         8                       (2) SUBSEQUENT                         AGREEMENTS.—Not                   later
                                                                         9              than 30 calendar days after the date on which a do-
                                                                       10               mestic work hiring entity makes a change to a writ-
                                                                       11               ten agreement provided to a covered domestic work-
                                                                       12               er under this section, the domestic work hiring enti-
                                                                       13               ty shall provide the domestic worker with an up-
                                                                       14               dated agreement in accordance with this section.
                                                                       15               (f) RECORDS.—A domestic work hiring entity that is
                                                                       16 required to provide a written agreement under this section
                                                                       17 to a covered domestic worker shall retain such agreement
                                                                       18 for a period of not less than 3 years from the date on
                                                                       19 which the covered domestic worker is no longer working
                                                                       20 for the entity.
                                                                       21               (g) MODEL WRITTEN AGREEMENTS.—
                                                                       22                        (1) IN GENERAL.—Not later than 6 months
                                                                       23               after the date of enactment of this Act, the Sec-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               retary shall establish and make available templates
                                                                       25               for model written agreements under this section.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00036   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              37
                                                                         1                       (2) REQUIREMENTS.—A model written agree-
                                                                         2              ment required under paragraph (1) shall—
                                                                         3                                 (A) be available in multiple languages com-
                                                                         4                       monly understood by domestic workers, includ-
                                                                         5                       ing all languages in which the Secretary, acting
                                                                         6                       through the Administrator of the Wage and
                                                                         7                       Hour Division, translates the basic information
                                                                         8                       fact sheet published by the Administrator; and
                                                                         9                                 (B) not include any agreement described in
                                                                       10                        subsection (d)(2)(A).
                                                                       11      SEC. 111. EARNED SICK DAYS.

                                                                       12               (a) DEFINITIONS.—In this section:
                                                                       13                        (1) DOMESTIC VIOLENCE.—The term ‘‘domestic
                                                                       14               violence’’ has the meaning given the term in section
                                                                       15               40002(a) of the Violence Against Women Act of
                                                                       16               1994 (34 U.S.C. 12291(a)), except that the ref-
                                                                       17               erence in such section to the term ‘‘jurisdiction re-
                                                                       18               ceiving grant monies’’ shall be deemed to mean the
                                                                       19               jurisdiction in which the victim lives or the jurisdic-
                                                                       20               tion in which the domestic work hiring entity in-
                                                                       21               volved is located. Such term also includes dating vio-
                                                                       22               lence, as that term is defined in such section.
                                                                       23                        (2) DOMESTIC WORKER.—The term ‘‘domestic




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               worker’’ means a domestic worker, as defined in sec-




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00037   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              38
                                                                         1              tion 3(b), other than an individual providing assist-
                                                                         2              ance through a shared living arrangement.
                                                                         3                       (3) DOMESTIC                     WORK         HIRING             ENTITY.—The

                                                                         4              term ‘‘domestic work hiring entity’’—
                                                                         5                                 (A) means such a domestic work hiring en-
                                                                         6                       tity, as defined in section 3(b), except that for
                                                                         7                       purposes of this subparagraph, a reference in
                                                                         8                       that section to a domestic worker shall be con-
                                                                         9                       sidered a domestic worker as defined in para-
                                                                       10                        graph (2); and
                                                                       11                                  (B) includes any predecessor of a hiring
                                                                       12                        entity described in subparagraph (A).
                                                                       13                        (4) EMPLOYMENT.—The term ‘‘employment’’
                                                                       14               includes service as a domestic worker.
                                                                       15                        (5) EMPLOYMENT BENEFITS.—The term ‘‘em-
                                                                       16               ployment benefits’’ means all benefits provided or
                                                                       17               made available to domestic workers by a domestic
                                                                       18               work hiring entity, including group life insurance,
                                                                       19               health insurance, disability insurance, sick leave, an-
                                                                       20               nual leave, educational benefits, and pensions, re-
                                                                       21               gardless of whether such benefits are provided by a
                                                                       22               practice or written policy of a domestic work hiring
                                                                       23               entity or through an ‘‘employee benefit plan’’, as de-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               fined in section 3(3) of the Employee Retirement In-
                                                                       25               come Security Act of 1974 (29 U.S.C. 1002(3)).


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00038   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              39
                                                                         1                       (6)       HEALTH                 CARE        PROVIDER.—The               term
                                                                         2              ‘‘health care provider’’ means a provider who—
                                                                         3                                 (A) is described in section 825.125 of title
                                                                         4                       29, Code of Federal Regulations; and
                                                                         5                                 (B) is not employed by a domestic work
                                                                         6                       hiring entity for whom the provider issues cer-
                                                                         7                       tification under this section.
                                                                         8                       (7) PAID SICK TIME.—The term ‘‘paid sick
                                                                         9              time’’ means an increment of compensated leave that
                                                                       10               can be earned by a domestic worker for use during
                                                                       11               an absence from employment for any of the reasons
                                                                       12               described in subparagraphs (A) through (D) of sub-
                                                                       13               section (b)(2).
                                                                       14                        (8) SEXUAL ASSAULT.—The term ‘‘sexual as-
                                                                       15               sault’’ has the meaning given the term in section
                                                                       16               40002(a) of the Violence Against Women Act of
                                                                       17               1994 (34 U.S.C. 12291(a)).
                                                                       18                        (9) STALKING.—The term ‘‘stalking’’ has the
                                                                       19               meaning given the term in section 40002(a) of the
                                                                       20               Violence Against Women Act of 1994 (34 U.S.C.
                                                                       21               12291(a)).
                                                                       22                        (10) VICTIM                 SERVICES             ORGANIZATION.—The

                                                                       23               term ‘‘victim services organization’’ means a non-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               profit, nongovernmental organization that provides
                                                                       25               assistance to victims of domestic violence, sexual as-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00039   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              40
                                                                         1              sault, or stalking or advocates for such victims, in-
                                                                         2              cluding a rape crisis center, an organization carrying
                                                                         3              out a domestic violence, sexual assault, or stalking
                                                                         4              prevention or treatment program, an organization
                                                                         5              operating a shelter or providing counseling services,
                                                                         6              or a legal services organization or other organization
                                                                         7              providing assistance through the legal process.
                                                                         8              (b) EARNED PAID SICK TIME.—
                                                                         9                       (1) EARNING OF TIME.—
                                                                       10                                  (A) IN GENERAL.—A domestic work hiring
                                                                       11                        entity shall provide each domestic worker em-
                                                                       12                        ployed by the hiring entity not less than 1 hour
                                                                       13                        of earned paid sick time for every 30 hours
                                                                       14                        worked, to be used as described in paragraph
                                                                       15                        (2). A domestic work hiring entity shall not be
                                                                       16                        required to permit a domestic worker to earn,
                                                                       17                        under this subsection, more than 56 hours of
                                                                       18                        paid sick time in a year, unless the hiring entity
                                                                       19                        chooses to set a higher limit.
                                                                       20                                  (B) DATES FOR BEGINNING TO EARN PAID
                                                                       21                        SICK TIME AND USE.—Domestic workers shall

                                                                       22                        begin to earn and be entitled to use earned paid
                                                                       23                        sick time under this subsection at the com-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        mencement of their employment. A domestic
                                                                       25                        work hiring entity may, at the discretion of the


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00040   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              41
                                                                         1                       hiring entity, loan paid sick time to a domestic
                                                                         2                       worker for use by such domestic worker in ad-
                                                                         3                       vance of the domestic worker earning such sick
                                                                         4                       time as provided in this paragraph and may
                                                                         5                       permit use before the 60th day of employment.
                                                                         6                                 (C) CARRYOVER.—
                                                                         7                                        (i) IN GENERAL.—Except as provided
                                                                         8                                 in clause (ii), paid sick time earned under
                                                                         9                                 this subsection shall carry over from one
                                                                       10                                  year to the next.
                                                                       11                                         (ii)       CONSTRUCTION.—This                             section
                                                                       12                                  shall not be construed to require a domes-
                                                                       13                                  tic work hiring entity to permit a domestic
                                                                       14                                  worker to earn more than 56 hours of
                                                                       15                                  earned paid sick time at a given time.
                                                                       16                                  (D) HIRING                 ENTITIES             WITH           EXISTING

                                                                       17                        POLICIES.—Any                    domestic work hiring entity
                                                                       18                        with a paid leave policy who makes available an
                                                                       19                        amount of paid leave that is sufficient to meet
                                                                       20                        the requirements of this subsection and that
                                                                       21                        may be used for the same purposes and under
                                                                       22                        the same conditions as the purposes and condi-
                                                                       23                        tions outlined in paragraph (2) shall not be re-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        quired to permit a domestic worker to earn ad-
                                                                       25                        ditional paid sick time under this subsection.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00041   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              42
                                                                         1                                 (E) CONSTRUCTION.—Nothing in this sub-
                                                                         2                       section shall be construed as requiring financial
                                                                         3                       or other reimbursement to a domestic worker
                                                                         4                       from a domestic work hiring entity upon the do-
                                                                         5                       mestic worker’s termination, resignation, retire-
                                                                         6                       ment, or other separation from employment for
                                                                         7                       earned paid sick time that has not been used.
                                                                         8                                 (F)         REINSTATEMENT.—If                           a      domestic
                                                                         9                       worker is separated from employment with a
                                                                       10                        domestic work hiring entity and is rehired,
                                                                       11                        within 12 months after that separation, by the
                                                                       12                        same hiring entity, the hiring entity shall rein-
                                                                       13                        state the domestic worker’s previously earned
                                                                       14                        paid sick time. The domestic worker shall be
                                                                       15                        entitled to use the earned paid sick time and
                                                                       16                        earn additional paid sick time at the re-
                                                                       17                        commencement of employment with the domes-
                                                                       18                        tic work hiring entity.
                                                                       19                                  (G) PROHIBITION.—A domestic work hir-
                                                                       20                        ing entity may not require, as a condition of
                                                                       21                        providing paid sick time under this subsection,
                                                                       22                        that the domestic worker involved search for or
                                                                       23                        find a replacement to cover the hours during




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        which the domestic worker is using paid sick
                                                                       25                        time.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00042   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              43
                                                                         1                       (2) USES.—Paid sick time earned under this
                                                                         2              subsection may be used by a domestic worker for
                                                                         3              any of the following:
                                                                         4                                 (A) An absence resulting from a physical
                                                                         5                       or mental illness, injury, or medical condition of
                                                                         6                       the domestic worker.
                                                                         7                                 (B) An absence resulting from obtaining
                                                                         8                       professional medical diagnosis or care, or pre-
                                                                         9                       ventive medical care, for the domestic worker.
                                                                       10                                  (C) An absence for the purpose of caring
                                                                       11                        for a child, a parent, a spouse, a domestic part-
                                                                       12                        ner, or any other individual related by blood or
                                                                       13                        affinity whose close association with the domes-
                                                                       14                        tic worker is the equivalent of a family relation-
                                                                       15                        ship, who—
                                                                       16                                         (i) has any of the conditions or needs
                                                                       17                                  for diagnosis or care described in subpara-
                                                                       18                                  graph (A) or (B);
                                                                       19                                         (ii) in the case of care for someone
                                                                       20                                  who is a child, is the subject of a school
                                                                       21                                  meeting, or a meeting at a place where the
                                                                       22                                  child is receiving care necessitated by the
                                                                       23                                  child’s health condition or disability, that




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  the domestic worker is required to attend;
                                                                       25                                  or


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00043   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              44
                                                                         1                                         (iii) is otherwise in need of care.
                                                                         2                                 (D) An absence resulting from domestic vi-
                                                                         3                       olence, sexual assault, or stalking, if the time is
                                                                         4                       to—
                                                                         5                                         (i) seek medical attention for the do-
                                                                         6                                 mestic worker or a related person de-
                                                                         7                                 scribed in subparagraph (C), to recover
                                                                         8                                 from physical or psychological injury or
                                                                         9                                 disability caused by domestic violence, sex-
                                                                       10                                  ual assault, or stalking;
                                                                       11                                          (ii) obtain or assist a related person
                                                                       12                                  described in subparagraph (C) in obtaining
                                                                       13                                  services from a victim services organiza-
                                                                       14                                  tion;
                                                                       15                                          (iii) obtain or assist a related person
                                                                       16                                  described in subparagraph (C) in obtaining
                                                                       17                                  psychological or other counseling;
                                                                       18                                          (iv) seek or assist a related person in
                                                                       19                                  seeking relocation; or
                                                                       20                                          (v) take or assist a related person in
                                                                       21                                  taking legal action, including preparing for
                                                                       22                                  or participating in any civil or criminal
                                                                       23                                  legal proceeding related to or resulting




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  from domestic violence, sexual assault, or
                                                                       25                                  stalking.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00044   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              45
                                                                         1                       (3) SCHEDULING.—A domestic worker shall
                                                                         2              make a reasonable effort to schedule a foreseeable
                                                                         3              period of paid sick time under this subsection in a
                                                                         4              manner that does not unduly disrupt the operations
                                                                         5              of the domestic work hiring entity.
                                                                         6                       (4) PROCEDURES.—
                                                                         7                                 (A) IN GENERAL.—Paid sick time shall be
                                                                         8                       provided upon the oral or written request of a
                                                                         9                       domestic worker. Such request shall—
                                                                       10                                         (i) include the expected duration of
                                                                       11                                  the period of such time;
                                                                       12                                         (ii) in a case in which the need for
                                                                       13                                  such period of time is foreseeable at least
                                                                       14                                  7 days in advance of such period, be pro-
                                                                       15                                  vided at least 7 days in advance of such
                                                                       16                                  period; and
                                                                       17                                         (iii) otherwise, be provided as soon as
                                                                       18                                  practicable after the domestic worker is
                                                                       19                                  aware of the need for such period.
                                                                       20                                  (B) CERTIFICATION IN GENERAL.—
                                                                       21                                         (i) PROVISION.—
                                                                       22                                                  (I) IN             GENERAL.—Subject            to
                                                                       23                                         clause (iv), a domestic work hiring en-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         tity may require that a request for
                                                                       25                                         paid sick time under this subsection


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00045   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              46
                                                                         1                                        for a purpose described in subpara-
                                                                         2                                        graph (A), (B), or (C) of paragraph
                                                                         3                                        (2) be supported by a certification
                                                                         4                                        issued by the health care provider of
                                                                         5                                        the eligible domestic worker or of an
                                                                         6                                        individual             described                in       paragraph
                                                                         7                                        (2)(C), as appropriate, if the period of
                                                                         8                                        such time covers more than 3 con-
                                                                         9                                        secutive workdays.
                                                                       10                                                  (II) TIMELINESS.—The domestic
                                                                       11                                         worker shall provide a copy of such
                                                                       12                                         certification to the domestic work hir-
                                                                       13                                         ing entity in a timely manner, not
                                                                       14                                         later than 30 days after the first day
                                                                       15                                         of the period of time. The domestic
                                                                       16                                         work hiring entity shall not delay the
                                                                       17                                         commencement of the period of time
                                                                       18                                         on the basis that the hiring entity has
                                                                       19                                         not yet received the certification.
                                                                       20                                         (ii) SUFFICIENT                     CERTIFICATION.—A

                                                                       21                                  certification provided under clause (i) shall
                                                                       22                                  be sufficient if it states—
                                                                       23                                                  (I) the date on which the period




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         of time will be needed;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00046   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH    H4826
                                                                                                                              47
                                                                         1                                                 (II) the probable duration of the
                                                                         2                                        period of time;
                                                                         3                                                 (III)        the        appropriate            medical
                                                                         4                                        facts within the knowledge of the
                                                                         5                                        health care provider regarding the
                                                                         6                                        condition involved, subject to clause
                                                                         7                                        (iii);
                                                                         8                                                 (IV) for purposes of paid sick
                                                                         9                                        time under paragraph (2)(A), a state-
                                                                       10                                         ment that absence from work is medi-
                                                                       11                                         cally necessary;
                                                                       12                                                  (V) for purposes of such time
                                                                       13                                         under paragraph (2)(B), the dates on
                                                                       14                                         which testing for a medical diagnosis
                                                                       15                                         or care is expected to be given and the
                                                                       16                                         duration of such testing or care; and
                                                                       17                                                  (VI) for purposes of such time
                                                                       18                                         under paragraph (2)(C), in the case of
                                                                       19                                         time to care for someone who is not a
                                                                       20                                         child, a statement that care is needed
                                                                       21                                         for an individual described in such
                                                                       22                                         paragraph, and an estimate of the
                                                                       23                                         amount of time that such care is




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         needed for such individual.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00047   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              48
                                                                         1                                        (iii) LIMITATION.—In issuing a cer-
                                                                         2                                 tification under clause (i), a health care
                                                                         3                                 provider shall make reasonable efforts to
                                                                         4                                 limit the medical facts described in clause
                                                                         5                                 (ii)(III) that are disclosed in the certifi-
                                                                         6                                 cation to the minimum necessary to estab-
                                                                         7                                 lish a need for the domestic worker to uti-
                                                                         8                                 lize paid sick time.
                                                                         9                                        (iv) REGULATIONS.—The Secretary
                                                                       10                                  shall prescribe regulations that shall speci-
                                                                       11                                  fy the manner in which a domestic worker
                                                                       12                                  who does not have health insurance shall
                                                                       13                                  provide a certification for purposes of this
                                                                       14                                  subparagraph.
                                                                       15                                         (v)       CONFIDENTIALITY                         AND    NON-

                                                                       16                                  DISCLOSURE.—

                                                                       17                                                  (I) PROTECTED HEALTH INFOR-
                                                                       18                                         MATION.—Nothing                         in       this   section
                                                                       19                                         shall be construed to require a health
                                                                       20                                         care provider to disclose information
                                                                       21                                         in violation of section 1177 of the So-
                                                                       22                                         cial Security Act (42 U.S.C. 1320d–6)
                                                                       23                                         or the regulations promulgated pursu-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         ant to section 264(c) of the Health
                                                                       25                                         Insurance Portability and Account-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00048   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              49
                                                                         1                                        ability          Act        of      1996         (42    U.S.C.
                                                                         2                                        1320d–2 note).
                                                                         3                                                 (II)          HEALTH                   INFORMATION

                                                                         4                                        RECORDS.—If a domestic work hiring

                                                                         5                                        entity possesses health information
                                                                         6                                        about a domestic worker or a related
                                                                         7                                        person described in paragraph (2)(C),
                                                                         8                                        such information shall—
                                                                         9                                                           (aa) be maintained on a sep-
                                                                       10                                                  arate form and in a separate file
                                                                       11                                                  from other personnel informa-
                                                                       12                                                  tion;
                                                                       13                                                            (bb) be treated as a con-
                                                                       14                                                  fidential medical record; and
                                                                       15                                                            (cc) not be disclosed except
                                                                       16                                                  to the affected domestic worker
                                                                       17                                                  or with the permission of the af-
                                                                       18                                                  fected domestic worker.
                                                                       19                                  (C) CERTIFICATION IN THE CASE OF DO-
                                                                       20                        MESTIC            VIOLENCE,                  SEXUAL              ASSAULT,   OR

                                                                       21                        STALKING.—

                                                                       22                                         (i) IN GENERAL.—A domestic work
                                                                       23                                  hiring entity may require that a request




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  for paid sick time under this subsection for
                                                                       25                                  a purpose described in paragraph (2)(D)


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00049   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              50
                                                                         1                                 be supported by any one of the following
                                                                         2                                 forms of documentation, but the domestic
                                                                         3                                 work hiring entity may not specify the par-
                                                                         4                                 ticular form of documentation to be pro-
                                                                         5                                 vided:
                                                                         6                                                 (I) A police report indicating that
                                                                         7                                        the domestic worker, or a related per-
                                                                         8                                        son described in paragraph (2)(D),
                                                                         9                                        was, for not less than 3 consecutive
                                                                       10                                         days, a victim of domestic violence,
                                                                       11                                         sexual assault, or stalking.
                                                                       12                                                  (II) A court order protecting or
                                                                       13                                         separating the domestic worker or a
                                                                       14                                         related person described in paragraph
                                                                       15                                         (2)(D) from the perpetrator of an act
                                                                       16                                         of domestic violence, sexual assault, or
                                                                       17                                         stalking, or other evidence from the
                                                                       18                                         court or prosecuting attorney that the
                                                                       19                                         domestic worker or a related person
                                                                       20                                         described in paragraph (2)(D) has ap-
                                                                       21                                         peared in court or is scheduled to ap-
                                                                       22                                         pear in court in a proceeding related
                                                                       23                                         to domestic violence, sexual assault, or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         stalking.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00050   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              51
                                                                         1                                                 (III) Other documentation signed
                                                                         2                                        by an individual (who may be a volun-
                                                                         3                                        teer) working for a victim services or-
                                                                         4                                        ganization, an attorney, a police offi-
                                                                         5                                        cer, a medical professional, a social
                                                                         6                                        worker, an antiviolence counselor, or a
                                                                         7                                        member of the clergy, affirming that
                                                                         8                                        the domestic worker or a related per-
                                                                         9                                        son described in paragraph (2)(D) is
                                                                       10                                         a victim of domestic violence, sexual
                                                                       11                                         assault, or stalking.
                                                                       12                                         (ii)      REQUIREMENTS.—The                             require-
                                                                       13                                  ments of subparagraph (B) shall apply to
                                                                       14                                  certifications under this paragraph, except
                                                                       15                                  that—
                                                                       16                                                  (I) subclauses (III) through (VI)
                                                                       17                                         of clause (ii) and clause (iii) of such
                                                                       18                                         subparagraph shall not apply;
                                                                       19                                                  (II) the certification shall state
                                                                       20                                         the reason that the leave is required
                                                                       21                                         with the facts to be disclosed limited
                                                                       22                                         to the minimum necessary to establish
                                                                       23                                         a need for the domestic worker to be




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         absent from work, and the domestic
                                                                       25                                         worker shall not be required to ex-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00051   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              52
                                                                         1                                        plain the details of the domestic vio-
                                                                         2                                        lence, sexual assault, or stalking in-
                                                                         3                                        volved; and
                                                                         4                                                 (III) with respect to confiden-
                                                                         5                                        tiality under clause (v) of such sub-
                                                                         6                                        paragraph, any information provided
                                                                         7                                        to the domestic work hiring entity
                                                                         8                                        under this subparagraph shall be con-
                                                                         9                                        fidential, except to the extent that any
                                                                       10                                         disclosure of such information is—
                                                                       11                                                            (aa) requested or consented
                                                                       12                                                  to in writing by the domestic
                                                                       13                                                  worker; or
                                                                       14                                                            (bb) otherwise required by
                                                                       15                                                  applicable Federal or State law.
                                                                       16               (c) CONSTRUCTION AND APPLICATION.—
                                                                       17                        (1) EFFECT ON OTHER LAWS.—
                                                                       18                                  (A) FEDERAL AND STATE ANTIDISCRIMI-
                                                                       19                        NATION LAWS.—Nothing in this section shall be

                                                                       20                        construed to modify or affect any Federal or
                                                                       21                        State law prohibiting discrimination on the
                                                                       22                        basis of race, religion, color, national origin, sex
                                                                       23                        (including sexual orientation and gender iden-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        tity), age, disability, marital status, familial sta-
                                                                       25                        tus, or any other protected status.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00052   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              53
                                                                         1                                 (B) STATE AND LOCAL LAWS.—Nothing in
                                                                         2                       this section shall be construed to supersede (in-
                                                                         3                       cluding preempting) any provision of any State
                                                                         4                       or local law that provides greater paid sick time
                                                                         5                       or leave rights (including greater amounts of
                                                                         6                       paid sick time or leave, or greater coverage of
                                                                         7                       those eligible for paid sick time or leave) than
                                                                         8                       the rights established under this section.
                                                                         9                       (2) EFFECT ON EXISTING EMPLOYMENT BENE-
                                                                       10               FITS.—

                                                                       11                                  (A) MORE PROTECTIVE.—Nothing in this
                                                                       12                        section shall be construed to diminish the obli-
                                                                       13                        gation of a domestic work hiring entity to com-
                                                                       14                        ply with any contract, any collective bargaining
                                                                       15                        agreement, or any employment benefit program
                                                                       16                        or plan that provides greater paid sick leave or
                                                                       17                        other leave rights to domestic workers than the
                                                                       18                        rights established under this section.
                                                                       19                                  (B) LESS PROTECTIVE.—The rights estab-
                                                                       20                        lished for domestic workers under this section
                                                                       21                        shall not be diminished by any contract, any
                                                                       22                        collective bargaining agreement, or any employ-
                                                                       23                        ment benefit program or plan.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00053   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              54
                                                                         1              (d) EFFECTIVE DATE.—This section, other than sub-
                                                                         2 section (b)(4)(B)(4), takes effect 2 years after the date
                                                                         3 of enactment of this Act.
                                                                         4     SEC. 112. FAIR SCHEDULING PRACTICES.

                                                                         5              (a) DEFINITION OF SCHEDULED WORK HOURS.—In
                                                                         6 this section, the term ‘‘scheduled work hours’’ means the
                                                                         7 hours on a specified day during which a domestic worker
                                                                         8 is, through a written agreement or schedule, required by
                                                                         9 a domestic work hiring entity to perform domestic services
                                                                       10 for the entity and for which the worker will receive com-
                                                                       11 pensation for such services.
                                                                       12               (b) REQUIREMENT FOR NOTICE OF COVERED DO-
                                                                       13      MESTIC           WORKER.—In the case of a covered domestic
                                                                       14 worker (as defined in section 110(a)), the domestic work
                                                                       15 hiring entity shall provide the covered domestic worker no-
                                                                       16 tice of the scheduled work hours of such worker through—
                                                                       17                        (1) a written agreement described in subclause
                                                                       18               (I) of section 110(d)(1)(F)(iv) regarding a schedule
                                                                       19               of the time of day and the days of the week the cov-
                                                                       20               ered domestic worker is expected to work for the do-
                                                                       21               mestic work hiring entity each week; or
                                                                       22                        (2) a schedule agreed upon by the domestic
                                                                       23               work hiring entity and the covered domestic worker




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               provided in the amount of time specified in accord-
                                                                       25               ance with a written agreement described in sub-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00054   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              55
                                                                         1              clause (II) of such section, regarding a good faith
                                                                         2              estimate of the time of day and the days of the week
                                                                         3              that the covered domestic worker is expected to work
                                                                         4              for the domestic work hiring entity.
                                                                         5              (c) REQUIREMENTS FOR CHANGES TO SCHEDULED
                                                                         6 WORK HOURS AND REPORTING TIME PAY.—A domestic
                                                                         7 work hiring entity shall—
                                                                         8                       (1) communicate in writing (which may be in
                                                                         9              an electronic form) any change to the scheduled
                                                                       10               work hours of a domestic worker, including any on-
                                                                       11               call shifts, not less than 72 hours before the domes-
                                                                       12               tic worker is scheduled to begin work; and
                                                                       13                        (2) pay a domestic worker—
                                                                       14                                  (A) the regular rate of pay of the domestic
                                                                       15                        worker for any scheduled work hours the do-
                                                                       16                        mestic worker does not work due to the domes-
                                                                       17                        tic work hiring entity canceling or reducing the
                                                                       18                        scheduled work hours of the domestic worker
                                                                       19                        after the domestic worker arrives to work for
                                                                       20                        the scheduled work hours; or
                                                                       21                                  (B) at a rate of 1⁄2 of the regular rate of
                                                                       22                        pay of the domestic worker for any scheduled
                                                                       23                        work hours the domestic worker does not work




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        due to the domestic work hiring entity canceling
                                                                       25                        or reducing the scheduled work hours of the do-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00055   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              56
                                                                         1                       mestic worker at a time that is less than 72
                                                                         2                       hours prior to the commencement of such
                                                                         3                       scheduled work hours, unless the domestic work
                                                                         4                       hiring entity—
                                                                         5                                        (i) is an individual with a disability
                                                                         6                                 relying on the domestic worker for dis-
                                                                         7                                 ability supports and services (or an entity
                                                                         8                                 supporting an individual with a disability);
                                                                         9                                 and
                                                                       10                                         (ii) requests the domestic worker to
                                                                       11                                  consent to work alternative, equivalent
                                                                       12                                  scheduled work hours within a 7-day pe-
                                                                       13                                  riod and the worker consents to work such
                                                                       14                                  alternative, equivalent hours.
                                                                       15               (d) RIGHT TO DECLINE SCHEDULE CHANGES.—
                                                                       16                        (1) IN GENERAL.—In the case of a covered do-
                                                                       17               mestic worker (as defined in section 110(a)), if a do-
                                                                       18               mestic work hiring entity wishes to include work
                                                                       19               hours in the scheduled work hours of such worker
                                                                       20               that are identified as hours in which the worker can
                                                                       21               typically expect to be scheduled as off from work in
                                                                       22               accordance with the written agreement under section
                                                                       23               110(d)(1)(F)(iv)(I) or are identified as hours outside




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               of        the       good          faith         estimate             under        section
                                                                       25               110(d)(1)(F)(iv)(II)(cc), the hiring entity shall ob-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00056   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              57
                                                                         1              tain the written consent of the worker to work such
                                                                         2              hours prior to the commencement of such work.
                                                                         3                       (2) CONSENT.—The consent required under
                                                                         4              paragraph (1) may be transmitted electronically to
                                                                         5              the domestic work hiring entity.
                                                                         6              (e) EXCEPTIONS.—
                                                                         7                       (1) IN GENERAL.—Notwithstanding any provi-
                                                                         8              sion in this section, the requirements under sub-
                                                                         9              section (c) shall not apply—
                                                                       10                                  (A) during any period in which the oper-
                                                                       11                        ations of the domestic work hiring entity cannot
                                                                       12                        begin or continue due to—
                                                                       13                                         (i) a fire, flood, or other natural dis-
                                                                       14                                  aster;
                                                                       15                                         (ii) a major disaster or emergency de-
                                                                       16                                  clared by the President under section 401
                                                                       17                                  or 501, respectively, of the Robert T. Staf-
                                                                       18                                  ford Disaster Relief and Emergency Assist-
                                                                       19                                  ance Act (42 U.S.C. 5170, 5191) or a
                                                                       20                                  state of emergency declared by a Governor
                                                                       21                                  of a State or chief official of a unit of local
                                                                       22                                  government; or
                                                                       23                                         (iii) a severe weather condition that




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  poses a threat to worker safety; or
                                                                       25                                  (B) in a case in which—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00057   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              58
                                                                         1                                        (i) the domestic worker voluntarily re-
                                                                         2                                 quested in writing a change to the sched-
                                                                         3                                 uled work hours of the worker; or
                                                                         4                                        (ii) the domestic work hiring entity
                                                                         5                                 changes the scheduled work hours of a do-
                                                                         6                                 mestic worker due to—
                                                                         7                                                 (I) a medical emergency requir-
                                                                         8                                        ing emergency medical treatment or
                                                                         9                                        hospitalization; or
                                                                       10                                                  (II) the risk of contagion or a
                                                                       11                                         quarantine requirement related to the
                                                                       12                                         public health emergency declared by
                                                                       13                                         the Secretary of Health and Human
                                                                       14                                         Services under section 319 of the
                                                                       15                                         Public Health Service Act (42 U.S.C.
                                                                       16                                         247d) on January 31, 2020, with re-
                                                                       17                                         spect to COVID–19, or any other
                                                                       18                                         public           health          emergency              declared
                                                                       19                                         under such section.
                                                                       20                        (2) SHARED LIVING ARRANGEMENT.—Notwith-
                                                                       21               standing any provision in this section, the require-
                                                                       22               ments under this section shall not apply to a shared
                                                                       23               living arrangement.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00058   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              59
                                                                         1              (f) EFFECTIVE DATE.—This section shall take effect
                                                                         2 on the date that is 2 years after the date of enactment
                                                                         3 of this Act.
                                                                         4     SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY

                                                                         5                             CHANGES TO SCHEDULED WORK HOURS DUE

                                                                         6                             TO PERSONAL EVENTS.

                                                                         7              (a) DEFINITIONS.—In this section:
                                                                         8                       (1) COVERED DOMESTIC WORKER.—The term
                                                                         9              ‘‘covered domestic worker’’ has the meaning given
                                                                       10               the term in section 110(a).
                                                                       11                        (2) DOMESTIC VIOLENCE.—The term ‘‘domestic
                                                                       12               violence’’ has the meaning given the term in section
                                                                       13               111(a).
                                                                       14                        (3) PERSONAL                     EVENT.—The                 term ‘‘personal
                                                                       15               event’’, with respect to a covered domestic worker,
                                                                       16               means—
                                                                       17                                  (A) an event resulting in the need of the
                                                                       18                        covered domestic worker to serve as a caregiver
                                                                       19                        for an individual related to the covered domestic
                                                                       20                        worker by blood or affinity or whose close asso-
                                                                       21                        ciation with the covered domestic worker is the
                                                                       22                        equivalent of a family relationship;
                                                                       23                                  (B) an event resulting from the obligation




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        of a covered domestic worker to attend a legal
                                                                       25                        proceeding or hearing for subsistence benefits,


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00059   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              60
                                                                         1                       including benefits under the supplemental nutri-
                                                                         2                       tion assistance program established under the
                                                                         3                       Food and Nutrition Act of 2008 (7 U.S.C.
                                                                         4                       2011 et seq.) or under a State program for
                                                                         5                       temporary assistance for needy families estab-
                                                                         6                       lished under part A of title IV of the Social Se-
                                                                         7                       curity Act (42 U.S.C. 601 et seq.), to which the
                                                                         8                       worker, or an individual related to the worker
                                                                         9                       as described in subparagraph (A), is a party or
                                                                       10                        witness; or
                                                                       11                                  (C) any circumstance that would constitute
                                                                       12                        a basis for permissible use of safe time, or fam-
                                                                       13                        ily, medical, or sick leave, as determined based
                                                                       14                        on the policy of the domestic work hiring entity.
                                                                       15                        (4) SAFE TIME.—The term ‘‘safe time’’, with
                                                                       16               respect to a covered domestic worker, means an ab-
                                                                       17               sence from work of the worker resulting from do-
                                                                       18               mestic violence, sexual assault, or stalking, if the ab-
                                                                       19               sence is to—
                                                                       20                                  (A) seek medical attention for the worker
                                                                       21                        or a child, parent, spouse, or domestic partner
                                                                       22                        of the worker, or any other individual related to
                                                                       23                        the worker by blood or affinity whose close as-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        sociation with the worker is the equivalent of a
                                                                       25                        family relationship, in order to recover from


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00060   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              61
                                                                         1                       physical or psychological injury or disability
                                                                         2                       caused by domestic violence, sexual assault, or
                                                                         3                       stalking;
                                                                         4                                 (B) obtain, or assist a child, parent,
                                                                         5                       spouse, domestic partner, or other individual
                                                                         6                       described in subparagraph (A) in obtaining,
                                                                         7                       services from a victim services organization;
                                                                         8                                 (C) obtain, or assist a child, parent,
                                                                         9                       spouse, domestic partner, or other individual
                                                                       10                        described in subparagraph (A) in obtaining,
                                                                       11                        psychological or other counseling;
                                                                       12                                  (D) seek relocation for the worker or a
                                                                       13                        child, parent, spouse, domestic partner, or other
                                                                       14                        individual described in subparagraph (A); or
                                                                       15                                  (E) take legal action, including preparing
                                                                       16                        for or participating in any civil or criminal legal
                                                                       17                        proceeding related to or resulting from domestic
                                                                       18                        violence, sexual assault, or stalking, of the
                                                                       19                        worker or a child, parent, spouse, domestic
                                                                       20                        partner, or other individual described in sub-
                                                                       21                        paragraph (A).
                                                                       22                        (5) SCHEDULED                       WORK           HOURS.—The            term
                                                                       23               ‘‘scheduled work hours’’ has the meaning given such




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               term in section 112(a), except that references in
                                                                       25               such section to the term ‘‘domestic worker’’ shall be


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00061   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              62
                                                                         1              deemed to be a reference to the term ‘‘covered do-
                                                                         2              mestic worker’’.
                                                                         3                       (6) SEXUAL ASSAULT; STALKING.—The terms
                                                                         4              ‘‘sexual assault’’ and ‘‘stalking’’ have the meanings
                                                                         5              given such terms in section 111(a).
                                                                         6                       (7) TEMPORARY                      CHANGE.—The                     term ‘‘tem-
                                                                         7              porary change’’, with respect to a change in the
                                                                         8              scheduled work hours of a covered domestic worker,
                                                                         9              means a limited alteration in the hours or dates
                                                                       10               that, or locations where, a worker is scheduled to
                                                                       11               work, including through using paid time off, trading
                                                                       12               or shifting work hours, or using short-term unpaid
                                                                       13               leave.
                                                                       14               (b) REQUEST.—
                                                                       15                        (1) IN GENERAL.—In accordance with this sub-
                                                                       16               section, for each calendar year, a domestic work hir-
                                                                       17               ing entity shall, upon request of a covered domestic
                                                                       18               worker, grant to the covered domestic worker not
                                                                       19               less than—
                                                                       20                                  (A) 2 requests for a temporary change,
                                                                       21                        covering not more than 1 business day per re-
                                                                       22                        quest, to the scheduled work hours of the work-
                                                                       23                        er due to a personal event; or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (B) 1 request for a temporary change, cov-
                                                                       25                        ering not more than 2 business days, to the


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00062   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              63
                                                                         1                       scheduled work hours of the worker due to a
                                                                         2                       personal event.
                                                                         3                       (2) NOTIFICATION OF REQUEST.—
                                                                         4                                 (A) IN          GENERAL.—A                    covered domestic
                                                                         5                       worker who requests a temporary change to the
                                                                         6                       scheduled work hours of the worker due to a
                                                                         7                       personal event under this subsection shall—
                                                                         8                                        (i) notify the domestic work hiring en-
                                                                         9                                 tity, or direct supervisor, of such worker,
                                                                       10                                  as soon as the worker becomes aware of
                                                                       11                                  the need for the temporary change and in-
                                                                       12                                  form the entity or supervisor that the
                                                                       13                                  change is due to a personal event;
                                                                       14                                         (ii) make a proposal for the temporary
                                                                       15                                  change to the scheduled work hours of the
                                                                       16                                  worker, unless the worker seeks leave with-
                                                                       17                                  out pay; and
                                                                       18                                         (iii) subject to subparagraph (B), not
                                                                       19                                  be required to initially submit the request
                                                                       20                                  in writing.
                                                                       21                                  (B) WRITTEN RECORD.—
                                                                       22                                         (i) IN GENERAL.—A covered domestic
                                                                       23                                  worker that requests a temporary change




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  to the scheduled work hours of the worker
                                                                       25                                  under this subsection and does not initially


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00063   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              64
                                                                         1                                 submit a request for such change in writ-
                                                                         2                                 ing shall, as soon as practicable and not
                                                                         3                                 later than 2 business days after date on
                                                                         4                                 which the worker returns to work following
                                                                         5                                 the conclusion of the temporary change to
                                                                         6                                 the scheduled work hours, submit a written
                                                                         7                                 record of such request indicating—
                                                                         8                                                 (I) the date for which the change
                                                                         9                                        was requested; and
                                                                       10                                                  (II) that the request was made
                                                                       11                                         due to a personal event.
                                                                       12                                         (ii) ELECTRONIC MEANS.—A domestic
                                                                       13                                  work hiring entity may require that a
                                                                       14                                  record under this subparagraph be sub-
                                                                       15                                  mitted in electronic form if workers of the
                                                                       16                                  domestic work hiring entity commonly use
                                                                       17                                  an electronic form to request and manage
                                                                       18                                  leave and schedule changes.
                                                                       19               (c) RESPONSE.—A domestic work hiring entity who
                                                                       20 receives a request under subsection (b) for a temporary
                                                                       21 change to the scheduled work hours of a covered domestic
                                                                       22 worker due to a personal event shall respond as soon as
                                                                       23 practicable. Such entity shall not be initially required to




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 respond to such request in writing. If such entity does not
                                                                       25 initially respond to the requested schedule change in writ-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00064   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              65
                                                                         1 ing, the entity shall, as soon as practicable and not later
                                                                         2 than 1 week after the requested schedule change, provide
                                                                         3 the domestic worker with a written record of the response
                                                                         4 to the requested schedule change.
                                                                         5              (d) EFFECTIVE DATE.—This section shall take effect
                                                                         6 on the date that is 2 years after the date of enactment
                                                                         7 of this Act.
                                                                         8     SEC. 114. PRIVACY.

                                                                         9              (a) IN GENERAL.—A domestic work hiring entity
                                                                       10 shall not—
                                                                       11                        (1) monitor or record a domestic worker while
                                                                       12               such domestic worker is—
                                                                       13                                  (A) using restroom or bathing facilities;
                                                                       14                                  (B) in the private living quarters of the
                                                                       15                        worker; or
                                                                       16                                  (C) engaging in any activities associated
                                                                       17                        with the dressing, undressing, or changing of
                                                                       18                        clothes of the worker;
                                                                       19                        (2) subject to subsection (b), restrict or inter-
                                                                       20               fere with, or monitor, the private communications of
                                                                       21               such domestic worker; or
                                                                       22                        (3) take possession of any documents or other
                                                                       23               personal effects of such domestic worker.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (b) PRIVATE COMMUNICATIONS.—A domestic work
                                                                       25 hiring entity may—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00065   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              66
                                                                         1                       (1) restrict, interfere with, or monitor the pri-
                                                                         2              vate communications of a domestic worker if the do-
                                                                         3              mestic work hiring entity has a reasonable belief
                                                                         4              that such communications significantly interfere
                                                                         5              with the domestic worker’s performance of expected
                                                                         6              duties; and
                                                                         7                       (2) establish reasonable restrictions on the pri-
                                                                         8              vate communications of a domestic worker while
                                                                         9              such worker is performing work for the domestic
                                                                       10               work hiring entity.
                                                                       11               (c) RELATION TO OTHER LAWS.—This section shall
                                                                       12 not preclude liability under any other law.
                                                                       13               (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In
                                                                       14 this section, the term ‘‘private communications’’ means
                                                                       15 any communication through telephone or internet services,
                                                                       16 including sending and receiving communications by text
                                                                       17 message, social media, electronic mail, and telephone, with
                                                                       18 an entity or individual other than the domestic work hiring
                                                                       19 entity.
                                                                       20      SEC. 115. BREAKS FOR MEALS AND REST.

                                                                       21               (a) MEAL BREAKS.—
                                                                       22                        (1) IN GENERAL.—Except as provided in sub-
                                                                       23               section (c), a domestic work hiring entity shall not




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               require a domestic worker to work more than 5
                                                                       25               hours for such hiring entity without an uninter-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00066   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              67
                                                                         1              rupted meal break of not less than 30 minutes. The
                                                                         2              number of hours worked by a domestic worker for
                                                                         3              purposes of this paragraph shall be calculated with-
                                                                         4              out regard to any rest break the worker takes and
                                                                         5              to which the worker has a right under subsection
                                                                         6              (b).
                                                                         7                       (2) RATE OF PAY.—A domestic work hiring en-
                                                                         8              tity shall pay a domestic worker for a meal break
                                                                         9              under paragraph (1) at the regular rate of pay of
                                                                       10               the domestic worker unless the domestic worker is
                                                                       11               relieved of all duty for not less than 30 minutes dur-
                                                                       12               ing the meal break and is permitted to leave the
                                                                       13               work site during such break.
                                                                       14                        (3) PAID MEAL BREAK.—Except as provided in
                                                                       15               subsection (c), for any paid meal break required
                                                                       16               under paragraph (2), a domestic work hiring enti-
                                                                       17               ty—
                                                                       18                                  (A) shall provide a reasonable opportunity
                                                                       19                        for a domestic worker to take such break for a
                                                                       20                        period of uninterrupted time that is not less
                                                                       21                        than 30 minutes; and
                                                                       22                                  (B) shall not impede or discourage a do-
                                                                       23                        mestic worker from taking such meal break.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (b) REST BREAKS.—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00067   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              68
                                                                         1                       (1) IN GENERAL.—Except as provided in sub-
                                                                         2              section (c), for every 4 hours of work that a domes-
                                                                         3              tic worker is scheduled to perform for a domestic
                                                                         4              work hiring entity, the entity shall allow the worker
                                                                         5              a rest break of not less than 10 uninterrupted min-
                                                                         6              utes in which the domestic worker is relieved of all
                                                                         7              duties related to providing domestic services to the
                                                                         8              domestic work hiring entity. The domestic work hir-
                                                                         9              ing entity shall allow such rest break to occur during
                                                                       10               the first 3 hours of consecutive work performed by
                                                                       11               the worker for the entity.
                                                                       12                        (2) RATE OF PAY.—A domestic work hiring en-
                                                                       13               tity shall pay a domestic worker for the times spent
                                                                       14               by the worker for a rest break under paragraph (1)
                                                                       15               at the regular rate of pay of the worker. The hiring
                                                                       16               entity shall not impede or discourage a domestic
                                                                       17               worker from taking such break.
                                                                       18               (c) EXCEPTIONS.—
                                                                       19                        (1) IN GENERAL.—Subject to paragraph (2), a
                                                                       20               domestic worker may not have the right to a meal
                                                                       21               break under subsection (a), or a rest break under
                                                                       22               subsection (b), in a case in which the safety of an
                                                                       23               individual under the care of the domestic worker




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               prevents the domestic worker from taking such
                                                                       25               break.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00068   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              69
                                                                         1                       (2) ON-DUTY BREAKS.—
                                                                         2                                 (A) DEFINITION                     OF      ON-DUTY.—In         this
                                                                         3                       subsection, the term ‘‘on-duty’’, with respect to
                                                                         4                       a meal break under subsection (a) or a rest
                                                                         5                       break under subsection (b), means such a break
                                                                         6                       in which the domestic worker—
                                                                         7                                        (i) is not relieved of all duties of the
                                                                         8                                 worker for the domestic work hiring entity;
                                                                         9                                 and
                                                                       10                                         (ii) may, to the extent possible given
                                                                       11                                  the duties of the domestic worker for the
                                                                       12                                  domestic work hiring entity, engage in per-
                                                                       13                                  sonal activities, such as resting, eating a
                                                                       14                                  meal, drinking a beverage, making a per-
                                                                       15                                  sonal telephone call, or making other per-
                                                                       16                                  sonal choices.
                                                                       17                                  (B) AUTHORIZATION.—
                                                                       18                                         (i) IN GENERAL.—In a case described
                                                                       19                                  in paragraph (1), the domestic worker may
                                                                       20                                  still take an on-duty meal or rest break
                                                                       21                                  under subsection (a) or (b), respectively,
                                                                       22                                  if—
                                                                       23                                                  (I) the nature of the work pre-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         vents a domestic worker from being
                                                                       25                                         relieved of all duties required of the


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00069   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              70
                                                                         1                                        domestic worker for the domestic
                                                                         2                                        work hiring entity; and
                                                                         3                                                 (II) the domestic worker and the
                                                                         4                                        domestic work hiring entity agree to
                                                                         5                                        such an on-duty meal or rest break in
                                                                         6                                        a written agreement described in
                                                                         7                                        clause (ii).
                                                                         8                                        (ii)        WRITTEN                  AGREEMENT.—The

                                                                         9                                 written agreement under clause (i)(II)
                                                                       10                                  shall include a provision allowing the do-
                                                                       11                                  mestic worker to, in writing, revoke the
                                                                       12                                  agreement at any time.
                                                                       13                                  (C) RATE OF PAY.—A domestic work hir-
                                                                       14                        ing entity shall compensate a domestic worker
                                                                       15                        for the time of an on-duty meal or rest break
                                                                       16                        under this paragraph at the regular rate of pay
                                                                       17                        of the worker for the entity.
                                                                       18                        (3) SHARED LIVING ARRANGEMENT.—The re-
                                                                       19               quirements under this section shall not apply in the
                                                                       20               case of a shared living arrangement.
                                                                       21      SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT-

                                                                       22                              AGES, BREAKAGES, LOSS, OR MODES OF COM-

                                                                       23                              MUNICATION.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (a) IN GENERAL.—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00070   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              71
                                                                         1                       (1) REQUIREMENT.—Except as provided in
                                                                         2              paragraph (2), a domestic work hiring entity may
                                                                         3              not make any deduction from the wage of, or require
                                                                         4              any reimbursement from, a domestic worker for—
                                                                         5                                 (A) any cash shortage of the domestic
                                                                         6                       work hiring entity; or
                                                                         7                                 (B) breakage or loss of the entity’s equip-
                                                                         8                       ment or other belongings.
                                                                         9                       (2) EXCEPTION.—A domestic work hiring entity
                                                                       10               may deduct from the wage of, or require reimburse-
                                                                       11               ment from, a domestic worker described in para-
                                                                       12               graph (1) if the entity can show that a shortage,
                                                                       13               breakage, or loss described in paragraph (1) was
                                                                       14               caused by a dishonest or willful act of the domestic
                                                                       15               worker.
                                                                       16               (b) COMMUNICATIONS.—No domestic work hiring en-
                                                                       17 tity shall make any deduction from the wage of, or other-
                                                                       18 wise penalize, a domestic worker for communicating with
                                                                       19 a consumer of domestic services directly as opposed to
                                                                       20 communicating through an application or other messaging
                                                                       21 service provided by an on-demand platform or otherwise
                                                                       22 required by the domestic work hiring entity.
                                                                       23               (c) VIOLATION.—Any deduction or reimbursement in




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 violation of subsection (a)(1) or (b) shall be deemed an
                                                                       25 unpaid wage for purposes of enforcement under section


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00071   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              72
                                                                         1 118, and the domestic worker shall have the right to re-
                                                                         2 cover such wage in accordance with such section.
                                                                         3     SEC. 117. PROHIBITED ACTS.

                                                                         4              (a) INTERFERENCE WITH RIGHTS.—It shall be un-
                                                                         5 lawful for any person to interfere with, restrain, or deny
                                                                         6 the exercise of, or the attempt to exercise, any right pro-
                                                                         7 vided under this subtitle, including—
                                                                         8                       (1) discharging or in any manner discrimi-
                                                                         9              nating against (including retaliating against) any
                                                                       10               domestic worker for—
                                                                       11                                  (A) exercising, or attempting to exercise,
                                                                       12                        any right provided under this subtitle; or
                                                                       13                                  (B) engaging in concerted activities for the
                                                                       14                        purpose of collective bargaining or mutual aid
                                                                       15                        or protection, regardless of whether such activi-
                                                                       16                        ties are with domestic workers of different em-
                                                                       17                        ployers or domestic workers at different work-
                                                                       18                        sites; and
                                                                       19                        (2) discriminating against any domestic worker
                                                                       20               by using the exercise of a right provided under this
                                                                       21               subtitle as a negative factor in an employment ac-
                                                                       22               tion, such as an action involving hiring, promotion,
                                                                       23               or changing work hours or number of shifts, or a




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               disciplinary action.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00072   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              73
                                                                         1              (b) RETALIATION PROTECTION.—It shall be unlawful
                                                                         2 for any domestic work hiring entity to discharge, demote,
                                                                         3 suspend, reduce the work hours of, take any other adverse
                                                                         4 employment action against, threaten to take an adverse
                                                                         5 employment action against, or in any other manner dis-
                                                                         6 criminate against a domestic worker with respect to com-
                                                                         7 pensation, terms, conditions, or privileges of employment
                                                                         8 because the domestic worker (or any person acting pursu-
                                                                         9 ant to the request of the domestic worker), whether at the
                                                                       10 initiative of the domestic worker or in the ordinary course
                                                                       11 of the domestic worker’s duties—
                                                                       12                        (1) opposes any practice made unlawful under
                                                                       13               this subtitle;
                                                                       14                        (2) asserts any claim or right under this sub-
                                                                       15               title;
                                                                       16                        (3) assists a domestic worker in asserting such
                                                                       17               claim or right;
                                                                       18                        (4) informs any domestic worker about this
                                                                       19               subtitle;
                                                                       20                        (5) requests a change to the written agreement
                                                                       21               described in section 110;
                                                                       22                        (6) requests a change in scheduled work hours
                                                                       23               described in section 112, or any other schedule




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               change, without regard to the eligibility of such do-
                                                                       25               mestic worker to receive any such change;


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00073   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              74
                                                                         1                       (7) participates as a member of, or takes an ac-
                                                                         2              tion described in paragraph (8) with respect to, the
                                                                         3              Domestic Worker Standards Board described in sec-
                                                                         4              tion 201;
                                                                         5                       (8)(A) files an action, or institutes or causes to
                                                                         6              be instituted any proceeding, under or related to this
                                                                         7              subtitle;
                                                                         8                       (B) gives, or is about to give, any information
                                                                         9              in connection with any inquiry or proceeding relating
                                                                       10               to any right provided under this subtitle; or
                                                                       11                        (C) testifies, or is about to testify, in any in-
                                                                       12               quiry or proceeding relating to any right provided
                                                                       13               under this subtitle; and
                                                                       14                        (9) engages in concerted activities for the pur-
                                                                       15               pose of collective bargaining or mutual aid or protec-
                                                                       16               tion, regardless of whether such activities are with
                                                                       17               domestic workers of different employers or domestic
                                                                       18               workers at different worksites.
                                                                       19               (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI-
                                                                       20      NATION.—For purposes of subsections (a) and (b), dis-

                                                                       21 crimination with respect to compensation, terms, condi-
                                                                       22 tions, or privileges of employment occurs if a person un-
                                                                       23 dertakes any of the following activities (unless such activ-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 ity is legal conduct undertaken at the express and specific
                                                                       25 direction or request of the Federal Government):


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00074   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              75
                                                                         1                       (1) Reporting, or threatening to report, the citi-
                                                                         2              zenship or immigration status of a domestic worker,
                                                                         3              or the suspected citizenship or immigration status of
                                                                         4              a family member of such an individual, to a Federal,
                                                                         5              State, or local agency.
                                                                         6                       (2) Requesting more or different documents
                                                                         7              than those required under section 274A(b) of the
                                                                         8              Immigration                and            Nationality             Act        (8   U.S.C.
                                                                         9              1324a(b)), or refusing to honor documents that on
                                                                       10               their face appear to be genuine.
                                                                       11                        (3) Using the Federal E-Verify system to check
                                                                       12               employment status in a manner not required under
                                                                       13               section 274A(b) of the Immigration and Nationality
                                                                       14               Act (8 U.S.C. 1324a(b)) or any memorandum gov-
                                                                       15               erning use of the E-Verify system.
                                                                       16                        (4) Filing, or threatening to file, a false police
                                                                       17               report relating to the immigration status of a do-
                                                                       18               mestic worker, or a family member of a domestic
                                                                       19               worker.
                                                                       20                        (5) Contacting, or threatening to contact, immi-
                                                                       21               gration authorities relating to the immigration sta-
                                                                       22               tus of a domestic worker, or a family member of a
                                                                       23               domestic worker.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (d) PRESUMPTION OF RETALIATION.—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00075   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              76
                                                                         1                       (1) IN GENERAL.—For the purposes of sub-
                                                                         2              sections (a) and (b), proof that a person discharged
                                                                         3              an individual, or discriminated against an individual
                                                                         4              with respect to compensation, terms, conditions, or
                                                                         5              privileges of employment, within 90 days of the indi-
                                                                         6              vidual involved asserting any claim or right under
                                                                         7              this subtitle, or assisting any other individual in as-
                                                                         8              serting such a claim or right, shall raise a presump-
                                                                         9              tion that the discharge or discrimination was in re-
                                                                       10               taliation as prohibited under subsection (a) or (b),
                                                                       11               as the case may be.
                                                                       12                        (2) REBUTTAL.—The presumption under para-
                                                                       13               graph (1) may be rebutted by clear and convincing
                                                                       14               evidence that such discharge or discrimination was
                                                                       15               taken for another permissible reason.
                                                                       16      SEC. 118. ENFORCEMENT AUTHORITY.

                                                                       17               (a) IN GENERAL.—
                                                                       18                        (1) APPLICATION.—In this subsection—
                                                                       19                                  (A) the term ‘‘domestic worker’’ means a
                                                                       20                        domestic              worker           described             in          subsection
                                                                       21                        (e)(1)(A); and
                                                                       22                                  (B) the term ‘‘domestic work hiring enti-
                                                                       23                        ty’’ means a domestic work hiring entity de-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        scribed in subsection (e)(2)(A).
                                                                       25                        (2) INVESTIGATIVE AUTHORITY.—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00076   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              77
                                                                         1                                 (A) IN GENERAL.—To ensure compliance
                                                                         2                       with the provisions of this subtitle, or any regu-
                                                                         3                       lation or order issued under this subtitle, the
                                                                         4                       Secretary shall have the investigative authority
                                                                         5                       provided under section 11(a) of the Fair Labor
                                                                         6                       Standards Act of 1938 (29 U.S.C. 211(a)),
                                                                         7                       with respect to hiring entities, domestic work-
                                                                         8                       ers, and other individuals affected.
                                                                         9                                 (B) OBLIGATION TO KEEP AND PRESERVE
                                                                       10                        RECORDS.—A domestic work hiring entity shall

                                                                       11                        make, keep, and preserve records pertaining to
                                                                       12                        compliance with this subtitle in accordance with
                                                                       13                        section 11(c) of the Fair Labor Standards Act
                                                                       14                        of 1938 (29 U.S.C. 211(c)) and in accordance
                                                                       15                        with regulations prescribed by the Secretary.
                                                                       16                                  (C) REQUIRED SUBMISSIONS GENERALLY
                                                                       17                        LIMITED TO AN ANNUAL BASIS.—The Secretary

                                                                       18                        shall not require under this paragraph a domes-
                                                                       19                        tic work hiring entity to submit to the Sec-
                                                                       20                        retary any books or records more than once
                                                                       21                        during any 12-month period, unless the Sec-
                                                                       22                        retary—
                                                                       23                                         (i) has reasonable cause to believe




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  there may exist a violation of this subtitle,




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00077   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              78
                                                                         1                                 including any regulation or order issued
                                                                         2                                 under this subtitle; or
                                                                         3                                        (ii) is investigating a charge under
                                                                         4                                 paragraph (4).
                                                                         5                                 (D) SUBPOENA AUTHORITY.—For the pur-
                                                                         6                       poses of any investigation under this paragraph,
                                                                         7                       the Secretary shall have the subpoena authority
                                                                         8                       provided under section 9 of the Fair Labor
                                                                         9                       Standards Act of 1938 (29 U.S.C. 209).
                                                                       10                        (3) CIVIL ACTION BY DOMESTIC WORKERS.—
                                                                       11                                  (A) RIGHT OF ACTION.—An action to re-
                                                                       12                        cover the damages or equitable relief prescribed
                                                                       13                        in subparagraph (B) may be maintained
                                                                       14                        against a domestic work hiring entity by one or
                                                                       15                        more domestic workers, or a representative for
                                                                       16                        and on behalf of the domestic workers and any
                                                                       17                        other domestic workers that may be similarly
                                                                       18                        situated.
                                                                       19                                  (B) LIABILITY.—A domestic work hiring
                                                                       20                        entity that violates this subtitle shall be liable
                                                                       21                        to a domestic worker aggrieved by the violation,
                                                                       22                        except as provided in subparagraphs (C) and
                                                                       23                        (D), for—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (i) damages equal to—
                                                                       25                                                  (I) the amount of—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00078   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              79
                                                                         1                                                           (aa) any wages, salary, em-
                                                                         2                                                 ployment benefits, or other com-
                                                                         3                                                 pensation denied or lost by rea-
                                                                         4                                                 son of the violation; or
                                                                         5                                                           (bb) in a case in which
                                                                         6                                                 wages, salary, employment bene-
                                                                         7                                                 fits, or other compensation have
                                                                         8                                                 not been denied or lost, any ac-
                                                                         9                                                 tual monetary losses sustained,
                                                                       10                                                  or the costs reasonably related to
                                                                       11                                                  damage to or loss of property, or
                                                                       12                                                  any other injury to the person,
                                                                       13                                                  reputation, character, or feelings,
                                                                       14                                                  sustained by a domestic worker
                                                                       15                                                  as a direct result of the violation,
                                                                       16                                                  or any injury to another person
                                                                       17                                                  sustained as a direct result of the
                                                                       18                                                  violation, by the domestic work
                                                                       19                                                  hiring entity;
                                                                       20                                                  (II) the interest on the amount
                                                                       21                                         described in subclause (I) calculated
                                                                       22                                         at the prevailing rate;
                                                                       23                                                  (III) an additional amount as liq-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         uidated damages; and




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00079   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              80
                                                                         1                                                 (IV) such other legal relief as
                                                                         2                                        may be appropriate;
                                                                         3                                        (ii) such equitable relief as may be ap-
                                                                         4                                 propriate, including employment, reinstate-
                                                                         5                                 ment, and promotion; and
                                                                         6                                        (iii) a reasonable attorney’s fee, rea-
                                                                         7                                 sonable expert witness fees, and other costs
                                                                         8                                 of the action.
                                                                         9                                 (C) MEAL AND REST BREAKS.—In the case
                                                                       10                        of a violation of section 115, the domestic work
                                                                       11                        hiring entity involved shall be liable under sub-
                                                                       12                        paragraph (B)—
                                                                       13                                         (i) for the amount of damages de-
                                                                       14                                  scribed in subclauses (I), (II), and (III) of
                                                                       15                                  subparagraph (B)(i); and
                                                                       16                                         (ii) under subparagraph (B)(i)(IV),
                                                                       17                                  for each such violation, for an amount
                                                                       18                                  equal to 1 hour of pay at the domestic
                                                                       19                                  worker’s regular rate of compensation (but
                                                                       20                                  not more than 2 hours of such pay for
                                                                       21                                  each workday for which the domestic work
                                                                       22                                  hiring entity is in violation of such sec-
                                                                       23                                  tion).




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (D) WRITTEN AGREEMENTS.—In the case
                                                                       25                        of a violation of section 110, the domestic work


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00080   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              81
                                                                         1                       hiring entity involved shall be liable, under sub-
                                                                         2                       paragraph (B)(i)(I), for an amount equal to
                                                                         3                       $5,000.
                                                                         4                                 (E) VENUE.—An action under this para-
                                                                         5                       graph may be maintained in any Federal or
                                                                         6                       State court of competent jurisdiction.
                                                                         7                       (4) ACTION BY THE SECRETARY.—
                                                                         8                                 (A) ADMINISTRATIVE ACTION.—
                                                                         9                                        (i) IN GENERAL.—Subject to clause
                                                                       10                                  (ii), and subparagraphs (C) and (D) of
                                                                       11                                  paragraph (3), the Secretary shall receive,
                                                                       12                                  investigate, and attempt to resolve com-
                                                                       13                                  plaints of violations of this subtitle in the
                                                                       14                                  same manner that the Secretary receives,
                                                                       15                                  investigates, and attempts to resolve com-
                                                                       16                                  plaints of violations of sections 6, 7, and
                                                                       17                                  15(a)(3) of the Fair Labor Standards Act
                                                                       18                                  of 1938 (29 U.S.C. 206, 207, and
                                                                       19                                  215(a)(3)), including the Secretary’s au-
                                                                       20                                  thority to supervise payment of wages and
                                                                       21                                  compensation under section 16(c) of the
                                                                       22                                  Fair Labor Standards Act of 1938 (29
                                                                       23                                  U.S.C. 216(c)).




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (ii) VIOLATIONS                       GENERALLY.—The

                                                                       25                                  Secretary may assess a civil penalty


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00081   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              82
                                                                         1                                 against a domestic work hiring entity that
                                                                         2                                 violates any section of this subtitle—
                                                                         3                                                 (I) of not more than $15,000 for
                                                                         4                                        any first violation of any such section
                                                                         5                                        by such domestic work hiring entity;
                                                                         6                                        and
                                                                         7                                                 (II) of not more than $25,000
                                                                         8                                        for any subsequent violation of any
                                                                         9                                        such section by such domestic work
                                                                       10                                         hiring entity.
                                                                       11                                  (B) ADMINISTRATIVE REVIEW.—Any ag-
                                                                       12                        grieved dislocated worker who takes exception
                                                                       13                        to an order issued by the Secretary under sub-
                                                                       14                        paragraph (A) may request review of and a de-
                                                                       15                        cision regarding such order by an administra-
                                                                       16                        tive law judge. In reviewing the order, the ad-
                                                                       17                        ministrative law judge may hold an administra-
                                                                       18                        tive hearing concerning the order, in accordance
                                                                       19                        with the requirements of sections 554, 556, and
                                                                       20                        557 of title 5, United States Code. Such hear-
                                                                       21                        ing shall be conducted expeditiously. If no ag-
                                                                       22                        grieved dislocated worker requests such review
                                                                       23                        within 60 days after the order is issued under




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        subparagraph (A), the order shall be considered




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00082   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              83
                                                                         1                       to be a final order that is not subject to judicial
                                                                         2                       review.
                                                                         3                                 (C) CIVIL              ACTION.—The                 Secretary may
                                                                         4                       bring an action in any court of competent juris-
                                                                         5                       diction to recover amounts described in para-
                                                                         6                       graph (3)(B) on behalf of a domestic worker
                                                                         7                       aggrieved by a violation of this subtitle.
                                                                         8                                 (D) SUMS RECOVERED.—
                                                                         9                                        (i) IN GENERAL.—Any sums recovered
                                                                       10                                  by the Secretary under subparagraph (C)
                                                                       11                                  shall be held in a special deposit account
                                                                       12                                  and shall be paid, on order of the Sec-
                                                                       13                                  retary, directly to each domestic worker
                                                                       14                                  aggrieved by the violation for which the ac-
                                                                       15                                  tion was brought. Any such sums not paid
                                                                       16                                  to a domestic worker because of inability
                                                                       17                                  to do so within a period of 3 years shall be
                                                                       18                                  deposited into the Treasury of the United
                                                                       19                                  States as a miscellaneous receipt.
                                                                       20                                         (ii) CIVIL PENALTY.—Any sums re-
                                                                       21                                  covered by the Secretary under subpara-
                                                                       22                                  graph (A)(ii) shall be deposited into the
                                                                       23                                  general fund of the Treasury of the United




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  States as a miscellaneous receipt.
                                                                       25                        (5) LIMITATION.—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00083   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              84
                                                                         1                                 (A) IN GENERAL.—Except as provided in
                                                                         2                       subparagraph (B), an action may be brought
                                                                         3                       under paragraph (3), (4), or (6) not later than
                                                                         4                       2 years after the date of the last event consti-
                                                                         5                       tuting the alleged violation for which the action
                                                                         6                       is brought.
                                                                         7                                 (B) WILLFUL VIOLATION.—In the case of
                                                                         8                       an action brought for a willful violation of this
                                                                         9                       subtitle, such action may be brought not later
                                                                       10                        than 3 years after the date of the last event
                                                                       11                        constituting the alleged violation for which such
                                                                       12                        action is brought.
                                                                       13                                  (C) COMMENCEMENT.—An action shall be
                                                                       14                        considered commenced under paragraph (3),
                                                                       15                        (4), or (6) for the purposes of this paragraph
                                                                       16                        on the date on which the complaint is filed
                                                                       17                        under such paragraph (3), (4), or (6).
                                                                       18                        (6) ACTION                FOR        INJUNCTION.—The                     district
                                                                       19               courts of the United States together with the Dis-
                                                                       20               trict Court of the Virgin Islands and the District
                                                                       21               Court of Guam shall have jurisdiction, for cause
                                                                       22               shown, in an action brought by a domestic worker
                                                                       23               or the Secretary—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) to restrain violations of this subtitle,
                                                                       25                        including the withholding of a written agree-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00084   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              85
                                                                         1                       ment from a domestic worker as required under
                                                                         2                       section 110, or of any withholding of payment
                                                                         3                       of wages, salary, employment benefits, or other
                                                                         4                       compensation, plus interest, found by the court
                                                                         5                       to be due to a domestic worker under this sub-
                                                                         6                       title; or
                                                                         7                                 (B) to award such other equitable relief as
                                                                         8                       may be appropriate, including employment, re-
                                                                         9                       instatement, and promotion, for a violation of
                                                                       10                        this subtitle.
                                                                       11                        (7) SOLICITOR OF LABOR.—The Solicitor of
                                                                       12               Labor may appear for and represent the Secretary
                                                                       13               on any litigation brought under paragraph (4) or
                                                                       14               (6).
                                                                       15                        (8) GOVERNMENT                          ACCOUNTABILITY                   OFFICE

                                                                       16               AND LIBRARY OF CONGRESS.—Notwithstanding any

                                                                       17               other provision of this subsection, in the case of the
                                                                       18               Government Accountability Office and the Library of
                                                                       19               Congress, the authority of the Secretary of Labor
                                                                       20               under this subsection shall be exercised respectively
                                                                       21               by the Comptroller General of the United States and
                                                                       22               the Librarian of Congress.
                                                                       23               (b) EMPLOYEES COVERED BY CONGRESSIONAL AC-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24      COUNTABILITY ACT OF 1995.—The powers, remedies, and

                                                                       25 procedures provided in the Congressional Accountability


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00085   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              86
                                                                         1 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
                                                                         2 fined in section 101 of that Act (2 U.S.C. 1301)), or any
                                                                         3 person, alleging a violation of section 202(a)(1) of that
                                                                         4 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies,
                                                                         5 and procedures this Act provides to that Board, or any
                                                                         6 person, alleging an unlawful employment practice in viola-
                                                                         7 tion of this subtitle against a domestic worker described
                                                                         8 in subsection (e)(1)(B).
                                                                         9              (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE
                                                                       10 3, UNITED STATES CODE.—The powers, remedies, and
                                                                       11 procedures provided in chapter 5 of title 3, United States
                                                                       12 Code, to the President, the Merit Systems Protection
                                                                       13 Board, or any person, alleging a violation of section
                                                                       14 412(a)(1) of that title, shall be the powers, remedies, and
                                                                       15 procedures this Act provides to the President, that Board,
                                                                       16 or any person, respectively, alleging an unlawful employ-
                                                                       17 ment practice in violation of this subtitle against a domes-
                                                                       18 tic worker described in subsection (e)(1)(C).
                                                                       19               (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE
                                                                       20 5, UNITED STATES CODE.—The powers, remedies, and
                                                                       21 procedures provided in title 5, United States Code, to an
                                                                       22 employing agency, provided in chapter 12 of that title to
                                                                       23 the Merit Systems Protection Board, or provided in that




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 title to any person, alleging a violation of chapter 63 of
                                                                       25 that title, shall be the powers, remedies, and procedures


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00086   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              87
                                                                         1 this Act provides to that agency, that Board, or any per-
                                                                         2 son, respectively, alleging an unlawful employment prac-
                                                                         3 tice in violation of this subtitle against a domestic worker
                                                                         4 described in subsection (e)(1)(D).
                                                                         5              (e) DEFINITION.—In section 117 and this section, ex-
                                                                         6 cept as otherwise provided in this subsection:
                                                                         7                       (1) DOMESTIC WORKER.—Notwithstanding sec-
                                                                         8              tion 3, the term ‘‘domestic worker’’ means a domes-
                                                                         9              tic worker—
                                                                       10                                  (A) as defined in section 3(b)(6) except
                                                                       11                        that a reference in that section to an individual
                                                                       12                        or employee shall be considered to be a ref-
                                                                       13                        erence to an individual compensated for services
                                                                       14                        provided to an entity described in paragraph
                                                                       15                        (2)(A);
                                                                       16                                  (B) as defined in section 3(b)(6) except
                                                                       17                        that a reference in that section to an individual
                                                                       18                        or employee shall be considered to be a ref-
                                                                       19                        erence to an individual compensated for services
                                                                       20                        provided to an entity described in paragraph
                                                                       21                        (2)(B);
                                                                       22                                  (C) as defined in section 3(b)(6) except
                                                                       23                        that a reference in that section to an individual




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        or employee shall be considered to be a ref-
                                                                       25                        erence to an individual compensated for services


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00087   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              88
                                                                         1                       provided to an entity described in paragraph
                                                                         2                       (2)(C); and
                                                                         3                                 (D) as defined in section 3(b)(6) except
                                                                         4                       that a reference in that section to an individual
                                                                         5                       or employee shall be considered to be a ref-
                                                                         6                       erence to an individual compensated for services
                                                                         7                       provided to an entity described in paragraph
                                                                         8                       (2)(D).
                                                                         9                       (2) DOMESTIC                     WORK HIRING ENTITY.—Not-

                                                                       10               withstanding section 3, the term ‘‘domestic work hir-
                                                                       11               ing entity’’ means a domestic work hiring entity—
                                                                       12                                  (A) as defined in section 3(b)(7) except
                                                                       13                        that a reference in that section to a person or
                                                                       14                        employer shall be considered to be a reference
                                                                       15                        to an employer described in clause (i) or (ii) of
                                                                       16                        subparagraph (A), and subparagraph (B), of
                                                                       17                        paragraph (3);
                                                                       18                                  (B) as defined in section 3(b)(7) except
                                                                       19                        that a reference in that section to a person or
                                                                       20                        employer shall be considered to be a reference
                                                                       21                        to an employer described in subparagraphs
                                                                       22                        (A)(iii) and (B) of paragraph (3);
                                                                       23                                  (C) as defined in section 3(b)(7) except




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        that a reference in that section to a person or
                                                                       25                        employer shall be considered to be a reference


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00088   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              89
                                                                         1                       to an employer described in subparagraphs
                                                                         2                       (A)(iv) and (B) of paragraph (3); and
                                                                         3                                 (D) as defined in section 3(b)(7) except
                                                                         4                       that a reference in that section to a person or
                                                                         5                       employer shall be considered to be a reference
                                                                         6                       to an employer described in subparagraphs
                                                                         7                       (A)(v) and (B) of paragraph (3)(A).
                                                                         8                       (3) EMPLOYER.—Notwithstanding section 3,
                                                                         9              for purposes of paragraph (2), the term ‘‘employer’’
                                                                       10               means a person who is—
                                                                       11                                  (A)(i) an employer, as defined in section
                                                                       12                        3(a), who is not covered under another clause
                                                                       13                        of this subparagraph;
                                                                       14                                  (ii) an entity employing a State employee
                                                                       15                        described in section 304(a) of the Government
                                                                       16                        Employee Rights Act of 1991;
                                                                       17                                  (iii) an employing office, as defined in sec-
                                                                       18                        tion 101 of the Congressional Accountability
                                                                       19                        Act of 1995;
                                                                       20                                  (iv) an employing office, as defined in sec-
                                                                       21                        tion 411(c) of title 3, United States Code; or
                                                                       22                                  (v) an employing agency covered under
                                                                       23                        subchapter V of chapter 63 of title 5, United




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        States Code; and




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00089   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              90
                                                                         1                                 (B) an enterprise engaged in commerce or
                                                                         2                       in the production of goods for commerce.
                                                                         3                       (4) EMPLOYMENT.—Notwithstanding section 3,
                                                                         4              the term ‘‘employment’’ includes service as a domes-
                                                                         5              tic worker.
                                                                         6     SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS

                                                                         7                             AND OTHER LAWS.

                                                                         8              (a) IN GENERAL.—Nothing in this subtitle shall—
                                                                         9                       (1) supersede a provision in a collective bar-
                                                                       10               gaining agreement; or
                                                                       11                        (2) be construed to diminish the obligation of a
                                                                       12               domestic work hiring entity to comply with any con-
                                                                       13               tract, collective bargaining agreement, or employ-
                                                                       14               ment benefit program or plan that provides greater
                                                                       15               rights or benefits to domestic workers than the
                                                                       16               rights established under this Act.
                                                                       17               (b) OTHER LAWS.—Nothing in this subtitle shall—
                                                                       18                        (1) affect the obligation of a domestic work hir-
                                                                       19               ing entity to provide a reasonable accommodation in
                                                                       20               the form of a change to the work schedule of a do-
                                                                       21               mestic worker required under any other law, or to
                                                                       22               otherwise comply with any other law;
                                                                       23                        (2) preempt, limit, or otherwise affect the appli-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               cability of any State or local law that provides com-




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00090   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              91
                                                                         1              parable or superior benefits for domestic workers to
                                                                         2              the requirements under this subtitle; or
                                                                         3                       (3) diminish the rights, privileges, or remedies
                                                                         4              of any domestic worker under any Federal or State
                                                                         5              law or under any collective bargaining agreement.
                                                                         6              (c) NO WAIVERS.—The rights and remedies in this
                                                                         7 subtitle may not be waived by a domestic worker through
                                                                         8 any agreement, policy, or form, or as a condition of em-
                                                                         9 ployment.
                                                                       10                Subtitle C—Domestic Worker
                                                                       11                     Health and Safety
                                                                       12      SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE.

                                                                       13               (a) IN GENERAL.—The Secretary shall award a
                                                                       14 grant, on a competitive basis, to an entity eligible under
                                                                       15 subsection (b), for a national hotline that domestic work-
                                                                       16 ers may call to report emergencies, seek emergency serv-
                                                                       17 ices, or seek support or guidance in lieu of emergency serv-
                                                                       18 ices.
                                                                       19               (b) ELIGIBILITY.—In order to be eligible to receive
                                                                       20 a grant under subsection (a), an entity shall—
                                                                       21                        (1) be an entity described in paragraph (3), (5),
                                                                       22               or (6) of section 501(c) of the Internal Revenue
                                                                       23               Code of 1986 and exempt from taxation under sec-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               tion 501(a) of such Code;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00091   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              92
                                                                         1                       (2) have a demonstrated expertise in and expe-
                                                                         2              rience with domestic workers;
                                                                         3                       (3) employ or otherwise engage domestic work-
                                                                         4              ers in the performance of domestic services;
                                                                         5                       (4) have a leadership or board structure that
                                                                         6              includes domestic workers; and
                                                                         7                       (5) comply with any other criteria established
                                                                         8              by the Secretary for purposes of this section.
                                                                         9     SEC. 122. ACCESS TO HEALTH AND SAFETY.

                                                                       10               (a) STANDARD FOR DOMESTIC WORKERS.—
                                                                       11                        (1) STANDARD.—
                                                                       12                                  (A) IN GENERAL.—Not later than 1 year
                                                                       13                        after the date of enactment of this Act, the
                                                                       14                        Consumer Product Safety Commission shall, to
                                                                       15                        improve the health and safety of domestic work-
                                                                       16                        ers that clean private homes, promulgate a con-
                                                                       17                        sumer product safety standard under section 7
                                                                       18                        of the Consumer Product Safety Act (15 U.S.C.
                                                                       19                        2056) to require manufacturers of household
                                                                       20                        cleaning supplies to—
                                                                       21                                         (i) make safety data sheets for any
                                                                       22                                  household cleaning supply that contains a
                                                                       23                                  hazardous              chemical            available           on   the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  website of the manufacturer in a manner
                                                                       25                                  that ensures such safety data sheets are


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00092   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              93
                                                                         1                                 easily accessed via the name of the specific
                                                                         2                                 product line;
                                                                         3                                        (ii) translate such safety data sheets
                                                                         4                                 into multiple languages, including all lan-
                                                                         5                                 guages in which the Secretary, acting
                                                                         6                                 through the Administrator of the Wage
                                                                         7                                 and Hour Division, translates the basic in-
                                                                         8                                 formation fact sheet published by the Ad-
                                                                         9                                 ministrator; and
                                                                       10                                         (iii) create and provide, for use on
                                                                       11                                  small secondary containers, small labels
                                                                       12                                  with the name of the product and its ingre-
                                                                       13                                  dients as listed on the safety data sheet.
                                                                       14                                  (B)         CIVIL         PENALTY.—Notwithstanding

                                                                       15                        section 20 of the Consumer Product Safety Act
                                                                       16                        (15 U.S.C. 2069), or any other provision of
                                                                       17                        that Act, any person that knowingly violates the
                                                                       18                        requirements of the standard promulgated
                                                                       19                        under subparagraph (A) shall be subject to a
                                                                       20                        civil penalty not to exceed $500 for each viola-
                                                                       21                        tion.
                                                                       22                        (2) EDUCATIONAL                         MATERIALS                 FOR    WORK-

                                                                       23               ERS.—The               Consumer Product Safety Commission




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               shall produce educational materials for consumers
                                                                       25               and domestic workers regarding requirements for


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00093   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              94
                                                                         1              safety data sheets and translate such materials into
                                                                         2              multiple languages, including all languages described
                                                                         3              in paragraph (1)(A)(ii).
                                                                         4                       (3) DEFINITIONS.—In this subsection:
                                                                         5                                 (A) HAZARDOUS                       CHEMICAL.—The                  term
                                                                         6                       ‘‘hazardous chemical’’ has the meaning given
                                                                         7                       such term in section 1910.1200(c) of title 29,
                                                                         8                       Code of Federal Regulations, or a successor
                                                                         9                       regulation.
                                                                       10                                  (B) HOUSEHOLD CLEANING SUPPLY.—The
                                                                       11                        term ‘‘household cleaning supply’’—
                                                                       12                                         (i) means any product, including a
                                                                       13                                  soap or detergent containing a surfactant
                                                                       14                                  as a wetting or dirt emulsifying agent, that
                                                                       15                                  is used primarily for domestic or commer-
                                                                       16                                  cial        cleaning          purposes,                including    the
                                                                       17                                  cleansing of fabrics, dishes, food utensils,
                                                                       18                                  and household and commercial premises;
                                                                       19                                  and
                                                                       20                                         (ii) does not include—
                                                                       21                                                  (I) food, drugs, or cosmetics, in-
                                                                       22                                         cluding personal care items such as
                                                                       23                                         toothpaste, shampoo, or hand soap; or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                                  (II) products labeled, advertised,
                                                                       25                                         marketed, or distributed for use pri-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00094   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH    H4826
                                                                                                                              95
                                                                         1                                        marily as a pesticide subject to the
                                                                         2                                        Federal Insecticide, Fungicide, and
                                                                         3                                        Rodenticide Act (7 U.S.C. 136 et
                                                                         4                                        seq.).
                                                                         5                                 (C) SAFETY                DATA          SHEETS.—The            term
                                                                         6                       ‘‘safety data sheets’’ means the safety data
                                                                         7                       sheets required under section 1910.1200 of title
                                                                         8                       29, Code of Federal Regulations, or a successor
                                                                         9                       regulation.
                                                                       10               (b) NIOSH EDUCATIONAL MATERIALS.—Not later
                                                                       11 than 1 year after the date of enactment of this Act, the
                                                                       12 Director of the National Institute for Occupational Safety
                                                                       13 and Health shall develop and publish educational mate-
                                                                       14 rials on protecting the health and safety of domestic work-
                                                                       15 ers who provide child care or cleaning services.
                                                                       16      SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING

                                                                       17                              GRANTS.

                                                                       18               The Secretary shall, in awarding Susan Harwood
                                                                       19 training grants under the Occupational Safety and Health
                                                                       20 Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards
                                                                       21 facing domestic workers are included as a topic for train-
                                                                       22 ing in any announcement for such grants issued after the
                                                                       23 date of enactment of this Act.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00095   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              96
                                                                         1     SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS

                                                                         2                             STUDY.

                                                                         3              (a) IN GENERAL.—Not later than 1 year after the
                                                                         4 date of enactment of this Act, the Comptroller General
                                                                         5 of the United States shall submit a report, to the Inter-
                                                                         6 agency Task Force on Domestic Workers Bill of Rights
                                                                         7 Enforcement established under section 303(a) and Con-
                                                                         8 gress, on ways to expedite public support to ensure that
                                                                         9 survivors of workplace harassment in low-wage, vulner-
                                                                       10 able, and marginalized sectors, such as the domestic serv-
                                                                       11 ice sector, can access support for any of the following:
                                                                       12                        (1) Housing services.
                                                                       13                        (2) Health care services, including mental
                                                                       14               health services.
                                                                       15                        (3) Counseling services.
                                                                       16                        (4) Workers’ compensation.
                                                                       17                        (5) Unemployment insurance.
                                                                       18                        (6) Disability benefits.
                                                                       19                        (7) Transportation stipends.
                                                                       20                        (8) Support for caregiving needs, including paid
                                                                       21               leave, child care, and care for an individual related
                                                                       22               to the survivor by blood or affinity or whose close
                                                                       23               association with the survivor is the equivalent of a
                                                                       24               family relationship.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                        (9) Any other support determined appropriate
                                                                       26               by the Secretary.
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00096   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              97
                                                                         1              (b) RECOMMENDATIONS.—The report required under
                                                                         2 subsection (a) shall—
                                                                         3                       (1) include specific recommendations for each
                                                                         4              type of support listed in paragraphs (1) through (8)
                                                                         5              of such subsection; and
                                                                         6                       (2) take into account that support is needed re-
                                                                         7              gardless of immigration or citizenship status.
                                                                         8           Subtitle D—Amendment to Title
                                                                         9            VII of Civil Rights Act of 1964
                                                                       10      SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN

                                                                       11                              CIVIL RIGHTS PROTECTIONS AGAINST DIS-

                                                                       12                              CRIMINATION IN EMPLOYMENT.

                                                                       13               Section 701(b) of the Civil Rights Act of 1964 (42
                                                                       14 U.S.C. 2000e(b)) is amended by striking ‘‘fifteen’’ and in-
                                                                       15 serting ‘‘one’’.
                                                                       16 TITLE II—STANDARDS BOARD,
                                                                       17    BENEFITS, AND WORKFORCE
                                                                       18    INVESTMENT
                                                                       19      SEC. 201. DOMESTIC WORKER STANDARDS BOARD.

                                                                       20               (a) ESTABLISHMENT                           AND        PURPOSES.—The Sec-
                                                                       21 retary shall establish a board to be known as the ‘‘Domes-
                                                                       22 tic Worker Standards Board’’ (referred to in this section
                                                                       23 as the ‘‘Board’’) to investigate standards in the domestic




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 workers industry, and issue recommendations to the Sec-




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00097   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              98
                                                                         1 retary under subsection (e)(1), in order to promote the
                                                                         2 health, safety, and well-being of domestic workers.
                                                                         3              (b) MEMBERSHIP.—
                                                                         4                       (1) COMPOSITION.—The Board shall be com-
                                                                         5              posed of 11 members, of which—
                                                                         6                                 (A) 5 shall be individuals, appointed by the
                                                                         7                       Secretary in accordance with paragraph (2),
                                                                         8                       representing domestic workers;
                                                                         9                                 (B) 5 shall be individuals, appointed by the
                                                                       10                        Secretary in accordance with paragraph (3),
                                                                       11                        representing domestic work hiring entities; and
                                                                       12                                  (C) 1 shall be an individual appointed by
                                                                       13                        the Secretary who is an expert on the domestic
                                                                       14                        services sector from academia, the nonprofit
                                                                       15                        sector, or a Federal, State, or local govern-
                                                                       16                        mental agency.
                                                                       17                        (2) DOMESTIC WORKERS SEATS.—
                                                                       18                                  (A) IN GENERAL.—The Secretary shall ap-
                                                                       19                        point members of the Board representing do-
                                                                       20                        mestic workers from among individuals nomi-
                                                                       21                        nated under subparagraph (B) by eligible work-
                                                                       22                        er organizations.
                                                                       23                                  (B) SELECTION OF ELIGIBLE WORKER OR-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        GANIZATIONS.—The                       Secretary shall enter into
                                                                       25                        agreements, on a competitive basis, with eligible


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00098   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                              99
                                                                         1                       worker organizations for such organizations to
                                                                         2                       nominate individuals to serve as members of the
                                                                         3                       Board representing domestic workers.
                                                                         4                                 (C) SELECTING                      INDIVIDUALS                 ON   THE

                                                                         5                       BOARD.—For each individual nominated under

                                                                         6                       subparagraph (B), the Secretary shall submit a
                                                                         7                       report to Congress indicating whether the Sec-
                                                                         8                       retary has decided to appoint the individual to
                                                                         9                       the Board and the reasons for such decision.
                                                                       10                                  (D) DEFINITION                     OF ELIGIBLE WORKER

                                                                       11                        ORGANIZATION.—In                       this paragraph, the term
                                                                       12                        ‘‘eligible worker organization’’ means an organi-
                                                                       13                        zation that—
                                                                       14                                         (i) is not a hiring entity or employ-
                                                                       15                                  ment agency;
                                                                       16                                         (ii) represents members of the organi-
                                                                       17                                  zation, including domestic workers;
                                                                       18                                         (iii)(I) is described in paragraph (3),
                                                                       19                                  (4), or (5) of section 501(c) of the Internal
                                                                       20                                  Revenue Code of 1986, and exempt from
                                                                       21                                  taxation under section 501(a) of such
                                                                       22                                  Code; and
                                                                       23                                         (II) is organized and operated for the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  betterment of workers, including domestic
                                                                       25                                  workers;


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00099   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             100
                                                                         1                                        (iv) engages in public advocacy to pro-
                                                                         2                                 mote the health and well-being of domestic
                                                                         3                                 workers;
                                                                         4                                        (v) has a governing structure that
                                                                         5                                 promotes the decision-making power of do-
                                                                         6                                 mestic workers; and
                                                                         7                                        (vi) submits an application to the Sec-
                                                                         8                                 retary at such time, in such manner, and
                                                                         9                                 containing such information as the Sec-
                                                                       10                                  retary may reasonably require.
                                                                       11                        (3) DOMESTIC WORK HIRING ENTITY SEATS.—
                                                                       12                                  (A) IN GENERAL.—The Secretary shall ap-
                                                                       13                        point members of the Board representing do-
                                                                       14                        mestic work hiring entities from among individ-
                                                                       15                        uals nominated by eligible hiring organizations
                                                                       16                        under subparagraph (B).
                                                                       17                                  (B) SELECTION OF ELIGIBLE HIRING OR-
                                                                       18                        GANIZATIONS.—The                       Secretary shall enter into
                                                                       19                        agreements on a competitive basis with eligible
                                                                       20                        hiring organizations for such organizations to
                                                                       21                        nominate individuals to serve as members of the
                                                                       22                        Board representing domestic work hiring enti-
                                                                       23                        ties.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (C) SELECTING                      INDIVIDUALS                 ON   THE

                                                                       25                        BOARD.—



                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00100   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             101
                                                                         1                                        (i) IN GENERAL.—For each individual
                                                                         2                                 nominated under subparagraph (B), the
                                                                         3                                 Secretary shall submit a report to Con-
                                                                         4                                 gress indicating whether the Secretary has
                                                                         5                                 decided to appoint the individual to the
                                                                         6                                 Board and the reasons for such decision.
                                                                         7                                        (ii) REQUIREMENTS                           FOR         APPOINT-

                                                                         8                                 MENTS.—The                    Secretary                shall     ensure
                                                                         9                                 that—
                                                                       10                                                  (I) not less than 2 seats under
                                                                       11                                         this paragraph are filled by an indi-
                                                                       12                                         vidual who contracts with, or hires, 1
                                                                       13                                         domestic worker to work in the resi-
                                                                       14                                         dence of the individual;
                                                                       15                                                  (II) not less than 1 seat under
                                                                       16                                         this paragraph is filled by a nomina-
                                                                       17                                         tion from an eligible hiring organiza-
                                                                       18                                         tion that is dedicated to the well-being
                                                                       19                                         of domestic workers;
                                                                       20                                                  (III) not less than 1 seat under
                                                                       21                                         this paragraph is filled by an indi-
                                                                       22                                         vidual who relies on a personal care
                                                                       23                                         aide or assistant financed through a




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         State Medicaid program under title




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00101   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             102
                                                                         1                                        XIX of the Social Security Act (42
                                                                         2                                        U.S.C. 1396 et seq.);
                                                                         3                                                 (IV) not less than 1 seat under
                                                                         4                                        this paragraph is filled by an indi-
                                                                         5                                        vidual who—
                                                                         6                                                           (aa) is an adult family mem-
                                                                         7                                                 ber of a Medicaid HCBS-eligible
                                                                         8                                                 elderly individual or an individual
                                                                         9                                                 with a disability;
                                                                       10                                                            (bb) is an informal provider
                                                                       11                                                  of in-home care to such Medicaid
                                                                       12                                                  HCBS-eligible elderly individual
                                                                       13                                                  or individual with a disability;
                                                                       14                                                  and
                                                                       15                                                            (cc) contracts with, or hires,
                                                                       16                                                  1 or more domestic workers to
                                                                       17                                                  provide additional care for the
                                                                       18                                                  Medicaid HCBS-eligible elderly
                                                                       19                                                  individual or individual with a
                                                                       20                                                  disability;
                                                                       21                                                  (V) a single domestic work hiring
                                                                       22                                         entity does not fill more than 1 seat
                                                                       23                                         under this paragraph; and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00102   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             103
                                                                         1                                                 (VI) any domestic work hiring
                                                                         2                                        entity serving on the Board satisfies
                                                                         3                                        the requirements under clause (iii).
                                                                         4                                        (iii) DISCLOSURE OF LABOR VIOLA-
                                                                         5                                 TIONS.—

                                                                         6                                                 (I) IN GENERAL.—The Secretary
                                                                         7                                        shall require that each domestic work
                                                                         8                                        hiring entity that serves on the Board
                                                                         9                                        disclose to the Secretary, with respect
                                                                       10                                         to the preceding 5-year period—
                                                                       11                                                            (aa) any administrative mer-
                                                                       12                                                  its determination, arbitral award
                                                                       13                                                  or decision, or civil judgment,
                                                                       14                                                  rendered against the entity for a
                                                                       15                                                  violation of the labor laws listed
                                                                       16                                                  in subclause (II); and
                                                                       17                                                            (bb) any steps taken by the
                                                                       18                                                  entity to correct a violation of or
                                                                       19                                                  improve             compliance                 with   the
                                                                       20                                                  labor laws listed in subclause
                                                                       21                                                  (II), including any agreement en-
                                                                       22                                                  tered into with an enforcement
                                                                       23                                                  agency.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00103   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             104
                                                                         1                                                 (II) LABOR                  LAWS.—The          labor
                                                                         2                                        laws described in this subclause are
                                                                         3                                        each of the following:
                                                                         4                                                           (aa) The Fair Labor Stand-
                                                                         5                                                 ards Act of 1938 (29 U.S.C. 201
                                                                         6                                                 et seq.).
                                                                         7                                                           (bb) Title VII of the Civil
                                                                         8                                                 Rights Act of 1964 (42 U.S.C.
                                                                         9                                                 2000e et seq.).
                                                                       10                                                            (cc) The Occupational Safe-
                                                                       11                                                  ty and Health Act of 1970 (29
                                                                       12                                                  U.S.C. 651 et seq.).
                                                                       13                                                  (III) RESPONSIBLE                          SOURCE.—

                                                                       14                                         The Secretary shall consider informa-
                                                                       15                                         tion disclosed by a domestic work hir-
                                                                       16                                         ing entity under this clause to deter-
                                                                       17                                         mine whether the entity has a satis-
                                                                       18                                         factory record of integrity and busi-
                                                                       19                                         ness ethics for purposes of deter-
                                                                       20                                         mining whether the entity shall serve
                                                                       21                                         on the Board.
                                                                       22                                  (D) DEFINITION OF ELIGIBLE HIRING OR-
                                                                       23                        GANIZATION.—In this paragraph, the term ‘‘eli-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        gible hiring organization’’ means an organiza-
                                                                       25                        tion that—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00104   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             105
                                                                         1                                        (i)(I) is an agency employing 2 or
                                                                         2                                 more domestic workers; or
                                                                         3                                        (II) is an association of 2 or more in-
                                                                         4                                 dividuals who hire or contract with domes-
                                                                         5                                 tic workers; and
                                                                         6                                        (ii) submits an application to the Sec-
                                                                         7                                 retary at such time, in such manner, and
                                                                         8                                 containing such information as the Sec-
                                                                         9                                 retary may reasonably require.
                                                                       10                        (4) CHAIRPERSON.—The Board shall select a
                                                                       11               Chairperson from among the members of the Board.
                                                                       12                        (5) EXECUTIVE COMMITTEE.—The Chairperson
                                                                       13               shall assign an executive committee of 3 members of
                                                                       14               the Board, including not less than 1 representative
                                                                       15               appointed under paragraph (2) and 1 representative
                                                                       16               appointed under paragraph (3). Such executive com-
                                                                       17               mittee shall establish an agenda and a work plan for
                                                                       18               the Board.
                                                                       19               (c) TERMS.—
                                                                       20                        (1) IN GENERAL.—Except as provided in para-
                                                                       21               graph (2), each member of the Board shall serve a
                                                                       22               term of 2 years.
                                                                       23                        (2) INITIAL               MEMBERS.—The                      Secretary shall




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               stagger the terms of the Board members such
                                                                       25               that—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00105   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             106
                                                                         1                                 (A) 6 of the initial members appointed to
                                                                         2                       the Board serve a term of 4 years, including 3
                                                                         3                       of        the     members               described                in       subsection
                                                                         4                       (b)(1)(A) and 3 of the members described in
                                                                         5                       subsection (b)(1)(B); and
                                                                         6                                 (B) 5 of the initial members appointed to
                                                                         7                       the Board serve a term of 2 years, including 2
                                                                         8                       of        the     members               described                in       subsection
                                                                         9                       (b)(1)(A), 2 of the members described in sub-
                                                                       10                        section (b)(1)(B), and the member described in
                                                                       11                        subsection (b)(1)(C).
                                                                       12                        (3) VACANCIES.—
                                                                       13                                  (A) IN           GENERAL.—A                    vacancy on the
                                                                       14                        Board—
                                                                       15                                         (i) shall not affect the powers of the
                                                                       16                                  Board; and
                                                                       17                                         (ii) shall be filled in the same manner
                                                                       18                                  as the original appointment was made and
                                                                       19                                  shall be subject to any conditions that ap-
                                                                       20                                  plied with respect to the original appoint-
                                                                       21                                  ment.
                                                                       22                                  (B) FILLING UNEXPIRED TERMS.—An in-
                                                                       23                        dividual chosen to fill a vacancy shall be ap-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        pointed for the unexpired term of the member
                                                                       25                        replaced.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00106   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH    H4826
                                                                                                                             107
                                                                         1                                 (C) PRESUMPTION.—If a member of the
                                                                         2                       Board is unable to fill the duties of the member
                                                                         3                       in serving on the Board, or leaves the domestic
                                                                         4                       service industry, for a period that exceeds 90
                                                                         5                       days while serving on the Board, the seat of the
                                                                         6                       member shall be considered a vacancy for pur-
                                                                         7                       poses of this paragraph.
                                                                         8              (d) MEETINGS.—
                                                                         9                       (1) IN GENERAL.—The Board shall meet at the
                                                                       10               call of the Chairperson.
                                                                       11                        (2) PUBLIC NOTICE.—The call of the Chair-
                                                                       12               person under paragraph (1) shall include notice to
                                                                       13               the public of the meeting.
                                                                       14                        (3) INITIAL MEETING.—Not later than 90 days
                                                                       15               after the date on which all members of the Board
                                                                       16               have been appointed, the Board shall hold the initial
                                                                       17               meeting of the Board.
                                                                       18               (e) STANDARDS.—
                                                                       19                        (1) PROCESS                      FOR     RECOMMENDING                    STAND-

                                                                       20               ARDS.—

                                                                       21                                  (A) IN GENERAL.—Not later than 1 year
                                                                       22                        after the date of enactment of this Act, and
                                                                       23                        every 3 years thereafter, the Board shall issue




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        recommendations to the Secretary for standards




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00107   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             108
                                                                         1                       that affect the well-being of domestic workers,
                                                                         2                       including recommendations for—
                                                                         3                                        (i) workplace standards for domestic
                                                                         4                                 workers, including standards for—
                                                                         5                                                 (I)        occupational                 safety   and
                                                                         6                                        health, that include the immediate
                                                                         7                                        protection of domestic workers and
                                                                         8                                        domestic work hiring entities from in-
                                                                         9                                        fectious diseases such as COVID–19;
                                                                       10                                                  (II) wages;
                                                                       11                                                  (III) hours;
                                                                       12                                                  (IV) benefits; and
                                                                       13                                                  (V) other matters that impact
                                                                       14                                         working conditions; and
                                                                       15                                         (ii) implementing and enforcing the
                                                                       16                                  rights of domestic workers granted under
                                                                       17                                  this Act and other Federal laws, including
                                                                       18                                  rights for minimum wage, health, safety,
                                                                       19                                  and other workplace standards.
                                                                       20                                  (B) VOTING.—Any decision of the Board
                                                                       21                        regarding a recommendation issued under sub-
                                                                       22                        paragraph (A) shall be decided through a vote
                                                                       23                        of the Board. In any such vote:




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (i) Each voting member of the Board
                                                                       25                                  shall have 1 vote.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00108   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             109
                                                                         1                                        (ii) A quorum of the members of the
                                                                         2                                 Board shall be required to be in attend-
                                                                         3                                 ance at the vote. A quorum shall not be
                                                                         4                                 formed if there are in attendance fewer
                                                                         5                                 than—
                                                                         6                                                 (I) 2 members of the Board de-
                                                                         7                                        scribed in subsection (b)(1)(A); or
                                                                         8                                                 (II) 2 members of the Board de-
                                                                         9                                        scribed in subsection (b)(1)(B).
                                                                       10                                         (iii) The vote shall be agreed to upon
                                                                       11                                  the affirmative vote of not less than a ma-
                                                                       12                                  jority of the members of the Board present
                                                                       13                                  and voting.
                                                                       14                        (2) RULEMAKING.—
                                                                       15                                  (A) AUTHORITY.—Subject to requirements
                                                                       16                        under other law and paragraph (3), the Sec-
                                                                       17                        retary may issue a rule, in accordance with sec-
                                                                       18                        tion 553 of title 5, United States Code, regard-
                                                                       19                        ing any standard recommended by the Board
                                                                       20                        under paragraph (1).
                                                                       21                                  (B) DECISION.—
                                                                       22                                         (i) IN GENERAL.—Not later than 90
                                                                       23                                  days after receiving a recommendation




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  from the Board under paragraph (1), the
                                                                       25                                  Secretary shall issue a decision on—


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00109   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             110
                                                                         1                                                 (I) whether the Secretary will
                                                                         2                                         issue a rule under subparagraph (A)
                                                                         3                                         regarding such recommendation; and
                                                                         4                                                 (II) if the Secretary issues such a
                                                                         5                                         rule, whether the Secretary will devi-
                                                                         6                                         ate        from            such          recommendation
                                                                         7                                         through such rule.
                                                                         8                                         (ii) EXPLANATORY                        STATEMENT.—If

                                                                         9                                 the Secretary decides not to issue a rule
                                                                       10                                  under subparagraph (A) regarding a rec-
                                                                       11                                  ommendation under paragraph (1) or de-
                                                                       12                                  cides to deviate from such recommendation
                                                                       13                                  in such a rule, the Secretary shall have 90
                                                                       14                                  days after receiving such recommendation
                                                                       15                                  to issue a statement explaining the deci-
                                                                       16                                  sion.
                                                                       17                                  (C) WORKPLACE STANDARDS.—No stand-
                                                                       18                        ard included in a rule issued under subpara-
                                                                       19                        graph (A) may be for a workplace standard
                                                                       20                        that is less protective of domestic workers than
                                                                       21                        any law in effect on the date of enactment of
                                                                       22                        this Act for domestic workers under any State
                                                                       23                        or local law.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (3) RECOMMENDATIONS TO CONGRESS.—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00110   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             111
                                                                         1                                 (A) IN GENERAL.—For any recommenda-
                                                                         2                       tion made by the Board under paragraph (1)
                                                                         3                       that the Secretary determines is not within the
                                                                         4                       authority of the Secretary, the Secretary shall
                                                                         5                       make a recommendation to Congress to take ac-
                                                                         6                       tion on the recommendation.
                                                                         7                                 (B) HEARING AND INVESTIGATIONS.—Not
                                                                         8                       later than 1 year after such a recommendation
                                                                         9                       is made by the Secretary to Congress under
                                                                       10                        subparagraph (A), Congress shall conduct a
                                                                       11                        hearing on and investigate the recommendation.
                                                                       12                                  (C) RULEMAKING.—This paragraph is en-
                                                                       13                        acted by Congress—
                                                                       14                                         (i) as an exercise of the rulemaking
                                                                       15                                  power of the Senate and House of Rep-
                                                                       16                                  resentatives, respectively, and as such it is
                                                                       17                                  deemed a part of the rules of each House,
                                                                       18                                  respectively, but applicable only with re-
                                                                       19                                  spect to the procedure to be followed in
                                                                       20                                  that House in the case of a joint resolu-
                                                                       21                                  tion, and it supersedes other rules only to
                                                                       22                                  the extent that it is inconsistent with such
                                                                       23                                  rules; and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (ii) with full recognition of the con-
                                                                       25                                  stitutional right of either House to change


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00111   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             112
                                                                         1                                 the rules (so far as relating to the proce-
                                                                         2                                 dure of that House) at any time, in the
                                                                         3                                 same manner, and to the same extent as in
                                                                         4                                 the case of any other rule of that House.
                                                                         5              (f) POWERS.—
                                                                         6                       (1) HEARINGS.—
                                                                         7                                 (A) IN GENERAL.—The Board may hold
                                                                         8                       such hearings, meet and act at such times and
                                                                         9                       places, take such testimony, and receive such
                                                                       10                        evidence as the Board considers advisable to
                                                                       11                        carry out this section.
                                                                       12                                  (B) REQUIRED                   PUBLIC HEARINGS.—The

                                                                       13                        Board shall, prior to issuing any recommenda-
                                                                       14                        tion under this section, hold public hearings to
                                                                       15                        enable domestic workers across the United
                                                                       16                        States to have access to the Board. Any such
                                                                       17                        public hearing shall—
                                                                       18                                         (i) be held at such a time, in such a
                                                                       19                                  location, and in such a facility that ensures
                                                                       20                                  accessibility for domestic workers;
                                                                       21                                         (ii) include interpretation services in
                                                                       22                                  the languages most commonly spoken by
                                                                       23                                  domestic workers in the geographic region




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  of the hearing;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00112   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             113
                                                                         1                                        (iii) be held in each of the regions
                                                                         2                                 served by the regional offices of the Wage
                                                                         3                                 and Hour Division of the Department of
                                                                         4                                 Labor; and
                                                                         5                                        (iv) include worker organizations in
                                                                         6                                 helping to populate the hearings.
                                                                         7                       (2) INFORMATION FROM FEDERAL AGENCIES.—
                                                                         8                                 (A) IN GENERAL.—The Board may secure
                                                                         9                       directly from a Federal agency such informa-
                                                                       10                        tion as the Board considers necessary to carry
                                                                       11                        out this section.
                                                                       12                                  (B) PROVISION OF INFORMATION.—On re-
                                                                       13                        quest of the Chairperson of the Board, the head
                                                                       14                        of the agency shall provide the information to
                                                                       15                        the Board.
                                                                       16                        (3) POSTAL SERVICES.—The Board may use
                                                                       17               the United States mails in the same manner and
                                                                       18               under the same conditions as other agencies of the
                                                                       19               Federal Government.
                                                                       20                        (4) GIFTS.—The Board may accept, use, and
                                                                       21               dispose of gifts or donations of services or property.
                                                                       22               (g) BOARD PERSONNEL MATTERS.—
                                                                       23                        (1) COMPENSATION OF MEMBERS.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) NON-FEDERAL EMPLOYEES.—A mem-
                                                                       25                        ber of the Board who is not an officer or em-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00113   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             114
                                                                         1                       ployee of the Federal Government shall be com-
                                                                         2                       pensated at a rate equal to the daily equivalent
                                                                         3                       of the annual rate of basic pay prescribed for
                                                                         4                       level IV of the Executive Schedule under section
                                                                         5                       5315 of title 5, United States Code, for each
                                                                         6                       day (including travel time) during which the
                                                                         7                       member is engaged in the performance of the
                                                                         8                       duties of the Board.
                                                                         9                                 (B) FEDERAL EMPLOYEES.—A member of
                                                                       10                        the Board who is an officer or employee of the
                                                                       11                        Federal Government shall serve without com-
                                                                       12                        pensation in addition to the compensation re-
                                                                       13                        ceived for the services of the member as an offi-
                                                                       14                        cer or employee of the Federal Government.
                                                                       15                        (2) TRAVEL                 EXPENSES.—A                    member of the
                                                                       16               Board shall be allowed travel expenses, including per
                                                                       17               diem in lieu of subsistence, at rates authorized for
                                                                       18               an employee of an agency under subchapter I of
                                                                       19               chapter 57 of title 5, United States Code, while
                                                                       20               away from the home or regular place of business of
                                                                       21               the member in the performance of the duties of the
                                                                       22               Board.
                                                                       23                        (3) STAFF.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) IN GENERAL.—The Chairperson of the
                                                                       25                        Board may, without regard to the civil service


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00114   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             115
                                                                         1                       laws (including regulations), appoint and termi-
                                                                         2                       nate an executive director and such other addi-
                                                                         3                       tional personnel as are necessary to enable the
                                                                         4                       Board to perform the duties of the Board.
                                                                         5                                 (B) REQUIRED                       STAFF        MEMBERS.—The

                                                                         6                       Secretary shall, in accordance with subpara-
                                                                         7                       graph (A), designate no fewer than 2 full-time
                                                                         8                       staff members to support the operation of the
                                                                         9                       Board through logistical, administrative, and
                                                                       10                        legislative activities.
                                                                       11                                  (C) CONFIRMATION OF EXECUTIVE DIREC-
                                                                       12                        TOR.—The employment of an executive director

                                                                       13                        shall be subject to confirmation by the Board.
                                                                       14                                  (D) COMPENSATION.—
                                                                       15                                         (i) IN GENERAL.—Except as provided
                                                                       16                                  in clause (ii), the Chairperson of the Board
                                                                       17                                  may fix the compensation of the executive
                                                                       18                                  director and other personnel without re-
                                                                       19                                  gard to the provisions of chapter 51 and
                                                                       20                                  subchapter III of chapter 53 of title 5,
                                                                       21                                  United States Code, relating to classifica-
                                                                       22                                  tion of positions and General Schedule pay
                                                                       23                                  rates.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (ii) MAXIMUM                    RATE OF PAY.—The

                                                                       25                                  rate of pay for the executive director and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00115   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             116
                                                                         1                                 other personnel shall not exceed the rate
                                                                         2                                 payable for level V of the Executive Sched-
                                                                         3                                 ule under section 5316 of title 5, United
                                                                         4                                 States Code.
                                                                         5                       (4) DETAIL OF FEDERAL GOVERNMENT EM-
                                                                         6              PLOYEES.—

                                                                         7                                 (A) IN         GENERAL.—An                     employee of the
                                                                         8                       Federal Government may be detailed to the
                                                                         9                       Board without reimbursement.
                                                                       10                                  (B) CIVIL SERVICE STATUS.—The detail of
                                                                       11                        the employee shall be without interruption or
                                                                       12                        loss of civil service status or privilege.
                                                                       13                        (5) PROCUREMENT OF TEMPORARY AND INTER-
                                                                       14               MITTENT SERVICES.—The Chairperson of the Board

                                                                       15               may procure temporary and intermittent services in
                                                                       16               accordance with section 3109(b) of title 5, United
                                                                       17               States Code, at rates for individuals that do not ex-
                                                                       18               ceed the daily equivalent of the annual rate of basic
                                                                       19               pay prescribed for level V of the Executive Schedule
                                                                       20               under section 5316 of that title.
                                                                       21               (h) RULE OF CONSTRUCTION FOR REPORTING RE-
                                                                       22      QUIREMENTS.—

                                                                       23                        (1) IN GENERAL.—Neither the nomination by




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               an eligible worker organization of 1 or more individ-
                                                                       25               uals to serve as members of the Board, nor service


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00116   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             117
                                                                         1              on the Board by a representative of an eligible work-
                                                                         2              er organization, shall—
                                                                         3                                 (A) make the eligible worker organization
                                                                         4                       subject to the reporting requirements for labor
                                                                         5                       organizations under title II of the Labor-Man-
                                                                         6                       agement Reporting and Disclosure Act of 1959
                                                                         7                       (29 U.S.C. 431 et seq.); or
                                                                         8                                 (B) be considered as a factor in any deter-
                                                                         9                       mination of whether the eligible worker organi-
                                                                       10                        zation is subject to such reporting require-
                                                                       11                        ments.
                                                                       12                        (2) LMRDA REQUIREMENTS.—The status of
                                                                       13               an organization as an eligible worker organization
                                                                       14               shall not, by itself, make the organization subject to
                                                                       15               any reporting requirements under the Labor-Man-
                                                                       16               agement Reporting and Disclosure Act of 1959 (29
                                                                       17               U.S.C. 401 et seq.).
                                                                       18                        (3) DEFINITION OF ELIGIBLE WORKER ORGANI-
                                                                       19               ZATION.—For purposes of this subsection, the term

                                                                       20               ‘‘eligible worker organization’’ has the meaning
                                                                       21               given such term in subsection (b)(2)(D).
                                                                       22               (i) PROHIBITED ACTS.—No domestic work hiring en-
                                                                       23 tity may take any action prohibited under paragraph (7)




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 of section 117(b) with respect to a domestic worker par-
                                                                       25 ticipating as a member of, or taking an action described


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00117   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             118
                                                                         1 in paragraph (8) of such section with respect to, the
                                                                         2 Board.
                                                                         3              (j) RULE OF CONSTRUCTION FOR STATE AND LOCAL
                                                                         4 STANDARDS.—Nothing in this section shall preempt a
                                                                         5 State or local law with greater protections for domestic
                                                                         6 workers than the protections for such workers included in
                                                                         7 a standard issued through a rule under subsection (e)(2).
                                                                         8              (k) EFFECT ON EXISTING DOMESTIC WORKER BEN-
                                                                         9     EFITS.—

                                                                       10                        (1) MORE PROTECTIVE.—Nothing in this sec-
                                                                       11               tion shall be construed to diminish the obligation of
                                                                       12               a domestic work hiring entity to comply with any
                                                                       13               contract, collective bargaining agreement, or any do-
                                                                       14               mestic worker benefit program or plan that provides
                                                                       15               greater rights or benefits to domestic workers than
                                                                       16               the rights established under this Act.
                                                                       17                        (2) LESS PROTECTIVE.—The rights established
                                                                       18               for domestic workers under this section shall not be
                                                                       19               diminished by any contract, collective bargaining
                                                                       20               agreement, or any benefit program or plan.
                                                                       21      SEC. 202. DOMESTIC WORKERS’ BENEFITS STUDY.

                                                                       22               (a) STUDY.—
                                                                       23                        (1) IN GENERAL.—The Secretary shall conduct




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               a study, which may be through a contract with an-
                                                                       25               other entity, for the purpose of providing informa-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00118   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             119
                                                                         1              tion to labor organizations, domestic work hiring en-
                                                                         2              tities, and the general public concerning how to in-
                                                                         3              crease the number of domestic workers who have ac-
                                                                         4              cess to a secure retirement, affordable health care,
                                                                         5              unemployment insurance, life insurance, and other
                                                                         6              common benefits provided to employees of large pri-
                                                                         7              vate and public sector employers.
                                                                         8                       (2) MATTERS.—The study conducted under
                                                                         9              paragraph (1) shall include—
                                                                       10                                  (A) a review of—
                                                                       11                                         (i) the levels of access to and usage of
                                                                       12                                  benefits for domestic workers, including re-
                                                                       13                                  tirement savings, health insurance, and re-
                                                                       14                                  duced health care costs, paid sick time, un-
                                                                       15                                  employment insurance, disability and life
                                                                       16                                  insurance, and paid family and medical
                                                                       17                                  leave;
                                                                       18                                         (ii) barriers for domestic workers to—
                                                                       19                                                  (I) participate in the old-age,
                                                                       20                                         survivors, and disability insurance
                                                                       21                                         program established under title II of
                                                                       22                                         the Social Security Act (42 U.S.C.
                                                                       23                                         401 et seq.);




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                                  (II) obtain disability insurance;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00119   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             120
                                                                         1                                                 (III) access and use benefits, in-
                                                                         2                                        cluding the old-age, survivors, and
                                                                         3                                        disability insurance program estab-
                                                                         4                                        lished under title II of the Social Se-
                                                                         5                                        curity Act (42 U.S.C. 401 et seq.),
                                                                         6                                        the       Medicare              program             established
                                                                         7                                        under title XVIII of the Social Secu-
                                                                         8                                        rity Act (42 U.S.C. 1395 et seq.), the
                                                                         9                                        Medicaid program established under
                                                                       10                                         title XIX of that Act (42 U.S.C. 1396
                                                                       11                                         et seq.), unemployment insurance, any
                                                                       12                                         benefits provided under the Patient
                                                                       13                                         Protection and Affordable Care Act
                                                                       14                                         (Public Law 111–148), including the
                                                                       15                                         amendments made by that Act, paid
                                                                       16                                         family and medical leave, paid sick
                                                                       17                                         time, and any additional benefits iden-
                                                                       18                                         tified by the Secretary, including such
                                                                       19                                         benefits that are portable from job to
                                                                       20                                         job;
                                                                       21                                                  (IV) otherwise access affordable
                                                                       22                                         health insurance; and
                                                                       23                                                  (V) access any other benefits de-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         scribed in clause (i);




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00120   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             121
                                                                         1                                        (iii) the portability of work-related
                                                                         2                                 benefits for domestic workers and the laws,
                                                                         3                                 including regulations, preventing innova-
                                                                         4                                 tion and improvement in the portability of
                                                                         5                                 such benefits; and
                                                                         6                                        (iv) whether domestic workers bene-
                                                                         7                                 fitted from the emergency family and med-
                                                                         8                                 ical leave and emergency paid sick leave
                                                                         9                                 provisions             under          the        Families      First
                                                                       10                                  Coronavirus Response Act (Public Law
                                                                       11                                  116–127), including the amendments made
                                                                       12                                  by that Act, and lessons learned from the
                                                                       13                                  implementation of these provisions;
                                                                       14                                  (B) an identification and analysis of State
                                                                       15                        and nongovernmental innovations that can serve
                                                                       16                        as potential replicable models on the national
                                                                       17                        level to increase access to work-related benefits
                                                                       18                        for domestic workers, through portability, out-
                                                                       19                        reach, enrollment, and other strategies;
                                                                       20                                  (C) a comparison of the ability of domestic
                                                                       21                        workers to access, be eligible for, and partici-
                                                                       22                        pate in public and private sector work-related
                                                                       23                        benefits compared to such ability of other work-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        ers;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00121   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             122
                                                                         1                                 (D) a study on the coverage of domestic
                                                                         2                       workers under State workers’ compensation
                                                                         3                       laws, including in all 50 States, the District of
                                                                         4                       Columbia, and territories of the United States;
                                                                         5                       and
                                                                         6                                 (E) recommendations for innovations and
                                                                         7                       reforms that would—
                                                                         8                                        (i) ensure domestic workers could—
                                                                         9                                                 (I) access and use benefits, in-
                                                                       10                                         cluding the old-age, survivors, and
                                                                       11                                         disability insurance program estab-
                                                                       12                                         lished under title II of the Social Se-
                                                                       13                                         curity Act (42 U.S.C. 401 et seq.),
                                                                       14                                         the       Medicare              program             established
                                                                       15                                         under title XVIII of the Social Secu-
                                                                       16                                         rity Act (42 U.S.C. 1395 et seq.), the
                                                                       17                                         Medicaid program established under
                                                                       18                                         title XIX of that Act (42 U.S.C. 1396
                                                                       19                                         et seq.), unemployment insurance, any
                                                                       20                                         benefits provided under the Patient
                                                                       21                                         Protection and Affordable Care Act
                                                                       22                                         (Public Law 111–148), including the
                                                                       23                                         amendments made by that Act, paid




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         family and medical leave, paid sick
                                                                       25                                         time, and any additional benefits iden-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00122   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             123
                                                                         1                                        tified by the Secretary, including such
                                                                         2                                        benefits that are portable from job to
                                                                         3                                        job; and
                                                                         4                                                 (II) have contributions for the
                                                                         5                                        benefits described in subclause (I)
                                                                         6                                        from multiple hiring entities as appli-
                                                                         7                                        cable;
                                                                         8                                        (ii) provide adequate levels of such
                                                                         9                                 benefits for domestic workers; and
                                                                       10                                         (iii) enable a domestic worker to have
                                                                       11                                  access to such benefits through multiple
                                                                       12                                  jobs the worker may have.
                                                                       13               (b) REPORT.—Not later than 15 months after the
                                                                       14 date of enactment of this Act, the Secretary shall submit
                                                                       15 to the President and Congress a report on the study con-
                                                                       16 ducted under subsection (a) that includes each of the fol-
                                                                       17 lowing:
                                                                       18                        (1) The findings and conclusions of the study,
                                                                       19               including its findings and conclusions with respect to
                                                                       20               the matters described in subsection (a)(2).
                                                                       21                        (2) Considerations for laws, including regula-
                                                                       22               tions, that should be reviewed to address barriers
                                                                       23               impacting domestic workers.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00123   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             124
                                                                         1                       (3) Other information and recommendations
                                                                         2              with respect to benefits for domestic workers as the
                                                                         3              Secretary considers appropriate.
                                                                         4     SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS

                                                                         5                             FOR DOMESTIC WORKERS.

                                                                         6              (a) DEFINITIONS.—In this section:
                                                                         7                       (1) SECRETARY.—The term ‘‘Secretary’’ means
                                                                         8              the Secretary of Labor, in consultation with the Sec-
                                                                         9              retary of Education and the Secretary of Health and
                                                                       10               Human Services.
                                                                       11                        (2) SUPPORTIVE                     SERVICES; TRAINING SERV-

                                                                       12               ICES; WORKFORCE INVESTMENT ACTIVITIES.—The

                                                                       13               terms ‘‘supportive services’’, ‘‘training services’’, and
                                                                       14               ‘‘workforce investment activities’’ have the meanings
                                                                       15               given the terms in section 3 of the Workforce Inno-
                                                                       16               vation and Opportunity Act (29 U.S.C. 3102).
                                                                       17               (b) NATIONAL GRANT PROGRAM                                          FOR       DOMESTIC
                                                                       18 WORKERS.—Every 3 years, the Secretary shall, on a com-
                                                                       19 petitive basis, make grants to, or enter into contracts with,
                                                                       20 eligible entities to carry out the activities described in sub-
                                                                       21 section (d). The Secretary shall make the grants, or enter
                                                                       22 into the contracts, for periods of 4 years.
                                                                       23               (c) ELIGIBILITY.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (1) ELIGIBLE ENTITIES.—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00124   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             125
                                                                         1                                 (A) IN          GENERAL.—Subject                        to subpara-
                                                                         2                       graph (B), to be eligible to receive a grant or
                                                                         3                       enter into a contract under this section, an enti-
                                                                         4                       ty shall be—
                                                                         5                                        (i)(I) a nonprofit organization that is
                                                                         6                                 described in paragraph (3), (5), or (6) of
                                                                         7                                 section 501(c) of the Internal Revenue
                                                                         8                                 Code of 1986, and exempt from taxation
                                                                         9                                 under section 501(a) of such Code;
                                                                       10                                         (II) an organization with a board of
                                                                       11                                  directors, at least one-half of the members
                                                                       12                                  of which is comprised of—
                                                                       13                                                  (aa) domestic workers; or
                                                                       14                                                  (bb) representatives of an organi-
                                                                       15                                         zation of such workers, which organi-
                                                                       16                                         zation is independent from all busi-
                                                                       17                                         nesses, organizations, corporations, or
                                                                       18                                         individuals that would pursue any fi-
                                                                       19                                         nancial interest in conflict with that
                                                                       20                                         of the workers;
                                                                       21                                         (III) an organization that is inde-
                                                                       22                                  pendent as described in subclause (II)(bb);
                                                                       23                                  and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00125   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             126
                                                                         1                                        (IV) an organization that has exper-
                                                                         2                                 tise in domestic work and the workforce of
                                                                         3                                 domestic workers;
                                                                         4                                        (ii) an eligible provider of training
                                                                         5                                 services listed pursuant to section 122(d)
                                                                         6                                 of the Workforce Innovation and Oppor-
                                                                         7                                 tunity Act (29 U.S.C. 3152(d)); or
                                                                         8                                        (iii) an entity that carries out a pro-
                                                                         9                                 gram registered under the Act of August
                                                                       10                                  16, 1937 (commonly known as the ‘‘Na-
                                                                       11                                  tional Apprenticeship Act’’; 50 Stat. 664,
                                                                       12                                  chapter 663; 29 U.S.C. 50 et seq.).
                                                                       13                                  (B) ELIGIBLE ENTITY THAT TRAINS PER-
                                                                       14                        SONAL CARE AIDES OR ASSISTANTS.—In                                       the
                                                                       15                        case of an entity that plans to use a grant or
                                                                       16                        cooperative agreement under this section to
                                                                       17                        train personal care aides or assistants, such en-
                                                                       18                        tity shall, to be eligible for such grant or con-
                                                                       19                        tract, partner with individuals with disabilities
                                                                       20                        or organizations that represent individuals with
                                                                       21                        disabilities.
                                                                       22                        (2) PROGRAM PLAN.—
                                                                       23                                  (A) IN GENERAL.—To be eligible to receive




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        a grant or enter into a contract under this sec-
                                                                       25                        tion, an entity described in paragraph (1) shall


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00126   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             127
                                                                         1                       submit to the Secretary of Labor a plan that
                                                                         2                       describes a 4-year strategy for meeting the
                                                                         3                       needs of domestic workers in the area to be
                                                                         4                       served by such entity.
                                                                         5                                 (B) CONTENTS.—Such plan shall—
                                                                         6                                        (i) describe the domestic worker popu-
                                                                         7                                 lation to be served and identify the needs
                                                                         8                                 of the population to be served for work-
                                                                         9                                 force investment activities and related as-
                                                                       10                                  sistance, which may include employment
                                                                       11                                  and supportive services;
                                                                       12                                         (ii) identify the manner in which ca-
                                                                       13                                  reer pathways to be provided will strength-
                                                                       14                                  en the ability of the domestic workers to be
                                                                       15                                  served to obtain or retain employment and
                                                                       16                                  to improve wages or working conditions,
                                                                       17                                  including improved employment standards
                                                                       18                                  and opportunities in the field of domestic
                                                                       19                                  work;
                                                                       20                                         (iii) specifically address how the fund-
                                                                       21                                  ing provided through the grant or contract
                                                                       22                                  for services under this section to domestic
                                                                       23                                  workers will improve wages and skills for




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  domestic workers in a way that helps meet
                                                                       25                                  the need to recruit workers for and retain


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00127   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             128
                                                                         1                                 workers in in-demand occupations or ca-
                                                                         2                                 reers; and
                                                                         3                                        (iv) in the case of an entity that plans
                                                                         4                                 to serve domestic workers who are personal
                                                                         5                                 care aides or assistants through the grant
                                                                         6                                 or contract, provide an assurance that the
                                                                         7                                 workforce investment activities and related
                                                                         8                                 assistance carried out under this section
                                                                         9                                 will include relevant training for such do-
                                                                       10                                  mestic workers—
                                                                       11                                                  (I) regarding the rights of recipi-
                                                                       12                                         ents of home and community based
                                                                       13                                         services, including the rights of such
                                                                       14                                         recipients to—
                                                                       15                                                            (aa) receive services in inte-
                                                                       16                                                  grated settings that provide ac-
                                                                       17                                                  cess to the broader community;
                                                                       18                                                            (bb) exercise self-determina-
                                                                       19                                                  tion;
                                                                       20                                                            (cc) be free from all forms
                                                                       21                                                  of abuse, neglect, or exploitation;
                                                                       22                                                  and
                                                                       23                                                            (dd) receive person-centered




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                                  planning and practices, including




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00128   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             129
                                                                         1                                                 through the participation of such
                                                                         2                                                 recipients in planning activities;
                                                                         3                                                 (II) to ensure that each partici-
                                                                         4                                        pant of such training has the nec-
                                                                         5                                        essary skills to recognize abuse and
                                                                         6                                        understand their obligations with re-
                                                                         7                                        gard to reporting and responding to
                                                                         8                                        abuse appropriately in accordance
                                                                         9                                        with relevant Federal and State law;
                                                                       10                                         and
                                                                       11                                                  (III) regarding the provision of
                                                                       12                                         culturally competent and disability-
                                                                       13                                         competent supports to recipients of
                                                                       14                                         services provided by personal care
                                                                       15                                         aides or assistants.
                                                                       16                        (3)        AWARDS                AND         ADMINISTRATION.—The

                                                                       17               grants and contracts under this subsection shall be
                                                                       18               awarded by the Secretary using full and open com-
                                                                       19               petitive procedures and shall be administered by the
                                                                       20               Secretary.
                                                                       21               (d) AUTHORIZED ACTIVITIES.—Funds made avail-
                                                                       22 able under this section shall be used to carry out workforce
                                                                       23 investment activities and provide related assistance for do-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 mestic workers, which may include—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00129   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             130
                                                                         1                       (1) outreach, employment, training services,
                                                                         2              educational assistance, digital literacy assistance,
                                                                         3              English language and literacy instruction, worker
                                                                         4              safety training, supportive services, school dropout
                                                                         5              prevention and recovery activities, individual career
                                                                         6              services, and career pathways;
                                                                         7                       (2) follow-up services for those individuals
                                                                         8              placed in employment;
                                                                         9                       (3) development or education as needed by eligi-
                                                                       10               ble individuals as identified;
                                                                       11                        (4) customized career and technical education
                                                                       12               in occupations that will lead to higher wages, en-
                                                                       13               hanced benefits, and long-term employment in do-
                                                                       14               mestic work or another area; and
                                                                       15                        (5) the creation or maintenance of employment
                                                                       16               and training-related placement services, including
                                                                       17               digital placement services.
                                                                       18               (e) FUNDING ALLOCATION.—From the funds appro-
                                                                       19 priated and made available to carry out this section, the
                                                                       20 Secretary shall reserve not more than 1 percent for discre-
                                                                       21 tionary purposes related to carrying out this section, such
                                                                       22 as providing technical assistance to eligible entities.
                                                                       23               (f) ELIGIBLE PROVIDER PERFORMANCE REPORTS.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 Each eligible entity shall prepare performance reports to
                                                                       25 report on outcomes achieved by the programs of workforce


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00130   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             131
                                                                         1 investment activities and related assistance carried out
                                                                         2 under this section. The performance report for an eligible
                                                                         3 entity shall include, with respect to each such program (re-
                                                                         4 ferred to in this subsection as a ‘‘program of study’’) of
                                                                         5 such provider—
                                                                         6                       (1) information specifying the levels of perform-
                                                                         7              ance achieved with respect to the primary indicators
                                                                         8              of performance described in subclauses (I) through
                                                                         9              (V) of section 116(b)(2)(A)(i) of the Workforce In-
                                                                       10               novation             and          Opportunity                 Act         (29      U.S.C.
                                                                       11               3141(b)(2)(A)(i)) with respect to all individuals en-
                                                                       12               gaging in the program of study;
                                                                       13                        (2) the total number of individuals exiting from
                                                                       14               the program of study;
                                                                       15                        (3) the total number of participants who re-
                                                                       16               ceived training services through the program;
                                                                       17                        (4) the total number of participants who exited
                                                                       18               from training services, disaggregated by the type of
                                                                       19               entity that provided the training services, during the
                                                                       20               most recent program year and the 3 preceding pro-
                                                                       21               gram years;
                                                                       22                        (5) the average cost per participant for the par-
                                                                       23               ticipants              who            received               training             services,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               disaggregated by the type of entity that provided the




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00131   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             132
                                                                         1              training services, during the most recent program
                                                                         2              year and the 3 preceding program years; and
                                                                         3                       (6) information on indicators specified by the
                                                                         4              Secretary concerning the impact of the training serv-
                                                                         5              ices on the wages, skills, recruitment, and retention
                                                                         6              of participants.
                                                                         7     SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING

                                                                         8                             STANDARDS,                 AND         APPRENTICESHIPS             FOR

                                                                         9                             DOMESTIC WORKERS.

                                                                       10               (a) DEFINITION.—In this section, the term ‘‘Sec-
                                                                       11 retary’’ means the Secretary of Labor, acting in consulta-
                                                                       12 tion with the Secretary of Education and the Secretary
                                                                       13 of Health and Human Services.
                                                                       14               (b) PREPARATION.—
                                                                       15                        (1) IN GENERAL.—The Secretary shall conduct
                                                                       16               an interim study and a final study regarding the de-
                                                                       17               velopment of career pathways, national training
                                                                       18               standards, registered apprenticeship programs, and
                                                                       19               credentials for domestic workers who work in health
                                                                       20               care.
                                                                       21                        (2) CONTENTS.—The study required under
                                                                       22               paragraph (1) shall—
                                                                       23                                  (A)(i) examine how the establishment or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        expansion of career pathways, national training
                                                                       25                        standards, registered apprenticeship programs,


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00132   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             133
                                                                         1                       or credentials could enable the Nation to meet
                                                                         2                       the growing demand for domestic workers; and
                                                                         3                                 (ii) make recommendations on whether
                                                                         4                       and, if so, how that establishment could im-
                                                                         5                       prove wages and working conditions across the
                                                                         6                       domestic worker industry;
                                                                         7                                 (B)(i) examine how the creation or expan-
                                                                         8                       sion of registered apprenticeship programs for
                                                                         9                       domestic workers, including such programs con-
                                                                       10                        ducted at work sites of domestic workers and
                                                                       11                        such programs that use peer educators and peer
                                                                       12                        mentors for such workers, could improve oppor-
                                                                       13                        tunities for such workers; and
                                                                       14                                  (ii) make recommendations on whether
                                                                       15                        and, if so, how, that creation or expansion could
                                                                       16                        improve wages and working conditions across
                                                                       17                        the domestic worker industry; and
                                                                       18                                  (C) examine whether any amendments to
                                                                       19                        the Workforce Innovation and Opportunity Act
                                                                       20                        (29 U.S.C. 3101 et seq.) after the date of en-
                                                                       21                        actment of this Act should include assistance,
                                                                       22                        through grants and contracts, specifically for
                                                                       23                        domestic workers to improve outreach, training,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        education, and other assistance and support ac-
                                                                       25                        tivities for such workers.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00133   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             134
                                                                         1                       (3) CONSULTATION.—The study under para-
                                                                         2              graph (1) shall be conducted in consultation with
                                                                         3              representatives of domestic workers, experts in the
                                                                         4              field of domestic work, and domestic worker-led or-
                                                                         5              ganizations.
                                                                         6              (c) SUBMISSION OF REPORTS.—
                                                                         7                       (1) INTERIM REPORT.—Not later than 1 year
                                                                         8              after the date of enactment of this Act, the Sec-
                                                                         9              retary shall prepare and submit to Congress an in-
                                                                       10               terim report containing the findings of the interim
                                                                       11               study under subsection (b).
                                                                       12                        (2) FINAL REPORT.—Not later than 18 months
                                                                       13               after the date of enactment of this Act, the Sec-
                                                                       14               retary shall prepare and submit to Congress a final
                                                                       15               report containing the findings of the final study
                                                                       16               under subsection (b).
                                                                       17 TITLE III—IMPLEMENTATION OF
                                                                       18    THE   DOMESTIC  WORKERS
                                                                       19    BILL OF RIGHTS
                                                                       20      SEC. 301. DEFINITIONS.

                                                                       21               In this title:
                                                                       22                        (1) DOMESTIC WORKERS BILL OF RIGHTS.—
                                                                       23               The term ‘‘domestic workers bill of rights’’—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) means the rights and protections pro-
                                                                       25                        vided to domestic workers under this Act, and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00134   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             135
                                                                         1                       the amendments made by this Act, including
                                                                         2                       (as applicable)—
                                                                         3                                        (i) coverage under the overtime re-
                                                                         4                                 quirements of section 7 of the Fair Labor
                                                                         5                                 Standards Act of 1938 (29 U.S.C. 207);
                                                                         6                                        (ii) the right of live-in domestic em-
                                                                         7                                 ployees to certain notices and communica-
                                                                         8                                 tions under section 8 of such Act (29
                                                                         9                                 U.S.C. 208);
                                                                       10                                         (iii) any minimum wage for domestic
                                                                       11                                  workers that may be established pursuant
                                                                       12                                  to a recommendation to Congress under
                                                                       13                                  section 201(e)(3);
                                                                       14                                         (iv) the protection against retaliation
                                                                       15                                  under section 15(a)(3) of the Fair Labor
                                                                       16                                  Standards              Act         of     1938          (29    U.S.C.
                                                                       17                                  215(a)(3));
                                                                       18                                         (v) the applicability of title VII of the
                                                                       19                                  Civil Rights Act of 1964 (42 U.S.C. 2000a
                                                                       20                                  et seq.) to employers of 1 or more employ-
                                                                       21                                  ees;
                                                                       22                                         (vi) the labor rights and privacy pro-
                                                                       23                                  tections provided to domestic workers




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  under subtitle B of title I, including—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00135   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             136
                                                                         1                                                 (I) the right to a written agree-
                                                                         2                                        ment under section 110;
                                                                         3                                                 (II) the right to earned paid sick
                                                                         4                                        time provided under section 111;
                                                                         5                                                 (III) the fair scheduling practices
                                                                         6                                        required under section 112;
                                                                         7                                                 (IV) the right to request and re-
                                                                         8                                        ceive temporary changes to scheduled
                                                                         9                                        work hours for certain personal events
                                                                       10                                         under section 113;
                                                                       11                                                  (V) the privacy protections under
                                                                       12                                         section 114;
                                                                       13                                                  (VI) the right to meal and rest
                                                                       14                                         breaks in accordance with section 115;
                                                                       15                                                  (VII) the protection from wage
                                                                       16                                         deductions for cash shortages, break-
                                                                       17                                         ages, or loss under subsection (a) of
                                                                       18                                         section 116 and wage deductions or
                                                                       19                                         other penalties for communications
                                                                       20                                         described in subsection (b) of such
                                                                       21                                         section; and
                                                                       22                                                  (VIII) the protection against re-
                                                                       23                                         taliation under section 117(b); and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         (vii) the availability of—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00136   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             137
                                                                         1                                                 (I) safety data sheets for house-
                                                                         2                                        hold cleaning supplies in accordance
                                                                         3                                        with the consumer product safety
                                                                         4                                        standard promulgated by the Con-
                                                                         5                                        sumer Product Safety Commission
                                                                         6                                        under section 7 of the Consumer
                                                                         7                                        Product Safety Act (15 U.S.C. 2056)
                                                                         8                                        and section 122(a);
                                                                         9                                                 (II) educational materials from
                                                                       10                                         the National Institute for Occupa-
                                                                       11                                         tional Safety and Health relating to
                                                                       12                                         the health and safety of domestic
                                                                       13                                         workers who provide child care or
                                                                       14                                         cleaning              services             under        section
                                                                       15                                         122(b); and
                                                                       16                                                  (III) the national domestic work-
                                                                       17                                         er hotline supported under section
                                                                       18                                         121, including the phone number and
                                                                       19                                         other contact methods for the hotline;
                                                                       20                                         and
                                                                       21                                  (B) includes any rules promulgated by the
                                                                       22                        Secretary under this Act, or the amendments
                                                                       23                        made by this Act, and any standard rec-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        ommended by the Board that is promulgated as




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00137   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             138
                                                                         1                       such a rule or otherwise implemented by the
                                                                         2                       Secretary.
                                                                         3                       (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
                                                                         4              ty’’ means—
                                                                         5                                 (A) an organization described in paragraph
                                                                         6                       (3), (5), or (6) of section 501(c) of the Internal
                                                                         7                       Revenue Code of 1986 and exempt from tax-
                                                                         8                       ation under section 501(a) of such Code that—
                                                                         9                                        (i) has a board of directors, at least
                                                                       10                                  one-half of the members of which is com-
                                                                       11                                  prised of—
                                                                       12                                                  (I) domestic workers; or
                                                                       13                                                  (II) representatives of organiza-
                                                                       14                                         tions of such workers, which organiza-
                                                                       15                                         tion is independent from all busi-
                                                                       16                                         nesses, organizations, corporations, or
                                                                       17                                         individuals that would pursue any fi-
                                                                       18                                         nancial interest in conflict with that
                                                                       19                                         of the workers;
                                                                       20                                         (ii) is independent, as described in
                                                                       21                                  clause (i)(II);
                                                                       22                                         (iii) has expertise in domestic service
                                                                       23                                  and the workforce of domestic workers,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  and has a track record of working with do-
                                                                       25                                  mestic workers; and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00138   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             139
                                                                         1                                        (iv) operates in a jurisdiction with a
                                                                         2                                 significant population of domestic workers;
                                                                         3                                 or
                                                                         4                                 (B) a partnership of organizations de-
                                                                         5                       scribed in subparagraph (A).
                                                                         6                       (3) NOTICE OF DOMESTIC WORKER RIGHTS.—
                                                                         7              The term ‘‘notice of domestic worker rights’’ means
                                                                         8              the document created and made available by the
                                                                         9              Secretary under section 302(a).
                                                                       10      SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS.

                                                                       11               (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC
                                                                       12 WORKERS.—
                                                                       13                        (1) NOTICE OF RIGHTS.—The Secretary shall
                                                                       14               create, and make available, a notice of domestic
                                                                       15               worker rights document that describes the rights
                                                                       16               and protections provided by the domestic workers
                                                                       17               bill of rights and any other protections and other
                                                                       18               rights afforded under Federal law to domestic work-
                                                                       19               ers.
                                                                       20                        (2) AVAILABILITY AND ACCESSIBILITY OF NO-
                                                                       21               TICE.—The               notice of domestic worker rights shall
                                                                       22               be—
                                                                       23                                  (A) a written document made available on-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        line, including through the website described in
                                                                       25                        subsection (b); and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00139   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             140
                                                                         1                                 (B) available in English, Spanish, and
                                                                         2                       other languages understood by domestic work-
                                                                         3                       ers, which shall be determined by the Secretary
                                                                         4                       and include, at a minimum, the translation lan-
                                                                         5                       guages for the basic information fact sheet (or
                                                                         6                       any successor document) produced by the De-
                                                                         7                       partment of Labor.
                                                                         8              (b) ESTABLISHING A DOMESTIC WORKERS RIGHTS
                                                                         9 WEBSITE.—Not later than 180 days after the date of en-
                                                                       10 actment of this Act, the Secretary shall establish a single
                                                                       11 web page on the website of the Department of Labor that
                                                                       12 summarizes in plain language the rights of domestic work-
                                                                       13 ers under the domestic workers bill of rights.
                                                                       14      SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK-

                                                                       15                              ERS BILL OF RIGHTS ENFORCEMENT.

                                                                       16               (a) ESTABLISHMENT.—There is established an Inter-
                                                                       17 agency Task Force on Domestic Workers Bill of Rights
                                                                       18 Enforcement (referred to in this section as the ‘‘Task
                                                                       19 Force’’).
                                                                       20               (b) MEMBERS.—The Task Force shall consist of—
                                                                       21                        (1) representatives of the Department of Labor
                                                                       22               selected by the Secretary, including representatives
                                                                       23               of the Wage and Hour Division, Occupational Safety




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               and Health Administration, and Office of the Solic-
                                                                       25               itor of Labor;


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00140   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             141
                                                                         1                       (2) representatives of the Department of Health
                                                                         2              and Human Services selected by the Secretary of
                                                                         3              Health and Human Services, including representa-
                                                                         4              tives of the Centers for Medicare and Medicaid Serv-
                                                                         5              ices and the Administration for Community Living;
                                                                         6              and
                                                                         7                       (3) representatives of the Equal Employment
                                                                         8              Opportunity Commission, selected by the Commis-
                                                                         9              sion.
                                                                       10               (c) INITIAL MEETING.—The Task Force shall hold
                                                                       11 its first meeting by not later than 90 days after the date
                                                                       12 of enactment of this Act.
                                                                       13               (d) DUTIES.—
                                                                       14                        (1) RECOMMENDATIONS                                 REGARDING            WORK-

                                                                       15               PLACE CHALLENGES.—Beginning not later than 180

                                                                       16               days after the date of enactment of this Act, the
                                                                       17               Task Force shall—
                                                                       18                                  (A) examine the issues and challenges fac-
                                                                       19                        ing domestic workers who come forward to en-
                                                                       20                        force their workplace rights;
                                                                       21                                  (B) identify challenges agencies enforcing
                                                                       22                        these workplace rights have in reaching domes-
                                                                       23                        tic workers and enforcing, including by con-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        ducting hearings in each of the regions served
                                                                       25                        by the regional offices of the Wage and Hour


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00141   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             142
                                                                         1                       Division of the Department of Labor to hear di-
                                                                         2                       rectly from domestic workers, advocates, and
                                                                         3                       officials or employees of such agencies in the re-
                                                                         4                       gional and local areas; and
                                                                         5                                 (C) develop a set of recommendations, in-
                                                                         6                       cluding sample legislative language, on the best
                                                                         7                       enforcement strategies to protect the workplace
                                                                         8                       rights of domestic workers, including—
                                                                         9                                        (i) how to reach, and enforce the
                                                                       10                                  rights of, domestic workers who work in
                                                                       11                                  private homes;
                                                                       12                                         (ii) ways for Federal agencies to work
                                                                       13                                  together or conduct joint enforcement of
                                                                       14                                  workplace rights for domestic workers, as
                                                                       15                                  domestic workers who experience one type
                                                                       16                                  of violation are likely also experiencing
                                                                       17                                  other types of violations; and
                                                                       18                                         (iii) ways the Task Force can work
                                                                       19                                  with State and local enforcement agencies
                                                                       20                                  on the enforcement of workplace rights for
                                                                       21                                  domestic workers.
                                                                       22                        (2) REPORT.—By not later than 1 year after
                                                                       23               the date of the first meeting of the Task Force, the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               Task Force shall prepare and submit a report to




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00142   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             143
                                                                         1              Congress regarding the recommendations described
                                                                         2              in paragraph (1)(C).
                                                                         3                       (3) JOINT ENFORCEMENT.—
                                                                         4                                 (A) IN GENERAL.—For a period of not
                                                                         5                       more than 3 years after the date of enactment
                                                                         6                       of this Act, the Task Force shall carry out such
                                                                         7                       actions as the Task Force determines necessary
                                                                         8                       to support joint enforcement by Federal agen-
                                                                         9                       cies of violations of the rights of domestic work-
                                                                       10                        ers.
                                                                       11                                  (B) REPORT.—At the end of the 3-year pe-
                                                                       12                        riod described in subparagraph (A), the Task
                                                                       13                        Force shall submit a report to Congress regard-
                                                                       14                        ing the efficacy of joint enforcement.
                                                                       15                        (4) AUDIT OF FEDERAL ENFORCEMENT STRAT-
                                                                       16               EGIES.—By not later than 3 years after the date of

                                                                       17               enactment of this Act, and every 3 years thereafter,
                                                                       18               the Task Force shall—
                                                                       19                                  (A) conduct an audit of the Federal en-
                                                                       20                        forcement strategies relating to the rights of
                                                                       21                        domestic workers; and
                                                                       22                                  (B) prepare and submit to Congress a re-
                                                                       23                        port regarding the results of the audit.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        (5) CONSULTATION                         REGARDING                COMMUNITY-

                                                                       25               BASED                    ENFORCEMENT                               DEMONSTRATION



                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00143   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             144
                                                                         1              PROJECTS.—Upon the request of the Secretary, the

                                                                         2              Task Force shall review, and provide recommenda-
                                                                         3              tions regarding, the applications for community-
                                                                         4              based enforcement grants under section 304.
                                                                         5     SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDU-

                                                                         6                             CATION, OUTREACH, AND ENFORCEMENT OF

                                                                         7                             DOMESTIC WORKER RIGHTS.

                                                                         8              (a) PROGRAM AUTHORIZED.—
                                                                         9                       (1) IN GENERAL.—From amounts made avail-
                                                                       10               able to carry out this section, the Secretary, after
                                                                       11               consultation with the Interagency Task Force on
                                                                       12               Domestic Workers Bill of Rights Enforcement, shall
                                                                       13               award grants to eligible entities to enable the eligible
                                                                       14               entities to expand and improve cooperative efforts
                                                                       15               between Federal agencies and members of the com-
                                                                       16               munity, in order to—
                                                                       17                                  (A) enhance the enforcement of the domes-
                                                                       18                        tic workers bill of rights and other workplace
                                                                       19                        rights provided to domestic workers under rel-
                                                                       20                        evant Federal, State, and local laws;
                                                                       21                                  (B) educate domestic workers of their
                                                                       22                        rights under the domestic workers bill of rights
                                                                       23                        and other workplace rights under Federal,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        State, and local laws;




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00144   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             145
                                                                         1                                 (C) educate domestic work hiring entities
                                                                         2                       regarding their responsibilities and obligations
                                                                         3                       under the domestic workers bill of rights and
                                                                         4                       other relevant Federal, State, and local laws;
                                                                         5                       and
                                                                         6                                 (D) assist domestic workers in pursuing
                                                                         7                       their workplace rights under the domestic work-
                                                                         8                       ers bill of rights and other relevant Federal,
                                                                         9                       State, or local laws.
                                                                       10                        (2)        DURATION                OF        GRANTS.—Each                grant
                                                                       11               awarded under this section shall be for a period of
                                                                       12               not more than 3 years.
                                                                       13               (b) APPLICATIONS.—
                                                                       14                        (1) IN GENERAL.—An eligible entity desiring a
                                                                       15               grant under this section shall submit an application
                                                                       16               at such time, in such manner, and containing such
                                                                       17               information as the Secretary may require.
                                                                       18                        (2) PARTNERSHIP APPLICATIONS.—In the case
                                                                       19               of an eligible entity that is a partnership, the eligible
                                                                       20               entity may designate, in the application, a single or-
                                                                       21               ganization in the partnership as the lead entity for
                                                                       22               purposes of receiving and disbursing funds.
                                                                       23                        (3) CONTENTS.—An application described in




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               paragraph (1) shall include—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00145   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             146
                                                                         1                                 (A) a description of a plan for the dem-
                                                                         2                       onstration project that the eligible entity pro-
                                                                         3                       poses to carry out with a grant under this sec-
                                                                         4                       tion, including a long-term strategy and de-
                                                                         5                       tailed implementation plan that reflects ex-
                                                                         6                       pected participation of, and partnership with,
                                                                         7                       community partners; and
                                                                         8                                 (B) information on the training and edu-
                                                                         9                       cation that will be provided to domestic workers
                                                                       10                        and domestic work hiring entities under such
                                                                       11                        program.
                                                                       12               (c) SELECTION.—
                                                                       13                        (1) IN GENERAL.—Subject to paragraph (2),
                                                                       14               the Secretary shall award grants under this section
                                                                       15               on a competitive basis.
                                                                       16                        (2) DISTRIBUTION                         THROUGH                 REGIONS.—In

                                                                       17               awarding grants under this section, the Secretary
                                                                       18               shall ensure that a grant is awarded to an eligible
                                                                       19               entity in each region represented by a regional office
                                                                       20               of the Wage and Hour Division of the Department
                                                                       21               of Labor, to the extent practicable based on the
                                                                       22               availability of appropriations and the applications
                                                                       23               submitted.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (d) USE OF FUNDS.—An eligible entity receiving a
                                                                       25 grant under this section shall use grant funds to develop


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00146   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             147
                                                                         1 a community partnership and establish and support,
                                                                         2 through the partnership, 1 or more of the following activi-
                                                                         3 ties:
                                                                         4                       (1) Disseminating information and conducting
                                                                         5              outreach and training to educate domestic workers
                                                                         6              about the rights and protections provided under the
                                                                         7              domestic workers bill of rights.
                                                                         8                       (2) Conducting educational training for domes-
                                                                         9              tic work hiring entities about their obligations under
                                                                       10               the domestic workers bill of rights.
                                                                       11                        (3) Conducting orientations and training jointly
                                                                       12               with relevant Federal agencies, including the Inter-
                                                                       13               agency Task Force established under section 303,
                                                                       14               regarding the rights and protections provided under
                                                                       15               the domestic workers bill of rights.
                                                                       16                        (4) Providing mediation services between pri-
                                                                       17               vate-pay employers and workers.
                                                                       18                        (5) Providing assistance to domestic workers in
                                                                       19               filing claims relating to violations of the domestic
                                                                       20               workers bill of rights, either administratively or in
                                                                       21               court.
                                                                       22                        (6) Monitoring compliance by domestic work
                                                                       23               hiring entities with the domestic workers bill of




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               rights.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00147   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             148
                                                                         1                       (7) Establishing networks for education, com-
                                                                         2              munication, and participation in the community re-
                                                                         3              lating to the domestic workers bill of rights.
                                                                         4                       (8) Evaluating the effectiveness of programs de-
                                                                         5              signed to prevent violations of the domestic workers
                                                                         6              bill of rights and enforce the domestic workers bill
                                                                         7              of rights.
                                                                         8                       (9) Recruiting and hiring staff and volunteers
                                                                         9              for the activities described in this subsection.
                                                                       10                        (10) Producing and disseminating outreach and
                                                                       11               training materials.
                                                                       12                        (11) Any other activity as the Secretary may
                                                                       13               reasonably prescribe through notice and comment
                                                                       14               rulemaking.
                                                                       15               (e) MEMORANDA OF UNDERSTANDING.—
                                                                       16                        (1) IN GENERAL.—Not later than 60 days after
                                                                       17               receiving a grant under this section, an eligible enti-
                                                                       18               ty shall negotiate and finalize with the Secretary a
                                                                       19               memorandum of understanding that sets forth spe-
                                                                       20               cific goals, objectives, strategies, and activities that
                                                                       21               will be carried out under the grant by the eligible
                                                                       22               entity through a community partnership.
                                                                       23                        (2) SIGNATURES.—A representative of the eligi-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               ble entity receiving a grant (or, in the case of an eli-
                                                                       25               gible entity that is a partnership, a representative of


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00148   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             149
                                                                         1              each organization in the partnership) and the Sec-
                                                                         2              retary shall sign the memorandum of understanding
                                                                         3              under this subsection.
                                                                         4                       (3) REVISIONS.—A memorandum of under-
                                                                         5              standing under this subsection shall be reviewed and
                                                                         6              revised by the eligible entity and the Secretary each
                                                                         7              year for the duration of the grant.
                                                                         8              (f) AUTHORIZATION                         OF      APPROPRIATIONS.—There
                                                                         9 are authorized to be appropriated such sums as may be
                                                                       10 necessary to carry out this section.
                                                                       11      SEC. 305. ENCOURAGING THE USE OF FISCAL INTER-

                                                                       12                              MEDIARIES.

                                                                       13               Not later than 1 year after the date of enactment
                                                                       14 of this Act, the Secretary of Labor shall issue a rule to
                                                                       15 facilitate the use of fiscal intermediaries that enable pay-
                                                                       16 ments between domestic workers and domestic work hiring
                                                                       17 entities, to improve transparency, enforcement, and work-
                                                                       18 ing conditions of domestic workers.
                                                                       19      SEC. 306. J–1 VISA PROGRAM.

                                                                       20               (a) RULE OF CONSTRUCTION.—Nothing in this Act
                                                                       21 or the amendments made by this Act shall be construed
                                                                       22 to limit the authority of the Secretary of Labor or the
                                                                       23 States to enforce labor laws, or promulgate regulations,




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 with respect to work performed by an individual who is—




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00149   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             150
                                                                         1                       (1) participating in an exchange visitor pro-
                                                                         2              gram described in section 62.31 of title 22, Code of
                                                                         3              Federal Regulations (or a successor regulation); and
                                                                         4                       (2) present in the United States pursuant to a
                                                                         5              visa issued under section 101(a)(15)(J) of the Immi-
                                                                         6              gration             and           Nationality                 Act          (8     U.S.C.
                                                                         7              1101(a)(15)(J)).
                                                                         8              (b) NOTIFICATION OF RIGHTS.—
                                                                         9                       (1) IN GENERAL.—Not later than 180 days
                                                                       10               after the date of enactment of this Act, the Sec-
                                                                       11               retary of State and any sponsor designated under
                                                                       12               subsection (b) of section 62.31 of title 22, Code of
                                                                       13               Federal Regulations (or a successor regulation), to
                                                                       14               carry out an au pair program shall—
                                                                       15                                  (A) notify each au pair participating in the
                                                                       16                        program of his or her rights under the Fair
                                                                       17                        Labor Standards Act of 1938 (29 U.S.C. 201
                                                                       18                        et seq.); and
                                                                       19                                  (B) provide to each such au pair—
                                                                       20                                         (i) a description of the services pro-
                                                                       21                                  vided by the Wage and Hour Division of
                                                                       22                                  the Department of Labor; and
                                                                       23                                         (ii) information with respect to the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  manner in which the au pair may contact




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00150   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             151
                                                                         1                                 the Department of Labor to request assist-
                                                                         2                                 ance.
                                                                         3                       (2) APPLICABILITY OF DOMESTIC WORKER RE-
                                                                         4              QUIREMENTS.—The notice requirement under para-

                                                                         5              graph (1) shall be in addition to all other protections
                                                                         6              or notices that apply to a domestic worker who is
                                                                         7              also an individual participating in an au pair pro-
                                                                         8              gram.
                                                                         9     SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PRO-

                                                                       10                              VIDE MEDICAID-FUNDED SERVICES.

                                                                       11               (a) REGULATIONS TO APPLY DOMESTIC WORKER
                                                                       12 PROTECTIONS AND RIGHTS.—Not later than 1 year after
                                                                       13 the date of enactment of this Act, the Secretary and the
                                                                       14 Secretary of Health and Human Services jointly shall de-
                                                                       15 velop and issue the following regulations:
                                                                       16                        (1) Regulations regarding the application of the
                                                                       17               protections and rights afforded to domestic workers
                                                                       18               including personal care aide or assistants who pro-
                                                                       19               vide services described in subsection (b) that are
                                                                       20               funded under the State plan under title XIX of the
                                                                       21               Social Security Act (42 U.S.C. 1396 et seq.) or
                                                                       22               under a waiver of such plan including through a con-
                                                                       23               tract or other arrangement with a managed care en-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               tity (as defined in section 1932(a)(1)(B) of the So-
                                                                       25               cial Security Act (42 U.S.C. 1396u–2(a)(1)(B))), to


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00151   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             152
                                                                         1              individuals enrolled in such plan or waiver. The reg-
                                                                         2              ulations issued under this paragraph shall recognize
                                                                         3              the role of self-directed care for individuals with dis-
                                                                         4              abilities and shall—
                                                                         5                                 (A) protect, stabilize, and expand the do-
                                                                         6                       mestic worker and personal care aide or assist-
                                                                         7                       ant workforce;
                                                                         8                                 (B) recognize the role of self-directed care
                                                                         9                       for individuals with disabilities;
                                                                       10                                  (C) prohibit States from requiring individ-
                                                                       11                        uals with disabilities who self-direct their care
                                                                       12                        to use their direct service budget to pay for
                                                                       13                        costs resulting from the application of such pro-
                                                                       14                        tections and rights to domestic workers (such
                                                                       15                        as paid sick time, penalties, or overtime pay)
                                                                       16                        except to the extent that such costs are directly
                                                                       17                        related to the provision of services described in
                                                                       18                        subsection (b) to such individuals;
                                                                       19                                  (D) facilitate Federal and State compli-
                                                                       20                        ance with section 504 of the Rehabilitation Act
                                                                       21                        of 1973 (29 U.S.C. 794), the Americans with
                                                                       22                        Disabilities Act of 1990 (42 U.S.C. 12101 et
                                                                       23                        seq.), and the holdings of the Supreme Court in




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        Olmstead v. L.C., 527 U.S. 581 (1999), and
                                                                       25                        companion cases; and


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00152   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             153
                                                                         1                                 (E) prohibit States from reducing the level
                                                                         2                       at which States make medical assistance for the
                                                                         3                       services described in subsection (b) available
                                                                         4                       under the State plan under title XIX of the So-
                                                                         5                       cial Security Act (42 U.S.C. 1396 et seq.) or
                                                                         6                       under a waiver of such plan as a result of the
                                                                         7                       application of protections and rights afforded to
                                                                         8                       domestic workers who provide such services.
                                                                         9                       (2) Regulations regarding—
                                                                       10                                  (A) mechanisms for States to use to pay
                                                                       11                        for the costs described in paragraph (1)(C), in-
                                                                       12                        cluding, to the extent the Secretaries determine
                                                                       13                        appropriate, through the establishment of a
                                                                       14                        dedicated State fund, using funds appropriated
                                                                       15                        to a State agency, and using fiscal inter-
                                                                       16                        mediaries; and
                                                                       17                                  (B) how States may use funds provided as
                                                                       18                        a result of the increased Federal medical assist-
                                                                       19                        ance percentage for services provided by domes-
                                                                       20                        tic workers under section 1905(jj) of such Act
                                                                       21                        (42 U.S.C. 196d(jj)) (as added by section 401)
                                                                       22                        for such costs.
                                                                       23               (b) SERVICES DESCRIBED.—The services described




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 in this subsection are the following:




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00153   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             154
                                                                         1                       (1) Home health care services authorized under
                                                                         2              paragraph (7) of section 1905(a) of the Social Secu-
                                                                         3              rity Act (42 U.S.C. 1396d(a)).
                                                                         4                       (2) Personal care services authorized under
                                                                         5              paragraph (24) of such section.
                                                                         6                       (3) PACE services authorized under paragraph
                                                                         7              (26) of such section.
                                                                         8                       (4) Home and community-based services au-
                                                                         9              thorized under subsections (b), (c), (i), (j), and (k)
                                                                       10               of section 1915 of such Act (42 U.S.C. 1396n), such
                                                                       11               services authorized under a waiver under section
                                                                       12               1115 of such Act (42 U.S.C. 1315), and such serv-
                                                                       13               ices provided through coverage authorized under sec-
                                                                       14               tion 1937 of such Act (42 U.S.C. 1396u–7).
                                                                       15                        (5) Case management services authorized under
                                                                       16               section 1905(a)(19) of the Social Security Act (42
                                                                       17               U.S.C. 1396d(a)(19)) and section 1915(g) of such
                                                                       18               Act (42 U.S.C. 1396n(g)).
                                                                       19                        (6) Rehabilitative services, including those re-
                                                                       20               lated to behavioral health, described in section
                                                                       21               1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)).
                                                                       22                        (7) Such other services specified by the Sec-
                                                                       23               retary of Health and Human Services.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00154   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             155
                                                                         1     SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-

                                                                         2                             FUNDED PROGRAMS.

                                                                         3              (a) IN GENERAL.—Notwithstanding any other provi-
                                                                         4 sion of this Act, the Secretary shall delay all enforcement
                                                                         5 relating to the provisions of this Act, or the amendments
                                                                         6 made by this Act, with respect to a Federal, State, or local
                                                                         7 governmental agency, or an entity operating under a
                                                                         8 grant, contract, or other agreement for such agency until
                                                                         9 the day that is 2 years after the date of enactment of this
                                                                       10 Act.
                                                                       11               (b) EXTENSION OPTION.—The Secretary may extend
                                                                       12 the 2-year delay period in enforcement under subsection
                                                                       13 (a) with respect to a Federal, State, or local governmental
                                                                       14 agency, or an entity operating under a grant, contract,
                                                                       15 or other agreement for such agency for an additional 1-
                                                                       16 year period, if, through a process established by the Sec-
                                                                       17 retary, the Secretary determines the delay appropriate. In
                                                                       18 applying the preceding sentence, a delay in issuing the
                                                                       19 regulations required under section 307 shall be deemed a
                                                                       20 reason to extend the delayed enforcement period.
                                                                       21               (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC-
                                                                       22      TIONS BY              DOMESTIC WORKERS PROVIDING SERVICES
                                                                       23 FUNDED UNDER MEDICAID.—No action may be brought
                                                                       24 under section 118(a)(3) against a domestic work hiring




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25 entity that receives payment under a State Medicaid plan
                                                                       26 or waiver under title XIX of the Social Security Act for
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00155   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             156
                                                                         1 providing any services described in section 307(b), until
                                                                         2 on or after the date that is 2 years after the date of enact-
                                                                         3 ment of this Act.
                                                                         4                          TITLE IV—FUNDING
                                                                         5     SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED-

                                                                         6                             ICAL ASSISTANCE PERCENTAGE FOR MED-

                                                                         7                             ICAID-FUNDED SERVICES PROVIDED BY DO-

                                                                         8                             MESTIC WORKERS.

                                                                         9              (a) IN GENERAL.—Section 1905 of the Social Secu-
                                                                       10 rity Act (42 U.S.C. 1396d) is amended—
                                                                       11                        (1) in subsection (b), by striking ‘‘and (ii)’’ and
                                                                       12               inserting ‘‘(ii), and (jj)’’; and
                                                                       13                        (2) by adding at the end the following new sub-
                                                                       14               section:
                                                                       15               ‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE
                                                                       16      FOR SERVICES PROVIDED BY DOMESTIC WORKERS.—

                                                                       17                        ‘‘(1) AMOUNT OF INCREASE.—
                                                                       18                                  ‘‘(A) IN GENERAL.—Notwithstanding sub-
                                                                       19                        section (b), with respect to amounts expended
                                                                       20                        by a State for medical assistance described in
                                                                       21                        paragraph (2) that is provided by a personal
                                                                       22                        care aide or assistant during a quarter within
                                                                       23                        the twenty-quarter period beginning with the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        first quarter that begins after the date of enact-
                                                                       25                        ment of this subsection, the Federal medical as-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00156   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             157
                                                                         1                       sistance percentage for the State and the quar-
                                                                         2                       ter that applies to such expenditures shall, after
                                                                         3                       application of any increase to the Federal med-
                                                                         4                       ical assistance percentage for the State and
                                                                         5                       quarter, if applicable, under subsection (y), (z),
                                                                         6                       (aa), or (ii) of this section, section 1915(k), sec-
                                                                         7                       tion 6008 of the Families First Coronavirus Re-
                                                                         8                       sponse Act, section 9817 of the American Res-
                                                                         9                       cue Plan Act, or any other provision of law, be
                                                                       10                        increased by 4 percentage points (not to exceed
                                                                       11                        100 percent).
                                                                       12                                  ‘‘(B) DISREGARD FROM TERRITORIAL PAY-
                                                                       13                        MENT CAPS.—Any                        payment made to Puerto
                                                                       14                        Rico, the Virgin Islands, Guam, the Northern
                                                                       15                        Mariana Islands, or American Samoa for ex-
                                                                       16                        penditures on medical assistance that are sub-
                                                                       17                        ject to the Federal medical assistance percent-
                                                                       18                        age increase specified under subparagraph (A)
                                                                       19                        shall not be taken into account for purposes of
                                                                       20                        applying payment limits under subsections (f)
                                                                       21                        and (g) of section 1108.
                                                                       22                        ‘‘(2) MEDICAL ASSISTANCE DESCRIBED.—The
                                                                       23               medical assistance described in this paragraph is the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               following:




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00157   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             158
                                                                         1                                 ‘‘(A) Home health care services authorized
                                                                         2                       under paragraph (7) of subsection (a).
                                                                         3                                 ‘‘(B) Personal care services authorized
                                                                         4                       under paragraph (24) of such subsection.
                                                                         5                                 ‘‘(C) PACE services authorized under
                                                                         6                       paragraph (26) of such subsection.
                                                                         7                                 ‘‘(D) Home and community-based services
                                                                         8                       authorized under subsections (b), (c), (i), (j),
                                                                         9                       and (k) of section 1915, such services author-
                                                                       10                        ized under a waiver under section 1115, and
                                                                       11                        such services provided through coverage author-
                                                                       12                        ized under section 1937.
                                                                       13                                  ‘‘(E) Case management services authorized
                                                                       14                        under subsection (a)(19) and section 1915(g).
                                                                       15                                  ‘‘(F)       Rehabilitative                 services,           including
                                                                       16                        those related to behavioral health, described in
                                                                       17                        subsection (a)(13).
                                                                       18                                  ‘‘(G) Such other services specified by the
                                                                       19                        Secretary.
                                                                       20                        ‘‘(3) MAINTENANCE                            OF      EFFORT              REQUIRE-

                                                                       21               MENT.—A               State may not receive the increase de-
                                                                       22               scribed in paragraph (1) with respect to a quarter
                                                                       23               if the eligibility standards, methodologies, or proce-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               dures applicable to the provision of medical assist-
                                                                       25               ance described in paragraph (2) under the State


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00158   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             159
                                                                         1              plan (or waiver of such plan) are more restrictive
                                                                         2              during such quarter than the eligibility standards,
                                                                         3              methodologies, or procedures, respectively, applicable
                                                                         4              to the provision of such assistance under such plan
                                                                         5              (or waiver) as in effect on the date of enactment of
                                                                         6              this subsection.
                                                                         7                       ‘‘(4) PERSONAL CARE AIDE OR ASSISTANT DE-
                                                                         8              FINED.—In this subsection, the term ‘personal care

                                                                         9              aide or assistant’ has the meaning given that term
                                                                       10               in section 3(b)(11) of the Domestic Workers Bill of
                                                                       11               Rights Act and includes any individual who provides
                                                                       12               medical assistance described in paragraph (2) for
                                                                       13               compensation.’’.
                                                                       14               (b) APPLICATION TO CHIP.—Section 2105(a) of the
                                                                       15 Social Security Act (42 U.S.C. 1397ee(a)) is amended by
                                                                       16 adding at the end the following new paragraph:
                                                                       17                        ‘‘(5) CHILD HEALTH ASSISTANCE PROVIDED BY
                                                                       18               DOMESTIC WORKERS.—

                                                                       19                                  ‘‘(A) IN GENERAL.—Notwithstanding para-
                                                                       20                        graph (1) and subsection (b), the Secretary
                                                                       21                        shall pay to each State with a plan approved
                                                                       22                        under this title, from its allotment under sec-
                                                                       23                        tion 2104, an amount, for each quarter within




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        the twenty-quarter period beginning with the
                                                                       25                        first quarter that begins after the date of enact-


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00159   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             160
                                                                         1                       ment of this paragraph, equal to the enhanced
                                                                         2                       FMAP, increased by 4 percentage points (not
                                                                         3                       to exceed 100 percent) of expenditures in the
                                                                         4                       quarter for child health assistance and preg-
                                                                         5                       nancy-related assistance described in subpara-
                                                                         6                       graph (B) that are provided under the plan for
                                                                         7                       targeted low-income children and targeted low-
                                                                         8                       income women.
                                                                         9                                 ‘‘(B) CHILD                 HEALTH             ASSISTANCE        AND

                                                                       10                        PREGNANCY-RELATED                                   ASSISTANCE             DE-

                                                                       11                        SCRIBED.—The                      child health assistance and
                                                                       12                        pregnancy-related assistance described in this
                                                                       13                        subparagraph are the following:
                                                                       14                                         ‘‘(i)       Home              and        community-based
                                                                       15                                  health care services and related supportive
                                                                       16                                  services under paragraph (14) of section
                                                                       17                                  2110 (other than training for family mem-
                                                                       18                                  bers, and minor modifications to the
                                                                       19                                  home).
                                                                       20                                         ‘‘(ii)          Rehabilitative              services     under
                                                                       21                                  paragraph (24) of section 2110.’’.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00160   Fmt 6652    Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             161
                                                                         1     SEC. 402. PROCESS FOR DETERMINING AN INCREASED

                                                                         2                             FMAP TO ENSURE A ROBUST HOMECARE

                                                                         3                             WORKFORCE UNDER MEDICAID.

                                                                         4              (a) DATA COLLECTION.—The Secretary of Health
                                                                         5 and Human Services, acting through the Assistant Sec-
                                                                         6 retary for Planning and Evaluation (referred to in this
                                                                         7 section as ‘‘ASPE’’), shall enter into arrangements with
                                                                         8 States to collect State Medicaid program data on the per-
                                                                         9 sonal care aide or assistant workforce. The data collected
                                                                       10 under such arrangements shall include the following:
                                                                       11                        (1) Rates of retention and turnover of personal
                                                                       12               care aide or assistants by program type and State.
                                                                       13                        (2) Causes of such turnover.
                                                                       14                        (3) Numbers and types of personal care aide or
                                                                       15               assistants impacted by this Act and the amendments
                                                                       16               made by this Act, including, but not limited to, with
                                                                       17               respect to—
                                                                       18                                  (A) personal care aide or assistants pro-
                                                                       19                        viding services to individuals who are enrolled
                                                                       20                        in a State Medicaid program, including, in the
                                                                       21                        case of individuals enrolled under a waiver of
                                                                       22                        such program, the types of waivers involved;
                                                                       23                        and
                                                                       24                                  (B) personal care aide or assistants pro-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                        viding services to individuals who are not en-
                                                                       26                        rolled in a State Medicaid program.
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00161   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             162
                                                                         1                       (4) Wages earned by personal care aide or as-
                                                                         2              sistants in each State.
                                                                         3                       (5) Variations in wages across types of employ-
                                                                         4              ers of personal care aide or assistants.
                                                                         5                       (6) Any other such data as ASPE determines
                                                                         6              relevant to studying how to improve the recruitment
                                                                         7              and retention of the personal care aide or assistant
                                                                         8              workforce.
                                                                         9              (b) PROPOSED FMAP INCREASE.—
                                                                       10                        (1) IN GENERAL.—Based on the data collected
                                                                       11               under arrangements entered into under subsection
                                                                       12               (a), ASPE shall determine a proposed increased
                                                                       13               FMAP for amounts expended by a State for medical
                                                                       14               assistance described in section 1905(jj)(2) of the So-
                                                                       15               cial Security Act (42 U.S.C. 1396d(jj)(2)) (as added
                                                                       16               by section 401) under the State Medicaid program
                                                                       17               that is provided by a personal care aide or assistant.
                                                                       18                        (2) REQUIREMENTS.—The proposed increased
                                                                       19               FMAP shall be designed to do the following:
                                                                       20                                  (A) Provide adequate reimbursement under
                                                                       21                        State Medicaid programs for increased costs for
                                                                       22                        Federal, State, and local changes in wages and
                                                                       23                        benefits for personal care aide or assistants as




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                        a result of this Act and the amendments made
                                                                       25                        by this Act.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00162   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             163
                                                                         1                                 (B) Improve the rates of retention and re-
                                                                         2                       cruitment of personal care aide or assistants.
                                                                         3                                 (C) Ensure the independence and integra-
                                                                         4                       tion of individuals with disabilities who rely on
                                                                         5                       personal care aide or assistants.
                                                                         6                       (3) CONSULTATION.—In determining such pro-
                                                                         7              posed increased FMAP, ASPE shall consult with the
                                                                         8              Domestic Worker Wage and Standards Board and
                                                                         9              shall provide that Board with the opportunity to
                                                                       10               make formal written comments on ASPE’s final pro-
                                                                       11               posed increased FMAP before the report required
                                                                       12               under subsection (c) is submitted to Congress.
                                                                       13               (c) REPORT.—
                                                                       14                        (1) DEADLINE.—Not later than 1 year after
                                                                       15               the date of enactment of this Act, ASPE shall sub-
                                                                       16               mit a report to Congress that includes the following:
                                                                       17                                  (A) The proposed increased FMAP deter-
                                                                       18                        mined by ASPE.
                                                                       19                                  (B) An explanation of the benefits of using
                                                                       20                        the proposed increased FMAP calculation for—
                                                                       21                                         (i) the personal care aide or assistant
                                                                       22                                  workforce; and
                                                                       23                                         (ii) elderly individuals and individuals




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  with disabilities who are provided medical
                                                                       25                                  assistance described in section 1905(jj)(2)


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00163   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             164
                                                                         1                                 of the Social Security Act (42 U.S.C.
                                                                         2                                 1396d(jj)(2)) (as added by section 401) by
                                                                         3                                 a personal care aide or assistant, as well as
                                                                         4                                 to family caregivers.
                                                                         5                                 (C) The written comments, if any, sub-
                                                                         6                       mitted by the Domestic Worker Wage and
                                                                         7                       Standards Board to ASPE prior to the submis-
                                                                         8                       sion of the report.
                                                                         9                                 (D) Suggestions for how States and the
                                                                       10                        Federal Government can improve the process of
                                                                       11                        obtaining timely, uniform data under State
                                                                       12                        Medicaid programs regarding the personal care
                                                                       13                        aide or assistant workforce.
                                                                       14                                  (E) Methods of ensuring parity in wages
                                                                       15                        and working conditions of domestic workers
                                                                       16                        covered under this bill and workers performing
                                                                       17                        substantially similar Medicaid funded occupa-
                                                                       18                        tions such as in congregate settings.
                                                                       19                        (2) OPTIONAL ADDENDUM.—Not later than 90
                                                                       20               days after the report required under paragraph (1)
                                                                       21               is submitted to Congress, the Domestic Worker
                                                                       22               Wage and Standards Board may submit an adden-
                                                                       23               dum to the report to Congress that contains the




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               Board’s views regarding the proposed increased
                                                                       25               FMAP and report submitted by ASPE.


                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00164   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             165
                                                                         1              (d) DEFINITIONS.—In this section:
                                                                         2                       (1) PERSONAL CARE AIDE OR ASSISTANT.—The
                                                                         3              term ‘‘personal care aide or assistant’’ has the
                                                                         4              meaning given that term in section 1905(jj)(4) of
                                                                         5              the Social Security Act (42 U.S.C. 1396d(jj)(4)).
                                                                         6                       (2) FMAP.—The term ‘‘FMAP’’ means the
                                                                         7              Federal medical assistance percentage, as defined in
                                                                         8              section 1905(b) of the Social Security Act (42
                                                                         9              U.S.C. 1396d(b)), as determined without regard to
                                                                       10               this section.
                                                                       11                        (3) STATE.—The term ‘‘State’’ has the mean-
                                                                       12               ing given that term in section 1101 of the Social Se-
                                                                       13               curity Act (42 U.S.C. 1301) for purposes of title
                                                                       14               XIX of that Act.
                                                                       15                        (4) STATE                MEDICAID              PROGRAM.—The              term
                                                                       16               ‘‘State Medicaid program’’ means, with respect to a
                                                                       17               State, the program for medical assistance carried
                                                                       18               out by a State under a State plan under title XIX
                                                                       19               of the Social Security Act (42 U.S.C. 1396 et seq.)
                                                                       20               and any waiver of that plan.
                                                                       21      SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

                                                                       22               There are authorized to be appropriated to carry out
                                                                       23 this Act, and the amendments made by this Act, such




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 sums as may be necessary.




                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00165   Fmt 6652   Sfmt 6201   E:\BILLS\H4826.IH   H4826
                                                                                                                             166
                                                                         1                      TITLE V—SEVERABILITY
                                                                         2     SEC. 501. SEVERABILITY.

                                                                         3              If any provision of this Act, or an amendment made
                                                                         4 by this Act, or the application of such provision or amend-
                                                                         5 ment to any person or circumstance, is held to be invalid,
                                                                         6 the remainder of this Act, or an amendment made by this
                                                                         7 Act, or the application of such provision or amendment
                                                                         8 to other persons or circumstances, shall not be affected.
                                                                                                                                  Æ




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 4826 IH

                                        VerDate Sep 11 2014   17:23 Aug 24, 2021   Jkt 019200   PO 00000   Frm 00166   Fmt 6652   Sfmt 6301   E:\BILLS\H4826.IH   H4826


File and source

File
BILLS_bills-117hr4826ih_bills-117hr4826ih.pdf
Size
486,299 bytes
SHA-256
cd65020a56db4722380883813250b93396b1e75db66921252528946c00f3e82c
Our copy
BILLS_bills-117hr4826ih_bills-117hr4826ih.pdf
Original
www.govinfo.gov
Back to top