[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4042 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4042

  To protect agricultural workers from the impacts of the coronavirus 
                   pandemic, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2020

Mr. Merkley (for himself, Mr. Blumenthal, Mr. Sanders, Ms. Harris, Ms. 
 Warren, and Mr. Leahy) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To protect agricultural workers from the impacts of the coronavirus 
                   pandemic, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frontline At-Risk Manual Laborers 
Protection Act'' or the ``FARM Laborers Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agricultural work.--The term ``agricultural work'' 
        means food production work involving the physical interaction 
        with food products, including--
                    (A) all agricultural work, farming, fishing, 
                forestry, ranching, processing, canning, slaughtering, 
                packaging, baking, butchering, and other food 
                production work, such as any service or activity 
                included within the provisions of section 3(f) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or 
                section 3121(g) of the Internal Revenue Code of 1986; 
                and
                    (B) the handling, planting, drying, packing, 
                packaging, processing, freezing, or grading prior to 
                delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state.
            (2) Agricultural worker.--The term ``agricultural worker'' 
        means an individual--
                    (A) regardless of citizenship or immigration 
                status;
                    (B) who is--
                            (i) an employee of a covered agricultural 
                        producer; or
                            (ii) an individual performing any service 
                        or labor for remuneration for a covered 
                        agricultural producer, without regard as to 
                        whether the individual is classified as an 
                        independent contractor by the covered 
                        agricultural producer; and
                    (C) whose work and duties include agricultural 
                work.
            (3) Coronavirus.--The term ``coronavirus'' means the novel 
        coronavirus disease 2019 (COVID-19).
            (4) Covered agricultural producer.--The term ``covered 
        agricultural producer'' means an employer engaged in commerce, 
        including any agricultural employer as defined in section 3 of 
        the Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), that receives any Federal agriculture-specific 
        coronavirus funding.
            (5) Covered contractor.--The term ``covered contractor'' 
        means a person who--
                    (A) has entered into an agreement with a covered 
                agricultural producer--
                            (i) to provide agricultural workers to 
                        perform work for the covered agricultural 
                        producer; or
                            (ii) to pay the agricultural workers of a 
                        covered agricultural producer; and
                    (B) has accepted grant funds under section 202 from 
                the covered agricultural producer.
            (6) Covered period.--The term ``covered period'', when used 
        with respect to a covered agricultural producer, means the 
        period--
                    (A) beginning on the first date after the date of 
                enactment of this Act that the covered agricultural 
                producer is approved for Federal agriculture-specific 
                coronavirus funding; and
                    (B) ending on the date that is 90 days after the 
                date of the expiration of the public health emergency 
                declared by the Secretary of Health and Human Services 
                under section 319 of the Public Health Service Act (42 
                U.S.C. 247d) on January 31, 2020, with respect to the 
                coronavirus.
            (7) Employ.--The term ``employ'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203) and section 3 of the Migrant and Seasonal 
        Agricultural Worker Protection Act (29 U.S.C. 1802).
            (8) Employee.--The term ``employee'' includes--
                    (A) an employee, as defined in section 3 of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203); and
                    (B) an employee, as such term is used for purposes 
                of the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.).
            (9) Employer.--The term ``employer'' includes--
                    (A) an employer, as defined in section 3 of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203); and
                    (B) an employer, as such term is used for purposes 
                of the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.).
            (10) Federal agriculture-specific coronavirus funding.--The 
        term ``Federal agriculture-specific coronavirus funding'' means 
        Federal funding that is provided--
                    (A) during the period beginning on the date of 
                enactment of this Act and ending on the date described 
                in paragraph (6)(B); and
                    (B) to the covered agricultural producer for 
                purposes--
                            (i) of addressing, responding to, or 
                        mitigating the spread of the coronavirus in 
                        agriculture; or
                            (ii) related to the effects of coronavirus 
                        on agriculture production or sales.
            (11) Highly compensated.--The term ``highly compensated'', 
        when used with respect to an agricultural worker, means an 
        agricultural worker who is paid $100,000 or more per year by a 
        covered agricultural producer.
            (12) Person.--The term ``person'' includes--
                    (A) a person as defined in section 3 of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 203); and
                    (B) a person as defined in section 3 of the Migrant 
                and Seasonal Agricultural Worker Protection Act (29 
                U.S.C. 1802).

SEC. 3. GENERAL PROVISIONS.

    (a) Rule of Construction.--Nothing in this Act shall be construed 
to in any way diminish the rights or benefits that an employee is 
entitled to under any--
            (1) other Federal, State, or local law;
            (2) collective bargaining agreement; or
            (3) existing employer policy to provide greater rights or 
        benefits, including more emergency paid sick leave or other 
        leave, to an employee than is otherwise required under this 
        title.
    (b) Clarification.--Nothing in this Act is intended to limit any 
other Federal, State, or local authority to promulgate, enforce, or 
maintain laws or rules regarding protections, rights, or benefits 
related to the coronavirus.

                  TITLE I--DIRECT FUNDING REQUIREMENTS

SEC. 101. SICK LEAVE.

    (a) In General.--A covered agricultural producer shall, during the 
covered period, provide all agricultural workers of the covered 
agricultural producer with emergency paid sick leave, in the same 
manner as emergency paid sick leave is provided under division E of the 
Families First Coronavirus Response Act (29 U.S.C. 2601 note), without 
regard to the number of employees employed by the covered agricultural 
producer.
    (b) Tax Credits.--For purposes of section 7001(c) of the Families 
First Coronavirus Response Act (26 U.S.C. 3111 note), paid sick leave 
required to be provided under subsection (a) by covered agricultural 
producers employing 500 or less employees shall be treated as required 
to be paid by reason of the Emergency Paid Sick Leave Act.

SEC. 102. PREMIUM PAY.

    (a) Pandemic Premium Pay.--
            (1) In general.--A covered agricultural producer or a 
        covered contractor shall, in accordance with this section, 
        provide each agricultural worker of the covered agricultural 
        producer with premium pay at a rate equal to $13 for each hour 
        of work performed by the agricultural worker for the covered 
        agricultural producer during the period described in subsection 
        (f).
            (2) Maximum amounts.--The total amount of all premium pay 
        under this subsection that a covered agricultural producer or 
        covered contractor is required to provide to an agricultural 
        worker shall not exceed--
                    (A) for an agricultural worker who is not highly 
                compensated, $10,000 reduced by employer payroll taxes 
                with respect to such premium pay; or
                    (B) for an agricultural worker who is highly 
                compensated, $5,000 reduced by employer payroll taxes 
                with respect to such premium pay.
            (3) No employer discretion.--A covered agricultural 
        producer or covered contractor shall not have any discretion to 
        determine which portions of work performed by an agricultural 
        worker qualify for premium pay under this subsection, but shall 
        pay such premium pay for any increment of time worked by the 
        agricultural worker up to the maximum amount applicable to the 
        agricultural worker under paragraph (2).
            (4) Timing.--
                    (A) In general.--A covered agricultural producer or 
                covered contractor shall commence payment of the 
                premium pay required under this subsection as quickly 
                as practicable, but not later than the earlier of--
                            (i) the date that is 30 days after the 
                        receipt of grant funds under section 202 by the 
                        covered agricultural producer or covered 
                        contractor, respectively; or
                            (ii) the date that is 90 days after the 
                        first day of the emergency period applicable to 
                        the covered agricultural producer.
                    (B) Past payments.--A covered agricultural producer 
                or covered contractor shall include, in the first 
                payment of premium pay made under this subsection to an 
                agricultural worker, all premium pay due to the 
                agricultural worker for work occurring before the date 
                of payment and during the emergency period applicable 
                to the covered agricultural producer.
    (b) Prohibition on Reducing Compensation and Displacement.--
            (1) In general.--Any payments made to an agricultural 
        worker as premium pay under subsection (a) shall be in addition 
        to all other compensation, including all wages, remuneration, 
        or other pay and benefits, that the agricultural worker 
        otherwise receives from the covered agricultural producer or 
        covered contractor.
            (2) Reduction of compensation.--A covered agricultural 
        producer or covered contractor shall not, during the period 
        described in subsection (f), reduce or in any other way 
        diminish, any other compensation, including the wages, 
        remuneration, or other pay or benefits, that the covered 
        agricultural producer or covered contractor provided to the 
        agricultural worker on the day before the date of enactment of 
        this Act.
            (3) Displacement.--A covered agricultural producer or 
        covered contractor shall not take any action to displace an 
        agricultural worker (including partial displacement such as a 
        reduction in hours, wages, or employment benefits) for purposes 
        of hiring an individual for an equivalent position at a rate of 
        compensation that is less than is required to be provided to an 
        agricultural worker under paragraph (2).
    (c) Demarcation From Other Compensation.--The amount of any premium 
pay paid under subsection (a) shall be clearly demarcated as a separate 
line item in each paystub or other document provided to an agricultural 
worker that details the remuneration the agricultural worker received 
from the covered agricultural producer or covered contractor for a 
particular period of time. If any agricultural worker does not 
otherwise regularly receive any such paystub or other document, the 
covered agricultural producer or the covered contractor shall provide 
such paystub or other document to the agricultural worker for the 
duration of the premium pay period.
    (d) Exclusion From Wage-Based Calculations.--Any premium pay under 
subsection (a) paid to an agricultural worker under this section by a 
covered agricultural producer or covered contractor shall be excluded 
from the amount of remuneration for work paid to the agricultural 
worker for purposes of--
            (1) calculating the agricultural worker's eligibility for 
        any wage-based benefits offered by the covered agricultural 
        producer or covered contractor;
            (2) computing the regular rate at which such agricultural 
        worker is employed under section 7 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 207); and
            (3) determining whether such agricultural worker is exempt 
        from application of such section 7 under section 13(a)(1) of 
        such Act (29 U.S.C. 213(a)(1)).
    (e) Agricultural Worker Death.--
            (1) In general.--In any case in which an agricultural 
        worker of a covered agricultural producer exhibits symptoms of 
        the coronavirus and dies as a result of the coronavirus during 
        the period described in subsection (f), the covered 
        agricultural producer or covered contractor shall pay as a lump 
        sum to the next of kin of the agricultural worker for premium 
        pay under subsection (a)--
                    (A) for an agricultural worker who is not highly 
                compensated, the amount determined under subsection 
                (a)(2)(A) minus the total amount of any premium pay the 
                worker received under subsection (a) prior to the 
                death; or
                    (B) for an agricultural worker who is highly 
                compensated, the amount determined under subsection 
                (a)(2)(B) minus the amount of any premium pay the 
                worker received under subsection (a) prior to the 
                death.
            (2) Treatment of lump sum payments.--
                    (A) Treatment as premium pay.--For purposes of this 
                title, any payment made under this subsection shall be 
                treated as premium pay under subsection (a).
                    (B) Treatment for purposes of internal revenue code 
                of 1986.--For purposes of the Internal Revenue Code of 
                1986, any payment made under this subsection shall be 
                treated as a payment for work performed by the 
                agricultural worker.
    (f) Emergency Period.--The emergency period described in this 
subsection shall be, for each covered agricultural producer or covered 
contractor of a covered agricultural producer, the period--
            (1) beginning on the first date that the covered 
        agricultural producer is approved to receive Federal 
        agriculture-specific coronavirus funding; and
            (2) ending on the earlier of--
                    (A) the date that is 60 days after the date of the 
                expiration of the public health emergency declared by 
                the Secretary of Health and Human Services under 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d) on January 31, 2020, with respect to the 
                coronavirus; or
                    (B) the date on which--
                            (i) all grant funds available to the 
                        Secretary of Agriculture for grants under 
                        section 202 have been obligated; and
                            (ii) in the case of a covered producer who 
                        has received a grant under section 202 or a 
                        covered contractor, the covered producer or 
                        covered contractor (as the case may be) has 
                        expended all funds provided under the grant for 
                        the purposes described in section 202(a).

SEC. 103. JOB SECURITY FOR AGRICULTURAL WORKERS.

    (a) In General.--Each covered agricultural producer shall limit the 
involuntary furloughing or termination of employment or contracts of 
agricultural workers during the covered period, in accordance with the 
regulations promulgated by the Secretary of Labor.
    (b) Regulations.--By not later than 30 days after the date of 
enactment of this Act, the Secretary of Labor shall promulgate 
regulations to carry out subsection (a) to ensure that willing 
agricultural workers are able to continue working during the covered 
period, taking into account the protection of the health, safety, and 
economic security of agricultural workers.

SEC. 104. CORONAVIRUS GUIDELINES OF THE CENTERS FOR DISEASE CONTROL AND 
              PREVENTION.

    (a) In General.--To safeguard the food security of the United 
States and prevent the spread of the coronavirus in agriculture, each 
covered agricultural producer shall make a substantial and demonstrable 
effort to document and implement the guidelines described in subsection 
(b) during the covered period.
    (b) Guidelines.--The guidelines described in this subsection--
            (1) are the most recent guidelines or recommendations 
        developed by the Centers for Disease Control and Prevention 
        relating to agricultural workers and employment and 
        agricultural producers, including guidelines related to 
        sanitation in work sites, housing, and transportation provided 
        to agricultural workers; and
            (2) include, at the minimum, the following:
                    (A) The immediate shutdown, deep cleaning, and 
                disinfecting of all areas where a symptomatic employee 
                was present.
                    (B) Immediate notice of possible exposure to 
                employees who worked in close proximity of someone who 
                has tested positive for the coronavirus.
                    (C) Informing employees of their rights to secure 
                compensation during any resulting quarantine period, 
                including--
                            (i) emergency paid sick leave under section 
                        101 of this title or under division E of the 
                        Families First Coronavirus Response Act (29 
                        U.S.C. 2601 note), as applicable; and
                            (ii) for covered agricultural producers who 
                        are employers covered by the Family and Medical 
                        Leave Act of 1993 (29 U.S.C. 2601), emergency 
                        paid family leave described in section 
                        102(a)(1)(F) of such Act (29 U.S.C. 
                        2612(a)(1)(F)).
                    (D) Such steps as are necessary to ensure that--
                            (i) ill employees stay home or remain 
                        isolated in housing;
                            (ii) employees leave the worksite if 
                        feeling or appearing ill with coronavirus-
                        related symptoms; and
                            (iii) employees are provided with 
                        transportation to leave the worksite, as 
                        needed.
                    (E) The immediate informing of the relevant State 
                or local health department of any employees testing 
                positive for the coronavirus or sent to quarantine for 
                possible exposure to the coronavirus, which report 
                shall include the covered agricultural producer's name, 
                the exact field location, and the names, addresses, and 
                telephone numbers of impacted employees.
                    (F) At the beginning of each work day--
                            (i) a review of the symptom checklist with 
                        the agricultural workers concerning themselves 
                        and their households; and
                            (ii) a temperature check of all the 
                        employees of the covered agricultural 
                        producers, with respect to which--
                                    (I) all thermometers shall be 
                                properly sanitized between each use and 
                                each day; and
                                    (II) any worker with a temperature 
                                of 100.4 degrees Fahrenheit or higher 
                                shall be considered to have a fever.
                    (G) Continual monitoring for and review of guidance 
                issued by the Centers for Disease Control and 
                Prevention regarding the coronavirus.
                    (H) Providing a copy of the guidelines required 
                under this section to all employees of the covered 
                agricultural producer in the language or languages the 
                employees understand.

SEC. 105. ENFORCEMENT.

    (a) Prohibited Acts, Penalties, and Enforcement.--
            (1) Prohibited acts.--It shall be unlawful for a person 
        to--
                    (A) violate any provision of this title applicable 
                to such person; or
                    (B) discharge or in any other manner discriminate 
                against any agricultural worker because such 
                agricultural worker has filed any complaint or 
                instituted or caused to be instituted any proceeding 
                under or related to this title, or has testified or is 
                about to testify in any such proceeding.
            (2) Enforcement and penalties.--
                    (A) Duties of secretary of labor.--The Secretary of 
                Labor shall have authority to enforce the requirements 
                of this title, as provided in this section.
                    (B) Unpaid sick leave.--A violation of section 101 
                shall be deemed a failure to pay minimum wages in 
                violation of section 6 of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206) and be subject to enforcement 
                and the penalties described in sections 16 and 17 of 
                such Act (29 U.S.C. 216, 217) with respect to such 
                violation, subject to subparagraph (F).
                    (C) Premium pay violations.--A violation of section 
                102 shall be deemed a violation of section 7 of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 207) and 
                unpaid amounts required under this section shall be 
                treated as unpaid overtime compensation under such 
                section 7 and subject to enforcement and the penalties 
                described in sections 16 and 17 of such Act (29 U.S.C. 
                216, 217) for such a violation, subject to subparagraph 
                (F).
                    (D) Job security and coronavirus guideline 
                violations.--A violation of section 103 or 104 shall be 
                treated as a violation of section 6 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 206) and subject to 
                enforcement and the penalties described in section 16 
                and 17 of such Act (29 U.S.C. 216, 217) for such a 
                violation--
                            (i) except that the remedies available for 
                        an agricultural worker shall be the relief 
                        available under subsection (c)(2)(B); and
                            (ii) subject to subparagraph (F).
                    (E) Discharge or discrimination.--A violation of 
                paragraph (1)(B) shall be deemed a violation of section 
                15(a)(3) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 215(a)(3)), and subject to enforcement and the 
                penalties described in sections 16 and 17 of such Act 
                (29 U.S.C. 216, 217) for such a violation, subject to 
                subparagraph (F).
                    (F) No criminal penalties.--A violation of this Act 
                shall not be subject to any criminal penalty.
    (b) Investigation and Administrative Action.--
            (1) In general.--To ensure compliance with the provisions 
        of this title, including any regulation or order issued under 
        this title, the Secretary of Labor shall have the authority to 
        receive, investigate, and attempt to resolve complaints in the 
        same manner as the Secretary receives, investigates, and 
        attempts to resolve complaints of violations under section 7 of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 209), including 
        the investigative authority provided under section 11(a), and 
        the subpoena authority under section 9, of such Act (29 U.S.C. 
        211(a), 209).
            (2) State agencies.--The Secretary of Labor may, for the 
        purpose of carrying out the functions and duties under this 
        section, utilize the services of State and local agencies in 
        accordance with section 11(b) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 211(b)).
    (c) Agricultural Worker Enforcement.--
            (1) Right of action.--An action alleging a violation of 
        this title may be maintained against a person in any Federal or 
        State court of competent jurisdiction by one or more 
        agricultural workers or their representative for and on behalf 
        of the agricultural workers, or the agricultural workers and 
        others similarly situated, in the same manner as an action 
        brought by an employee under section 16(b) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 216(b)).
            (2) Liability.--Damages available under paragraph (1) shall 
        include--
                    (A) in the case of a violation of section 101 or 
                102, the damages and remedies available for a violation 
                of section 6 or 7 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206, 207);
                    (B) in the case of a violation of section 103 or 
                104, an amount not to exceed the actual damages, 
                statutory damages of not more than $500 per plaintiff 
                per violation, or other equitable relief (including 
                reinstatement), except--
                            (i) multiple infractions of a single 
                        provision of section 103 or 104, or regulations 
                        promulgated under either such section, shall 
                        constitute only one violation for purposes of 
                        determining the amount of statutory damages due 
                        a plaintiff; and
                            (ii) in any class action, the amount of 
                        damages shall not exceed the lesser of--
                                    (I) the amount equal to $500 per 
                                plaintiff per violation; and
                                    (II) $500,000; and
                    (C) in the case of a violation of subsection 
                (a)(1)(B), the damages and remedies available for a 
                violation of section 15(a)(3) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 215(a)(3)).
                    (D) Court costs and attorney's fees.--In any action 
                commenced under this subsection, if the plaintiff is a 
                prevailing party, the court shall, in addition to any 
                judgment awarded to a plaintiff, allow a reasonable 
                attorney's fee to be paid by the defendant, and costs 
                of the action.
            (3) No waiver.--In an action alleging a violation of 
        subparagraph (A) or (B) of subsection (a)(1) brought by one or 
        more agricultural workers or their representative for and on 
        behalf of the persons as described in paragraph (1), no court 
        of competent jurisdiction may grant the motion of the 
        respondent to compel arbitration, under chapter 1 of title 9, 
        United States Code, or any analogous State arbitration statute, 
        of the claims involved. An agricultural worker's right to bring 
        an action under this subsection on behalf of similarly situated 
        agricultural workers to enforce such rights may not be subject 
        to any private agreement that purports to require the 
        agricultural workers to pursue claims on an individual basis.
    (d) Recordkeeping.--A covered agricultural producer or a covered 
contractor shall make, keep, and preserve records pertaining to 
compliance with any applicable provisions of this title in accordance 
with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations prescribed by the Secretary 
of Labor.

SEC. 106. EFFECTIVE DATE; TERMINATION.

    The requirements of this title shall--
            (1) take effect beginning on the date of enactment of this 
        Act; and
            (2) cease to have force and effect on the date that is 90 
        days after the date of the expiration of the public health 
        emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d) on January 31, 2020, with respect to the 
        coronavirus.

                TITLE II--AGRICULTURAL WORKER ASSISTANCE

SEC. 201. GRANTS FOR AGRICULTURAL PRODUCERS TO IMPLEMENT CDC 
              RECOMMENDATIONS.

    (a) Definitions.--In this section:
            (1) Eligible agricultural producer.--The term ``eligible 
        agricultural producer'' means an agricultural producer with not 
        more than 50 employees.
            (2) Qualifying equipment.--The term ``qualifying 
        equipment'' means--
                    (A) a handwashing station;
                    (B) a portable restroom; and
                    (C) personal protective equipment.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Grants.--The Secretary shall provide grants to eligible 
agricultural producers for the purchase of qualifying equipment.
    (c) Amount.--The amount of a grant under subsection (b) shall be 
the product obtained by multiplying--
            (1) $500; and
            (2) the number of employees of the eligible agricultural 
        producer.
    (d) Proof of Purchase; Return of Funds.--Not later than 60 days 
after the date on which an eligible agricultural producer receives a 
grant under this section, the eligible agricultural producer shall--
            (1) submit to the Secretary proof of purchase of qualifying 
        equipment; and
            (2) return to the Secretary the amount of the grant funds, 
        if any, that was not used by the eligible agricultural producer 
        to purchase qualifying equipment, as described in the proof of 
        purchase submitted under paragraph (1).
    (e) Conditions.--An eligible agricultural producer shall use a 
grant under this section--
            (1) to purchase qualifying equipment as necessary to meet 
        guidelines for sanitation issued by the Centers for Disease 
        Control and Prevention; and
            (2) to purchase--
                    (A) not more than 1 hand washing station and 1 
                portable restroom per 10 employees of the eligible 
                agricultural producer, unless the guidelines described 
                in paragraph (1) require a greater number of qualifying 
                equipment; and
                    (B) such personal protective equipment as the 
                eligible agricultural producer determines to be 
                necessary to meet the guidelines described in paragraph 
                (1).

SEC. 202. PREMIUM PAY GRANTS.

    (a) Grants.--
            (1) For pandemic premium pay.--The Secretary of Agriculture 
        shall, from amounts made available under subsection (g), award 
        a grant to each covered agricultural producer that applies for 
        a grant, in accordance with this section, for the purpose of 
        providing premium pay to agricultural workers under section 
        102, including amounts paid under section 102(e).
            (2) Eligibility.--Any covered agricultural producer, 
        including a covered agricultural producer subject to a civil 
        penalty under section 105, shall be eligible for a grant under 
        paragraph (1).
    (b) Amount of Grants.--
            (1) In general.--The maximum amount available for making a 
        grant under subsection (a)(1) to a covered agricultural 
        producer shall be equal to the sum of--
                    (A) the amount obtained by multiplying $10,000 by 
                the number of agricultural workers the producer 
                certifies, in the application submitted under 
                subsection (c)(1), as employing, or providing 
                remuneration to for services or labor, who are paid 
                wages or remuneration by the producer at a rate that is 
                less than $100,000 per year; and
                    (B) the amount obtained by multiplying $5,000 by 
                the number of highly compensated agricultural workers 
                the producer certifies, in the application submitted 
                under subsection (c)(1), as employing, or providing 
                remuneration to for services or labor, who are paid 
                wages or remuneration by the producer at a rate that is 
                equal to or greater than $100,000 per year.
            (2) No partial grants.--The Secretary of Agriculture shall 
        not award a grant under this section in an amount less than the 
        maximum described in paragraph (1).
    (c) Grant Application and Disbursal.--
            (1) Application.--Any covered agricultural producer seeking 
        a grant under subsection (a)(1) shall submit an application to 
        the Secretary of Agriculture at such time, in such manner, and 
        complete with such information as the Secretary may require.
            (2) Notice and certification.--
                    (A) In general.--The Secretary of Agriculture 
                shall, within 15 days after receiving a complete 
                application from a covered agricultural producer 
                eligible for a grant under this section--
                            (i) notify the producer of the Secretary's 
                        findings with respect to the requirements for 
                        the grant; and
                            (ii)(I) if the Secretary finds that the 
                        covered agricultural producer meets the 
                        requirements under this section for a grant 
                        under subsection (a), provide a certification 
                        to the producer--
                                    (aa) that the producer has met such 
                                requirements; and
                                    (bb) of the amount of the grant 
                                payment that the Secretary has 
                                determined the producer shall receive 
                                based on the requirements under this 
                                section; or
                            (II) if the Secretary finds that the 
                        covered agricultural producer does not meet the 
                        requirements under this section for a grant 
                        under subsection (a), provide a notice of 
                        denial stating the reasons for the denial and 
                        provide an opportunity for administrative 
                        review by not later than 10 days after the 
                        denial.
                    (B) Transfer.--Not later than 7 days after making a 
                certification under subparagraph (A)(ii) with respect 
                to a covered agricultural producer, the Secretary of 
                Agriculture shall make the appropriate transfer to the 
                producer of the amount of the grant.
    (d) Use of Funds.--
            (1) In general.--A covered agricultural producer receiving 
        a grant under this section shall use the amount of the grant 
        solely for the following purposes:
                    (A) Providing premium pay under section 102(a) to 
                agricultural workers in accordance with the 
                requirements for such payments under such section, 
                including providing payments described in section 
                102(e) to the next of kin of agricultural workers in 
                accordance with the requirements for such payments 
                under such section.
                    (B) Paying employer payroll taxes with respect to 
                premium pay amounts described in subparagraph (A), 
                including such payments described in section 102(e).
        Each dollar of a grant received by a covered agricultural 
        producer under this section shall be used as provided in 
        subparagraph (A) or (B) or returned to the Secretary of 
        Agriculture.
            (2) No other uses authorized.--A covered agricultural 
        producer who uses any amount of a grant for a purpose not 
        required under paragraph (1) shall be considered to have 
        misused funds in violation of section 102.
            (3) Use of covered contractors.--
                    (A) In general.--In any case where a covered 
                agricultural producer receiving a grant under this 
                section has, or enters into, an agreement with another 
                entity regarding providing or paying agricultural 
                workers for the covered agricultural producer--
                            (i) the covered agricultural producer 
                        shall--
                                    (I) not later than 3 days after 
                                receipt of the grant funds under this 
                                section, notify, in writing, the 
                                contracting entity about the 
                                requirement under section 102 to 
                                provide premium pay to agricultural 
                                workers;
                                    (II) not later than 14 days after 
                                receipt of the grant funds under this 
                                section, transfer the amounts needed to 
                                provide premium pay under section 
                                102(a), including providing payments 
                                described in section 102(e), to the 
                                contracting entity for disbursement to 
                                the agricultural workers; and
                                    (III) remain responsible for the 
                                use of the funds in accordance with 
                                paragraph (1) and section 102; and
                            (ii) the contracting entity shall--
                                    (I) as a condition of receipt of 
                                such amounts, agree, in writing, to 
                                comply with the requirements of section 
                                102, with respect to the agricultural 
                                workers of the covered agricultural 
                                producer; and
                                    (II) maintain, and report to the 
                                covered agricultural producer and the 
                                Secretary of Labor, payroll documents 
                                recording the payment of premium pay to 
                                the agricultural workers.
                    (B) Effect of transfer of funds.--By accepting 
                grant funds under subparagraph (A) from a covered 
                agricultural producer--
                            (i) the covered contractor agrees to 
                        provide premium pay, in accordance with 
                        paragraph (1) and as required under section 
                        102, to the agricultural workers of the covered 
                        agricultural producer and to comply with the 
                        requirements of section 105(a)(1)(B) with 
                        respect to such agricultural workers; and
                            (ii) the covered contractor shall be 
                        subject to the enforcement provisions under 
                        section 105 for violating section 102 or 
                        section 105(a)(1)(B) with respect to such 
                        agricultural workers.
            (4) Refund.--
                    (A) In general.--If a covered agricultural producer 
                receives a grant under this section and, for any 
                reason, does not provide every dollar of such grant to 
                agricultural workers in accordance with the 
                requirements of this Act, then the producer shall 
                refund any such dollars to the Secretary of Agriculture 
                not later than June 30, 2021. Any amounts returned to 
                the Secretary shall remain available to the Secretary 
                for additional grants under this section.
                    (B) Requirement for not reducing compensation.--A 
                covered agricultural producer who is required to refund 
                any amount under this paragraph shall not reduce or 
                otherwise diminish an eligible worker's compensation or 
                benefits in response to or otherwise due to such 
                refund. 
    (e) Recoupment.--In addition to all other enforcement and remedies 
available under this Act or any other law, the Secretary of Agriculture 
shall establish a process under which the Secretary shall recoup the 
amount of any grant awarded under subsection (a)(1) if the Secretary 
determines that the covered agricultural producer receiving the grant--
            (1) did not provide all of the dollars of such grant to the 
        agricultural workers of the producer or, in the case of 
        payments made under section 102(e), the next of kin of such 
        workers;
            (2) did not, in fact, have the number of agricultural 
        workers certified by the producer in accordance with 
        subparagraphs (A) and (B) of subsection (b)(1);
            (3) did not pay the agricultural workers for the number of 
        hours the producer claimed to have paid; or
            (4) otherwise misused funds or violated this section.
    (f) Tax Treatment.--
            (1) Exclusion from income.--For purposes of the Internal 
        Revenue Code of 1986, any grant received by a covered 
        agricultural producer under this section shall not be included 
        in the gross income of such covered agricultural producer.
            (2) Denial of double benefit.--
                    (A) In general.--In the case of a covered 
                agricultural producer that receives a grant under this 
                section--
                            (i) amounts paid under subsection (a) or 
                        (e) of section 102 shall not be taken into 
                        account as wages for purposes of sections 41, 
                        45A, 51, or 1396 of the Internal Revenue Code 
                        of 1986 or section 2301 of the CARES Act 
                        (Public Law 116-136); and
                            (ii) any deduction otherwise allowable 
                        under such Code for applicable payments during 
                        any taxable year shall be reduced (but not 
                        below zero) by the excess (if any) of--
                                    (I) the aggregate amounts of grants 
                                received under this section; over
                                    (II) the sum of any amount refunded 
                                under subsection (d) plus the aggregate 
                                amount of applicable payments made for 
                                all preceding taxable years.
                    (B) Applicable payments.--For purposes of this 
                paragraph, the term ``applicable payments'' means 
                amounts paid as premium pay under subsection (a) or (e) 
                of section 102 and amounts paid for employer payroll 
                taxes with respect to such amounts.
                    (C) Aggregation rule.--Rules similar to the rules 
                of subsections (a) and (b) of section 52 of the 
                Internal Revenue Code of 1986 shall apply for purposes 
                of this section.
            (3) Information reporting.--The Secretary of Agriculture 
        shall submit to the Commissioner of Internal Revenue statements 
        containing--
                    (A) the name and tax identification number of each 
                covered agricultural producer receiving a grant under 
                this section;
                    (B) the amount of such grant; and
                    (C) any amounts refunded under subsection (d)(4).
    (g) Authorization and Appropriations.--There are authorized to be 
appropriated, and there are appropriated, out of any amounts in the 
Treasury not appropriated, such sums as are necessary for the Secretary 
of Agriculture to award grants under this section to all eligible 
agricultural producers that submit a complete application under 
subsection (c).
    (h) Emergency Designation.--
            (1) In general.--The amounts provided by this section are 
        designated as an emergency requirement pursuant to section 4(g) 
        of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
            (2) Designation in senate.--In the Senate, this section is 
        designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.
                                 <all>