[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2569 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2569

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

 Mrs. Gillibrand (for herself, Mr. Lujan, Mr. Blumenthal, Mr. Padilla, 
 Mr. Sanders, Mr. Markey, Ms. Klobuchar, Ms. Warren, Mr. Merkley, Mr. 
  Booker, Ms. Baldwin, and Mr. Durbin) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To enhance the rights of domestic workers, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic Workers 
Bill of Rights Act''.
    (b) Table of Contents.--The table of contents for 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 of communication.
Sec. 117. Prohibited acts.
Sec. 118. Enforcement authority.
Sec. 119. Effect on existing employment benefits and other laws.
             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 
                            Enforcement.
Sec. 304. National grant for community-based education, outreach, and 
                            enforcement 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 
                            services.
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.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are an estimated 2,200,000 domestic workers 
        across the United States working in private homes to provide 
        home and personal care, child care, and house-cleaning 
        services.
            (2) Domestic work is a job-enabling job that makes all 
        other work possible. It is labor that cannot be outsourced to 
        individuals abroad, nor is it close to being automated. Without 
        the millions of domestic workers caring for children, seniors, 
        and people with disabilities, and cleaning homes, much of the 
        economy would come to a standstill.
            (3) During the COVID-19 pandemic, domestic work and other 
        low-wage service jobs, disproportionately held by women, women 
        of color, and immigrants, have been deemed essential. This 
        crisis has shown how essential these jobs have always been to 
        our economy. At great risk to the health of themselves and 
        their families, domestic workers have worked on the frontlines 
        of the pandemic to provide care to those more vulnerable to 
        COVID-19, seniors, and individuals with disabilities, and have 
        provided child care for the children of essential workers. A 
        study of Black immigrant domestic workers conducted by the 
        Institute for Policy Studies and the National Domestic Workers 
        Alliance in May and June of 2020 found that 25 percent of 
        workers surveyed experienced or lived with someone who has 
        experienced COVID-19 symptoms. 73 percent of such workers 
        surveyed indicated that they did not received personal 
        protective equipment (``PPE'') from their employers.
            (4) Domestic workers experienced a rapid and sustained loss 
        of jobs during the COVID-19 pandemic, which exacerbated the 
        existing financial insecurity experienced by many domestic 
        workers. Surveys from the National Domestic Workers Alliance 
        and NDWA Labs between March and September 2020 found that for 6 
        consecutive months more than half of domestic workers surveyed 
        were unable to pay their rent or mortgage. Nearly \3/4\ of 
        workers surveyed did not receive any compensation when their 
        jobs were canceled.
            (5) The employment of individuals in domestic service in 
        households affects commerce, as described in section 2(a) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)).
            (6) Domestic workers are hired or contacted for work by 
        phone, mail, or internet, or through newspaper ads, and travel 
        to work through transportation on interstate highways, 
        interstate transit, or vehicles in interstate commerce.
            (7) In 2019, the Bureau of Labor Statistics predicted that 
        between 2019 and 2029--
                    (A) the number of new jobs for home health and 
                personal care aides will increase by 34 percent, which 
                is an increase of 1,159,500 jobs and the largest 
                increase in new jobs of any occupational category 
                during such period; and
                    (B) the number of new jobs for child care and house 
                cleaning positions will increase by 6 to 7 percent.
            (8) The COVID-19 pandemic has increased the demand for in-
        home child care. According to the Center for Translational 
        Neuroscience, the percentage of parents reporting use of home-
        based child care has grown since the onset of the pandemic from 
        27 percent to 31 percent.
            (9) An increasing number of workers, including domestic 
        workers, are finding work on online platforms. An analysis from 
        the JPMorgan Chase Institute found that between 2013 and 2018, 
        the percentage of adults that had earned income from online 
        platforms increased from 0.3 percent to 1.5 percent.
            (10) 9 out of 10 domestic workers are women, and such women 
        are disproportionately people of color and immigrants. Women, 
        people of color, and immigrants have historically faced 
        barriers to employment and economic advancement. According to 
        the Economic Policy Institute, domestic workers also tend to be 
        older than other workers. 2 in 5 domestic workers are age 50 or 
        older, while just \1/3\ of all other workers are at least 50 
        years old.
            (11) Domestic workers are paid low wages, can be subjected 
        to workplace health and safety hazards, and face difficulties 
        saving for retirement. An Economic Policy Institute analysis of 
        data from the Current Population Survey indicates that the 
        average wage for a domestic worker is approximately $12 per 
        hour or $15,980 per year if working full-time. In practice, the 
        average wage for a domestic worker is less than such 
        approximation given that domestic work has largely been 
        negotiated in the informal labor market.
            (12) Low-wage workers, including domestic workers, 
        experience high rates of minimum wage and overtime violations, 
        violations of laws related to workers' compensation and other 
        workplace benefits, and illegal retaliation. A 2017 study from 
        the Economic Policy Institute found that 2,400,000 workers--17 
        percent of the low-wage workforce--experiences wage theft. A 
        2009 report from the National Employment Law Project found that 
        employment in private homes was one of the 3 industries with 
        the highest rates of employment and labor law violations.
            (13) A landmark study of domestic workers published in 2012 
        by the National Domestic Workers Alliance and the Center for 
        Urban Economic Development of the University of Illinois at 
        Chicago Data Center titled ``Home Economics: The Invisible and 
        Unregulated World of Domestic Work'' indicated poor working 
        conditions across the domestic workers industry. The findings 
        of such study included that--
                    (A) domestic workers have little control over their 
                working conditions, and employment is usually arranged 
                without a written contract;
                    (B) 35 percent of domestic workers interviewed 
                reported that they worked long hours without breaks in 
                the year immediately preceding the interview;
                    (C) 25 percent of live-in domestic workers had 
                responsibilities that prevented them from getting at 
                least 5 hours of uninterrupted sleep at night during 
                the week immediately preceding the interview; and
                    (D) 91 percent of domestic workers interviewed who 
                encountered problems with their working conditions in 
                the year immediately preceding the interview did not 
                complain about their working conditions because they 
                were afraid they would lose their job.
            (14) The study described in paragraph (13) found that 
        domestic workers have little access to federally supported 
        employment benefits. For instance--
                    (A) less than 2 percent of such workers receive 
                retirement or pension benefits, and less than 9 percent 
                of such workers work for employers that collect payroll 
                taxes on wages paid to such workers to provide 
                eligibility for Social Security benefits; and
                    (B) 65 percent of such workers do not have health 
                insurance, and only 4 percent of such workers receive 
                employer-provided insurance, despite the fact that 
                domestic work is hazardous and often results in illness 
                or physical injuries.
            (15) Compounding these challenges is the fact that many 
        domestic workers have been, and in many cases continue to be, 
        excluded from key provisions of labor and employment laws like 
        the Occupational Health and Safety Act of 1970 (29 U.S.C. 651 
        et seq.), and the National Labor Relations Act (29 U.S.C. 151 
        et seq.). Live-in domestic workers employed by private 
        households remain excluded from the overtime protections in the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). 
        Minimum employee threshold rules, misclassification of domestic 
        workers as independent contractors, and exclusion of 
        independent contractors from coverage mean that most domestic 
        workers are also de facto excluded from Federal civil rights 
        protections, including protections under title VII of the Civil 
        Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws.
            (16) The International Labour Organization's Domestic 
        Workers Convention, adopted in 2011, calls for domestic workers 
        to have the right to freedom of association and collective 
        actions, protections against harassment, privacy rights, and 
        the right to be informed of conditions of employment. This 
        Convention also calls for the right of domestic workers to keep 
        their travel documents, the right to overtime compensation and 
        rest breaks, the right to minimum wage coverage, the right to 
        occupational safety and health protections, and mechanisms to 
        pursue complaints and ensure compliance with the law.
            (17) The unique nature of their work, in private homes with 
        individuals and families, also often makes it difficult for 
        domestic workers to use Federal programs and policies to 
        improve their skills and training and to join together 
        collectively to negotiate better pay and working conditions.
            (18) Many domestic workers are also vulnerable to 
        discrimination and sexual harassment. These issues are further 
        exacerbated by the unique working conditions faced by domestic 
        workers, such as isolation, poverty, immigration status, the 
        lack of familiarity with the law and legal processes, limited 
        networks for support, language barriers, and fear of 
        retaliation and deportation.
            (19) Millions of older individuals, individuals with 
        disabilities, and families are increasingly relying on domestic 
        workers. By bringing domestic work out of the shadows and 
        creating incentives and investments that help raise wages and 
        standards for domestic workers, the Federal Government can lift 
        millions of the most vulnerable workers out of poverty, reduce 
        turnover due to poor working conditions, thereby enhancing 
        quality of care, and support the millions of working and 
        retired people of the United States who rely on them.

SEC. 3. DEFINITIONS.

    (a) Fair Labor Standards Act Definitions.--In this Act--
            (1) the terms ``commerce'', ``employ'', ``employee'', 
        ``employer'', ``enterprise'', ``enterprise engaged in commerce 
        or in the production of goods for commerce'', ``goods'', 
        ``person'', and ``State'' have the meanings given such terms in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203); and
            (2) the term ``regular rate'' has the meaning given such 
        term in section 7(e) of such Act (29 U.S.C. 207(e)).
    (b) Other Definitions.--In this Act:
            (1) Career pathway.--The term ``career pathway'' has the 
        meaning given such term in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
            (2) Child.--The term ``child''--
                    (A) means an individual who is under 18 years of 
                age; and
                    (B) includes an individual described in 
                subparagraph (A) who is--
                            (i) a biological, foster, or adopted child;
                            (ii) a stepchild;
                            (iii) a child of a domestic partner;
                            (iv) a legal ward; or
                            (v) a child of a person standing in loco 
                        parentis.
            (3) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (4) Domestic partner.--
                    (A) In general.--The term ``domestic partner'', 
                with respect to an individual, means another individual 
                with whom the individual is in a committed 
                relationship.
                    (B) Committed relationship defined.--The term 
                ``committed relationship'' for purposes of subparagraph 
                (A)--
                            (i) means a relationship between 2 
                        individuals, each at least 18 years of age, in 
                        which both individuals share responsibility for 
                        a significant measure of each other's common 
                        welfare; and
                            (ii) includes any such relationship between 
                        2 individuals, including individuals of the 
                        same sex, that is granted legal recognition by 
                        a State or political subdivision of a State as 
                        a marriage or analogous relationship, including 
                        a civil union or domestic partnership.
            (5) Domestic services.--The term ``domestic services''--
                    (A) means services--
                            (i) of a household nature;
                            (ii) provided in interstate commerce; and
                            (iii) performed by an individual in or 
                        about a private home (permanent or temporary); 
                        and
                    (B) includes services performed by individuals such 
                as companions, babysitters, cooks, waiters, butlers, 
                valets, maids, housekeepers, nannies, nurses, janitors, 
                laundresses, caretakers, handymen, gardeners, home 
                health aides, personal care aides or assistants, and 
                chauffeurs of automobiles for family use.
            (6) Domestic worker.--The term ``domestic worker''--
                    (A) means, except as provided in subparagraph (B), 
                an individual, including an employee, who is 
                compensated directly or indirectly for the performance 
                of domestic services; and
                    (B) does not include--
                            (i) an individual who is a family member, 
                        friend, neighbor, or parent of a child and who 
                        provides child care for the child in the 
                        child's home;
                            (ii) any individual who is--
                                    (I) an employee of a family child 
                                care provider; or
                                    (II) a family child care provider; 
                                and
                            (iii) any employee described in section 
                        13(a)(15) of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 213(a)(15)).
            (7) Domestic work hiring entity.--The term ``domestic work 
        hiring entity''--
                    (A) means any person who provides compensation 
                directly or indirectly to a domestic worker for the 
                performance of domestic services; and
                    (B) includes--
                            (i) a person acting directly or indirectly 
                        in the interest of a hiring entity in relation 
                        to a domestic worker; and
                            (ii) an employer of a domestic worker.
            (8) Family child care provider.--The term ``family child 
        care provider'' means 1 or more individuals who provide child 
        care services, in a private residence other than the residence 
        of the child receiving the services, for fewer than 24 hours 
        per day for the child (unless the nature of the work of the 
        parent of the child requires 24-hour care).
            (9) Medicaid hcbs-eligible elderly individual.--The term 
        ``Medicaid HCBS-eligible elderly individual'' means an 
        individual who--
                    (A) is 65 years of age or older;
                    (B) is eligible for and enrolled for medical 
                assistance for any of the following services (whether 
                provided on a fee-for-service, risk, or other basis) 
                under a State Medicaid program under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.) (including 
                any waiver or demonstration under such title or under 
                section 1115 of such Act (42 U.S.C. 1315) relating to 
                such title), and includes an individual who becomes 
                eligible for medical assistance under a State Medicaid 
                program when removed from a waiting list:
                            (i) Home health care services authorized 
                        under paragraph (7) of section 1905(a) of the 
                        Social Security Act (42 U.S.C. 1396d(a)).
                            (ii) Personal care services authorized 
                        under paragraph (24) of such section.
                            (iii) PACE services authorized under 
                        paragraph (26) of such section.
                            (iv) Home and community-based services 
                        authorized under subsections (b), (c), (i), 
                        (j), and (k) of section 1915 of such Act (42 
                        U.S.C. 1396n), such services authorized under a 
                        waiver under section 1115 of such Act (42 
                        U.S.C. 1315), and such services provided 
                        through coverage authorized under section 1937 
                        of such Act (42 U.S.C. 1396u-7).
                            (v) Case management services authorized 
                        under section 1905(a)(19) of the Social 
                        Security Act (42 U.S.C. 1396d(a)(19)) and 
                        section 1915(g) of such Act (42 U.S.C. 
                        1396n(g)).
                            (vi) Rehabilitative services, including 
                        those related to behavioral health, described 
                        in section 1905(a)(13) of such Act (42 U.S.C. 
                        1396d(a)(13)).
                            (vii) Such other services specified by the 
                        Secretary of Health and Human Services.
            (10) Parent.--The term ``parent'', with respect to a parent 
        of a domestic worker, means a biological, foster, or adoptive 
        parent of a domestic worker, a stepparent of a domestic worker, 
        parent-in-law of a domestic worker, parent of a domestic 
        partner of a domestic worker, or a legal guardian or other 
        person who stood in loco parentis to the domestic worker when 
        the worker was a child.
            (11) Personal care aide or assistant.--The term ``personal 
        care aide or assistant'' means an individual who provides 
        personal care services.
            (12) Personal care services.--The term ``personal care 
        services'' means assistance provided to an individual who is 
        not an inpatient or resident of a hospital, nursing facility, 
        intermediate care facility for individuals with intellectual 
        disabilities, or institution for mental disease that enables 
        the recipient to accomplish activities of daily living or 
        instrumental activities of daily living.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (14) Self-directed care.--The term ``self-directed care'', 
        with respect to an individual, means services for the 
        individual that are planned and purchased under the direction 
        and control of the individual, including the amount, duration, 
        scope, provider, and location of the services.
            (15) Shared living arrangement.--The term ``shared living 
        arrangement'' means a living arrangement involving--
                    (A) not more than 2 individuals who are an 
                individual with a disability or a Medicaid HCBS-
                eligible elderly individual, except if 1 or more of the 
                individuals are related to each other (by blood or a 
                close association that is equivalent to a family 
                relationship);
                    (B) an individual providing services for 
                compensation and living in the private home of the 
                recipient of such services;
                    (C) an individual receiving funding through a State 
                Medicaid program under title XIX of the Social Security 
                Act (42 U.S.C. 1396 et seq.), or another publicly 
                funded program;
                    (D) a stipend or room and board as the primary form 
                of payment for the individual providing such services; 
                and
                    (E) the individual receiving such services having 
                the final decision regarding who is the provider of 
                such services living with the individual, through a 
                consumer-driven matching process that includes 
                relationship building, person-centered planning as 
                defined by the Administrator of the Centers for 
                Medicare & Medicaid Services, and an assessment of 
                individual compatibility.
            (16) Spouse.--The term ``spouse'', with respect to a 
        domestic worker, has the meaning given such term by the 
        marriage laws of the State in which the marriage was 
        celebrated.

            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.

    Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 213(b)(21)) is repealed.

SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
              COMMUNICATIONS.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207) 
the following:

``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
              COMMUNICATIONS.

    ``(a) Definition of Live-In Domestic Employee.--In this section, 
the term `live-in domestic employee' means any employee who--
            ``(1) is employed in domestic service in a household and 
        resides in such household; and
            ``(2) in any workweek is engaged in commerce or in the 
        production of goods for commerce or is employed in an 
        enterprise engaged in commerce or in the production of goods 
        for commerce.
    ``(b) Notice of Termination for Live-In Domestic Employees.--
            ``(1) In general.--If an employer terminates the employment 
        of a live-in domestic employee, the employer shall, except as 
        provided in paragraph (3), provide the live-in domestic 
        employee with--
                    ``(A) written notice of the termination not later 
                than 48 hours after such termination; and
                    ``(B)(i) not less than 30 calendar days of lodging 
                at--
                            ``(I) the household premises of the 
                        employer, as customarily provided by the 
                        employer; or
                            ``(II) another premise of a comparable 
                        lodging condition; or
                    ``(ii) severance pay in an amount equivalent to the 
                average earnings of the live-in domestic employee for 2 
                weeks of employment during the preceding 6 months.
            ``(2) Off-site lodging or severance.--If an employer 
        chooses to provide a live-in domestic employee who is 
        terminated, as described in paragraph (1), lodging described in 
        paragraph (1)(B)(i)(II) or severance pay described in paragraph 
        (1)(B)(ii), the employer shall allow the live-in domestic 
        employee not less than 48 hours after the notice provided under 
        paragraph (1)(A) to vacate the household of the employer.
            ``(3) Exception.--
                    ``(A) In general.--The requirements under paragraph 
                (1) shall not be required in a case involving a good 
                faith allegation described in subparagraph (B) that the 
                live-in domestic employee has engaged in abuse or 
                neglect, or caused any other harmful conduct, against 
                the employer, any member of the family of the employer, 
                or any individual residing in the household of the 
                employer.
                    ``(B) Good faith allegations.--A good faith 
                allegation described in this subparagraph shall be--
                            ``(i) made in writing and provided to the 
                        employee not later than 48 hours after the 
                        employer has knowledge of the conduct of the 
                        employee;
                            ``(ii) supported by a reasonable basis and 
                        belief; and
                            ``(iii) made without reckless disregard or 
                        willful ignorance of the truth.
    ``(c) Communications for Live-In Domestic Employees.--
            ``(1) In general.--If an employer requires an employee to 
        be a live-in domestic employee, the employer shall--
                    ``(A) provide the employee with the ability, and 
                reasonable opportunity, to access telephone and 
                internet services in accordance with paragraph (2); and
                    ``(B) without interference by the employer, permit 
                the employee to send and receive communications by text 
                message, social media, electronic or regular mail, and 
                telephone calls.
            ``(2) Telephone and internet services.--
                    ``(A) Employer with services.--If an employer 
                requires an employee to be a live-in domestic employee 
                and has telephone or internet services for the 
                household of the employer, the employer shall provide 
                the live-in domestic employee with reasonable access to 
                such services without charge to the employee.
                    ``(B) Employer without services.--If an employer 
                requires an employee to be a live-in domestic employee 
                and does not have telephone or internet services for 
                the household of the employer, the employer--
                            ``(i) shall provide the live-in domestic 
                        employee with a reasonable opportunity to 
                        access such services at another location; and
                            ``(ii) shall not be required to pay for 
                        such services.''.
    (b) Conforming Amendment.--Section 10 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 210) is repealed.

SEC. 103. ENFORCEMENT.

    (a) Prohibited Act.--Section 15(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 215(a)) is amended--
            (1) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (2) by adding at the end the following:
            ``(6) to violate any provision of section 8, including any 
        regulation or order issued by the Secretary under that 
        section.''.
    (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended--
            (1) in subsection (b), by inserting ``Any employer who 
        violates section 8(b) shall be liable to the employee affected 
        in an amount of severance pay that is calculated, with respect 
        to the employee, in accordance with section 8(b)(1)(B)(ii), and 
        in an additional equal amount as liquidated damages. Any 
        employer who violates section 8(c) shall be liable to the 
        employee affected in an amount that is not to exceed $2,000 for 
        each violation.'' after the third sentence; and
            (2) in subsection (c), by adding at the end the following: 
        ``The authority and requirements described in this subsection 
        shall also apply with respect to a violation of section 8, as 
        appropriate, and the employer shall be liable for the amounts 
        described in subsection (b) for violations of such section.''.
    (c) Injunction Proceedings.--Section 17 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and 
inserting ``and in the case of violations of section 15(a)(6) the 
restraint of any withholding of severance pay and other damages found 
by the court to be due to employees under this Act (except, in either 
case, sums''.
    (d) Statute of Limitations.--Section 6 of the Portal-to-Portal Act 
of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection 
(a), by inserting ``(and any cause of action to enforce section 8 of 
such Act)'' after ``under the Fair Labor Standards Act of 1938, as 
amended''.

                   Subtitle B--Domestic Worker Rights

SEC. 110. WRITTEN AGREEMENTS.

    (a) Covered Domestic Worker.--In this section, the term ``covered 
domestic worker'' means any domestic worker to whom the domestic work 
hiring entity expects to provide compensation for the performance of 
domestic services by the domestic worker for not less than 8 hours per 
week.
    (b) Requirement.--Each domestic work hiring entity shall provide a 
written agreement in accordance with this section to each covered 
domestic worker hired by the entity.
    (c) Written Agreement Requirements.--
            (1) In general.--A written agreement required under this 
        section shall--
                    (A) be signed and dated by the covered domestic 
                worker and the domestic work hiring entity;
                    (B) be written in a language easily and fully 
                understood by the covered domestic worker and the 
                domestic work hiring entity, which may be in multiple 
                languages if the worker and the entity do not easily 
                and fully understand the same language; and
                    (C) include the contents described in subsection 
                (d).
            (2) Copy.--A copy of the written agreement required under 
        this section shall be provided to the covered domestic worker 
        not later than 5 calendar days after the date on which the 
        covered domestic worker is hired by the domestic work hiring 
        entity.
    (d) Contents of the Written Agreement.--
            (1) In general.--The contents described in this subsection 
        shall include each of the following:
                    (A) The full name, address, and contact information 
                of the domestic work hiring entity, including, as 
                appropriate, any ``doing business as'' name of the 
                entity and the name of each individual of the domestic 
                work hiring entity who will be doing business with the 
                covered domestic worker.
                    (B) The address for the location where the covered 
                domestic worker will be providing domestic services for 
                the domestic work hiring entity.
                    (C) All responsibilities to be performed by the 
                covered domestic worker for the domestic work hiring 
                entity, and the regularity in which such 
                responsibilities are to be performed.
                    (D) The regular rate of pay of the covered domestic 
                worker for any work week, including any overtime 
                compensation due.
                    (E) The day of the week when the covered domestic 
                worker will be paid.
                    (F) The required working hours for any work week, 
                including--
                            (i) the time of day and day of week the 
                        work of the covered domestic worker begins;
                            (ii) meal and rest breaks described in 
                        section 115;
                            (iii) time off;
                            (iv) the work schedule of the worker at the 
                        time of hire, including--
                                    (I) the time of day and the days of 
                                the week the covered domestic worker 
                                will be expected to work for the 
                                domestic work hiring entity each week; 
                                or
                                    (II) if the time of day or the days 
                                of the week that the domestic worker 
                                will be expected to work for the 
                                domestic work hiring entity will vary 
                                from week to week, information 
                                regarding a good faith estimate of the 
                                days and hours for which the covered 
                                domestic worker will be expected to 
                                work for the domestic work hiring 
                                entity each week, including, at 
                                minimum--
                                            (aa) the average number of 
                                        hours the covered domestic 
                                        worker will be expected to work 
                                        for the domestic work hiring 
                                        entity each week during a 
                                        typical 90-day period;
                                            (bb) whether the covered 
                                        domestic worker can expect to 
                                        work any on-call shifts, as 
                                        defined in paragraph (3), for 
                                        the domestic work hiring 
                                        entity;
                                            (cc) a subset of days the 
                                        covered domestic worker can 
                                        typically expect to work (or to 
                                        be scheduled as off from work) 
                                        for the domestic work hiring 
                                        entity; and
                                            (dd) the amount of notice 
                                        that the domestic work hiring 
                                        entity will provide to the 
                                        domestic worker in advance of 
                                        scheduled work hours (as 
                                        defined in section 112(a)), 
                                        which shall not be less than 72 
                                        hours before such scheduled 
                                        work hours are to begin (except 
                                        during a period described in 
                                        subparagraph (A) of section 
                                        112(e)(1), in a case described 
                                        in subparagraph (B) of section 
                                        112(e)(1), or in the case of a 
                                        shared living arrangement), and 
                                        the manner in which such notice 
                                        shall be provided;
                            (v) the reporting time pay policy described 
                        in section 112(c); and
                            (vi) the right to request and receive a 
                        change to scheduled work hours due to personal 
                        events as described in section 113.
                    (G) If applicable, any policies of the domestic 
                work hiring entity with respect to the covered domestic 
                worker for paying for or providing reimbursement for--
                            (i) health insurance;
                            (ii) transportation, meals, or lodging; and
                            (iii) any fees or costs associated with the 
                        domestic services provided by the covered 
                        domestic worker for the entity.
                    (H) If applicable, any policies of the domestic 
                work hiring entity with respect to the covered domestic 
                worker for--
                            (i) annual or other pay increases;
                            (ii) severance pay; and
                            (iii) providing materials or equipment 
                        related to the performance of domestic service 
                        by the covered domestic worker, including (if 
                        applicable) any cleaning supplies provided by 
                        the entity.
                    (I) Information about policies, procedures, and 
                equipment related to safety and emergencies.
                    (J) The policy of the domestic work hiring entity 
                pertaining to notice of termination of the covered 
                domestic worker by the domestic work hiring entity.
                    (K) In the case of a covered domestic worker who 
                resides in the household of the person for whom the 
                domestic worker provides domestic services--
                            (i) the circumstances under which the 
                        domestic work hiring entity may enter the 
                        designated living space of the domestic worker;
                            (ii) the circumstances under which the 
                        covered domestic worker, in a shared living 
                        arrangement, may enter the designated living 
                        space of the domestic work hiring entity; and
                            (iii) a description of certain 
                        circumstances the domestic work hiring entity 
                        determines as cause for--
                                    (I) immediate termination of the 
                                covered domestic worker; and
                                    (II) subject (as applicable) to 
                                section 8(b) of the Fair Labor 
                                Standards Act of 1938, removal of the 
                                covered domestic worker from the 
                                household of the person for whom the 
                                worker provides domestic services not 
                                later than 48 hours after notice of the 
                                termination.
                    (L) Any additional benefits afforded to the covered 
                domestic worker by the domestic work hiring entity.
                    (M) The process for the covered domestic worker to 
                raise or address grievances with respect to, or 
                breaches of, the written agreement.
                    (N) The process used by the domestic work hiring 
                entity to change any policy described in subparagraphs 
                (A) through (M), including addressing additional 
                compensation if responsibilities are added to those 
                described in subparagraph (C), after the date on which 
                the written agreement is provided to the domestic 
                worker.
            (2) Prohibitions.--A written agreement required under this 
        section may not--
                    (A) contain--
                            (i) a mandatory pre-dispute arbitration 
                        agreement for claims made by a covered domestic 
                        worker against a domestic work hiring entity 
                        regarding the legal rights of the worker; or
                            (ii) a non-disclosure agreement, non-
                        compete agreement, or non-disparagement 
                        agreement, limiting the ability of the covered 
                        domestic worker to seek compensation for 
                        performing domestic services after the worker 
                        ceases to receive compensation from the 
                        domestic work hiring entity for the performance 
                        of domestic services; and
                    (B) be construed to waive the rights or protections 
                of a domestic worker under Federal, State, or local 
                law.
            (3) Definition of on-call shift.--For purposes of paragraph 
        (1)(F)(iv)(II)(bb), the term ``on-call shift'' means any time a 
        domestic work hiring entity expects a covered domestic worker 
        to--
                    (A) be available to work; and
                    (B) wait to contact, or be contacted by, the 
                domestic work hiring entity, or a designee of the 
                entity, to determine whether the worker shall report to 
                work during such time.
    (e) Timing.--
            (1) Initial agreement.--A domestic work hiring entity shall 
        provide a written agreement required under this section--
                    (A) to each covered domestic worker hired after the 
                date of enactment of this Act, prior to the first day 
                the worker performs domestic services for the entity; 
                and
                    (B) to each covered domestic worker hired on or 
                prior to the date of enactment of this Act, 90 days 
                after such date of enactment.
            (2) Subsequent agreements.--Not later than 30 calendar days 
        after the date on which a domestic work hiring entity makes a 
        change to a written agreement provided to a covered domestic 
        worker under this section, the domestic work hiring entity 
        shall provide the domestic worker with an updated agreement in 
        accordance with this section.
    (f) Records.--A domestic work hiring entity that is required to 
provide a written agreement under this section to a covered domestic 
worker shall retain such agreement for a period of not less than 3 
years from the date on which the covered domestic worker is no longer 
working for the entity.
    (g) Model Written Agreements.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall establish and make 
        available templates for model written agreements under this 
        section.
            (2) Requirements.--A model written agreement required under 
        paragraph (1) shall--
                    (A) be available in multiple languages commonly 
                understood by domestic workers, including all languages 
                in which the Secretary, acting through the 
                Administrator of the Wage and Hour Division, translates 
                the basic information fact sheet published by the 
                Administrator; and
                    (B) not include any agreement described in 
                subsection (d)(2)(A).

SEC. 111. EARNED SICK DAYS.

    (a) Definitions.--In this section:
            (1) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the 
        reference in such section to the term ``jurisdiction receiving 
        grant monies'' shall be deemed to mean the jurisdiction in 
        which the victim lives or the jurisdiction in which the 
        domestic work hiring entity involved is located. Such term also 
        includes dating violence, as that term is defined in such 
        section.
            (2) Domestic worker.--The term ``domestic worker'' means a 
        domestic worker, as defined in section 3(b), other than an 
        individual providing assistance through a shared living 
        arrangement.
            (3) Domestic work hiring entity.--The term ``domestic work 
        hiring entity''--
                    (A) means such a domestic work hiring entity, as 
                defined in section 3(b), except that for purposes of 
                this subparagraph, a reference in that section to a 
                domestic worker shall be considered a domestic worker 
                as defined in paragraph (2); and
                    (B) includes any predecessor of a hiring entity 
                described in subparagraph (A).
            (4) Employment.--The term ``employment'' includes service 
        as a domestic worker.
            (5) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to domestic 
        workers by a domestic work hiring entity, including group life 
        insurance, health insurance, disability insurance, sick leave, 
        annual leave, educational benefits, and pensions, regardless of 
        whether such benefits are provided by a practice or written 
        policy of a domestic work hiring entity or through an 
        ``employee benefit plan'', as defined in section 3(3) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(3)).
            (6) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A) is described in section 825.125 of title 29, 
                Code of Federal Regulations; and
                    (B) is not employed by a domestic work hiring 
                entity for whom the provider issues certification under 
                this section.
            (7) Paid sick time.--The term ``paid sick time'' means an 
        increment of compensated leave that can be earned by a domestic 
        worker for use during an absence from employment for any of the 
        reasons described in subparagraphs (A) through (D) of 
        subsection (b)(2).
            (8) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)).
            (9) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002(a) of the Violence Against Women Act 
        of 1994 (34 U.S.C. 12291(a)).
            (10) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, sexual assault, or stalking or advocates for such 
        victims, including a rape crisis center, an organization 
        carrying out a domestic violence, sexual assault, or stalking 
        prevention or treatment program, an organization operating a 
        shelter or providing counseling services, or a legal services 
        organization or other organization providing assistance through 
        the legal process.
    (b) Earned Paid Sick Time.--
            (1) Earning of time.--
                    (A) In general.--A domestic work hiring entity 
                shall provide each domestic worker employed by the 
                hiring entity not less than 1 hour of earned paid sick 
                time for every 30 hours worked, to be used as described 
                in paragraph (2). A domestic work hiring entity shall 
                not be required to permit a domestic worker to earn, 
                under this subsection, more than 56 hours of paid sick 
                time in a year, unless the hiring entity chooses to set 
                a higher limit.
                    (B) Dates for beginning to earn paid sick time and 
                use.--Domestic workers shall begin to earn and be 
                entitled to use earned paid sick time under this 
                subsection at the commencement of their employment. A 
                domestic work hiring entity may, at the discretion of 
                the hiring entity, loan paid sick time to a domestic 
                worker for use by such domestic worker in advance of 
                the domestic worker earning such sick time as provided 
                in this paragraph and may permit use before the 60th 
                day of employment.
                    (C) Carryover.--
                            (i) In general.--Except as provided in 
                        clause (ii), paid sick time earned under this 
                        subsection shall carry over from one year to 
                        the next.
                            (ii) Construction.--This section shall not 
                        be construed to require a domestic work hiring 
                        entity to permit a domestic worker to earn more 
                        than 56 hours of earned paid sick time at a 
                        given time.
                    (D) Hiring entities with existing policies.--Any 
                domestic work hiring entity with a paid leave policy 
                who makes available an amount of paid leave that is 
                sufficient to meet the requirements of this subsection 
                and that may be used for the same purposes and under 
                the same conditions as the purposes and conditions 
                outlined in paragraph (2) shall not be required to 
                permit a domestic worker to earn additional paid sick 
                time under this subsection.
                    (E) Construction.--Nothing in this subsection shall 
                be construed as requiring financial or other 
                reimbursement to a domestic worker from a domestic work 
                hiring entity upon the domestic worker's termination, 
                resignation, retirement, or other separation from 
                employment for earned paid sick time that has not been 
                used.
                    (F) Reinstatement.--If a domestic worker is 
                separated from employment with a domestic work hiring 
                entity and is rehired, within 12 months after that 
                separation, by the same hiring entity, the hiring 
                entity shall reinstate the domestic worker's previously 
                earned paid sick time. The domestic worker shall be 
                entitled to use the earned paid sick time and earn 
                additional paid sick time at the recommencement of 
                employment with the domestic work hiring entity.
                    (G) Prohibition.--A domestic work hiring entity may 
                not require, as a condition of providing paid sick time 
                under this subsection, that the domestic worker 
                involved search for or find a replacement to cover the 
                hours during which the domestic worker is using paid 
                sick time.
            (2) Uses.--Paid sick time earned under this subsection may 
        be used by a domestic worker for any of the following:
                    (A) An absence resulting from a physical or mental 
                illness, injury, or medical condition of the domestic 
                worker.
                    (B) An absence resulting from obtaining 
                professional medical diagnosis or care, or preventive 
                medical care, for the domestic worker.
                    (C) An absence for the purpose of caring for a 
                child, a parent, a spouse, a domestic partner, or any 
                other individual related by blood or affinity whose 
                close association with the domestic worker is the 
                equivalent of a family relationship, who--
                            (i) has any of the conditions or needs for 
                        diagnosis or care described in subparagraph (A) 
                        or (B);
                            (ii) in the case of care for someone who is 
                        a child, is the subject of a school meeting, or 
                        a meeting at a place where the child is 
                        receiving care necessitated by the child's 
                        health condition or disability, that the 
                        domestic worker is required to attend; or
                            (iii) is otherwise in need of care.
                    (D) An absence resulting from domestic violence, 
                sexual assault, or stalking, if the time is to--
                            (i) seek medical attention for the domestic 
                        worker or a related person described in 
                        subparagraph (C), to recover from physical or 
                        psychological injury or disability caused by 
                        domestic violence, sexual assault, or stalking;
                            (ii) obtain or assist a related person 
                        described in subparagraph (C) in obtaining 
                        services from a victim services organization;
                            (iii) obtain or assist a related person 
                        described in subparagraph (C) in obtaining 
                        psychological or other counseling;
                            (iv) seek or assist a related person in 
                        seeking relocation; or
                            (v) take or assist a related person in 
                        taking legal action, including preparing for or 
                        participating in any civil or criminal legal 
                        proceeding related to or resulting from 
                        domestic violence, sexual assault, or stalking.
            (3) Scheduling.--A domestic worker shall make a reasonable 
        effort to schedule a foreseeable period of paid sick time under 
        this subsection in a manner that does not unduly disrupt the 
        operations of the domestic work hiring entity.
            (4) Procedures.--
                    (A) In general.--Paid sick time shall be provided 
                upon the oral or written request of a domestic worker. 
                Such request shall--
                            (i) include the expected duration of the 
                        period of such time;
                            (ii) in a case in which the need for such 
                        period of time is foreseeable at least 7 days 
                        in advance of such period, be provided at least 
                        7 days in advance of such period; and
                            (iii) otherwise, be provided as soon as 
                        practicable after the domestic worker is aware 
                        of the need for such period.
                    (B) Certification in general.--
                            (i) Provision.--
                                    (I) In general.--Subject to clause 
                                (iv), a domestic work hiring entity may 
                                require that a request for paid sick 
                                time under this subsection for a 
                                purpose described in subparagraph (A), 
                                (B), or (C) of paragraph (2) be 
                                supported by a certification issued by 
                                the health care provider of the 
                                eligible domestic worker or of an 
                                individual described in paragraph 
                                (2)(C), as appropriate, if the period 
                                of such time covers more than 3 
                                consecutive workdays.
                                    (II) Timeliness.--The domestic 
                                worker shall provide a copy of such 
                                certification to the domestic work 
                                hiring entity in a timely manner, not 
                                later than 30 days after the first day 
                                of the period of time. The domestic 
                                work hiring entity shall not delay the 
                                commencement of the period of time on 
                                the basis that the hiring entity has 
                                not yet received the certification.
                            (ii) Sufficient certification.--A 
                        certification provided under clause (i) shall 
                        be sufficient if it states--
                                    (I) the date on which the period of 
                                time will be needed;
                                    (II) the probable duration of the 
                                period of time;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                provider regarding the condition 
                                involved, subject to clause (iii);
                                    (IV) for purposes of paid sick time 
                                under paragraph (2)(A), a statement 
                                that absence from work is medically 
                                necessary;
                                    (V) for purposes of such time under 
                                paragraph (2)(B), the dates on which 
                                testing for a medical diagnosis or care 
                                is expected to be given and the 
                                duration of such testing or care; and
                                    (VI) for purposes of such time 
                                under paragraph (2)(C), in the case of 
                                time to care for someone who is not a 
                                child, a statement that care is needed 
                                for an individual described in such 
                                paragraph, and an estimate of the 
                                amount of time that such care is needed 
                                for such individual.
                            (iii) Limitation.--In issuing a 
                        certification under clause (i), a health care 
                        provider shall make reasonable efforts to limit 
                        the medical facts described in clause (ii)(III) 
                        that are disclosed in the certification to the 
                        minimum necessary to establish a need for the 
                        domestic worker to utilize paid sick time.
                            (iv) Regulations.--The Secretary shall 
                        prescribe regulations that shall specify the 
                        manner in which a domestic worker who does not 
                        have health insurance shall provide a 
                        certification for purposes of this 
                        subparagraph.
                            (v) Confidentiality and nondisclosure.--
                                    (I) Protected health information.--
                                Nothing in this section shall be 
                                construed to require a health care 
                                provider to disclose information in 
                                violation of section 1177 of the Social 
                                Security Act (42 U.S.C. 1320d-6) or the 
                                regulations promulgated pursuant to 
                                section 264(c) of the Health Insurance 
                                Portability and Accountability Act of 
                                1996 (42 U.S.C. 1320d-2 note).
                                    (II) Health information records.--
                                If a domestic work hiring entity 
                                possesses health information about a 
                                domestic worker or a related person 
                                described in paragraph (2)(C), such 
                                information shall--
                                            (aa) be maintained on a 
                                        separate form and in a separate 
                                        file from other personnel 
                                        information;
                                            (bb) be treated as a 
                                        confidential medical record; 
                                        and
                                            (cc) not be disclosed 
                                        except to the affected domestic 
                                        worker or with the permission 
                                        of the affected domestic 
                                        worker.
                    (C) Certification in the case of domestic violence, 
                sexual assault, or stalking.--
                            (i) In general.--A domestic work hiring 
                        entity may require that a request for paid sick 
                        time under this subsection for a purpose 
                        described in paragraph (2)(D) be supported by 
                        any one of the following forms of 
                        documentation, but the domestic work hiring 
                        entity may not specify the particular form of 
                        documentation to be provided:
                                    (I) A police report indicating that 
                                the domestic worker, or a related 
                                person described in paragraph (2)(D), 
                                was, for not less than 3 consecutive 
                                days, a victim of domestic violence, 
                                sexual assault, or stalking.
                                    (II) A court order protecting or 
                                separating the domestic worker or a 
                                related person described in paragraph 
                                (2)(D) from the perpetrator of an act 
                                of domestic violence, sexual assault, 
                                or stalking, or other evidence from the 
                                court or prosecuting attorney that the 
                                domestic worker or a related person 
                                described in paragraph (2)(D) has 
                                appeared in court or is scheduled to 
                                appear in court in a proceeding related 
                                to domestic violence, sexual assault, 
                                or stalking.
                                    (III) Other documentation signed by 
                                an individual (who may be a volunteer) 
                                working for a victim services 
                                organization, an attorney, a police 
                                officer, a medical professional, a 
                                social worker, an antiviolence 
                                counselor, or a member of the clergy, 
                                affirming that the domestic worker or a 
                                related person described in paragraph 
                                (2)(D) is a victim of domestic 
                                violence, sexual assault, or stalking.
                            (ii) Requirements.--The requirements of 
                        subparagraph (B) shall apply to certifications 
                        under this paragraph, except that--
                                    (I) subclauses (III) through (VI) 
                                of clause (ii) and clause (iii) of such 
                                subparagraph shall not apply;
                                    (II) the certification shall state 
                                the reason that the leave is required 
                                with the facts to be disclosed limited 
                                to the minimum necessary to establish a 
                                need for the domestic worker to be 
                                absent from work, and the domestic 
                                worker shall not be required to explain 
                                the details of the domestic violence, 
                                sexual assault, or stalking involved; 
                                and
                                    (III) with respect to 
                                confidentiality under clause (v) of 
                                such subparagraph, any information 
                                provided to the domestic work hiring 
                                entity under this subparagraph shall be 
                                confidential, except to the extent that 
                                any disclosure of such information is--
                                            (aa) requested or consented 
                                        to in writing by the domestic 
                                        worker; or
                                            (bb) otherwise required by 
                                        applicable Federal or State 
                                        law.
    (c) Construction and Application.--
            (1) Effect on other laws.--
                    (A) Federal and state antidiscrimination laws.--
                Nothing in this section shall be construed to modify or 
                affect any Federal or State law prohibiting 
                discrimination on the basis of race, religion, color, 
                national origin, sex (including sexual orientation and 
                gender identity), age, disability, marital status, 
                familial status, or any other protected status.
                    (B) State and local laws.--Nothing in this section 
                shall be construed to supersede (including preempting) 
                any provision of any State or local law that provides 
                greater paid sick time or leave rights (including 
                greater amounts of paid sick time or leave, or greater 
                coverage of those eligible for paid sick time or leave) 
                than the rights established under this section.
            (2) Effect on existing employment benefits.--
                    (A) More protective.--Nothing in this section shall 
                be construed to diminish the obligation of a domestic 
                work hiring entity to comply with any contract, any 
                collective bargaining agreement, or any employment 
                benefit program or plan that provides greater paid sick 
                leave or other leave rights to domestic workers than 
                the rights established under this section.
                    (B) Less protective.--The rights established for 
                domestic workers under this section shall not be 
                diminished by any contract, any collective bargaining 
                agreement, or any employment benefit program or plan.
    (d) Effective Date.--This section, other than subsection 
(b)(4)(B)(4), takes effect 2 years after the date of enactment of this 
Act.

SEC. 112. FAIR SCHEDULING PRACTICES.

    (a) Definition of Scheduled Work Hours.--In this section, the term 
``scheduled work hours'' means the hours on a specified day during 
which a domestic worker is, through a written agreement or schedule, 
required by a domestic work hiring entity to perform domestic services 
for the entity and for which the worker will receive compensation for 
such services.
    (b) Requirement for Notice of Covered Domestic Worker.--In the case 
of a covered domestic worker (as defined in section 110(a)), the 
domestic work hiring entity shall provide the covered domestic worker 
notice of the scheduled work hours of such worker through--
            (1) a written agreement described in subclause (I) of 
        section 110(d)(1)(F)(iv) regarding a schedule of the time of 
        day and the days of the week the covered domestic worker is 
        expected to work for the domestic work hiring entity each week; 
        or
            (2) a schedule agreed upon by the domestic work hiring 
        entity and the covered domestic worker provided in the amount 
        of time specified in accordance with a written agreement 
        described in subclause (II) of such section, regarding a good 
        faith estimate of the time of day and the days of the week that 
        the covered domestic worker is expected to work for the 
        domestic work hiring entity.
    (c) Requirements for Changes to Scheduled Work Hours and Reporting 
Time Pay.--A domestic work hiring entity shall--
            (1) communicate in writing (which may be in an electronic 
        form) any change to the scheduled work hours of a domestic 
        worker, including any on-call shifts, not less than 72 hours 
        before the domestic worker is scheduled to begin work; and
            (2) pay a domestic worker--
                    (A) the regular rate of pay of the domestic worker 
                for any scheduled work hours the domestic worker does 
                not work due to the domestic work hiring entity 
                canceling or reducing the scheduled work hours of the 
                domestic worker after the domestic worker arrives to 
                work for the scheduled work hours; or
                    (B) at a rate of \1/2\ of the regular rate of pay 
                of the domestic worker for any scheduled work hours the 
                domestic worker does not work due to the domestic work 
                hiring entity canceling or reducing the scheduled work 
                hours of the domestic worker at a time that is less 
                than 72 hours prior to the commencement of such 
                scheduled work hours, unless the domestic work hiring 
                entity--
                            (i) is an individual with a disability 
                        relying on the domestic worker for disability 
                        supports and services (or an entity supporting 
                        an individual with a disability); and
                            (ii) requests the domestic worker to 
                        consent to work alternative, equivalent 
                        scheduled work hours within a 7-day period and 
                        the worker consents to work such alternative, 
                        equivalent hours.
    (d) Right To Decline Schedule Changes.--
            (1) In general.--In the case of a covered domestic worker 
        (as defined in section 110(a)), if a domestic work hiring 
        entity wishes to include work hours in the scheduled work hours 
        of such worker that are identified as hours in which the worker 
        can typically expect to be scheduled as off from work in 
        accordance with the written agreement under section 
        110(d)(1)(F)(iv)(I) or are identified as hours outside of the 
        good faith estimate under section 110(d)(1)(F)(iv)(II)(cc), the 
        hiring entity shall obtain the written consent of the worker to 
        work such hours prior to the commencement of such work.
            (2) Consent.--The consent required under paragraph (1) may 
        be transmitted electronically to the domestic work hiring 
        entity.
    (e) Exceptions.--
            (1) In general.--Notwithstanding any provision in this 
        section, the requirements under subsection (c) shall not 
        apply--
                    (A) during any period in which the operations of 
                the domestic work hiring entity cannot begin or 
                continue due to--
                            (i) a fire, flood, or other natural 
                        disaster;
                            (ii) a major disaster or emergency declared 
                        by the President under section 401 or 501, 
                        respectively, of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5170, 5191) or a state of emergency 
                        declared by a Governor of a State or chief 
                        official of a unit of local government; or
                            (iii) a severe weather condition that poses 
                        a threat to worker safety; or
                    (B) in a case in which--
                            (i) the domestic worker voluntarily 
                        requested in writing a change to the scheduled 
                        work hours of the worker; or
                            (ii) the domestic work hiring entity 
                        changes the scheduled work hours of a domestic 
                        worker due to--
                                    (I) a medical emergency requiring 
                                emergency medical treatment or 
                                hospitalization; or
                                    (II) the risk of contagion or a 
                                quarantine requirement related to 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 COVID-19, or 
                                any other public health emergency 
                                declared under such section.
            (2) Shared living arrangement.--Notwithstanding any 
        provision in this section, the requirements under this section 
        shall not apply to a shared living arrangement.
    (f) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED 
              WORK HOURS DUE TO PERSONAL EVENTS.

    (a) Definitions.--In this section:
            (1) Covered domestic worker.--The term ``covered domestic 
        worker'' has the meaning given the term in section 110(a).
            (2) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 111(a).
            (3) Personal event.--The term ``personal event'', with 
        respect to a covered domestic worker, means--
                    (A) an event resulting in the need of the covered 
                domestic worker to serve as a caregiver for an 
                individual related to the covered domestic worker by 
                blood or affinity or whose close association with the 
                covered domestic worker is the equivalent of a family 
                relationship;
                    (B) an event resulting from the obligation of a 
                covered domestic worker to attend a legal proceeding or 
                hearing for subsistence benefits, including benefits 
                under the supplemental nutrition assistance program 
                established under the Food and Nutrition Act of 2008 (7 
                U.S.C. 2011 et seq.) or under a State program for 
                temporary assistance for needy families established 
                under part A of title IV of the Social Security Act (42 
                U.S.C. 601 et seq.), to which the worker, or an 
                individual related to the worker as described in 
                subparagraph (A), is a party or witness; or
                    (C) any circumstance that would constitute a basis 
                for permissible use of safe time, or family, medical, 
                or sick leave, as determined based on the policy of the 
                domestic work hiring entity.
            (4) Safe time.--The term ``safe time'', with respect to a 
        covered domestic worker, means an absence from work of the 
        worker resulting from domestic violence, sexual assault, or 
        stalking, if the absence is to--
                    (A) seek medical attention for the worker or a 
                child, parent, spouse, or domestic partner of the 
                worker, or any other individual related to the worker 
                by blood or affinity whose close association with the 
                worker is the equivalent of a family relationship, in 
                order to recover from physical or psychological injury 
                or disability caused by domestic violence, sexual 
                assault, or stalking;
                    (B) obtain, or assist a child, parent, spouse, 
                domestic partner, or other individual described in 
                subparagraph (A) in obtaining, services from a victim 
                services organization;
                    (C) obtain, or assist a child, parent, spouse, 
                domestic partner, or other individual described in 
                subparagraph (A) in obtaining, psychological or other 
                counseling;
                    (D) seek relocation for the worker or a child, 
                parent, spouse, domestic partner, or other individual 
                described in subparagraph (A); or
                    (E) take legal action, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or resulting from domestic violence, sexual 
                assault, or stalking, of the worker or a child, parent, 
                spouse, domestic partner, or other individual described 
                in subparagraph (A).
            (5) Scheduled work hours.--The term ``scheduled work 
        hours'' has the meaning given such term in section 112(a), 
        except that references in such section to the term ``domestic 
        worker'' shall be deemed to be a reference to the term 
        ``covered domestic worker''.
            (6) Sexual assault; stalking.--The terms ``sexual assault'' 
        and ``stalking'' have the meanings given such terms in section 
        111(a).
            (7) Temporary change.--The term ``temporary change'', with 
        respect to a change in the scheduled work hours of a covered 
        domestic worker, means a limited alteration in the hours or 
        dates that, or locations where, a worker is scheduled to work, 
        including through using paid time off, trading or shifting work 
        hours, or using short-term unpaid leave.
    (b) Request.--
            (1) In general.--In accordance with this subsection, for 
        each calendar year, a domestic work hiring entity shall, upon 
        request of a covered domestic worker, grant to the covered 
        domestic worker not less than--
                    (A) 2 requests for a temporary change, covering not 
                more than 1 business day per request, to the scheduled 
                work hours of the worker due to a personal event; or
                    (B) 1 request for a temporary change, covering not 
                more than 2 business days, to the scheduled work hours 
                of the worker due to a personal event.
            (2) Notification of request.--
                    (A) In general.--A covered domestic worker who 
                requests a temporary change to the scheduled work hours 
                of the worker due to a personal event under this 
                subsection shall--
                            (i) notify the domestic work hiring entity, 
                        or direct supervisor, of such worker, as soon 
                        as the worker becomes aware of the need for the 
                        temporary change and inform the entity or 
                        supervisor that the change is due to a personal 
                        event;
                            (ii) make a proposal for the temporary 
                        change to the scheduled work hours of the 
                        worker, unless the worker seeks leave without 
                        pay; and
                            (iii) subject to subparagraph (B), not be 
                        required to initially submit the request in 
                        writing.
                    (B) Written record.--
                            (i) In general.--A covered domestic worker 
                        that requests a temporary change to the 
                        scheduled work hours of the worker under this 
                        subsection and does not initially submit a 
                        request for such change in writing shall, as 
                        soon as practicable and not later than 2 
                        business days after date on which the worker 
                        returns to work following the conclusion of the 
                        temporary change to the scheduled work hours, 
                        submit a written record of such request 
                        indicating--
                                    (I) the date for which the change 
                                was requested; and
                                    (II) that the request was made due 
                                to a personal event.
                            (ii) Electronic means.--A domestic work 
                        hiring entity may require that a record under 
                        this subparagraph be submitted in electronic 
                        form if workers of the domestic work hiring 
                        entity commonly use an electronic form to 
                        request and manage leave and schedule changes.
    (c) Response.--A domestic work hiring entity who receives a request 
under subsection (b) for a temporary change to the scheduled work hours 
of a covered domestic worker due to a personal event shall respond as 
soon as practicable. Such entity shall not be initially required to 
respond to such request in writing. If such entity does not initially 
respond to the requested schedule change in writing, the entity shall, 
as soon as practicable and not later than 1 week after the requested 
schedule change, provide the domestic worker with a written record of 
the response to the requested schedule change.
    (d) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 114. PRIVACY.

    (a) In General.--A domestic work hiring entity shall not--
            (1) monitor or record a domestic worker while such domestic 
        worker is--
                    (A) using restroom or bathing facilities;
                    (B) in the private living quarters of the worker; 
                or
                    (C) engaging in any activities associated with the 
                dressing, undressing, or changing of clothes of the 
                worker;
            (2) subject to subsection (b), restrict or interfere with, 
        or monitor, the private communications of such domestic worker; 
        or
            (3) take possession of any documents or other personal 
        effects of such domestic worker.
    (b) Private Communications.--A domestic work hiring entity may--
            (1) restrict, interfere with, or monitor the private 
        communications of a domestic worker if the domestic work hiring 
        entity has a reasonable belief that such communications 
        significantly interfere with the domestic worker's performance 
        of expected duties; and
            (2) establish reasonable restrictions on the private 
        communications of a domestic worker while such worker is 
        performing work for the domestic work hiring entity.
    (c) Relation to Other Laws.--This section shall not preclude 
liability under any other law.
    (d) Definition of Private Communications.--In this section, the 
term ``private communications'' means any communication through 
telephone or internet services, including sending and receiving 
communications by text message, social media, electronic mail, and 
telephone, with an entity or individual other than the domestic work 
hiring entity.

SEC. 115. BREAKS FOR MEALS AND REST.

    (a) Meal Breaks.--
            (1) In general.--Except as provided in subsection (c), a 
        domestic work hiring entity shall not require a domestic worker 
        to work more than 5 hours for such hiring entity without an 
        uninterrupted meal break of not less than 30 minutes. The 
        number of hours worked by a domestic worker for purposes of 
        this paragraph shall be calculated without regard to any rest 
        break the worker takes and to which the worker has a right 
        under subsection (b).
            (2) Rate of pay.--A domestic work hiring entity shall pay a 
        domestic worker for a meal break under paragraph (1) at the 
        regular rate of pay of the domestic worker unless the domestic 
        worker is relieved of all duty for not less than 30 minutes 
        during the meal break and is permitted to leave the work site 
        during such break.
            (3) Paid meal break.--Except as provided in subsection (c), 
        for any paid meal break required under paragraph (2), a 
        domestic work hiring entity--
                    (A) shall provide a reasonable opportunity for a 
                domestic worker to take such break for a period of 
                uninterrupted time that is not less than 30 minutes; 
                and
                    (B) shall not impede or discourage a domestic 
                worker from taking such meal break.
    (b) Rest Breaks.--
            (1) In general.--Except as provided in subsection (c), for 
        every 4 hours of work that a domestic worker is scheduled to 
        perform for a domestic work hiring entity, the entity shall 
        allow the worker a rest break of not less than 10 uninterrupted 
        minutes in which the domestic worker is relieved of all duties 
        related to providing domestic services to the domestic work 
        hiring entity. The domestic work hiring entity shall allow such 
        rest break to occur during the first 3 hours of consecutive 
        work performed by the worker for the entity.
            (2) Rate of pay.--A domestic work hiring entity shall pay a 
        domestic worker for the times spent by the worker for a rest 
        break under paragraph (1) at the regular rate of pay of the 
        worker. The hiring entity shall not impede or discourage a 
        domestic worker from taking such break.
    (c) Exceptions.--
            (1) In general.--Subject to paragraph (2), a domestic 
        worker may not have the right to a meal break under subsection 
        (a), or a rest break under subsection (b), in a case in which 
        the safety of an individual under the care of the domestic 
        worker prevents the domestic worker from taking such break.
            (2) On-duty breaks.--
                    (A) Definition of on-duty.--In this subsection, the 
                term ``on-duty'', with respect to a meal break under 
                subsection (a) or a rest break under subsection (b), 
                means such a break in which the domestic worker--
                            (i) is not relieved of all duties of the 
                        worker for the domestic work hiring entity; and
                            (ii) may, to the extent possible given the 
                        duties of the domestic worker for the domestic 
                        work hiring entity, engage in personal 
                        activities, such as resting, eating a meal, 
                        drinking a beverage, making a personal 
                        telephone call, or making other personal 
                        choices.
                    (B) Authorization.--
                            (i) In general.--In a case described in 
                        paragraph (1), the domestic worker may still 
                        take an on-duty meal or rest break under 
                        subsection (a) or (b), respectively, if--
                                    (I) the nature of the work prevents 
                                a domestic worker from being relieved 
                                of all duties required of the domestic 
                                worker for the domestic work hiring 
                                entity; and
                                    (II) the domestic worker and the 
                                domestic work hiring entity agree to 
                                such an on-duty meal or rest break in a 
                                written agreement described in clause 
                                (ii).
                            (ii) Written agreement.--The written 
                        agreement under clause (i)(II) shall include a 
                        provision allowing the domestic worker to, in 
                        writing, revoke the agreement at any time.
                    (C) Rate of pay.--A domestic work hiring entity 
                shall compensate a domestic worker for the time of an 
                on-duty meal or rest break under this paragraph at the 
                regular rate of pay of the worker for the entity.
            (3) Shared living arrangement.--The requirements under this 
        section shall not apply in the case of a shared living 
        arrangement.

SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS, 
              OR MODES OF COMMUNICATION.

    (a) In General.--
            (1) Requirement.--Except as provided in paragraph (2), a 
        domestic work hiring entity may not make any deduction from the 
        wage of, or require any reimbursement from, a domestic worker 
        for--
                    (A) any cash shortage of the domestic work hiring 
                entity; or
                    (B) breakage or loss of the entity's equipment or 
                other belongings.
            (2) Exception.--A domestic work hiring entity may deduct 
        from the wage of, or require reimbursement from, a domestic 
        worker described in paragraph (1) if the entity can show that a 
        shortage, breakage, or loss described in paragraph (1) was 
        caused by a dishonest or willful act of the domestic worker.
    (b) Communications.--No domestic work hiring entity shall make any 
deduction from the wage of, or otherwise penalize, a domestic worker 
for communicating with a consumer of domestic services directly as 
opposed to communicating through an application or other messaging 
service provided by an on-demand platform or otherwise required by the 
domestic work hiring entity.
    (c) Violation.--Any deduction or reimbursement in violation of 
subsection (a)(1) or (b) shall be deemed an unpaid wage for purposes of 
enforcement under section 118, and the domestic worker shall have the 
right to recover such wage in accordance with such section.

SEC. 117. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any person 
to interfere with, restrain, or deny the exercise of, or the attempt to 
exercise, any right provided under this subtitle, including--
            (1) discharging or in any manner discriminating against 
        (including retaliating against) any domestic worker for--
                    (A) exercising, or attempting to exercise, any 
                right provided under this subtitle; or
                    (B) engaging in concerted activities for the 
                purpose of collective bargaining or mutual aid or 
                protection, regardless of whether such activities are 
                with domestic workers of different employers or 
                domestic workers at different worksites; and
            (2) discriminating against any domestic worker by using the 
        exercise of a right provided under this subtitle as a negative 
        factor in an employment action, such as an action involving 
        hiring, promotion, or changing work hours or number of shifts, 
        or a disciplinary action.
    (b) Retaliation Protection.--It shall be unlawful for any domestic 
work hiring entity to discharge, demote, suspend, reduce the work hours 
of, take any other adverse employment action against, threaten to take 
an adverse employment action against, or in any other manner 
discriminate against a domestic worker with respect to compensation, 
terms, conditions, or privileges of employment because the domestic 
worker (or any person acting pursuant to the request of the domestic 
worker), whether at the initiative of the domestic worker or in the 
ordinary course of the domestic worker's duties--
            (1) opposes any practice made unlawful under this subtitle;
            (2) asserts any claim or right under this subtitle;
            (3) assists a domestic worker in asserting such claim or 
        right;
            (4) informs any domestic worker about this subtitle;
            (5) requests a change to the written agreement described in 
        section 110;
            (6) requests a change in scheduled work hours described in 
        section 112, or any other schedule change, without regard to 
        the eligibility of such domestic worker to receive any such 
        change;
            (7) participates as a member of, or takes an action 
        described in paragraph (8) with respect to, the Domestic Worker 
        Standards Board described in section 201;
            (8)(A) files an action, or institutes or causes to be 
        instituted any proceeding, under or related to this subtitle;
            (B) gives, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this subtitle; or
            (C) testifies, or is about to testify, in any inquiry or 
        proceeding relating to any right provided under this subtitle; 
        and
            (9) engages in concerted activities for the purpose of 
        collective bargaining or mutual aid or protection, regardless 
        of whether such activities are with domestic workers of 
        different employers or domestic workers at different worksites.
    (c) Immigration-Related Actions as Discrimination.--For purposes of 
subsections (a) and (b), discrimination with respect to compensation, 
terms, conditions, or privileges of employment occurs if a person 
undertakes any of the following activities (unless such activity is 
legal conduct undertaken at the express and specific direction or 
request of the Federal Government):
            (1) Reporting, or threatening to report, the citizenship or 
        immigration status of a domestic worker, or the suspected 
        citizenship or immigration status of a family member of such an 
        individual, to a Federal, State, or local agency.
            (2) Requesting more or different documents than those 
        required under section 274A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor 
        documents that on their face appear to be genuine.
            (3) Using the Federal E-Verify system to check employment 
        status in a manner not required under section 274A(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any 
        memorandum governing use of the E-Verify system.
            (4) Filing, or threatening to file, a false police report 
        relating to the immigration status of a domestic worker, or a 
        family member of a domestic worker.
            (5) Contacting, or threatening to contact, immigration 
        authorities relating to the immigration status of a domestic 
        worker, or a family member of a domestic worker.
    (d) Presumption of Retaliation.--
            (1) In general.--For the purposes of subsections (a) and 
        (b), proof that a person discharged an individual, or 
        discriminated against an individual with respect to 
        compensation, terms, conditions, or privileges of employment, 
        within 90 days of the individual involved asserting any claim 
        or right under this subtitle, or assisting any other individual 
        in asserting such a claim or right, shall raise a presumption 
        that the discharge or discrimination was in retaliation as 
        prohibited under subsection (a) or (b), as the case may be.
            (2) Rebuttal.--The presumption under paragraph (1) may be 
        rebutted by clear and convincing evidence that such discharge 
        or discrimination was taken for another permissible reason.

SEC. 118. ENFORCEMENT AUTHORITY.

    (a) In General.--
            (1) Application.--In this subsection--
                    (A) the term ``domestic worker'' means a domestic 
                worker described in subsection (e)(1)(A); and
                    (B) the term ``domestic work hiring entity'' means 
                a domestic work hiring entity described in subsection 
                (e)(2)(A).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this subtitle, or any regulation or order 
                issued under this subtitle, the Secretary shall have 
                the investigative authority provided under section 
                11(a) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 211(a)), with respect to hiring entities, 
                domestic workers, and other individuals affected.
                    (B) Obligation to keep and preserve records.--A 
                domestic work hiring entity shall make, keep, and 
                preserve records pertaining to compliance with this 
                subtitle 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.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require under 
                this paragraph a domestic work hiring entity to submit 
                to the Secretary any books or records more than once 
                during any 12-month period, unless the Secretary--
                            (i) has reasonable cause to believe there 
                        may exist a violation of this subtitle, 
                        including any regulation or order issued under 
                        this subtitle; or
                            (ii) is investigating a charge under 
                        paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation under this paragraph, the Secretary shall 
                have the subpoena authority provided under section 9 of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
            (3) Civil action by domestic workers.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (B) may be maintained against a domestic work hiring 
                entity by one or more domestic workers, or a 
                representative for and on behalf of the domestic 
                workers and any other domestic workers that may be 
                similarly situated.
                    (B) Liability.--A domestic work hiring entity that 
                violates this subtitle shall be liable to a domestic 
                worker aggrieved by the violation, except as provided 
                in subparagraphs (C) and (D), for--
                            (i) damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost by 
                                        reason of the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost, 
                                        any actual monetary losses 
                                        sustained, or the costs 
                                        reasonably related to damage to 
                                        or loss of property, or any 
                                        other injury to the person, 
                                        reputation, character, or 
                                        feelings, sustained by a 
                                        domestic worker as a direct 
                                        result of the violation, or any 
                                        injury to another person 
                                        sustained as a direct result of 
                                        the violation, by the domestic 
                                        work hiring entity;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate;
                                    (III) an additional amount as 
                                liquidated damages; and
                                    (IV) such other legal relief as may 
                                be appropriate;
                            (ii) such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion; and
                            (iii) a reasonable attorney's fee, 
                        reasonable expert witness fees, and other costs 
                        of the action.
                    (C) Meal and rest breaks.--In the case of a 
                violation of section 115, the domestic work hiring 
                entity involved shall be liable under subparagraph 
                (B)--
                            (i) for the amount of damages described in 
                        subclauses (I), (II), and (III) of subparagraph 
                        (B)(i); and
                            (ii) under subparagraph (B)(i)(IV), for 
                        each such violation, for an amount equal to 1 
                        hour of pay at the domestic worker's regular 
                        rate of compensation (but not more than 2 hours 
                        of such pay for each workday for which the 
                        domestic work hiring entity is in violation of 
                        such section).
                    (D) Written agreements.--In the case of a violation 
                of section 110, the domestic work hiring entity 
                involved shall be liable, under subparagraph (B)(i)(I), 
                for an amount equal to $5,000.
                    (E) Venue.--An action under this paragraph may be 
                maintained in any Federal or State court of competent 
                jurisdiction.
            (4) Action by the secretary.--
                    (A) Administrative action.--
                            (i) In general.--Subject to clause (ii), 
                        and subparagraphs (C) and (D) of paragraph (3), 
                        the Secretary shall receive, investigate, and 
                        attempt to resolve complaints of violations of 
                        this subtitle in the same manner that the 
                        Secretary receives, investigates, and attempts 
                        to resolve complaints of violations of sections 
                        6, 7, and 15(a)(3) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 206, 207, and 
                        215(a)(3)), including the Secretary's authority 
                        to supervise payment of wages and compensation 
                        under section 16(c) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 216(c)).
                            (ii) Violations generally.--The Secretary 
                        may assess a civil penalty against a domestic 
                        work hiring entity that violates any section of 
                        this subtitle--
                                    (I) of not more than $15,000 for 
                                any first violation of any such section 
                                by such domestic work hiring entity; 
                                and
                                    (II) of not more than $25,000 for 
                                any subsequent violation of any such 
                                section by such domestic work hiring 
                                entity.
                    (B) Administrative review.--Any aggrieved 
                dislocated worker who takes exception to an order 
                issued by the Secretary under subparagraph (A) may 
                request review of and a decision regarding such order 
                by an administrative law judge. In reviewing the order, 
                the administrative law judge may hold an administrative 
                hearing concerning the order, in accordance with the 
                requirements of sections 554, 556, and 557 of title 5, 
                United States Code. Such hearing shall be conducted 
                expeditiously. If no aggrieved dislocated worker 
                requests such review within 60 days after the order is 
                issued under subparagraph (A), the order shall be 
                considered to be a final order that is not subject to 
                judicial review.
                    (C) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover amounts described in paragraph (3)(B) on behalf 
                of a domestic worker aggrieved by a violation of this 
                subtitle.
                    (D) Sums recovered.--
                            (i) In general.--Any sums recovered by the 
                        Secretary under subparagraph (C) shall be held 
                        in a special deposit account and shall be paid, 
                        on order of the Secretary, directly to each 
                        domestic worker aggrieved by the violation for 
                        which the action was brought. Any such sums not 
                        paid to a domestic worker because of inability 
                        to do so within a period of 3 years shall be 
                        deposited into the Treasury of the United 
                        States as a miscellaneous receipt.
                            (ii) Civil penalty.--Any sums recovered by 
                        the Secretary under subparagraph (A)(ii) shall 
                        be deposited into the general fund of the 
                        Treasury of the United States as a 
                        miscellaneous receipt.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of this subtitle, such 
                action may be brought not later than 3 years after the 
                date of the last event constituting the alleged 
                violation for which such action is brought.
                    (C) Commencement.--An action shall be considered 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph on the date on which the 
                complaint is filed under such paragraph (3), (4), or 
                (6).
            (6) Action for injunction.--The district courts of the 
        United States together with the District Court of the Virgin 
        Islands and the District Court of Guam shall have jurisdiction, 
        for cause shown, in an action brought by a domestic worker or 
        the Secretary--
                    (A) to restrain violations of this subtitle, 
                including the withholding of a written agreement from a 
                domestic worker as required under section 110, or of 
                any withholding of payment of wages, salary, employment 
                benefits, or other compensation, plus interest, found 
                by the court to be due to a domestic worker under this 
                subtitle; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion, for a violation of this subtitle.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) Government accountability office and library of 
        congress.--Notwithstanding any other provision of this 
        subsection, in the case of the Government Accountability Office 
        and the Library of Congress, the authority of the Secretary of 
        Labor under this subsection shall be exercised respectively by 
        the Comptroller General of the United States and the Librarian 
        of Congress.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this subtitle against a domestic worker 
described in subsection (e)(1)(B).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this subtitle against a domestic worker described in subsection 
(e)(1)(C).
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against a domestic 
worker described in subsection (e)(1)(D).
    (e) Definition.--In section 117 and this section, except as 
otherwise provided in this subsection:
            (1) Domestic worker.--Notwithstanding section 3, the term 
        ``domestic worker'' means a domestic worker--
                    (A) as defined in section 3(b)(6) except that a 
                reference in that section to an individual or employee 
                shall be considered to be a reference to an individual 
                compensated for services provided to an entity 
                described in paragraph (2)(A);
                    (B) as defined in section 3(b)(6) except that a 
                reference in that section to an individual or employee 
                shall be considered to be a reference to an individual 
                compensated for services provided to an entity 
                described in paragraph (2)(B);
                    (C) as defined in section 3(b)(6) except that a 
                reference in that section to an individual or employee 
                shall be considered to be a reference to an individual 
                compensated for services provided to an entity 
                described in paragraph (2)(C); and
                    (D) as defined in section 3(b)(6) except that a 
                reference in that section to an individual or employee 
                shall be considered to be a reference to an individual 
                compensated for services provided to an entity 
                described in paragraph (2)(D).
            (2) Domestic work hiring entity.--Notwithstanding section 
        3, the term ``domestic work hiring entity'' means a domestic 
        work hiring entity--
                    (A) as defined in section 3(b)(7) except that a 
                reference in that section to a person or employer shall 
                be considered to be a reference to an employer 
                described in clause (i) or (ii) of subparagraph (A), 
                and subparagraph (B), of paragraph (3);
                    (B) as defined in section 3(b)(7) except that a 
                reference in that section to a person or employer shall 
                be considered to be a reference to an employer 
                described in subparagraphs (A)(iii) and (B) of 
                paragraph (3);
                    (C) as defined in section 3(b)(7) except that a 
                reference in that section to a person or employer shall 
                be considered to be a reference to an employer 
                described in subparagraphs (A)(iv) and (B) of paragraph 
                (3); and
                    (D) as defined in section 3(b)(7) except that a 
                reference in that section to a person or employer shall 
                be considered to be a reference to an employer 
                described in subparagraphs (A)(v) and (B) of paragraph 
                (3)(A).
            (3) Employer.--Notwithstanding section 3, for purposes of 
        paragraph (2), the term ``employer'' means a person who is--
                    (A)(i) an employer, as defined in section 3(a), who 
                is not covered under another clause of this 
                subparagraph;
                    (ii) an entity employing a State employee described 
                in section 304(a) of the Government Employee Rights Act 
                of 1991;
                    (iii) an employing office, as defined in section 
                101 of the Congressional Accountability Act of 1995;
                    (iv) an employing office, as defined in section 
                411(c) of title 3, United States Code; or
                    (v) an employing agency covered under subchapter V 
                of chapter 63 of title 5, United States Code; and
                    (B) an enterprise engaged in commerce or in the 
                production of goods for commerce.
            (4) Employment.--Notwithstanding section 3, the term 
        ``employment'' includes service as a domestic worker.

SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS.

    (a) In General.--Nothing in this subtitle shall--
            (1) supersede a provision in a collective bargaining 
        agreement; or
            (2) be construed to diminish the obligation of a domestic 
        work hiring entity to comply with any contract, collective 
        bargaining agreement, or employment benefit program or plan 
        that provides greater rights or benefits to domestic workers 
        than the rights established under this Act.
    (b) Other Laws.--Nothing in this subtitle shall--
            (1) affect the obligation of a domestic work hiring entity 
        to provide a reasonable accommodation in the form of a change 
        to the work schedule of a domestic worker required under any 
        other law, or to otherwise comply with any other law;
            (2) preempt, limit, or otherwise affect the applicability 
        of any State or local law that provides comparable or superior 
        benefits for domestic workers to the requirements under this 
        subtitle; or
            (3) diminish the rights, privileges, or remedies of any 
        domestic worker under any Federal or State law or under any 
        collective bargaining agreement.
    (c) No Waivers.--The rights and remedies in this subtitle may not 
be waived by a domestic worker through any agreement, policy, or form, 
or as a condition of employment.

             Subtitle C--Domestic Worker Health and Safety

SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE.

    (a) In General.--The Secretary shall award a grant, on a 
competitive basis, to an entity eligible under subsection (b), for a 
national hotline that domestic workers may call to report emergencies, 
seek emergency services, or seek support or guidance in lieu of 
emergency services.
    (b) Eligibility.--In order to be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be an entity described in paragraph (3), (5), or (6) of 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from taxation under section 501(a) of such Code;
            (2) have a demonstrated expertise in and experience with 
        domestic workers;
            (3) employ or otherwise engage domestic workers in the 
        performance of domestic services;
            (4) have a leadership or board structure that includes 
        domestic workers; and
            (5) comply with any other criteria established by the 
        Secretary for purposes of this section.

SEC. 122. ACCESS TO HEALTH AND SAFETY.

    (a) Standard for Domestic Workers.--
            (1) Standard.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Consumer Product 
                Safety Commission shall, to improve the health and 
                safety of domestic workers that clean private homes, 
                promulgate a consumer product safety standard under 
                section 7 of the Consumer Product Safety Act (15 U.S.C. 
                2056) to require manufacturers of household cleaning 
                supplies to--
                            (i) make safety data sheets for any 
                        household cleaning supply that contains a 
                        hazardous chemical available on the website of 
                        the manufacturer in a manner that ensures such 
                        safety data sheets are easily accessed via the 
                        name of the specific product line;
                            (ii) translate such safety data sheets into 
                        multiple languages, including all languages in 
                        which the Secretary, acting through the 
                        Administrator of the Wage and Hour Division, 
                        translates the basic information fact sheet 
                        published by the Administrator; and
                            (iii) create and provide, for use on small 
                        secondary containers, small labels with the 
                        name of the product and its ingredients as 
                        listed on the safety data sheet.
                    (B) Civil penalty.--Notwithstanding section 20 of 
                the Consumer Product Safety Act (15 U.S.C. 2069), or 
                any other provision of that Act, any person that 
                knowingly violates the requirements of the standard 
                promulgated under subparagraph (A) shall be subject to 
                a civil penalty not to exceed $500 for each violation.
            (2) Educational materials for workers.--The Consumer 
        Product Safety Commission shall produce educational materials 
        for consumers and domestic workers regarding requirements for 
        safety data sheets and translate such materials into multiple 
        languages, including all languages described in paragraph 
        (1)(A)(ii).
            (3) Definitions.--In this subsection:
                    (A) Hazardous chemical.--The term ``hazardous 
                chemical'' has the meaning given such term in section 
                1910.1200(c) of title 29, Code of Federal Regulations, 
                or a successor regulation.
                    (B) Household cleaning supply.--The term 
                ``household cleaning supply''--
                            (i) means any product, including a soap or 
                        detergent containing a surfactant as a wetting 
                        or dirt emulsifying agent, that is used 
                        primarily for domestic or commercial cleaning 
                        purposes, including the cleansing of fabrics, 
                        dishes, food utensils, and household and 
                        commercial premises; and
                            (ii) does not include--
                                    (I) food, drugs, or cosmetics, 
                                including personal care items such as 
                                toothpaste, shampoo, or hand soap; or
                                    (II) products labeled, advertised, 
                                marketed, or distributed for use 
                                primarily as a pesticide subject to the 
                                Federal Insecticide, Fungicide, and 
                                Rodenticide Act (7 U.S.C. 136 et seq.).
                    (C) Safety data sheets.--The term ``safety data 
                sheets'' means the safety data sheets required under 
                section 1910.1200 of title 29, Code of Federal 
                Regulations, or a successor regulation.
    (b) NIOSH Educational Materials.--Not later than 1 year after the 
date of enactment of this Act, the Director of the National Institute 
for Occupational Safety and Health shall develop and publish 
educational materials on protecting the health and safety of domestic 
workers who provide child care or cleaning services.

SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING GRANTS.

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

SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report, to the Interagency Task Force on Domestic Workers Bill of 
Rights Enforcement established under section 303(a) and Congress, on 
ways to expedite public support to ensure that survivors of workplace 
harassment in low-wage, vulnerable, and marginalized sectors, such as 
the domestic service sector, can access support for any of the 
following:
            (1) Housing services.
            (2) Health care services, including mental health services.
            (3) Counseling services.
            (4) Workers' compensation.
            (5) Unemployment insurance.
            (6) Disability benefits.
            (7) Transportation stipends.
            (8) Support for caregiving needs, including paid leave, 
        child care, and care for an individual related to the survivor 
        by blood or affinity or whose close association with the 
        survivor is the equivalent of a family relationship.
            (9) Any other support determined appropriate by the 
        Secretary.
    (b) Recommendations.--The report required under subsection (a) 
shall--
            (1) include specific recommendations for each type of 
        support listed in paragraphs (1) through (8) of such 
        subsection; and
            (2) take into account that support is needed regardless of 
        immigration or citizenship status.

     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.

    Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) 
is amended by striking ``fifteen'' and inserting ``one''.

     TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT

SEC. 201. DOMESTIC WORKER STANDARDS BOARD.

    (a) Establishment and Purposes.--The Secretary shall establish a 
board to be known as the ``Domestic Worker Standards Board'' (referred 
to in this section as the ``Board'') to investigate standards in the 
domestic workers industry, and issue recommendations to the Secretary 
under subsection (e)(1), in order to promote the health, safety, and 
well-being of domestic workers.
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 11 
        members, of which--
                    (A) 5 shall be individuals, appointed by the 
                Secretary in accordance with paragraph (2), 
                representing domestic workers;
                    (B) 5 shall be individuals, appointed by the 
                Secretary in accordance with paragraph (3), 
                representing domestic work hiring entities; and
                    (C) 1 shall be an individual appointed by the 
                Secretary who is an expert on the domestic services 
                sector from academia, the nonprofit sector, or a 
                Federal, State, or local governmental agency.
            (2) Domestic workers seats.--
                    (A) In general.--The Secretary shall appoint 
                members of the Board representing domestic workers from 
                among individuals nominated under subparagraph (B) by 
                eligible worker organizations.
                    (B) Selection of eligible worker organizations.--
                The Secretary shall enter into agreements, on a 
                competitive basis, with eligible worker organizations 
                for such organizations to nominate individuals to serve 
                as members of the Board representing domestic workers.
                    (C) Selecting individuals on the board.--For each 
                individual nominated under subparagraph (B), the 
                Secretary shall submit a report to Congress indicating 
                whether the Secretary has decided to appoint the 
                individual to the Board and the reasons for such 
                decision.
                    (D) Definition of eligible worker organization.--In 
                this paragraph, the term ``eligible worker 
                organization'' means an organization that--
                            (i) is not a hiring entity or employment 
                        agency;
                            (ii) represents members of the 
                        organization, including domestic workers;
                            (iii)(I) is described in paragraph (3), 
                        (4), or (5) of section 501(c) of the Internal 
                        Revenue Code of 1986, and exempt from taxation 
                        under section 501(a) of such Code; and
                            (II) is organized and operated for the 
                        betterment of workers, including domestic 
                        workers;
                            (iv) engages in public advocacy to promote 
                        the health and well-being of domestic workers;
                            (v) has a governing structure that promotes 
                        the decision-making power of domestic workers; 
                        and
                            (vi) submits an application to the 
                        Secretary at such time, in such manner, and 
                        containing such information as the Secretary 
                        may reasonably require.
            (3) Domestic work hiring entity seats.--
                    (A) In general.--The Secretary shall appoint 
                members of the Board representing domestic work hiring 
                entities from among individuals nominated by eligible 
                hiring organizations under subparagraph (B).
                    (B) Selection of eligible hiring organizations.--
                The Secretary shall enter into agreements on a 
                competitive basis with eligible hiring organizations 
                for such organizations to nominate individuals to serve 
                as members of the Board representing domestic work 
                hiring entities.
                    (C) Selecting individuals on the board.--
                            (i) In general.--For each individual 
                        nominated under subparagraph (B), the Secretary 
                        shall submit a report to Congress indicating 
                        whether the Secretary has decided to appoint 
                        the individual to the Board and the reasons for 
                        such decision.
                            (ii) Requirements for appointments.--The 
                        Secretary shall ensure that--
                                    (I) not less than 2 seats under 
                                this paragraph are filled by an 
                                individual who contracts with, or 
                                hires, 1 domestic worker to work in the 
                                residence of the individual;
                                    (II) not less than 1 seat under 
                                this paragraph is filled by a 
                                nomination from an eligible hiring 
                                organization that is dedicated to the 
                                well-being of domestic workers;
                                    (III) not less than 1 seat under 
                                this paragraph is filled by an 
                                individual who relies on a personal 
                                care aide or assistant financed through 
                                a State Medicaid program under title 
                                XIX of the Social Security Act (42 
                                U.S.C. 1396 et seq.);
                                    (IV) not less than 1 seat under 
                                this paragraph is filled by an 
                                individual who--
                                            (aa) is an adult family 
                                        member of a Medicaid HCBS-
                                        eligible elderly individual or 
                                        an individual with a 
                                        disability;
                                            (bb) is an informal 
                                        provider of in-home care to 
                                        such Medicaid HCBS-eligible 
                                        elderly individual or 
                                        individual with a disability; 
                                        and
                                            (cc) contracts with, or 
                                        hires, 1 or more domestic 
                                        workers to provide additional 
                                        care for the Medicaid HCBS-
                                        eligible elderly individual or 
                                        individual with a disability;
                                    (V) a single domestic work hiring 
                                entity does not fill more than 1 seat 
                                under this paragraph; and
                                    (VI) any domestic work hiring 
                                entity serving on the Board satisfies 
                                the requirements under clause (iii).
                            (iii) Disclosure of labor violations.--
                                    (I) In general.--The Secretary 
                                shall require that each domestic work 
                                hiring entity that serves on the Board 
                                disclose to the Secretary, with respect 
                                to the preceding 5-year period--
                                            (aa) any administrative 
                                        merits determination, arbitral 
                                        award or decision, or civil 
                                        judgment, rendered against the 
                                        entity for a violation of the 
                                        labor laws listed in subclause 
                                        (II); and
                                            (bb) any steps taken by the 
                                        entity to correct a violation 
                                        of or improve compliance with 
                                        the labor laws listed in 
                                        subclause (II), including any 
                                        agreement entered into with an 
                                        enforcement agency.
                                    (II) Labor laws.--The labor laws 
                                described in this subclause are each of 
                                the following:
                                            (aa) The Fair Labor 
                                        Standards Act of 1938 (29 
                                        U.S.C. 201 et seq.).
                                            (bb) Title VII of the Civil 
                                        Rights Act of 1964 (42 U.S.C. 
                                        2000e et seq.).
                                            (cc) The Occupational 
                                        Safety and Health Act of 1970 
                                        (29 U.S.C. 651 et seq.).
                                    (III) Responsible source.--The 
                                Secretary shall consider information 
                                disclosed by a domestic work hiring 
                                entity under this clause to determine 
                                whether the entity has a satisfactory 
                                record of integrity and business ethics 
                                for purposes of determining whether the 
                                entity shall serve on the Board.
                    (D) Definition of eligible hiring organization.--In 
                this paragraph, the term ``eligible hiring 
                organization'' means an organization that--
                            (i)(I) is an agency employing 2 or more 
                        domestic workers; or
                            (II) is an association of 2 or more 
                        individuals who hire or contract with domestic 
                        workers; and
                            (ii) submits an application to the 
                        Secretary at such time, in such manner, and 
                        containing such information as the Secretary 
                        may reasonably require.
            (4) Chairperson.--The Board shall select a Chairperson from 
        among the members of the Board.
            (5) Executive committee.--The Chairperson shall assign an 
        executive committee of 3 members of the Board, including not 
        less than 1 representative appointed under paragraph (2) and 1 
        representative appointed under paragraph (3). Such executive 
        committee shall establish an agenda and a work plan for the 
        Board.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Board shall serve a term of 2 years.
            (2) Initial members.--The Secretary shall stagger the terms 
        of the Board members such that--
                    (A) 6 of the initial members appointed to the Board 
                serve a term of 4 years, including 3 of the members 
                described in subsection (b)(1)(A) and 3 of the members 
                described in subsection (b)(1)(B); and
                    (B) 5 of the initial members appointed to the Board 
                serve a term of 2 years, including 2 of the members 
                described in subsection (b)(1)(A), 2 of the members 
                described in subsection (b)(1)(B), and the member 
                described in subsection (b)(1)(C).
            (3) Vacancies.--
                    (A) In general.--A vacancy on the Board--
                            (i) shall not affect the powers of the 
                        Board; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made and shall be 
                        subject to any conditions that applied with 
                        respect to the original appointment.
                    (B) Filling unexpired terms.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
                    (C) Presumption.--If a member of the Board is 
                unable to fill the duties of the member in serving on 
                the Board, or leaves the domestic service industry, for 
                a period that exceeds 90 days while serving on the 
                Board, the seat of the member shall be considered a 
                vacancy for purposes of this paragraph.
    (d) Meetings.--
            (1) In general.--The Board shall meet at the call of the 
        Chairperson.
            (2) Public notice.--The call of the Chairperson under 
        paragraph (1) shall include notice to the public of the 
        meeting.
            (3) Initial meeting.--Not later than 90 days after the date 
        on which all members of the Board have been appointed, the 
        Board shall hold the initial meeting of the Board.
    (e) Standards.--
            (1) Process for recommending standards.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and every 3 years 
                thereafter, the Board shall issue recommendations to 
                the Secretary for standards that affect the well-being 
                of domestic workers, including recommendations for--
                            (i) workplace standards for domestic 
                        workers, including standards for--
                                    (I) occupational safety and health, 
                                that include the immediate protection 
                                of domestic workers and domestic work 
                                hiring entities from infectious 
                                diseases such as COVID-19;
                                    (II) wages;
                                    (III) hours;
                                    (IV) benefits; and
                                    (V) other matters that impact 
                                working conditions; and
                            (ii) implementing and enforcing the rights 
                        of domestic workers granted under this Act and 
                        other Federal laws, including rights for 
                        minimum wage, health, safety, and other 
                        workplace standards.
                    (B) Voting.--Any decision of the Board regarding a 
                recommendation issued under subparagraph (A) shall be 
                decided through a vote of the Board. In any such vote:
                            (i) Each voting member of the Board shall 
                        have 1 vote.
                            (ii) A quorum of the members of the Board 
                        shall be required to be in attendance at the 
                        vote. A quorum shall not be formed if there are 
                        in attendance fewer than--
                                    (I) 2 members of the Board 
                                described in subsection (b)(1)(A); or
                                    (II) 2 members of the Board 
                                described in subsection (b)(1)(B).
                            (iii) The vote shall be agreed to upon the 
                        affirmative vote of not less than a majority of 
                        the members of the Board present and voting.
            (2) Rulemaking.--
                    (A) Authority.--Subject to requirements under other 
                law and paragraph (3), the Secretary may issue a rule, 
                in accordance with section 553 of title 5, United 
                States Code, regarding any standard recommended by the 
                Board under paragraph (1).
                    (B) Decision.--
                            (i) In general.--Not later than 90 days 
                        after receiving a recommendation from the Board 
                        under paragraph (1), the Secretary shall issue 
                        a decision on--
                                    (I) whether the Secretary will 
                                issue a rule under subparagraph (A) 
                                regarding such recommendation; and
                                    (II) if the Secretary issues such a 
                                rule, whether the Secretary will 
                                deviate from such recommendation 
                                through such rule.
                            (ii) Explanatory statement.--If the 
                        Secretary decides not to issue a rule under 
                        subparagraph (A) regarding a recommendation 
                        under paragraph (1) or decides to deviate from 
                        such recommendation in such a rule, the 
                        Secretary shall have 90 days after receiving 
                        such recommendation to issue a statement 
                        explaining the decision.
                    (C) Workplace standards.--No standard included in a 
                rule issued under subparagraph (A) may be for a 
                workplace standard that is less protective of domestic 
                workers than any law in effect on the date of enactment 
                of this Act for domestic workers under any State or 
                local law.
            (3) Recommendations to congress.--
                    (A) In general.--For any recommendation made by the 
                Board under paragraph (1) that the Secretary determines 
                is not within the authority of the Secretary, the 
                Secretary shall make a recommendation to Congress to 
                take action on the recommendation.
                    (B) Hearing and investigations.--Not later than 1 
                year after such a recommendation is made by the 
                Secretary to Congress under subparagraph (A), Congress 
                shall conduct a hearing on and investigate the 
                recommendation.
                    (C) Rulemaking.--This paragraph is enacted by 
                Congress--
                            (i) as an exercise of the rulemaking power 
                        of the Senate and House of Representatives, 
                        respectively, and as such it is deemed a part 
                        of the rules of each House, respectively, but 
                        applicable only with respect to the procedure 
                        to be followed in that House in the case of a 
                        joint resolution, and it supersedes other rules 
                        only to the extent that it is inconsistent with 
                        such rules; and
                            (ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.
    (f) Powers.--
            (1) Hearings.--
                    (A) In general.--The Board may hold such hearings, 
                meet and act at such times and places, take such 
                testimony, and receive such evidence as the Board 
                considers advisable to carry out this section.
                    (B) Required public hearings.--The Board shall, 
                prior to issuing any recommendation under this section, 
                hold public hearings to enable domestic workers across 
                the United States to have access to the Board. Any such 
                public hearing shall--
                            (i) be held at such a time, in such a 
                        location, and in such a facility that ensures 
                        accessibility for domestic workers;
                            (ii) include interpretation services in the 
                        languages most commonly spoken by domestic 
                        workers in the geographic region of the 
                        hearing;
                            (iii) be held in each of the regions served 
                        by the regional offices of the Wage and Hour 
                        Division of the Department of Labor; and
                            (iv) include worker organizations in 
                        helping to populate the hearings.
            (2) Information from federal agencies.--
                    (A) In general.--The Board may secure directly from 
                a Federal agency such information as the Board 
                considers necessary to carry out this section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Board, the head of the agency shall 
                provide the information to the Board.
            (3) Postal services.--The Board may use the United States 
        mails in the same manner and under the same conditions as other 
        agencies of the Federal Government.
            (4) Gifts.--The Board may accept, use, and dispose of gifts 
        or donations of services or property.
    (g) Board Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the Board 
                who is not an officer or employee of the Federal 
                Government shall be compensated at a rate equal to the 
                daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the Board.
                    (B) Federal employees.--A member of the Board who 
                is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Board may, 
                without regard to the civil service laws (including 
                regulations), appoint and terminate an executive 
                director and such other additional personnel as are 
                necessary to enable the Board to perform the duties of 
                the Board.
                    (B) Required staff members.--The Secretary shall, 
                in accordance with subparagraph (A), designate no fewer 
                than 2 full-time staff members to support the operation 
                of the Board through logistical, administrative, and 
                legislative activities.
                    (C) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Board.
                    (D) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Board may 
                        fix the compensation of the executive director 
                        and other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Board without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Board may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) Rule of Construction for Reporting Requirements.--
            (1) In general.--Neither the nomination by an eligible 
        worker organization of 1 or more individuals to serve as 
        members of the Board, nor service on the Board by a 
        representative of an eligible worker organization, shall--
                    (A) make the eligible worker organization subject 
                to the reporting requirements for labor organizations 
                under title II of the Labor-Management Reporting and 
                Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
                    (B) be considered as a factor in any determination 
                of whether the eligible worker organization is subject 
                to such reporting requirements.
            (2) LMRDA requirements.--The status of an organization as 
        an eligible worker organization shall not, by itself, make the 
        organization subject to any reporting requirements under the 
        Labor-Management Reporting and Disclosure Act of 1959 (29 
        U.S.C. 401 et seq.).
            (3) Definition of eligible worker organization.--For 
        purposes of this subsection, the term ``eligible worker 
        organization'' has the meaning given such term in subsection 
        (b)(2)(D).
    (i) Prohibited Acts.--No domestic work hiring entity may take any 
action prohibited under paragraph (7) of section 117(b) with respect to 
a domestic worker participating as a member of, or taking an action 
described in paragraph (8) of such section with respect to, the Board.
    (j) Rule of Construction for State and Local Standards.--Nothing in 
this section shall preempt a State or local law with greater 
protections for domestic workers than the protections for such workers 
included in a standard issued through a rule under subsection (e)(2).
    (k) Effect on Existing Domestic Worker Benefits.--
            (1) More protective.--Nothing in this section shall be 
        construed to diminish the obligation of a domestic work hiring 
        entity to comply with any contract, collective bargaining 
        agreement, or any domestic worker benefit program or plan that 
        provides greater rights or benefits to domestic workers than 
        the rights established under this Act.
            (2) Less protective.--The rights established for domestic 
        workers under this section shall not be diminished by any 
        contract, collective bargaining agreement, or any benefit 
        program or plan.

SEC. 202. DOMESTIC WORKERS' BENEFITS STUDY.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a study, which 
        may be through a contract with another entity, for the purpose 
        of providing information to labor organizations, domestic work 
        hiring entities, and the general public concerning how to 
        increase the number of domestic workers who have access to a 
        secure retirement, affordable health care, unemployment 
        insurance, life insurance, and other common benefits provided 
        to employees of large private and public sector employers.
            (2) Matters.--The study conducted under paragraph (1) shall 
        include--
                    (A) a review of--
                            (i) the levels of access to and usage of 
                        benefits for domestic workers, including 
                        retirement savings, health insurance, and 
                        reduced health care costs, paid sick time, 
                        unemployment insurance, disability and life 
                        insurance, and paid family and medical leave;
                            (ii) barriers for domestic workers to--
                                    (I) participate in the old-age, 
                                survivors, and disability insurance 
                                program established under title II of 
                                the Social Security Act (42 U.S.C. 401 
                                et seq.);
                                    (II) obtain disability insurance;
                                    (III) access and use benefits, 
                                including the old-age, survivors, and 
                                disability insurance program 
                                established under title II of the 
                                Social Security Act (42 U.S.C. 401 et 
                                seq.), the Medicare program established 
                                under title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.), 
                                the Medicaid program established under 
                                title XIX of that Act (42 U.S.C. 1396 
                                et seq.), unemployment insurance, any 
                                benefits provided under the Patient 
                                Protection and Affordable Care Act 
                                (Public Law 111-148), including the 
                                amendments made by that Act, paid 
                                family and medical leave, paid sick 
                                time, and any additional benefits 
                                identified by the Secretary, including 
                                such benefits that are portable from 
                                job to job;
                                    (IV) otherwise access affordable 
                                health insurance; and
                                    (V) access any other benefits 
                                described in clause (i);
                            (iii) the portability of work-related 
                        benefits for domestic workers and the laws, 
                        including regulations, preventing innovation 
                        and improvement in the portability of such 
                        benefits; and
                            (iv) whether domestic workers benefitted 
                        from the emergency family and medical leave and 
                        emergency paid sick leave provisions under the 
                        Families First Coronavirus Response Act (Public 
                        Law 116-127), including the amendments made by 
                        that Act, and lessons learned from the 
                        implementation of these provisions;
                    (B) an identification and analysis of State and 
                nongovernmental innovations that can serve as potential 
                replicable models on the national level to increase 
                access to work-related benefits for domestic workers, 
                through portability, outreach, enrollment, and other 
                strategies;
                    (C) a comparison of the ability of domestic workers 
                to access, be eligible for, and participate in public 
                and private sector work-related benefits compared to 
                such ability of other workers;
                    (D) a study on the coverage of domestic workers 
                under State workers' compensation laws, including in 
                all 50 States, the District of Columbia, and 
                territories of the United States; and
                    (E) recommendations for innovations and reforms 
                that would--
                            (i) ensure domestic workers could--
                                    (I) access and use benefits, 
                                including the old-age, survivors, and 
                                disability insurance program 
                                established under title II of the 
                                Social Security Act (42 U.S.C. 401 et 
                                seq.), the Medicare program established 
                                under title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.), 
                                the Medicaid program established under 
                                title XIX of that Act (42 U.S.C. 1396 
                                et seq.), unemployment insurance, any 
                                benefits provided under the Patient 
                                Protection and Affordable Care Act 
                                (Public Law 111-148), including the 
                                amendments made by that Act, paid 
                                family and medical leave, paid sick 
                                time, and any additional benefits 
                                identified by the Secretary, including 
                                such benefits that are portable from 
                                job to job; and
                                    (II) have contributions for the 
                                benefits described in subclause (I) 
                                from multiple hiring entities as 
                                applicable;
                            (ii) provide adequate levels of such 
                        benefits for domestic workers; and
                            (iii) enable a domestic worker to have 
                        access to such benefits through multiple jobs 
                        the worker may have.
    (b) Report.--Not later than 15 months after the date of enactment 
of this Act, the Secretary shall submit to the President and Congress a 
report on the study conducted under subsection (a) that includes each 
of the following:
            (1) The findings and conclusions of the study, including 
        its findings and conclusions with respect to the matters 
        described in subsection (a)(2).
            (2) Considerations for laws, including regulations, that 
        should be reviewed to address barriers impacting domestic 
        workers.
            (3) Other information and recommendations with respect to 
        benefits for domestic workers as the Secretary considers 
        appropriate.

SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS FOR DOMESTIC WORKERS.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, in consultation with the Secretary of Education and 
        the Secretary of Health and Human Services.
            (2) Supportive services; training services; workforce 
        investment activities.--The terms ``supportive services'', 
        ``training services'', and ``workforce investment activities'' 
        have the meanings given the terms in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
    (b) National Grant Program for Domestic Workers.--Every 3 years, 
the Secretary shall, on a competitive basis, make grants to, or enter 
into contracts with, eligible entities to carry out the activities 
described in subsection (d). The Secretary shall make the grants, or 
enter into the contracts, for periods of 4 years.
    (c) Eligibility.--
            (1) Eligible entities.--
                    (A) In general.--Subject to subparagraph (B), to be 
                eligible to receive a grant or enter into a contract 
                under this section, an entity shall be--
                            (i)(I) a nonprofit organization that is 
                        described in paragraph (3), (5), or (6) of 
                        section 501(c) of the Internal Revenue Code of 
                        1986, and exempt from taxation under section 
                        501(a) of such Code;
                            (II) an organization with a board of 
                        directors, at least one-half of the members of 
                        which is comprised of--
                                    (aa) domestic workers; or
                                    (bb) representatives of an 
                                organization of such workers, which 
                                organization is independent from all 
                                businesses, organizations, 
                                corporations, or individuals that would 
                                pursue any financial interest in 
                                conflict with that of the workers;
                            (III) an organization that is independent 
                        as described in subclause (II)(bb); and
                            (IV) an organization that has expertise in 
                        domestic work and the workforce of domestic 
                        workers;
                            (ii) an eligible provider of training 
                        services listed pursuant to section 122(d) of 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3152(d)); or
                            (iii) an entity that carries out a program 
                        registered under the Act of August 16, 1937 
                        (commonly known as the ``National 
                        Apprenticeship Act''; 50 Stat. 664, chapter 
                        663; 29 U.S.C. 50 et seq.).
                    (B) Eligible entity that trains personal care aides 
                or assistants.--In the case of an entity that plans to 
                use a grant or cooperative agreement under this section 
                to train personal care aides or assistants, such entity 
                shall, to be eligible for such grant or contract, 
                partner with individuals with disabilities or 
                organizations that represent individuals with 
                disabilities.
            (2) Program plan.--
                    (A) In general.--To be eligible to receive a grant 
                or enter into a contract under this section, an entity 
                described in paragraph (1) shall submit to the 
                Secretary of Labor a plan that describes a 4-year 
                strategy for meeting the needs of domestic workers in 
                the area to be served by such entity.
                    (B) Contents.--Such plan shall--
                            (i) describe the domestic worker population 
                        to be served and identify the needs of the 
                        population to be served for workforce 
                        investment activities and related assistance, 
                        which may include employment and supportive 
                        services;
                            (ii) identify the manner in which career 
                        pathways to be provided will strengthen the 
                        ability of the domestic workers to be served to 
                        obtain or retain employment and to improve 
                        wages or working conditions, including improved 
                        employment standards and opportunities in the 
                        field of domestic work;
                            (iii) specifically address how the funding 
                        provided through the grant or contract for 
                        services under this section to domestic workers 
                        will improve wages and skills for domestic 
                        workers in a way that helps meet the need to 
                        recruit workers for and retain workers in in-
                        demand occupations or careers; and
                            (iv) in the case of an entity that plans to 
                        serve domestic workers who are personal care 
                        aides or assistants through the grant or 
                        contract, provide an assurance that the 
                        workforce investment activities and related 
                        assistance carried out under this section will 
                        include relevant training for such domestic 
                        workers--
                                    (I) regarding the rights of 
                                recipients of home and community based 
                                services, including the rights of such 
                                recipients to--
                                            (aa) receive services in 
                                        integrated settings that 
                                        provide access to the broader 
                                        community;
                                            (bb) exercise self-
                                        determination;
                                            (cc) be free from all forms 
                                        of abuse, neglect, or 
                                        exploitation; and
                                            (dd) receive person-
                                        centered planning and 
                                        practices, including through 
                                        the participation of such 
                                        recipients in planning 
                                        activities;
                                    (II) to ensure that each 
                                participant of such training has the 
                                necessary skills to recognize abuse and 
                                understand their obligations with 
                                regard to reporting and responding to 
                                abuse appropriately in accordance with 
                                relevant Federal and State law; and
                                    (III) regarding the provision of 
                                culturally competent and disability-
                                competent supports to recipients of 
                                services provided by personal care 
                                aides or assistants.
            (3) Awards and administration.--The grants and contracts 
        under this subsection shall be awarded by the Secretary using 
        full and open competitive procedures and shall be administered 
        by the Secretary.
    (d) Authorized Activities.--Funds made available under this section 
shall be used to carry out workforce investment activities and provide 
related assistance for domestic workers, which may include--
            (1) outreach, employment, training services, educational 
        assistance, digital literacy assistance, English language and 
        literacy instruction, worker safety training, supportive 
        services, school dropout prevention and recovery activities, 
        individual career services, and career pathways;
            (2) follow-up services for those individuals placed in 
        employment;
            (3) development or education as needed by eligible 
        individuals as identified;
            (4) customized career and technical education in 
        occupations that will lead to higher wages, enhanced benefits, 
        and long-term employment in domestic work or another area; and
            (5) the creation or maintenance of employment and training-
        related placement services, including digital placement 
        services.
    (e) Funding Allocation.--From the funds appropriated and made 
available to carry out this section, the Secretary shall reserve not 
more than 1 percent for discretionary purposes related to carrying out 
this section, such as providing technical assistance to eligible 
entities.
    (f) Eligible Provider Performance Reports.--Each eligible entity 
shall prepare performance reports to report on outcomes achieved by the 
programs of workforce investment activities and related assistance 
carried out under this section. The performance report for an eligible 
entity shall include, with respect to each such program (referred to in 
this subsection as a ``program of study'') of such provider--
            (1) information specifying the levels of performance 
        achieved with respect to the primary indicators of performance 
        described in subclauses (I) through (V) of section 
        116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3141(b)(2)(A)(i)) with respect to all individuals 
        engaging in the program of study;
            (2) the total number of individuals exiting from the 
        program of study;
            (3) the total number of participants who received training 
        services through the program;
            (4) the total number of participants who exited from 
        training services, disaggregated by the type of entity that 
        provided the training services, during the most recent program 
        year and the 3 preceding program years;
            (5) the average cost per participant for the participants 
        who received training services, disaggregated by the type of 
        entity that provided the training services, during the most 
        recent program year and the 3 preceding program years; and
            (6) information on indicators specified by the Secretary 
        concerning the impact of the training services on the wages, 
        skills, recruitment, and retention of participants.

SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING STANDARDS, AND 
              APPRENTICESHIPS FOR DOMESTIC WORKERS.

    (a) Definition.--In this section, the term ``Secretary'' means the 
Secretary of Labor, acting in consultation with the Secretary of 
Education and the Secretary of Health and Human Services.
    (b) Preparation.--
            (1) In general.--The Secretary shall conduct an interim 
        study and a final study regarding the development of career 
        pathways, national training standards, registered 
        apprenticeship programs, and credentials for domestic workers 
        who work in health care.
            (2) Contents.--The study required under paragraph (1) 
        shall--
                    (A)(i) examine how the establishment or expansion 
                of career pathways, national training standards, 
                registered apprenticeship programs, or credentials 
                could enable the Nation to meet the growing demand for 
                domestic workers; and
                    (ii) make recommendations on whether and, if so, 
                how that establishment could improve wages and working 
                conditions across the domestic worker industry;
                    (B)(i) examine how the creation or expansion of 
                registered apprenticeship programs for domestic 
                workers, including such programs conducted at work 
                sites of domestic workers and such programs that use 
                peer educators and peer mentors for such workers, could 
                improve opportunities for such workers; and
                    (ii) make recommendations on whether and, if so, 
                how, that creation or expansion could improve wages and 
                working conditions across the domestic worker industry; 
                and
                    (C) examine whether any amendments to the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) 
                after the date of enactment of this Act should include 
                assistance, through grants and contracts, specifically 
                for domestic workers to improve outreach, training, 
                education, and other assistance and support activities 
                for such workers.
            (3) Consultation.--The study under paragraph (1) shall be 
        conducted in consultation with representatives of domestic 
        workers, experts in the field of domestic work, and domestic 
        worker-led organizations.
    (c) Submission of Reports.--
            (1) Interim report.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall prepare and 
        submit to Congress an interim report containing the findings of 
        the interim study under subsection (b).
            (2) Final report.--Not later than 18 months after the date 
        of enactment of this Act, the Secretary shall prepare and 
        submit to Congress a final report containing the findings of 
        the final study under subsection (b).

    TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Domestic workers bill of rights.--The term ``domestic 
        workers bill of rights''--
                    (A) means the rights and protections provided to 
                domestic workers under this Act, and the amendments 
                made by this Act, including (as applicable)--
                            (i) coverage under the overtime 
                        requirements of section 7 of the Fair Labor 
                        Standards Act of 1938 (29 U.S.C. 207);
                            (ii) the right of live-in domestic 
                        employees to certain notices and communications 
                        under section 8 of such Act (29 U.S.C. 208);
                            (iii) any minimum wage for domestic workers 
                        that may be established pursuant to a 
                        recommendation to Congress under section 
                        201(e)(3);
                            (iv) the protection against retaliation 
                        under section 15(a)(3) of the Fair Labor 
                        Standards Act of 1938 (29 U.S.C. 215(a)(3));
                            (v) the applicability of title VII of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000a et 
                        seq.) to employers of 1 or more employees;
                            (vi) the labor rights and privacy 
                        protections provided to domestic workers under 
                        subtitle B of title I, including--
                                    (I) the right to a written 
                                agreement under section 110;
                                    (II) the right to earned paid sick 
                                time provided under section 111;
                                    (III) the fair scheduling practices 
                                required under section 112;
                                    (IV) the right to request and 
                                receive temporary changes to scheduled 
                                work hours for certain personal events 
                                under section 113;
                                    (V) the privacy protections under 
                                section 114;
                                    (VI) the right to meal and rest 
                                breaks in accordance with section 115;
                                    (VII) the protection from wage 
                                deductions for cash shortages, 
                                breakages, or loss under subsection (a) 
                                of section 116 and wage deductions or 
                                other penalties for communications 
                                described in subsection (b) of such 
                                section; and
                                    (VIII) the protection against 
                                retaliation under section 117(b); and
                            (vii) the availability of--
                                    (I) safety data sheets for 
                                household cleaning supplies in 
                                accordance with the consumer product 
                                safety standard promulgated by the 
                                Consumer Product Safety Commission 
                                under section 7 of the Consumer Product 
                                Safety Act (15 U.S.C. 2056) and section 
                                122(a);
                                    (II) educational materials from the 
                                National Institute for Occupational 
                                Safety and Health relating to the 
                                health and safety of domestic workers 
                                who provide child care or cleaning 
                                services under section 122(b); and
                                    (III) the national domestic worker 
                                hotline supported under section 121, 
                                including the phone number and other 
                                contact methods for the hotline; and
                    (B) includes any rules promulgated by the Secretary 
                under this Act, or the amendments made by this Act, and 
                any standard recommended by the Board that is 
                promulgated as such a rule or otherwise implemented by 
                the Secretary.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an organization described in paragraph (3), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from taxation under section 
                501(a) of such Code that--
                            (i) has a board of directors, at least one-
                        half of the members of which is comprised of--
                                    (I) domestic workers; or
                                    (II) representatives of 
                                organizations of such workers, which 
                                organization is independent from all 
                                businesses, organizations, 
                                corporations, or individuals that would 
                                pursue any financial interest in 
                                conflict with that of the workers;
                            (ii) is independent, as described in clause 
                        (i)(II);
                            (iii) has expertise in domestic service and 
                        the workforce of domestic workers, and has a 
                        track record of working with domestic workers; 
                        and
                            (iv) operates in a jurisdiction with a 
                        significant population of domestic workers; or
                    (B) a partnership of organizations described in 
                subparagraph (A).
            (3) Notice of domestic worker rights.--The term ``notice of 
        domestic worker rights'' means the document created and made 
        available by the Secretary under section 302(a).

SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS.

    (a) Providing Notice of Rights to Domestic Workers.--
            (1) Notice of rights.--The Secretary shall create, and make 
        available, a notice of domestic worker rights document that 
        describes the rights and protections provided by the domestic 
        workers bill of rights and any other protections and other 
        rights afforded under Federal law to domestic workers.
            (2) Availability and accessibility of notice.--The notice 
        of domestic worker rights shall be--
                    (A) a written document made available online, 
                including through the website described in subsection 
                (b); and
                    (B) available in English, Spanish, and other 
                languages understood by domestic workers, which shall 
                be determined by the Secretary and include, at a 
                minimum, the translation languages for the basic 
                information fact sheet (or any successor document) 
                produced by the Department of Labor.
    (b) Establishing a Domestic Workers Rights Website.--Not later than 
180 days after the date of enactment of this Act, the Secretary shall 
establish a single web page on the website of the Department of Labor 
that summarizes in plain language the rights of domestic workers under 
the domestic workers bill of rights.

SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS 
              ENFORCEMENT.

    (a) Establishment.--There is established an Interagency Task Force 
on Domestic Workers Bill of Rights Enforcement (referred to in this 
section as the ``Task Force'').
    (b) Members.--The Task Force shall consist of--
            (1) representatives of the Department of Labor selected by 
        the Secretary, including representatives of the Wage and Hour 
        Division, Occupational Safety and Health Administration, and 
        Office of the Solicitor of Labor;
            (2) representatives of the Department of Health and Human 
        Services selected by the Secretary of Health and Human 
        Services, including representatives of the Centers for Medicare 
        and Medicaid Services and the Administration for Community 
        Living; and
            (3) representatives of the Equal Employment Opportunity 
        Commission, selected by the Commission.
    (c) Initial Meeting.--The Task Force shall hold its first meeting 
by not later than 90 days after the date of enactment of this Act.
    (d) Duties.--
            (1) Recommendations regarding workplace challenges.--
        Beginning not later than 180 days after the date of enactment 
        of this Act, the Task Force shall--
                    (A) examine the issues and challenges facing 
                domestic workers who come forward to enforce their 
                workplace rights;
                    (B) identify challenges agencies enforcing these 
                workplace rights have in reaching domestic workers and 
                enforcing, including by conducting hearings in each of 
                the regions served by the regional offices of the Wage 
                and Hour Division of the Department of Labor to hear 
                directly from domestic workers, advocates, and 
                officials or employees of such agencies in the regional 
                and local areas; and
                    (C) develop a set of recommendations, including 
                sample legislative language, on the best enforcement 
                strategies to protect the workplace rights of domestic 
                workers, including--
                            (i) how to reach, and enforce the rights 
                        of, domestic workers who work in private homes;
                            (ii) ways for Federal agencies to work 
                        together or conduct joint enforcement of 
                        workplace rights for domestic workers, as 
                        domestic workers who experience one type of 
                        violation are likely also experiencing other 
                        types of violations; and
                            (iii) ways the Task Force can work with 
                        State and local enforcement agencies on the 
                        enforcement of workplace rights for domestic 
                        workers.
            (2) Report.--By not later than 1 year after the date of the 
        first meeting of the Task Force, the Task Force shall prepare 
        and submit a report to Congress regarding the recommendations 
        described in paragraph (1)(C).
            (3) Joint enforcement.--
                    (A) In general.--For a period of not more than 3 
                years after the date of enactment of this Act, the Task 
                Force shall carry out such actions as the Task Force 
                determines necessary to support joint enforcement by 
                Federal agencies of violations of the rights of 
                domestic workers.
                    (B) Report.--At the end of the 3-year period 
                described in subparagraph (A), the Task Force shall 
                submit a report to Congress regarding the efficacy of 
                joint enforcement.
            (4) Audit of federal enforcement strategies.--By not later 
        than 3 years after the date of enactment of this Act, and every 
        3 years thereafter, the Task Force shall--
                    (A) conduct an audit of the Federal enforcement 
                strategies relating to the rights of domestic workers; 
                and
                    (B) prepare and submit to Congress a report 
                regarding the results of the audit.
            (5) Consultation regarding community-based enforcement 
        demonstration projects.--Upon the request of the Secretary, the 
        Task Force shall review, and provide recommendations regarding, 
        the applications for community-based enforcement grants under 
        section 304.

SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND 
              ENFORCEMENT OF DOMESTIC WORKER RIGHTS.

    (a) Program Authorized.--
            (1) In general.--From amounts made available to carry out 
        this section, the Secretary, after consultation with the 
        Interagency Task Force on Domestic Workers Bill of Rights 
        Enforcement, shall award grants to eligible entities to enable 
        the eligible entities to expand and improve cooperative efforts 
        between Federal agencies and members of the community, in order 
        to--
                    (A) enhance the enforcement of the domestic workers 
                bill of rights and other workplace rights provided to 
                domestic workers under relevant Federal, State, and 
                local laws;
                    (B) educate domestic workers of their rights under 
                the domestic workers bill of rights and other workplace 
                rights under Federal, State, and local laws;
                    (C) educate domestic work hiring entities regarding 
                their responsibilities and obligations under the 
                domestic workers bill of rights and other relevant 
                Federal, State, and local laws; and
                    (D) assist domestic workers in pursuing their 
                workplace rights under the domestic workers bill of 
                rights and other relevant Federal, State, or local 
                laws.
            (2) Duration of grants.--Each grant awarded under this 
        section shall be for a period of not more than 3 years.
    (b) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            (2) Partnership applications.--In the case of an eligible 
        entity that is a partnership, the eligible entity may 
        designate, in the application, a single organization in the 
        partnership as the lead entity for purposes of receiving and 
        disbursing funds.
            (3) Contents.--An application described in paragraph (1) 
        shall include--
                    (A) a description of a plan for the demonstration 
                project that the eligible entity proposes to carry out 
                with a grant under this section, including a long-term 
                strategy and detailed implementation plan that reflects 
                expected participation of, and partnership with, 
                community partners; and
                    (B) information on the training and education that 
                will be provided to domestic workers and domestic work 
                hiring entities under such program.
    (c) Selection.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall award grants under this section on a competitive basis.
            (2) Distribution through regions.--In awarding grants under 
        this section, the Secretary shall ensure that a grant is 
        awarded to an eligible entity in each region represented by a 
        regional office of the Wage and Hour Division of the Department 
        of Labor, to the extent practicable based on the availability 
        of appropriations and the applications submitted.
    (d) Use of Funds.--An eligible entity receiving a grant under this 
section shall use grant funds to develop a community partnership and 
establish and support, through the partnership, 1 or more of the 
following activities:
            (1) Disseminating information and conducting outreach and 
        training to educate domestic workers about the rights and 
        protections provided under the domestic workers bill of rights.
            (2) Conducting educational training for domestic work 
        hiring entities about their obligations under the domestic 
        workers bill of rights.
            (3) Conducting orientations and training jointly with 
        relevant Federal agencies, including the Interagency Task Force 
        established under section 303, regarding the rights and 
        protections provided under the domestic workers bill of rights.
            (4) Providing mediation services between private-pay 
        employers and workers.
            (5) Providing assistance to domestic workers in filing 
        claims relating to violations of the domestic workers bill of 
        rights, either administratively or in court.
            (6) Monitoring compliance by domestic work hiring entities 
        with the domestic workers bill of rights.
            (7) Establishing networks for education, communication, and 
        participation in the community relating to the domestic workers 
        bill of rights.
            (8) Evaluating the effectiveness of programs designed to 
        prevent violations of the domestic workers bill of rights and 
        enforce the domestic workers bill of rights.
            (9) Recruiting and hiring staff and volunteers for the 
        activities described in this subsection.
            (10) Producing and disseminating outreach and training 
        materials.
            (11) Any other activity as the Secretary may reasonably 
        prescribe through notice and comment rulemaking.
    (e) Memoranda of Understanding.--
            (1) In general.--Not later than 60 days after receiving a 
        grant under this section, an eligible entity shall negotiate 
        and finalize with the Secretary a memorandum of understanding 
        that sets forth specific goals, objectives, strategies, and 
        activities that will be carried out under the grant by the 
        eligible entity through a community partnership.
            (2) Signatures.--A representative of the eligible entity 
        receiving a grant (or, in the case of an eligible entity that 
        is a partnership, a representative of each organization in the 
        partnership) and the Secretary shall sign the memorandum of 
        understanding under this subsection.
            (3) Revisions.--A memorandum of understanding under this 
        subsection shall be reviewed and revised by the eligible entity 
        and the Secretary each year for the duration of the grant.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 305. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Labor shall issue a rule to facilitate the use of fiscal 
intermediaries that enable payments between domestic workers and 
domestic work hiring entities, to improve transparency, enforcement, 
and working conditions of domestic workers.

SEC. 306. J-1 VISA PROGRAM.

    (a) Rule of Construction.--Nothing in this Act or the amendments 
made by this Act shall be construed to limit the authority of the 
Secretary of Labor or the States to enforce labor laws, or promulgate 
regulations, with respect to work performed by an individual who is--
            (1) participating in an exchange visitor program described 
        in section 62.31 of title 22, Code of Federal Regulations (or a 
        successor regulation); and
            (2) present in the United States pursuant to a visa issued 
        under section 101(a)(15)(J) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(J)).
    (b) Notification of Rights.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of State and any sponsor 
        designated under subsection (b) of section 62.31 of title 22, 
        Code of Federal Regulations (or a successor regulation), to 
        carry out an au pair program shall--
                    (A) notify each au pair participating in the 
                program of his or her rights under the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 201 et seq.); and
                    (B) provide to each such au pair--
                            (i) a description of the services provided 
                        by the Wage and Hour Division of the Department 
                        of Labor; and
                            (ii) information with respect to the manner 
                        in which the au pair may contact the Department 
                        of Labor to request assistance.
            (2) Applicability of domestic worker requirements.--The 
        notice requirement under paragraph (1) shall be in addition to 
        all other protections or notices that apply to a domestic 
        worker who is also an individual participating in an au pair 
        program.

SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PROVIDE MEDICAID-FUNDED 
              SERVICES.

    (a) Regulations To Apply Domestic Worker Protections and Rights.--
Not later than 1 year after the date of enactment of this Act, the 
Secretary and the Secretary of Health and Human Services jointly shall 
develop and issue the following regulations:
            (1) Regulations regarding the application of the 
        protections and rights afforded to domestic workers including 
        personal care aide or assistants who provide services described 
        in subsection (b) that are funded under the State plan under 
        title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
        or under a waiver of such plan including through a contract or 
        other arrangement with a managed care entity (as defined in 
        section 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 
        1396u-2(a)(1)(B))), to individuals enrolled in such plan or 
        waiver. The regulations issued under this paragraph shall 
        recognize the role of self-directed care for individuals with 
        disabilities and shall--
                    (A) protect, stabilize, and expand the domestic 
                worker and personal care aide or assistant workforce;
                    (B) recognize the role of self-directed care for 
                individuals with disabilities;
                    (C) prohibit States from requiring individuals with 
                disabilities who self-direct their care to use their 
                direct service budget to pay for costs resulting from 
                the application of such protections and rights to 
                domestic workers (such as paid sick time, penalties, or 
                overtime pay) except to the extent that such costs are 
                directly related to the provision of services described 
                in subsection (b) to such individuals;
                    (D) facilitate Federal and State compliance with 
                section 504 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794), the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.), and the holdings of the 
                Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), 
                and companion cases; and
                    (E) prohibit States from reducing the level at 
                which States make medical assistance for the services 
                described in subsection (b) available under the State 
                plan under title XIX of the Social Security Act (42 
                U.S.C. 1396 et seq.) or under a waiver of such plan as 
                a result of the application of protections and rights 
                afforded to domestic workers who provide such services.
            (2) Regulations regarding--
                    (A) mechanisms for States to use to pay for the 
                costs described in paragraph (1)(C), including, to the 
                extent the Secretaries determine appropriate, through 
                the establishment of a dedicated State fund, using 
                funds appropriated to a State agency, and using fiscal 
                intermediaries; and
                    (B) how States may use funds provided as a result 
                of the increased Federal medical assistance percentage 
                for services provided by domestic workers under section 
                1905(jj) of such Act (42 U.S.C. 196d(jj)) (as added by 
                section 401) for such costs.
    (b) Services Described.--The services described in this subsection 
are the following:
            (1) Home health care services authorized under paragraph 
        (7) of section 1905(a) of the Social Security Act (42 U.S.C. 
        1396d(a)).
            (2) Personal care services authorized under paragraph (24) 
        of such section.
            (3) PACE services authorized under paragraph (26) of such 
        section.
            (4) Home and community-based services authorized under 
        subsections (b), (c), (i), (j), and (k) of section 1915 of such 
        Act (42 U.S.C. 1396n), such services authorized under a waiver 
        under section 1115 of such Act (42 U.S.C. 1315), and such 
        services provided through coverage authorized under section 
        1937 of such Act (42 U.S.C. 1396u-7).
            (5) Case management services authorized under section 
        1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) 
        and section 1915(g) of such Act (42 U.S.C. 1396n(g)).
            (6) Rehabilitative services, including those related to 
        behavioral health, described in section 1905(a)(13) of such Act 
        (42 U.S.C. 1396d(a)(13)).
            (7) Such other services specified by the Secretary of 
        Health and Human Services.

SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS.

    (a) In General.--Notwithstanding any other provision of this Act, 
the Secretary shall delay all enforcement relating to the provisions of 
this Act, or the amendments made by this Act, with respect to a 
Federal, State, or local governmental agency, or an entity operating 
under a grant, contract, or other agreement for such agency until the 
day that is 2 years after the date of enactment of this Act.
    (b) Extension Option.--The Secretary may extend the 2-year delay 
period in enforcement under subsection (a) with respect to a Federal, 
State, or local governmental agency, or an entity operating under a 
grant, contract, or other agreement for such agency for an additional 
1-year period, if, through a process established by the Secretary, the 
Secretary determines the delay appropriate. In applying the preceding 
sentence, a delay in issuing the regulations required under section 307 
shall be deemed a reason to extend the delayed enforcement period.
    (c) Delay of Enforcement Through Civil Actions by Domestic Workers 
Providing Services Funded Under Medicaid.--No action may be brought 
under section 118(a)(3) against a domestic work hiring entity that 
receives payment under a State Medicaid plan or waiver under title XIX 
of the Social Security Act for providing any services described in 
section 307(b), until on or after the date that is 2 years after the 
date of enactment of this Act.

                           TITLE IV--FUNDING

SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY 
              DOMESTIC WORKERS.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (b), by striking ``and (ii)'' and 
        inserting ``(ii), and (jj)''; and
            (2) by adding at the end the following new subsection:
    ``(jj) Increased FMAP for Medical Assistance for Services Provided 
by Domestic Workers.--
            ``(1) Amount of increase.--
                    ``(A) In general.--Notwithstanding subsection (b), 
                with respect to amounts expended by a State for medical 
                assistance described in paragraph (2) that is provided 
                by a personal care aide or assistant during a quarter 
                within the twenty-quarter period beginning with the 
                first quarter that begins after the date of enactment 
                of this subsection, the Federal medical assistance 
                percentage for the State and the quarter that applies 
                to such expenditures shall, after application of any 
                increase to the Federal medical assistance percentage 
                for the State and quarter, if applicable, under 
                subsection (y), (z), (aa), or (ii) of this section, 
                section 1915(k), section 6008 of the Families First 
                Coronavirus Response Act, section 9817 of the American 
                Rescue Plan Act, or any other provision of law, be 
                increased by 4 percentage points (not to exceed 100 
                percent).
                    ``(B) Disregard from territorial payment caps.--Any 
                payment made to Puerto Rico, the Virgin Islands, Guam, 
                the Northern Mariana Islands, or American Samoa for 
                expenditures on medical assistance that are subject to 
                the Federal medical assistance percentage increase 
                specified under subparagraph (A) shall not be taken 
                into account for purposes of applying payment limits 
                under subsections (f) and (g) of section 1108.
            ``(2) Medical assistance described.--The medical assistance 
        described in this paragraph is the following:
                    ``(A) Home health care services authorized under 
                paragraph (7) of subsection (a).
                    ``(B) Personal care services authorized under 
                paragraph (24) of such subsection.
                    ``(C) PACE services authorized under paragraph (26) 
                of such subsection.
                    ``(D) Home and community-based services authorized 
                under subsections (b), (c), (i), (j), and (k) of 
                section 1915, such services authorized under a waiver 
                under section 1115, and such services provided through 
                coverage authorized under section 1937.
                    ``(E) Case management services authorized under 
                subsection (a)(19) and section 1915(g).
                    ``(F) Rehabilitative services, including those 
                related to behavioral health, described in subsection 
                (a)(13).
                    ``(G) Such other services specified by the 
                Secretary.
            ``(3) Maintenance of effort requirement.--A State may not 
        receive the increase described in paragraph (1) with respect to 
        a quarter if the eligibility standards, methodologies, or 
        procedures applicable to the provision of medical assistance 
        described in paragraph (2) under the State plan (or waiver of 
        such plan) are more restrictive during such quarter than the 
        eligibility standards, methodologies, or procedures, 
        respectively, applicable to the provision of such assistance 
        under such plan (or waiver) as in effect on the date of 
        enactment of this subsection.
            ``(4) Personal care aide or assistant defined.--In this 
        subsection, the term `personal care aide or assistant' has the 
        meaning given that term in section 3(b)(11) of the Domestic 
        Workers Bill of Rights Act and includes any individual who 
        provides medical assistance described in paragraph (2) for 
        compensation.''.
    (b) Application to CHIP.--Section 2105(a) of the Social Security 
Act (42 U.S.C. 1397ee(a)) is amended by adding at the end the following 
new paragraph:
            ``(5) Child health assistance provided by domestic 
        workers.--
                    ``(A) In general.--Notwithstanding paragraph (1) 
                and subsection (b), the Secretary shall pay to each 
                State with a plan approved under this title, from its 
                allotment under section 2104, an amount, for each 
                quarter within the twenty-quarter period beginning with 
                the first quarter that begins after the date of 
                enactment of this paragraph, equal to the enhanced 
                FMAP, increased by 4 percentage points (not to exceed 
                100 percent) of expenditures in the quarter for child 
                health assistance and pregnancy-related assistance 
                described in subparagraph (B) that are provided under 
                the plan for targeted low-income children and targeted 
                low-income women.
                    ``(B) Child health assistance and pregnancy-related 
                assistance described.--The child health assistance and 
                pregnancy-related assistance described in this 
                subparagraph are the following:
                            ``(i) Home and community-based health care 
                        services and related supportive services under 
                        paragraph (14) of section 2110 (other than 
                        training for family members, and minor 
                        modifications to the home).
                            ``(ii) Rehabilitative services under 
                        paragraph (24) of section 2110.''.

SEC. 402. PROCESS FOR DETERMINING AN INCREASED FMAP TO ENSURE A ROBUST 
              HOMECARE WORKFORCE UNDER MEDICAID.

    (a) Data Collection.--The Secretary of Health and Human Services, 
acting through the Assistant Secretary for Planning and Evaluation 
(referred to in this section as ``ASPE''), shall enter into 
arrangements with States to collect State Medicaid program data on the 
personal care aide or assistant workforce. The data collected under 
such arrangements shall include the following:
            (1) Rates of retention and turnover of personal care aide 
        or assistants by program type and State.
            (2) Causes of such turnover.
            (3) Numbers and types of personal care aide or assistants 
        impacted by this Act and the amendments made by this Act, 
        including, but not limited to, with respect to--
                    (A) personal care aide or assistants providing 
                services to individuals who are enrolled in a State 
                Medicaid program, including, in the case of individuals 
                enrolled under a waiver of such program, the types of 
                waivers involved; and
                    (B) personal care aide or assistants providing 
                services to individuals who are not enrolled in a State 
                Medicaid program.
            (4) Wages earned by personal care aide or assistants in 
        each State.
            (5) Variations in wages across types of employers of 
        personal care aide or assistants.
            (6) Any other such data as ASPE determines relevant to 
        studying how to improve the recruitment and retention of the 
        personal care aide or assistant workforce.
    (b) Proposed FMAP Increase.--
            (1) In general.--Based on the data collected under 
        arrangements entered into under subsection (a), ASPE shall 
        determine a proposed increased FMAP for amounts expended by a 
        State for medical assistance described in section 1905(jj)(2) 
        of the Social Security Act (42 U.S.C. 1396d(jj)(2)) (as added 
        by section 401) under the State Medicaid program that is 
        provided by a personal care aide or assistant.
            (2) Requirements.--The proposed increased FMAP shall be 
        designed to do the following:
                    (A) Provide adequate reimbursement under State 
                Medicaid programs for increased costs for Federal, 
                State, and local changes in wages and benefits for 
                personal care aide or assistants as a result of this 
                Act and the amendments made by this Act.
                    (B) Improve the rates of retention and recruitment 
                of personal care aide or assistants.
                    (C) Ensure the independence and integration of 
                individuals with disabilities who rely on personal care 
                aide or assistants.
            (3) Consultation.--In determining such proposed increased 
        FMAP, ASPE shall consult with the Domestic Worker Wage and 
        Standards Board and shall provide that Board with the 
        opportunity to make formal written comments on ASPE's final 
        proposed increased FMAP before the report required under 
        subsection (c) is submitted to Congress.
    (c) Report.--
            (1) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, ASPE shall submit a report to Congress 
        that includes the following:
                    (A) The proposed increased FMAP determined by ASPE.
                    (B) An explanation of the benefits of using the 
                proposed increased FMAP calculation for--
                            (i) the personal care aide or assistant 
                        workforce; and
                            (ii) elderly individuals and individuals 
                        with disabilities who are provided medical 
                        assistance described in section 1905(jj)(2) of 
                        the Social Security Act (42 U.S.C. 
                        1396d(jj)(2)) (as added by section 401) by a 
                        personal care aide or assistant, as well as to 
                        family caregivers.
                    (C) The written comments, if any, submitted by the 
                Domestic Worker Wage and Standards Board to ASPE prior 
                to the submission of the report.
                    (D) Suggestions for how States and the Federal 
                Government can improve the process of obtaining timely, 
                uniform data under State Medicaid programs regarding 
                the personal care aide or assistant workforce.
                    (E) Methods of ensuring parity in wages and working 
                conditions of domestic workers covered under this bill 
                and workers performing substantially similar Medicaid 
                funded occupations such as in congregate settings.
            (2) Optional addendum.--Not later than 90 days after the 
        report required under paragraph (1) is submitted to Congress, 
        the Domestic Worker Wage and Standards Board may submit an 
        addendum to the report to Congress that contains the Board's 
        views regarding the proposed increased FMAP and report 
        submitted by ASPE.
    (d) Definitions.--In this section:
            (1) Personal care aide or assistant.--The term ``personal 
        care aide or assistant'' has the meaning given that term in 
        section 1905(jj)(4) of the Social Security Act (42 U.S.C. 
        1396d(jj)(4)).
            (2) FMAP.--The term ``FMAP'' means the Federal medical 
        assistance percentage, as defined in section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), as determined without 
        regard to this section.
            (3) State.--The term ``State'' has the meaning given that 
        term in section 1101 of the Social Security Act (42 U.S.C. 
        1301) for purposes of title XIX of that Act.
            (4) State medicaid program.--The term ``State Medicaid 
        program'' means, with respect to a State, the program for 
        medical assistance carried out by a State under a State plan 
        under title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.) and any waiver of that plan.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, and 
the amendments made by this Act, such sums as may be necessary.

                         TITLE V--SEVERABILITY

SEC. 501. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision or 
amendment to other persons or circumstances, shall not be affected.
                                 <all>