[House Report 117-15]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       117-15

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7) TO AMEND THE FAIR 
   LABOR STANDARDS ACT OF 1938 TO PROVIDE MORE EFFECTIVE REMEDIES TO 
VICTIMS OF DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF SEX, 
  AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL 
 (H.R. 1195) TO DIRECT THE SECRETARY OF LABOR TO ISSUE AN OCCUPATIONAL 
 SAFETY AND HEALTH STANDARD THAT REQUIRES COVERED EMPLOYERS WITHIN THE 
 HEALTH CARE AND SOCIAL SERVICE INDUSTRIES TO DEVELOP AND IMPLEMENT A 
    COMPREHENSIVE WORKPLACE VIOLENCE PREVENTION PLAN, AND FOR OTHER 
                                PURPOSES

                                _______
                                

   April 13, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

             Mr. DeSaulnier, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 303]

    The Committee on Rules, having had under consideration 
House Resolution 303, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 7, the 
Paycheck Fairness Act, under a structured rule. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Education and Labor. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and Labor 
now printed in the bill, modified by the amendment printed in 
part A of this report, shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides that following debate, each 
further amendment printed in part B of this report not earlier 
considered as part of amendments en bloc pursuant to section 3 
shall be considered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified in this report equally divided and controlled by the 
proponent and an opponent, may be withdrawn by the proponent at 
any time before the question is put thereon, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question. The resolution provides that at any 
time after debate the chair of the Committee on Education and 
Labor or his designee may offer amendments en bloc consisting 
of further amendments printed in part B of this report not 
earlier disposed of. Amendments en bloc shall be considered as 
read, shall be debatable for 20 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Education and Labor or their designees, shall not 
be subject to amendment, and shall not be subject to a demand 
for division of the question. The rule provides one motion to 
recommit. The resolution provides for consideration of H.R. 
1195, the Workplace Violence Prevention for Health Care and 
Social Service Workers Act, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Education and Labor. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and Labor 
now printed in the bill shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides that following debate, each 
further amendment printed in part C of this report not earlier 
considered as part of amendments en bloc pursuant to section 6 
shall be considered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified in this report equally divided and controlled by the 
proponent and an opponent, may be withdrawn by the proponent at 
any time before the question is put thereon, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question. The resolution provides that at any 
time after debate the chair of the Committee on Education and 
Labor or his designee may offer amendments en bloc consisting 
of further amendments printed in part C of this report not 
earlier disposed of. Amendments en bloc shall be considered as 
read, shall be debatable for 20 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Education and Labor or their designees, shall not 
be subject to amendment, and shall not be subject to a demand 
for division of the question. The resolution provides one 
motion to recommit. The resolution waives all points of order 
against the amendments printed in parts B and C of this report 
or amendments en bloc described in sections 3 and 6 of the 
resolution.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 7 includes a waiver of clause 3(d)(1) of rule XIII, which 
requires the inclusion of committee cost estimate in a 
committee report. A CBO cost estimate on H.R. 7 was not 
available at the time the Committee on Education and Labor 
filed its report; however, the CBO cost estimate was submitted 
for printing in the Congressional Record on April 12.
    Although the resolution waives all points of order against 
provisions in H.R. 7, as amended, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 1195 includes waivers of the following:
           Clause 3(d)(1) of rule XIII, which requires 
        the inclusion of committee cost estimate in a committee 
        report. A CBO cost estimate on H.R. 1195 was not 
        available at the time the Committee on Education and 
        Labor filed its report; however, the CBO cost estimate 
        was submitted for printing in the Congressional Record 
        on April 12.
           Clause 10 of rule XXI, which prohibits 
        consideration of a measure that has a net effect of 
        increasing the deficit or reducing the surplus over the 
        five- or 10-year period.
           Section 425 of the Congressional Budget Act, 
        which prohibits consideration of any legislation that 
        would increase the direct costs of Federal 
        intergovernmental mandates beyond $50,000,000 (adjusted 
        for inflation) unless the legislation provides for new 
        budget authority or the legislation appropriates 
        sufficient funds to cover the new costs.
           Section 302(f)(1) of the Congressional 
        Budget Act, which prohibits consideration of 
        legislation providing new budget authority in excess of 
        a 302(a) or 302(b) allocation of such authority.
           Section 303(a) of the Congressional Budget 
        Act, which prohibits consideration of legislation 
        providing new budget authority for a fiscal year until 
        the budget resolution for that year has been agreed to.
    Although the resolution waives all points of order against 
provisions in H.R. 1195, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in parts B and C of this report or 
against amendments en bloc described in sections 3 and 6 of the 
resolution, the Committee is not aware of any points of order. 
The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 67

    Motion by Mr. Cole to add language to the rule that would 
eliminate the tolling of days for Resolutions of Inquiry. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 68

    Motion by Mr. DeSaulnier to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Yea   Mr. Cole..........................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea   Mrs. Fischbach....................          Nay
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

   SUMMARY OF THE AMENDMENT TO H.R. 7 IN PART A CONSIDERED AS ADOPTED

    1. Scott, Bobby (VA): Clarifies the definition of sex, 
clarifies the Equal Employment Opportunity Commission's 
enforcement authorities with respect to the amendments to the 
Equal Pay Act made under H.R. 7, and makes technical 
corrections.

      SUMMARY OF THE AMENDMENTS TO H.R. 7 IN PART B MADE IN ORDER

    1. Beyer (VA), Leger Fernandez (NM): Requires the EEOC to 
provide for an annual collection of compensation data from 
employers disaggregated by the sex, race, and national origin 
of employees. (10 minutes)
    2. Newman (IL): Requires employers to inform employees of 
their rights established under this act through currently 
required workplace posters and electronically. (10 minutes)
    3. Ocasio-Cortez (NY): Directs the Secretary of Labor to 
establish a program to award contracts and grants for the 
purpose of training employers about the role that salary 
negotiation and other inconsistent wage setting practices can 
have on allowing bias to enter compensation. Specifically, the 
training programs will provide guidance on the structural 
issues and disadvantages women and people of color face. They 
will also assist employers in examining the impact of a range 
of practices on opportunities, including self-auditing to 
identify structural issues that allow bias and inequity to 
enter compensation and internal equity among workers with 
similar skills, effort, responsibility and working conditions--
among other things. (10 minutes)
    4. Stefanik (NY): Revises the bill to provide a safe harbor 
for employers who conduct self-audits to identify and rectify 
potentially unlawful pay disparities and allows for reasonable 
employer defenses against trial lawyer abuses. The amendment 
protects prospective employees from disclosing wage history to 
prevent compounding pay disparities and requires further study 
on the causes and effects of pay disparities between men and 
women. (10 minutes)
    5. Torres, Ritchie (NY): Requires a review on the gender 
wage gap in the teenage workforce. (10 minutes)
    6. Williams (GA): Reestablishes the National Equal Pay 
Enforcement Task Force, a federal interagency task force 
focused on improving compliance, public education, and 
enforcement of equal pay laws. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1195 IN PART C MADE IN ORDER

    1. Brown (MD): States that additional training shall be 
provided for covered employees who work with victims of 
torture, trafficking, or domestic violence. (10 minutes)
    2. Cohen (TN): Adds Alzheimer's and memory care facilities 
as facilities covered by this legislation. (10 minutes)
    3. Delgado (NY): Directs OSHA to prioritize providing 
technical assistance and advice to employers throughout the 
first year of the Act to ensure businesses are in compliance. 
(10 minutes)
    4. Jones, Mondaire (NY): Clarifies that a covered employer 
may consult with experts in workplace violence when developing 
their workplace violence prevention plan. (10 minutes)
    5. Keller (PA), Walberg (MI): Requires OSHA to issue an 
occupational safety and health standard on workplace violence 
prevention for the health care and social service industries 
through the standard rulemaking process. (10 minutes)
    6. Ocasio-Cortez (NY), Wexton (VA): Ensures that nothing in 
this Act shall be construed to limit or diminish any 
protections in relevant Federal, State, or local law related to 
domestic violence, stalking, dating violence, and sexual 
assault. (10 minutes)

       PART A--TEXT OF AMENDMENT TO H.R. 7 CONSIDERED AS ADOPTED

  Page 5, strike line 11 (and redesignate the subsequent 
paragraphs accordingly).
  Page 6, after line 2, insert the following (and redesignate 
the subsequent paragraphs accordingly):
          (2) by striking ``the opposite'' and inserting 
        ``another'';
  Page 9, line 2, strike ``a violation of''.
  Page 10, line 17, insert ``and'' after the semicolon.
  Page 10, line 19, strike the semicolon and all that follows 
through page 11, line 6, and insert a period.
  Page 11, line 7, strike ``Joint enforcement'' in the section 
heading and insert ``Enforcement''.
  Page 11, line 8, strike ``Notwithstanding'' and all that 
follows through ``(29 U.S.C. 206(d))'' on line 17, and insert 
the following: ``The Equal Opportunity Employment Commission 
shall carry out the functions and authorities described in 
section 1 of Reorganization Plan No. 1 of 1978 (92 Stat. 3781; 
5 U.S.C. App.) to enforce and administer the provisions of 
section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(d)), except that the Secretary of Labor, through the Office 
of Federal Contract Compliance Programs, may also enforce this 
provision''.
  Page 12, line 2, strike ``and the Secretary of Labor'' and 
all that follows through ``(1)'' on line 5 and insert the 
following: ``shall issue such regulations as may be necessary 
to explain and implement the standards of such section 6(d). 
The Secretary of Labor may issue regulations to govern 
procedures for enforcement of section 6(d) by the Office of 
Federal Contract Compliance Programs. The Secretary of Labor 
and the Equal Employment Opportunity Commission shall establish 
other coordinating mechanisms as may be necessary''.

           PART B--TEXT OF AMENDMENTS TO H.R. 7 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Beyer of Virginia or 
                 His Designee, Debatable for 10 Minutes

  In subsection (f) as added to section 709 of the Civil Rights 
Act of 1964 by the amendment made by section 7 of the bill, 
strike paragraph (1) and insert the following:
  (1) Not later than 24 months after the date of enactment of 
this subsection, the Commission shall provide for the annual 
collection from employers of compensation data disaggregated by 
the sex, race, and national origin of employees. The Commission 
may also require employers to submit other employment-related 
data (including hiring, termination, and promotion data) so 
disaggregated.
  At the end of subparagraph (2) of subsection (f) as added to 
section 709 of the Civil Rights Act of 1964 by the amendment 
made by section 7 of the bill, strike the last sentence and 
insert the following:
The Commission shall also consider factors including the 
imposition of burdens on employers, the frequency of required 
reports (including the size of employers required to prepare 
reports), appropriate protections for maintaining data 
confidentiality, and the most effective format to report such 
data.
  In paragraph (3) of subsection (f) as added to section 709 of 
the Civil Rights Act of 1964 by the amendment made by section 7 
of the bill, strike ``(3)'' and all that follows through 
subparagraph (C), and insert the following:
  ``(3)(A) For each 12-month reporting period for an employer, 
the data collected under paragraph (1) shall include 
compensation data disaggregated by the categories described in 
subparagraph (E).
  ``(B) For the purposes of collecting the disaggregated 
compensation data described in subparagraph (A), the Commission 
may use compensation ranges reporting--
          ``(i) the number of employees of the employer who 
        earn compensation in an amount that falls within such 
        compensation range; and
          ``(ii) the total number of hours worked by such 
        employees.
  ``(C) If the Commission uses compensation ranges to collect 
the pay data described in subparagraph (A), the Commission may 
adjust such compensation ranges--
          ``(i) if the Commission determines that such 
        adjustment is necessary to enhance enforcement of 
        Federal laws prohibiting pay discrimination; or
          ``(ii) for inflation, in consultation with the Bureau 
        of Labor Statistics.''.
  In subparagraph (D) of subsection (f)(3) as added to section 
709 of the Civil Rights Act of 1964 by the amendment made by 
section 7 of the bill, strike ``shall'' and insert ``may''.
  In subparagraph (G) of subsection (f)(3) as added to section 
709 of the Civil Rights Act of 1964 by the amendment made by 
section 7 of the bill, strike ``annually'' and insert ``at 18-
month intervals''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Newman of Illinois or 
                 Her Designee, Debatable for 10 Minutes

  Page 28, after line 17, insert the following:

SEC. 12. NOTICE REQUIREMENTS.

  (a) In General.--Each employer shall post and keep posted, in 
conspicuous places on the premises of the employer where 
notices to employees are customarily posted, a notice, to be 
prepared or approved by the Equal Employment Opportunity 
Commission and the Secretary of Labor, of the requirements 
described in this Act (or the amendments made by such Act).
  (b) Relation to Existing Notices.--The notice under 
subsection (a) may be incorporated into notices required of the 
employer as of the date of enactment of this Act.
  (c) Digital Notice.--With respect to the notice under 
subsection (a), each employer shall--
          (1) post electronic copies of the notice on an 
        internal website to which employees have access; and
          (2) notify employees on such internal website of the 
        location of the place on the premises where the notice 
        is posted.
  Page 28, beginning on line 18, redesignate sections 12 and 13 
as sections 13 and 14, respectively.
                              ----------                              


 3. An Amendment To Be Offered by Representative Ocasio-Cortez of New 
             York or Her Designee, Debatable for 10 Minutes

  On page 12, after line 15, insert the following:
  (a) Negotiation Bias Training.--
          (1) In general.--The Secretary of Labor shall 
        establish a program to award contracts and grants for 
        the purpose of training employers about the role that 
        salary negotiation and other inconsistent wage setting 
        practices can have on allowing bias to enter 
        compensation.
          (2) Training topics.--Each training program 
        established using funds under section (a) shall include 
        an overview of how structural issues may cause 
        inequitable earning and advancement opportunities for 
        women and people of color and assist employers in 
        examining the impact of a range of practices on such 
        opportunities, including--
                  (A) self-auditing to identify structural 
                issues that allow bias and inequity to enter 
                compensation;
                  (B) recruitment of candidates to ensure 
                diverse pools of applicants;
                  (C) salary negotiations that result in 
                similarly qualified workers entering at 
                different rates of pay;
                  (D) internal equity among workers with 
                similar skills, effort, responsibility and 
                working conditions;
                  (E) consistent use of market rates and 
                incentives driven by industry competitiveness;
                  (F) evaluation of the rate of employee 
                progress and advancement to higher paid 
                positions;
                  (G) work assignments that result in greater 
                opportunity for advancement;
                  (H) training, development and promotion 
                opportunities;
                  (I) impact of mid-level or senior level 
                hiring in comparison to wage rates of incumbent 
                workers;
                  (J) opportunities to win commissions and 
                bonuses;
                  (K) performance reviews and raises;
                  (L) processes for adjusting pay to address 
                inconsistency and inequity in compensation; and
                  (M) other topics that research identifies as 
                a common area for assumptions, bias and 
                inequity to impact compensation.
  On page 12, line 16, strike ``(a)'' and insert ``(b)''.
  On page 13, line 19, strike ``(b)'' and insert ``(c)''.
  On page 14, line 12, strike ``(c)'' and insert ``(d)''.
                              ----------                              


4. An Amendment To Be Offered by Representative Stefanik of New York or 
                 Her Designee, Debatable for 10 Minutes

  Strike all of the bill and insert the following:

SECTION 1. SHORT TITLE.

  This Act may be referred to as the ``Wage Equity Act of 
2021''.

SEC. 2. FINDINGS.

          (1) In 1963, Congress passed on a bipartisan basis 
        the Equal Pay Act of 1963 to prohibit discrimination on 
        account of sex in the payment of wages for equal work 
        performed by employees for employers engaged in 
        commerce or in the production of goods for commerce.
          (2) Following the passage of such Act, in 1964, 
        Congress passed on a bipartisan basis the Civil Rights 
        Act of 1964. Since the passage of both the Equal Pay 
        Act of 1963 and the Civil Rights Act of 1964, women 
        have made significant strides, both in the workforce 
        and in their educational pursuits.
          (3) Prior to the COVID-19 pandemic, there were over 
        77,000,000 women in the workforce, the most in American 
        history. Of the 2,000,000 jobs created in 2019, 53 
        percent went to women. This follows a trend that has 
        been rising for some time. Women are graduating from 
        college at a higher rate than their male counter parts, 
        making up 61 percent of all college degrees conferred 
        in 2018. Additionally, according to a recent survey of 
        working women, more than half are their family's 
        primary breadwinner.
          (4) The COVID-19 pandemic has had a significant 
        impact on working women, resulting in over 2 million 
        women leaving the workforce since February 2020.
          (5) Despite these advances there is still concern 
        among the American public that gender-based wage 
        discrimination has not been eliminated.

SEC. 3. CLARIFYING SEX-BASED DISCRIMINATION PROHIBITION.

  Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)(1)) is amended by inserting ``bona fide business-
related'' after ``any other''.

SEC. 4. JOB AND WAGE ANALYSIS.

  Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216) is amended by adding at the end the following:
  ``(f)(1) An employer shall not be liable in an action brought 
against the employer for a violation of section 6(d) if--
  ``(A) during the period beginning on the date that is 3 years 
before the date on which the action is brought and ending on 
the date that is 1 day before the date on which the action is 
brought, such employer completes a job and wage analysis audit 
to determine whether there are differentials in wage rates 
among such employees that may violate section 6(d);
  ``(B) such employer takes reasonable steps to remedy any such 
differentials; and
  ``(C) such job and wage analysis audit is conducted and such 
reasonable steps are taken in good faith to investigate whether 
any such differentials exist; and
  ``(D) such audit is reasonable in detail and scope with 
respect to the size of the employer.
  ``(2) A job and wage analysis audit under this section and 
remedial action taken in response to the findings of such 
audit--
          ``(A) may only be admissible by the employer for the 
        purposes of showing--
                  ``(i) such audit was conducted; and
                  ``(ii) such reasonable steps were taken; and
          ``(B) shall not be discoverable or admissible for any 
        other purpose in any claim against the employer.
  ``(3) An employer who has not completed a job and wage 
analysis audit under this subsection shall not be subject to a 
negative or adverse inference as a result of not having 
completed such audit.
  ``(4) An employer who has completed a job and wage analysis 
audit that does not meets the requirements of subparagraph (D) 
of paragraph (1) but otherwise meets the requirements of such 
paragraph shall not be liable for liquidated damages under 
section 16(b).
  ``(5) In this section--
          ``(A) the term `job and wage analysis audit' means an 
        audit conducted by the employer for the purpose of 
        identifying wage disparities among employees on the 
        basis of sex; and
          ``(B) the term `reasonable steps', with respect to 
        differentials in wages among employees that may violate 
        section 6(d), means steps that are reasonable to 
        address such differentials taking into account--
                  ``(i) the amount of time that has passed 
                since the date on which the audit was 
                initiated;
                  ``(ii) the nature and degree of progress 
                resulting from such reasonable steps toward 
                compliance with section 6(d) compared to the 
                number of employees with respect to whom a 
                violation may exist and the amount of the wage 
                rate differentials among such employees; and
                  ``(iii) the size and resources of the 
                employer.''.

SEC. 5. WAGE HISTORY; DISCUSSION OF WAGES.

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

``SEC. 8. PROVISIONS RELATING TO WAGE HISTORY AND DISCUSSION OF WAGE.

  ``(a) Requirements and Prohibitions Relating to Wage 
History.--It shall be an unlawful practice for a person after 
the date of enactment of the Wage Equity Act of 2021--
          ``(1) to rely on the wage history of a prospective 
        employee--
                  ``(A) in considering the prospective employee 
                for employment, including by requiring that the 
                wage history of a prospective employee 
                satisfies minimum or maximum criteria as a 
                condition of being considered for employment; 
                or
                  ``(B) in determining the rate of wage for 
                such prospective employee; or
          ``(2) to seek, or to require a prospective employee 
        to disclose, the wage history of such prospective 
        employee.
  ``(b) Voluntary Disclosure Exceptions.--
          ``(1) In general.--Subsection (a)(1) shall not apply 
        with respect to a prospective employee who voluntarily 
        discloses the wage history of such prospective 
        employee.
          ``(2) Wage history verification.--Notwithstanding 
        subsection (a)(2), a person may take actions necessary 
        to verify the wage history of a prospective employee if 
        such wage history is voluntarily disclosed to the 
        person by such prospective employee.
  ``(c) Prior Inquiries.--Subsection (a) shall not apply with 
respect to the wage history of an employee acquired by an 
employer before the date of enactment of the Wage Equity Act of 
2021, including a current employee's wage history with another 
employer that was requested and used to set an employee's 
starting wage before such date and which is embedded in an 
employee's pay and pay increases after such date.
  ``(d) Prohibitions Relating to Discussion of Wages.--Subject 
to subsection (c), it shall be an unlawful practice for an 
employer--
          ``(1) to prohibit an employee from inquiring about, 
        discussing, or disclosing the wage of--
                  ``(A) the employee; or
                  ``(B) any other employee of the employer if 
                such employee has voluntarily disclosed the 
                wage of such employee;
          ``(2) to prohibit an employee from requesting from 
        the employer an explanation of differentials in 
        compensation among employees; or
          ``(3) to take an adverse employment action against an 
        employee for--
                  ``(A) conduct described under paragraphs (1) 
                or (2); or
                  ``(B) encouraging employees to engage in 
                conduct described in such paragraphs.
  ``(e) Limitations Relating to Discussion of Wages.--
          ``(1) Time and place limitations.--An employer may 
        impose reasonable time, place, and manner limitations 
        on conduct described under subsection (c) if such 
        limitations are written and available to each employee.
          ``(2) Involuntary disclosure.--An employer may 
        prohibit an employee from discussing the wages of any 
        other employee if such other employee did not 
        voluntarily disclose such wages to the employee 
        discussing such wages.
  ``(f) Pay Expectation Conversation.--Nothing in this section 
shall be construed to prevent a person from--
          ``(1) inquiring about the pay expectations of a 
        prospective employee; or
          ``(2) providing information to such employee about 
        the compensation and benefits offered in relation to 
        the position.''.
  (b) Definitions.--Section 2 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 202) is amended by adding at the end the 
following:
  ``(z) the term `prospective employee' means an individual who 
took an affirmative step to seek employment with a person and 
who is not currently employed by such person, a parent, 
subsidiary, predecessor, or related company of such person, or 
an employer connected by a purchase agreement with such person; 
and
  ``(aa) the term `wage history' means the wages paid to the 
prospective employee by the prospective employee's current 
employer or any previous employer of such employee.''.
  (c) Retaliation.--Section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
          (1) by inserting ``or prospective employee'' after 
        ``any employee''; and
          (2) by inserting ``or prospective employee'' after 
        ``such employee''.
  (d) Penalty.--
          (1) In general.--Section 16(b) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 216(b)) is amended by 
        inserting ``Any person who violates the provisions of 
        section 8 with respect to an employee or prospective 
        employee shall be liable to such employee in an amount 
        equal to the difference between the amount that the 
        employee or prospective employee would have received 
        but for such violation and the amount received by such 
        employee or prospective employee, and an additional 
        equal amount as liquidated damages.'' after ``tips 
        unlawfully kept by the employer, and in an additional 
        equal amount as liquidated damages.''.
          (2) Civil monetary penalty.--Section 16(e)(2) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) 
        is amended by striking ``6 and 7'' and inserting ``6, 
        7, and 8''.

SEC. 6. NEGOTIATION SKILLS EDUCATION.

  (a) Program Authorized.--
          (1) In general.--The Secretary of Labor, after 
        consultation with the Secretary of Education, is 
        authorized to establish and carry out a grant program.
          (2) Grants.--In carrying out the program under 
        paragraph (1), the Secretary of Labor may make grants 
        on a competitive basis to eligible entities to carry 
        out negotiation skills education programs for the 
        purposes of addressing wage disparities, including 
        through outreach to women and girls.
          (3) Eligible entities.--To be eligible to receive a 
        grant under this subsection, an entity shall be a 
        public agency, such as a State, a local government in a 
        metropolitan statistical area (as defined by the Office 
        of Management and Budget), a State educational agency, 
        or a local educational agency, a private nonprofit 
        organization, or a community-based organization.
          (4) Application.--To be eligible to receive a grant 
        under this subsection, an entity shall submit an 
        application to the Secretary of Labor at such time, in 
        such manner, and containing such information as the 
        Secretary of Labor may require.
          (5) Use of funds.--An entity that receives a grant 
        under this subsection shall use the funds made 
        available through the grant to carry out an effective 
        negotiation skills education program for the purposes 
        described in paragraph (2).
  (b) Incorporating Education Into Existing Programs.--The 
Secretary of Labor and the Secretary of Education shall issue 
regulations or policy guidance that provides for integrating 
the negotiation skills education, to the extent practicable, 
into programs authorized under--
          (1) in the case of the Secretary of Education, the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.), the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2301 et 
        seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 
        et seq.), and other programs carried out by the 
        Department of Education that the Secretary of Education 
        determines to be appropriate; and
          (2) in the case of the Secretary of Labor, the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 
        3101 et seq.), and other programs carried out by the 
        Department of Labor that the Secretary of Labor 
        determines to be appropriate.
  (c) Report.--Not later than 18 months after the date of 
enactment of this Act, and annually thereafter, the Secretary 
of Labor, in consultation with the Secretary of Education, 
shall prepare and submit to Congress a report describing the 
activities conducted under this section and evaluating the 
effectiveness of such activities in achieving the purposes of 
this section.

SEC. 7. GAO STUDY.

  The Comptroller General shall, not later than 180 days after 
the date of the enactment of this Act, submit to Congress a 
study on the causes and effects of--
          (1) wage disparities among men and women;
          (2) with respect to employees that leave the 
        workforce for parental reasons (commonly referred to as 
        the ``Manager's Gap''), the impact on wages and 
        opportunity potential; and
          (3) the disparities in negotiation skills among men 
        and women upon entering the workforce.
                              ----------                              


 5. An Amendment To Be Offered by Representative Torres of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 16, strike line 1 and all that follows through page 18, 
line 6, and insert the following:
  (b) Research on Gender Pay Gap in Teenage Labor Force.--
          (1) Research review.--Not later than 12 months after 
        the date of the enactment of this Act, the Secretary of 
        Labor, acting through the Director of the Women's 
        Bureau, shall conduct a review and develop a synthesis 
        of research on the gender wage gap among younger 
        workers existing as of the date of enactment of this 
        Act, and shall make such review and synthesis available 
        on a publicly accessible website of the Department of 
        Labor.
          (2) Authority to commission studies.--Not later than 
        36 months after the date of the enactment of this Act, 
        the Secretary of Labor, acting through the Director of 
        the Women's Bureau, shall request proposals and 
        commission studies that can advance knowledge on the 
        gender wage gap among younger workers, and shall make 
        such studies available on a publicly accessible website 
        of the Department of Labor.
                              ----------                              


6. An Amendment To Be Offered by Representative Williams of Georgia or 
                 Her Designee, Debatable for 10 Minutes

  Page 27, after line 16, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.

  (a) In General.--There is established the National Equal Pay 
Enforcement Task Force, consisting of representatives from the 
Equal Employment Opportunity Commission, the Department of 
Justice, the Department of Labor, and the Office of Personnel 
Management.
  (b) Mission.--In order to improve compliance, public 
education, and enforcement of equal pay laws, the National 
Equal Pay Enforcement Task Force will ensure that the agencies 
in subsection (a) are coordinating efforts and limiting 
potential gaps in enforcement.
  (c) Duties.--The National Equal Pay Enforcement Task Force 
shall investigate challenges related to pay inequity pursuant 
to its mission in subsection (b), advance recommendations to 
address those challenges, and create action plans to implement 
the recommendations.

         PART C--TEXT OF AMENDMENTS TO H.R. 1195 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Brown of Maryland or 
                 His Designee, Debatable for 10 Minutes

  On page 17, after line 21, insert the following:
                  (D) Additional training shall be provided for 
                each such covered employee whose job 
                circumstances require working with victims of 
                torture, trafficking, or domestic violence.
  Beginning on page 17, line 22, and ending on page 18, line 
13, redesignate subparagraphs (D) through (G) as subparagraphs 
(E) through (H).
                              ----------                              


 2. An Amendment To Be Offered by Representative Cohen of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 3, strike ``and'' and insert ``Alzheimer's and 
memory care facility, and''
                              ----------                              


3. An Amendment To Be Offered by Representative Delgado of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 4, line 6, strike ``and''.
  Page 4, line 12, strike the period and insert ``; and''.
  Page 4, after line 12, insert the following:
                  (C) that provides for a period determined 
                appropriate by the Secretary, not to exceed 1 
                year, during which the Secretary shall 
                prioritize technical assistance and advice 
                consistent with section 21(d) of the 
                Occupational Safety and Health Act of 1970 (29 
                U.S.C. 670(d)) to employers subject to the 
                standard with respect to compliance with the 
                standard.
                              ----------                              


 4. An Amendment To Be Offered by Representative Jones of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 11, line 18, strike ``shall''.
  Page 11, line 19, insert ``shall'' before ``be''.
  Page 11, line 23, insert ``shall'' before ``be''.
  Page 12, line 2, strike ``and'' at the end.
  Page 12, line 3, insert ``shall'' before ``be''.
  Page 12, line 6, strike the period at the end and insert ``; 
and''.
  Page 12, after line 6, insert the following:
                          (iv) may be in consultation with 
                        stakeholders or experts who specialize 
                        in workplace violence prevention, 
                        emergency response, or other related 
                        areas of expertise for all relevant 
                        aspects of the Plan.
                              ----------                              


5. An Amendment To Be Offered by Representative Keller of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Workplace Violence Prevention 
for Health Care and Social Service Workers Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

             TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD

Sec. 101. Final standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.

             TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT

Sec. 201. Application of the workplace violence prevention standard to 
          certain facilities receiving Medicare funds.

            TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD

SEC. 101. FINAL STANDARD.

  (a) In General.--The Secretary of Labor shall promulgate a 
final standard on workplace violence prevention--
          (1) to require certain employers in the healthcare 
        and social service sectors, and certain employers in 
        sectors that conduct activities similar to the 
        activities in the healthcare and social service 
        sectors, to develop and implement a comprehensive 
        workplace violence prevention plan to protect health 
        care workers, social service workers, and other 
        personnel from workplace violence; and
          (2) that may be based on the Guidelines for 
        Preventing Workplace Violence for Healthcare and Social 
        Service Workers published by the Occupational Safety 
        and Health Administration of the Department of Labor in 
        2015 and adhere to the requirements of this title.
  (b) Effective Date of Standard.--The final standard shall--
          (1) take effect on a date that is not later than 60 
        days after promulgation, except that such final 
        standard may include a reasonable phase-in period for 
        the implementation of required engineering controls 
        that take effect after such date; and
          (2) be enforced in the same manner and to the same 
        extent as any standard promulgated under section 6(b) 
        of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 655(b)).
  (c) Educational Outreach.--
          (1) During rulemaking.--During the period beginning 
        on the date the Secretary commences rulemaking under 
        this section and ending on the effective date of the 
        final standard promulgated under this section, the 
        Secretary of Labor shall engage in an educational 
        campaign for covered employees and covered employers 
        regarding workplace violence prevention in health care 
        and social service industries on the materials of the 
        Occupational Safety and Health Administration on 
        workplace violence prevention for such industries.
          (2) Requirements of final standard.--Beginning on the 
        date on which the final standard is promulgated under 
        this section, the Secretary shall engage in an 
        educational campaign for covered employees and covered 
        employers on the requirements of such final standard.

SEC. 102. SCOPE AND APPLICATION.

  In this title:
          (1) Covered facility.--
                  (A) In general.--The term ``covered 
                facility'' means a facility with respect to 
                which the Secretary determines that 
                requirements of the final standard promulgated 
                under section 101(a) would be reasonably 
                necessary or appropriate, and which may include 
                the following:
                          (i) Any hospital, including any 
                        specialty hospital.
                          (ii) Any residential treatment 
                        facility, including any nursing home, 
                        skilled nursing facility, hospice 
                        facility, and long-term care facility.
                          (iii) Any medical treatment or social 
                        service setting or clinic at a 
                        correctional or detention facility.
                          (iv) Any community-based residential 
                        facility, group home, and mental health 
                        clinic.
                          (v) Any psychiatric treatment 
                        facility.
                          (vi) Any drug abuse or substance use 
                        disorder treatment center.
                          (vii) Any independent freestanding 
                        emergency centers.
                          (viii) Any facility described in 
                        subparagraphs (A) through (G) operated 
                        by a Federal Government agency and 
                        required to comply with occupational 
                        safety and health standards pursuant to 
                        section 1960 of title 29, Code of 
                        Federal Regulations (as such section is 
                        in effect on the date of enactment of 
                        this Act).
                  (B) Exclusion.--The term ``covered facility'' 
                does not include an office of a physician, 
                dentist, podiatrist, or any other health 
                practitioner that is not physically located 
                within a covered facility described in 
                subparagraphs (A) through (H) of paragraph (1).
          (2) Covered services.--The term ``covered service''--
                  (A) includes--
                          (i) any services and operations 
                        provided in home health care, home-
                        based hospice, and home-based social 
                        work;
                          (ii) any emergency medical services 
                        and transport, including such services 
                        when provided by firefighters and 
                        emergency responders;
                          (iii) any services described in 
                        clauses (i) and (ii) performed by a 
                        Federal Government agency and required 
                        to comply with occupational safety and 
                        health standards pursuant to section 
                        1960 of title 29, Code of Federal 
                        Regulations (as such section is in 
                        effect on the date of enactment of this 
                        Act); and
                          (iv) any other services and 
                        operations the Secretary determines 
                        should be covered under the standards 
                        promulgated under section 101; and
                  (B) does not include child day care services.
          (3) Covered employer.--
                  (A) In general.--The term ``covered 
                employer'' includes a person (including a 
                contractor, subcontractor, or a temporary 
                service firm) that employs an individual to 
                work at a covered facility or to perform 
                covered services.
                  (B) Exclusion.--The term ``covered employer'' 
                does not include an individual who privately 
                employs a person to perform covered services 
                for the individual or a friend or family member 
                of the individual.
          (4) Covered employee.--The term ``covered employee'' 
        includes an individual employed by a covered employer 
        to work at a covered facility or to perform covered 
        services.

SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.

  Each standard described in section 101 may include the 
following requirements:
          (1) Workplace violence prevention plan.--Not later 
        than 6 months after the date of promulgation of the 
        final standard under section 101(a), a covered employer 
        shall develop, implement, and maintain a written 
        workplace violence prevention plan for covered 
        employees at each covered facility and for covered 
        employees performing a covered service on behalf of 
        such employer, which meets the following:
                  (A) Plan development.--Each Plan shall--
                          (i) subject to subparagraph (D), be 
                        developed and implemented with the 
                        meaningful participation of direct care 
                        employees and, where applicable, 
                        employee representatives, for all 
                        aspects of the Plan;
                          (ii) be applicable to conditions and 
                        hazards for the covered facility or the 
                        covered service, including patient-
                        specific risk factors and risk factors 
                        specific to each work area or unit; and
                          (iii) be suitable for the size, 
                        complexity, and type of operations at 
                        the covered facility or for the covered 
                        service, and remain in effect at all 
                        times.
                  (B) Plan content.--Each Plan shall include 
                procedures and methods for the following:
                          (i) Identification of each individual 
                        or the job title of each individual 
                        responsible for implementation of the 
                        Plan.
                          (ii) With respect to each work area 
                        and unit at the covered facility or 
                        while covered employees are performing 
                        the covered service, risk assessment 
                        and identification of workplace 
                        violence risks and hazards to employees 
                        exposed to such risks and hazards 
                        (including environmental risk factors 
                        and patient-specific risk factors), 
                        which may be--
                                  (I) informed by past violent 
                                incidents specific to such 
                                covered facility or such 
                                covered service; and
                                  (II) conducted with--
                                          (aa) representative 
                                        direct care employees;
                                          (bb) where 
                                        applicable, the 
                                        representatives of such 
                                        employees; and
                                          (cc) the employer.
                          (iii) Hazard prevention, engineering 
                        controls, or work practice controls to 
                        correct, in a timely manner, hazards 
                        that the employer creates or controls 
                        which--
                                  (I) may include security and 
                                alarm systems, adequate exit 
                                routes, monitoring systems, 
                                barrier protection, established 
                                areas for patients and clients, 
                                lighting, entry procedures, 
                                staffing and working in teams, 
                                and systems to identify and 
                                flag clients with a history of 
                                violence; and
                                  (II) shall ensure that 
                                employers correct, in a timely 
                                manner, hazards identified in 
                                the annual report described in 
                                paragraph (5) that the employer 
                                creates or controls.
                          (iv) Reporting, incident response, 
                        and post-incident investigation 
                        procedures, including procedures--
                                  (I) for employees to report 
                                to the employer workplace 
                                violence risks, hazards, and 
                                incidents;
                                  (II) for employers to respond 
                                to reports of workplace 
                                violence;
                                  (III) for employers to 
                                perform a post-incident 
                                investigation and debriefing of 
                                all reports of workplace 
                                violence with the participation 
                                of employees and their 
                                representatives; and
                                  (IV) to provide medical care 
                                or first aid to affected 
                                employees.
                          (v) Procedures for emergency 
                        response, including procedures for 
                        threats of mass casualties and 
                        procedures for incidents involving a 
                        firearm or a dangerous weapon.
                          (vi) Procedures for communicating 
                        with and educating of covered employees 
                        on workplace violence hazards, threats, 
                        and work practice controls, the 
                        employer's plan, and procedures for 
                        confronting, responding to, and 
                        reporting workplace violence threats, 
                        incidents, and concerns, and employee 
                        rights.
                          (vii) Procedures for ensuring the 
                        coordination of risk assessment 
                        efforts, Plan development, and 
                        implementation of the Plan with other 
                        employers who have employees who work 
                        at the covered facility or who are 
                        performing the covered service.
                          (viii) Procedures for conducting the 
                        annual evaluation under paragraph (6).
                  (C) Availability of plan.--Each Plan shall be 
                made available at all times to the covered 
                employees who are covered under such Plan.
                  (D) Clarification.--The requirement under 
                subparagraph (A)(i) shall not be construed to 
                require that all direct care employees and 
                employee representatives participate in the 
                development and implementation of the Plan.
          (2) Violent incident investigation.--
                  (A) In general.--As soon as practicable after 
                a workplace violence incident, of which a 
                covered employer has knowledge, the employer 
                shall conduct an investigation of such 
                incident, under which the employer shall--
                          (i) review the circumstances of the 
                        incident and whether any controls or 
                        measures implemented pursuant to the 
                        Plan of the employer were effective; 
                        and
                          (ii) solicit input from involved 
                        employees, their representatives, and 
                        supervisors, about the cause of the 
                        incident, and whether further 
                        corrective measures (including system-
                        level factors) could have prevented the 
                        incident, risk, or hazard.
                  (B) Documentation.--A covered employer shall 
                document the findings, recommendations, and 
                corrective measures taken for each 
                investigation conducted under this paragraph.
          (3) Education.--With respect to the covered employees 
        covered under a Plan of a covered employer, the 
        employer shall provide education to such employees who 
        may be exposed to workplace violence hazards and risks, 
        which meet the following requirements:
                  (A) Annual education includes information on 
                the Plan, including identified workplace 
                violence hazards, work practice control 
                measures, reporting procedures, record keeping 
                requirements, response procedures, and employee 
                rights.
                  (B) Additional hazard recognition education 
                for supervisors and managers to ensure they can 
                recognize high-risk situations and do not 
                assign employees to situations that predictably 
                compromise their safety.
                  (C) Additional education for each such 
                covered employee whose job circumstances has 
                changed, within a reasonable timeframe after 
                such change.
                  (D) Applicable new employee education prior 
                to employee's job assignment.
                  (E) All education provides such employees 
                opportunities to ask questions, give feedback 
                on such education, and request additional 
                instruction, clarification, or other followup.
                  (F) All education is provided in-person or 
                online and by an individual with knowledge of 
                workplace violence prevention and of the Plan.
                  (G) All education is appropriate in content 
                and vocabulary to the language, educational 
                level, and literacy of such covered employees.
          (4) Recordkeeping and access to plan records.--
                  (A) In general.--Each covered employer 
                shall--
                          (i) maintain at all times records 
                        related to each Plan of the employer, 
                        including workplace violence risk and 
                        hazard assessments, and identification, 
                        evaluation, correction, and education 
                        procedures;
                          (ii) maintain for a minimum of 5 
                        years--
                                  (I) a violent incident log 
                                described in subparagraph (B) 
                                for recording all workplace 
                                violence incidents; and
                                  (II) records of all incident 
                                investigations as required 
                                under paragraph (2)(B); and
                          (iii) make such records and logs 
                        available, upon request, to covered 
                        employees and their representatives for 
                        examination and copying in accordance 
                        with section 1910.1020 of title 29, 
                        Code of Federal Regulations (as such 
                        section is in effect on the date of 
                        enactment of this Act), and in a manner 
                        consistent with HIPAA privacy 
                        regulations (defined in section 
                        1180(b)(3) of the Social Security Act 
                        (42 U.S.C. 1320d-9(b)(3))) and part 2 
                        of title 42, Code of Federal 
                        Regulations (as such part is in effect 
                        on the date of enactment of this part), 
                        and ensure that any such records and 
                        logs removed from the employer's 
                        control for purposes of this clause 
                        omit any element of personal 
                        identifying information sufficient to 
                        allow identification of any patient, 
                        resident, client, or other individual 
                        alleged to have committed a violent 
                        incident (including the person's name, 
                        address, electronic mail address, 
                        telephone number, or social security 
                        number, or other information that, 
                        alone or in combination with other 
                        publicly available information, reveals 
                        such person's identity).
                  (B) Violent incident log description.--Each 
                violent incident log--
                          (i) shall be maintained by a covered 
                        employer for each covered facility 
                        controlled by the employer and for each 
                        covered service being performed by a 
                        covered employee on behalf of such 
                        employer;
                          (ii) may be based on a template 
                        developed by the Secretary not later 
                        than 1 year after the date of 
                        promulgation of the standards under 
                        section 101(a);
                          (iii) may include a description of--
                                  (I) the violent incident 
                                (including environmental risk 
                                factors present at the time of 
                                the incident);
                                  (II) the date, time, and 
                                location of the incident, names 
                                and job titles of involved 
                                employees;
                                  (III) the nature and extent 
                                of injuries to covered 
                                employees;
                                  (IV) a classification of the 
                                perpetrator who committed the 
                                violence, including whether the 
                                perpetrator was--
                                          (aa) a patient, 
                                        client, resident, or 
                                        customer of a covered 
                                        employer;
                                          (bb) a family or 
                                        friend of a patient, 
                                        client, resident, or 
                                        customer of a covered 
                                        employer;
                                          (cc) a stranger;
                                          (dd) a coworker, 
                                        supervisor, or manager 
                                        of a covered employee;
                                          (ee) a partner, 
                                        spouse, parent, or 
                                        relative of a covered 
                                        employee; or
                                          (ff) any other 
                                        appropriate 
                                        classification;
                                  (V) the type of violent 
                                incident (such as type 1 
                                violence, type 2 violence, type 
                                3 violence, or type 4 
                                violence); and
                                  (VI) how the incident was 
                                addressed;
                          (iv) not later than 7 days, depending 
                        on the availability or condition of the 
                        witness, after the employer learns of 
                        such incident, shall contain a record 
                        of each violent incident, which is 
                        updated to ensure completeness of such 
                        record;
                          (v) shall be maintained for not less 
                        than 5 years; and
                          (vi) in the case of a violent 
                        incident involving a privacy concern 
                        case as defined in section 
                        1904.29(b)(7) of title 29, Code of 
                        Federal Regulations (as such section is 
                        in effect on the date of enactment of 
                        this Act), shall protect the identity 
                        of employees in a manner consistent 
                        with that section.
                  (C) Annual summary.--Each covered employer 
                shall prepare an annual summary of each violent 
                incident log for the preceding calendar year 
                that shall--
                          (i) with respect to each covered 
                        facility, and each covered service, for 
                        which such a log has been maintained, 
                        include the total number of violent 
                        incidents, the number of recordable 
                        injuries related to such incidents, and 
                        the total number of hours worked by the 
                        covered employees for such preceding 
                        year;
                          (ii) be completed on a form provided 
                        by the Secretary;
                          (iii) be posted for three months 
                        beginning February 1 of each year in a 
                        manner consistent with the requirements 
                        of section 1904 of title 29, Code of 
                        Federal Regulations (as such section is 
                        in effect on the date of enactment of 
                        this Act), relating to the posting of 
                        summaries of injury and illness logs;
                          (iv) be located in a conspicuous 
                        place or places where notices to 
                        employees are customarily posted; and
                          (v) not be altered, defaced, or 
                        covered by other material by the 
                        employer.
          (5) Annual evaluation.--Each covered employer shall 
        conduct an annual written evaluation, conducted with 
        the full, active participation of covered employees and 
        employee representatives, of--
                  (A) the implementation and effectiveness of 
                the Plan, including a review of the violent 
                incident log; and
                  (B) compliance with education required by 
                each standard described in section 101, and 
                specified in the Plan.
          (6) Anti-retaliation.--
                  (A) Policy.--Each covered employer shall 
                adopt a policy prohibiting any person 
                (including an agent of the employer) from 
                discriminating or retaliating against any 
                employee for reporting, or seeking assistance 
                or intervention from, a workplace violence 
                incident, threat, or concern to the employer, 
                law enforcement, local emergency services, or a 
                government agency, or participating in an 
                incident investigation.
                  (B) Enforcement.--Each violation of the 
                policy shall be enforced in the same manner and 
                to the same extent as a violation of section 
                11(c) of the Occupational Safety and Health Act 
                (29 U.S.C. 660(c)) is enforced.

SEC. 104. RULES OF CONSTRUCTION.

  Notwithstanding section 18 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 667)--
          (1) nothing in this title shall be construed to 
        curtail or limit authority of the Secretary under any 
        other provision of the law;
          (2) the rights, privileges, or remedies of covered 
        employees shall be in addition to the rights, 
        privileges, or remedies provided under any Federal or 
        State law, or any collective bargaining agreement; and
          (3) nothing in this Act shall be construed to limit 
        or prevent health care workers, social service workers, 
        or other personnel from reporting violent incidents to 
        appropriate law enforcement.

SEC. 105. OTHER DEFINITIONS.

  In this title:
          (1) Workplace violence.--
                  (A) In general.--The term ``workplace 
                violence'' means any act of violence or threat 
                of violence, that occurs at a covered facility 
                or while a covered employee performs a covered 
                service.
                  (B) Exclusions.--The term ``workplace 
                violence'' does not include lawful acts of 
                self-defense or lawful acts of defense of 
                others.
                  (C) Inclusions.--The term ``workplace 
                violence'' includes an incident involving the 
                threat or use of a firearm or a dangerous 
                weapon, including the use of common objects as 
                weapons, without regard to whether the employee 
                sustains an injury.
          (2) Type 1 violence.--The term ``type 1 violence''--
                  (A) means workplace violence directed at a 
                covered employee at a covered facility or while 
                performing a covered service by an individual 
                who has no legitimate business at the covered 
                facility or with respect to such covered 
                service; and
                  (B) includes violent acts by any individual 
                who enters the covered facility or worksite 
                where a covered service is being performed with 
                the intent to commit a crime.
          (3) Type 2 violence.--The term ``type 2 violence'' 
        means workplace violence directed at a covered employee 
        by customers, clients, patients, students, inmates, or 
        any individual for whom a covered facility provides 
        services or for whom the employee performs covered 
        services.
          (4) Type 3 violence.--The term ``type 3 violence'' 
        means workplace violence directed at a covered employee 
        by a present or former employee, supervisor, or 
        manager.
          (5) Type 4 violence.--The term ``type 4 violence'' 
        means workplace violence directed at a covered employee 
        by an individual who is not an employee, but has or is 
        known to have had a personal relationship with such 
        employee.
          (6) Alarm.--The term ``alarm'' means a mechanical, 
        electrical, or electronic device that can alert others 
        but does not rely upon an employee's vocalization in 
        order to alert others.
          (7) Engineering controls.--
                  (A) In general.--The term ``engineering 
                controls'' means an aspect of the built space 
                or a device that removes or minimizes a hazard 
                from the workplace or creates a barrier between 
                a covered employee and the hazard.
                  (B) Inclusions.--For purposes of reducing 
                workplace violence hazards, the term 
                ``engineering controls'' includes electronic 
                access controls to employee occupied areas, 
                weapon detectors (installed or handheld), 
                enclosed workstations with shatter-resistant 
                glass, deep service counters, separate rooms or 
                areas for high-risk patients, locks on doors, 
                removing access to or securing items that could 
                be used as weapons, furniture affixed to the 
                floor, opaque glass in patient rooms (which 
                protects privacy, but allows the health care 
                provider to see where the patient is before 
                entering the room), closed-circuit television 
                monitoring and video recording, sight-aids, and 
                personal alarm devices.
          (8) Environmental risk factors.--
                  (A) In general.--The term ``environmental 
                risk factors'' means factors in the covered 
                facility or area in which a covered service is 
                performed that may contribute to the likelihood 
                or severity of a workplace violence incident.
                  (B) Clarification.--Environmental risk 
                factors may be associated with the specific 
                task being performed or the work area, such as 
                working in an isolated area, poor illumination 
                or blocked visibility, and lack of physical 
                barriers between individuals and persons at 
                risk of committing workplace violence.
          (9) Patient-specific risk factors.--The term 
        ``patient-specific risk factors'' means factors 
        specific to a patient that may increase the likelihood 
        or severity of a workplace violence incident, 
        including--
                  (A) a patient's psychiatric condition, 
                treatment and medication status, history of 
                violence, and known or recorded use of drugs or 
                alcohol; and
                  (B) any conditions or disease processes of 
                the patient that may cause the patient to 
                experience confusion or disorientation, to be 
                non-responsive to instruction, or to behave 
                unpredictably.
          (10) Secretary.--The term ``Secretary'' means the 
        Secretary of Labor.
          (11) Work practice controls.--
                  (A) In general.--The term ``work practice 
                controls'' means procedures and rules that are 
                used to effectively reduce workplace violence 
                hazards.
                  (B) Inclusions.--The term ``work practice 
                controls'' includes assigning and placing 
                sufficient numbers of staff to reduce patient-
                specific Type 2 workplace violence hazards, 
                provision of dedicated and available safety 
                personnel such as security guards, employee 
                training on workplace violence prevention 
                method and techniques to de-escalate and 
                minimize violent behavior, and employee 
                education on procedures for response in the 
                event of a workplace violence incident and for 
                post-incident response.

            TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT

SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO 
                    CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.

  (a) In General.--Section 1866 of the Social Security Act (42 
U.S.C. 1395cc) is amended--
          (1) in subsection (a)(1)--
                  (A) in subparagraph (X), by striking ``and'' 
                at the end;
                  (B) in subparagraph (Y), by striking at the 
                end the period and inserting ``; and''; and
                  (C) by inserting after subparagraph (Y) the 
                following new subparagraph:
          ``(Z) in the case of hospitals that are not otherwise 
        subject to the Occupational Safety and Health Act of 
        1970 (or a State occupational safety and health plan 
        that is approved under 18(b) of such Act) and skilled 
        nursing facilities that are not otherwise subject to 
        such Act (or such a State occupational safety and 
        health plan), to comply with the Workplace Violence 
        Prevention Standard (as promulgated under section 101 
        of the Workplace Violence Prevention for Health Care 
        and Social Service Workers Act).''; and
          (2) in subsection (b)(4)--
                  (A) in subparagraph (A), by inserting ``and a 
                hospital or skilled nursing facility that fails 
                to comply with the requirement of subsection 
                (a)(1)(Z) (relating to the Workplace Violence 
                Prevention Standard)'' after ``Bloodborne 
                Pathogens Standard)''; and
                  (B) in subparagraph (B)--
                          (i) by striking ``(a)(1)(U)'' and 
                        inserting ``(a)(1)(V)''; and
                          (ii) by inserting ``(or, in the case 
                        of a failure to comply with the 
                        requirement of subsection (a)(1)(Z), 
                        for a violation of the Workplace 
                        Violence Prevention standard referred 
                        to in such subsection by a hospital or 
                        skilled nursing facility, as 
                        applicable, that is subject to the 
                        provisions of such Act)'' before the 
                        period at the end.
  (b) Effective Date.--The amendments made by subsection (a) 
shall apply beginning on the date that is 1 year after the date 
of issuance of the final standard on workplace violence 
prevention required under section 101.
                              ----------                              


 6. An Amendment To Be Offered by Representative Ocasio-Cortez of New 
             York or Her Designee, Debatable for 10 Minutes

  Page 26, line 25, strike ``and''.
  Page 27, line 4, strike the period and insert ``; and''.
  Page 27, after line 4, insert the following:
          (4) nothing in this Act shall be construed to limit 
        or diminish any protections in relevant Federal, State, 
        or local law related to--
                  (A) domestic violence;
                  (B) stalking;
                  (C) dating violence; and
                  (D) sexual assault.

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