II 

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. LUJA ́N, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Domestic Workers Bill of Rights Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—DOMESTIC WORKER RIGHTS AND PROTECTIONS 


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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 


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Sec. 401. Temporary increase in the Federal medical assistance percentage for 

Medicaid-funded services provided by domestic workers. 

Sec. 402. Process for determining an increased FMAP to ensure a robust 

homecare workforce under Medicaid. 

Sec. 403. Authorization of appropriations. 

TITLE V—SEVERABILITY 

Sec. 501. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) There are an estimated 2,200,000 domestic 

4 workers across the United States working in private 

5 homes to provide home and personal care, child care, 

6 and house-cleaning services. 

7 (2) Domestic work is a job-enabling job that 

8 makes all other work possible. It is labor that cannot 

9 be outsourced to individuals abroad, nor is it close 

10 to being automated. Without the millions of domes11 tic workers caring for children, seniors, and people 

12 with disabilities, and cleaning homes, much of the 

13 economy would come to a standstill. 

14 (3) During the COVID–19 pandemic, domestic 

15 work and other low-wage service jobs, disproportion16 ately held by women, women of color, and immi17 grants, have been deemed essential. This crisis has 

18 shown how essential these jobs have always been to 

19 our economy. At great risk to the health of them20 selves and their families, domestic workers have 

21 worked on the frontlines of the pandemic to provide 


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1 care to those more vulnerable to COVID–19, seniors, 

2 and individuals with disabilities, and have provided 

3 child care for the children of essential workers. A 

4 study of Black immigrant domestic workers con5 ducted by the Institute for Policy Studies and the 

6 National Domestic Workers Alliance in May and 

7 June of 2020 found that 25 percent of workers sur8 veyed experienced or lived with someone who has ex9 perienced COVID–19 symptoms. 73 percent of such 

10 workers surveyed indicated that they did not re11 ceived personal protective equipment (‘‘PPE’’) from 

12 their employers. 

13 (4) Domestic workers experienced a rapid and 

14 sustained loss of jobs during the COVID–19 pan15 demic, which exacerbated the existing financial inse16 curity experienced by many domestic workers. Sur17 veys from the National Domestic Workers Alliance 

18 and NDWA Labs between March and September 

19 2020 found that for 6 consecutive months more than 

20 half of domestic workers surveyed were unable to 

pay their rent or mortgage. Nearly 3 21 ⁄4 of workers 

22 surveyed did not receive any compensation when 

23 their jobs were canceled. 

24 (5) The employment of individuals in domestic 

25 service in households affects commerce, as described 


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1 in section 2(a) of the Fair Labor Standards Act of 

2 1938 (29 U.S.C. 202(a)). 

3 (6) Domestic workers are hired or contacted for 

4 work by phone, mail, or internet, or through news5 paper ads, and travel to work through transpor6 tation on interstate highways, interstate transit, or 

7 vehicles in interstate commerce. 

8 (7) In 2019, the Bureau of Labor Statistics 

9 predicted that between 2019 and 2029— 

10 (A) the number of new jobs for home 

11 health and personal care aides will increase by 

12 34 percent, which is an increase of 1,159,500 

13 jobs and the largest increase in new jobs of any 

14 occupational category during such period; and 

15 (B) the number of new jobs for child care 

16 and house cleaning positions will increase by 6 

17 to 7 percent. 

18 (8) The COVID–19 pandemic has increased the 

19 demand for in-home child care. According to the 

20 Center for Translational Neuroscience, the percent21 age of parents reporting use of home-based child 

22 care has grown since the onset of the pandemic from 

23 27 percent to 31 percent. 

24 (9) An increasing number of workers, including 

25 domestic workers, are finding work on online platVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 forms. An analysis from the JPMorgan Chase Insti2 tute found that between 2013 and 2018, the per3 centage of adults that had earned income from on4 line platforms increased from 0.3 percent to 1.5 per5 cent. 

6 (10) 9 out of 10 domestic workers are women, 

7 and such women are disproportionately people of 

8 color and immigrants. Women, people of color, and 

9 immigrants have historically faced barriers to em10 ployment and economic advancement. According to 

11 the Economic Policy Institute, domestic workers also 

12 tend to be older than other workers. 2 in 5 domestic 

workers are age 50 or older, while just 1 13 ⁄3 of all 

14 other workers are at least 50 years old. 

15 (11) Domestic workers are paid low wages, can 

16 be subjected to workplace health and safety hazards, 

17 and face difficulties saving for retirement. An Eco18 nomic Policy Institute analysis of data from the 

19 Current Population Survey indicates that the aver20 age wage for a domestic worker is approximately 

21 $12 per hour or $15,980 per year if working full22 time. In practice, the average wage for a domestic 

23 worker is less than such approximation given that 

24 domestic work has largely been negotiated in the in25 formal labor market. 


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1 (12) Low-wage workers, including domestic 

2 workers, experience high rates of minimum wage 

3 and overtime violations, violations of laws related to 

4 workers’ compensation and other workplace benefits, 

5 and illegal retaliation. A 2017 study from the Eco6 nomic Policy Institute found that 2,400,000 work7 ers—17 percent of the low-wage workforce—experi8 ences wage theft. A 2009 report from the National 

9 Employment Law Project found that employment in 

10 private homes was one of the 3 industries with the 

11 highest rates of employment and labor law viola12 tions. 

13 (13) A landmark study of domestic workers 

14 published in 2012 by the National Domestic Work15 ers Alliance and the Center for Urban Economic De16 velopment of the University of Illinois at Chicago 

17 Data Center titled ‘‘Home Economics: The Invisible 

18 and Unregulated World of Domestic Work’’ indi19 cated poor working conditions across the domestic 

20 workers industry. The findings of such study in21 cluded that— 

22 (A) domestic workers have little control 

23 over their working conditions, and employment 

24 is usually arranged without a written contract; 


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1 (B) 35 percent of domestic workers inter2 viewed reported that they worked long hours 

3 without breaks in the year immediately pre4 ceding the interview; 

5 (C) 25 percent of live-in domestic workers 

6 had responsibilities that prevented them from 

7 getting at least 5 hours of uninterrupted sleep 

8 at night during the week immediately preceding 

9 the interview; and 

10 (D) 91 percent of domestic workers inter11 viewed who encountered problems with their 

12 working conditions in the year immediately pre13 ceding the interview did not complain about 

14 their working conditions because they were 

15 afraid they would lose their job. 

16 (14) The study described in paragraph (13) 

17 found that domestic workers have little access to 

18 federally supported employment benefits. For in19 stance— 

20 (A) less than 2 percent of such workers re21 ceive retirement or pension benefits, and less 

22 than 9 percent of such workers work for em23 ployers that collect payroll taxes on wages paid 

24 to such workers to provide eligibility for Social 

25 Security benefits; and 


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1 (B) 65 percent of such workers do not 

2 have health insurance, and only 4 percent of 

3 such workers receive employer-provided insur4 ance, despite the fact that domestic work is 

5 hazardous and often results in illness or phys6 ical injuries. 

7 (15) Compounding these challenges is the fact 

8 that many domestic workers have been, and in many 

9 cases continue to be, excluded from key provisions of 

10 labor and employment laws like the Occupational 

11 Health and Safety Act of 1970 (29 U.S.C. 651 et 

12 seq.), and the National Labor Relations Act (29 

13 U.S.C. 151 et seq.). Live-in domestic workers em14 ployed by private households remain excluded from 

15 the overtime protections in the Fair Labor Stand16 ards Act of 1938 (29 U.S.C. 201 et seq.). Minimum 

17 employee threshold rules, misclassification of domes18 tic workers as independent contractors, and exclu19 sion of independent contractors from coverage mean 

20 that most domestic workers are also de facto ex21 cluded from Federal civil rights protections, includ22 ing protections under title VII of the Civil Rights 

23 Act of 1964 (29 U.S.C. 2000e et seq.) and other 

24 laws. 


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1 (16) The International Labour Organization’s 

2 Domestic Workers Convention, adopted in 2011, 

3 calls for domestic workers to have the right to free4 dom of association and collective actions, protections 

5 against harassment, privacy rights, and the right to 

6 be informed of conditions of employment. This Con7 vention also calls for the right of domestic workers 

8 to keep their travel documents, the right to overtime 

9 compensation and rest breaks, the right to minimum 

10 wage coverage, the right to occupational safety and 

11 health protections, and mechanisms to pursue com12 plaints and ensure compliance with the law. 

13 (17) The unique nature of their work, in pri14 vate homes with individuals and families, also often 

15 makes it difficult for domestic workers to use Fed16 eral programs and policies to improve their skills 

17 and training and to join together collectively to ne18 gotiate better pay and working conditions. 

19 (18) Many domestic workers are also vulnerable 

20 to discrimination and sexual harassment. These 

21 issues are further exacerbated by the unique working 

22 conditions faced by domestic workers, such as isola23 tion, poverty, immigration status, the lack of famili24 arity with the law and legal processes, limited netVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 works for support, language barriers, and fear of re2 taliation and deportation. 

3 (19) Millions of older individuals, individuals 

4 with disabilities, and families are increasingly relying 

5 on domestic workers. By bringing domestic work out 

6 of the shadows and creating incentives and invest7 ments that help raise wages and standards for do8 mestic workers, the Federal Government can lift mil9 lions of the most vulnerable workers out of poverty, 

10 reduce turnover due to poor working conditions, 

11 thereby enhancing quality of care, and support the 

12 millions of working and retired people of the United 

13 States who rely on them. 

14 SEC. 3. DEFINITIONS. 

15 (a) FAIR LABOR STANDARDS ACT DEFINITIONS.— 

16 In this Act— 

17 (1) the terms ‘‘commerce’’, ‘‘employ’’, ‘‘em18 ployee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘enterprise en19 gaged in commerce or in the production of goods for 

20 commerce’’, ‘‘goods’’, ‘‘person’’, and ‘‘State’’ have 

21 the meanings given such terms in section 3 of the 

22 Fair Labor Standards Act of 1938 (29 U.S.C. 203); 

23 and 


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1 (2) the term ‘‘regular rate’’ has the meaning 

2 given such term in section 7(e) of such Act (29 

3 U.S.C. 207(e)). 

4 (b) OTHER DEFINITIONS.—In this Act: 

5 (1) CAREER PATHWAY.—The term ‘‘career 

6 pathway’’ has the meaning given such term in sec7 tion 3 of the Workforce Innovation and Opportunity 

8 Act (29 U.S.C. 3102). 

9 (2) CHILD.—The term ‘‘child’’— 

10 (A) means an individual who is under 18 

11 years of age; and 

12 (B) includes an individual described in 

13 subparagraph (A) who is— 

14 (i) a biological, foster, or adopted 

15 child; 

16 (ii) a stepchild; 

17 (iii) a child of a domestic partner; 

18 (iv) a legal ward; or 

19 (v) a child of a person standing in 

20 loco parentis. 

21 (3) DISABILITY.—The term ‘‘disability’’ has the 

22 meaning given the term in section 3 of the Ameri23 cans with Disabilities Act of 1990 (42 U.S.C. 

24 12102). 

25 (4) DOMESTIC PARTNER.— 


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1 (A) IN GENERAL.—The term ‘‘domestic 

2 partner’’, with respect to an individual, means 

3 another individual with whom the individual is 

4 in a committed relationship. 

5 (B) COMMITTED RELATIONSHIP DE6 FINED.—The term ‘‘committed relationship’’ 

7 for purposes of subparagraph (A)— 

8 (i) means a relationship between 2 in9 dividuals, each at least 18 years of age, in 

10 which both individuals share responsibility 

11 for a significant measure of each other’s 

12 common welfare; and 

13 (ii) includes any such relationship be14 tween 2 individuals, including individuals 

15 of the same sex, that is granted legal rec16 ognition by a State or political subdivision 

17 of a State as a marriage or analogous rela18 tionship, including a civil union or domes19 tic partnership. 

20 (5) DOMESTIC SERVICES.—The term ‘‘domestic 

21 services’’— 

22 (A) means services— 

23 (i) of a household nature; 

24 (ii) provided in interstate commerce; 

25 and 


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1 (iii) performed by an individual in or 

2 about a private home (permanent or tem3 porary); and 

4 (B) includes services performed by individ5 uals such as companions, babysitters, cooks, 

6 waiters, butlers, valets, maids, housekeepers, 

7 nannies, nurses, janitors, laundresses, care8 takers, handymen, gardeners, home health 

9 aides, personal care aides or assistants, and 

10 chauffeurs of automobiles for family use. 

11 (6) DOMESTIC WORKER.—The term ‘‘domestic 

12 worker’’— 

13 (A) means, except as provided in subpara14 graph (B), an individual, including an em15 ployee, who is compensated directly or indirectly 

16 for the performance of domestic services; and 

17 (B) does not include— 

18 (i) an individual who is a family mem19 ber, friend, neighbor, or parent of a child 

20 and who provides child care for the child in 

21 the child’s home; 

22 (ii) any individual who is— 

23 (I) an employee of a family child 

24 care provider; or 


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1 (II) a family child care provider; 

2 and 

3 (iii) any employee described in section 

4 13(a)(15) of the Fair Labor Standards Act 

5 of 1938 (29 U.S.C. 213(a)(15)). 

6 (7) DOMESTIC WORK HIRING ENTITY.—The 

7 term ‘‘domestic work hiring entity’’— 

8 (A) means any person who provides com9 pensation directly or indirectly to a domestic 

10 worker for the performance of domestic serv11 ices; and 

12 (B) includes— 

13 (i) a person acting directly or indi14 rectly in the interest of a hiring entity in 

15 relation to a domestic worker; and 

16 (ii) an employer of a domestic worker. 

17 (8) FAMILY CHILD CARE PROVIDER.—The term 

18 ‘‘family child care provider’’ means 1 or more indi19 viduals who provide child care services, in a private 

20 residence other than the residence of the child re21 ceiving the services, for fewer than 24 hours per day 

22 for the child (unless the nature of the work of the 

23 parent of the child requires 24-hour care). 


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1 (9) MEDICAID HCBS-ELIGIBLE ELDERLY INDI2 VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly 

3 individual’’ means an individual who— 

4 (A) is 65 years of age or older; 

5 (B) is eligible for and enrolled for medical 

6 assistance for any of the following services 

7 (whether provided on a fee-for-service, risk, or 

8 other basis) under a State Medicaid program 

9 under title XIX of the Social Security Act (42 

10 U.S.C. 1396 et seq.) (including any waiver or 

11 demonstration under such title or under section 

12 1115 of such Act (42 U.S.C. 1315) relating to 

13 such title), and includes an individual who be14 comes eligible for medical assistance under a 

15 State Medicaid program when removed from a 

16 waiting list: 

17 (i) Home health care services author18 ized under paragraph (7) of section 

19 1905(a) of the Social Security Act (42 

20 U.S.C. 1396d(a)). 

21 (ii) Personal care services authorized 

22 under paragraph (24) of such section. 

23 (iii) PACE services authorized under 

24 paragraph (26) of such section. 


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1 (iv) Home and community-based serv2 ices authorized under subsections (b), (c), 

3 (i), (j), and (k) of section 1915 of such Act 

4 (42 U.S.C. 1396n), such services author5 ized under a waiver under section 1115 of 

6 such Act (42 U.S.C. 1315), and such serv7 ices provided through coverage authorized 

8 under section 1937 of such Act (42 U.S.C. 

9 1396u–7). 

10 (v) Case management services author11 ized under section 1905(a)(19) of the So12 cial Security Act (42 U.S.C. 1396d(a)(19)) 

13 and section 1915(g) of such Act (42 

14 U.S.C. 1396n(g)). 

15 (vi) Rehabilitative services, including 

16 those related to behavioral health, de17 scribed in section 1905(a)(13) of such Act 

18 (42 U.S.C. 1396d(a)(13)). 

19 (vii) Such other services specified by 

20 the Secretary of Health and Human Serv21 ices. 

22 (10) PARENT.—The term ‘‘parent’’, with re23 spect to a parent of a domestic worker, means a bio24 logical, foster, or adoptive parent of a domestic 

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1 in-law of a domestic worker, parent of a domestic 

2 partner of a domestic worker, or a legal guardian or 

3 other person who stood in loco parentis to the do4 mestic worker when the worker was a child. 

5 (11) PERSONAL CARE AIDE OR ASSISTANT.— 

6 The term ‘‘personal care aide or assistant’’ means 

7 an individual who provides personal care services. 

8 (12) PERSONAL CARE SERVICES.—The term 

9 ‘‘personal care services’’ means assistance provided 

10 to an individual who is not an inpatient or resident 

11 of a hospital, nursing facility, intermediate care fa12 cility for individuals with intellectual disabilities, or 

13 institution for mental disease that enables the recipi14 ent to accomplish activities of daily living or instru15 mental activities of daily living. 

16 (13) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Labor. 

18 (14) SELF-DIRECTED CARE.—The term ‘‘self19 directed care’’, with respect to an individual, means 

20 services for the individual that are planned and pur21 chased under the direction and control of the indi22 vidual, including the amount, duration, scope, pro23 vider, and location of the services. 


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1 (15) SHARED LIVING ARRANGEMENT.—The 

2 term ‘‘shared living arrangement’’ means a living ar3 rangement involving— 

4 (A) not more than 2 individuals who are 

5 an individual with a disability or a Medicaid 

6 HCBS-eligible elderly individual, except if 1 or 

7 more of the individuals are related to each 

8 other (by blood or a close association that is 

9 equivalent to a family relationship); 

10 (B) an individual providing services for 

11 compensation and living in the private home of 

12 the recipient of such services; 

13 (C) an individual receiving funding 

14 through a State Medicaid program under title 

15 XIX of the Social Security Act (42 U.S.C. 1396 

16 et seq.), or another publicly funded program; 

17 (D) a stipend or room and board as the 

18 primary form of payment for the individual pro19 viding such services; and 

20 (E) the individual receiving such services 

21 having the final decision regarding who is the 

22 provider of such services living with the indi23 vidual, through a consumer-driven matching 

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1 istrator of the Centers for Medicare & Medicaid 

2 Services, and an assessment of individual com3 patibility. 

4 (16) SPOUSE.—The term ‘‘spouse’’, with re5 spect to a domestic worker, has the meaning given 

6 such term by the marriage laws of the State in 

7 which the marriage was celebrated. 

8 TITLE I—DOMESTIC WORKER 

9 RIGHTS AND PROTECTIONS 

10 Subtitle A—Amendments to the 

11 Fair Labor Standards Act of 1938 

12 SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC 

13 EMPLOYEES. 

14 Section 13(b)(21) of the Fair Labor Standards Act 

15 of 1938 (29 U.S.C. 213(b)(21)) is repealed. 

16 SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION 

17 NOTICES AND COMMUNICATIONS. 

18 (a) IN GENERAL.—The Fair Labor Standards Act of 

19 1938 (29 U.S.C. 201 et seq.) is amended by inserting 

20 after section 7 (29 U.S.C. 207) the following: 

21 ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO22 TICES AND COMMUNICATIONS. 

23 ‘‘(a) DEFINITION OF LIVE-IN DOMESTIC EM24 PLOYEE.—In this section, the term ‘live-in domestic em25 ployee’ means any employee who— 


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1 ‘‘(1) is employed in domestic service in a house2 hold and resides in such household; and 

3 ‘‘(2) in any workweek is engaged in commerce 

4 or in the production of goods for commerce or is em5 ployed in an enterprise engaged in commerce or in 

6 the production of goods for commerce. 

7 ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES8 TIC EMPLOYEES.— 

9 ‘‘(1) IN GENERAL.—If an employer terminates 

10 the employment of a live-in domestic employee, the 

11 employer shall, except as provided in paragraph (3), 

12 provide the live-in domestic employee with— 

13 ‘‘(A) written notice of the termination not 

14 later than 48 hours after such termination; and 

15 ‘‘(B)(i) not less than 30 calendar days of 

16 lodging at— 

17 ‘‘(I) the household premises of the 

18 employer, as customarily provided by the 

19 employer; or 

20 ‘‘(II) another premise of a comparable 

21 lodging condition; or 

22 ‘‘(ii) severance pay in an amount equiva23 lent to the average earnings of the live-in do24 mestic employee for 2 weeks of employment 

25 during the preceding 6 months. 


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1 ‘‘(2) OFF-SITE LODGING OR SEVERANCE.—If an 

2 employer chooses to provide a live-in domestic em3 ployee who is terminated, as described in paragraph 

4 (1), lodging described in paragraph (1)(B)(i)(II) or 

5 severance pay described in paragraph (1)(B)(ii), the 

6 employer shall allow the live-in domestic employee 

7 not less than 48 hours after the notice provided 

8 under paragraph (1)(A) to vacate the household of 

9 the employer. 

10 ‘‘(3) EXCEPTION.— 

11 ‘‘(A) IN GENERAL.—The requirements 

12 under paragraph (1) shall not be required in a 

13 case involving a good faith allegation described 

14 in subparagraph (B) that the live-in domestic 

15 employee has engaged in abuse or neglect, or 

16 caused any other harmful conduct, against the 

17 employer, any member of the family of the em18 ployer, or any individual residing in the house19 hold of the employer. 

20 ‘‘(B) GOOD FAITH ALLEGATIONS.—A good 

21 faith allegation described in this subparagraph 

22 shall be— 

23 ‘‘(i) made in writing and provided to 

24 the employee not later than 48 hours after 


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1 the employer has knowledge of the conduct 

2 of the employee; 

3 ‘‘(ii) supported by a reasonable basis 

4 and belief; and 

5 ‘‘(iii) made without reckless disregard 

6 or willful ignorance of the truth. 

7 ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM8 PLOYEES.— 

9 ‘‘(1) IN GENERAL.—If an employer requires an 

10 employee to be a live-in domestic employee, the em11 ployer shall— 

12 ‘‘(A) provide the employee with the ability, 

13 and reasonable opportunity, to access telephone 

14 and internet services in accordance with para15 graph (2); and 

16 ‘‘(B) without interference by the employer, 

17 permit the employee to send and receive com18 munications by text message, social media, elec19 tronic or regular mail, and telephone calls. 

20 ‘‘(2) TELEPHONE AND INTERNET SERVICES.— 

21 ‘‘(A) EMPLOYER WITH SERVICES.—If an 

22 employer requires an employee to be a live-in 

23 domestic employee and has telephone or inter24 net services for the household of the employer, 

25 the employer shall provide the live-in domestic 


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1 employee with reasonable access to such serv2 ices without charge to the employee. 

3 ‘‘(B) EMPLOYER WITHOUT SERVICES.—If 

4 an employer requires an employee to be a live5 in domestic employee and does not have tele6 phone or internet services for the household of 

7 the employer, the employer— 

8 ‘‘(i) shall provide the live-in domestic 

9 employee with a reasonable opportunity to 

10 access such services at another location; 

11 and 

12 ‘‘(ii) shall not be required to pay for 

13 such services.’’. 

14 (b) CONFORMING AMENDMENT.—Section 10 of the 

15 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re16 pealed. 

17 SEC. 103. ENFORCEMENT. 

18 (a) PROHIBITED ACT.—Section 15(a) of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is 

20 amended— 

21 (1) in paragraph (5), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (2) by adding at the end the following: 


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1 ‘‘(6) to violate any provision of section 8, in2 cluding any regulation or order issued by the Sec3 retary under that section.’’. 

4 (b) PENALTIES.—Section 16 of such Act (29 U.S.C. 

5 216) is amended— 

6 (1) in subsection (b), by inserting ‘‘Any em7 ployer who violates section 8(b) shall be liable to the 

8 employee affected in an amount of severance pay 

9 that is calculated, with respect to the employee, in 

10 accordance with section 8(b)(1)(B)(ii), and in an ad11 ditional equal amount as liquidated damages. Any 

12 employer who violates section 8(c) shall be liable to 

13 the employee affected in an amount that is not to 

14 exceed $2,000 for each violation.’’ after the third 

15 sentence; and 

16 (2) in subsection (c), by adding at the end the 

17 following: ‘‘The authority and requirements de18 scribed in this subsection shall also apply with re19 spect to a violation of section 8, as appropriate, and 

20 the employer shall be liable for the amounts de21 scribed in subsection (b) for violations of such sec22 tion.’’. 

23 (c) INJUNCTION PROCEEDINGS.—Section 17 of the 

24 Fair Labor Standards Act of 1938 (29 U.S.C. 217) is 

25 amended by striking ‘‘(except sums’’ and inserting ‘‘and 


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1 in the case of violations of section 15(a)(6) the restraint 

2 of any withholding of severance pay and other damages 

3 found by the court to be due to employees under this Act 

4 (except, in either case, sums’’. 

5 (d) STATUTE OF LIMITATIONS.—Section 6 of the 

6 Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, 

7 in the matter preceding subsection (a), by inserting ‘‘(and 

8 any cause of action to enforce section 8 of such Act)’’ after 

9 ‘‘under the Fair Labor Standards Act of 1938, as amend10 ed’’. 

11 Subtitle B—Domestic Worker 

12 Rights 

13 SEC. 110. WRITTEN AGREEMENTS. 

14 (a) COVERED DOMESTIC WORKER.—In this section, 

15 the term ‘‘covered domestic worker’’ means any domestic 

16 worker to whom the domestic work hiring entity expects 

17 to provide compensation for the performance of domestic 

18 services by the domestic worker for not less than 8 hours 

19 per week. 

20 (b) REQUIREMENT.—Each domestic work hiring enti21 ty shall provide a written agreement in accordance with 

22 this section to each covered domestic worker hired by the 

23 entity. 

24 (c) WRITTEN AGREEMENT REQUIREMENTS.— 


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1 (1) IN GENERAL.—A written agreement re2 quired under this section shall— 

3 (A) be signed and dated by the covered do4 mestic worker and the domestic work hiring en5 tity; 

6 (B) be written in a language easily and 

7 fully understood by the covered domestic worker 

8 and the domestic work hiring entity, which may 

9 be in multiple languages if the worker and the 

10 entity do not easily and fully understand the 

11 same language; and 

12 (C) include the contents described in sub13 section (d). 

14 (2) COPY.—A copy of the written agreement re15 quired under this section shall be provided to the 

16 covered domestic worker not later than 5 calendar 

17 days after the date on which the covered domestic 

18 worker is hired by the domestic work hiring entity. 

19 (d) CONTENTS OF THE WRITTEN AGREEMENT.— 

20 (1) IN GENERAL.—The contents described in 

21 this subsection shall include each of the following: 

22 (A) The full name, address, and contact 

23 information of the domestic work hiring entity, 

24 including, as appropriate, any ‘‘doing business 

25 as’’ name of the entity and the name of each 


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1 individual of the domestic work hiring entity 

2 who will be doing business with the covered do3 mestic worker. 

4 (B) The address for the location where the 

5 covered domestic worker will be providing do6 mestic services for the domestic work hiring en7 tity. 

8 (C) All responsibilities to be performed by 

9 the covered domestic worker for the domestic 

10 work hiring entity, and the regularity in which 

11 such responsibilities are to be performed. 

12 (D) The regular rate of pay of the covered 

13 domestic worker for any work week, including 

14 any overtime compensation due. 

15 (E) The day of the week when the covered 

16 domestic worker will be paid. 

17 (F) The required working hours for any 

18 work week, including— 

19 (i) the time of day and day of week 

20 the work of the covered domestic worker 

21 begins; 

22 (ii) meal and rest breaks described in 

23 section 115; 

24 (iii) time off; 


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1 (iv) the work schedule of the worker 

2 at the time of hire, including— 

3 (I) the time of day and the days 

4 of the week the covered domestic 

5 worker will be expected to work for 

6 the domestic work hiring entity each 

7 week; or 

8 (II) if the time of day or the days 

9 of the week that the domestic worker 

10 will be expected to work for the do11 mestic work hiring entity will vary 

12 from week to week, information re13 garding a good faith estimate of the 

14 days and hours for which the covered 

15 domestic worker will be expected to 

16 work for the domestic work hiring en17 tity each week, including, at min18 imum— 

19 (aa) the average number of 

20 hours the covered domestic work21 er will be expected to work for 

22 the domestic work hiring entity 

23 each week during a typical 90- 

24 day period; 


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1 (bb) whether the covered do2 mestic worker can expect to work 

3 any on-call shifts, as defined in 

4 paragraph (3), for the domestic 

5 work hiring entity; 

6 (cc) a subset of days the 

7 covered domestic worker can 

8 typically expect to work (or to be 

9 scheduled as off from work) for 

10 the domestic work hiring entity; 

11 and 

12 (dd) the amount of notice 

13 that the domestic work hiring en14 tity will provide to the domestic 

15 worker in advance of scheduled 

16 work hours (as defined in section 

17 112(a)), which shall not be less 

18 than 72 hours before such sched19 uled work hours are to begin (ex20 cept during a period described in 

21 subparagraph (A) of section 

22 112(e)(1), in a case described in 

23 subparagraph (B) of section 

24 112(e)(1), or in the case of a 

25 shared living arrangement), and 


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1 the manner in which such notice 

2 shall be provided; 

3 (v) the reporting time pay policy de4 scribed in section 112(c); and 

5 (vi) the right to request and receive a 

6 change to scheduled work hours due to 

7 personal events as described in section 

8 113. 

9 (G) If applicable, any policies of the do10 mestic work hiring entity with respect to the 

11 covered domestic worker for paying for or pro12 viding reimbursement for— 

13 (i) health insurance; 

14 (ii) transportation, meals, or lodging; 

15 and 

16 (iii) any fees or costs associated with 

17 the domestic services provided by the cov18 ered domestic worker for the entity. 

19 (H) If applicable, any policies of the do20 mestic work hiring entity with respect to the 

21 covered domestic worker for— 

22 (i) annual or other pay increases; 

23 (ii) severance pay; and 

24 (iii) providing materials or equipment 

25 related to the performance of domestic 


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1 service by the covered domestic worker, in2 cluding (if applicable) any cleaning sup3 plies provided by the entity. 

4 (I) Information about policies, procedures, 

5 and equipment related to safety and emer6 gencies. 

7 (J) The policy of the domestic work hiring 

8 entity pertaining to notice of termination of the 

9 covered domestic worker by the domestic work 

10 hiring entity. 

11 (K) In the case of a covered domestic 

12 worker who resides in the household of the per13 son for whom the domestic worker provides do14 mestic services— 

15 (i) the circumstances under which the 

16 domestic work hiring entity may enter the 

17 designated living space of the domestic 

18 worker; 

19 (ii) the circumstances under which the 

20 covered domestic worker, in a shared living 

21 arrangement, may enter the designated liv22 ing space of the domestic work hiring enti23 ty; and 


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1 (iii) a description of certain cir2 cumstances the domestic work hiring entity 

3 determines as cause for— 

4 (I) immediate termination of the 

5 covered domestic worker; and 

6 (II) subject (as applicable) to 

7 section 8(b) of the Fair Labor Stand8 ards Act of 1938, removal of the cov9 ered domestic worker from the house10 hold of the person for whom the work11 er provides domestic services not later 

12 than 48 hours after notice of the ter13 mination. 

14 (L) Any additional benefits afforded to the 

15 covered domestic worker by the domestic work 

16 hiring entity. 

17 (M) The process for the covered domestic 

18 worker to raise or address grievances with re19 spect to, or breaches of, the written agreement. 

20 (N) The process used by the domestic work 

21 hiring entity to change any policy described in 

22 subparagraphs (A) through (M), including ad23 dressing additional compensation if responsibil24 ities are added to those described in subparaVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 graph (C), after the date on which the written 

2 agreement is provided to the domestic worker. 

3 (2) PROHIBITIONS.—A written agreement re4 quired under this section may not— 

5 (A) contain— 

6 (i) a mandatory pre-dispute arbitra7 tion agreement for claims made by a cov8 ered domestic worker against a domestic 

9 work hiring entity regarding the legal 

10 rights of the worker; or 

11 (ii) a non-disclosure agreement, non12 compete agreement, or non-disparagement 

13 agreement, limiting the ability of the cov14 ered domestic worker to seek compensation 

15 for performing domestic services after the 

16 worker ceases to receive compensation 

17 from the domestic work hiring entity for 

18 the performance of domestic services; and 

19 (B) be construed to waive the rights or 

20 protections of a domestic worker under Federal, 

21 State, or local law. 

22 (3) DEFINITION OF ON-CALL SHIFT.—For pur23 poses of paragraph (1)(F)(iv)(II)(bb), the term ‘‘on24 call shift’’ means any time a domestic work hiring 

25 entity expects a covered domestic worker to— 


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1 (A) be available to work; and 

2 (B) wait to contact, or be contacted by, the 

3 domestic work hiring entity, or a designee of 

4 the entity, to determine whether the worker 

5 shall report to work during such time. 

6 (e) TIMING.— 

7 (1) INITIAL AGREEMENT.—A domestic work 

8 hiring entity shall provide a written agreement re9 quired under this section— 

10 (A) to each covered domestic worker hired 

11 after the date of enactment of this Act, prior to 

12 the first day the worker performs domestic 

13 services for the entity; and 

14 (B) to each covered domestic worker hired 

15 on or prior to the date of enactment of this Act, 

16 90 days after such date of enactment. 

17 (2) SUBSEQUENT AGREEMENTS.—Not later 

18 than 30 calendar days after the date on which a do19 mestic work hiring entity makes a change to a writ20 ten agreement provided to a covered domestic work21 er under this section, the domestic work hiring enti22 ty shall provide the domestic worker with an up23 dated agreement in accordance with this section. 

24 (f) RECORDS.—A domestic work hiring entity that is 

25 required to provide a written agreement under this section 


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1 to a covered domestic worker shall retain such agreement 

2 for a period of not less than 3 years from the date on 

3 which the covered domestic worker is no longer working 

4 for the entity. 

5 (g) MODEL WRITTEN AGREEMENTS.— 

6 (1) IN GENERAL.—Not later than 6 months 

7 after the date of enactment of this Act, the Sec8 retary shall establish and make available templates 

9 for model written agreements under this section. 

10 (2) REQUIREMENTS.—A model written agree11 ment required under paragraph (1) shall— 

12 (A) be available in multiple languages com13 monly understood by domestic workers, includ14 ing all languages in which the Secretary, acting 

15 through the Administrator of the Wage and 

16 Hour Division, translates the basic information 

17 fact sheet published by the Administrator; and 

18 (B) not include any agreement described in 

19 subsection (d)(2)(A). 

20 SEC. 111. EARNED SICK DAYS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic 

23 violence’’ has the meaning given the term in section 

24 40002(a) of the Violence Against Women Act of 

25 1994 (34 U.S.C. 12291(a)), except that the refVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 erence in such section to the term ‘‘jurisdiction re2 ceiving grant monies’’ shall be deemed to mean the 

3 jurisdiction in which the victim lives or the jurisdic4 tion in which the domestic work hiring entity in5 volved is located. Such term also includes dating vio6 lence, as that term is defined in such section. 

7 (2) DOMESTIC WORKER.—The term ‘‘domestic 

8 worker’’ means a domestic worker, as defined in sec9 tion 3(b), other than an individual providing assist10 ance through a shared living arrangement. 

11 (3) DOMESTIC WORK HIRING ENTITY.—The 

12 term ‘‘domestic work hiring entity’’— 

13 (A) means such a domestic work hiring en14 tity, as defined in section 3(b), except that for 

15 purposes of this subparagraph, a reference in 

16 that section to a domestic worker shall be con17 sidered a domestic worker as defined in para18 graph (2); and 

19 (B) includes any predecessor of a hiring 

20 entity described in subparagraph (A). 

21 (4) EMPLOYMENT.—The term ‘‘employment’’ 

22 includes service as a domestic worker. 

23 (5) EMPLOYMENT BENEFITS.—The term ‘‘em24 ployment benefits’’ means all benefits provided or 

25 made available to domestic workers by a domestic 


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1 work hiring entity, including group life insurance, 

2 health insurance, disability insurance, sick leave, an3 nual leave, educational benefits, and pensions, re4 gardless of whether such benefits are provided by a 

5 practice or written policy of a domestic work hiring 

6 entity or through an ‘‘employee benefit plan’’, as de7 fined in section 3(3) of the Employee Retirement In8 come Security Act of 1974 (29 U.S.C. 1002(3)). 

9 (6) HEALTH CARE PROVIDER.—The term 

10 ‘‘health care provider’’ means a provider who— 

11 (A) is described in section 825.125 of title 

12 29, Code of Federal Regulations; and 

13 (B) is not employed by a domestic work 

14 hiring entity for whom the provider issues cer15 tification under this section. 

16 (7) PAID SICK TIME.—The term ‘‘paid sick 

17 time’’ means an increment of compensated leave that 

18 can be earned by a domestic worker for use during 

19 an absence from employment for any of the reasons 

20 described in subparagraphs (A) through (D) of sub21 section (b)(2). 

22 (8) SEXUAL ASSAULT.—The term ‘‘sexual as23 sault’’ has the meaning given the term in section 

24 40002(a) of the Violence Against Women Act of 

25 1994 (34 U.S.C. 12291(a)). 


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1 (9) STALKING.—The term ‘‘stalking’’ has the 

2 meaning given the term in section 40002(a) of the 

3 Violence Against Women Act of 1994 (34 U.S.C. 

4 12291(a)). 

5 (10) VICTIM SERVICES ORGANIZATION.—The 

6 term ‘‘victim services organization’’ means a non7 profit, nongovernmental organization that provides 

8 assistance to victims of domestic violence, sexual as9 sault, or stalking or advocates for such victims, in10 cluding a rape crisis center, an organization carrying 

11 out a domestic violence, sexual assault, or stalking 

12 prevention or treatment program, an organization 

13 operating a shelter or providing counseling services, 

14 or a legal services organization or other organization 

15 providing assistance through the legal process. 

16 (b) EARNED PAID SICK TIME.— 

17 (1) EARNING OF TIME.— 

18 (A) IN GENERAL.—A domestic work hiring 

19 entity shall provide each domestic worker em20 ployed by the hiring entity not less than 1 hour 

21 of earned paid sick time for every 30 hours 

22 worked, to be used as described in paragraph 

23 (2). A domestic work hiring entity shall not be 

24 required to permit a domestic worker to earn, 

25 under this subsection, more than 56 hours of 


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1 paid sick time in a year, unless the hiring entity 

2 chooses to set a higher limit. 

3 (B) DATES FOR BEGINNING TO EARN PAID

4 SICK TIME AND USE.—Domestic workers shall 

5 begin to earn and be entitled to use earned paid 

6 sick time under this subsection at the com7 mencement of their employment. A domestic 

8 work hiring entity may, at the discretion of the 

9 hiring entity, loan paid sick time to a domestic 

10 worker for use by such domestic worker in ad11 vance of the domestic worker earning such sick 

12 time as provided in this paragraph and may 

13 permit use before the 60th day of employment. 

14 (C) CARRYOVER.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (ii), paid sick time earned under 

17 this subsection shall carry over from one 

18 year to the next. 

19 (ii) CONSTRUCTION.—This section 

20 shall not be construed to require a domes21 tic work hiring entity to permit a domestic 

22 worker to earn more than 56 hours of 

23 earned paid sick time at a given time. 

24 (D) HIRING ENTITIES WITH EXISTING

25 POLICIES.—Any domestic work hiring entity 


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1 with a paid leave policy who makes available an 

2 amount of paid leave that is sufficient to meet 

3 the requirements of this subsection and that 

4 may be used for the same purposes and under 

5 the same conditions as the purposes and condi6 tions outlined in paragraph (2) shall not be re7 quired to permit a domestic worker to earn ad8 ditional paid sick time under this subsection. 

9 (E) CONSTRUCTION.—Nothing in this sub10 section shall be construed as requiring financial 

11 or other reimbursement to a domestic worker 

12 from a domestic work hiring entity upon the do13 mestic worker’s termination, resignation, retire14 ment, or other separation from employment for 

15 earned paid sick time that has not been used. 

16 (F) REINSTATEMENT.—If a domestic 

17 worker is separated from employment with a 

18 domestic work hiring entity and is rehired, 

19 within 12 months after that separation, by the 

20 same hiring entity, the hiring entity shall rein21 state the domestic worker’s previously earned 

22 paid sick time. The domestic worker shall be 

23 entitled to use the earned paid sick time and 

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1 commencement of employment with the domes2 tic work hiring entity. 

3 (G) PROHIBITION.—A domestic work hir4 ing entity may not require, as a condition of 

5 providing paid sick time under this subsection, 

6 that the domestic worker involved search for or 

7 find a replacement to cover the hours during 

8 which the domestic worker is using paid sick 

9 time. 

10 (2) USES.—Paid sick time earned under this 

11 subsection may be used by a domestic worker for 

12 any of the following: 

13 (A) An absence resulting from a physical 

14 or mental illness, injury, or medical condition of 

15 the domestic worker. 

16 (B) An absence resulting from obtaining 

17 professional medical diagnosis or care, or pre18 ventive medical care, for the domestic worker. 

19 (C) An absence for the purpose of caring 

20 for a child, a parent, a spouse, a domestic part21 ner, or any other individual related by blood or 

22 affinity whose close association with the domes23 tic worker is the equivalent of a family relation24 ship, who— 


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1 (i) has any of the conditions or needs 

2 for diagnosis or care described in subpara3 graph (A) or (B); 

4 (ii) in the case of care for someone 

5 who is a child, is the subject of a school 

6 meeting, or a meeting at a place where the 

7 child is receiving care necessitated by the 

8 child’s health condition or disability, that 

9 the domestic worker is required to attend; 

10 or 

11 (iii) is otherwise in need of care. 

12 (D) An absence resulting from domestic vi13 olence, sexual assault, or stalking, if the time is 

14 to— 

15 (i) seek medical attention for the do16 mestic worker or a related person de17 scribed in subparagraph (C), to recover 

18 from physical or psychological injury or 

19 disability caused by domestic violence, sex20 ual assault, or stalking; 

21 (ii) obtain or assist a related person 

22 described in subparagraph (C) in obtaining 

23 services from a victim services organiza24 tion; 


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1 (iii) obtain or assist a related person 

2 described in subparagraph (C) in obtaining 

3 psychological or other counseling; 

4 (iv) seek or assist a related person in 

5 seeking relocation; or 

6 (v) take or assist a related person in 

7 taking legal action, including preparing for 

8 or participating in any civil or criminal 

9 legal proceeding related to or resulting 

10 from domestic violence, sexual assault, or 

11 stalking. 

12 (3) SCHEDULING.—A domestic worker shall 

13 make a reasonable effort to schedule a foreseeable 

14 period of paid sick time under this subsection in a 

15 manner that does not unduly disrupt the operations 

16 of the domestic work hiring entity. 

17 (4) PROCEDURES.— 

18 (A) IN GENERAL.—Paid sick time shall be 

19 provided upon the oral or written request of a 

20 domestic worker. Such request shall— 

21 (i) include the expected duration of 

22 the period of such time; 

23 (ii) in a case in which the need for 

24 such period of time is foreseeable at least 

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1 vided at least 7 days in advance of such 

2 period; and 

3 (iii) otherwise, be provided as soon as 

4 practicable after the domestic worker is 

5 aware of the need for such period. 

6 (B) CERTIFICATION IN GENERAL.— 

7 (i) PROVISION.— 

8 (I) IN GENERAL.—Subject to 

9 clause (iv), a domestic work hiring en10 tity may require that a request for 

11 paid sick time under this subsection 

12 for a purpose described in subpara13 graph (A), (B), or (C) of paragraph 

14 (2) be supported by a certification 

15 issued by the health care provider of 

16 the eligible domestic worker or of an 

17 individual described in paragraph 

18 (2)(C), as appropriate, if the period of 

19 such time covers more than 3 con20 secutive workdays. 

21 (II) TIMELINESS.—The domestic 

22 worker shall provide a copy of such 

23 certification to the domestic work hir24 ing entity in a timely manner, not 

25 later than 30 days after the first day 


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•S 2569 IS

1 of the period of time. The domestic 

2 work hiring entity shall not delay the 

3 commencement of the period of time 

4 on the basis that the hiring entity has 

5 not yet received the certification. 

6 (ii) SUFFICIENT CERTIFICATION.—A 

7 certification provided under clause (i) shall 

8 be sufficient if it states— 

9 (I) the date on which the period 

10 of time will be needed; 

11 (II) the probable duration of the 

12 period of time; 

13 (III) the appropriate medical 

14 facts within the knowledge of the 

15 health care provider regarding the 

16 condition involved, subject to clause 

17 (iii); 

18 (IV) for purposes of paid sick 

19 time under paragraph (2)(A), a state20 ment that absence from work is medi21 cally necessary; 

22 (V) for purposes of such time 

23 under paragraph (2)(B), the dates on 

24 which testing for a medical diagnosis 


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1 or care is expected to be given and the 

2 duration of such testing or care; and 

3 (VI) for purposes of such time 

4 under paragraph (2)(C), in the case of 

5 time to care for someone who is not a 

6 child, a statement that care is needed 

7 for an individual described in such 

8 paragraph, and an estimate of the 

9 amount of time that such care is 

10 needed for such individual. 

11 (iii) LIMITATION.—In issuing a cer12 tification under clause (i), a health care 

13 provider shall make reasonable efforts to 

14 limit the medical facts described in clause 

15 (ii)(III) that are disclosed in the certifi16 cation to the minimum necessary to estab17 lish a need for the domestic worker to uti18 lize paid sick time. 

19 (iv) REGULATIONS.—The Secretary 

20 shall prescribe regulations that shall speci21 fy the manner in which a domestic worker 

22 who does not have health insurance shall 

23 provide a certification for purposes of this 

24 subparagraph. 


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1 (v) CONFIDENTIALITY AND NON2 DISCLOSURE.— 

3 (I) PROTECTED HEALTH INFOR4 MATION.—Nothing in this section 

5 shall be construed to require a health 

6 care provider to disclose information 

7 in violation of section 1177 of the So8 cial Security Act (42 U.S.C. 1320d–6) 

9 or the regulations promulgated pursu10 ant to section 264(c) of the Health 

11 Insurance Portability and Account12 ability Act of 1996 (42 U.S.C. 

13 1320d–2 note). 

14 (II) HEALTH INFORMATION

15 RECORDS.—If a domestic work hiring 

16 entity possesses health information 

17 about a domestic worker or a related 

18 person described in paragraph (2)(C), 

19 such information shall— 

20 (aa) be maintained on a sep21 arate form and in a separate file 

22 from other personnel informa23 tion; 

24 (bb) be treated as a con25 fidential medical record; and 


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•S 2569 IS

1 (cc) not be disclosed except 

2 to the affected domestic worker 

3 or with the permission of the af4 fected domestic worker. 

5 (C) CERTIFICATION IN THE CASE OF DO6 MESTIC VIOLENCE, SEXUAL ASSAULT, OR

7 STALKING.— 

8 (i) IN GENERAL.—A domestic work 

9 hiring entity may require that a request 

10 for paid sick time under this subsection for 

11 a purpose described in paragraph (2)(D) 

12 be supported by any one of the following 

13 forms of documentation, but the domestic 

14 work hiring entity may not specify the par15 ticular form of documentation to be pro16 vided: 

17 (I) A police report indicating that 

18 the domestic worker, or a related per19 son described in paragraph (2)(D), 

20 was, for not less than 3 consecutive 

21 days, a victim of domestic violence, 

22 sexual assault, or stalking. 

23 (II) A court order protecting or 

24 separating the domestic worker or a 

25 related person described in paragraph 


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1 (2)(D) from the perpetrator of an act 

2 of domestic violence, sexual assault, or 

3 stalking, or other evidence from the 

4 court or prosecuting attorney that the 

5 domestic worker or a related person 

6 described in paragraph (2)(D) has ap7 peared in court or is scheduled to ap8 pear in court in a proceeding related 

9 to domestic violence, sexual assault, or 

10 stalking. 

11 (III) Other documentation signed 

12 by an individual (who may be a volun13 teer) working for a victim services or14 ganization, an attorney, a police offi15 cer, a medical professional, a social 

16 worker, an antiviolence counselor, or a 

17 member of the clergy, affirming that 

18 the domestic worker or a related per19 son described in paragraph (2)(D) is 

20 a victim of domestic violence, sexual 

21 assault, or stalking. 

22 (ii) REQUIREMENTS.—The require23 ments of subparagraph (B) shall apply to 

24 certifications under this paragraph, except 

25 that— 


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•S 2569 IS

1 (I) subclauses (III) through (VI) 

2 of clause (ii) and clause (iii) of such 

3 subparagraph shall not apply; 

4 (II) the certification shall state 

5 the reason that the leave is required 

6 with the facts to be disclosed limited 

7 to the minimum necessary to establish 

8 a need for the domestic worker to be 

9 absent from work, and the domestic 

10 worker shall not be required to ex11 plain the details of the domestic vio12 lence, sexual assault, or stalking in13 volved; and 

14 (III) with respect to confiden15 tiality under clause (v) of such sub16 paragraph, any information provided 

17 to the domestic work hiring entity 

18 under this subparagraph shall be con19 fidential, except to the extent that any 

20 disclosure of such information is— 

21 (aa) requested or consented 

22 to in writing by the domestic 

23 worker; or 

24 (bb) otherwise required by 

25 applicable Federal or State law. 


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1 (c) CONSTRUCTION AND APPLICATION.— 

2 (1) EFFECT ON OTHER LAWS.— 

3 (A) FEDERAL AND STATE ANTIDISCRIMI4 NATION LAWS.—Nothing in this section shall be 

5 construed to modify or affect any Federal or 

6 State law prohibiting discrimination on the 

7 basis of race, religion, color, national origin, sex 

8 (including sexual orientation and gender iden9 tity), age, disability, marital status, familial sta10 tus, or any other protected status. 

11 (B) STATE AND LOCAL LAWS.—Nothing in 

12 this section shall be construed to supersede (in13 cluding preempting) any provision of any State 

14 or local law that provides greater paid sick time 

15 or leave rights (including greater amounts of 

16 paid sick time or leave, or greater coverage of 

17 those eligible for paid sick time or leave) than 

18 the rights established under this section. 

19 (2) EFFECT ON EXISTING EMPLOYMENT BENE20 FITS.— 

21 (A) MORE PROTECTIVE.—Nothing in this 

22 section shall be construed to diminish the obli23 gation of a domestic work hiring entity to com24 ply with any contract, any collective bargaining 

25 agreement, or any employment benefit program 


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1 or plan that provides greater paid sick leave or 

2 other leave rights to domestic workers than the 

3 rights established under this section. 

4 (B) LESS PROTECTIVE.—The rights estab5 lished for domestic workers under this section 

6 shall not be diminished by any contract, any 

7 collective bargaining agreement, or any employ8 ment benefit program or plan. 

9 (d) EFFECTIVE DATE.—This section, other than sub10 section (b)(4)(B)(4), takes effect 2 years after the date 

11 of enactment of this Act. 

12 SEC. 112. FAIR SCHEDULING PRACTICES. 

13 (a) DEFINITION OF SCHEDULED WORK HOURS.—In 

14 this section, the term ‘‘scheduled work hours’’ means the 

15 hours on a specified day during which a domestic worker 

16 is, through a written agreement or schedule, required by 

17 a domestic work hiring entity to perform domestic services 

18 for the entity and for which the worker will receive com19 pensation for such services. 

20 (b) REQUIREMENT FOR NOTICE OF COVERED DO21 MESTIC WORKER.—In the case of a covered domestic 

22 worker (as defined in section 110(a)), the domestic work 

23 hiring entity shall provide the covered domestic worker no24 tice of the scheduled work hours of such worker through— 


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1 (1) a written agreement described in subclause 

2 (I) of section 110(d)(1)(F)(iv) regarding a schedule 

3 of the time of day and the days of the week the cov4 ered domestic worker is expected to work for the do5 mestic work hiring entity each week; or 

6 (2) a schedule agreed upon by the domestic 

7 work hiring entity and the covered domestic worker 

8 provided in the amount of time specified in accord9 ance with a written agreement described in sub10 clause (II) of such section, regarding a good faith 

11 estimate of the time of day and the days of the week 

12 that the covered domestic worker is expected to work 

13 for the domestic work hiring entity. 

14 (c) REQUIREMENTS FOR CHANGES TO SCHEDULED

15 WORK HOURS AND REPORTING TIME PAY.—A domestic 

16 work hiring entity shall— 

17 (1) communicate in writing (which may be in 

18 an electronic form) any change to the scheduled 

19 work hours of a domestic worker, including any on20 call shifts, not less than 72 hours before the domes21 tic worker is scheduled to begin work; and 

22 (2) pay a domestic worker— 

23 (A) the regular rate of pay of the domestic 

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1 tic work hiring entity canceling or reducing the 

2 scheduled work hours of the domestic worker 

3 after the domestic worker arrives to work for 

4 the scheduled work hours; or 

(B) at a rate of 1 5 ⁄2 of the regular rate of 

6 pay of the domestic worker for any scheduled 

7 work hours the domestic worker does not work 

8 due to the domestic work hiring entity canceling 

9 or reducing the scheduled work hours of the do10 mestic worker at a time that is less than 72 

11 hours prior to the commencement of such 

12 scheduled work hours, unless the domestic work 

13 hiring entity— 

14 (i) is an individual with a disability 

15 relying on the domestic worker for dis16 ability supports and services (or an entity 

17 supporting an individual with a disability); 

18 and 

19 (ii) requests the domestic worker to 

20 consent to work alternative, equivalent 

21 scheduled work hours within a 7-day pe22 riod and the worker consents to work such 

23 alternative, equivalent hours. 

24 (d) RIGHT TO DECLINE SCHEDULE CHANGES.— 


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1 (1) IN GENERAL.—In the case of a covered do2 mestic worker (as defined in section 110(a)), if a do3 mestic work hiring entity wishes to include work 

4 hours in the scheduled work hours of such worker 

5 that are identified as hours in which the worker can 

6 typically expect to be scheduled as off from work in 

7 accordance with the written agreement under section 

8 110(d)(1)(F)(iv)(I) or are identified as hours outside 

9 of the good faith estimate under section 

10 110(d)(1)(F)(iv)(II)(cc), the hiring entity shall ob11 tain the written consent of the worker to work such 

12 hours prior to the commencement of such work. 

13 (2) CONSENT.—The consent required under 

14 paragraph (1) may be transmitted electronically to 

15 the domestic work hiring entity. 

16 (e) EXCEPTIONS.— 

17 (1) IN GENERAL.—Notwithstanding any provi18 sion in this section, the requirements under sub19 section (c) shall not apply— 

20 (A) during any period in which the oper21 ations of the domestic work hiring entity cannot 

22 begin or continue due to— 

23 (i) a fire, flood, or other natural dis24 aster; 


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1 (ii) a major disaster or emergency de2 clared by the President under section 401 

3 or 501, respectively, of the Robert T. Staf4 ford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 5170, 5191) or a 

6 state of emergency declared by a Governor 

7 of a State or chief official of a unit of local 

8 government; or 

9 (iii) a severe weather condition that 

10 poses a threat to worker safety; or 

11 (B) in a case in which— 

12 (i) the domestic worker voluntarily re13 quested in writing a change to the sched14 uled work hours of the worker; or 

15 (ii) the domestic work hiring entity 

16 changes the scheduled work hours of a do17 mestic worker due to— 

18 (I) a medical emergency requir19 ing emergency medical treatment or 

20 hospitalization; or 

21 (II) the risk of contagion or a 

22 quarantine requirement related to the 

23 public health emergency declared by 

24 the Secretary of Health and Human 

25 Services under section 319 of the 


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1 Public Health Service Act (42 U.S.C. 

2 247d) on January 31, 2020, with re3 spect to COVID–19, or any other 

4 public health emergency declared 

5 under such section. 

6 (2) SHARED LIVING ARRANGEMENT.—Notwith7 standing any provision in this section, the require8 ments under this section shall not apply to a shared 

9 living arrangement. 

10 (f) EFFECTIVE DATE.—This section shall take effect 

11 on the date that is 2 years after the date of enactment 

12 of this Act. 

13 SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY 

14 CHANGES TO SCHEDULED WORK HOURS DUE 

15 TO PERSONAL EVENTS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED DOMESTIC WORKER.—The term 

18 ‘‘covered domestic worker’’ has the meaning given 

19 the term in section 110(a). 

20 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic 

21 violence’’ has the meaning given the term in section 

22 111(a). 

23 (3) PERSONAL EVENT.—The term ‘‘personal 

24 event’’, with respect to a covered domestic worker, 

25 means— 


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1 (A) an event resulting in the need of the 

2 covered domestic worker to serve as a caregiver 

3 for an individual related to the covered domestic 

4 worker by blood or affinity or whose close asso5 ciation with the covered domestic worker is the 

6 equivalent of a family relationship; 

7 (B) an event resulting from the obligation 

8 of a covered domestic worker to attend a legal 

9 proceeding or hearing for subsistence benefits, 

10 including benefits under the supplemental nutri11 tion assistance program established under the 

12 Food and Nutrition Act of 2008 (7 U.S.C. 

13 2011 et seq.) or under a State program for 

14 temporary assistance for needy families estab15 lished under part A of title IV of the Social Se16 curity Act (42 U.S.C. 601 et seq.), to which the 

17 worker, or an individual related to the worker 

18 as described in subparagraph (A), is a party or 

19 witness; or 

20 (C) any circumstance that would constitute 

21 a basis for permissible use of safe time, or fam22 ily, medical, or sick leave, as determined based 

23 on the policy of the domestic work hiring entity. 

24 (4) SAFE TIME.—The term ‘‘safe time’’, with 

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1 sence from work of the worker resulting from do2 mestic violence, sexual assault, or stalking, if the ab3 sence is to— 

4 (A) seek medical attention for the worker 

5 or a child, parent, spouse, or domestic partner 

6 of the worker, or any other individual related to 

7 the worker by blood or affinity whose close as8 sociation with the worker is the equivalent of a 

9 family relationship, in order to recover from 

10 physical or psychological injury or disability 

11 caused by domestic violence, sexual assault, or 

12 stalking; 

13 (B) obtain, or assist a child, parent, 

14 spouse, domestic partner, or other individual 

15 described in subparagraph (A) in obtaining, 

16 services from a victim services organization; 

17 (C) obtain, or assist a child, parent, 

18 spouse, domestic partner, or other individual 

19 described in subparagraph (A) in obtaining, 

20 psychological or other counseling; 

21 (D) seek relocation for the worker or a 

22 child, parent, spouse, domestic partner, or other 

23 individual described in subparagraph (A); or 

24 (E) take legal action, including preparing 

25 for or participating in any civil or criminal legal 


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•S 2569 IS

1 proceeding related to or resulting from domestic 

2 violence, sexual assault, or stalking, of the 

3 worker or a child, parent, spouse, domestic 

4 partner, or other individual described in sub5 paragraph (A). 

6 (5) SCHEDULED WORK HOURS.—The term 

7 ‘‘scheduled work hours’’ has the meaning given such 

8 term in section 112(a), except that references in 

9 such section to the term ‘‘domestic worker’’ shall be 

10 deemed to be a reference to the term ‘‘covered do11 mestic worker’’. 

12 (6) SEXUAL ASSAULT; STALKING.—The terms 

13 ‘‘sexual assault’’ and ‘‘stalking’’ have the meanings 

14 given such terms in section 111(a). 

15 (7) TEMPORARY CHANGE.—The term ‘‘tem16 porary change’’, with respect to a change in the 

17 scheduled work hours of a covered domestic worker, 

18 means a limited alteration in the hours or dates 

19 that, or locations where, a worker is scheduled to 

20 work, including through using paid time off, trading 

21 or shifting work hours, or using short-term unpaid 

22 leave. 

23 (b) REQUEST.— 

24 (1) IN GENERAL.—In accordance with this sub25 section, for each calendar year, a domestic work hirVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 ing entity shall, upon request of a covered domestic 

2 worker, grant to the covered domestic worker not 

3 less than— 

4 (A) 2 requests for a temporary change, 

5 covering not more than 1 business day per re6 quest, to the scheduled work hours of the work7 er due to a personal event; or 

8 (B) 1 request for a temporary change, cov9 ering not more than 2 business days, to the 

10 scheduled work hours of the worker due to a 

11 personal event. 

12 (2) NOTIFICATION OF REQUEST.— 

13 (A) IN GENERAL.—A covered domestic 

14 worker who requests a temporary change to the 

15 scheduled work hours of the worker due to a 

16 personal event under this subsection shall— 

17 (i) notify the domestic work hiring en18 tity, or direct supervisor, of such worker, 

19 as soon as the worker becomes aware of 

20 the need for the temporary change and in21 form the entity or supervisor that the 

22 change is due to a personal event; 

23 (ii) make a proposal for the temporary 

24 change to the scheduled work hours of the 


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•S 2569 IS

1 worker, unless the worker seeks leave with2 out pay; and 

3 (iii) subject to subparagraph (B), not 

4 be required to initially submit the request 

5 in writing. 

6 (B) WRITTEN RECORD.— 

7 (i) IN GENERAL.—A covered domestic 

8 worker that requests a temporary change 

9 to the scheduled work hours of the worker 

10 under this subsection and does not initially 

11 submit a request for such change in writ12 ing shall, as soon as practicable and not 

13 later than 2 business days after date on 

14 which the worker returns to work following 

15 the conclusion of the temporary change to 

16 the scheduled work hours, submit a written 

17 record of such request indicating— 

18 (I) the date for which the change 

19 was requested; and 

20 (II) that the request was made 

21 due to a personal event. 

22 (ii) ELECTRONIC MEANS.—A domestic 

23 work hiring entity may require that a 

24 record under this subparagraph be sub25 mitted in electronic form if workers of the 


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1 domestic work hiring entity commonly use 

2 an electronic form to request and manage 

3 leave and schedule changes. 

4 (c) RESPONSE.—A domestic work hiring entity who 

5 receives a request under subsection (b) for a temporary 

6 change to the scheduled work hours of a covered domestic 

7 worker due to a personal event shall respond as soon as 

8 practicable. Such entity shall not be initially required to 

9 respond to such request in writing. If such entity does not 

10 initially respond to the requested schedule change in writ11 ing, the entity shall, as soon as practicable and not later 

12 than 1 week after the requested schedule change, provide 

13 the domestic worker with a written record of the response 

14 to the requested schedule change. 

15 (d) EFFECTIVE DATE.—This section shall take effect 

16 on the date that is 2 years after the date of enactment 

17 of this Act. 

18 SEC. 114. PRIVACY. 

19 (a) IN GENERAL.—A domestic work hiring entity 

20 shall not— 

21 (1) monitor or record a domestic worker while 

22 such domestic worker is— 

23 (A) using restroom or bathing facilities; 

24 (B) in the private living quarters of the 

25 worker; or 


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1 (C) engaging in any activities associated 

2 with the dressing, undressing, or changing of 

3 clothes of the worker; 

4 (2) subject to subsection (b), restrict or inter5 fere with, or monitor, the private communications of 

6 such domestic worker; or 

7 (3) take possession of any documents or other 

8 personal effects of such domestic worker. 

9 (b) PRIVATE COMMUNICATIONS.—A domestic work 

10 hiring entity may— 

11 (1) restrict, interfere with, or monitor the pri12 vate communications of a domestic worker if the do13 mestic work hiring entity has a reasonable belief 

14 that such communications significantly interfere 

15 with the domestic worker’s performance of expected 

16 duties; and 

17 (2) establish reasonable restrictions on the pri18 vate communications of a domestic worker while 

19 such worker is performing work for the domestic 

20 work hiring entity. 

21 (c) RELATION TO OTHER LAWS.—This section shall 

22 not preclude liability under any other law. 

23 (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In 

24 this section, the term ‘‘private communications’’ means 

25 any communication through telephone or internet services, 


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1 including sending and receiving communications by text 

2 message, social media, electronic mail, and telephone, with 

3 an entity or individual other than the domestic work hiring 

4 entity. 

5 SEC. 115. BREAKS FOR MEALS AND REST. 

6 (a) MEAL BREAKS.— 

7 (1) IN GENERAL.—Except as provided in sub8 section (c), a domestic work hiring entity shall not 

9 require a domestic worker to work more than 5 

10 hours for such hiring entity without an uninter11 rupted meal break of not less than 30 minutes. The 

12 number of hours worked by a domestic worker for 

13 purposes of this paragraph shall be calculated with14 out regard to any rest break the worker takes and 

15 to which the worker has a right under subsection 

16 (b). 

17 (2) RATE OF PAY.—A domestic work hiring en18 tity shall pay a domestic worker for a meal break 

19 under paragraph (1) at the regular rate of pay of 

20 the domestic worker unless the domestic worker is 

21 relieved of all duty for not less than 30 minutes dur22 ing the meal break and is permitted to leave the 

23 work site during such break. 

24 (3) PAID MEAL BREAK.—Except as provided in 

25 subsection (c), for any paid meal break required 


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1 under paragraph (2), a domestic work hiring enti2 ty— 

3 (A) shall provide a reasonable opportunity 

4 for a domestic worker to take such break for a 

5 period of uninterrupted time that is not less 

6 than 30 minutes; and 

7 (B) shall not impede or discourage a do8 mestic worker from taking such meal break. 

9 (b) REST BREAKS.— 

10 (1) IN GENERAL.—Except as provided in sub11 section (c), for every 4 hours of work that a domes12 tic worker is scheduled to perform for a domestic 

13 work hiring entity, the entity shall allow the worker 

14 a rest break of not less than 10 uninterrupted min15 utes in which the domestic worker is relieved of all 

16 duties related to providing domestic services to the 

17 domestic work hiring entity. The domestic work hir18 ing entity shall allow such rest break to occur during 

19 the first 3 hours of consecutive work performed by 

20 the worker for the entity. 

21 (2) RATE OF PAY.—A domestic work hiring en22 tity shall pay a domestic worker for the times spent 

23 by the worker for a rest break under paragraph (1) 

24 at the regular rate of pay of the worker. The hiring 


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•S 2569 IS

1 entity shall not impede or discourage a domestic 

2 worker from taking such break. 

3 (c) EXCEPTIONS.— 

4 (1) IN GENERAL.—Subject to paragraph (2), a 

5 domestic worker may not have the right to a meal 

6 break under subsection (a), or a rest break under 

7 subsection (b), in a case in which the safety of an 

8 individual under the care of the domestic worker 

9 prevents the domestic worker from taking such 

10 break. 

11 (2) ON-DUTY BREAKS.— 

12 (A) DEFINITION OF ON-DUTY.—In this 

13 subsection, the term ‘‘on-duty’’, with respect to 

14 a meal break under subsection (a) or a rest 

15 break under subsection (b), means such a break 

16 in which the domestic worker— 

17 (i) is not relieved of all duties of the 

18 worker for the domestic work hiring entity; 

19 and 

20 (ii) may, to the extent possible given 

21 the duties of the domestic worker for the 

22 domestic work hiring entity, engage in per23 sonal activities, such as resting, eating a 

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1 sonal telephone call, or making other per2 sonal choices. 

3 (B) AUTHORIZATION.— 

4 (i) IN GENERAL.—In a case described 

5 in paragraph (1), the domestic worker may 

6 still take an on-duty meal or rest break 

7 under subsection (a) or (b), respectively, 

8 if— 

9 (I) the nature of the work pre10 vents a domestic worker from being 

11 relieved of all duties required of the 

12 domestic worker for the domestic 

13 work hiring entity; and 

14 (II) the domestic worker and the 

15 domestic work hiring entity agree to 

16 such an on-duty meal or rest break in 

17 a written agreement described in 

18 clause (ii). 

19 (ii) WRITTEN AGREEMENT.—The 

20 written agreement under clause (i)(II) 

21 shall include a provision allowing the do22 mestic worker to, in writing, revoke the 

23 agreement at any time. 

24 (C) RATE OF PAY.—A domestic work hir25 ing entity shall compensate a domestic worker 


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1 for the time of an on-duty meal or rest break 

2 under this paragraph at the regular rate of pay 

3 of the worker for the entity. 

4 (3) SHARED LIVING ARRANGEMENT.—The re5 quirements under this section shall not apply in the 

6 case of a shared living arrangement. 

7 SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT8 AGES, BREAKAGES, LOSS, OR MODES OF COM9 MUNICATION. 

10 (a) IN GENERAL.— 

11 (1) REQUIREMENT.—Except as provided in 

12 paragraph (2), a domestic work hiring entity may 

13 not make any deduction from the wage of, or require 

14 any reimbursement from, a domestic worker for— 

15 (A) any cash shortage of the domestic 

16 work hiring entity; or 

17 (B) breakage or loss of the entity’s equip18 ment or other belongings. 

19 (2) EXCEPTION.—A domestic work hiring entity 

20 may deduct from the wage of, or require reimburse21 ment from, a domestic worker described in para22 graph (1) if the entity can show that a shortage, 

23 breakage, or loss described in paragraph (1) was 

24 caused by a dishonest or willful act of the domestic 

25 worker. 


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1 (b) COMMUNICATIONS.—No domestic work hiring en2 tity shall make any deduction from the wage of, or other3 wise penalize, a domestic worker for communicating with 

4 a consumer of domestic services directly as opposed to 

5 communicating through an application or other messaging 

6 service provided by an on-demand platform or otherwise 

7 required by the domestic work hiring entity. 

8 (c) VIOLATION.—Any deduction or reimbursement in 

9 violation of subsection (a)(1) or (b) shall be deemed an 

10 unpaid wage for purposes of enforcement under section 

11 118, and the domestic worker shall have the right to re12 cover such wage in accordance with such section. 

13 SEC. 117. PROHIBITED ACTS. 

14 (a) INTERFERENCE WITH RIGHTS.—It shall be un15 lawful for any person to interfere with, restrain, or deny 

16 the exercise of, or the attempt to exercise, any right pro17 vided under this subtitle, including— 

18 (1) discharging or in any manner discrimi19 nating against (including retaliating against) any 

20 domestic worker for— 

21 (A) exercising, or attempting to exercise, 

22 any right provided under this subtitle; or 

23 (B) engaging in concerted activities for the 

24 purpose of collective bargaining or mutual aid 

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1 ties are with domestic workers of different em2 ployers or domestic workers at different work3 sites; and 

4 (2) discriminating against any domestic worker 

5 by using the exercise of a right provided under this 

6 subtitle as a negative factor in an employment ac7 tion, such as an action involving hiring, promotion, 

8 or changing work hours or number of shifts, or a 

9 disciplinary action. 

10 (b) RETALIATION PROTECTION.—It shall be unlawful 

11 for any domestic work hiring entity to discharge, demote, 

12 suspend, reduce the work hours of, take any other adverse 

13 employment action against, threaten to take an adverse 

14 employment action against, or in any other manner dis15 criminate against a domestic worker with respect to com16 pensation, terms, conditions, or privileges of employment 

17 because the domestic worker (or any person acting pursu18 ant to the request of the domestic worker), whether at the 

19 initiative of the domestic worker or in the ordinary course 

20 of the domestic worker’s duties— 

21 (1) opposes any practice made unlawful under 

22 this subtitle; 

23 (2) asserts any claim or right under this sub24 title; 


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1 (3) assists a domestic worker in asserting such 

2 claim or right; 

3 (4) informs any domestic worker about this 

4 subtitle; 

5 (5) requests a change to the written agreement 

6 described in section 110; 

7 (6) requests a change in scheduled work hours 

8 described in section 112, or any other schedule 

9 change, without regard to the eligibility of such do10 mestic worker to receive any such change; 

11 (7) participates as a member of, or takes an ac12 tion described in paragraph (8) with respect to, the 

13 Domestic Worker Standards Board described in sec14 tion 201; 

15 (8)(A) files an action, or institutes or causes to 

16 be instituted any proceeding, under or related to this 

17 subtitle; 

18 (B) gives, or is about to give, any information 

19 in connection with any inquiry or proceeding relating 

20 to any right provided under this subtitle; or 

21 (C) testifies, or is about to testify, in any in22 quiry or proceeding relating to any right provided 

23 under this subtitle; and 

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1 tion, regardless of whether such activities are with 

2 domestic workers of different employers or domestic 

3 workers at different worksites. 

4 (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI5 NATION.—For purposes of subsections (a) and (b), dis6 crimination with respect to compensation, terms, condi7 tions, or privileges of employment occurs if a person un8 dertakes any of the following activities (unless such activ9 ity is legal conduct undertaken at the express and specific 

10 direction or request of the Federal Government): 

11 (1) Reporting, or threatening to report, the citi12 zenship or immigration status of a domestic worker, 

13 or the suspected citizenship or immigration status of 

14 a family member of such an individual, to a Federal, 

15 State, or local agency. 

16 (2) Requesting more or different documents 

17 than those required under section 274A(b) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1324a(b)), or refusing to honor documents that on 

20 their face appear to be genuine. 

21 (3) Using the Federal E-Verify system to check 

22 employment status in a manner not required under 

23 section 274A(b) of the Immigration and Nationality 

24 Act (8 U.S.C. 1324a(b)) or any memorandum gov25 erning use of the E-Verify system. 


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1 (4) Filing, or threatening to file, a false police 

2 report relating to the immigration status of a do3 mestic worker, or a family member of a domestic 

4 worker. 

5 (5) Contacting, or threatening to contact, immi6 gration authorities relating to the immigration sta7 tus of a domestic worker, or a family member of a 

8 domestic worker. 

9 (d) PRESUMPTION OF RETALIATION.— 

10 (1) IN GENERAL.—For the purposes of sub11 sections (a) and (b), proof that a person discharged 

12 an individual, or discriminated against an individual 

13 with respect to compensation, terms, conditions, or 

14 privileges of employment, within 90 days of the indi15 vidual involved asserting any claim or right under 

16 this subtitle, or assisting any other individual in as17 serting such a claim or right, shall raise a presump18 tion that the discharge or discrimination was in re19 taliation as prohibited under subsection (a) or (b), 

20 as the case may be. 

21 (2) REBUTTAL.—The presumption under para22 graph (1) may be rebutted by clear and convincing 

23 evidence that such discharge or discrimination was 

24 taken for another permissible reason. 


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1 SEC. 118. ENFORCEMENT AUTHORITY. 

2 (a) IN GENERAL.— 

3 (1) APPLICATION.—In this subsection— 

4 (A) the term ‘‘domestic worker’’ means a 

5 domestic worker described in subsection 

6 (e)(1)(A); and 

7 (B) the term ‘‘domestic work hiring enti8 ty’’ means a domestic work hiring entity de9 scribed in subsection (e)(2)(A). 

10 (2) INVESTIGATIVE AUTHORITY.— 

11 (A) IN GENERAL.—To ensure compliance 

12 with the provisions of this subtitle, or any regu13 lation or order issued under this subtitle, the 

14 Secretary shall have the investigative authority 

15 provided under section 11(a) of the Fair Labor 

16 Standards Act of 1938 (29 U.S.C. 211(a)), 

17 with respect to hiring entities, domestic work18 ers, and other individuals affected. 

19 (B) OBLIGATION TO KEEP AND PRESERVE

20 RECORDS.—A domestic work hiring entity shall 

21 make, keep, and preserve records pertaining to 

22 compliance with this subtitle in accordance with 

23 section 11(c) of the Fair Labor Standards Act 

24 of 1938 (29 U.S.C. 211(c)) and in accordance 

25 with regulations prescribed by the Secretary. 


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1 (C) REQUIRED SUBMISSIONS GENERALLY

2 LIMITED TO AN ANNUAL BASIS.—The Secretary 

3 shall not require under this paragraph a domes4 tic work hiring entity to submit to the Sec5 retary any books or records more than once 

6 during any 12-month period, unless the Sec7 retary— 

8 (i) has reasonable cause to believe 

9 there may exist a violation of this subtitle, 

10 including any regulation or order issued 

11 under this subtitle; or 

12 (ii) is investigating a charge under 

13 paragraph (4). 

14 (D) SUBPOENA AUTHORITY.—For the pur15 poses of any investigation under this paragraph, 

16 the Secretary shall have the subpoena authority 

17 provided under section 9 of the Fair Labor 

18 Standards Act of 1938 (29 U.S.C. 209). 

19 (3) CIVIL ACTION BY DOMESTIC WORKERS.— 

20 (A) RIGHT OF ACTION.—An action to re21 cover the damages or equitable relief prescribed 

22 in subparagraph (B) may be maintained 

23 against a domestic work hiring entity by one or 

24 more domestic workers, or a representative for 

25 and on behalf of the domestic workers and any 


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1 other domestic workers that may be similarly 

2 situated. 

3 (B) LIABILITY.—A domestic work hiring 

4 entity that violates this subtitle shall be liable 

5 to a domestic worker aggrieved by the violation, 

6 except as provided in subparagraphs (C) and 

7 (D), for— 

8 (i) damages equal to— 

9 (I) the amount of— 

10 (aa) any wages, salary, em11 ployment benefits, or other com12 pensation denied or lost by rea13 son of the violation; or 

14 (bb) in a case in which 

15 wages, salary, employment bene16 fits, or other compensation have 

17 not been denied or lost, any ac18 tual monetary losses sustained, 

19 or the costs reasonably related to 

20 damage to or loss of property, or 

21 any other injury to the person, 

22 reputation, character, or feelings, 

23 sustained by a domestic worker 

24 as a direct result of the violation, 

25 or any injury to another person 


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1 sustained as a direct result of the 

2 violation, by the domestic work 

3 hiring entity; 

4 (II) the interest on the amount 

5 described in subclause (I) calculated 

6 at the prevailing rate; 

7 (III) an additional amount as liq8 uidated damages; and 

9 (IV) such other legal relief as 

10 may be appropriate; 

11 (ii) such equitable relief as may be ap12 propriate, including employment, reinstate13 ment, and promotion; and 

14 (iii) a reasonable attorney’s fee, rea15 sonable expert witness fees, and other costs 

16 of the action. 

17 (C) MEAL AND REST BREAKS.—In the case 

18 of a violation of section 115, the domestic work 

19 hiring entity involved shall be liable under sub20 paragraph (B)— 

21 (i) for the amount of damages de22 scribed in subclauses (I), (II), and (III) of 

23 subparagraph (B)(i); and 

24 (ii) under subparagraph (B)(i)(IV), 

25 for each such violation, for an amount 


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1 equal to 1 hour of pay at the domestic 

2 worker’s regular rate of compensation (but 

3 not more than 2 hours of such pay for 

4 each workday for which the domestic work 

5 hiring entity is in violation of such sec6 tion). 

7 (D) WRITTEN AGREEMENTS.—In the case 

8 of a violation of section 110, the domestic work 

9 hiring entity involved shall be liable, under sub10 paragraph (B)(i)(I), for an amount equal to 

11 $5,000. 

12 (E) VENUE.—An action under this para13 graph may be maintained in any Federal or 

14 State court of competent jurisdiction. 

15 (4) ACTION BY THE SECRETARY.— 

16 (A) ADMINISTRATIVE ACTION.— 

17 (i) IN GENERAL.—Subject to clause 

18 (ii), and subparagraphs (C) and (D) of 

19 paragraph (3), the Secretary shall receive, 

20 investigate, and attempt to resolve com21 plaints of violations of this subtitle in the 

22 same manner that the Secretary receives, 

23 investigates, and attempts to resolve com24 plaints of violations of sections 6, 7, and 

25 15(a)(3) of the Fair Labor Standards Act 


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1 of 1938 (29 U.S.C. 206, 207, and 

2 215(a)(3)), including the Secretary’s au3 thority to supervise payment of wages and 

4 compensation under section 16(c) of the 

5 Fair Labor Standards Act of 1938 (29 

6 U.S.C. 216(c)). 

7 (ii) VIOLATIONS GENERALLY.—The 

8 Secretary may assess a civil penalty 

9 against a domestic work hiring entity that 

10 violates any section of this subtitle— 

11 (I) of not more than $15,000 for 

12 any first violation of any such section 

13 by such domestic work hiring entity; 

14 and 

15 (II) of not more than $25,000 

16 for any subsequent violation of any 

17 such section by such domestic work 

18 hiring entity. 

19 (B) ADMINISTRATIVE REVIEW.—Any ag20 grieved dislocated worker who takes exception 

21 to an order issued by the Secretary under sub22 paragraph (A) may request review of and a de23 cision regarding such order by an administra24 tive law judge. In reviewing the order, the ad25 ministrative law judge may hold an administraVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 tive hearing concerning the order, in accordance 

2 with the requirements of sections 554, 556, and 

3 557 of title 5, United States Code. Such hear4 ing shall be conducted expeditiously. If no ag5 grieved dislocated worker requests such review 

6 within 60 days after the order is issued under 

7 subparagraph (A), the order shall be considered 

8 to be a final order that is not subject to judicial 

9 review. 

10 (C) CIVIL ACTION.—The Secretary may 

11 bring an action in any court of competent juris12 diction to recover amounts described in para13 graph (3)(B) on behalf of a domestic worker 

14 aggrieved by a violation of this subtitle. 

15 (D) SUMS RECOVERED.— 

16 (i) IN GENERAL.—Any sums recovered 

17 by the Secretary under subparagraph (C) 

18 shall be held in a special deposit account 

19 and shall be paid, on order of the Sec20 retary, directly to each domestic worker 

21 aggrieved by the violation for which the ac22 tion was brought. Any such sums not paid 

23 to a domestic worker because of inability 

24 to do so within a period of 3 years shall be 


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1 deposited into the Treasury of the United 

2 States as a miscellaneous receipt. 

3 (ii) CIVIL PENALTY.—Any sums re4 covered by the Secretary under subpara5 graph (A)(ii) shall be deposited into the 

6 general fund of the Treasury of the United 

7 States as a miscellaneous receipt. 

8 (5) LIMITATION.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), an action may be brought 

11 under paragraph (3), (4), or (6) not later than 

12 2 years after the date of the last event consti13 tuting the alleged violation for which the action 

14 is brought. 

15 (B) WILLFUL VIOLATION.—In the case of 

16 an action brought for a willful violation of this 

17 subtitle, such action may be brought not later 

18 than 3 years after the date of the last event 

19 constituting the alleged violation for which such 

20 action is brought. 

21 (C) COMMENCEMENT.—An action shall be 

22 considered commenced under paragraph (3), 

23 (4), or (6) for the purposes of this paragraph 

24 on the date on which the complaint is filed 

25 under such paragraph (3), (4), or (6). 


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1 (6) ACTION FOR INJUNCTION.—The district 

2 courts of the United States together with the Dis3 trict Court of the Virgin Islands and the District 

4 Court of Guam shall have jurisdiction, for cause 

5 shown, in an action brought by a domestic worker 

6 or the Secretary— 

7 (A) to restrain violations of this subtitle, 

8 including the withholding of a written agree9 ment from a domestic worker as required under 

10 section 110, or of any withholding of payment 

11 of wages, salary, employment benefits, or other 

12 compensation, plus interest, found by the court 

13 to be due to a domestic worker under this sub14 title; or 

15 (B) to award such other equitable relief as 

16 may be appropriate, including employment, re17 instatement, and promotion, for a violation of 

18 this subtitle. 

19 (7) SOLICITOR OF LABOR.—The Solicitor of 

20 Labor may appear for and represent the Secretary 

21 on any litigation brought under paragraph (4) or 

22 (6). 

23 (8) GOVERNMENT ACCOUNTABILITY OFFICE

24 AND LIBRARY OF CONGRESS.—Notwithstanding any 

25 other provision of this subsection, in the case of the 


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1 Government Accountability Office and the Library of 

2 Congress, the authority of the Secretary of Labor 

3 under this subsection shall be exercised respectively 

4 by the Comptroller General of the United States and 

5 the Librarian of Congress. 

6 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC7 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

8 procedures provided in the Congressional Accountability 

9 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de10 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

11 person, alleging a violation of section 202(a)(1) of that 

12 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

13 and procedures this Act provides to that Board, or any 

14 person, alleging an unlawful employment practice in viola15 tion of this subtitle against a domestic worker described 

16 in subsection (e)(1)(B). 

17 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

18 3, UNITED STATES CODE.—The powers, remedies, and 

19 procedures provided in chapter 5 of title 3, United States 

20 Code, to the President, the Merit Systems Protection 

21 Board, or any person, alleging a violation of section 

22 412(a)(1) of that title, shall be the powers, remedies, and 

23 procedures this Act provides to the President, that Board, 

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1 ment practice in violation of this subtitle against a domes2 tic worker described in subsection (e)(1)(C). 

3 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

4 5, UNITED STATES CODE.—The powers, remedies, and 

5 procedures provided in title 5, United States Code, to an 

6 employing agency, provided in chapter 12 of that title to 

7 the Merit Systems Protection Board, or provided in that 

8 title to any person, alleging a violation of chapter 63 of 

9 that title, shall be the powers, remedies, and procedures 

10 this Act provides to that agency, that Board, or any per11 son, respectively, alleging an unlawful employment prac12 tice in violation of this subtitle against a domestic worker 

13 described in subsection (e)(1)(D). 

14 (e) DEFINITION.—In section 117 and this section, ex15 cept as otherwise provided in this subsection: 

16 (1) DOMESTIC WORKER.—Notwithstanding sec17 tion 3, the term ‘‘domestic worker’’ means a domes18 tic worker— 

19 (A) as defined in section 3(b)(6) except 

20 that a reference in that section to an individual 

21 or employee shall be considered to be a ref22 erence to an individual compensated for services 

23 provided to an entity described in paragraph 

24 (2)(A); 


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1 (B) as defined in section 3(b)(6) except 

2 that a reference in that section to an individual 

3 or employee shall be considered to be a ref4 erence to an individual compensated for services 

5 provided to an entity described in paragraph 

6 (2)(B); 

7 (C) as defined in section 3(b)(6) except 

8 that a reference in that section to an individual 

9 or employee shall be considered to be a ref10 erence to an individual compensated for services 

11 provided to an entity described in paragraph 

12 (2)(C); and 

13 (D) as defined in section 3(b)(6) except 

14 that a reference in that section to an individual 

15 or employee shall be considered to be a ref16 erence to an individual compensated for services 

17 provided to an entity described in paragraph 

18 (2)(D). 

19 (2) DOMESTIC WORK HIRING ENTITY.—Not20 withstanding section 3, the term ‘‘domestic work hir21 ing entity’’ means a domestic work hiring entity— 

22 (A) as defined in section 3(b)(7) except 

23 that a reference in that section to a person or 

24 employer shall be considered to be a reference 

25 to an employer described in clause (i) or (ii) of 


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1 subparagraph (A), and subparagraph (B), of 

2 paragraph (3); 

3 (B) as defined in section 3(b)(7) except 

4 that a reference in that section to a person or 

5 employer shall be considered to be a reference 

6 to an employer described in subparagraphs 

7 (A)(iii) and (B) of paragraph (3); 

8 (C) as defined in section 3(b)(7) except 

9 that a reference in that section to a person or 

10 employer shall be considered to be a reference 

11 to an employer described in subparagraphs 

12 (A)(iv) and (B) of paragraph (3); and 

13 (D) as defined in section 3(b)(7) except 

14 that a reference in that section to a person or 

15 employer shall be considered to be a reference 

16 to an employer described in subparagraphs 

17 (A)(v) and (B) of paragraph (3)(A). 

18 (3) EMPLOYER.—Notwithstanding section 3, 

19 for purposes of paragraph (2), the term ‘‘employer’’ 

20 means a person who is— 

21 (A)(i) an employer, as defined in section 

22 3(a), who is not covered under another clause 

23 of this subparagraph; 


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1 (ii) an entity employing a State employee 

2 described in section 304(a) of the Government 

3 Employee Rights Act of 1991; 

4 (iii) an employing office, as defined in sec5 tion 101 of the Congressional Accountability 

6 Act of 1995; 

7 (iv) an employing office, as defined in sec8 tion 411(c) of title 3, United States Code; or 

9 (v) an employing agency covered under 

10 subchapter V of chapter 63 of title 5, United 

11 States Code; and 

12 (B) an enterprise engaged in commerce or 

13 in the production of goods for commerce. 

14 (4) EMPLOYMENT.—Notwithstanding section 3, 

15 the term ‘‘employment’’ includes service as a domes16 tic worker. 

17 SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS 

18 AND OTHER LAWS. 

19 (a) IN GENERAL.—Nothing in this subtitle shall— 

20 (1) supersede a provision in a collective bar21 gaining agreement; or 

22 (2) be construed to diminish the obligation of a 

23 domestic work hiring entity to comply with any con24 tract, collective bargaining agreement, or employ25 ment benefit program or plan that provides greater 


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1 rights or benefits to domestic workers than the 

2 rights established under this Act. 

3 (b) OTHER LAWS.—Nothing in this subtitle shall— 

4 (1) affect the obligation of a domestic work hir5 ing entity to provide a reasonable accommodation in 

6 the form of a change to the work schedule of a do7 mestic worker required under any other law, or to 

8 otherwise comply with any other law; 

9 (2) preempt, limit, or otherwise affect the appli10 cability of any State or local law that provides com11 parable or superior benefits for domestic workers to 

12 the requirements under this subtitle; or 

13 (3) diminish the rights, privileges, or remedies 

14 of any domestic worker under any Federal or State 

15 law or under any collective bargaining agreement. 

16 (c) NO WAIVERS.—The rights and remedies in this 

17 subtitle may not be waived by a domestic worker through 

18 any agreement, policy, or form, or as a condition of em19 ployment. 

20 Subtitle C—Domestic Worker 

21 Health and Safety 

22 SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE. 

23 (a) IN GENERAL.—The Secretary shall award a 

24 grant, on a competitive basis, to an entity eligible under 

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1 ers may call to report emergencies, seek emergency serv2 ices, or seek support or guidance in lieu of emergency serv3 ices. 

4 (b) ELIGIBILITY.—In order to be eligible to receive 

5 a grant under subsection (a), an entity shall— 

6 (1) be an entity described in paragraph (3), (5), 

7 or (6) of section 501(c) of the Internal Revenue 

8 Code of 1986 and exempt from taxation under sec9 tion 501(a) of such Code; 

10 (2) have a demonstrated expertise in and expe11 rience with domestic workers; 

12 (3) employ or otherwise engage domestic work13 ers in the performance of domestic services; 

14 (4) have a leadership or board structure that 

15 includes domestic workers; and 

16 (5) comply with any other criteria established 

17 by the Secretary for purposes of this section. 

18 SEC. 122. ACCESS TO HEALTH AND SAFETY. 

19 (a) STANDARD FOR DOMESTIC WORKERS.— 

20 (1) STANDARD.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date of enactment of this Act, the 

23 Consumer Product Safety Commission shall, to 

24 improve the health and safety of domestic work25 ers that clean private homes, promulgate a conVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 sumer product safety standard under section 7 

2 of the Consumer Product Safety Act (15 U.S.C. 

3 2056) to require manufacturers of household 

4 cleaning supplies to— 

5 (i) make safety data sheets for any 

6 household cleaning supply that contains a 

7 hazardous chemical available on the 

8 website of the manufacturer in a manner 

9 that ensures such safety data sheets are 

10 easily accessed via the name of the specific 

11 product line; 

12 (ii) translate such safety data sheets 

13 into multiple languages, including all lan14 guages in which the Secretary, acting 

15 through the Administrator of the Wage 

16 and Hour Division, translates the basic in17 formation fact sheet published by the Ad18 ministrator; and 

19 (iii) create and provide, for use on 

20 small secondary containers, small labels 

21 with the name of the product and its ingre22 dients as listed on the safety data sheet. 

23 (B) CIVIL PENALTY.—Notwithstanding 

24 section 20 of the Consumer Product Safety Act 

25 (15 U.S.C. 2069), or any other provision of 


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1 that Act, any person that knowingly violates the 

2 requirements of the standard promulgated 

3 under subparagraph (A) shall be subject to a 

4 civil penalty not to exceed $500 for each viola5 tion. 

6 (2) EDUCATIONAL MATERIALS FOR WORK7 ERS.—The Consumer Product Safety Commission 

8 shall produce educational materials for consumers 

9 and domestic workers regarding requirements for 

10 safety data sheets and translate such materials into 

11 multiple languages, including all languages described 

12 in paragraph (1)(A)(ii). 

13 (3) DEFINITIONS.—In this subsection: 

14 (A) HAZARDOUS CHEMICAL.—The term 

15 ‘‘hazardous chemical’’ has the meaning given 

16 such term in section 1910.1200(c) of title 29, 

17 Code of Federal Regulations, or a successor 

18 regulation. 

19 (B) HOUSEHOLD CLEANING SUPPLY.—The 

20 term ‘‘household cleaning supply’’— 

21 (i) means any product, including a 

22 soap or detergent containing a surfactant 

23 as a wetting or dirt emulsifying agent, that 

24 is used primarily for domestic or commer25 cial cleaning purposes, including the 


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1 cleansing of fabrics, dishes, food utensils, 

2 and household and commercial premises; 

3 and 

4 (ii) does not include— 

5 (I) food, drugs, or cosmetics, in6 cluding personal care items such as 

7 toothpaste, shampoo, or hand soap; or 

8 (II) products labeled, advertised, 

9 marketed, or distributed for use pri10 marily as a pesticide subject to the 

11 Federal Insecticide, Fungicide, and 

12 Rodenticide Act (7 U.S.C. 136 et 

13 seq.). 

14 (C) SAFETY DATA SHEETS.—The term 

15 ‘‘safety data sheets’’ means the safety data 

16 sheets required under section 1910.1200 of title 

17 29, Code of Federal Regulations, or a successor 

18 regulation. 

19 (b) NIOSH EDUCATIONAL MATERIALS.—Not later 

20 than 1 year after the date of enactment of this Act, the 

21 Director of the National Institute for Occupational Safety 

22 and Health shall develop and publish educational mate23 rials on protecting the health and safety of domestic work24 ers who provide child care or cleaning services. 


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1 SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING 

2 GRANTS. 

3 The Secretary shall, in awarding Susan Harwood 

4 training grants under the Occupational Safety and Health 

5 Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards 

6 facing domestic workers are included as a topic for train7 ing in any announcement for such grants issued after the 

8 date of enactment of this Act. 

9 SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS 

10 STUDY. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Comptroller General 

13 of the United States shall submit a report, to the Inter14 agency Task Force on Domestic Workers Bill of Rights 

15 Enforcement established under section 303(a) and Con16 gress, on ways to expedite public support to ensure that 

17 survivors of workplace harassment in low-wage, vulner18 able, and marginalized sectors, such as the domestic serv19 ice sector, can access support for any of the following: 

20 (1) Housing services. 

21 (2) Health care services, including mental 

22 health services. 

23 (3) Counseling services. 

24 (4) Workers’ compensation. 

25 (5) Unemployment insurance. 

26 (6) Disability benefits. 


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1 (7) Transportation stipends. 

2 (8) Support for caregiving needs, including paid 

3 leave, child care, and care for an individual related 

4 to the survivor by blood or affinity or whose close 

5 association with the survivor is the equivalent of a 

6 family relationship. 

7 (9) Any other support determined appropriate 

8 by the Secretary. 

9 (b) RECOMMENDATIONS.—The report required under 

10 subsection (a) shall— 

11 (1) include specific recommendations for each 

12 type of support listed in paragraphs (1) through (8) 

13 of such subsection; and 

14 (2) take into account that support is needed re15 gardless of immigration or citizenship status. 

16 Subtitle D—Amendment to Title 

17 VII of Civil Rights Act of 1964 

18 SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN 

19 CIVIL RIGHTS PROTECTIONS AGAINST DIS20 CRIMINATION IN EMPLOYMENT. 

21 Section 701(b) of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000e(b)) is amended by striking ‘‘fifteen’’ and in23 serting ‘‘one’’. 


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1 TITLE II—STANDARDS BOARD, 

2 BENEFITS, AND WORKFORCE 

3 INVESTMENT 

4 SEC. 201. DOMESTIC WORKER STANDARDS BOARD. 

5 (a) ESTABLISHMENT AND PURPOSES.—The Sec6 retary shall establish a board to be known as the ‘‘Domes7 tic Worker Standards Board’’ (referred to in this section 

8 as the ‘‘Board’’) to investigate standards in the domestic 

9 workers industry, and issue recommendations to the Sec10 retary under subsection (e)(1), in order to promote the 

11 health, safety, and well-being of domestic workers. 

12 (b) MEMBERSHIP.— 

13 (1) COMPOSITION.—The Board shall be com14 posed of 11 members, of which— 

15 (A) 5 shall be individuals, appointed by the 

16 Secretary in accordance with paragraph (2), 

17 representing domestic workers; 

18 (B) 5 shall be individuals, appointed by the 

19 Secretary in accordance with paragraph (3), 

20 representing domestic work hiring entities; and 

21 (C) 1 shall be an individual appointed by 

22 the Secretary who is an expert on the domestic 

23 services sector from academia, the nonprofit 

24 sector, or a Federal, State, or local govern25 mental agency. 


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1 (2) DOMESTIC WORKERS SEATS.— 

2 (A) IN GENERAL.—The Secretary shall ap3 point members of the Board representing do4 mestic workers from among individuals nomi5 nated under subparagraph (B) by eligible work6 er organizations. 

7 (B) SELECTION OF ELIGIBLE WORKER OR8 GANIZATIONS.—The Secretary shall enter into 

9 agreements, on a competitive basis, with eligible 

10 worker organizations for such organizations to 

11 nominate individuals to serve as members of the 

12 Board representing domestic workers. 

13 (C) SELECTING INDIVIDUALS ON THE

14 BOARD.—For each individual nominated under 

15 subparagraph (B), the Secretary shall submit a 

16 report to Congress indicating whether the Sec17 retary has decided to appoint the individual to 

18 the Board and the reasons for such decision. 

19 (D) DEFINITION OF ELIGIBLE WORKER

20 ORGANIZATION.—In this paragraph, the term 

21 ‘‘eligible worker organization’’ means an organi22 zation that— 

23 (i) is not a hiring entity or employ24 ment agency; 


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1 (ii) represents members of the organi2 zation, including domestic workers; 

3 (iii)(I) is described in paragraph (3), 

4 (4), or (5) of section 501(c) of the Internal 

5 Revenue Code of 1986, and exempt from 

6 taxation under section 501(a) of such 

7 Code; and 

8 (II) is organized and operated for the 

9 betterment of workers, including domestic 

10 workers; 

11 (iv) engages in public advocacy to pro12 mote the health and well-being of domestic 

13 workers; 

14 (v) has a governing structure that 

15 promotes the decision-making power of do16 mestic workers; and 

17 (vi) submits an application to the Sec18 retary at such time, in such manner, and 

19 containing such information as the Sec20 retary may reasonably require. 

21 (3) DOMESTIC WORK HIRING ENTITY SEATS.— 

22 (A) IN GENERAL.—The Secretary shall ap23 point members of the Board representing do24 mestic work hiring entities from among individVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 uals nominated by eligible hiring organizations 

2 under subparagraph (B). 

3 (B) SELECTION OF ELIGIBLE HIRING OR4 GANIZATIONS.—The Secretary shall enter into 

5 agreements on a competitive basis with eligible 

6 hiring organizations for such organizations to 

7 nominate individuals to serve as members of the 

8 Board representing domestic work hiring enti9 ties. 

10 (C) SELECTING INDIVIDUALS ON THE

11 BOARD.— 

12 (i) IN GENERAL.—For each individual 

13 nominated under subparagraph (B), the 

14 Secretary shall submit a report to Con15 gress indicating whether the Secretary has 

16 decided to appoint the individual to the 

17 Board and the reasons for such decision. 

18 (ii) REQUIREMENTS FOR APPOINT19 MENTS.—The Secretary shall ensure 

20 that— 

21 (I) not less than 2 seats under 

22 this paragraph are filled by an indi23 vidual who contracts with, or hires, 1 

24 domestic worker to work in the resi25 dence of the individual; 


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1 (II) not less than 1 seat under 

2 this paragraph is filled by a nomina3 tion from an eligible hiring organiza4 tion that is dedicated to the well-being 

5 of domestic workers; 

6 (III) not less than 1 seat under 

7 this paragraph is filled by an indi8 vidual who relies on a personal care 

9 aide or assistant financed through a 

10 State Medicaid program under title 

11 XIX of the Social Security Act (42 

12 U.S.C. 1396 et seq.); 

13 (IV) not less than 1 seat under 

14 this paragraph is filled by an indi15 vidual who— 

16 (aa) is an adult family mem17 ber of a Medicaid HCBS-eligible 

18 elderly individual or an individual 

19 with a disability; 

20 (bb) is an informal provider 

21 of in-home care to such Medicaid 

22 HCBS-eligible elderly individual 

23 or individual with a disability; 

24 and 


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1 (cc) contracts with, or hires, 

2 1 or more domestic workers to 

3 provide additional care for the 

4 Medicaid HCBS-eligible elderly 

5 individual or individual with a 

6 disability; 

7 (V) a single domestic work hiring 

8 entity does not fill more than 1 seat 

9 under this paragraph; and 

10 (VI) any domestic work hiring 

11 entity serving on the Board satisfies 

12 the requirements under clause (iii). 

13 (iii) DISCLOSURE OF LABOR VIOLA14 TIONS.— 

15 (I) IN GENERAL.—The Secretary 

16 shall require that each domestic work 

17 hiring entity that serves on the Board 

18 disclose to the Secretary, with respect 

19 to the preceding 5-year period— 

20 (aa) any administrative mer21 its determination, arbitral award 

22 or decision, or civil judgment, 

23 rendered against the entity for a 

24 violation of the labor laws listed 

25 in subclause (II); and 


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1 (bb) any steps taken by the 

2 entity to correct a violation of or 

3 improve compliance with the 

4 labor laws listed in subclause 

5 (II), including any agreement en6 tered into with an enforcement 

7 agency. 

8 (II) LABOR LAWS.—The labor 

9 laws described in this subclause are 

10 each of the following: 

11 (aa) The Fair Labor Stand12 ards Act of 1938 (29 U.S.C. 201 

13 et seq.). 

14 (bb) Title VII of the Civil 

15 Rights Act of 1964 (42 U.S.C. 

16 2000e et seq.). 

17 (cc) The Occupational Safe18 ty and Health Act of 1970 (29 

19 U.S.C. 651 et seq.). 

20 (III) RESPONSIBLE SOURCE.— 

21 The Secretary shall consider informa22 tion disclosed by a domestic work hir23 ing entity under this clause to deter24 mine whether the entity has a satis25 factory record of integrity and busiVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 ness ethics for purposes of deter2 mining whether the entity shall serve 

3 on the Board. 

4 (D) DEFINITION OF ELIGIBLE HIRING OR5 GANIZATION.—In this paragraph, the term ‘‘eli6 gible hiring organization’’ means an organiza7 tion that— 

8 (i)(I) is an agency employing 2 or 

9 more domestic workers; or 

10 (II) is an association of 2 or more in11 dividuals who hire or contract with domes12 tic workers; and 

13 (ii) submits an application to the Sec14 retary at such time, in such manner, and 

15 containing such information as the Sec16 retary may reasonably require. 

17 (4) CHAIRPERSON.—The Board shall select a 

18 Chairperson from among the members of the Board. 

19 (5) EXECUTIVE COMMITTEE.—The Chairperson 

20 shall assign an executive committee of 3 members of 

21 the Board, including not less than 1 representative 

22 appointed under paragraph (2) and 1 representative 

23 appointed under paragraph (3). Such executive com24 mittee shall establish an agenda and a work plan for 

25 the Board. 


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1 (c) TERMS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), each member of the Board shall serve a 

4 term of 2 years. 

5 (2) INITIAL MEMBERS.—The Secretary shall 

6 stagger the terms of the Board members such 

7 that— 

8 (A) 6 of the initial members appointed to 

9 the Board serve a term of 4 years, including 3 

10 of the members described in subsection 

11 (b)(1)(A) and 3 of the members described in 

12 subsection (b)(1)(B); and 

13 (B) 5 of the initial members appointed to 

14 the Board serve a term of 2 years, including 2 

15 of the members described in subsection 

16 (b)(1)(A), 2 of the members described in sub17 section (b)(1)(B), and the member described in 

18 subsection (b)(1)(C). 

19 (3) VACANCIES.— 

20 (A) IN GENERAL.—A vacancy on the 

21 Board— 

22 (i) shall not affect the powers of the 

23 Board; and 

24 (ii) shall be filled in the same manner 

25 as the original appointment was made and 


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1 shall be subject to any conditions that ap2 plied with respect to the original appoint3 ment. 

4 (B) FILLING UNEXPIRED TERMS.—An in5 dividual chosen to fill a vacancy shall be ap6 pointed for the unexpired term of the member 

7 replaced. 

8 (C) PRESUMPTION.—If a member of the 

9 Board is unable to fill the duties of the member 

10 in serving on the Board, or leaves the domestic 

11 service industry, for a period that exceeds 90 

12 days while serving on the Board, the seat of the 

13 member shall be considered a vacancy for pur14 poses of this paragraph. 

15 (d) MEETINGS.— 

16 (1) IN GENERAL.—The Board shall meet at the 

17 call of the Chairperson. 

18 (2) PUBLIC NOTICE.—The call of the Chair19 person under paragraph (1) shall include notice to 

20 the public of the meeting. 

21 (3) INITIAL MEETING.—Not later than 90 days 

22 after the date on which all members of the Board 

23 have been appointed, the Board shall hold the initial 

24 meeting of the Board. 

25 (e) STANDARDS.— 


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1 (1) PROCESS FOR RECOMMENDING STAND2 ARDS.— 

3 (A) IN GENERAL.—Not later than 1 year 

4 after the date of enactment of this Act, and 

5 every 3 years thereafter, the Board shall issue 

6 recommendations to the Secretary for standards 

7 that affect the well-being of domestic workers, 

8 including recommendations for— 

9 (i) workplace standards for domestic 

10 workers, including standards for— 

11 (I) occupational safety and 

12 health, that include the immediate 

13 protection of domestic workers and 

14 domestic work hiring entities from in15 fectious diseases such as COVID–19; 

16 (II) wages; 

17 (III) hours; 

18 (IV) benefits; and 

19 (V) other matters that impact 

20 working conditions; and 

21 (ii) implementing and enforcing the 

22 rights of domestic workers granted under 

23 this Act and other Federal laws, including 

24 rights for minimum wage, health, safety, 

25 and other workplace standards. 


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1 (B) VOTING.—Any decision of the Board 

2 regarding a recommendation issued under sub3 paragraph (A) shall be decided through a vote 

4 of the Board. In any such vote: 

5 (i) Each voting member of the Board 

6 shall have 1 vote. 

7 (ii) A quorum of the members of the 

8 Board shall be required to be in attend9 ance at the vote. A quorum shall not be 

10 formed if there are in attendance fewer 

11 than— 

12 (I) 2 members of the Board de13 scribed in subsection (b)(1)(A); or 

14 (II) 2 members of the Board de15 scribed in subsection (b)(1)(B). 

16 (iii) The vote shall be agreed to upon 

17 the affirmative vote of not less than a ma18 jority of the members of the Board present 

19 and voting. 

20 (2) RULEMAKING.— 

21 (A) AUTHORITY.—Subject to requirements 

22 under other law and paragraph (3), the Sec23 retary may issue a rule, in accordance with sec24 tion 553 of title 5, United States Code, regardVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 ing any standard recommended by the Board 

2 under paragraph (1). 

3 (B) DECISION.— 

4 (i) IN GENERAL.—Not later than 90 

5 days after receiving a recommendation 

6 from the Board under paragraph (1), the 

7 Secretary shall issue a decision on— 

8 (I) whether the Secretary will 

9 issue a rule under subparagraph (A) 

10 regarding such recommendation; and 

11 (II) if the Secretary issues such a 

12 rule, whether the Secretary will devi13 ate from such recommendation 

14 through such rule. 

15 (ii) EXPLANATORY STATEMENT.—If 

16 the Secretary decides not to issue a rule 

17 under subparagraph (A) regarding a rec18 ommendation under paragraph (1) or de19 cides to deviate from such recommendation 

20 in such a rule, the Secretary shall have 90 

21 days after receiving such recommendation 

22 to issue a statement explaining the deci23 sion. 

24 (C) WORKPLACE STANDARDS.—No stand25 ard included in a rule issued under subparaVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 graph (A) may be for a workplace standard 

2 that is less protective of domestic workers than 

3 any law in effect on the date of enactment of 

4 this Act for domestic workers under any State 

5 or local law. 

6 (3) RECOMMENDATIONS TO CONGRESS.— 

7 (A) IN GENERAL.—For any recommenda8 tion made by the Board under paragraph (1) 

9 that the Secretary determines is not within the 

10 authority of the Secretary, the Secretary shall 

11 make a recommendation to Congress to take ac12 tion on the recommendation. 

13 (B) HEARING AND INVESTIGATIONS.—Not 

14 later than 1 year after such a recommendation 

15 is made by the Secretary to Congress under 

16 subparagraph (A), Congress shall conduct a 

17 hearing on and investigate the recommendation. 

18 (C) RULEMAKING.—This paragraph is en19 acted by Congress— 

20 (i) as an exercise of the rulemaking 

21 power of the Senate and House of Rep22 resentatives, respectively, and as such it is 

23 deemed a part of the rules of each House, 

24 respectively, but applicable only with re25 spect to the procedure to be followed in 


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1 that House in the case of a joint resolu2 tion, and it supersedes other rules only to 

3 the extent that it is inconsistent with such 

4 rules; and 

5 (ii) with full recognition of the con6 stitutional right of either House to change 

7 the rules (so far as relating to the proce8 dure of that House) at any time, in the 

9 same manner, and to the same extent as in 

10 the case of any other rule of that House. 

11 (f) POWERS.— 

12 (1) HEARINGS.— 

13 (A) IN GENERAL.—The Board may hold 

14 such hearings, meet and act at such times and 

15 places, take such testimony, and receive such 

16 evidence as the Board considers advisable to 

17 carry out this section. 

18 (B) REQUIRED PUBLIC HEARINGS.—The 

19 Board shall, prior to issuing any recommenda20 tion under this section, hold public hearings to 

21 enable domestic workers across the United 

22 States to have access to the Board. Any such 

23 public hearing shall— 


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1 (i) be held at such a time, in such a 

2 location, and in such a facility that ensures 

3 accessibility for domestic workers; 

4 (ii) include interpretation services in 

5 the languages most commonly spoken by 

6 domestic workers in the geographic region 

7 of the hearing; 

8 (iii) be held in each of the regions 

9 served by the regional offices of the Wage 

10 and Hour Division of the Department of 

11 Labor; and 

12 (iv) include worker organizations in 

13 helping to populate the hearings. 

14 (2) INFORMATION FROM FEDERAL AGENCIES.— 

15 (A) IN GENERAL.—The Board may secure 

16 directly from a Federal agency such informa17 tion as the Board considers necessary to carry 

18 out this section. 

19 (B) PROVISION OF INFORMATION.—On re20 quest of the Chairperson of the Board, the head 

21 of the agency shall provide the information to 

22 the Board. 

23 (3) POSTAL SERVICES.—The Board may use 

24 the United States mails in the same manner and 


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1 under the same conditions as other agencies of the 

2 Federal Government. 

3 (4) GIFTS.—The Board may accept, use, and 

4 dispose of gifts or donations of services or property. 

5 (g) BOARD PERSONNEL MATTERS.— 

6 (1) COMPENSATION OF MEMBERS.— 

7 (A) NON-FEDERAL EMPLOYEES.—A mem8 ber of the Board who is not an officer or em9 ployee of the Federal Government shall be com10 pensated at a rate equal to the daily equivalent 

11 of the annual rate of basic pay prescribed for 

12 level IV of the Executive Schedule under section 

13 5315 of title 5, United States Code, for each 

14 day (including travel time) during which the 

15 member is engaged in the performance of the 

16 duties of the Board. 

17 (B) FEDERAL EMPLOYEES.—A member of 

18 the Board who is an officer or employee of the 

19 Federal Government shall serve without com20 pensation in addition to the compensation re21 ceived for the services of the member as an offi22 cer or employee of the Federal Government. 

23 (2) TRAVEL EXPENSES.—A member of the 

24 Board shall be allowed travel expenses, including per 

25 diem in lieu of subsistence, at rates authorized for 


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1 an employee of an agency under subchapter I of 

2 chapter 57 of title 5, United States Code, while 

3 away from the home or regular place of business of 

4 the member in the performance of the duties of the 

5 Board. 

6 (3) STAFF.— 

7 (A) IN GENERAL.—The Chairperson of the 

8 Board may, without regard to the civil service 

9 laws (including regulations), appoint and termi10 nate an executive director and such other addi11 tional personnel as are necessary to enable the 

12 Board to perform the duties of the Board. 

13 (B) REQUIRED STAFF MEMBERS.—The 

14 Secretary shall, in accordance with subpara15 graph (A), designate no fewer than 2 full-time 

16 staff members to support the operation of the 

17 Board through logistical, administrative, and 

18 legislative activities. 

19 (C) CONFIRMATION OF EXECUTIVE DIREC20 TOR.—The employment of an executive director 

21 shall be subject to confirmation by the Board. 

22 (D) COMPENSATION.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), the Chairperson of the Board 

25 may fix the compensation of the executive 


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1 director and other personnel without re2 gard to the provisions of chapter 51 and 

3 subchapter III of chapter 53 of title 5, 

4 United States Code, relating to classifica5 tion of positions and General Schedule pay 

6 rates. 

7 (ii) MAXIMUM RATE OF PAY.—The 

8 rate of pay for the executive director and 

9 other personnel shall not exceed the rate 

10 payable for level V of the Executive Sched11 ule under section 5316 of title 5, United 

12 States Code. 

13 (4) DETAIL OF FEDERAL GOVERNMENT EM14 PLOYEES.— 

15 (A) IN GENERAL.—An employee of the 

16 Federal Government may be detailed to the 

17 Board without reimbursement. 

18 (B) CIVIL SERVICE STATUS.—The detail of 

19 the employee shall be without interruption or 

20 loss of civil service status or privilege. 

21 (5) PROCUREMENT OF TEMPORARY AND INTER22 MITTENT SERVICES.—The Chairperson of the Board 

23 may procure temporary and intermittent services in 

24 accordance with section 3109(b) of title 5, United 

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1 ceed the daily equivalent of the annual rate of basic 

2 pay prescribed for level V of the Executive Schedule 

3 under section 5316 of that title. 

4 (h) RULE OF CONSTRUCTION FOR REPORTING RE5 QUIREMENTS.— 

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

7 an eligible worker organization of 1 or more individ8 uals to serve as members of the Board, nor service 

9 on the Board by a representative of an eligible work10 er organization, shall— 

11 (A) make the eligible worker organization 

12 subject to the reporting requirements for labor 

13 organizations under title II of the Labor-Man14 agement Reporting and Disclosure Act of 1959 

15 (29 U.S.C. 431 et seq.); or 

16 (B) be considered as a factor in any deter17 mination of whether the eligible worker organi18 zation is subject to such reporting require19 ments. 

20 (2) LMRDA REQUIREMENTS.—The status of 

21 an organization as an eligible worker organization 

22 shall not, by itself, make the organization subject to 

23 any reporting requirements under the Labor-Man24 agement Reporting and Disclosure Act of 1959 (29 

25 U.S.C. 401 et seq.). 


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1 (3) DEFINITION OF ELIGIBLE WORKER ORGANI2 ZATION.—For purposes of this subsection, the term 

3 ‘‘eligible worker organization’’ has the meaning 

4 given such term in subsection (b)(2)(D). 

5 (i) PROHIBITED ACTS.—No domestic work hiring en6 tity may take any action prohibited under paragraph (7) 

7 of section 117(b) with respect to a domestic worker par8 ticipating as a member of, or taking an action described 

9 in paragraph (8) of such section with respect to, the 

10 Board. 

11 (j) RULE OF CONSTRUCTION FOR STATE AND LOCAL

12 STANDARDS.—Nothing in this section shall preempt a 

13 State or local law with greater protections for domestic 

14 workers than the protections for such workers included in 

15 a standard issued through a rule under subsection (e)(2). 

16 (k) EFFECT ON EXISTING DOMESTIC WORKER BEN17 EFITS.— 

18 (1) MORE PROTECTIVE.—Nothing in this sec19 tion shall be construed to diminish the obligation of 

20 a domestic work hiring entity to comply with any 

21 contract, collective bargaining agreement, or any do22 mestic worker benefit program or plan that provides 

23 greater rights or benefits to domestic workers than 

24 the rights established under this Act. 


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1 (2) LESS PROTECTIVE.—The rights established 

2 for domestic workers under this section shall not be 

3 diminished by any contract, collective bargaining 

4 agreement, or any benefit program or plan. 

5 SEC. 202. DOMESTIC WORKERS’ BENEFITS STUDY. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—The Secretary shall conduct 

8 a study, which may be through a contract with an9 other entity, for the purpose of providing informa10 tion to labor organizations, domestic work hiring en11 tities, and the general public concerning how to in12 crease the number of domestic workers who have ac13 cess to a secure retirement, affordable health care, 

14 unemployment insurance, life insurance, and other 

15 common benefits provided to employees of large pri16 vate and public sector employers. 

17 (2) MATTERS.—The study conducted under 

18 paragraph (1) shall include— 

19 (A) a review of— 

20 (i) the levels of access to and usage of 

21 benefits for domestic workers, including re22 tirement savings, health insurance, and re23 duced health care costs, paid sick time, un24 employment insurance, disability and life 


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1 insurance, and paid family and medical 

2 leave; 

3 (ii) barriers for domestic workers to— 

4 (I) participate in the old-age, 

5 survivors, and disability insurance 

6 program established under title II of 

7 the Social Security Act (42 U.S.C. 

8 401 et seq.); 

9 (II) obtain disability insurance; 

10 (III) access and use benefits, in11 cluding the old-age, survivors, and 

12 disability insurance program estab13 lished under title II of the Social Se14 curity Act (42 U.S.C. 401 et seq.), 

15 the Medicare program established 

16 under title XVIII of the Social Secu17 rity Act (42 U.S.C. 1395 et seq.), the 

18 Medicaid program established under 

19 title XIX of that Act (42 U.S.C. 1396 

20 et seq.), unemployment insurance, any 

21 benefits provided under the Patient 

22 Protection and Affordable Care Act 

23 (Public Law 111–148), including the 

24 amendments made by that Act, paid 

25 family and medical leave, paid sick 


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1 time, and any additional benefits iden2 tified by the Secretary, including such 

3 benefits that are portable from job to 

4 job; 

5 (IV) otherwise access affordable 

6 health insurance; and 

7 (V) access any other benefits de8 scribed in clause (i); 

9 (iii) the portability of work-related 

10 benefits for domestic workers and the laws, 

11 including regulations, preventing innova12 tion and improvement in the portability of 

13 such benefits; and 

14 (iv) whether domestic workers bene15 fitted from the emergency family and med16 ical leave and emergency paid sick leave 

17 provisions under the Families First 

18 Coronavirus Response Act (Public Law 

19 116–127), including the amendments made 

20 by that Act, and lessons learned from the 

21 implementation of these provisions; 

22 (B) an identification and analysis of State 

23 and nongovernmental innovations that can serve 

24 as potential replicable models on the national 

25 level to increase access to work-related benefits 


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1 for domestic workers, through portability, out2 reach, enrollment, and other strategies; 

3 (C) a comparison of the ability of domestic 

4 workers to access, be eligible for, and partici5 pate in public and private sector work-related 

6 benefits compared to such ability of other work7 ers; 

8 (D) a study on the coverage of domestic 

9 workers under State workers’ compensation 

10 laws, including in all 50 States, the District of 

11 Columbia, and territories of the United States; 

12 and 

13 (E) recommendations for innovations and 

14 reforms that would— 

15 (i) ensure domestic workers could— 

16 (I) access and use benefits, in17 cluding the old-age, survivors, and 

18 disability insurance program estab19 lished under title II of the Social Se20 curity Act (42 U.S.C. 401 et seq.), 

21 the Medicare program established 

22 under title XVIII of the Social Secu23 rity Act (42 U.S.C. 1395 et seq.), the 

24 Medicaid program established under 

25 title XIX of that Act (42 U.S.C. 1396 


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1 et seq.), unemployment insurance, any 

2 benefits provided under the Patient 

3 Protection and Affordable Care Act 

4 (Public Law 111–148), including the 

5 amendments made by that Act, paid 

6 family and medical leave, paid sick 

7 time, and any additional benefits iden8 tified by the Secretary, including such 

9 benefits that are portable from job to 

10 job; and 

11 (II) have contributions for the 

12 benefits described in subclause (I) 

13 from multiple hiring entities as appli14 cable; 

15 (ii) provide adequate levels of such 

16 benefits for domestic workers; and 

17 (iii) enable a domestic worker to have 

18 access to such benefits through multiple 

19 jobs the worker may have. 

20 (b) REPORT.—Not later than 15 months after the 

21 date of enactment of this Act, the Secretary shall submit 

22 to the President and Congress a report on the study con23 ducted under subsection (a) that includes each of the fol24 lowing: 


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1 (1) The findings and conclusions of the study, 

2 including its findings and conclusions with respect to 

3 the matters described in subsection (a)(2). 

4 (2) Considerations for laws, including regula5 tions, that should be reviewed to address barriers 

6 impacting domestic workers. 

7 (3) Other information and recommendations 

8 with respect to benefits for domestic workers as the 

9 Secretary considers appropriate. 

10 SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS 

11 FOR DOMESTIC WORKERS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Labor, in consultation with the Sec15 retary of Education and the Secretary of Health and 

16 Human Services. 

17 (2) SUPPORTIVE SERVICES; TRAINING SERV18 ICES; WORKFORCE INVESTMENT ACTIVITIES.—The 

19 terms ‘‘supportive services’’, ‘‘training services’’, and 

20 ‘‘workforce investment activities’’ have the meanings 

21 given the terms in section 3 of the Workforce Inno22 vation and Opportunity Act (29 U.S.C. 3102). 

23 (b) NATIONAL GRANT PROGRAM FOR DOMESTIC

24 WORKERS.—Every 3 years, the Secretary shall, on a com25 petitive basis, make grants to, or enter into contracts with, 


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1 eligible entities to carry out the activities described in sub2 section (d). The Secretary shall make the grants, or enter 

3 into the contracts, for periods of 4 years. 

4 (c) ELIGIBILITY.— 

5 (1) ELIGIBLE ENTITIES.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), to be eligible to receive a grant or 

8 enter into a contract under this section, an enti9 ty shall be— 

10 (i)(I) a nonprofit organization that is 

11 described in paragraph (3), (5), or (6) of 

12 section 501(c) of the Internal Revenue 

13 Code of 1986, and exempt from taxation 

14 under section 501(a) of such Code; 

15 (II) an organization with a board of 

16 directors, at least one-half of the members 

17 of which is comprised of— 

18 (aa) domestic workers; or 

19 (bb) representatives of an organi20 zation of such workers, which organi21 zation is independent from all busi22 nesses, organizations, corporations, or 

23 individuals that would pursue any fi24 nancial interest in conflict with that 

25 of the workers; 


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1 (III) an organization that is inde2 pendent as described in subclause (II)(bb); 

3 and 

4 (IV) an organization that has exper5 tise in domestic work and the workforce of 

6 domestic workers; 

7 (ii) an eligible provider of training 

8 services listed pursuant to section 122(d) 

9 of the Workforce Innovation and Oppor10 tunity Act (29 U.S.C. 3152(d)); or 

11 (iii) an entity that carries out a pro12 gram registered under the Act of August 

13 16, 1937 (commonly known as the ‘‘Na14 tional Apprenticeship Act’’; 50 Stat. 664, 

15 chapter 663; 29 U.S.C. 50 et seq.). 

16 (B) ELIGIBLE ENTITY THAT TRAINS PER17 SONAL CARE AIDES OR ASSISTANTS.—In the 

18 case of an entity that plans to use a grant or 

19 cooperative agreement under this section to 

20 train personal care aides or assistants, such en21 tity shall, to be eligible for such grant or con22 tract, partner with individuals with disabilities 

23 or organizations that represent individuals with 

24 disabilities. 

25 (2) PROGRAM PLAN.— 


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1 (A) IN GENERAL.—To be eligible to receive 

2 a grant or enter into a contract under this sec3 tion, an entity described in paragraph (1) shall 

4 submit to the Secretary of Labor a plan that 

5 describes a 4-year strategy for meeting the 

6 needs of domestic workers in the area to be 

7 served by such entity. 

8 (B) CONTENTS.—Such plan shall— 

9 (i) describe the domestic worker popu10 lation to be served and identify the needs 

11 of the population to be served for work12 force investment activities and related as13 sistance, which may include employment 

14 and supportive services; 

15 (ii) identify the manner in which ca16 reer pathways to be provided will strength17 en the ability of the domestic workers to be 

18 served to obtain or retain employment and 

19 to improve wages or working conditions, 

20 including improved employment standards 

21 and opportunities in the field of domestic 

22 work; 

23 (iii) specifically address how the fund24 ing provided through the grant or contract 

25 for services under this section to domestic 


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1 workers will improve wages and skills for 

2 domestic workers in a way that helps meet 

3 the need to recruit workers for and retain 

4 workers in in-demand occupations or ca5 reers; and 

6 (iv) in the case of an entity that plans 

7 to serve domestic workers who are personal 

8 care aides or assistants through the grant 

9 or contract, provide an assurance that the 

10 workforce investment activities and related 

11 assistance carried out under this section 

12 will include relevant training for such do13 mestic workers— 

14 (I) regarding the rights of recipi15 ents of home and community based 

16 services, including the rights of such 

17 recipients to— 

18 (aa) receive services in inte19 grated settings that provide ac20 cess to the broader community; 

21 (bb) exercise self-determina22 tion; 

23 (cc) be free from all forms 

24 of abuse, neglect, or exploitation; 

25 and 


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1 (dd) receive person-centered 

2 planning and practices, including 

3 through the participation of such 

4 recipients in planning activities; 

5 (II) to ensure that each partici6 pant of such training has the nec7 essary skills to recognize abuse and 

8 understand their obligations with re9 gard to reporting and responding to 

10 abuse appropriately in accordance 

11 with relevant Federal and State law; 

12 and 

13 (III) regarding the provision of 

14 culturally competent and disability15 competent supports to recipients of 

16 services provided by personal care 

17 aides or assistants. 

18 (3) AWARDS AND ADMINISTRATION.—The 

19 grants and contracts under this subsection shall be 

20 awarded by the Secretary using full and open com21 petitive procedures and shall be administered by the 

22 Secretary. 

23 (d) AUTHORIZED ACTIVITIES.—Funds made avail24 able under this section shall be used to carry out workforce 


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1 investment activities and provide related assistance for do2 mestic workers, which may include— 

3 (1) outreach, employment, training services, 

4 educational assistance, digital literacy assistance, 

5 English language and literacy instruction, worker 

6 safety training, supportive services, school dropout 

7 prevention and recovery activities, individual career 

8 services, and career pathways; 

9 (2) follow-up services for those individuals 

10 placed in employment; 

11 (3) development or education as needed by eligi12 ble individuals as identified; 

13 (4) customized career and technical education 

14 in occupations that will lead to higher wages, en15 hanced benefits, and long-term employment in do16 mestic work or another area; and 

17 (5) the creation or maintenance of employment 

18 and training-related placement services, including 

19 digital placement services. 

20 (e) FUNDING ALLOCATION.—From the funds appro21 priated and made available to carry out this section, the 

22 Secretary shall reserve not more than 1 percent for discre23 tionary purposes related to carrying out this section, such 

24 as providing technical assistance to eligible entities. 


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1 (f) ELIGIBLE PROVIDER PERFORMANCE REPORTS.— 

2 Each eligible entity shall prepare performance reports to 

3 report on outcomes achieved by the programs of workforce 

4 investment activities and related assistance carried out 

5 under this section. The performance report for an eligible 

6 entity shall include, with respect to each such program (re7 ferred to in this subsection as a ‘‘program of study’’) of 

8 such provider— 

9 (1) information specifying the levels of perform10 ance achieved with respect to the primary indicators 

11 of performance described in subclauses (I) through 

12 (V) of section 116(b)(2)(A)(i) of the Workforce In13 novation and Opportunity Act (29 U.S.C. 

14 3141(b)(2)(A)(i)) with respect to all individuals en15 gaging in the program of study; 

16 (2) the total number of individuals exiting from 

17 the program of study; 

18 (3) the total number of participants who re19 ceived training services through the program; 

20 (4) the total number of participants who exited 

21 from training services, disaggregated by the type of 

22 entity that provided the training services, during the 

23 most recent program year and the 3 preceding pro24 gram years; 


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1 (5) the average cost per participant for the par2 ticipants who received training services, 

3 disaggregated by the type of entity that provided the 

4 training services, during the most recent program 

5 year and the 3 preceding program years; and 

6 (6) information on indicators specified by the 

7 Secretary concerning the impact of the training serv8 ices on the wages, skills, recruitment, and retention 

9 of participants. 

10 SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING 

11 STANDARDS, AND APPRENTICESHIPS FOR 

12 DOMESTIC WORKERS. 

13 (a) DEFINITION.—In this section, the term ‘‘Sec14 retary’’ means the Secretary of Labor, acting in consulta15 tion with the Secretary of Education and the Secretary 

16 of Health and Human Services. 

17 (b) PREPARATION.— 

18 (1) IN GENERAL.—The Secretary shall conduct 

19 an interim study and a final study regarding the de20 velopment of career pathways, national training 

21 standards, registered apprenticeship programs, and 

22 credentials for domestic workers who work in health 

23 care. 

24 (2) CONTENTS.—The study required under 

25 paragraph (1) shall— 


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1 (A)(i) examine how the establishment or 

2 expansion of career pathways, national training 

3 standards, registered apprenticeship programs, 

4 or credentials could enable the Nation to meet 

5 the growing demand for domestic workers; and 

6 (ii) make recommendations on whether 

7 and, if so, how that establishment could im8 prove wages and working conditions across the 

9 domestic worker industry; 

10 (B)(i) examine how the creation or expan11 sion of registered apprenticeship programs for 

12 domestic workers, including such programs con13 ducted at work sites of domestic workers and 

14 such programs that use peer educators and peer 

15 mentors for such workers, could improve oppor16 tunities for such workers; and 

17 (ii) make recommendations on whether 

18 and, if so, how, that creation or expansion could 

19 improve wages and working conditions across 

20 the domestic worker industry; and 

21 (C) examine whether any amendments to 

22 the Workforce Innovation and Opportunity Act 

23 (29 U.S.C. 3101 et seq.) after the date of en24 actment of this Act should include assistance, 

25 through grants and contracts, specifically for 


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1 domestic workers to improve outreach, training, 

2 education, and other assistance and support ac3 tivities for such workers. 

4 (3) CONSULTATION.—The study under para5 graph (1) shall be conducted in consultation with 

6 representatives of domestic workers, experts in the 

7 field of domestic work, and domestic worker-led or8 ganizations. 

9 (c) SUBMISSION OF REPORTS.— 

10 (1) INTERIM REPORT.—Not later than 1 year 

11 after the date of enactment of this Act, the Sec12 retary shall prepare and submit to Congress an in13 terim report containing the findings of the interim 

14 study under subsection (b). 

15 (2) FINAL REPORT.—Not later than 18 months 

16 after the date of enactment of this Act, the Sec17 retary shall prepare and submit to Congress a final 

18 report containing the findings of the final study 

19 under subsection (b). 

20 TITLE III—IMPLEMENTATION OF 

21 THE DOMESTIC WORKERS 

22 BILL OF RIGHTS 

23 SEC. 301. DEFINITIONS. 

24 In this title: 


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1 (1) DOMESTIC WORKERS BILL OF RIGHTS.— 

2 The term ‘‘domestic workers bill of rights’’— 

3 (A) means the rights and protections pro4 vided to domestic workers under this Act, and 

5 the amendments made by this Act, including 

6 (as applicable)— 

7 (i) coverage under the overtime re8 quirements of section 7 of the Fair Labor 

9 Standards Act of 1938 (29 U.S.C. 207); 

10 (ii) the right of live-in domestic em11 ployees to certain notices and communica12 tions under section 8 of such Act (29 

13 U.S.C. 208); 

14 (iii) any minimum wage for domestic 

15 workers that may be established pursuant 

16 to a recommendation to Congress under 

17 section 201(e)(3); 

18 (iv) the protection against retaliation 

19 under section 15(a)(3) of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 

21 215(a)(3)); 

22 (v) the applicability of title VII of the 

23 Civil Rights Act of 1964 (42 U.S.C. 2000a 

24 et seq.) to employers of 1 or more employ25 ees; 


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1 (vi) the labor rights and privacy pro2 tections provided to domestic workers 

3 under subtitle B of title I, including— 

4 (I) the right to a written agree5 ment under section 110; 

6 (II) the right to earned paid sick 

7 time provided under section 111; 

8 (III) the fair scheduling practices 

9 required under section 112; 

10 (IV) the right to request and re11 ceive temporary changes to scheduled 

12 work hours for certain personal events 

13 under section 113; 

14 (V) the privacy protections under 

15 section 114; 

16 (VI) the right to meal and rest 

17 breaks in accordance with section 115; 

18 (VII) the protection from wage 

19 deductions for cash shortages, break20 ages, or loss under subsection (a) of 

21 section 116 and wage deductions or 

22 other penalties for communications 

23 described in subsection (b) of such 

24 section; and 


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1 (VIII) the protection against re2 taliation under section 117(b); and 

3 (vii) the availability of— 

4 (I) safety data sheets for house5 hold cleaning supplies in accordance 

6 with the consumer product safety 

7 standard promulgated by the Con8 sumer Product Safety Commission 

9 under section 7 of the Consumer 

10 Product Safety Act (15 U.S.C. 2056) 

11 and section 122(a); 

12 (II) educational materials from 

13 the National Institute for Occupa14 tional Safety and Health relating to 

15 the health and safety of domestic 

16 workers who provide child care or 

17 cleaning services under section 

18 122(b); and 

19 (III) the national domestic work20 er hotline supported under section 

21 121, including the phone number and 

22 other contact methods for the hotline; 

23 and 

24 (B) includes any rules promulgated by the 

25 Secretary under this Act, or the amendments 


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1 made by this Act, and any standard rec2 ommended by the Board that is promulgated as 

3 such a rule or otherwise implemented by the 

4 Secretary. 

5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) an organization described in paragraph 

8 (3), (5), or (6) of section 501(c) of the Internal 

9 Revenue Code of 1986 and exempt from tax10 ation under section 501(a) of such Code that— 

11 (i) has a board of directors, at least 

12 one-half of the members of which is com13 prised of— 

14 (I) domestic workers; or 

15 (II) representatives of organiza16 tions of such workers, which organiza17 tion is independent from all busi18 nesses, organizations, corporations, or 

19 individuals that would pursue any fi20 nancial interest in conflict with that 

21 of the workers; 

22 (ii) is independent, as described in 

23 clause (i)(II); 

24 (iii) has expertise in domestic service 

25 and the workforce of domestic workers, 


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1 and has a track record of working with do2 mestic workers; and 

3 (iv) operates in a jurisdiction with a 

4 significant population of domestic workers; 

5 or 

6 (B) a partnership of organizations de7 scribed in subparagraph (A). 

8 (3) NOTICE OF DOMESTIC WORKER RIGHTS.— 

9 The term ‘‘notice of domestic worker rights’’ means 

10 the document created and made available by the 

11 Secretary under section 302(a). 

12 SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS. 

13 (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC

14 WORKERS.— 

15 (1) NOTICE OF RIGHTS.—The Secretary shall 

16 create, and make available, a notice of domestic 

17 worker rights document that describes the rights 

18 and protections provided by the domestic workers 

19 bill of rights and any other protections and other 

20 rights afforded under Federal law to domestic work21 ers. 

22 (2) AVAILABILITY AND ACCESSIBILITY OF NO23 TICE.—The notice of domestic worker rights shall 

24 be— 


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1 (A) a written document made available on2 line, including through the website described in 

3 subsection (b); and 

4 (B) available in English, Spanish, and 

5 other languages understood by domestic work6 ers, which shall be determined by the Secretary 

7 and include, at a minimum, the translation lan8 guages for the basic information fact sheet (or 

9 any successor document) produced by the De10 partment of Labor. 

11 (b) ESTABLISHING A DOMESTIC WORKERS RIGHTS

12 WEBSITE.—Not later than 180 days after the date of en13 actment of this Act, the Secretary shall establish a single 

14 web page on the website of the Department of Labor that 

15 summarizes in plain language the rights of domestic work16 ers under the domestic workers bill of rights. 

17 SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK18 ERS BILL OF RIGHTS ENFORCEMENT. 

19 (a) ESTABLISHMENT.—There is established an Inter20 agency Task Force on Domestic Workers Bill of Rights 

21 Enforcement (referred to in this section as the ‘‘Task 

22 Force’’). 

23 (b) MEMBERS.—The Task Force shall consist of— 

24 (1) representatives of the Department of Labor 

25 selected by the Secretary, including representatives 


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1 of the Wage and Hour Division, Occupational Safety 

2 and Health Administration, and Office of the Solic3 itor of Labor; 

4 (2) representatives of the Department of Health 

5 and Human Services selected by the Secretary of 

6 Health and Human Services, including representa7 tives of the Centers for Medicare and Medicaid Serv8 ices and the Administration for Community Living; 

9 and 

10 (3) representatives of the Equal Employment 

11 Opportunity Commission, selected by the Commis12 sion. 

13 (c) INITIAL MEETING.—The Task Force shall hold 

14 its first meeting by not later than 90 days after the date 

15 of enactment of this Act. 

16 (d) DUTIES.— 

17 (1) RECOMMENDATIONS REGARDING WORK18 PLACE CHALLENGES.—Beginning not later than 180 

19 days after the date of enactment of this Act, the 

20 Task Force shall— 

21 (A) examine the issues and challenges fac22 ing domestic workers who come forward to en23 force their workplace rights; 

24 (B) identify challenges agencies enforcing 

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1 tic workers and enforcing, including by con2 ducting hearings in each of the regions served 

3 by the regional offices of the Wage and Hour 

4 Division of the Department of Labor to hear di5 rectly from domestic workers, advocates, and 

6 officials or employees of such agencies in the re7 gional and local areas; and 

8 (C) develop a set of recommendations, in9 cluding sample legislative language, on the best 

10 enforcement strategies to protect the workplace 

11 rights of domestic workers, including— 

12 (i) how to reach, and enforce the 

13 rights of, domestic workers who work in 

14 private homes; 

15 (ii) ways for Federal agencies to work 

16 together or conduct joint enforcement of 

17 workplace rights for domestic workers, as 

18 domestic workers who experience one type 

19 of violation are likely also experiencing 

20 other types of violations; and 

21 (iii) ways the Task Force can work 

22 with State and local enforcement agencies 

23 on the enforcement of workplace rights for 

24 domestic workers. 


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1 (2) REPORT.—By not later than 1 year after 

2 the date of the first meeting of the Task Force, the 

3 Task Force shall prepare and submit a report to 

4 Congress regarding the recommendations described 

5 in paragraph (1)(C). 

6 (3) JOINT ENFORCEMENT.— 

7 (A) IN GENERAL.—For a period of not 

8 more than 3 years after the date of enactment 

9 of this Act, the Task Force shall carry out such 

10 actions as the Task Force determines necessary 

11 to support joint enforcement by Federal agen12 cies of violations of the rights of domestic work13 ers. 

14 (B) REPORT.—At the end of the 3-year pe15 riod described in subparagraph (A), the Task 

16 Force shall submit a report to Congress regard17 ing the efficacy of joint enforcement. 

18 (4) AUDIT OF FEDERAL ENFORCEMENT STRAT19 EGIES.—By not later than 3 years after the date of 

20 enactment of this Act, and every 3 years thereafter, 

21 the Task Force shall— 

22 (A) conduct an audit of the Federal en23 forcement strategies relating to the rights of 

24 domestic workers; and 


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1 (B) prepare and submit to Congress a re2 port regarding the results of the audit. 

3 (5) CONSULTATION REGARDING COMMUNITY4 BASED ENFORCEMENT DEMONSTRATION

5 PROJECTS.—Upon the request of the Secretary, the 

6 Task Force shall review, and provide recommenda7 tions regarding, the applications for community8 based enforcement grants under section 304. 

9 SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDU10 CATION, OUTREACH, AND ENFORCEMENT OF 

11 DOMESTIC WORKER RIGHTS. 

12 (a) PROGRAM AUTHORIZED.— 

13 (1) IN GENERAL.—From amounts made avail14 able to carry out this section, the Secretary, after 

15 consultation with the Interagency Task Force on 

16 Domestic Workers Bill of Rights Enforcement, shall 

17 award grants to eligible entities to enable the eligible 

18 entities to expand and improve cooperative efforts 

19 between Federal agencies and members of the com20 munity, in order to— 

21 (A) enhance the enforcement of the domes22 tic workers bill of rights and other workplace 

23 rights provided to domestic workers under rel24 evant Federal, State, and local laws; 


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1 (B) educate domestic workers of their 

2 rights under the domestic workers bill of rights 

3 and other workplace rights under Federal, 

4 State, and local laws; 

5 (C) educate domestic work hiring entities 

6 regarding their responsibilities and obligations 

7 under the domestic workers bill of rights and 

8 other relevant Federal, State, and local laws; 

9 and 

10 (D) assist domestic workers in pursuing 

11 their workplace rights under the domestic work12 ers bill of rights and other relevant Federal, 

13 State, or local laws. 

14 (2) DURATION OF GRANTS.—Each grant 

15 awarded under this section shall be for a period of 

16 not more than 3 years. 

17 (b) APPLICATIONS.— 

18 (1) IN GENERAL.—An eligible entity desiring a 

19 grant under this section shall submit an application 

20 at such time, in such manner, and containing such 

21 information as the Secretary may require. 

22 (2) PARTNERSHIP APPLICATIONS.—In the case 

23 of an eligible entity that is a partnership, the eligible 

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1 ganization in the partnership as the lead entity for 

2 purposes of receiving and disbursing funds. 

3 (3) CONTENTS.—An application described in 

4 paragraph (1) shall include— 

5 (A) a description of a plan for the dem6 onstration project that the eligible entity pro7 poses to carry out with a grant under this sec8 tion, including a long-term strategy and de9 tailed implementation plan that reflects ex10 pected participation of, and partnership with, 

11 community partners; and 

12 (B) information on the training and edu13 cation that will be provided to domestic workers 

14 and domestic work hiring entities under such 

15 program. 

16 (c) SELECTION.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary shall award grants under this section 

19 on a competitive basis. 

20 (2) DISTRIBUTION THROUGH REGIONS.—In 

21 awarding grants under this section, the Secretary 

22 shall ensure that a grant is awarded to an eligible 

23 entity in each region represented by a regional office 

24 of the Wage and Hour Division of the Department 

25 of Labor, to the extent practicable based on the 


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1 availability of appropriations and the applications 

2 submitted. 

3 (d) USE OF FUNDS.—An eligible entity receiving a 

4 grant under this section shall use grant funds to develop 

5 a community partnership and establish and support, 

6 through the partnership, 1 or more of the following activi7 ties: 

8 (1) Disseminating information and conducting 

9 outreach and training to educate domestic workers 

10 about the rights and protections provided under the 

11 domestic workers bill of rights. 

12 (2) Conducting educational training for domes13 tic work hiring entities about their obligations under 

14 the domestic workers bill of rights. 

15 (3) Conducting orientations and training jointly 

16 with relevant Federal agencies, including the Inter17 agency Task Force established under section 303, 

18 regarding the rights and protections provided under 

19 the domestic workers bill of rights. 

20 (4) Providing mediation services between pri21 vate-pay employers and workers. 

22 (5) Providing assistance to domestic workers in 

23 filing claims relating to violations of the domestic 

24 workers bill of rights, either administratively or in 

25 court. 


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1 (6) Monitoring compliance by domestic work 

2 hiring entities with the domestic workers bill of 

3 rights. 

4 (7) Establishing networks for education, com5 munication, and participation in the community re6 lating to the domestic workers bill of rights. 

7 (8) Evaluating the effectiveness of programs de8 signed to prevent violations of the domestic workers 

9 bill of rights and enforce the domestic workers bill 

10 of rights. 

11 (9) Recruiting and hiring staff and volunteers 

12 for the activities described in this subsection. 

13 (10) Producing and disseminating outreach and 

14 training materials. 

15 (11) Any other activity as the Secretary may 

16 reasonably prescribe through notice and comment 

17 rulemaking. 

18 (e) MEMORANDA OF UNDERSTANDING.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 receiving a grant under this section, an eligible enti21 ty shall negotiate and finalize with the Secretary a 

22 memorandum of understanding that sets forth spe23 cific goals, objectives, strategies, and activities that 

24 will be carried out under the grant by the eligible 

25 entity through a community partnership. 


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1 (2) SIGNATURES.—A representative of the eligi2 ble entity receiving a grant (or, in the case of an eli3 gible entity that is a partnership, a representative of 

4 each organization in the partnership) and the Sec5 retary shall sign the memorandum of understanding 

6 under this subsection. 

7 (3) REVISIONS.—A memorandum of under8 standing under this subsection shall be reviewed and 

9 revised by the eligible entity and the Secretary each 

10 year for the duration of the grant. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section. 

14 SEC. 305. ENCOURAGING THE USE OF FISCAL INTER15 MEDIARIES. 

16 Not later than 1 year after the date of enactment 

17 of this Act, the Secretary of Labor shall issue a rule to 

18 facilitate the use of fiscal intermediaries that enable pay19 ments between domestic workers and domestic work hiring 

20 entities, to improve transparency, enforcement, and work21 ing conditions of domestic workers. 

22 SEC. 306. J–1 VISA PROGRAM. 

23 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

24 or the amendments made by this Act shall be construed 

25 to limit the authority of the Secretary of Labor or the 


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1 States to enforce labor laws, or promulgate regulations, 

2 with respect to work performed by an individual who is— 

3 (1) participating in an exchange visitor pro4 gram described in section 62.31 of title 22, Code of 

5 Federal Regulations (or a successor regulation); and 

6 (2) present in the United States pursuant to a 

7 visa issued under section 101(a)(15)(J) of the Immi8 gration and Nationality Act (8 U.S.C. 

9 1101(a)(15)(J)). 

10 (b) NOTIFICATION OF RIGHTS.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary of State and any sponsor designated under 

14 subsection (b) of section 62.31 of title 22, Code of 

15 Federal Regulations (or a successor regulation), to 

16 carry out an au pair program shall— 

17 (A) notify each au pair participating in the 

18 program of his or her rights under the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 201 

20 et seq.); and 

21 (B) provide to each such au pair— 

22 (i) a description of the services pro23 vided by the Wage and Hour Division of 

24 the Department of Labor; and 


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1 (ii) information with respect to the 

2 manner in which the au pair may contact 

3 the Department of Labor to request assist4 ance. 

5 (2) APPLICABILITY OF DOMESTIC WORKER RE6 QUIREMENTS.—The notice requirement under para7 graph (1) shall be in addition to all other protections 

8 or notices that apply to a domestic worker who is 

9 also an individual participating in an au pair pro10 gram. 

11 SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PRO12 VIDE MEDICAID-FUNDED SERVICES. 

13 (a) REGULATIONS TO APPLY DOMESTIC WORKER

14 PROTECTIONS AND RIGHTS.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary and the 

16 Secretary of Health and Human Services jointly shall de17 velop and issue the following regulations: 

18 (1) Regulations regarding the application of the 

19 protections and rights afforded to domestic workers 

20 including personal care aide or assistants who pro21 vide services described in subsection (b) that are 

22 funded under the State plan under title XIX of the 

23 Social Security Act (42 U.S.C. 1396 et seq.) or 

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1 tity (as defined in section 1932(a)(1)(B) of the So2 cial Security Act (42 U.S.C. 1396u–2(a)(1)(B))), to 

3 individuals enrolled in such plan or waiver. The reg4 ulations issued under this paragraph shall recognize 

5 the role of self-directed care for individuals with dis6 abilities and shall— 

7 (A) protect, stabilize, and expand the do8 mestic worker and personal care aide or assist9 ant workforce; 

10 (B) recognize the role of self-directed care 

11 for individuals with disabilities; 

12 (C) prohibit States from requiring individ13 uals with disabilities who self-direct their care 

14 to use their direct service budget to pay for 

15 costs resulting from the application of such pro16 tections and rights to domestic workers (such 

17 as paid sick time, penalties, or overtime pay) 

18 except to the extent that such costs are directly 

19 related to the provision of services described in 

20 subsection (b) to such individuals; 

21 (D) facilitate Federal and State compli22 ance with section 504 of the Rehabilitation Act 

23 of 1973 (29 U.S.C. 794), the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 12101 et 

25 seq.), and the holdings of the Supreme Court in 


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1 Olmstead v. L.C., 527 U.S. 581 (1999), and 

2 companion cases; and 

3 (E) prohibit States from reducing the level 

4 at which States make medical assistance for the 

5 services described in subsection (b) available 

6 under the State plan under title XIX of the So7 cial Security Act (42 U.S.C. 1396 et seq.) or 

8 under a waiver of such plan as a result of the 

9 application of protections and rights afforded to 

10 domestic workers who provide such services. 

11 (2) Regulations regarding— 

12 (A) mechanisms for States to use to pay 

13 for the costs described in paragraph (1)(C), in14 cluding, to the extent the Secretaries determine 

15 appropriate, through the establishment of a 

16 dedicated State fund, using funds appropriated 

17 to a State agency, and using fiscal inter18 mediaries; and 

19 (B) how States may use funds provided as 

20 a result of the increased Federal medical assist21 ance percentage for services provided by domes22 tic workers under section 1905(jj) of such Act 

23 (42 U.S.C. 196d(jj)) (as added by section 401) 

24 for such costs. 


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1 (b) SERVICES DESCRIBED.—The services described 

2 in this subsection are the following: 

3 (1) Home health care services authorized under 

4 paragraph (7) of section 1905(a) of the Social Secu5 rity Act (42 U.S.C. 1396d(a)). 

6 (2) Personal care services authorized under 

7 paragraph (24) of such section. 

8 (3) PACE services authorized under paragraph 

9 (26) of such section. 

10 (4) Home and community-based services au11 thorized under subsections (b), (c), (i), (j), and (k) 

12 of section 1915 of such Act (42 U.S.C. 1396n), such 

13 services authorized under a waiver under section 

14 1115 of such Act (42 U.S.C. 1315), and such serv15 ices provided through coverage authorized under sec16 tion 1937 of such Act (42 U.S.C. 1396u–7). 

17 (5) Case management services authorized under 

18 section 1905(a)(19) of the Social Security Act (42 

19 U.S.C. 1396d(a)(19)) and section 1915(g) of such 

20 Act (42 U.S.C. 1396n(g)). 

21 (6) Rehabilitative services, including those re22 lated to behavioral health, described in section 

23 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). 

24 (7) Such other services specified by the Sec25 retary of Health and Human Services. 


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1 SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT2 FUNDED PROGRAMS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of this Act, the Secretary shall delay all enforcement 

5 relating to the provisions of this Act, or the amendments 

6 made by this Act, with respect to a Federal, State, or local 

7 governmental agency, or an entity operating under a 

8 grant, contract, or other agreement for such agency until 

9 the day that is 2 years after the date of enactment of this 

10 Act. 

11 (b) EXTENSION OPTION.—The Secretary may extend 

12 the 2-year delay period in enforcement under subsection 

13 (a) with respect to a Federal, State, or local governmental 

14 agency, or an entity operating under a grant, contract, 

15 or other agreement for such agency for an additional 1- 

16 year period, if, through a process established by the Sec17 retary, the Secretary determines the delay appropriate. In 

18 applying the preceding sentence, a delay in issuing the 

19 regulations required under section 307 shall be deemed a 

20 reason to extend the delayed enforcement period. 

21 (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC22 TIONS BY DOMESTIC WORKERS PROVIDING SERVICES

23 FUNDED UNDER MEDICAID.—No action may be brought 

24 under section 118(a)(3) against a domestic work hiring 

25 entity that receives payment under a State Medicaid plan 

26 or waiver under title XIX of the Social Security Act for 


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1 providing any services described in section 307(b), until 

2 on or after the date that is 2 years after the date of enact3 ment of this Act. 

4 TITLE IV—FUNDING 

5 SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED6 ICAL ASSISTANCE PERCENTAGE FOR MED7 ICAID-FUNDED SERVICES PROVIDED BY DO8 MESTIC WORKERS. 

9 (a) IN GENERAL.—Section 1905 of the Social Secu10 rity Act (42 U.S.C. 1396d) is amended— 

11 (1) in subsection (b), by striking ‘‘and (ii)’’ and 

12 inserting ‘‘(ii), and (jj)’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE

16 FOR SERVICES PROVIDED BY DOMESTIC WORKERS.— 

17 ‘‘(1) AMOUNT OF INCREASE.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding sub19 section (b), with respect to amounts expended 

20 by a State for medical assistance described in 

21 paragraph (2) that is provided by a personal 

22 care aide or assistant during a quarter within 

23 the twenty-quarter period beginning with the 

24 first quarter that begins after the date of enact25 ment of this subsection, the Federal medical asVerDate Sep 11 2014 23:08 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S2569.IS S2569

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1 sistance percentage for the State and the quar2 ter that applies to such expenditures shall, after 

3 application of any increase to the Federal med4 ical assistance percentage for the State and 

5 quarter, if applicable, under subsection (y), (z), 

6 (aa), or (ii) of this section, section 1915(k), sec7 tion 6008 of the Families First Coronavirus Re8 sponse Act, section 9817 of the American Res9 cue Plan Act, or any other provision of law, be 

10 increased by 4 percentage points (not to exceed 

11 100 percent). 

12 ‘‘(B) DISREGARD FROM TERRITORIAL PAY13 MENT CAPS.—Any payment made to Puerto 

14 Rico, the Virgin Islands, Guam, the Northern 

15 Mariana Islands, or American Samoa for ex16 penditures on medical assistance that are sub17 ject to the Federal medical assistance percent18 age increase specified under subparagraph (A) 

19 shall not be taken into account for purposes of 

20 applying payment limits under subsections (f) 

21 and (g) of section 1108. 

22 ‘‘(2) MEDICAL ASSISTANCE DESCRIBED.—The 

23 medical assistance described in this paragraph is the 

24 following: 


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1 ‘‘(A) Home health care services authorized 

2 under paragraph (7) of subsection (a). 

3 ‘‘(B) Personal care services authorized 

4 under paragraph (24) of such subsection. 

5 ‘‘(C) PACE services authorized under 

6 paragraph (26) of such subsection. 

7 ‘‘(D) Home and community-based services 

8 authorized under subsections (b), (c), (i), (j), 

9 and (k) of section 1915, such services author10 ized under a waiver under section 1115, and 

11 such services provided through coverage author12 ized under section 1937. 

13 ‘‘(E) Case management services authorized 

14 under subsection (a)(19) and section 1915(g). 

15 ‘‘(F) Rehabilitative services, including 

16 those related to behavioral health, described in 

17 subsection (a)(13). 

18 ‘‘(G) Such other services specified by the 

19 Secretary. 

20 ‘‘(3) MAINTENANCE OF EFFORT REQUIRE21 MENT.—A State may not receive the increase de22 scribed in paragraph (1) with respect to a quarter 

23 if the eligibility standards, methodologies, or proce24 dures applicable to the provision of medical assist25 ance described in paragraph (2) under the State 


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1 plan (or waiver of such plan) are more restrictive 

2 during such quarter than the eligibility standards, 

3 methodologies, or procedures, respectively, applicable 

4 to the provision of such assistance under such plan 

5 (or waiver) as in effect on the date of enactment of 

6 this subsection. 

7 ‘‘(4) PERSONAL CARE AIDE OR ASSISTANT DE8 FINED.—In this subsection, the term ‘personal care 

9 aide or assistant’ has the meaning given that term 

10 in section 3(b)(11) of the Domestic Workers Bill of 

11 Rights Act and includes any individual who provides 

12 medical assistance described in paragraph (2) for 

13 compensation.’’. 

14 (b) APPLICATION TO CHIP.—Section 2105(a) of the 

15 Social Security Act (42 U.S.C. 1397ee(a)) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(5) CHILD HEALTH ASSISTANCE PROVIDED BY

18 DOMESTIC WORKERS.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (1) and subsection (b), the Secretary 

21 shall pay to each State with a plan approved 

22 under this title, from its allotment under sec23 tion 2104, an amount, for each quarter within 

24 the twenty-quarter period beginning with the 

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1 ment of this paragraph, equal to the enhanced 

2 FMAP, increased by 4 percentage points (not 

3 to exceed 100 percent) of expenditures in the 

4 quarter for child health assistance and preg5 nancy-related assistance described in subpara6 graph (B) that are provided under the plan for 

7 targeted low-income children and targeted low8 income women. 

9 ‘‘(B) CHILD HEALTH ASSISTANCE AND

10 PREGNANCY-RELATED ASSISTANCE DE11 SCRIBED.—The child health assistance and 

12 pregnancy-related assistance described in this 

13 subparagraph are the following: 

14 ‘‘(i) Home and community-based 

15 health care services and related supportive 

16 services under paragraph (14) of section 

17 2110 (other than training for family mem18 bers, and minor modifications to the 

19 home). 

20 ‘‘(ii) Rehabilitative services under 

21 paragraph (24) of section 2110.’’. 


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1 SEC. 402. PROCESS FOR DETERMINING AN INCREASED 

2 FMAP TO ENSURE A ROBUST HOMECARE 

3 WORKFORCE UNDER MEDICAID. 

4 (a) DATA COLLECTION.—The Secretary of Health 

5 and Human Services, acting through the Assistant Sec6 retary for Planning and Evaluation (referred to in this 

7 section as ‘‘ASPE’’), shall enter into arrangements with 

8 States to collect State Medicaid program data on the per9 sonal care aide or assistant workforce. The data collected 

10 under such arrangements shall include the following: 

11 (1) Rates of retention and turnover of personal 

12 care aide or assistants by program type and State. 

13 (2) Causes of such turnover. 

14 (3) Numbers and types of personal care aide or 

15 assistants impacted by this Act and the amendments 

16 made by this Act, including, but not limited to, with 

17 respect to— 

18 (A) personal care aide or assistants pro19 viding services to individuals who are enrolled 

20 in a State Medicaid program, including, in the 

21 case of individuals enrolled under a waiver of 

22 such program, the types of waivers involved; 

23 and 

24 (B) personal care aide or assistants pro25 viding services to individuals who are not en26 rolled in a State Medicaid program. 


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1 (4) Wages earned by personal care aide or as2 sistants in each State. 

3 (5) Variations in wages across types of employ4 ers of personal care aide or assistants. 

5 (6) Any other such data as ASPE determines 

6 relevant to studying how to improve the recruitment 

7 and retention of the personal care aide or assistant 

8 workforce. 

9 (b) PROPOSED FMAP INCREASE.— 

10 (1) IN GENERAL.—Based on the data collected 

11 under arrangements entered into under subsection 

12 (a), ASPE shall determine a proposed increased 

13 FMAP for amounts expended by a State for medical 

14 assistance described in section 1905(jj)(2) of the So15 cial Security Act (42 U.S.C. 1396d(jj)(2)) (as added 

16 by section 401) under the State Medicaid program 

17 that is provided by a personal care aide or assistant. 

18 (2) REQUIREMENTS.—The proposed increased 

19 FMAP shall be designed to do the following: 

20 (A) Provide adequate reimbursement under 

21 State Medicaid programs for increased costs for 

22 Federal, State, and local changes in wages and 

23 benefits for personal care aide or assistants as 

24 a result of this Act and the amendments made 

25 by this Act. 


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1 (B) Improve the rates of retention and re2 cruitment of personal care aide or assistants. 

3 (C) Ensure the independence and integra4 tion of individuals with disabilities who rely on 

5 personal care aide or assistants. 

6 (3) CONSULTATION.—In determining such pro7 posed increased FMAP, ASPE shall consult with the 

8 Domestic Worker Wage and Standards Board and 

9 shall provide that Board with the opportunity to 

10 make formal written comments on ASPE’s final pro11 posed increased FMAP before the report required 

12 under subsection (c) is submitted to Congress. 

13 (c) REPORT.— 

14 (1) DEADLINE.—Not later than 1 year after 

15 the date of enactment of this Act, ASPE shall sub16 mit a report to Congress that includes the following: 

17 (A) The proposed increased FMAP deter18 mined by ASPE. 

19 (B) An explanation of the benefits of using 

20 the proposed increased FMAP calculation for— 

21 (i) the personal care aide or assistant 

22 workforce; and 

23 (ii) elderly individuals and individuals 

24 with disabilities who are provided medical 

25 assistance described in section 1905(jj)(2) 


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1 of the Social Security Act (42 U.S.C. 

2 1396d(jj)(2)) (as added by section 401) by 

3 a personal care aide or assistant, as well as 

4 to family caregivers. 

5 (C) The written comments, if any, sub6 mitted by the Domestic Worker Wage and 

7 Standards Board to ASPE prior to the submis8 sion of the report. 

9 (D) Suggestions for how States and the 

10 Federal Government can improve the process of 

11 obtaining timely, uniform data under State 

12 Medicaid programs regarding the personal care 

13 aide or assistant workforce. 

14 (E) Methods of ensuring parity in wages 

15 and working conditions of domestic workers 

16 covered under this bill and workers performing 

17 substantially similar Medicaid funded occupa18 tions such as in congregate settings. 

19 (2) OPTIONAL ADDENDUM.—Not later than 90 

20 days after the report required under paragraph (1) 

21 is submitted to Congress, the Domestic Worker 

22 Wage and Standards Board may submit an adden23 dum to the report to Congress that contains the 

24 Board’s views regarding the proposed increased 

25 FMAP and report submitted by ASPE. 


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1 (d) DEFINITIONS.—In this section: 

2 (1) PERSONAL CARE AIDE OR ASSISTANT.—The 

3 term ‘‘personal care aide or assistant’’ has the 

4 meaning given that term in section 1905(jj)(4) of 

5 the Social Security Act (42 U.S.C. 1396d(jj)(4)). 

6 (2) FMAP.—The term ‘‘FMAP’’ means the 

7 Federal medical assistance percentage, as defined in 

8 section 1905(b) of the Social Security Act (42 

9 U.S.C. 1396d(b)), as determined without regard to 

10 this section. 

11 (3) STATE.—The term ‘‘State’’ has the mean12 ing given that term in section 1101 of the Social Se13 curity Act (42 U.S.C. 1301) for purposes of title 

14 XIX of that Act. 

15 (4) STATE MEDICAID PROGRAM.—The term 

16 ‘‘State Medicaid program’’ means, with respect to a 

17 State, the program for medical assistance carried 

18 out by a State under a State plan under title XIX 

19 of the Social Security Act (42 U.S.C. 1396 et seq.) 

20 and any waiver of that plan. 

21 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this Act, and the amendments made by this Act, such 

24 sums as may be necessary. 


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1 TITLE V—SEVERABILITY 

2 SEC. 501. SEVERABILITY. 

3 If any provision of this Act, or an amendment made 

4 by this Act, or the application of such provision or amend5 ment to any person or circumstance, is held to be invalid, 

6 the remainder of this Act, or an amendment made by this 

7 Act, or the application of such provision or amendment 

8 to other persons or circumstances, shall not be affected. 

Æ 


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