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117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-15
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7) TO AMEND THE FAIR
LABOR STANDARDS ACT OF 1938 TO PROVIDE MORE EFFECTIVE REMEDIES TO
VICTIMS OF DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF SEX,
AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL
(H.R. 1195) TO DIRECT THE SECRETARY OF LABOR TO ISSUE AN OCCUPATIONAL
SAFETY AND HEALTH STANDARD THAT REQUIRES COVERED EMPLOYERS WITHIN THE
HEALTH CARE AND SOCIAL SERVICE INDUSTRIES TO DEVELOP AND IMPLEMENT A
COMPREHENSIVE WORKPLACE VIOLENCE PREVENTION PLAN, AND FOR OTHER
PURPOSES
_______
April 13, 2021.--Referred to the House Calendar and ordered to be
printed
_______
Mr. DeSaulnier, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 303]
The Committee on Rules, having had under consideration
House Resolution 303, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 7, the
Paycheck Fairness Act, under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Education and Labor. The resolution waives all
points of order against consideration of the bill. The
resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill, modified by the amendment printed in
part A of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides that following debate, each
further amendment printed in part B of this report not earlier
considered as part of amendments en bloc pursuant to section 3
shall be considered only in the order printed in this report,
may be offered only by a Member designated in this report,
shall be considered as read, shall be debatable for the time
specified in this report equally divided and controlled by the
proponent and an opponent, may be withdrawn by the proponent at
any time before the question is put thereon, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. The resolution provides that at any
time after debate the chair of the Committee on Education and
Labor or his designee may offer amendments en bloc consisting
of further amendments printed in part B of this report not
earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and
controlled by the chair and ranking minority member of the
Committee on Education and Labor or their designees, shall not
be subject to amendment, and shall not be subject to a demand
for division of the question. The rule provides one motion to
recommit. The resolution provides for consideration of H.R.
1195, the Workplace Violence Prevention for Health Care and
Social Service Workers Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Education and Labor. The resolution waives all
points of order against consideration of the bill. The
resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides that following debate, each
further amendment printed in part C of this report not earlier
considered as part of amendments en bloc pursuant to section 6
shall be considered only in the order printed in this report,
may be offered only by a Member designated in this report,
shall be considered as read, shall be debatable for the time
specified in this report equally divided and controlled by the
proponent and an opponent, may be withdrawn by the proponent at
any time before the question is put thereon, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. The resolution provides that at any
time after debate the chair of the Committee on Education and
Labor or his designee may offer amendments en bloc consisting
of further amendments printed in part C of this report not
earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and
controlled by the chair and ranking minority member of the
Committee on Education and Labor or their designees, shall not
be subject to amendment, and shall not be subject to a demand
for division of the question. The resolution provides one
motion to recommit. The resolution waives all points of order
against the amendments printed in parts B and C of this report
or amendments en bloc described in sections 3 and 6 of the
resolution.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 7 includes a waiver of clause 3(d)(1) of rule XIII, which
requires the inclusion of committee cost estimate in a
committee report. A CBO cost estimate on H.R. 7 was not
available at the time the Committee on Education and Labor
filed its report; however, the CBO cost estimate was submitted
for printing in the Congressional Record on April 12.
Although the resolution waives all points of order against
provisions in H.R. 7, as amended, the Committee is not aware of
any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 1195 includes waivers of the following:
Clause 3(d)(1) of rule XIII, which requires
the inclusion of committee cost estimate in a committee
report. A CBO cost estimate on H.R. 1195 was not
available at the time the Committee on Education and
Labor filed its report; however, the CBO cost estimate
was submitted for printing in the Congressional Record
on April 12.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of
increasing the deficit or reducing the surplus over the
five- or 10-year period.
Section 425 of the Congressional Budget Act,
which prohibits consideration of any legislation that
would increase the direct costs of Federal
intergovernmental mandates beyond $50,000,000 (adjusted
for inflation) unless the legislation provides for new
budget authority or the legislation appropriates
sufficient funds to cover the new costs.
Section 302(f)(1) of the Congressional
Budget Act, which prohibits consideration of
legislation providing new budget authority in excess of
a 302(a) or 302(b) allocation of such authority.
Section 303(a) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority for a fiscal year until
the budget resolution for that year has been agreed to.
Although the resolution waives all points of order against
provisions in H.R. 1195, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in parts B and C of this report or
against amendments en bloc described in sections 3 and 6 of the
resolution, the Committee is not aware of any points of order.
The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 67
Motion by Mr. Cole to add language to the rule that would
eliminate the tolling of days for Resolutions of Inquiry.
Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 68
Motion by Mr. DeSaulnier to report the rule. Adopted: 8-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Yea Mr. Cole.......................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mr. Reschenthaler................. Nay
Ms. Scanlon..................................... Yea Mrs. Fischbach.................... Nay
Mr. Morelle..................................... Yea
Mr. DeSaulnier.................................. Yea
Ms. Ross........................................ Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 7 IN PART A CONSIDERED AS ADOPTED
1. Scott, Bobby (VA): Clarifies the definition of sex,
clarifies the Equal Employment Opportunity Commission's
enforcement authorities with respect to the amendments to the
Equal Pay Act made under H.R. 7, and makes technical
corrections.
SUMMARY OF THE AMENDMENTS TO H.R. 7 IN PART B MADE IN ORDER
1. Beyer (VA), Leger Fernandez (NM): Requires the EEOC to
provide for an annual collection of compensation data from
employers disaggregated by the sex, race, and national origin
of employees. (10 minutes)
2. Newman (IL): Requires employers to inform employees of
their rights established under this act through currently
required workplace posters and electronically. (10 minutes)
3. Ocasio-Cortez (NY): Directs the Secretary of Labor to
establish a program to award contracts and grants for the
purpose of training employers about the role that salary
negotiation and other inconsistent wage setting practices can
have on allowing bias to enter compensation. Specifically, the
training programs will provide guidance on the structural
issues and disadvantages women and people of color face. They
will also assist employers in examining the impact of a range
of practices on opportunities, including self-auditing to
identify structural issues that allow bias and inequity to
enter compensation and internal equity among workers with
similar skills, effort, responsibility and working conditions--
among other things. (10 minutes)
4. Stefanik (NY): Revises the bill to provide a safe harbor
for employers who conduct self-audits to identify and rectify
potentially unlawful pay disparities and allows for reasonable
employer defenses against trial lawyer abuses. The amendment
protects prospective employees from disclosing wage history to
prevent compounding pay disparities and requires further study
on the causes and effects of pay disparities between men and
women. (10 minutes)
5. Torres, Ritchie (NY): Requires a review on the gender
wage gap in the teenage workforce. (10 minutes)
6. Williams (GA): Reestablishes the National Equal Pay
Enforcement Task Force, a federal interagency task force
focused on improving compliance, public education, and
enforcement of equal pay laws. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 1195 IN PART C MADE IN ORDER
1. Brown (MD): States that additional training shall be
provided for covered employees who work with victims of
torture, trafficking, or domestic violence. (10 minutes)
2. Cohen (TN): Adds Alzheimer's and memory care facilities
as facilities covered by this legislation. (10 minutes)
3. Delgado (NY): Directs OSHA to prioritize providing
technical assistance and advice to employers throughout the
first year of the Act to ensure businesses are in compliance.
(10 minutes)
4. Jones, Mondaire (NY): Clarifies that a covered employer
may consult with experts in workplace violence when developing
their workplace violence prevention plan. (10 minutes)
5. Keller (PA), Walberg (MI): Requires OSHA to issue an
occupational safety and health standard on workplace violence
prevention for the health care and social service industries
through the standard rulemaking process. (10 minutes)
6. Ocasio-Cortez (NY), Wexton (VA): Ensures that nothing in
this Act shall be construed to limit or diminish any
protections in relevant Federal, State, or local law related to
domestic violence, stalking, dating violence, and sexual
assault. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 7 CONSIDERED AS ADOPTED
Page 5, strike line 11 (and redesignate the subsequent
paragraphs accordingly).
Page 6, after line 2, insert the following (and redesignate
the subsequent paragraphs accordingly):
(2) by striking ``the opposite'' and inserting
``another'';
Page 9, line 2, strike ``a violation of''.
Page 10, line 17, insert ``and'' after the semicolon.
Page 10, line 19, strike the semicolon and all that follows
through page 11, line 6, and insert a period.
Page 11, line 7, strike ``Joint enforcement'' in the section
heading and insert ``Enforcement''.
Page 11, line 8, strike ``Notwithstanding'' and all that
follows through ``(29 U.S.C. 206(d))'' on line 17, and insert
the following: ``The Equal Opportunity Employment Commission
shall carry out the functions and authorities described in
section 1 of Reorganization Plan No. 1 of 1978 (92 Stat. 3781;
5 U.S.C. App.) to enforce and administer the provisions of
section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)), except that the Secretary of Labor, through the Office
of Federal Contract Compliance Programs, may also enforce this
provision''.
Page 12, line 2, strike ``and the Secretary of Labor'' and
all that follows through ``(1)'' on line 5 and insert the
following: ``shall issue such regulations as may be necessary
to explain and implement the standards of such section 6(d).
The Secretary of Labor may issue regulations to govern
procedures for enforcement of section 6(d) by the Office of
Federal Contract Compliance Programs. The Secretary of Labor
and the Equal Employment Opportunity Commission shall establish
other coordinating mechanisms as may be necessary''.
PART B--TEXT OF AMENDMENTS TO H.R. 7 MADE IN ORDER
1. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
In subsection (f) as added to section 709 of the Civil Rights
Act of 1964 by the amendment made by section 7 of the bill,
strike paragraph (1) and insert the following:
(1) Not later than 24 months after the date of enactment of
this subsection, the Commission shall provide for the annual
collection from employers of compensation data disaggregated by
the sex, race, and national origin of employees. The Commission
may also require employers to submit other employment-related
data (including hiring, termination, and promotion data) so
disaggregated.
At the end of subparagraph (2) of subsection (f) as added to
section 709 of the Civil Rights Act of 1964 by the amendment
made by section 7 of the bill, strike the last sentence and
insert the following:
The Commission shall also consider factors including the
imposition of burdens on employers, the frequency of required
reports (including the size of employers required to prepare
reports), appropriate protections for maintaining data
confidentiality, and the most effective format to report such
data.
In paragraph (3) of subsection (f) as added to section 709 of
the Civil Rights Act of 1964 by the amendment made by section 7
of the bill, strike ``(3)'' and all that follows through
subparagraph (C), and insert the following:
``(3)(A) For each 12-month reporting period for an employer,
the data collected under paragraph (1) shall include
compensation data disaggregated by the categories described in
subparagraph (E).
``(B) For the purposes of collecting the disaggregated
compensation data described in subparagraph (A), the Commission
may use compensation ranges reporting--
``(i) the number of employees of the employer who
earn compensation in an amount that falls within such
compensation range; and
``(ii) the total number of hours worked by such
employees.
``(C) If the Commission uses compensation ranges to collect
the pay data described in subparagraph (A), the Commission may
adjust such compensation ranges--
``(i) if the Commission determines that such
adjustment is necessary to enhance enforcement of
Federal laws prohibiting pay discrimination; or
``(ii) for inflation, in consultation with the Bureau
of Labor Statistics.''.
In subparagraph (D) of subsection (f)(3) as added to section
709 of the Civil Rights Act of 1964 by the amendment made by
section 7 of the bill, strike ``shall'' and insert ``may''.
In subparagraph (G) of subsection (f)(3) as added to section
709 of the Civil Rights Act of 1964 by the amendment made by
section 7 of the bill, strike ``annually'' and insert ``at 18-
month intervals''.
----------
2. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes
Page 28, after line 17, insert the following:
SEC. 12. NOTICE REQUIREMENTS.
(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where
notices to employees are customarily posted, a notice, to be
prepared or approved by the Equal Employment Opportunity
Commission and the Secretary of Labor, of the requirements
described in this Act (or the amendments made by such Act).
(b) Relation to Existing Notices.--The notice under
subsection (a) may be incorporated into notices required of the
employer as of the date of enactment of this Act.
(c) Digital Notice.--With respect to the notice under
subsection (a), each employer shall--
(1) post electronic copies of the notice on an
internal website to which employees have access; and
(2) notify employees on such internal website of the
location of the place on the premises where the notice
is posted.
Page 28, beginning on line 18, redesignate sections 12 and 13
as sections 13 and 14, respectively.
----------
3. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
On page 12, after line 15, insert the following:
(a) Negotiation Bias Training.--
(1) In general.--The Secretary of Labor shall
establish a program to award contracts and grants for
the purpose of training employers about the role that
salary negotiation and other inconsistent wage setting
practices can have on allowing bias to enter
compensation.
(2) Training topics.--Each training program
established using funds under section (a) shall include
an overview of how structural issues may cause
inequitable earning and advancement opportunities for
women and people of color and assist employers in
examining the impact of a range of practices on such
opportunities, including--
(A) self-auditing to identify structural
issues that allow bias and inequity to enter
compensation;
(B) recruitment of candidates to ensure
diverse pools of applicants;
(C) salary negotiations that result in
similarly qualified workers entering at
different rates of pay;
(D) internal equity among workers with
similar skills, effort, responsibility and
working conditions;
(E) consistent use of market rates and
incentives driven by industry competitiveness;
(F) evaluation of the rate of employee
progress and advancement to higher paid
positions;
(G) work assignments that result in greater
opportunity for advancement;
(H) training, development and promotion
opportunities;
(I) impact of mid-level or senior level
hiring in comparison to wage rates of incumbent
workers;
(J) opportunities to win commissions and
bonuses;
(K) performance reviews and raises;
(L) processes for adjusting pay to address
inconsistency and inequity in compensation; and
(M) other topics that research identifies as
a common area for assumptions, bias and
inequity to impact compensation.
On page 12, line 16, strike ``(a)'' and insert ``(b)''.
On page 13, line 19, strike ``(b)'' and insert ``(c)''.
On page 14, line 12, strike ``(c)'' and insert ``(d)''.
----------
4. An Amendment To Be Offered by Representative Stefanik of New York or
Her Designee, Debatable for 10 Minutes
Strike all of the bill and insert the following:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Wage Equity Act of
2021''.
SEC. 2. FINDINGS.
(1) In 1963, Congress passed on a bipartisan basis
the Equal Pay Act of 1963 to prohibit discrimination on
account of sex in the payment of wages for equal work
performed by employees for employers engaged in
commerce or in the production of goods for commerce.
(2) Following the passage of such Act, in 1964,
Congress passed on a bipartisan basis the Civil Rights
Act of 1964. Since the passage of both the Equal Pay
Act of 1963 and the Civil Rights Act of 1964, women
have made significant strides, both in the workforce
and in their educational pursuits.
(3) Prior to the COVID-19 pandemic, there were over
77,000,000 women in the workforce, the most in American
history. Of the 2,000,000 jobs created in 2019, 53
percent went to women. This follows a trend that has
been rising for some time. Women are graduating from
college at a higher rate than their male counter parts,
making up 61 percent of all college degrees conferred
in 2018. Additionally, according to a recent survey of
working women, more than half are their family's
primary breadwinner.
(4) The COVID-19 pandemic has had a significant
impact on working women, resulting in over 2 million
women leaving the workforce since February 2020.
(5) Despite these advances there is still concern
among the American public that gender-based wage
discrimination has not been eliminated.
SEC. 3. CLARIFYING SEX-BASED DISCRIMINATION PROHIBITION.
Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(d)(1)) is amended by inserting ``bona fide business-
related'' after ``any other''.
SEC. 4. JOB AND WAGE ANALYSIS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C.
216) is amended by adding at the end the following:
``(f)(1) An employer shall not be liable in an action brought
against the employer for a violation of section 6(d) if--
``(A) during the period beginning on the date that is 3 years
before the date on which the action is brought and ending on
the date that is 1 day before the date on which the action is
brought, such employer completes a job and wage analysis audit
to determine whether there are differentials in wage rates
among such employees that may violate section 6(d);
``(B) such employer takes reasonable steps to remedy any such
differentials; and
``(C) such job and wage analysis audit is conducted and such
reasonable steps are taken in good faith to investigate whether
any such differentials exist; and
``(D) such audit is reasonable in detail and scope with
respect to the size of the employer.
``(2) A job and wage analysis audit under this section and
remedial action taken in response to the findings of such
audit--
``(A) may only be admissible by the employer for the
purposes of showing--
``(i) such audit was conducted; and
``(ii) such reasonable steps were taken; and
``(B) shall not be discoverable or admissible for any
other purpose in any claim against the employer.
``(3) An employer who has not completed a job and wage
analysis audit under this subsection shall not be subject to a
negative or adverse inference as a result of not having
completed such audit.
``(4) An employer who has completed a job and wage analysis
audit that does not meets the requirements of subparagraph (D)
of paragraph (1) but otherwise meets the requirements of such
paragraph shall not be liable for liquidated damages under
section 16(b).
``(5) In this section--
``(A) the term `job and wage analysis audit' means an
audit conducted by the employer for the purpose of
identifying wage disparities among employees on the
basis of sex; and
``(B) the term `reasonable steps', with respect to
differentials in wages among employees that may violate
section 6(d), means steps that are reasonable to
address such differentials taking into account--
``(i) the amount of time that has passed
since the date on which the audit was
initiated;
``(ii) the nature and degree of progress
resulting from such reasonable steps toward
compliance with section 6(d) compared to the
number of employees with respect to whom a
violation may exist and the amount of the wage
rate differentials among such employees; and
``(iii) the size and resources of the
employer.''.
SEC. 5. WAGE HISTORY; DISCUSSION OF WAGES.
(a) In General.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended by inserting after section 7 the
following new section:
``SEC. 8. PROVISIONS RELATING TO WAGE HISTORY AND DISCUSSION OF WAGE.
``(a) Requirements and Prohibitions Relating to Wage
History.--It shall be an unlawful practice for a person after
the date of enactment of the Wage Equity Act of 2021--
``(1) to rely on the wage history of a prospective
employee--
``(A) in considering the prospective employee
for employment, including by requiring that the
wage history of a prospective employee
satisfies minimum or maximum criteria as a
condition of being considered for employment;
or
``(B) in determining the rate of wage for
such prospective employee; or
``(2) to seek, or to require a prospective employee
to disclose, the wage history of such prospective
employee.
``(b) Voluntary Disclosure Exceptions.--
``(1) In general.--Subsection (a)(1) shall not apply
with respect to a prospective employee who voluntarily
discloses the wage history of such prospective
employee.
``(2) Wage history verification.--Notwithstanding
subsection (a)(2), a person may take actions necessary
to verify the wage history of a prospective employee if
such wage history is voluntarily disclosed to the
person by such prospective employee.
``(c) Prior Inquiries.--Subsection (a) shall not apply with
respect to the wage history of an employee acquired by an
employer before the date of enactment of the Wage Equity Act of
2021, including a current employee's wage history with another
employer that was requested and used to set an employee's
starting wage before such date and which is embedded in an
employee's pay and pay increases after such date.
``(d) Prohibitions Relating to Discussion of Wages.--Subject
to subsection (c), it shall be an unlawful practice for an
employer--
``(1) to prohibit an employee from inquiring about,
discussing, or disclosing the wage of--
``(A) the employee; or
``(B) any other employee of the employer if
such employee has voluntarily disclosed the
wage of such employee;
``(2) to prohibit an employee from requesting from
the employer an explanation of differentials in
compensation among employees; or
``(3) to take an adverse employment action against an
employee for--
``(A) conduct described under paragraphs (1)
or (2); or
``(B) encouraging employees to engage in
conduct described in such paragraphs.
``(e) Limitations Relating to Discussion of Wages.--
``(1) Time and place limitations.--An employer may
impose reasonable time, place, and manner limitations
on conduct described under subsection (c) if such
limitations are written and available to each employee.
``(2) Involuntary disclosure.--An employer may
prohibit an employee from discussing the wages of any
other employee if such other employee did not
voluntarily disclose such wages to the employee
discussing such wages.
``(f) Pay Expectation Conversation.--Nothing in this section
shall be construed to prevent a person from--
``(1) inquiring about the pay expectations of a
prospective employee; or
``(2) providing information to such employee about
the compensation and benefits offered in relation to
the position.''.
(b) Definitions.--Section 2 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 202) is amended by adding at the end the
following:
``(z) the term `prospective employee' means an individual who
took an affirmative step to seek employment with a person and
who is not currently employed by such person, a parent,
subsidiary, predecessor, or related company of such person, or
an employer connected by a purchase agreement with such person;
and
``(aa) the term `wage history' means the wages paid to the
prospective employee by the prospective employee's current
employer or any previous employer of such employee.''.
(c) Retaliation.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by inserting ``or prospective employee'' after
``any employee''; and
(2) by inserting ``or prospective employee'' after
``such employee''.
(d) Penalty.--
(1) In general.--Section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(b)) is amended by
inserting ``Any person who violates the provisions of
section 8 with respect to an employee or prospective
employee shall be liable to such employee in an amount
equal to the difference between the amount that the
employee or prospective employee would have received
but for such violation and the amount received by such
employee or prospective employee, and an additional
equal amount as liquidated damages.'' after ``tips
unlawfully kept by the employer, and in an additional
equal amount as liquidated damages.''.
(2) Civil monetary penalty.--Section 16(e)(2) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2))
is amended by striking ``6 and 7'' and inserting ``6,
7, and 8''.
SEC. 6. NEGOTIATION SKILLS EDUCATION.
(a) Program Authorized.--
(1) In general.--The Secretary of Labor, after
consultation with the Secretary of Education, is
authorized to establish and carry out a grant program.
(2) Grants.--In carrying out the program under
paragraph (1), the Secretary of Labor may make grants
on a competitive basis to eligible entities to carry
out negotiation skills education programs for the
purposes of addressing wage disparities, including
through outreach to women and girls.
(3) Eligible entities.--To be eligible to receive a
grant under this subsection, an entity shall be a
public agency, such as a State, a local government in a
metropolitan statistical area (as defined by the Office
of Management and Budget), a State educational agency,
or a local educational agency, a private nonprofit
organization, or a community-based organization.
(4) Application.--To be eligible to receive a grant
under this subsection, an entity shall submit an
application to the Secretary of Labor at such time, in
such manner, and containing such information as the
Secretary of Labor may require.
(5) Use of funds.--An entity that receives a grant
under this subsection shall use the funds made
available through the grant to carry out an effective
negotiation skills education program for the purposes
described in paragraph (2).
(b) Incorporating Education Into Existing Programs.--The
Secretary of Labor and the Secretary of Education shall issue
regulations or policy guidance that provides for integrating
the negotiation skills education, to the extent practicable,
into programs authorized under--
(1) in the case of the Secretary of Education, the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), and other programs carried out by the
Department of Education that the Secretary of Education
determines to be appropriate; and
(2) in the case of the Secretary of Labor, the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.), and other programs carried out by the
Department of Labor that the Secretary of Labor
determines to be appropriate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary
of Labor, in consultation with the Secretary of Education,
shall prepare and submit to Congress a report describing the
activities conducted under this section and evaluating the
effectiveness of such activities in achieving the purposes of
this section.
SEC. 7. GAO STUDY.
The Comptroller General shall, not later than 180 days after
the date of the enactment of this Act, submit to Congress a
study on the causes and effects of--
(1) wage disparities among men and women;
(2) with respect to employees that leave the
workforce for parental reasons (commonly referred to as
the ``Manager's Gap''), the impact on wages and
opportunity potential; and
(3) the disparities in negotiation skills among men
and women upon entering the workforce.
----------
5. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
Page 16, strike line 1 and all that follows through page 18,
line 6, and insert the following:
(b) Research on Gender Pay Gap in Teenage Labor Force.--
(1) Research review.--Not later than 12 months after
the date of the enactment of this Act, the Secretary of
Labor, acting through the Director of the Women's
Bureau, shall conduct a review and develop a synthesis
of research on the gender wage gap among younger
workers existing as of the date of enactment of this
Act, and shall make such review and synthesis available
on a publicly accessible website of the Department of
Labor.
(2) Authority to commission studies.--Not later than
36 months after the date of the enactment of this Act,
the Secretary of Labor, acting through the Director of
the Women's Bureau, shall request proposals and
commission studies that can advance knowledge on the
gender wage gap among younger workers, and shall make
such studies available on a publicly accessible website
of the Department of Labor.
----------
6. An Amendment To Be Offered by Representative Williams of Georgia or
Her Designee, Debatable for 10 Minutes
Page 27, after line 16, insert the following (and redesignate
subsequent sections accordingly):
SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal Pay
Enforcement Task Force, consisting of representatives from the
Equal Employment Opportunity Commission, the Department of
Justice, the Department of Labor, and the Office of Personnel
Management.
(b) Mission.--In order to improve compliance, public
education, and enforcement of equal pay laws, the National
Equal Pay Enforcement Task Force will ensure that the agencies
in subsection (a) are coordinating efforts and limiting
potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force
shall investigate challenges related to pay inequity pursuant
to its mission in subsection (b), advance recommendations to
address those challenges, and create action plans to implement
the recommendations.
PART C--TEXT OF AMENDMENTS TO H.R. 1195 MADE IN ORDER
1. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
On page 17, after line 21, insert the following:
(D) Additional training shall be provided for
each such covered employee whose job
circumstances require working with victims of
torture, trafficking, or domestic violence.
Beginning on page 17, line 22, and ending on page 18, line
13, redesignate subparagraphs (D) through (G) as subparagraphs
(E) through (H).
----------
2. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Page 8, line 3, strike ``and'' and insert ``Alzheimer's and
memory care facility, and''
----------
3. An Amendment To Be Offered by Representative Delgado of New York or
His Designee, Debatable for 10 Minutes
Page 4, line 6, strike ``and''.
Page 4, line 12, strike the period and insert ``; and''.
Page 4, after line 12, insert the following:
(C) that provides for a period determined
appropriate by the Secretary, not to exceed 1
year, during which the Secretary shall
prioritize technical assistance and advice
consistent with section 21(d) of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 670(d)) to employers subject to the
standard with respect to compliance with the
standard.
----------
4. An Amendment To Be Offered by Representative Jones of New York or
His Designee, Debatable for 10 Minutes
Page 11, line 18, strike ``shall''.
Page 11, line 19, insert ``shall'' before ``be''.
Page 11, line 23, insert ``shall'' before ``be''.
Page 12, line 2, strike ``and'' at the end.
Page 12, line 3, insert ``shall'' before ``be''.
Page 12, line 6, strike the period at the end and insert ``;
and''.
Page 12, after line 6, insert the following:
(iv) may be in consultation with
stakeholders or experts who specialize
in workplace violence prevention,
emergency response, or other related
areas of expertise for all relevant
aspects of the Plan.
----------
5. An Amendment To Be Offered by Representative Keller of Pennsylvania
or His Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Violence Prevention
for Health Care and Social Service Workers Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
Sec. 101. Final standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
Sec. 201. Application of the workplace violence prevention standard to
certain facilities receiving Medicare funds.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
SEC. 101. FINAL STANDARD.
(a) In General.--The Secretary of Labor shall promulgate a
final standard on workplace violence prevention--
(1) to require certain employers in the healthcare
and social service sectors, and certain employers in
sectors that conduct activities similar to the
activities in the healthcare and social service
sectors, to develop and implement a comprehensive
workplace violence prevention plan to protect health
care workers, social service workers, and other
personnel from workplace violence; and
(2) that may be based on the Guidelines for
Preventing Workplace Violence for Healthcare and Social
Service Workers published by the Occupational Safety
and Health Administration of the Department of Labor in
2015 and adhere to the requirements of this title.
(b) Effective Date of Standard.--The final standard shall--
(1) take effect on a date that is not later than 60
days after promulgation, except that such final
standard may include a reasonable phase-in period for
the implementation of required engineering controls
that take effect after such date; and
(2) be enforced in the same manner and to the same
extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)).
(c) Educational Outreach.--
(1) During rulemaking.--During the period beginning
on the date the Secretary commences rulemaking under
this section and ending on the effective date of the
final standard promulgated under this section, the
Secretary of Labor shall engage in an educational
campaign for covered employees and covered employers
regarding workplace violence prevention in health care
and social service industries on the materials of the
Occupational Safety and Health Administration on
workplace violence prevention for such industries.
(2) Requirements of final standard.--Beginning on the
date on which the final standard is promulgated under
this section, the Secretary shall engage in an
educational campaign for covered employees and covered
employers on the requirements of such final standard.
SEC. 102. SCOPE AND APPLICATION.
In this title:
(1) Covered facility.--
(A) In general.--The term ``covered
facility'' means a facility with respect to
which the Secretary determines that
requirements of the final standard promulgated
under section 101(a) would be reasonably
necessary or appropriate, and which may include
the following:
(i) Any hospital, including any
specialty hospital.
(ii) Any residential treatment
facility, including any nursing home,
skilled nursing facility, hospice
facility, and long-term care facility.
(iii) Any medical treatment or social
service setting or clinic at a
correctional or detention facility.
(iv) Any community-based residential
facility, group home, and mental health
clinic.
(v) Any psychiatric treatment
facility.
(vi) Any drug abuse or substance use
disorder treatment center.
(vii) Any independent freestanding
emergency centers.
(viii) Any facility described in
subparagraphs (A) through (G) operated
by a Federal Government agency and
required to comply with occupational
safety and health standards pursuant to
section 1960 of title 29, Code of
Federal Regulations (as such section is
in effect on the date of enactment of
this Act).
(B) Exclusion.--The term ``covered facility''
does not include an office of a physician,
dentist, podiatrist, or any other health
practitioner that is not physically located
within a covered facility described in
subparagraphs (A) through (H) of paragraph (1).
(2) Covered services.--The term ``covered service''--
(A) includes--
(i) any services and operations
provided in home health care, home-
based hospice, and home-based social
work;
(ii) any emergency medical services
and transport, including such services
when provided by firefighters and
emergency responders;
(iii) any services described in
clauses (i) and (ii) performed by a
Federal Government agency and required
to comply with occupational safety and
health standards pursuant to section
1960 of title 29, Code of Federal
Regulations (as such section is in
effect on the date of enactment of this
Act); and
(iv) any other services and
operations the Secretary determines
should be covered under the standards
promulgated under section 101; and
(B) does not include child day care services.
(3) Covered employer.--
(A) In general.--The term ``covered
employer'' includes a person (including a
contractor, subcontractor, or a temporary
service firm) that employs an individual to
work at a covered facility or to perform
covered services.
(B) Exclusion.--The term ``covered employer''
does not include an individual who privately
employs a person to perform covered services
for the individual or a friend or family member
of the individual.
(4) Covered employee.--The term ``covered employee''
includes an individual employed by a covered employer
to work at a covered facility or to perform covered
services.
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.
Each standard described in section 101 may include the
following requirements:
(1) Workplace violence prevention plan.--Not later
than 6 months after the date of promulgation of the
final standard under section 101(a), a covered employer
shall develop, implement, and maintain a written
workplace violence prevention plan for covered
employees at each covered facility and for covered
employees performing a covered service on behalf of
such employer, which meets the following:
(A) Plan development.--Each Plan shall--
(i) subject to subparagraph (D), be
developed and implemented with the
meaningful participation of direct care
employees and, where applicable,
employee representatives, for all
aspects of the Plan;
(ii) be applicable to conditions and
hazards for the covered facility or the
covered service, including patient-
specific risk factors and risk factors
specific to each work area or unit; and
(iii) be suitable for the size,
complexity, and type of operations at
the covered facility or for the covered
service, and remain in effect at all
times.
(B) Plan content.--Each Plan shall include
procedures and methods for the following:
(i) Identification of each individual
or the job title of each individual
responsible for implementation of the
Plan.
(ii) With respect to each work area
and unit at the covered facility or
while covered employees are performing
the covered service, risk assessment
and identification of workplace
violence risks and hazards to employees
exposed to such risks and hazards
(including environmental risk factors
and patient-specific risk factors),
which may be--
(I) informed by past violent
incidents specific to such
covered facility or such
covered service; and
(II) conducted with--
(aa) representative
direct care employees;
(bb) where
applicable, the
representatives of such
employees; and
(cc) the employer.
(iii) Hazard prevention, engineering
controls, or work practice controls to
correct, in a timely manner, hazards
that the employer creates or controls
which--
(I) may include security and
alarm systems, adequate exit
routes, monitoring systems,
barrier protection, established
areas for patients and clients,
lighting, entry procedures,
staffing and working in teams,
and systems to identify and
flag clients with a history of
violence; and
(II) shall ensure that
employers correct, in a timely
manner, hazards identified in
the annual report described in
paragraph (5) that the employer
creates or controls.
(iv) Reporting, incident response,
and post-incident investigation
procedures, including procedures--
(I) for employees to report
to the employer workplace
violence risks, hazards, and
incidents;
(II) for employers to respond
to reports of workplace
violence;
(III) for employers to
perform a post-incident
investigation and debriefing of
all reports of workplace
violence with the participation
of employees and their
representatives; and
(IV) to provide medical care
or first aid to affected
employees.
(v) Procedures for emergency
response, including procedures for
threats of mass casualties and
procedures for incidents involving a
firearm or a dangerous weapon.
(vi) Procedures for communicating
with and educating of covered employees
on workplace violence hazards, threats,
and work practice controls, the
employer's plan, and procedures for
confronting, responding to, and
reporting workplace violence threats,
incidents, and concerns, and employee
rights.
(vii) Procedures for ensuring the
coordination of risk assessment
efforts, Plan development, and
implementation of the Plan with other
employers who have employees who work
at the covered facility or who are
performing the covered service.
(viii) Procedures for conducting the
annual evaluation under paragraph (6).
(C) Availability of plan.--Each Plan shall be
made available at all times to the covered
employees who are covered under such Plan.
(D) Clarification.--The requirement under
subparagraph (A)(i) shall not be construed to
require that all direct care employees and
employee representatives participate in the
development and implementation of the Plan.
(2) Violent incident investigation.--
(A) In general.--As soon as practicable after
a workplace violence incident, of which a
covered employer has knowledge, the employer
shall conduct an investigation of such
incident, under which the employer shall--
(i) review the circumstances of the
incident and whether any controls or
measures implemented pursuant to the
Plan of the employer were effective;
and
(ii) solicit input from involved
employees, their representatives, and
supervisors, about the cause of the
incident, and whether further
corrective measures (including system-
level factors) could have prevented the
incident, risk, or hazard.
(B) Documentation.--A covered employer shall
document the findings, recommendations, and
corrective measures taken for each
investigation conducted under this paragraph.
(3) Education.--With respect to the covered employees
covered under a Plan of a covered employer, the
employer shall provide education to such employees who
may be exposed to workplace violence hazards and risks,
which meet the following requirements:
(A) Annual education includes information on
the Plan, including identified workplace
violence hazards, work practice control
measures, reporting procedures, record keeping
requirements, response procedures, and employee
rights.
(B) Additional hazard recognition education
for supervisors and managers to ensure they can
recognize high-risk situations and do not
assign employees to situations that predictably
compromise their safety.
(C) Additional education for each such
covered employee whose job circumstances has
changed, within a reasonable timeframe after
such change.
(D) Applicable new employee education prior
to employee's job assignment.
(E) All education provides such employees
opportunities to ask questions, give feedback
on such education, and request additional
instruction, clarification, or other followup.
(F) All education is provided in-person or
online and by an individual with knowledge of
workplace violence prevention and of the Plan.
(G) All education is appropriate in content
and vocabulary to the language, educational
level, and literacy of such covered employees.
(4) Recordkeeping and access to plan records.--
(A) In general.--Each covered employer
shall--
(i) maintain at all times records
related to each Plan of the employer,
including workplace violence risk and
hazard assessments, and identification,
evaluation, correction, and education
procedures;
(ii) maintain for a minimum of 5
years--
(I) a violent incident log
described in subparagraph (B)
for recording all workplace
violence incidents; and
(II) records of all incident
investigations as required
under paragraph (2)(B); and
(iii) make such records and logs
available, upon request, to covered
employees and their representatives for
examination and copying in accordance
with section 1910.1020 of title 29,
Code of Federal Regulations (as such
section is in effect on the date of
enactment of this Act), and in a manner
consistent with HIPAA privacy
regulations (defined in section
1180(b)(3) of the Social Security Act
(42 U.S.C. 1320d-9(b)(3))) and part 2
of title 42, Code of Federal
Regulations (as such part is in effect
on the date of enactment of this part),
and ensure that any such records and
logs removed from the employer's
control for purposes of this clause
omit any element of personal
identifying information sufficient to
allow identification of any patient,
resident, client, or other individual
alleged to have committed a violent
incident (including the person's name,
address, electronic mail address,
telephone number, or social security
number, or other information that,
alone or in combination with other
publicly available information, reveals
such person's identity).
(B) Violent incident log description.--Each
violent incident log--
(i) shall be maintained by a covered
employer for each covered facility
controlled by the employer and for each
covered service being performed by a
covered employee on behalf of such
employer;
(ii) may be based on a template
developed by the Secretary not later
than 1 year after the date of
promulgation of the standards under
section 101(a);
(iii) may include a description of--
(I) the violent incident
(including environmental risk
factors present at the time of
the incident);
(II) the date, time, and
location of the incident, names
and job titles of involved
employees;
(III) the nature and extent
of injuries to covered
employees;
(IV) a classification of the
perpetrator who committed the
violence, including whether the
perpetrator was--
(aa) a patient,
client, resident, or
customer of a covered
employer;
(bb) a family or
friend of a patient,
client, resident, or
customer of a covered
employer;
(cc) a stranger;
(dd) a coworker,
supervisor, or manager
of a covered employee;
(ee) a partner,
spouse, parent, or
relative of a covered
employee; or
(ff) any other
appropriate
classification;
(V) the type of violent
incident (such as type 1
violence, type 2 violence, type
3 violence, or type 4
violence); and
(VI) how the incident was
addressed;
(iv) not later than 7 days, depending
on the availability or condition of the
witness, after the employer learns of
such incident, shall contain a record
of each violent incident, which is
updated to ensure completeness of such
record;
(v) shall be maintained for not less
than 5 years; and
(vi) in the case of a violent
incident involving a privacy concern
case as defined in section
1904.29(b)(7) of title 29, Code of
Federal Regulations (as such section is
in effect on the date of enactment of
this Act), shall protect the identity
of employees in a manner consistent
with that section.
(C) Annual summary.--Each covered employer
shall prepare an annual summary of each violent
incident log for the preceding calendar year
that shall--
(i) with respect to each covered
facility, and each covered service, for
which such a log has been maintained,
include the total number of violent
incidents, the number of recordable
injuries related to such incidents, and
the total number of hours worked by the
covered employees for such preceding
year;
(ii) be completed on a form provided
by the Secretary;
(iii) be posted for three months
beginning February 1 of each year in a
manner consistent with the requirements
of section 1904 of title 29, Code of
Federal Regulations (as such section is
in effect on the date of enactment of
this Act), relating to the posting of
summaries of injury and illness logs;
(iv) be located in a conspicuous
place or places where notices to
employees are customarily posted; and
(v) not be altered, defaced, or
covered by other material by the
employer.
(5) Annual evaluation.--Each covered employer shall
conduct an annual written evaluation, conducted with
the full, active participation of covered employees and
employee representatives, of--
(A) the implementation and effectiveness of
the Plan, including a review of the violent
incident log; and
(B) compliance with education required by
each standard described in section 101, and
specified in the Plan.
(6) Anti-retaliation.--
(A) Policy.--Each covered employer shall
adopt a policy prohibiting any person
(including an agent of the employer) from
discriminating or retaliating against any
employee for reporting, or seeking assistance
or intervention from, a workplace violence
incident, threat, or concern to the employer,
law enforcement, local emergency services, or a
government agency, or participating in an
incident investigation.
(B) Enforcement.--Each violation of the
policy shall be enforced in the same manner and
to the same extent as a violation of section
11(c) of the Occupational Safety and Health Act
(29 U.S.C. 660(c)) is enforced.
SEC. 104. RULES OF CONSTRUCTION.
Notwithstanding section 18 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 667)--
(1) nothing in this title shall be construed to
curtail or limit authority of the Secretary under any
other provision of the law;
(2) the rights, privileges, or remedies of covered
employees shall be in addition to the rights,
privileges, or remedies provided under any Federal or
State law, or any collective bargaining agreement; and
(3) nothing in this Act shall be construed to limit
or prevent health care workers, social service workers,
or other personnel from reporting violent incidents to
appropriate law enforcement.
SEC. 105. OTHER DEFINITIONS.
In this title:
(1) Workplace violence.--
(A) In general.--The term ``workplace
violence'' means any act of violence or threat
of violence, that occurs at a covered facility
or while a covered employee performs a covered
service.
(B) Exclusions.--The term ``workplace
violence'' does not include lawful acts of
self-defense or lawful acts of defense of
others.
(C) Inclusions.--The term ``workplace
violence'' includes an incident involving the
threat or use of a firearm or a dangerous
weapon, including the use of common objects as
weapons, without regard to whether the employee
sustains an injury.
(2) Type 1 violence.--The term ``type 1 violence''--
(A) means workplace violence directed at a
covered employee at a covered facility or while
performing a covered service by an individual
who has no legitimate business at the covered
facility or with respect to such covered
service; and
(B) includes violent acts by any individual
who enters the covered facility or worksite
where a covered service is being performed with
the intent to commit a crime.
(3) Type 2 violence.--The term ``type 2 violence''
means workplace violence directed at a covered employee
by customers, clients, patients, students, inmates, or
any individual for whom a covered facility provides
services or for whom the employee performs covered
services.
(4) Type 3 violence.--The term ``type 3 violence''
means workplace violence directed at a covered employee
by a present or former employee, supervisor, or
manager.
(5) Type 4 violence.--The term ``type 4 violence''
means workplace violence directed at a covered employee
by an individual who is not an employee, but has or is
known to have had a personal relationship with such
employee.
(6) Alarm.--The term ``alarm'' means a mechanical,
electrical, or electronic device that can alert others
but does not rely upon an employee's vocalization in
order to alert others.
(7) Engineering controls.--
(A) In general.--The term ``engineering
controls'' means an aspect of the built space
or a device that removes or minimizes a hazard
from the workplace or creates a barrier between
a covered employee and the hazard.
(B) Inclusions.--For purposes of reducing
workplace violence hazards, the term
``engineering controls'' includes electronic
access controls to employee occupied areas,
weapon detectors (installed or handheld),
enclosed workstations with shatter-resistant
glass, deep service counters, separate rooms or
areas for high-risk patients, locks on doors,
removing access to or securing items that could
be used as weapons, furniture affixed to the
floor, opaque glass in patient rooms (which
protects privacy, but allows the health care
provider to see where the patient is before
entering the room), closed-circuit television
monitoring and video recording, sight-aids, and
personal alarm devices.
(8) Environmental risk factors.--
(A) In general.--The term ``environmental
risk factors'' means factors in the covered
facility or area in which a covered service is
performed that may contribute to the likelihood
or severity of a workplace violence incident.
(B) Clarification.--Environmental risk
factors may be associated with the specific
task being performed or the work area, such as
working in an isolated area, poor illumination
or blocked visibility, and lack of physical
barriers between individuals and persons at
risk of committing workplace violence.
(9) Patient-specific risk factors.--The term
``patient-specific risk factors'' means factors
specific to a patient that may increase the likelihood
or severity of a workplace violence incident,
including--
(A) a patient's psychiatric condition,
treatment and medication status, history of
violence, and known or recorded use of drugs or
alcohol; and
(B) any conditions or disease processes of
the patient that may cause the patient to
experience confusion or disorientation, to be
non-responsive to instruction, or to behave
unpredictably.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(11) Work practice controls.--
(A) In general.--The term ``work practice
controls'' means procedures and rules that are
used to effectively reduce workplace violence
hazards.
(B) Inclusions.--The term ``work practice
controls'' includes assigning and placing
sufficient numbers of staff to reduce patient-
specific Type 2 workplace violence hazards,
provision of dedicated and available safety
personnel such as security guards, employee
training on workplace violence prevention
method and techniques to de-escalate and
minimize violent behavior, and employee
education on procedures for response in the
event of a workplace violence incident and for
post-incident response.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO
CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42
U.S.C. 1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and''
at the end;
(B) in subparagraph (Y), by striking at the
end the period and inserting ``; and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of hospitals that are not otherwise
subject to the Occupational Safety and Health Act of
1970 (or a State occupational safety and health plan
that is approved under 18(b) of such Act) and skilled
nursing facilities that are not otherwise subject to
such Act (or such a State occupational safety and
health plan), to comply with the Workplace Violence
Prevention Standard (as promulgated under section 101
of the Workplace Violence Prevention for Health Care
and Social Service Workers Act).''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and a
hospital or skilled nursing facility that fails
to comply with the requirement of subsection
(a)(1)(Z) (relating to the Workplace Violence
Prevention Standard)'' after ``Bloodborne
Pathogens Standard)''; and
(B) in subparagraph (B)--
(i) by striking ``(a)(1)(U)'' and
inserting ``(a)(1)(V)''; and
(ii) by inserting ``(or, in the case
of a failure to comply with the
requirement of subsection (a)(1)(Z),
for a violation of the Workplace
Violence Prevention standard referred
to in such subsection by a hospital or
skilled nursing facility, as
applicable, that is subject to the
provisions of such Act)'' before the
period at the end.
(b) Effective Date.--The amendments made by subsection (a)
shall apply beginning on the date that is 1 year after the date
of issuance of the final standard on workplace violence
prevention required under section 101.
----------
6. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Page 26, line 25, strike ``and''.
Page 27, line 4, strike the period and insert ``; and''.
Page 27, after line 4, insert the following:
(4) nothing in this Act shall be construed to limit
or diminish any protections in relevant Federal, State,
or local law related to--
(A) domestic violence;
(B) stalking;
(C) dating violence; and
(D) sexual assault.
[all]
