Division C — Protection for Families and Workers

S. 4800 · 116th Congress · Oct 19, 2020 · Lineage

C Protection for Families and Workers

I Amendments to Emergency Family and Medical Leave Expansion Act and Emergency Paid Sick Leave Act

A Emergency Family and Medical Leave Expansion Act Amendments

Sec. 101 References

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emergency Family and Medical Leave Expansion Act (Public Law 116–127).

Sec. 102 Employee eligibility and employer clarification

(a)

Employee eligibility— Section 101(2) is amended by adding at the end the following:

“(F) Alternative eligibility for COVID–19 public health emergency—For the period beginning on the date of the enactment of The Heroes Act and ending on December 31, 2022—

“(i) subparagraph (A)(i) shall be applied by substituting “90 days” for “12 months”; and

“(ii) subparagraph (A)(ii) shall not apply.”

(b)

Employer clarification— Section 101(4) is amended by adding at the end the following:

“(C) Clarification—Subparagraph (A)(i) shall not apply with respect to a public agency described in subparagraph (A)(iii).”

Sec. 103 Emergency leave extension

Section 102(a)(1)(F) is amended by striking “December 31, 2020” and inserting “February 28, 2021”.

Sec. 104 Emergency leave definitions

(a)

Eligible employee— Section 110(a)(1) is amended in subparagraph (A), by striking “sections 101(2)(A) and 101(2)(B)(ii)” and inserting “section 101(2)”.

(b)

Employer threshold— Section 110(a)(1)(B) is amended by striking “fewer than 500 employees” and inserting “1 or more employees”.

(c)

Parent— Section 110(a)(1) is amended by adding at the end the following:

“(C) Parent—In lieu of the definition in section 101(7), the term parent, with respect to an employee, means any of the following:

“(i) A biological, foster, or adoptive parent of the employee.

“(ii) A stepparent of the employee.

“(iii) A parent-in-law of the employee.

“(iv) A parent of a domestic partner of the employee.

“(v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.”

(d)

Qualifying need related to a public health emergency— Section 110(a)(2)(A) is amended to read as follows:

“(A) Qualifying need related to a public health emergency—The term qualifying need related to a public health emergency, with respect to leave, means that the employee is unable to perform the functions of the position of such employee due to a need for leave for any of the following:

“(i) To self-isolate because the employee is diagnosed with COVID–19.

“(ii) To obtain a medical diagnosis or care if such employee is experiencing the symptoms of COVID–19.

“(iii) To comply with a recommendation or order by a public official with jurisdiction or a health care provider to self isolate, without regard to whether such recommendation or order is specific to the employee, on the basis that the physical presence of the employee on the job would jeopardize the employee’s health, the health of other employees, or the health of an individual in the household of the employee because of—

“(I) the possible exposure of the employee to COVID–19; or

“(II) exhibition of symptoms of COVID–19 by the employee.

“(iv) To care for or assist a family member of the employee, without regard to whether another individual other than the employee is available to care for or assist such family member, because—

“(I) such family member—

“(aa) is self-isolating because such family member has been diagnosed with COVID–19; or

“(bb) is experiencing symptoms of COVID–19 and needs to obtain medical diagnosis or care; or

“(II) a public official with jurisdiction or a health care provider makes a recommendation or order with respect to such family member, without regard to whether such determination is specific to such family member, that the presence of the family member in the community would jeopardize the health of other individuals in the community because of—

“(aa) the possible exposure of such family member to COVID–19; or

“(bb) exhibition of symptoms of COVID–19 by such family member.

“(v) To care for the son or daughter of such employee if, due to COVID–19—

“(I) the child care provider of such son or daughter is unavailable;

“(II) the school or place of care of such son or daughter is closed; or

“(III) the school of such son or daughter—-

“(aa) requires or makes optional a virtual learning instruction model; or

“(bb) requires or makes optional a hybrid of in-person and virtual learning instruction models.

“(vi) To care for a family member who is incapable of self-care because of a mental or physical disability or is a senior citizen, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19.”

(e)

Family member— Section 110(a)(2) is amended by adding at the end the following:

“(E) Family member—The term family member, with respect to an employee, means any of the following:

“(i) A parent of the employee.

“(ii) A spouse of the employee.

“(iii) A sibling of the employee.

“(iv) Next of kin of the employee or a person for whom the employee is next of kin.

“(v) A son or daughter of the employee.

“(vi) A grandparent or grandchild of the employee.

“(vii) A domestic partner of the employee.

“(viii) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

“(F) Domestic partner

“(i) In general—The term domestic partner, with respect to an individual, means another individual with whom the individual is in a committed relationship.

“(ii) Committed relationship defined—The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.”

Sec. 105 Regulatory authorities

(a)

In general— Section 110(a) is amended by striking paragraph (3).

(b)

Force or effect of regulations— Any regulation issued under section 110(a)(3), as in effect on the day before the date of the enactment of this Act, shall have no force or effect.

Sec. 106 Paid leave

Section 110(b) of the Family and Medical Leave Act of 1993 is amended—

(1)

in the heading, by striking “Relationship to”;

(2)

by amending paragraph (1) to read as follows:

“(1) Employee election

“(A) In general—An employee may elect to substitute any vacation leave, personal leave, or medical or sick leave for paid leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B).

“(B) Employer requirement—An employer may not require an employee to substitute any leave described in subparagraph (A) for leave under section 102(a)(1)(F).

“(C) Relationship to other family and medical leave—Leave taken under subparagraph (F) of section 102(a)(1) shall not count towards the 12 weeks of leave to which an employee is entitled under subparagraphs (A) through (E) of such section.

“(D) Relationship to limitation—PRESUMPTION OF ELIGIBILITY FOR for any vacation leave, personal leave, or medical or sick leave that is substituted for leave under section 102(a)(1)(F) shall not count toward the limitation under paragraph (2)(B)(ii).”

(3)

in paragraph (2)(A), by striking “that an employee takes” and all that follows through “10 days”.

Sec. 107 Wage rate

Section 110(b)(2)(B) is amended—

(1)

by amending clause (i)(I) to read as follows:

“(I) an amount that is not less than the greater of—

“(aa) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));

“(bb) the minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed; or

“(cc) two thirds of an employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)); and”

(2)

in clause (ii), by striking “$10,000” and inserting “$12,000”.

Sec. 108 Notice

Section 110(c) is amended by striking “for the purpose described in subsection (a)(2)(A)”.

Sec. 109 Intermittent leave

Section 110 is amended by adding at the end the following:

“(e) Leave taken intermittently or on a reduced work schedule—Leave under section 102(a)(1)(F) may be taken by an employee intermittently or on a reduced work schedule, without regard to whether the employee and the employer of the employee have an agreement with respect to whether such leave may be taken intermittently or on a reduced work schedule.”

Sec. 110 Certification

Section 110 is further amended by adding at the end the following:

“(f) Certification

“(1) In general—If an employer requires that a request for leave under section 102(a)(1)(F) be certified, the employer may require documentation for certification not earlier than 5 weeks after the date on which the employee takes such leave.

“(2) Sufficient certification—The following documentation shall be sufficient for certification:

“(A) With respect to leave taken for the purposes described in clauses (i) through (iv) of subsection (a)(2)(A)—

“(i) a recommendation or order from a public official having jurisdiction or a health care provider that the employee or relevant family member has symptoms of COVID–19 or should self-isolate; or

“(ii) documentation or evidence, including an oral or written statement from an employee, that the employee or relevant family member has been exposed to COVID–19.

“(B) With respect to leave taken for the purposes described in clause (v) or (vi) of subsection (a)(2)(A), notice—

“(i) from the school, place of care, or child care or direct care provider of the son or daughter or other family member of the employee of closure or unavailability; or

“(ii) from the school of the son or daughter of the requirement or option of a virtual learning instruction model or a hybrid of in-person and virtual learning instruction models.”

Sec. 111 Authority of the Director of the Office of Management and Budget to exclude certain employees

Section 110(a) is amended by striking paragraph (4).

Sec. 112 Technical amendments

(a)

Section 110(a)(1)(A) is amended by striking “(ii)” before “Special Rule” and inserting “(iii)”.

(b)

Section 19008 of the CARES Act is amended—

(1)

by striking “—” after “amended”;

(2)

by striking paragraph (1); and

(3)

by striking “(2)” before “by adding at the end”.

Sec. 113 Amendments to the Emergency Family and Medical Leave Expansion Act

The Emergency Family and Medical Leave Expansion Act (Public Law 116–127) is amended—

(1)

in section 3103(b), by striking “Employees” and inserting, “Notwithstanding section 102(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)), employees”; and

(2)

by striking sections 3104 and 3105.

B Emergency Paid Sick Leave Act Amendments

Sec. 121 References

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of division E of the Families First Coronavirus Response Act (Public Law 116–127).

Sec. 122 Paid sick time requirement

(a)

Uses— Section 5102(a) is amended to read as follows:

“(a) In general—An employer shall provide to each employee employed by the employer paid sick time for any qualifying need related to a public health emergency (as defined in section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).”

(b)

Recurrence— Section 5102(b) is amended by striking “An” and inserting “During any 12-month period, an”.

(c)

Employers with existing policies— Section 5102 is amended by striking subsection (f) and inserting the following:

“(f) Employers with existing policies—With respect to an employer that provides paid leave on the day before the date of the enactment of this Act—

“(1) the paid sick time under this Act shall be made available to employees of the employer in addition to such paid leave; and

“(2) the employer may not change such paid leave on or after such date of enactment to avoid being subject to paragraph (1).”

(d)

Intermittent leave— Section 5102 is further amended by adding at the end the following:

“(g) Leave taken intermittently or on a reduced work schedule—Leave under section 5102 may be taken by an employee intermittently or on a reduced work schedule, without regard to whether the employee and the employer of the employee have an agreement with respect to whether such leave may be taken intermittently or on a reduced work schedule.”

(e)

Certification— Section 5102 is further amended by adding at the end the following:

“(h) Certification—If an employer requires that a request for paid sick time under this section be certified—

“(1) the documentation described in paragraph (2) of section 110(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(f)) shall be sufficient for certification; and

“(2) an employer may not require such certification unless—

“(A) the employee takes not less than 3 consecutive days of paid sick time; and

“(B) the employer requires documents for such certification not earlier than 7 workdays after the employee returns to work after such paid sick time.”

(f)

Notice— Section 5102 is further amended by adding at the end the following:

“(i) Notice—In any case where the necessity for leave under this section is foreseeable, an employee shall provide the employer with such notice of leave as is practicable.”

(g)

Leave transfer to new employer— Section 5102 is further amended by adding at the end the following:

“(j) Leave transfer to new employer—A covered employee who begins employment with a new covered employer shall be entitled to the full amount of leave under section 5102 with respect to such employer.”

(h)

Restoration to position—

(1)

In general— Section 5102 is further amended by adding at the end the following:

“(k) Restoration to position—Any covered employee who takes paid sick time under this section, on return from such paid sick time, shall be entitled—

“(1) to be restored by the employer to the position of employment held by the employee when the leave commenced; or

“(2) if such position is not available, to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.”

(2)

Enforcement— Section 5105 is amended—

(A)

by amending subsection (a) to read as follows:

“(a) Unpaid sick leave—Subject to subsection (b), a violation of section 5102 shall be deemed a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) and unpaid amounts shall be treated as unpaid overtime compensation under such section for the purposes of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).”

(B)

in subsection (b), by inserting “section 5102(k) or” before “section 5104”.

Sec. 123 Sunset

Section 5109 is amended by striking “December 31, 2020” and inserting “February 28, 2021”.

Sec. 124 Definitions

(a)

Employer— Section 5110(2)(B) is amended—

(1)

by striking “terms” and inserting “term”;

(2)

by amending subclause (I) of clause (i) to read as follows:

“(I) means any person engaged in commerce or in any industry or activity affecting commerce that employs 1 or more employees;”

(3)

by amending clause (ii) to read as follows:

“(ii) Public agency and non-profit organizations—For purposes of clause (i)(III) and (i)(I), a public agency and a nonprofit organization shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.”

(b)

FMLA terms— Section 5110(4) is amended to read as follows:

“(4) FMLA terms

“(A) Section 101—The terms health care provider, next of kin, son or daughter, and spouse have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

“(B) Section 110—The terms child care provider, domestic partner, family member, parent, and school have the meanings given such terms in section 110(a)(2) of the Family and Medical and Leave Act of 1993.”

(c)

Paid sick time— Section 5110(5) is amended—

(1)

in subparagraph (A)—

(A)

in clause (i), by striking “reason described in any paragraph of section 2(a)” and inserting “qualifying need related to a public health emergency”; and

(B)

in clause (ii), by striking “exceed” and all that follows and inserting “exceed $511 per day and $5,110 in the aggregate.”;

(2)

in subparagraph (B)—

(A)

by striking the following:

“(B) Required compensation

“(i) In general—Subject to subparagraph (A)(ii),”

“(B) Required compensation—Subject to subparagraph (A)(ii),”

(B)

by striking clause (ii); and

(3)

in subparagraph (C), by striking “ section 2(a)” and inserting “section 5102(a)”.

(d)

Qualifying need related to a public health emergency— Section 5110 is amended by adding at the end the following:

“(1) Qualifying need related to a public health emergency—The term qualifying need related to a public health emergency has the meaning given such term in section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).”

Sec. 125 Emergency paid sick leave for employees of the Department of Veterans Affairs and the Transportation Security Administration for purposes relating to COVID–19

Section 5110(1) is further amended—

(1)

in subparagraph (E) by striking “or” after “Code;”;

(2)

by redesignating subparagraph (F) as subparagraph (H); and

(3)

by inserting after subparagraph (E) the following:

“(F) notwithstanding sections 7421(a) or 7425(b) of title 38, United States Code, or any other provision of law, an employee of the Department of Veterans Affairs (including employees under chapter 74 of such title);

“(G) any employee of the Transportation Security Administration, including an employee under 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or”

Sec. 126 Authority of the Director of the Office of Management and Budget to exclude certain employees

Division E is amended by striking section 5112.

Sec. 127 Regulatory authorities

(a)

In general— Division E is amended by striking section 5111.

(b)

Force or effect of regulations— Any regulation issued under section 5111 of division E of the Families First Coronavirus Response Act (Public Law 116–127), as in effect on the day before the date of the enactment of this Act, shall have no force or effect.

II COVID–19 Every Worker Protection Act of 2020

Sec. 201 Short title

This title may be cited as the “COVID–19 Every Worker Protection Act of 2020”.

Sec. 202 Emergency temporary and permanent standards

(a)

Emergency temporary standard—

(1)

In general— In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for employees, not later than 7 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect from occupational exposure to SARS–CoV–2—

(A)

employees of health care sector employers;

(B)

employees of employers in paramedic and emergency medical services, including such services provided by firefighters and other emergency responders; and

(C)

employees of employers in other sectors or occupations, including mortuary services, food processing (including poultry, meat, and seafood), agriculture and crop harvesting, manufacturing, indoor and outdoor construction, correctional centers, jails, and detention centers, transportation (including airports, train stations, and bus stations), retail and wholesale grocery, warehousing and package and mail processing and delivery services, call centers, education, social service and daycare, homeless shelters, hotels, restaurants and bars, drug stores and pharmacies, and retail establishments.

(2)

Consultation— In developing the standard under this subsection, the Secretary of Labor—

(A)

shall consult with—

(i)

the Director of the Centers for Disease Control and Prevention; and

(ii)

the Director of the National Institute for Occupational Safety and Health; and

(B)

may consult with the professional associations and representatives of the employees described in paragraph (1).

(3)

Enforcement discretion— If the Secretary of Labor determines it is not feasible for an employer to comply with a requirement of the standard promulgated under this subsection (such as a shortage of the necessary personal protective equipment), the Secretary may exercise discretion in the enforcement of such requirement if the employer demonstrates that the employer—

(A)

is exercising due diligence to come into compliance with such requirement; and

(B)

is implementing alternative methods and measures to protect employees.

(4)

Extension of standard— Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)), the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under subsection (b) is in effect.

(5)

State plan adoption— With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), not later than 14 days after the date of the enactment of this Act, such State shall promulgate an emergency temporary standard that is at least as effective in protecting from occupational exposure to SARS–CoV–2 the employees described in paragraph (1) as the emergency temporary standard promulgated under this subsection.

(6)

Employer defined— For purposes of the standard promulgated under this subsection, the term employer (as defined in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652)) includes any State or political subdivision of a State, except for a State or political subdivision of a State already subject to the jurisdiction of a State plan approved under section 18(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(b)).

(7)

Requirements— The standard promulgated under this subsection shall include—

(A)

a requirement that any employer of an employee in an occupation or sector described in paragraph (1)—

(i)

conduct a hazard assessment to assess risks of occupational exposure to SARS–CoV–2;

(ii)

develop and implement an exposure control plan, based on the hazard assessment mandated in clause (i), with the input and involvement of employees or the representatives of employees, as appropriate, to address the risk of occupational exposure in such sectors and occupations;

(iii)

provide job specific training and education to such employees on such standard, the plan under clause (ii), and prevention of the transmission of SARS–CoV–2;

(iv)

implement, as appropriate, engineering controls, including ventilation; work practice controls (including physical distancing of not less than 6 feet while on the job and during paid breaks); and appropriate respiratory protection and other personal protective equipment;

(v)

develop and implement procedures for—

(I)

sanitation of the work environment;

(II)

screening of employees for signs and symptoms of COVID–19;

(III)

the return to work for employees who previously tested positive for COVID–19 or who showed signs or symptoms of COVID–19; and

(IV)

ensuring that subcontractors comply with the procedures under subclauses (I) through (III); and

(vi)

record and report each work-related COVID–19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of the enactment of this Act);

(B)

no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667);

(C)

the incorporation, as appropriate, of—

(i)

guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and

(ii)

relevant scientific research on novel pathogens; and

(D)

a requirement for each employer to—

(i)

maintain a COVID–19 employee infection log, notify its own employees and report to the appropriate health department of each confirmed positive COVID–19 diagnosis of an employee within 24 hours of the employer learning of such confirmed positive diagnosis, whether or not the infection is work-related, consistent with the confidentiality requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)) and other applicable Federal regulations; and

(ii)

report to the Occupational Safety and Health Administration any outbreak of three or more confirmed positive COVID–19 diagnoses that have occurred among employees present at the place of employment within a 14-day period, not later than 24 hours after the employer is made aware of such an outbreak.

(8)

Inapplicable provisions of law and executive order— The following provisions of law and Executive orders shall not be applicable with respect to the standard promulgated under this subsection:

(A)

The requirements of chapter 6 of title 5, United States Code (commonly referred to as the “Regulatory Flexibility Act”).

(B)

Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”).

(C)

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.).

(D)

Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended.

(E)

Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs).

(b)

Permanent standard— Not later than 24 months after the date of the enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard—

(1)

to protect employees described in subsection (a)(1) from occupational exposure to infectious pathogens, including novel pathogens; and

(2)

that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).

(c)

Anti-retaliation—

(1)

Policy— Each standard promulgated under this section shall require employers to adopt a policy prohibiting the discrimination and retaliation described in paragraph (2) by any person (including an agent of the employer).

(2)

Prohibition— No employer (including an agent of the employer) shall discriminate or retaliate against an employee for—

(A)

reporting to the employer, to a local, State, or Federal government agency, or to the media or on a social media platform—

(i)

a violation of a standard promulgated pursuant to this Act;

(ii)

a violation of an infectious disease exposure control plan described in subsection (c)(1); or

(iii)

a good faith concern about a workplace infectious disease hazard;

(B)

seeking assistance or intervention from the employer or a local, State, or Federal government agency with respect to such a report;

(C)

voluntary use of personal protective equipment with a higher level of protection than is provided by the employer; or

(D)

exercising any other right under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(3)

Enforcement— This subsection shall 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)).

(d)

Effect on other laws, regulations, or orders—

(1)

In general— Nothing in this Act shall be construed to—

(A)

curtail or limit authority of the Secretary under any other provision of law; or

(B)

preempt the application of any other statute, regulation, or order of any State or local government related to SARS–CoV–2 in the workplace except to the extent that such provisions are inconsistent with this Act, or a standard promulgated pursuant to this Act, and in such case only to the extent of the inconsistency.

(2)

Equal or greater protection— A provision of law, regulation, or order of a State or local government shall not be considered inconsistent with this Act or standard promulgated under this Act under paragraph (1)(B) if such provision provides equal or greater health or safety protection to an employee than the protection provided under this Act, an Emergency Temporary Standard, or a final standard promulgated under this Act.

Sec. 203 Reporting, tracking, investigation and surveillance of COVID–19 infections and outbreaks

The Director of the Centers for Disease Control and Prevention, in conjunction with the Director of the National Institute for Occupational Safety and Health, in cooperation with State and territorial health departments, shall—

(1)

collect and analyze case reports, including information on the work status, occupation, and industry classification of an individual, and other data on COVID–19, to identify and evaluate the extent, nature, and source of COVID–19 among employees described in section (a)(1);

(2)

compile data and statistics on COVID–19 among such employees and provide to the public periodic reports on such data and statistics; and

(3)

based on such reports, make recommendations on needed actions or guidance to protect such employees.

III COVID–19 Protections under Longshore and Harbor Workers’ Compensation Act

Sec. 301 Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act

(a)

Entitlement to compensation—

(1)

In general— A covered employee who receives a diagnosis or is subject to an order described in paragraph (2)(B) and who provides notice of or files a claim relating to such diagnosis or order under section 12 or 13 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 912, 913), respectively, shall—

(A)

be deemed to have an injury arising out of or in the course of employment for which compensation is payable under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.); and

(B)

be paid the compensation to which the employee is entitled under such Act (33 U.S.C. 901 et seq.).

(2)

Covered employee— In this section, the term covered employee means an employee who—

(A)

at any time during the period beginning on January 27, 2020, and ending on January 27, 2022, was engaged in maritime employment; and

(B)

was—

(i)

at any time during the period beginning on January 27, 2020, and ending on February 27, 2022, diagnosed with COVID–19; or

(ii)

at any time during the period described in subparagraph (A), ordered not to return to work by the employee’s employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID–19 in the workplace.

(b)

Reimbursement—

(1)

In general—

(A)

Entitlement— Subject to subparagraph (B), an employer of a covered employee or the employer’s carrier shall be entitled to reimbursement for any compensation paid with respect to a notice or claim described in subsection (a), including disability benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses.

(B)

Safety and health requirements— To be entitled to reimbursement under subparagraph (A)—

(i)

an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus that causes COVID–19, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the Coast Guard, and Federal, State or local public health authorities; and

(ii)

a carrier—

(I)

shall be a carrier for an employer that is in compliance with clause (i); and

(II)

shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in subparagraph (A).

(2)

Reimbursement procedures— To receive reimbursement under paragraph (1)—

(A)

a claim for such reimbursement shall be submitted to the Secretary of Labor—

(i)

not later than one year after the final payment of compensation to a covered employee pursuant to this section; and

(ii)

in the same manner as a claim for reimbursement is submitted in accordance with part 61 of title 20, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and

(B)

an employer and the employer’s carrier shall make, keep, and preserve such records, make such reports, and provide such information, as the Secretary of Labor determines necessary or appropriate to carry out this section.

(c)

Special fund—

(1)

In general— A reimbursement under paragraph (1) shall be paid out of the special fund established in section 44 of Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 944).

(2)

Funding— There are authorized to be appropriated, and there are appropriated, such funds as may be necessary to reimburse the special fund described in paragraph (1) for each reimbursement paid out of such fund under paragraph (1).

(d)

Report— Not later than 60 days after the end of fiscal year 2020, 2021, and 2022, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, an annual report enumerating—

(1)

the number of claims filed pursuant to section (a)(1);

(2)

of such filed claims—

(A)

the number and types of claims approved under section 13 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 913);

(B)

the number and types of claims denied under such section;

(C)

the number and types of claims pending under such section; and

(3)

the amounts and the number of claims for reimbursement paid out of the special fund under subsection (c)(1) for the fiscal year for which the report is being submitted.

(e)

Regulations— The Secretary of Labor may promulgate such regulations as may be necessary to carry out this section.

(f)

Definitions— In this section:

(1)

LHWCA terms— The terms carrier, compensation, employee, and employer have the meanings given the terms in section 2 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902).

(2)

Novel coronavirus— The term novel coronavirus means SARS–CoV–2.

IV Worker’s Compensation for Federal and Postal Employees Diagnosed with COVID–19

Sec. 401 Presumption of eligibility for workers’ compensation benefits for Federal employees diagnosed with COVID–19

(a)

In general— An employee who is diagnosed with COVID–19 during the period described in subsection (b)(2)(A) shall, with respect to any claim made by or on behalf of the employee for benefits under subchapter I of chapter 81 of title 5, United States Code, be deemed to have an injury proximately caused by exposure to coronavirus arising out of the nature of the employee’s employment and be presumptively entitled to such benefits, including disability compensation, medical services, and survivor benefits.

(b)

Definitions— In this section—

(1)

the term coronavirus means SARS– CoV–2 or another coronavirus with pandemic potential; and

(2)

the term employee—

(A)

means an employee as that term is defined in section 8101(1) of title 5, United States Code, (including an employee of the United States Postal Service, the Transportation Security Administration, or the Department of Veterans Affairs, including any individual appointed under chapter 73 or 74 of title 38, United States Code) employed in the Federal service at anytime during the period beginning on January 27, 2020, and ending on January 30, 2022—

(i)

who carried out duties requiring contact with patients, members of the public, or co-workers; or

(ii)

whose duties include a risk of exposure to the coronavirus; and

(B)

does not include any employee otherwise covered by subparagraph (A) who is teleworking on a full-time basis in the period described in such subparagraph prior to a diagnosis with COVID–19.

V COVID–19 Workforce Development Response Activities

Sec. 501 Definitions

(a)

In general— Except as otherwise provided, the terms in this title have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(b)

Coronavirus— The term coronavirus means coronavirus as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).

(c)

Covid–19 national emergency— The term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.

(d)

Secretary— The term Secretary means the Secretary of Labor.

Sec. 502 Job corps response to the COVID–19 national emergency

In order to provide for the successful continuity of services and enrollment periods during the COVID–19 national emergency, additional flexibility shall be provided for Job Corps operators, providers of eligible activities, and practitioners, including the following:

(1)

Eligibility— Notwithstanding the age requirements for enrollment under section 144(a)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)), an individual seeking to enroll in Job Corps and who turns 25 during the COVID–19 national emergency is eligible for such enrollment during or up to one year after the end of the qualifying emergency.

(2)

Enrollment length— Notwithstanding section 146(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3196(b)), an individual enrolled in Job Corps during the COVID–19 national emergency may extend their period of enrollment for more than 2 years as long as such extension does not exceed a 2-year, continuous period of enrollment after the COVID–19 national emergency.

(3)

Advanced career training programs— Notwithstanding paragraph (2), with respect to advanced career training programs under section 148(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198(c)) in which the enrollees may continue to participate for a period not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be limited, the COVID–19 national emergency shall not be considered as any portion of such additional 1-year participation period.

(4)

Counseling, job placement, and assessment— The counseling, job placement, and assessment services described in section 149 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3199) shall be available to former enrollees—

(A)

whose enrollment was interrupted due to the COVID–19 national emergency;

(B)

who graduated from Job Corps on or after January 1, 2020; or

(C)

who graduated from Job Corps not later than 3 months after the COVID–19 national emergency.

(5)

Support— The Secretary shall provide additional support for the transition periods described in section 150 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3200), including the following:

(A)

Transition allowances— The Secretary shall provide, subject to the availability of appropriations, for the provision of additional transition allowances as described in subsection (b) of such section for Job Corps students who graduate during the periods described in subparagraph (B) or (C) of paragraph (4).

(B)

Transition support— The Secretary shall consider the period during the COVID–19 national emergency and the three month period following the conclusion of the COVID–19 national emergency as the period in which the provision of employment services as described in subsection (c) of such section shall be provided to graduates who have graduated in 2020.

(6)

Enrollment eligibility— The requirements described in sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3195(a)(2)(A) and 29 U.S.C. 3202(b)(2)(B)) shall be applicable only for students participating onsite or once returning to onsite after participating in distance learning.

(7)

Effectively supporting distance learning— The Secretary shall take such steps necessary to modify the agreements required by Sec. 147(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(a)(1)) to enable operators and service providers to purchase, within the limitations of the contract values or established annual budgets for Job Corps Centers, any equipment, supplies, and services that the operators or service providers determine are necessary to facilitate effective virtual learning and to protect the health of students and staff on-center during the COVID–19 national emergency, including distance learning technology for students and COVID–19 testing, and shall allow students to retain permanent possession of such equipment and technology without financial penalty regardless of their enrollment status.

Sec. 503 Migrant and seasonal farmworker program response

During the COVID–19 national emergency, for the purposes of section 167(i)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term low income individual shall include an individual with a total family income equal to or less than 150 percent of the poverty line.

Sec. 504 Youthbuild activities responding to the COVID–19 national emergency

During the COVID–19 national emergency, the Secretary shall provide for flexibility for YouthBuild participants and entities carrying out YouthBuild programs, including the following:

(1)

Eligibility— Notwithstanding the age requirements for enrollment under section 171(e)(1)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an individual seeking to participate in a YouthBuild program and who turns 25 during the COVID–19 national emergency is eligible for such participation.

(2)

Participation length— Notwithstanding section 171(e)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(e)(2)), the period of participation in a YouthBuild program may extend beyond 24 months for an individual participating in such program during the COVID–19 national emergency, as long as such extension does not exceed a 24 month, continuous period of enrollment after the COVID–19 national emergency.

Sec. 505 Apprenticeship support during the COVID–19 national emergency

Not later than 30 days after the date of the enactment of this Act, the Secretary shall identify and disseminate strategies and tools to support virtual and online learning and training in apprenticeship programs.