Balancing Act of 2011 - Family Leave Insurance Act - Amends the Family and Medical Leave Act of 1993 to direct the Secretary of Labor to establish a Family and Medical Insurance Program, which may involve contracts with state programs, under which, for specified reasons, an eligible employee of a covered employer shall be entitled to family and medical leave insurance benefits for a total of 12 workweeks of leave during any 12-month program.
Requires the Director of the Office of Personnel Management to establish a similar Civil Service Family and Medical Leave Insurance Program for federal employees.
Creates in the Treasury the Family and Medical Leave Insurance Fund.
Amends the Internal Revenue Code to impose a family and medical leave premium on employees and employers.
Family and Medical Leave Enhancement Act - Amends the FMLA to increase the number of employers to which it applies by reducing from 50 to 25 employees the threshold number triggering application of the Act.
Entitles eligible employees and federal employees to take specified additional leave for parental involvement and family wellness.
Domestic Violence Leave Act - Entitles eligible employees, including federal employees, to leave to address domestic violence, sexual assault, or stalking.
Includes within the purview of FMLA same-sex spouses and domestic partners and their children.
Healthy Families Act - Requires certain employers to provide paid sick time to their employees, including time to address domestic violence, sexual assault, or stalking.
Prohibits such employers from discriminating against employees for their legitimate use of paid sick time.
Directs the Commissioner of Labor Statistics to compile specified information relating to use of paid sick time.
Amends the Child Care and Development Block Grant Act of 1990 to authorize additional funds for expanding child care activities for young children under age three.
Authorizes the Secretary to allot funds to eligible states, Indian tribes, and tribal organizations for the federal share of access to affordable health benefits coverage for eligible child care providers.
Establishes: (1) the Child Care Provider Development and Retention Grant Program; and (2) the Child Care Provider Scholarship Program.
Healthy Early Education Workforce Grant Program Act - Requires a state receiving certain funds to expend them for the federal share of the cost of providing access to affordable health benefits coverage for eligible child care providers and, at state discretion, their spouses, domestic partners, and dependents.
Child Care Facilities Financing Act - Authorizes the Secretary to make competitive technical and financial assistance grants to Department of the Treasury-certified community development financial institutions and other specified organizations for the acquisition, construction, or renovation of child care facilities.
Directs the Secretary to establish a program to award competitive grants to assist states in providing incentive funds to encourage the establishment and operation of employer-operated child care programs.
Universal Prekindergarten Act - Directs the Secretary to make grants to state agencies to develop high-quality full-day, full-year universal prekindergarten programs for all children three, four, and five years old.
Amends the Child Nutrition Act of 1966 to require the school breakfast program to provide free breakfasts to school children without regard to family income.
Afterschool Education Enhancement Act - Amends the Elementary and Secondary Education Act of 1965 with respect to requirements for state applications for 21st century community learning center grants. Repeals the restriction in such applications to students attending schools: (1) eligible for certain schoolwide programs; (2) serving a high percentage of students from low-income families; or (3) in need of academic improvement.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require that certain employees working at less than full-time under participation, vesting, and accrual rules governing pension plans be treated as meeting full-time year-of-service criteria. Qualifies such workers for group health plans. Extends ERISA coverage to certain individuals whose services are leased or contracted for.
United States Business Telework Act - Directs the Secretary of Labor to conduct a pilot program in up to five states to raise awareness about telework among employers and to encourage them to offer telework options to employees.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2346
To improve the lives of working families by providing family and
medical need assistance, child care assistance, in-school and after
school assistance, family care assistance, and encouraging the
establishment of family-friendly workplaces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2011
Ms. Woolsey (for herself, Mr. Stark, Mrs. Maloney, Ms. DeLauro, Mr.
George Miller of California, Ms. Schakowsky, Mr. Davis of Illinois, Ms.
Lee of California, Mr. Conyers, Ms. Waters, Mr. Olver, Ms. Hirono, Mr.
Hastings of Florida, Mr. Brady of Pennsylvania, Mr. Filner, Ms. Moore,
Mr. Payne, Mr. Jackson of Illinois, Mr. Rush, Mr. McDermott, Ms. Chu,
Mr. Ellison, Mr. Hinchey, Mr. Grijalva, Ms. Brown of Florida, Mr.
Honda, Ms. Norton, Ms. Fudge, and Mr. Serrano) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committees on Oversight and
Government Reform, House Administration, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve the lives of working families by providing family and
medical need assistance, child care assistance, in-school and after
school assistance, family care assistance, and encouraging the
establishment of family-friendly workplaces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Balancing Act of
2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE
ENHANCEMENT ACT
Subtitle A--Paid Leave for New Parents
Sec. 101. Short title.
Sec. 102. General definitions.
Part 1--Family and Medical Leave Insurance Program
Sec. 111. Program definitions.
Sec. 112. Establishment of program.
Sec. 113. Program benefits.
Sec. 114. Voluntary employer plan.
Sec. 115. Additional benefits.
Sec. 116. Prohibited acts by employer.
Sec. 117. Enforcement.
Sec. 118. Penalties.
Sec. 119. Education programs.
Sec. 120. Regulations.
Sec. 121. Effective date.
Part 2--Civil Service Family and Medical Leave Insurance Program
Sec. 131. Program definitions.
Sec. 132. Establishment of program.
Part 3--Family and Medical Leave Insurance Fund
Sec. 141. Establishment.
Sec. 142. Board of Trustees.
Sec. 143. Investment of the Family and Medical Leave Insurance Fund.
Sec. 144. Payments from Family and Medical Leave Insurance Fund.
Sec. 145. Administrative expenses.
Sec. 146. Amendments to the Internal Revenue Code of 1986.
Subtitle B--Family and Medical Leave Enhancement Act
Sec. 151. Short title.
Sec. 152. Eligible employee.
Sec. 153. Entitlement to additional leave under the FMLA for parental
involvement and family wellness.
Sec. 154. Entitlement of Federal employees to leave for parental
involvement and family wellness.
Subtitle C--Domestic Violence Leave Act
Sec. 161. Short title.
Sec. 162. Entitlement to leave for domestic violence, sexual assault,
or stalking.
Sec. 163. Inclusion of same-sex spouses and domestic partners.
Sec. 164. Entitlement to leave for Federal employees for domestic
violence, sexual assault, or stalking.
Sec. 165. Inclusion of same-sex spouses and domestic partners for leave
for Federal employees.
Subtitle D--Healthy Families Act
Sec. 171. Short title.
Sec. 172. Purposes.
Sec. 173. Definitions.
Sec. 174. Provision of paid sick time.
Sec. 175. Posting requirement.
Sec. 176. Prohibited acts.
Sec. 177. Enforcement authority.
Sec. 178. Collection of data on paid sick time and further study.
Sec. 179. Effect on other laws.
Sec. 180. Effect on existing employment benefits.
Sec. 181. Encouragement of more generous leave policies.
Sec. 182. Regulations.
Sec. 183. Effective dates.
TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT
Subtitle A--Care for Young Children
Sec. 201. Expanding child care for young children.
Subtitle B--Improving Child Care Quality Through Teacher Incentives
Sec. 211. Purpose.
Sec. 212. Definitions.
Sec. 213. Funds for child care provider development and retention
grants, scholarships, and health benefits
coverage.
Sec. 214. Allotments to States.
Sec. 215. Application and plan.
Sec. 216. Child Care Provider Development and Retention Grant Program.
Sec. 217. Child Care Provider Scholarship Program.
Sec. 218. Child care provider health benefits coverage.
Sec. 219. Annual report.
Sec. 220. Evaluation of health benefits programs by Secretary.
Sec. 221. Authorization of appropriations.
Subtitle C--Child Care Facilities Financing
Sec. 231. Short title.
Sec. 232. Technical and financial assistance grants.
Sec. 233. Definitions.
Sec. 234. Authorization of appropriations.
Subtitle D--Business Child Care Incentive Grant Program
Sec. 241. Business child care incentive grant program.
TITLE III--PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL ASSISTANCE
Subtitle A--Universal Prekindergarten Act
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Prekindergarten grant program authorization.
Sec. 304. State requirements.
Sec. 305. Local requirements.
Sec. 306. Professional development set-aside.
Sec. 307. Reporting.
Sec. 308. Federal funds supplementary.
Sec. 309. Definitions.
Sec. 310. Authorization of appropriations.
Subtitle B--Universal Free School Breakfast Program
Sec. 311. Universal free school breakfast program.
Subtitle C--Afterschool Education Enhancement Act
Sec. 341. Short title.
Sec. 342. Amendments regarding 21st Century community learning centers.
TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES
Subtitle A--Part-Time and Temporary Workers Benefits
Sec. 401. Treatment of employees working at less than full-time under
participation, vesting, and accrual rules
governing pension plans.
Sec. 402. Treatment of employees working at less than full-time under
group health plans.
Sec. 403. Expansion of definition of employee to include certain
individuals whose services are leased or
contracted for.
Sec. 404. Effective dates.
Subtitle B--United States Business Telework Act
Sec. 411. Short title.
Sec. 412. Telework pilot program.
Sec. 413. Report to Congress.
Sec. 414. Definition.
Sec. 415. Termination.
Sec. 416. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Currently 58 percent of married families with children
in the United States, both parents work full-time. Seventy-one
percent of mothers with children under age 18 work full-time.
(2) The National Study of the Changing Workforce found that
75 percent of employed parents indicated that they don't have
enough time with their children.
(3)(A) A survey conducted by the Boys and Girls Clubs of
America found that more than half of the respondents indicated
that they had little or no time to spend in physical activities
with their children.
(B) Parents in 3,500,000 households, representing 7,000,000
children, spend an hour or less a week doing physical
activities with their children.
(C) The primary obstacle cited by the parents to engaging
in physical activities with their children was their work
schedules.
(4) According to the National Partnership for Women and
Families, 78 percent of workers who need leave do not take it
because they cannot afford it.
(5) Nearly every industrialized nation other than the
United States, and most developing nations, provides parents
with paid leave for infant care.
(6) In the United States, more than half of all mothers of
children under the age of one work. Yet parents of infants and
toddlers face acute problems finding child care, and child care
that is available is often of mediocre quality.
(7) Since 2000, the cost of child care has increased twice
as fast as the median income of families with children.
According to the National Association of Child Care Resource &
Referral Agencies, the average annual cost of child care ranges
from $4,560 in Mississippi to $18,773 in Massachusetts. In
addition, the annual cost of child care for a 4-year old is
more than the annual in State tuition at a public four-year
college in 36 States and the District of Columbia.
(8) The average annual child care teacher salary is
$20,940, a wage so low that many programs find it extremely
challenging to recruit fully qualified teachers and to retain
them. High turnover rates make it more difficult to provide
quality and continuity of care.
(9) Only 17 percent of eligible families received child
care assistance through the Child Care Development Block Grant,
the Social Services Block Grant, and the Temporary Assistance
for Needy Families program in 2006. In addition, approximately
40 percent of eligible preschoolers are able to participate in
the Head Start program.
(10) Among needy students, school nutrition programs often
provide the primary opportunity for consumption of
nutritionally valuable foods.
(11) Breakfast is a critical meal for children and provides
the nutrition necessary to optimize their learning capacities.
(12) According to a recent nationwide report by the
Afterschool Alliance, approximately 15,000,000 children in the
United States are left alone after school each week without
adult supervision.
(13) Violent juvenile crime peaks between the hours of 3:00
p.m. and 7:00 p.m. and teens are more likely to be victims of
serious violent crime in the hour after school lets out than
any other time of the day.
(14) The Nation's communities can benefit from teleworking,
which give workers more time to spend at home with their
families.
(15) Companies with telework programs have found that
telework can boost employee productivity 5 percent to 20
percent, thereby saving businesses valuable resources and time.
TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE
ENHANCEMENT ACT
Subtitle A--Paid Leave for New Parents
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Family Leave Insurance Act''.
SEC. 102. GENERAL DEFINITIONS.
(a) In General.--The definitions provided by section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611), other than the
definitions of the terms ``son or daughter'', shall apply for purposes
of this subtitle.
(b) Additional Definitions.--In this subtitle, the following
additional definitions shall apply:
(1) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees of the Insurance Fund.
(2) Covered agency.--The term ``covered agency'', when used
with respect to a State, means the State agency referred to in
paragraph (1) of section 112(b), or the Commissioner of Social
Security if the Commissioner is carrying out the State Family
and Medical Insurance Program in the State under paragraph (2)
of such section.
(3) Domestic partner.--The term ``domestic partner''
means--
(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides;
(B) a same-sex spouse as determined under the
applicable law of the State or political subdivision of
a State where the employee resides; or
(C) in the case of an unmarried employee who lives
in a State where a person cannot marry a person of the
same sex under the laws of the State, a single,
unmarried adult person of the same sex as the employee
who is in a committed, intimate relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.
(4) Insurance fund.--The term ``Insurance Fund'' means the
Family and Medical Leave Insurance Fund established under
section 141.
(5) Managing trustee.--The term ``Managing Trustee'' means
the Managing Trustee of the Board of Trustees of the Insurance
Fund.
(6) Son or daughter.--The term ``son or daughter'' means a
biological, adopted, or foster child, a stepchild, a legal
ward, a child of a person's domestic partner, or a child of a
person standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-
care because of a mental or physical disability.
PART 1--FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
SEC. 111. PROGRAM DEFINITIONS.
In this part:
(1) Eligible employee.--The term ``eligible employee''
means any of the following:
(A) An employee who--
(i) earned wages with a covered employer
for a minimum of 6 months prior to filing an
application for leave benefits under this part;
and
(ii) has been employed by the employer with
respect to whom paid leave is requested for at
least 625 hours of service during the previous
6 months.
(B) An employee--
(i) of a small employer that has elected to
participate in the Program under this part in
accordance with such regulations as the
Secretary shall prescribe; and
(ii) who meets the requirements of
subparagraph (A), but is not an employee of the
Federal Government.
(C) A self-employed individual who has--
(i) elected to participate in the Program
under this part in accordance with such
regulations as the Secretary shall prescribe;
(ii) self-employment income while a covered
employer for 6 of the last 12 months prior to
filing an application for leave benefits under
this part; and
(iii) paid premiums under section 1401(c)
of the Internal Revenue Code of 1986 with
respect to such self-employment income.
(2) Employer-related definitions.--
(A) Covered employer.--The term ``covered
employer'' means a person--
(i) that is--
(I) an employer;
(II) a small employer that has
elected to participate in the Program
under this part in accordance with such
regulations as the Secretary shall
prescribe; or
(III) a self-employed individual
who has elected to so participate; and
(ii) that is not a voluntary plan employer.
(B) Employer.--The term ``employer'' shall have the
meaning given that term in section 101(4) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611(4)),
except that such term shall include any person who
employs 2 or more employees for each working day during
each of 20 or more calendar workweeks in the current or
preceding calendar year.
(C) Small employer.--The term ``small employer''--
(i) means any person engaged in commerce or
in any industry or activity affecting commerce
who employs not less than 2 and not more than
19 employees for each working day during each
of 20 or more calendar workweeks in the current
or preceding calendar year; and
(ii) includes--
(I) any person who acts, directly
or indirectly, in the interest of an
employer described in clause (i) to any
of the employees of such employer;
(II) any successor in interest of
an employer described in clause (i);
and
(III) any public agency, as defined
in section 3(x) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(x)) that is an employer described
in clause (i) but is not an entity of
the Federal Government.
(D) Voluntary plan employer.--The term ``voluntary
plan employer'' means an employer for which the
Secretary has approved a voluntary plan under section
114 for the period involved.
(3) Leave benefit.--The term ``leave benefit'' means a
family and medical leave insurance benefit described in section
113.
(4) Voluntary paid benefit.--The term ``voluntary paid
benefit'' means a family and medical leave insurance benefit
provided under a voluntary plan approved under section 114 for
the period involved.
SEC. 112. ESTABLISHMENT OF PROGRAM.
(a) Federal Program.--The Secretary of Labor shall establish a
Family and Medical Insurance Program.
(b) State Programs.--In carrying out the Federal Program
established under subsection (a), the Secretary may--
(1) enter into a contract with a State under which--
(A) the State agrees to establish, or expand a
State program in effect at the date of the enactment of
this Act to include, a State Family and Medical
Insurance Program that provides the benefits described
in this part; and
(B) the Secretary agrees to instruct the Managing
Trustee of the Family and Medical Leave Insurance Fund,
established under section 141, to provide the State
funds for such benefits from the Insurance Fund; or
(2) at the request of the Governor of a State, enter into
an interagency agreement with the Commissioner of Social
Security under which--
(A) the Commissioner of Social Security agrees to
establish a State Family and Medical Insurance Program
in such State to provide the benefits described in this
part in such State; and
(B) the Secretary agrees to instruct the Managing
Trustee of the Insurance Fund to provide the
Commissioner of Social Security funds for such benefits
from the Insurance Fund.
(c) State Application.--To be eligible to receive a contract under
subsection (b)(1), a State shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require. At a minimum, the application shall include
information identifying the State agency to carry out the State Family
and Medical Insurance Program under subsection (b)(1).
SEC. 113. PROGRAM BENEFITS.
(a) Entitlement.--Subject to subsections (b), (d), and (e), an
eligible employee of a covered employer shall be entitled to a family
and medical leave insurance benefit for a total of 12 workweeks of
leave during any 12-month period for 1 or more of the following
reasons:
(1) Because of the birth of a son or daughter of the
employee and in order to care for such son or daughter.
(2) Because of the placement of a son or daughter with the
employee for adoption or foster care.
(3) In order to care for a child, parent, spouse, domestic
partner, grandchild, grandparent, or sibling of the employee
and who has a serious health condition.
(4) Because of a serious health condition that makes the
employee unable to perform the functions of the position of
such employee.
(5) Because of any qualifying exigency (as the Secretary of
Labor shall, by regulation, determine) arising out of the fact
that the spouse, or a son, daughter, or parent of the employee
is on active duty (or has been notified of an impending call or
order to active duty) in the Armed Forces of the United States
in support of a contingency operation.
(6) In order to care for a child, parent, spouse, domestic
partner, grandchild, grandparent, sibling, or next of kin of
the employee who is a covered servicemember as such term is
defined in section 101(16) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611(16)).
(b) Waiting Period.--During each 12-month period described in
subsection (a), each eligible employee shall be subject to a waiting
period of 5 workdays of leave described in subsection (a) (but not more
than 7 calendar days), during which a leave benefit shall not be paid
to the employee. The waiting period shall not reduce the 12 workweeks
of leave benefits available under subsection (a).
(c) Benefit Amount.--
(1) In general.--Subject to paragraph (2), an eligible
employee's leave benefit for any workday on which the employee
takes leave as described in subsection (a) shall be calculated
as--
(A) in the case of an employee with an annual
income of not more than $20,000, an amount equal to 100
percent of that employee's daily earnings;
(B) in the case of an employee with an annual
income of more than $20,000 and not more than $30,000,
an amount equal to the greater of--
(i) 75 percent of that employee's daily
earnings; or
(ii) 100 percent of the daily earnings of
an employee with an annual income of $20,000;
(C) in the case of an employee with an annual
income of more than $30,000 and not more than $60,000,
an amount equal to the greater of--
(i) 55 percent of that employee's daily
earnings; or
(ii) 75 percent of the daily earnings of an
employee with an annual income of $30,000;
(D) in the case of an employee with an annual
income of more than $60,000 and not more than $97,000,
an amount equal to the greater of--
(i) 40 percent of that employee's daily
earnings; or
(ii) 55 percent of the daily earnings of an
employee with an annual income of $60,000; and
(E) in the case of an employee with an annual
income of more than $97,000, an amount equal to 40
percent of the daily earnings of an employee with an
annual income of $97,000.
(2) Indexing of annual income categories.--
(A) In general.--The Secretary shall index the
annual income amounts specified in paragraph (1) for
each calendar year, using the national average wage
index, as determined under section 209(k) of the Social
Security Act (42 U.S.C. 409(k)).
(B) Publication.--Not later than the November 1
preceding each calendar year, the Secretary shall
publish in the Federal Register the indexed amount
determined under subparagraph (A) for that calendar
year.
(d) Application.--
(1) In general.--To be eligible to receive a family and
medical insurance benefit under this part in a State, an
eligible employee shall submit an application to the covered
agency for the State at such time, in such manner, and
containing the information specified in paragraph (3) and such
additional information as the agency may require.
(2) Irrevocability for self-employed individuals.--An
election by a self-employed individual to participate in the
Program shall be irrevocable.
(3) Certification requirements.--The covered agency shall
require each of the following, as part of the application for
benefits under this section in connection with any leave:
(A) A certification, submitted in a timely manner,
issued by the health care provider of the eligible
employee or of the child, spouse, parent, domestic
partner, grandchild, grandparent or sibling of the
employee, as appropriate, and similar to the
certification described section 103(b) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2613(b)) in
connection with such leave.
(B) In any case in which the covered agency has
reason to doubt the validity of the certification
provided under subparagraph (A), the Secretary may
require, at the expense of the covered agency, that the
eligible employee obtain the opinion of a second health
care provider designated or approved by the agency
concerning any information certified under subparagraph
(A).
(C) In any case in which the second opinion
described in subparagraph (B) differs from the opinion
in the original certification provided under
subparagraph (A), the covered agency may require, at
the expense of the agency, that the employee obtain the
opinion of a third health care provider designated or
approved jointly by the agency and the employee
concerning the information certified under subparagraph
(A). The opinion of the third health care provider
concerning such information shall be considered to be
final and shall be binding on the agency and the
employee.
(e) Payment of Benefits.--
(1) Payment from insurance fund.--Payments of benefits
required to be made under this section shall be made only from
the Insurance Fund established under section 141.
(2) Certification and payment.--On the final decision of a
covered agency or on the final judgment of any court of
competent jurisdiction pursuant to paragraph (3) that any
person is entitled to any payment under this section--
(A) the covered agency shall certify to the
Managing Trustee of the Board of Trustees of the
Insurance Fund the name and address of the person
entitled to receive such payment, the amount of such
payment, and the time at which such payment shall be
made;
(B) the Managing Trustee shall pay the certified
amount from the Insurance Fund to the covered agency;
and
(C) the covered agency shall make the payment to
the person.
(3) Review.--Any eligible employee dissatisfied with any
initial determination under this section shall be entitled to
reconsideration of the determination, and a hearing on the
determination, by the Secretary to the same extent as is
provided in section 205(b) of the Social Security Act (42
U.S.C. 22 405(b)) and to judicial review of the final decision
after such hearing as is provided in section 205(g) of the
Social Security Act (42 U.S.C. 405(g)).
(4) Withholding of certification.--In any case in which a
review of the covered agency's decision is or may be sought
under paragraph (3), the covered agency may withhold
certification of payment pending such review.
(5) Other compensation.--Except as provided in section 115,
no employee shall be eligible to receive paid leave benefits
under this part for any period during which--
(A) the employee is receiving worker's compensation
or compensation through unemployment insurance in
connection with the event for which the employee is
taking the leave; or
(B) the employee is receiving paid leave benefits
from an employer under a voluntary employer plan
approved under section 114.
(f) Regulations.--The Secretary shall issue regulations to carry
out this section, including the determination of benefits for leave
taken intermittently or on a reduced leave schedule, or for leave taken
by a part-time, seasonal, or intermittent employee.
SEC. 114. VOLUNTARY EMPLOYER PLAN.
(a) In General.--Any employer may submit an application to the
Secretary for approval of a voluntary plan. The Secretary may require
the employer to resubmit the plan for approval on a annual basis.
During a period for which the Secretary has approved a plan, the
applicant shall provide a voluntary paid benefit under the plan rather
than participating in the Program.
(b) Approval.--The Secretary shall approve the voluntary plan of
the applicant if the Secretary finds each of the following with respect
to the applicant:
(1) The rights afforded to the employees covered under the
plan are equal to or greater than the rights afforded through
the Program.
(2) The plan has been made available to all of the
employees of the applicant employed in the United States or to
all employees at any 1 distinct, separate establishment
maintained by the applicant in the United States.
(3) A majority of the employees of the employer employed in
the United States or a majority of the employees employed at
any one distinct, separate establishment maintained by the
employer in the United States have consented to the plan.
(4) The plan provides for insurance to be issued by an
admitted disability insurer approved by the Secretary or
equivalent insurance (which may be self-insurance).
(5) The applicant has consented to the plan and has agreed
to make the premium contributions required, if any, and
transmit the proceeds to the disability insurer, if any.
(6) The plan provides for the inclusion of future
employees.
(7)(A) The plan will be in effect for a period of not less
than 1 year and, thereafter, continuously unless the Secretary
finds that the applicant has given notice of intent to
terminate the plan, as described in subparagraph (B), and that
the fee described in subparagraph (C) has been paid.
(B) The notice shall be filed in writing with the Secretary
and shall be effective--
(i) on the anniversary of the effective date of the
plan next following the date of the filing of the
notice; or
(ii) if such anniversary would occur less than 30
days after the date of the filing of the notice, on the
next anniversary of that effective date.
(C) The applicant shall pay a fee to the Secretary in such
amount as the Secretary determines to be adequate to provide
leave benefits under this part to all eligible employees of the
applicant for a period of at least 4 months, plus an amount to
pay administrative costs related to processing and paying such
benefits.
(D) Amounts received by the Secretary under this paragraph
shall be deposited in the Insurance Fund.
(8) The amount of deductions from the wages of an employee
that is in effect for the plan shall not be increased on any
date other than on the date of an anniversary of the effective
date of the plan.
(c) Orders and Withdrawal of Approval.--If the Secretary finds that
a voluntary plan employer is not paying voluntary paid benefits
required under the voluntary plan to the employees under the plan, the
Secretary may order the employer to make the payments. If the Secretary
finds that a voluntary plan employer is not complying with the
provisions of the plan, including by not paying voluntary paid benefits
required under the plan, the Secretary may revoke the Secretary's
approval for the plan, and require the employer to participate in the
Program.
SEC. 115. ADDITIONAL BENEFITS.
(a) Additional Employer Benefits.--
(1) Covered employers.--Nothing in this part shall be
construed to discourage a covered employer from providing an
additional benefit in conjunction with leave described in
section 113(a) to an eligible employee, in addition to the
leave benefit provided to that employee. The additional
employer benefit shall not reduce the amount of the leave
benefit that an eligible employee receives under this part.
(2) Voluntary plan employers.--Nothing in this part shall
be construed to discourage a voluntary plan employer from
providing an additional benefit in conjunction with leave
described in section 113(a) to an employee, in addition to the
voluntary paid benefit provided to that employee. The
additional employer benefit shall not reduce the amount of the
voluntary paid benefit that an employee receives under a
voluntary plan described in section 114.
(b) Collective Bargaining.--
(1) More protective.--Nothing in this part shall be
construed to diminish the obligation of a covered employer or
voluntary plan employer to comply with any collective
bargaining agreement or any employment benefit program or plan
that provides greater paid leave rights to employees than the
rights established under this part (including rights
established under a plan described in section 114).
(2) Less protective.--The rights established for employees
under this part (including rights established under a plan
described in section 114) shall not be diminished by any
collective bargaining agreement or any employment benefit
program or plan.
SEC. 116. PROHIBITED ACTS BY EMPLOYER.
(a) Interference With Rights.--It shall be unlawful for any covered
employer to interfere with, restrain, or deny the exercise of or the
attempt to exercise, any right provided under this part.
(b) Discrimination.--It shall be unlawful for any covered employer
to discharge or in any other manner discriminate against any individual
for opposing any practice made unlawful by this part.
(c) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this part;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this part; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this part.
SEC. 117. ENFORCEMENT.
(a) Civil Action by Employees.--
(1) Liability.--Any covered employer who violates section
116 shall be liable to any eligible employee affected--
(A) for damages equal to--
(i) the amount of--
(I) any wages, salary, employment
benefits, or other compensation denied
or lost to such employee by reason of
the violation; or
(II) in a case in which wages,
salary, employment benefits, or other
compensation have not been denied or
lost to the employee, any actual
monetary losses sustained by the
employee as a direct result of the
violation, such as the cost of
providing care, up to a sum equal to 8
weeks of wages or salary for the
employee;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii), except that if a
covered employer who has violated section 116
proves to the satisfaction of the court that
the act or omission which violated section 116
was in good faith and that the employer had
reasonable grounds for believing that the act
or omission was not a violation of section 116,
such court may, in the discretion of the court,
reduce the amount of the liability to the
amount and interest determined under clauses
(i) and (ii), respectively; and
(B) for such equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(2) Right of action.--
(A) In general.--Except as provided in subparagraph
(B), an action to recover the damages or equitable
relief prescribed in paragraph (1) may be maintained
against any covered employer (including a public
agency) in any Federal or State court of competent
jurisdiction by any 1 or more employees for and on
behalf of--
(i) the employees; or
(ii) the employees and other employees
similarly situated.
(B) Limitation.--The right provided by subparagraph
(A) to bring an action by or on behalf of any employee
shall terminate--
(i) on the filing of a complaint by the
Secretary in an action under subsection (b)(3)
in which restraint is sought of any further
delay in the payment of the amount described in
paragraph (1)(A) to such employee by an
employer responsible under paragraph (1) for
the payment; or
(ii) on the filing of a complaint by the
Secretary in an action under paragraph (1) or
(2) of subsection (b) in which a recovery is
sought of the damages described in paragraph
(1)(A) owing to an eligible employee by an
employer liable under paragraph (1),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary.
(3) Fees and costs.--The court in an action brought under
this subsection shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorneys' fee, reasonable
expert witness fees, and other costs of the action to be paid
by the defendant.
(b) Actions by the Secretary.--
(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 116 in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of violations
of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 and 207).
(2) Civil action.--
(A) Right of action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in subsection (a)(1)(A).
(B) Sums recovered.--Any sums recovered by the
Secretary pursuant to this paragraph shall be held in a
special deposit account and shall be paid, on order of
the Secretary, directly to each employee affected. Any
such sums not paid to an employee because of inability
to do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(3) Action for injunction by the secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 116,
including the restraint of any withholding of payment
of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to eligible employees; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(4) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
this subsection.
(c) Limitation.--
(1) Except as provided in paragraph (2), an action may be
brought under subsections (a) or (b) not later than 2 years
after the date of the last event constituting the alleged
violation for which the action is brought.
(2) Willful violation.--In the case of such action brought
for a willful violation of section 116, such action may be
brought within 3 years of the date of the last event
constituting the alleged violation for which such action is
brought.
(3) Commencement.--In determining when an action is
commenced by the Secretary for the purposes of this subsection,
it shall be considered to be commenced on the date when the
complaint is filed.
(d) Investigative Authority.--
(1) In general.--To ensure compliance with the provisions
of this part, or any regulation or order issued under this
part, the Secretary shall have, subject to paragraph (3), the
investigative authority provided under section 11(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).
(2) Obligation to keep and preserve records.--Any covered
employer shall make, keep, and preserve records pertaining to
compliance with this part in accordance with section 11(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in
accordance with regulations issued by the Secretary. The
Secretary shall have access to the records for purposes of
conducting audits.
(3) Required submissions generally limited to an annual
basis.--The Secretary shall not under the authority of this
subsection require any covered employer or any plan, fund, or
program to submit to the Secretary any books or records more
than once during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation of this
part or any regulation or order issued pursuant to this part,
or is investigating a charge pursuant to subsection (b).
(4) Subpoena power.--For the purposes of any investigation
provided for in this section, the Secretary shall have the
subpoena authority provided for under section 9 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 209).
SEC. 118. PENALTIES.
(a) Penalties for Submission of False Certifications.--If the
Secretary finds that any individual submits a false certification of
the health condition of any person in order to obtain leave benefits
under this part with the intent to defraud, the Secretary shall assess
a penalty against the individual in an amount up to 100 percent of the
benefits paid as a result of the false certification. Penalties
collected under this subsection shall be deposited in the Insurance
Fund, notwithstanding the provisions of title 31, United States Code
and used to reimburse the covered employers involved for the amount of
the leave benefits.
(b) Criminal Penalties for False Statements and Solicitations.--
Whoever--
(1) makes or causes to be made any false statement in
support of an application for leave benefits under this part;
(2) knowingly presents or causes to be presented any false
written or oral material statement in support of any claim for
leave benefits under this part;
(3) knowingly solicits, receives, offers, pays, or accepts
any rebate, refund, commission, preference, patronage,
dividend, discount, or other consideration, whether in the form
of money or otherwise, as compensation or inducement for
soliciting a claimant to apply for leave benefits under this
part, except to the extent authorized by a law of the United
States; or
(4) knowingly assists, abets, solicits, or conspires with
any person to engage in an act that is prohibited under
paragraph (1), (2), or (3),
shall be guilty of a felony and upon conviction shall be fined under
title 18, United States Code, or imprisoned for not more than 5 years,
or both.
SEC. 119. EDUCATION PROGRAMS.
(a) Authority.--The Secretary shall develop and maintain a program
of education concerning the rights and leave benefits under this part.
(b) Notice to Employers.--The Secretary shall provide to each
covered employer a notice informing employees of the rights and leave
benefits available under this part. The notice shall be given by every
covered employer to each employee hired, and to each employee taking
leave as described in section 113(a).
SEC. 120. REGULATIONS.
The Secretary shall issue regulations to carry out this part.
SEC. 121. EFFECTIVE DATE.
This part shall take effect on January 1, 2012, and apply to
periods of leave that commence on or after January 1, 2013.
PART 2--CIVIL SERVICE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
SEC. 131. PROGRAM DEFINITIONS.
In this part:
(1) Agency.--The term ``agency'' means an agency covered
under subchapter V of chapter 63 of title 5, United States
Code.
(2) Agency employee.--The term ``agency employee'' means an
employee who--
(A) meets the requirements of paragraph (1) of
section 6381 of title 5, United States Code; and
(B) has earned wages with an agency for 12 of the
last 18 months, prior to filing an application for
leave benefits under this part.
SEC. 132. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Director of the Office of Personnel Management
shall establish a Civil Service Family and Medical Leave Insurance
Program, and shall issue regulations providing for the implementation
of the program. In issuing the regulations, the Director shall require
that the Director shall provide, or that the agencies shall provide,
family and medical leave insurance benefits described in section 113 to
agency employees. The regulations issued under this subsection shall
include provisions that are the same as regulations issued by the
Secretary to implement the statutory provisions of sections 113, 115,
119, and 120, except insofar as the Director may determine, for good
cause shown and stated together with the regulations, that a
modification of the regulations would be more effective for the
implementation of the rights and protections under those sections. The
regulations shall provide for appropriate remedies and procedures for
violations of this part.
(b) Payment.--At the direction of the Director or the head of an
agency, as specified in the regulations, the Managing Trustee shall pay
funds from the Insurance Fund for the leave benefits.
PART 3--FAMILY AND MEDICAL LEAVE INSURANCE FUND
SEC. 141. ESTABLISHMENT.
(a) In General.--There is created in the Treasury of the United
States a trust fund to be known as the Family and Medical Leave
Insurance Fund. The Insurance Fund shall consist of such amounts as may
be deposited in, or appropriated to, such fund as provided in this
section.
(b) Appropriations to Insurance Fund.--
(1) Amounts appropriated.--There is appropriated to the
Insurance Fund for fiscal year 2012 and each fiscal year
thereafter, out of any moneys in the Treasury not otherwise
appropriated, amounts equivalent to 100 percent of--
(A) the family and medical leave premiums imposed
by sections 3101(c) and 3111(c) of the Internal Revenue
Code of 1986 with respect to wages (as defined in
section 3121 of such Code) reported to the Secretary of
the Treasury or the Secretary's delegate under subtitle
F of such Code after December 31, 2010, as determined
by the Secretary of the Treasury by applying the
applicable rates of premium payment under such sections
to such wages, which wages shall be certified by the
Commissioner of Social Security;
(B) on the basis of the records of wages
established and maintained by the Commissioner of the
Social Security Administration in accordance with such
reports;
(C) the family and medical leave premiums imposed
by section 1401(c) of such Code with respect to self-
employment income (as defined in section 1402 of such
Code) reported to the Secretary of the Treasury or the
Secretary's delegate on tax returns under subtitle F of
such Code after December 31, 2009, as determined by the
Secretary of the Treasury by applying the applicable
rate of premium payment under such section 1401(c) to
such self-employment income, which self-employment
income shall be certified by the Commissioner of Social
Security; and
(D) on the basis of the records of self-employment
income established and maintained by the Commissioner
of Social Security in accordance with such returns.
(2) Transfers.--Such appropriated amounts shall be
transferred from time to time from the general fund of the
Treasury to the Insurance Fund. Such amounts shall be
determined on the basis of estimates by the Secretary of the
Treasury of the premiums, specified in paragraph (1), paid to
or deposited into the Treasury, and proper adjustments shall be
made in amounts subsequently transferred to the extent prior
estimates were in excess of or were less than such premiums.
(3) Investments.--All amounts transferred to the Insurance
Fund under paragraph (2) shall be invested by the Managing
Trustee referred to in section 312(c) in the same manner and to
the same extent as the other assets of the Insurance Fund.
SEC. 142. BOARD OF TRUSTEES.
(a) Establishment and Membership.--With respect to the Insurance
Fund, there is established a body to be known as the Board of Trustees
of the Insurance Fund which shall be composed of the Secretary of the
Treasury, the Secretary of Labor, the Commissioner of Social Security,
and the Secretary of Health and Human Services, all ex officio, and of
two members of the public (both of whom may not be from the same
political party), who shall be nominated by the President, by and with
the advice and consent of the Senate.
(b) Terms and Vacancies.--Members of the Board of Trustees shall
serve for a period of 4 years. A member of the Board of Trustees
nominated and confirmed as a member of the public to fill a vacancy
occurring during a term shall be nominated and confirmed only for the
remainder of such term. An individual nominated and confirmed as a
member of the public may serve in such position after the expiration of
such member's term until the earlier of the date on which the member's
successor takes office or the date on which a report of the Board is
first issued under paragraph (2) after the expiration of the member's
term.
(c) Managing Trustee and Secretary.--The Secretary of the Treasury
shall be the Managing Trustee of the Board of Trustees. The Secretary
of Labor shall serve as the Secretary of the Board of Trustees.
(d) Basic Duties of the Board of Trustees.--The Board of Trustees
shall meet not less frequently than once each calendar year. It shall
be the duty of the Board of Trustees to--
(1) hold the Insurance Fund;
(2) report to Congress not later than April 1 of each
year--
(A) on the operation and status of the Insurance
Fund during the fiscal year preceding the fiscal year
in which the report is made; and
(B) on the expected operation and status of the
Insurance Fund during the fiscal year in which the
report is made and the next 2 fiscal years;
(3) report immediately to Congress whenever the Board is of
the opinion that the amount in the Insurance Fund is unduly
small; and
(4) review the general policies followed in managing the
Insurance Fund, and recommend changes in such policies,
including necessary changes in the provisions of law that
govern the way in which the Insurance Fund is to be managed.
(e) Requirements Relating to Annual Report.--The report provided
for in subsection (d)(2) shall include a statement of the assets of,
and the disbursements made from, the Insurance Fund during the fiscal
year preceding the fiscal year in which the report is made, an estimate
of the expected income to, and disbursements to be made from, the
Insurance Fund during the fiscal year in which the report is made and
each of the next two fiscal years, and a statement of the actuarial
status of the Insurance Fund. Such report shall also include an
actuarial opinion by an appropriate employee of the Department of Labor
certifying that the techniques and methodologies used for the report
are generally accepted within the actuarial profession and that the
assumptions and cost estimates used for the report are reasonable.
(f) Liability.--A person serving as a member of the Board of
Trustees shall not be considered to be a fiduciary and shall not be
personally liable for actions taken in such capacity with respect to
the Insurance Fund.
SEC. 143. INVESTMENT OF THE FAMILY AND MEDICAL LEAVE INSURANCE FUND.
(a) Obligations.--It shall be the duty of the Managing Trustee to
invest such portion of the Insurance Fund as is not, in the trustee's
judgment, required to meet current withdrawals. Such investments may be
made only in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States.
(b) Acquisition.--The obligations referred to in subsection (a) may
be acquired--
(1) on original issue at the issue price; or
(2) by purchase of outstanding obligations at the market
price.
(c) Obligations Issued for Purchase by Fund.--The purposes for
which obligations of the United States may be issued under chapter 31
of title 31, United States Code, are extended to authorize the issuance
at par of public debt obligations for purchase by the Insurance Fund.
Such obligations issued for purchase by the Insurance Fund shall have
dates of maturity fixed with due regard for the needs of the Insurance
Fund. Such obligations shall bear interest at a rate equal to--
(1) except as provided in paragraph (2), the average market
yield (computed by the Managing Trustee on the basis of market
quotations as of the end of the calendar month preceding the
date of such issue) on all marketable interest-bearing
obligations of the United States forming a part of the public
debt that are not due or callable until after the expiration of
four years from the end of such calendar month; or
(2) in a case in which such average market yield is not a
multiple of 0.1 percent, the multiple of 0.1 percent nearest
such market yield.
(d) Other Obligations.--The Managing Trustee may purchase interest-
bearing obligations of the United States that are not described in
subsection (c) or obligations guaranteed as to both principal and
interest by the United States, on original issue or at the market
price, only in cases in which the trustee determines that the purchase
of obligations described in this paragraph is in the public interest.
(e) Disposition and Redemption of Obligations.--Any obligations
acquired by the Insurance Fund (except public debt obligations issued
exclusively to the Insurance Fund) may be sold by the Managing Trustee
at the market price, and such public debt obligations may be redeemed
at par plus accrued interest.
(f) Crediting of Interest and Proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held in the
Insurance Fund shall be credited to and form a part of the Insurance
Fund.
SEC. 144. PAYMENTS FROM FAMILY AND MEDICAL LEAVE INSURANCE FUND.
The Managing Trustee shall pay from time to time from the Insurance
Fund such amounts as the Secretary of Labor certifies are necessary to
make the payments provided for by section 113, and payments with
respect to administrative expenses under section 145.
SEC. 145. ADMINISTRATIVE EXPENSES.
(a) Availability of Insurance Fund.--Under regulations that shall
be prescribed by the Secretary of Labor, funds shall be made available
from the Insurance Fund in connection with the administration of this
subtitle and the administration of related provisions of the Internal
Revenue Code of 1986 in the same manner and extent as funds are made
available from the trust funds referred to in section 201(g) of the
Social Security Act (42 U.S.C. 401(g)) in connection with the
administration of the relevant provisions referred to in such section.
(b) Authorization of Appropriations.--There are authorized to be
made available for expenditure such amounts as Congress may determine
to be appropriate to pay the costs of the part of the administration of
this subtitle (including start-up costs, technical assistance, and
costs for small employers electing to participate in the Family and
Medical Leave Insurance Program) for which the Secretary of Labor is
responsible.
(c) Gifts and Bequests.--The Managing Trustee may accept on behalf
of the United States money gifts and bequests made unconditionally to
the Insurance Fund for the benefit of the Insurance Fund or any
activity financed through the Insurance Fund and such gifts and
bequests shall be deposited into the Insurance Fund.
(d) Processing of Tax Data.--Section 232 of the Social Security Act
(42 U.S.C. 432) shall apply with respect to this subtitle, in the same
manner and to the same extent as such section applies with respect to
title II of the Social Security Act (42 U.S.C. 401 et seq.).
SEC. 146. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
(a) Employee Premiums.--Section 3101 of the Internal Revenue Code
of 1986 (relating to tax on employees) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (c) the following new
subsection:
``(c) Family and Medical Leave Premiums.--
``(1) In general.--In addition to the taxes imposed by
subsections (a) and (b), there is imposed on the income of
every individual a family and medical leave premium equal to
the applicable percentage of the wages (as defined in section
3121(a)) received by the individual with respect to employment
(as defined in section 3121(b)).
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 0.1 percent with respect to periods of
employment by a small employer (as defined in section
103(b) of the Family Leave Insurance Act) electing to
participate in the Family and Medical Leave Insurance
Program (established under section 112 of such Act);
and
``(B) 0.2 percent with respect to all other periods
of employment.
``(3) Exception for certain employment.--Paragraph (1)
shall not apply with respect to a period of employment--
``(A) by an employer during which the Secretary of
Labor determines the employer has in effect a plan
which is equivalent to or better than the Family and
Medical Leave Insurance Program (established under
section 112 of the Family Leave Insurance Act); or
``(B) by a small employer (as so defined) who has
not elected to participate in such Program.
For purposes of the preceding sentence, the Secretary of Labor
shall prescribe such regulations as may be appropriate or
necessary, including regulations requiring documentation of
employer programs.''.
(b) Employer Premiums.--Section 3111 of the Internal Revenue Code
of 1986 (relating to tax on employers) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (c) the following new
subsection:
``(c) Family and Medical Leave Premiums.--
``(1) In general.--In addition to the excise taxes imposed
by subsections (a) and (b), there is imposed on every employer
a family and medical leave premium, with respect to having
individuals in such employer's employ, equal to the applicable
percentage of the wages (as defined in section 3121(a)) paid by
such employer with respect to employment (as defined in section
3121(b)).
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 0.1 percent with respect to small employers
(as defined in section 103(b) of the Family Leave
Insurance Act) electing to participate in the Family
and Medical Leave Insurance Program (established under
section 112 of such Act); and
``(B) 0.2 percent with respect to all other
employers.
``(3) Exception for certain employers.--Paragraph (1) shall
not apply for any period with respect to an employer to whom
paragraph (1) of section 3101(c) does not apply by reason of
paragraph (3) thereof.''.
(c) Self-Employed Premiums.--Section 1401 of the Internal Revenue
Code of 1986 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Family and Medical Leave Premiums.--
``(1) In general.--In addition to the taxes imposed by
subsections (a) and (b), there is imposed for each taxable
year, on the self-employment income of every individual, a
family and medical leave premium equal to 0.4 percent of the
amount of the self-employment income for such taxable year.
``(2) Exception for certain employers.--Paragraph (1) shall
not apply for any period with respect to an employer who has
not elected to participate in the Family and Medical Leave
Insurance Program (established under section 112 of the Family
Leave Insurance Act).''.
(d) Conforming Amendments to Social Security Act.--Section 201 of
the Social Security Act (42 U.S.C. 401) is amended--
(1) by striking ``sections 3101(b) and 3111(b)'' both
places it appears in subsection (a)(3) and inserting ``sections
3101(b), 3101(c), 3111(b), and 3111(c)'', and
(2) by striking ``section 1401(b)'' both places it appears
in subsection (a)(4) and inserting ``sections 1401(b) and
1401(c)''.
(e) Effective Date.--
(1) Employment premiums.--The amendments made by
subsections (a), (b), and (d)(1) shall apply to wages paid
after December 31, 2010.
(2) Self-employment premiums.--The amendments made by
subsections (c) and (d)(2) shall apply to taxable years
beginning after December 31, 2010.
Subtitle B--Family and Medical Leave Enhancement Act
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Family and Medical Leave
Enhancement Act''.
SEC. 152. ELIGIBLE EMPLOYEE.
Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each
place it appears and inserting ``fewer than 25''.
SEC. 153. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL
INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
``(6) Entitlement to additional leave for parental
involvement and family wellness.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph to--
``(i) participate in or attend an activity
that is sponsored by a school or community
organization and relates to a program of the
school or organization that is attended by a
son or daughter or a grandchild of the
employee; or
``(ii) meet routine family medical care
needs, including for medical and dental
appointments of the employee or a son,
daughter, spouse, or grandchild of the
employee, or to attend to the care needs of
elderly individuals who are related to the
eligible employee, including visits to nursing
homes and group homes.
``(B) Limitations.--
``(i) In general.--An eligible employee is
entitled to--
``(I) not to exceed 4 hours of
leave under this paragraph during any
30-day period; and
``(II) not to exceed 24 hours of
leave under this paragraph during any
12-month period.
``(ii) Coordination rule.--Leave under this
paragraph shall be in addition to any leave
provided under any other paragraph of this
subsection.
``(C) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), or a child care facility.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following new
sentence: ``Leave under subsection (a)(6) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Parental involvement leave and family
wellness leave.--An eligible employee may elect, or an
employer may require the employee, to substitute any of
the accrued paid vacation leave, personal leave, or
family leave of the employee for any leave under
subsection (a)(6). In addition, an eligible employee
may elect, or an employer may require the employee, to
substitute any of the accrued paid medical or sick
leave of the employee for leave provided under clause
(ii) of subsection (a)(6)(A) for any part of the leave
under such clause, except that nothing in this title
shall require an employer to provide paid sick leave or
paid medical leave in any situation in which such
employer would not normally provide any such paid
leave. If the employee elects or the employer requires
the substitution of accrued paid leave for leave
provided under subsection (a)(6)(A), the employer shall
not restrict or limit this substitution or impose any
additional terms and conditions on such leave that are
more stringent on the employee than the terms and
conditions set forth in this Act.''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
``(4) Notice relating to parental involvement and family
wellness leave.--In any case in which an employee requests
leave under paragraph (6) of subsection (a), the employee
shall--
``(A) provide the employer with not less than 7
days' notice or as much notice as is practicable before
the date the leave is to be taken, of the employee's
intention to take leave under such paragraph; and
``(B) in the case of leave to be taken under
subparagraph (A)(ii), make a reasonable effort to
schedule the leave so as not to disrupt unduly the
operations of the employer, subject to the approval of
the health care provider involved (if any).''.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(g) Certification Related to Parental Involvement and Family
Wellness Leave.--An employer may require that a request for leave under
section 102(a)(6) be supported by a certification issued at such time
and in such manner as the Secretary may by regulation prescribe.''.
(f) Definition of Grandchild.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraph:
``(20) Grandchild.--The term `grandchild' means a son or
daughter of an employee's son or daughter.''.
SEC. 154. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an
employee shall be entitled to leave under this paragraph to--
``(i) participate in or attend an activity that is
sponsored by a school or community organization and relates to
a program of the school or organization that is attended by a
son or daughter or a grandchild of the employee; or
``(ii) meet routine family medical care needs, including
for medical and dental appointments of a son, daughter, spouse,
or grandchild of the employee, or to attend to the care needs
of elderly individuals who are related to the eligible
employee, including visits to nursing homes and group homes.
``(B)(i) An employee is entitled to--
``(I) not to exceed 4 hours of leave under this paragraph
during any 30-day period; and
``(II) not to exceed 24 hours of leave under this paragraph
during any 12-month period.
``(ii) Leave under this paragraph shall be in addition to any leave
provided under any other paragraph of this subsection.
``(C) For the purpose of this paragraph--
``(i) the term `school' means an elementary school or
secondary school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965), a Head
Start program assisted under the Head Start Act, and a child
care facility licensed under State law; and
``(ii) the term `community organization' means a private
nonprofit organization that is representative of a community or
a significant segment of a community and provides activities
for individuals described in subparagraph (A) or (B) of section
6381(6), such as a scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended--
(1) by inserting after the second sentence the following
new sentence: ``Leave under subsection (a)(5) may be taken
intermittently or on a reduced leave schedule.''; and
(2) in the last sentence, by striking ``involved,'' and
inserting ``involved (or, in the case of leave under subsection
(a)(5), for purposes of any 30-day or 12-month period),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end the following:
``(2) An employee may elect to substitute for leave under
subsection (a)(5), any of the employee's accrued or accumulated annual
or sick leave under subchapter I. If the employee elects to substitute
accumulated annual or sick leave for leave provided under subsection
(a)(5), the employing agency shall not restrict or limit this
substitution or impose any additional terms and conditions on such
leave that are more stringent on the employee than the terms and
conditions set forth in this subchapter.''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
``(4) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall--
``(A) provide the employing agency with not less than 7
days' notice, before the date the leave is to be taken, of the
employee's intention to take leave under such paragraph; and
``(B) in the case of leave to be taken under subparagraph
(A)(ii), make a reasonable effort to schedule the leave so as
not to disrupt unduly the operations of the employer, subject
to the approval of the health care provider involved (if
any).''.
(e) Certification.--Section 6383(f) of such title is amended by
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section
6382(a)''.
(f) Definition of Grandchild.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `grandchild' means a son or daughter of an
employee's son or daughter.''.
Subtitle C--Domestic Violence Leave Act
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ``Domestic Violence Leave Act''.
SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT,
OR STALKING.
(a) Authority for Leave.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding
at the end the following:
``(F) In order to care for the family member of the
employee, if such family member is addressing domestic
violence, sexual assault, or stalking and their
effects.
``(G) Because the employee is addressing domestic
violence, sexual assault, or stalking and their
effects, the employee is unable to perform any of the
functions of the position of such employee.''.
(b) Definitions.--Section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611) (as amended by section 193(f)) is further
amended by adding at the end the following:
``(21) Domestic violence.--The term `domestic violence' has
the meaning given such term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925), and includes
dating violence, as such term is defined in such section.
``(22) Sexual assault.--The term `sexual assault' has the
meaning given that term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
``(23) Stalking.--The term `stalking' has the meaning given
such term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
``(24) Addressing domestic violence, sexual assault, or
stalking and their effects.--The term `addressing domestic
violence, sexual assault, or stalking and their effects'
means--
``(A) seeking medical attention for or recovering
from injuries caused by domestic violence, sexual
assault, or stalking;
``(B) seeking legal assistance or remedies,
including communicating with the police or an attorney,
or participating in any legal proceeding related to
domestic violence, sexual assault, or stalking;
``(C) attending support groups for victims of
domestic violence, sexual assault, or stalking;
``(D) obtaining psychological counseling related to
experiences of domestic violence, sexual assault, or
stalking;
``(E) participating in safety planning and other
actions to increase safety from future domestic
violence, sexual assault, or stalking, including
temporary or permanent relocation; and
``(F) participating in any other activity
necessitated by domestic violence, sexual assault, or
stalking which must be undertaken during hours of
employment.
``(25) Family member.--The term `family member', used with
respect to a person, means an individual who is a spouse,
domestic partner, parent, son or daughter (including an adult
son or daughter) of that person.''.
(c) Intermittent or Reduced Leave.--Section 102(b)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(b)(1)) (as amended by
section 193(b)) is further amended by inserting before the last
sentence: ``Subject to subsection (e)(4) and 103(g), leave under
subparagraph (F) or (G) of subsection (a)(1) may be taken by an
employee intermittently or on a reduced leave schedule.''.
(d) Paid Leave.--Section 102(d)(2)(B) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(d)(2)(B)) is amended by inserting at
the end the following: ``An eligible employee may elect to substitute
any of the accrued paid vacation leave, personal leave, family leave,
or medical or sick leave of the employee for leave provided under
subparagraph (F) or (G) of subsection (a)(1) for any part of the 12-
week period of such leave under such subsection, except that nothing in
this title shall require an employer to provide paid sick leave or paid
medical leave in any situation in which such employer would not
normally provide any such paid leave.''.
(e) Notice.--Section 102(e) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(e)) (as amended by section 193(d)), is further
amended by adding at the end the following:
``(5) Notice for leave due to domestic violence, sexual
assault, or stalking.--In any case in which the necessity for
leave under subparagraph (F) or (G) of subsection (a)(1) is
foreseeable based on a scheduled appointment or planned
activity to address domestic violence, sexual assault, or
stalking and their effects, the employee shall provide such
notice to the employer as is reasonable and practicable.''.
(f) Certification and Confidentiality.--Section 103 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2613) (as amended by section
193(e)) is further amended--
(1) in the title, by adding before the period the
following: ``; confidentiality''; and
(2) by adding at the end the following:
``(h) Certification Related to Domestic Violence, Sexual Assault,
or Stalking.--
``(1) In general.--In determining if an employee meets the
requirements of subparagraph (F) or (G) of section 102(a)(1),
the employer of an employee may require the employee to provide
written certification. Certification under this paragraph shall
be sufficient if it includes--
``(A) documentation of the domestic violence,
sexual assault, or stalking, such as police or court
records, or documentation of the domestic violence,
sexual assault, or stalking from a shelter worker,
attorney, clergy, or medical or other professional from
whom the employee or family member of the employee has
sought assistance in addressing domestic violence,
sexual assault, or stalking and their effects;
``(B) other corroborating evidence, such as a
statement from any other individual with knowledge of
the circumstances which provide the basis for the
claim, or physical evidence of domestic violence,
sexual assault, or stalking, such as photographs, or
torn or bloody clothes; or
``(C) at the election of the employee, where
documentation described in subparagraph (A) and
corroborating evidence described in subparagraph (B) is
not available, a written statement describing the
domestic violence, sexual assault, or stalking and
their effects.
``(2) Confidentiality.--All evidence of domestic violence,
sexual assault, or stalking provided to an employer under this
subsection, including an employee's statement, any
corroborating evidence, and the fact that an employee has
requested leave for the purpose of addressing domestic
violence, sexual assault, or stalking and their effects, shall
be retained in the strictest confidence by the employer, except
to the extent consented to by the employee where disclosure is
necessary to--
``(A) protect the safety of the employee or family
member of the employee; or
``(B) assist in documenting domestic violence,
sexual assault, or stalking for a court or law
enforcement agency.''.
(g) Table of Contents.--The table of contents in section 1(b) of
the Family and Medical Leave Act of 1993 (29 U.S.C. prec. 2601) is
amended by striking the item relating to section 103 and inserting the
following:
``103. Certification; confidentiality.''.
SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS.
(a) Definitions.--
(1) Inclusion of same-sex spouses.--Section 101(13) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is
amended, by inserting ``, and, notwithstanding section 7 of
title I, United States Code, includes a spouse of the same sex
as the employee as determined under applicable State law''
before the period.
(2) Inclusion children of a domestic partner.--Section
101(12) of such Act (29 U.S.C. 2611(12)) is amended by
inserting ``a child of an individual's domestic partner,''
after ``a legal ward,''.
(3) Inclusion domestic partners.--Section 101 of such Act
(as amended by section 162) is further amended by adding at the
end the following:
``(25) Domestic partner.--The term `domestic partner'
means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides; or
``(B) in the case of an unmarried employee who
resides in a State where a person cannot marry a person
of the same sex under the laws of the State, a single,
unmarried adult person of the same sex as the employee
who is in a committed, intimate relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.''.
(b) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(C), by striking ``spouse,'' both
places it appears and inserting ``spouse or domestic
partner,'';
(2) in subsection (a)(1)(E), by striking spouse, and
inserting ``spouse or domestic partner,'';
(3) in subsection (a)(3), by striking ``spouse,'' and
inserting ``spouse or domestic partner,'';
(4) in subsection (e)(2)(A), by inserting ``domestic
partner,'' after ``spouse,'';
(5) in subsection (e)(3), by inserting ``domestic
partner,'' after ``spouse,''; and
(6) in subsection (f)--
(A) in the subsection heading, by inserting ``or
Domestic Partners'' after ``Spouses'';
(B) in paragraph (1), by striking ``a husband and
wife'' and inserting ``both spouses or both domestic
partners'';
(C) in paragraph (2)(A), by striking ``that husband
and wife'' and inserting ``spouses or both domestic
partners''; and
(D) in paragraph (2)(B), by striking ``the husband
and wife'' and inserting ``both spouses or both
domestic partners''.
(c) Certification.--Section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by inserting ``domestic partner,''
after ``spouse,'';
(2) in subsection (b)(4)(A), by inserting ``domestic
partner,'' after ``spouse,'' both places it appears; and
(3) in subsection (b)(7), by inserting ``domestic
partner,'' after ``spouse,''.
(d) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
(1) in subparagraph (A)(i), by inserting ``domestic
partner,'' after ``spouse,''; and
(2) in subparagraph (C)(ii), by inserting ``domestic
partner,'' after ``spouse,''.
SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Authority for Leave.--Section 6382(a)(1) of title 5, United
States Code is amended by adding at the end the following:
``(F) In order to care for the family member of the
employee, if such family member is addressing domestic
violence, sexual assault, or stalking and their effects.
``(G) Because the employee is addressing domestic violence,
sexual assault, or stalking and their effects, the employee is
unable to perform any of the functions of the position of such
employee.''.
(b) Definitions.--Section 6381 of title 5, United States Code (as
amended by section 154(f)) is amended--
(1) at the end of paragraph (10), by striking ``and'';
(2) in paragraph (11), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(14) the terms `domestic violence', `sexual assault', and
`stalking' all have the meaning given such terms in section
40002 of the Violence Against Women Act of 1994 (42 U.S.C.
13925), and the term `domestic violence' includes dating
violence, as such term is defined in such section;
``(15) the term `addressing domestic violence, sexual
assault, or stalking and their effects' means--
``(A) seeking medical attention for or recovering
from injuries caused by domestic violence, sexual
assault, or stalking;
``(B) seeking legal assistance or remedies,
including communicating with the police or an attorney,
or participating in any legal proceeding related to
domestic violence, sexual assault, or stalking;
``(C) attending support groups for victims of
domestic violence, sexual assault, or stalking;
``(D) obtaining psychological counseling related to
experiences of domestic violence, sexual assault, or
stalking;
``(E) participating in safety planning and other
actions to increase safety from future domestic
violence, sexual assault, or stalking, including
temporary or permanent relocation; and
``(F) participating in any other activity
necessitated by domestic violence, sexual assault, or
stalking which must be undertaken during hours of
employment; and
``(16) the term `family member', used with respect to a
person, means an individual who is a spouse, domestic partner,
parent, son or daughter (including an adult son or daughter) of
that person;''.
(c) Intermittent or Reduced Leave.--Section 6382(b) of title 5,
United States Code, (as amended by section 154(b)) is further amended
by adding at the end the following:
``(3) Leave under subparagraph (E) or (F) of subsection
(a)(1) may be taken by an employee intermittently or on a
reduced leave schedule. The taking of leave intermittently or
on a reduced leave schedule pursuant to this paragraph shall
not result in a reduction in the total amount of leave to which
the employee is entitled under subsection (a) beyond the amount
of leave actually taken.''.
(d) Other Leave.--Section 6382(d) of title 5, United States Code,
(as amended by section 154(c)) is further amended by striking ``(C), or
(D)'' and inserting ``(C), (D), (E), or (F)''.
(e) Notice.--Section 6282(e) of title 5, United States Code, is
amended by adding at the end the following:
``(3) In any case in which the necessity for leave under
subparagraph (F) or (G) of subsection (a)(1) is foreseeable
based on a scheduled appointment or planned activity to address
domestic violence, sexual assault, or stalking and their
effects, the employee shall provide such notice to the
employing agency as is reasonable and practicable.''.
(f) Certification.--Section 6383 of title 5, United States Code, is
amended by adding at the end the following:
``(f) In determining if an employee meets the requirements of
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of
an employee may require the employee to provide written certification.
Certification under this subsection shall be sufficient if it
includes--
``(1) documentation of the domestic violence, sexual
assault, or stalking, such as police or court records, or
documentation of the domestic violence, sexual assault, or
stalking from a shelter worker, attorney, clergy, or medical or
other professional from whom the employee or family member of
the employee has sought assistance in addressing domestic
violence, sexual assault, or stalking and their effects;
``(2) other corroborating evidence, such as a statement
from any other individual with knowledge of the circumstances
which provide the basis for the claim, or physical evidence of
domestic violence, sexual assault, or stalking, such as
photographs or torn or bloody clothes; or
``(3) at the election of the employee, where documentation
described in paragraph (1) and corroborating evidence described
in paragraph (2) is not available, a written statement
describing the domestic violence, sexual assault, or stalking
and their effects.''.
(g) Confidentiality.--Section 6383 of title 5, United States Code,
as amended by subsection (f), is amended--
(1) in the section heading, by adding before the period the
following: ``; confidentiality''; and
(2) by adding at the end the following:
``(g) All evidence of domestic violence, sexual assault, or
stalking provided to an employing agency under this subsection,
including an employee's statement, any corroborating evidence, and the
fact that an employee has requested leave for the purpose of addressing
domestic violence, sexual assault, or stalking and their effects, shall
be retained in the strictest confidence by the employing agency, except
to the extent consented to by the employee where disclosure is
necessary to--
``(1) protect the safety of the employee or family member
of the employee; or
``(2) assist in documenting domestic violence, sexual
assault, or stalking for a court or law enforcement agency.''.
(h) Table of Sections.--The table of sections for chapter 63 of
title 5, United States Code, is amended by striking the item relating
to section 6383 and inserting the following:
``6383. Certification; confidentiality.''.
SEC. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS FOR LEAVE
FOR FEDERAL EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, (as
amended by section 164) is further amended--
(1) in paragraph (6), by inserting ``a child of an
individual's domestic partner,'' after ``a legal ward,''; and
(2) by adding at the end the following:
``(17) the term `spouse' means a husband or wife, as the
case may be, and, notwithstanding section 7 of title I, United
States Code, includes a spouse of the same sex as the employee
as determined under applicable State law; and
``(18) the term `domestic partner' means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides; or
``(B) in the case of an unmarried employee who
resides in a State where a person cannot marry a person
of the same sex under the laws of the State, a single,
unmarried adult person of the same sex as the employee
who is in a committed, intimate relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employing agency
by such employee as that employee's domestic
partner.''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is further amended--
(1) in subsection (a)(1)(C), by striking ``spouse,'' both
places it appears and inserting ``spouse or domestic
partner,'';
(2) in subsection (a)(3), by striking ``spouse,'' and
inserting ``spouse or domestic partner,''; and
(3) in subsection (e)(2)(A), by inserting ``domestic
partner,'' after ``spouse,''.
(c) Certification.--Section 6383 of title 5, United States Code, is
further amended--
(1) in subsection (a), by inserting ``domestic partner,''
after ``spouse,''; and
(2) in subsection (b)(4)(A), by inserting ``domestic
partner,'' after ``spouse,'' both places it appears.
Subtitle D--Healthy Families Act
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Healthy Families Act''.
SEC. 172. PURPOSES.
The purposes of this subtitle are--
(1) to ensure that all working Americans can address their
own health needs and the health needs of their families by
requiring employers to permit employees to earn up to 56 hours
of paid sick time including paid time for family care;
(2) to diminish public and private health care costs by
enabling workers to seek early and routine medical care for
themselves and their family members;
(3) to assist employees who are, or whose family members
are, victims of domestic violence, sexual assault, or stalking,
by providing the employees with paid time away from work to
allow the victims to receive treatment and to take the
necessary steps to ensure their protection;
(4) to accomplish the purposes described in paragraphs (1)
through (3) in a manner that is feasible for employers; and
(5) consistent with the provision of the 14th amendment to
the Constitution relating to equal protection of the laws, and
pursuant to Congress' power to enforce that provision under
section 5 of that amendment--
(A) to accomplish the purposes described in
paragraphs (1) through (3) in a manner that minimizes
the potential for employment discrimination on the
basis of sex by ensuring generally that paid sick time
is available for eligible medical reasons on a gender-
neutral basis; and
(B) to promote the goal of equal employment
opportunity for women and men.
SEC. 173. DEFINITIONS.
In this subtitle:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-
care because of a mental or physical disability.
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located.
(3) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under subparagraph (E),
including such an employee of the Library of Congress,
except that a reference in such section to an employer
shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph
(4)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a));
(C) a covered employee, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301), other
than an applicant for employment;
(D) a covered employee, as defined in section 411(c) of
title 3, United States Code; or
(E) a Federal officer or employee covered under subchapter
V of chapter 63 of title 5, United States Code.
(4) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under
subclause (V);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) is engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 15 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
calendar year;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer to any
of the employees of such
employer; and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(III), a public agency shall be considered
to be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' mean any activity,
business, or industry in commerce or in
which a labor dispute would hinder or
obstruct commerce or the free flow of
commerce, and include ``commerce'' and
any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of
section 501 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (1)
and (3)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(5) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(6) Health care provider.--The term ``health care
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the
Secretary to be capable of providing health care
services; and
(B) is not employed by an employer for whom the
provider issues certification under this subtitle.
(7) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by an
employee for use during an absence from employment for any of
the reasons described in paragraphs (1) through (4) of section
5(b).
(8) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, or a legal guardian or other person who stood in loco
parentis to an employee when the employee was a child.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(10) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
(11) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the employee resides.
(12) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 13925(a)).
(13) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
SEC. 174. PROVISION OF PAID SICK TIME.
(a) Accrual of Paid Sick Time.--
(1) In general.--An employer shall permit each employee
employed by the employer to earn not less than 1 hour of paid
sick time for every 30 hours worked, to be used as described in
subsection (b). An employer shall not be required to permit an
employee to earn, under this section, more than 56 hours of
paid sick time in a calendar year, unless the employer chooses
to set a higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in paragraph
(3), for purposes of this section, an employee who is
exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be assumed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid sick time based upon that
normal work week.
(3) Dates of accrual and use.--Employees shall begin to
earn paid sick time under this section at the commencement of
their employment. An employee shall be entitled to use the
earned paid sick time beginning on the 60th calendar day
following commencement of the employee's employment. After that
60th calendar day, the employee may use the paid sick time as
the time is earned. An employer may, at the discretion of the
employer, loan paid sick time to an employee in advance of the
earning of such time under this section by such employee.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this section shall
carry over from 1 calendar year to the next.
(B) Construction.--This subtitle shall not be
construed to require an employer to permit an employee
to accrue more than 56 hours of earned paid sick time
at a given time.
(5) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this section and
that may be used for the same purposes and under the same
conditions as the purposes and conditions outlined in
subsection (b) shall not be required to permit an employee to
earn additional paid sick time under this section.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for earned paid sick time that has not been used.
(7) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer, the employer shall
reinstate the employee's previously earned paid sick time. The
employee shall be entitled to use the earned paid sick time and
earn additional paid sick time at the recommencement of
employment with the employer.
(8) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this subtitle, that
the employee involved search for or find a replacement worker
to cover the hours during which the employee is using paid sick
time.
(b) Uses.--Paid sick time earned under this section may be used by
an employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) An absence for the purpose of caring for a child, a
parent, a spouse, or any other individual related by blood or
affinity whose close association with the employee is the
equivalent of a family relationship, who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
and
(B) in the case of someone who is not a child, is
otherwise in need of care.
(4) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the
employee's child, parent, or spouse, or an individual
related to the employee as described in paragraph (3),
to recover from physical or psychological injury or
disability caused by domestic violence, sexual assault,
or stalking;
(B) obtain or assist a related person described in
paragraph (3) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (3) in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Scheduling.--An employee shall make a reasonable effort to
schedule a period of paid sick time under this subtitle in a manner
that does not unduly disrupt the operations of the employer.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the
oral or written request of an employee. Such request shall--
(A) include the expected duration of the period of
such time;
(B) in a case in which the need for such period of
time is foreseeable at least 7 days in advance of such
period, be provided at least 7 days in advance of such
period; and
(C) otherwise, be provided as soon as practicable
after the employee is aware of the need for such
period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraph
(C), an employer may require that a request for
paid sick time under this section for a purpose
described in paragraph (1), (2), or (3) of
subsection (b) be supported by a certification
issued by the health care provider of the
eligible employee or of an individual described
in subsection (b)(3), as appropriate, if the
period of such time covers more than 3
consecutive workdays.
(ii) Timeliness.--The employee shall
provide a copy of such certification to the
employer in a timely manner, not later than 30
days after the first day of the period of time.
The employer shall not delay the commencement
of the period of time on the basis that the
employer has not yet received the
certification.
(B) Sufficient certification.--
(i) In general.--A certification provided
under subparagraph (A) shall be sufficient if
it states--
(I) the date on which the period of
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (ii); and
(IV)(aa) for purposes of paid sick
time under subsection (b)(1), a
statement that absence from work is
medically necessary;
(bb) for purposes of such time
under subsection (b)(2), the dates on
which testing for a medical diagnosis
or care is expected to be given and the
duration of such testing or care; and
(cc) for purposes of such time
under subsection (b)(3), in the case of
time to care for someone who is not a
child, a statement that care is needed
for an individual described in such
subsection, and an estimate of the
amount of time that such care is needed
for such individual.
(ii) Limitation.--In issuing a
certification under subparagraph (A), a health
care provider shall make reasonable efforts to
limit the medical facts described in clause
(i)(III) that are disclosed in the
certification to the minimum necessary to
establish a need for the employee to utilize
paid sick time.
(C) Regulations.--Regulations prescribed under
section 182 shall specify the manner in which an
employee who does not have health insurance shall
provide a certification for purposes of this paragraph.
(D) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this subtitle shall be construed to require
a health care provider to disclose information
in violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(ii) Health information records.--If an
employer possesses health information about an
employee or an employee's child, parent, spouse
or other individual described in subsection
(b)(3), such information shall--
(I) be maintained on a separate
form and in a separate file from other
personnel information;
(II) be treated as a confidential
medical record; and
(III) not be disclosed except to
the affected employee or with the
permission of the affected employee.
(3) Certification in the case of domestic violence, sexual
assault, or stalking.--
(A) In general.--An employer may require that a
request for paid sick time under this section for a
purpose described in subsection (b)(4) be supported by
1 of the following forms of documentation:
(i) A police report indicating that the
employee, or a member of the employee's family
described in subsection (b)(4), was a victim of
domestic violence, sexual assault, or stalking.
(ii) A court order protecting or separating
the employee or a member of the employee's
family described in subsection (b)(4) from the
perpetrator of an act of domestic violence,
sexual assault, or stalking, or other evidence
from the court or prosecuting attorney that the
employee or a member of the employee's family
described in subsection (b)(4) has appeared in
court or is scheduled to appear in court in a
proceeding related to domestic violence, sexual
assault, or stalking.
(iii) Other documentation signed by an
employee or volunteer working for a victim
services organization, an attorney, a police
officer, a medical professional, a social
worker, an antiviolence counselor, or a member
of the clergy, affirming that the employee or a
member of the employee's family described in
subsection (b)(4) is a victim of domestic
violence, sexual assault, or stalking.
(B) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subclauses (III) and (IV) of
subparagraph (B)(i) and subparagraph (B)(ii) of
such paragraph shall not apply;
(ii) the certification shall state the
reason that the leave is required with the
facts to be disclosed limited to the minimum
necessary to establish a need for the employee
to be absent from work, and the employee shall
not be required to explain the details of the
domestic violence, sexual assault, or stalking
involved; and
(iii) with respect to confidentiality under
subparagraph (D) of such paragraph, any
information provided to the employer under this
paragraph shall be confidential, except to the
extent that any disclosure of such information
is--
(I) requested or consented to in
writing by the employee; or
(II) otherwise required by
applicable Federal or State law.
SEC. 175. POSTING REQUIREMENT.
(a) In General.--Each employer shall post and keep posted a notice,
to be prepared or approved in accordance with procedures specified in
regulations prescribed under section 182, setting forth excerpts from,
or summaries of, the pertinent provisions of this subtitle including--
(1) information describing paid sick time available to
employees under this subtitle;
(2) information pertaining to the filing of an action under
this subtitle;
(3) the details of the notice requirement for a foreseeable
period of time under section 174(d)(1)(B); and
(4) information that describes--
(A) the protections that an employee has in
exercising rights under this subtitle; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section
177) if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; or
(2) in employee handbooks.
(c) Violation; Penalty.--Any employer who willfully violates the
posting requirements of this section shall be subject to a civil fine
in an amount not to exceed $100 for each separate offense.
SEC. 176. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this
subtitle, including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
subtitle;
(B) using the taking of paid sick time under this
subtitle as a negative factor in an employment action,
such as hiring, promotion, or a disciplinary action; or
(C) counting the paid sick time under a no-fault
attendance policy or any other absence control policy.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual, including a job
applicant, for opposing any practice made unlawful by this
subtitle.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action, or has instituted or caused to be
instituted any proceeding, under or related to this subtitle;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this subtitle; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this
subtitle.
(c) Construction.--Nothing in this section shall be construed to
state or imply that the scope of the activities prohibited by section
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is
less than the scope of the activities prohibited by this section.
SEC. 177. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Definitions.--In this subsection:
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 173(3);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
173(4)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this subtitle, or any regulation or order
issued under this subtitle, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this subtitle in
accordance with section 11(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211(c)) and in
accordance with regulations prescribed by the
Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this subtitle or any regulation or order issued
pursuant to this subtitle, or is investigating a charge
pursuant to paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) Liability.--Any employer who violates section
176 (including a violation relating to rights provided
under section 174) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 56 hours of wages or salary
for the employee or individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 176 (including a violation
relating to rights provided under section 174) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (3)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 176
(including a willful violation relating to rights
provided under section 174), such action may be brought
within 3 years of the date of the last event
constituting the alleged violation for which such
action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 176
(including a violation relating to rights provided
under section 174), including the restraint of any
withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found
by the court to be due to employees or individuals
eligible under this subtitle; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this subtitle
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this subtitle against an employee described in
section 173(3)(C).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this subtitle provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this subtitle against an employee described in section 173(3)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this subtitle provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this subtitle against an employee
described in section 173(3)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th amendment to the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
subtitle for equitable, legal, or other relief authorized under
this subtitle.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(3), for
injunctive relief that is authorized under this subtitle. In
such a suit the court may award to the prevailing party those
costs authorized by section 722 of the Revised Statutes (42
U.S.C. 1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this subtitle, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information.--Effective 90 days after the date
of enactment of this subtitle, the Commissioner of Labor Statistics
shall annually compile information on the following:
(1) The number of employees who used paid sick time.
(2) The number of hours of paid sick time used.
(3) The number of employees who used paid sick time for
absences necessary due to domestic violence, sexual assault, or
stalking.
(4) The demographic characteristics of employees who were
eligible for and who used paid sick time.
(b) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall annually conduct a study to determine the
following:
(A)(i) The number of days employees used paid sick
time and the reasons for the use.
(ii) The number of employees who used the paid sick
time for periods of time covering more than 3
consecutive workdays.
(B) The cost and benefits to employers of
implementing the paid sick time policies.
(C) The cost to employees of providing
certification to obtain the paid sick time.
(D) The benefits of the paid sick time to employees
and their family members, including effects on
employees' ability to care for their family members or
to provide for their own health needs.
(E) Whether the paid sick time affected employees'
ability to sustain an adequate income while meeting
needs of the employees and their family members.
(F) Whether employers who administered paid sick
time policies prior to the date of enactment of this
subtitle were affected by the provisions of this
subtitle.
(G) Whether other types of leave were affected by
this subtitle.
(H) Whether paid sick time affected retention and
turnover and costs of presenteeism.
(I) Whether the paid sick time increased the use of
less costly preventive medical care and lowered the use
of emergency room care.
(J) Whether the paid sick time reduced the number
of children sent to school when the children were sick.
(2) Aggregating data.--The data collected under
subparagraphs (A) and (D) of paragraph (1) shall be aggregated
by gender, race, disability, earnings level, age, marital
status, family type, including parental status, and industry.
(3) Reports.--
(A) In general.--Not later than 18 months after the
date of enactment of this subtitle, the Comptroller
General of the United States shall prepare and submit a
report to the appropriate committees of Congress
concerning the results of the study conducted pursuant
to paragraph (1) and the data aggregated under
paragraph (2).
(B) Followup report.--Not later than 5 years after
the date of enactment of this subtitle, the Comptroller
General of the United States shall prepare and submit a
followup report to the appropriate committees of
Congress concerning the results of the study conducted
pursuant to paragraph (1) and the data aggregated under
paragraph (2).
SEC. 179. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this
subtitle shall be construed to modify or affect any Federal or State
law prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, or disability.
(b) State and Local Laws.--Nothing in this subtitle shall be
construed to supersede (including preempting) any provision of any
State or local law that provides greater paid sick time or leave rights
(including greater paid sick time or leave, or greater coverage of
those eligible for paid sick time or leave) than the rights established
under this subtitle.
SEC. 180. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this subtitle shall be construed
to diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid sick leave or other leave rights to
employees or individuals than the rights established under this
subtitle.
(b) Less Protective.--The rights established for employees under
this subtitle shall not be diminished by any contract, collective
bargaining agreement, or any employment benefit program or plan.
SEC. 181. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this subtitle shall be construed to discourage employers
from adopting or retaining leave policies more generous than policies
that comply with the requirements of this subtitle.
SEC. 182. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not
later than 180 days after the date of enactment of this
subtitle, the Secretary shall prescribe such regulations as are
necessary to carry out this subtitle with respect to employees
described in subparagraph (A) or (B) of section 173(3) and
other individuals affected by employers described in subclause
(I) or (II) of section 173(4)(A)(i).
(2) Government accountability office; library of
congress.--The Comptroller General of the United States and the
Librarian of Congress shall prescribe the regulations with
respect to employees of the Government Accountability Office
and the Library of Congress, respectively and other individuals
affected by the Comptroller General of the United States and
the Librarian of Congress, respectively.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 120 days after the date of
enactment of this subtitle, the Board of Directors of the
Office of Compliance shall prescribe (in accordance with
section 304 of the Congressional Accountability Act of 1995 (2
U.S.C. 1384)) such regulations as are necessary to carry out
this subtitle with respect to employees described in section
173(3)(C) and other individuals affected by employers described
in section 173(4)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this subtitle except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Not later than 120 days after the date of
enactment of this subtitle, the President (or the designee of
the President) shall prescribe such regulations as are
necessary to carry out this subtitle with respect to employees
described in section 173(3)(D) and other individuals affected
by employers described in section 173(4)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this subtitle except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Not later than 120 days after the date of
enactment of this subtitle, the Director of the Office of
Personnel Management shall prescribe such regulations as are
necessary to carry out this subtitle with respect to employees
described in section 173(3)(E) and other individuals affected
by employers described in section 173(4)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this subtitle except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
SEC. 183. EFFECTIVE DATES.
(a) Effective Date.--This subtitle shall take effect 6 months after
the date of issuance of regulations under section 182(a)(1).
(b) Collective Bargaining Agreements.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by
subsection (a), this subtitle shall take effect on the earlier of--
(1) the date of the termination of such agreement; or
(2) the date that occurs 18 months after the date of
issuance of regulations under section 182(a)(1).
TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT
Subtitle A--Care for Young Children
SEC. 201. EXPANDING CHILD CARE FOR YOUNG CHILDREN.
(a) Goals.--Section 658A(b) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9801 note) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(6) to assist States in improving child care services for
young children.''.
(b) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended--
(1) by striking ``There'' and inserting ``(a) In General.--
There''; and
(2) by adding at the end the following:
``(b) Child Care Activities for Young Children.--In addition to
amounts appropriated under subsection (a), there is authorized to be
appropriated to carry out child care activities for young children
under this subchapter $500,000,000 for each of the fiscal years 2012,
2013, and 2014.''.
(c) Child Care Activities for Young Children.--The Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) is amended
by inserting after section 658G the following:
``SEC. 658H. CHILD CARE ACTIVITIES FOR YOUNG CHILDREN.
``Child care activities for young children for which funds under
this subchapter may be used include activities that are designed to
accomplish the following:
``(1) Increase the availability of child care services for
young children with disabilities.
``(2) Provide support services for networks of family child
care providers.
``(3) Provide or support programs that provide training,
services, materials, equipment, or other support to caregivers,
eligible child care providers, and family child care providers
that provide child care to young children. Such support may
include the purchase of equipment such as cribs and high
chairs.
``(4) Provide funds to increase compensation offered and
provide bonuses to caregivers, eligible child care providers,
and family child care providers who provide child care to
children under the age of 3 years, especially those caregivers
and providers who have formal education in early childhood
development.
``(5) Provide and support networks between health care
providers and caregivers, eligible child care providers, and
family child care providers that provide child care to young
children.
``(6) Provide child care services for young children who
are enrolled in Head Start programs under the Head Start Act
(42 U.S.C. 9831 et seq.).''.
(d) Definitions.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended by adding at the
end the following:
``(15) Young children.--The term `young children' means
eligible children who are less than 3 years of age.''.
Subtitle B--Improving Child Care Quality Through Teacher Incentives
SEC. 211. PURPOSE.
The purposes of this subtitle are--
(1) to establish the Child Care Provider Development and
Retention Grant Program, the Child Care Provider Scholarship
Program, and a program of child care provider health benefits
coverage; and
(2) to help children receive the high-quality child care
and early education the children need for positive cognitive
and social development, by rewarding and promoting the
retention of committed, qualified child care providers and by
providing financial assistance to improve the educational
qualifications of child care providers.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Child care provider.--The term ``child care provider''
means an individual who provides a service directly to a child
on a person-to-person basis for compensation for--
(A) a center-based child care provider that is
licensed or regulated under State or local law and that
satisfies the State and local requirements applicable
to the child care services provided;
(B) a licensed or regulated family child care
provider that satisfies the State and local
requirements applicable to the child care services
provided; or
(C) an out-of-school time program that is licensed
or regulated under State or local law and that
satisfies the State and local requirements applicable
to the child care services provided.
(2) Family child care provider.--The term ``family child
care provider'' has the meaning given such term in section 658P
of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858n).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Lead agency.--The term ``lead agency'' means the agency
designated under section 658D of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands of the United States, Guam, American
Samoa, or the Commonwealth of the Northern Mariana Islands.
(7) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 213. FUNDS FOR CHILD CARE PROVIDER DEVELOPMENT AND RETENTION
GRANTS, SCHOLARSHIPS, AND HEALTH BENEFITS COVERAGE.
(a) In General.--From amounts appropriated to carry out this
subtitle, the Secretary may allot and distribute funds to eligible
States, and make payments to Indian tribes and tribal organizations, to
pay for the Federal share of the cost of carrying out activities under
sections 216, 217, and 218 for eligible child care providers.
(b) Allotments.--The funds shall be allotted and distributed, and
the payments shall be made, by the Secretary in accordance with section
214, and expended by the States (directly, or at the option of the
States, through units of general purpose local government), and by
Indian tribes and tribal organizations, in accordance with this
subtitle.
SEC. 214. ALLOTMENTS TO STATES.
(a) Amounts Reserved.--
(1) Territories and possessions.--The Secretary shall
reserve not more than \1/2\ of 1 percent of the funds
appropriated under section 221(a), and not more than \1/2\ of 1
percent of the funds appropriated under section 222(b), for any
fiscal year for payments to the Virgin Islands of the United
States, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accordance with
their respective needs.
(2) Indian tribes and tribal organizations.--The Secretary
shall reserve not more than 3 percent of the funds appropriated
under section 221(a), and not more than 3 percent of the funds
appropriated under section 221(b), for any fiscal year for
payments to Indian tribes and tribal organizations with
applications approved under subsection (c).
(b) Allotments to Remaining States.--
(1) General authority.--From the funds appropriated under
section 221(a) for any fiscal year and remaining after the
reservations made under subsection (a), and from the funds
appropriated under section 221(b) for any fiscal year and
remaining after the reservations made under subsection (a), the
Secretary shall allot to each State an amount equal to the sum
of--
(A) an amount that bears the same ratio to 50
percent of the appropriate remainder as the product of
the young child factor of the State and the allotment
percentage of the State bears to the sum of the
corresponding products for all States; and
(B) an amount that bears the same ratio to 50
percent of such remainder as the product of the school
lunch factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States.
(2) Young child factor.--In this subsection, the term
``young child factor'' means the ratio of the number of
children under 5 years of age in the State to the number of
such children in all the States, as determined according to the
most recent annual estimates of population in the States, as
provided by the Bureau of the Census.
(3) School lunch factor.--In this subsection, the term
``school lunch factor'' means the ratio of the number of
children who are receiving free or reduced price lunches under
the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) in
the State to the number of such children in all the States, as
determined annually by the Department of Agriculture.
(4) Allotment percentage.--
(A) In general.--Except as provided in subparagraph
(B), for purposes of this subsection, the allotment
percentage for a State shall be determined by dividing
the per capita income of all individuals in the United
States, by the per capita income of all individuals in
the State.
(B) Limitations.--For purposes of this subsection,
if an allotment percentage determined under
subparagraph (A)--
(i) is more than 1.2 percent, the allotment
percentage of that State shall be considered to
be 1.2 percent; and
(ii) is less than 0.8 percent, the
allotment percentage of the State shall be
considered to be 0.8 percent.
(C) Per capita income.--For purposes of
subparagraph (A), per capita income shall be--
(i) determined at 2-year intervals;
(ii) applied for the 2-year period
beginning on October 1 of the first fiscal year
beginning after the date such determination is
made; and
(iii) equal to the average of the annual
per capita incomes for the most recent period
of 3 consecutive years for which satisfactory
data are available from the Department of
Commerce at the time such determination is
made.
(c) Payments to Indian Tribes and Tribal Organizations.--
(1) Reservation of funds.--From amounts reserved under
subsection (a)(2), the Secretary may make grants to or enter
into contracts with Indian tribes and tribal organizations that
submit applications under this subsection, to plan and carry
out programs and activities--
(A) to encourage child care providers to improve
their qualifications;
(B) to retain qualified child care providers in the
child care field; and
(C) to provide health benefits coverage for child
care providers.
(2) Applications and requirements.--To be eligible to
receive a grant or contract under this subsection, an Indian
tribe or tribal organization shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application shall
provide that the applicant--
(A) will coordinate the programs and activities
involved, to the maximum extent practicable, with the
lead agency in each State in which the applicant will
carry out such programs and activities; and
(B) will make such reports on, and conduct such
audits of the funds made available through the grant or
contract for, programs and activities under this
subtitle as the Secretary may require.
(d) Data and Information.--The Secretary shall obtain from each
appropriate Federal agency, the most recent data and information
necessary to determine the allotments provided for in subsection (b).
(e) Reallotments.--
(1) In general.--Any portion of an allotment under
subsection (b) to a State for a fiscal year that the Secretary
determines will not be distributed to the State for such fiscal
year shall be reallotted by the Secretary to other States in
proportion to the original corresponding allotments made under
such subsection to such States for such fiscal year.
(2) Limitations.--
(A) Reduction.--The amount of any reallotment to
which a State is entitled under this subsection shall
be reduced to the extent that such amount exceeds the
amount that the Secretary estimates will be distributed
to the State to carry out corresponding activities
under this subtitle.
(B) Reallotments.--The amount of such reduction
shall be reallotted to States for which no reduction in
a corresponding allotment, or in a corresponding
reallotment, is required by this subsection, in
proportion to the original corresponding allotments
made under subsection (b) to such States for such
fiscal year.
(3) Amounts reallotted.--For purposes of this subtitle
(other than this subsection and subsection (b)), any amount
reallotted to a State under this subsection shall be considered
to be part of the corresponding allotment made under subsection
(b) to the State.
(4) Indian tribes or tribal organizations.--Any portion of
a grant or contract made to an Indian tribe or tribal
organization under subsection (c) that the Secretary determines
is not being used in a manner consistent with the provisions of
this subtitle in the period for which the grant or contract is
made available, shall be used by the Secretary to make payments
to other tribes or organizations that have submitted
applications under subsection (c) in accordance with their
respective needs.
(f) Cost-Sharing.--
(1) Child care provider development and retention grants
and scholarships.--
(A) Federal share.--The Federal share of the cost
of carrying out activities under sections 216 and 217,
with funds allotted under this section and distributed
by the Secretary to a State, shall be--
(i) not more than 90 percent of the cost of
each grant made under such sections, in the
first fiscal year for which the State receives
such funds;
(ii) not more than 85 percent of the cost
of each grant made under such sections, in the
second fiscal year for which the State receives
such funds;
(iii) not more than 80 percent of the cost
of each grant made under such sections, in the
third fiscal year for which the State receives
such funds; and
(iv) not more than 75 percent of the cost
of each grant made under such sections, in any
subsequent fiscal year for which the State
receives such funds.
(B) Non-federal share.--
(i) In general.--The State may provide the
non-Federal share of the cost in cash or in the
form of an in-kind contribution, fairly
evaluated by the Secretary.
(ii) In-kind contribution.--In this
subparagraph, the term ``in-kind contribution''
means payment of the costs of participation of
eligible child care providers in health
insurance programs or retirement programs.
(2) Child care provider health benefits coverage.--
(A) Federal share.--The Federal share of the cost
of carrying out activities under section 218, with
funds allotted under this section and distributed by
the Secretary to a State, shall be not more than 50
percent of such cost.
(B) Non-federal share.--The State may provide the
non-Federal share of the cost in cash or in kind,
fairly evaluated by the Secretary, including plant,
equipment, or services. The State shall provide the
non-Federal share directly or through donations from
public or private entities. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
share.
(g) Availability of Allotted Funds Distributed to States.--Of the
funds allotted under this section for activities described in sections
216 and 217 and distributed by the Secretary to a State for a fiscal
year--
(1) not less than 67.5 percent shall be available to the
State for grants under section 216;
(2) not less than 22.5 percent shall be available to the
State for grants under section 217; and
(3) not more than 10 percent shall be available to pay
administrative costs incurred by the State to carry out
activities described in sections 216 and 217.
(h) Definition.--For the purposes of subsections (a) through (e),
the term ``State'' includes only the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
SEC. 215. APPLICATION AND PLAN.
(a) Application.--To be eligible to receive a distribution of funds
allotted under section 214, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require by rule and shall include in
such application--
(1) a State plan that satisfies the requirements of
subsection (b); and
(2) assurances of compliance satisfactory to the Secretary
with respect to the requirements of section 218.
(b) Requirements of Plan.--
(1) Lead agency.--The State plan shall identify the lead
agency to make grants under this subtitle for the State.
(2) Recruitment and retention of child care providers.--The
State plan shall describe how the lead agency will encourage
both the recruitment of qualified child care providers who are
new to the child care field and the retention of qualified
child care providers who have a demonstrated commitment to the
child care field.
(3) Notification of availability of grants and benefits.--
The State plan shall describe how the lead agency will identify
all eligible child care providers in the State and notify the
providers of the availability of grants and benefits under this
subtitle.
(4) Distribution of grants.--The State plan shall describe
how the lead agency will make grants under sections 216 and 217
to eligible child care providers in selected geographical areas
in the State in compliance with the following requirements:
(A) Selection of geographical areas.--For the
purpose of making such grants for a fiscal year, the
State shall--
(i) select a variety of geographical areas,
determined by the State, that, collectively--
(I) include urban areas, suburban
areas, and rural areas; and
(II) are areas whose residents have
diverse income levels; and
(ii) give special consideration to
geographical areas selected under this
subparagraph for the preceding fiscal year.
(B) Selection of child care providers to receive
grants.--In making grants under section 216, the State
may make grants only to eligible child care providers
in geographical areas selected under subparagraph (A),
but may give special consideration in such areas to
eligible child care providers--
(i) who have attained a higher relevant
educational credential;
(ii) who provide a specific kind of child
care services;
(iii) who provide child care services to
populations who meet specific economic
characteristics; or
(iv) who meet such other criteria as the
State may establish.
(C) Limitation.--The State shall describe how the
State will ensure that grants made under section 216 to
child care providers will not be used to offset
reductions in the compensation of such providers.
(D) Reporting requirement.--With respect to each
particular geographical area selected under
subparagraph (A), the State shall provide an assurance
that the State will, for each fiscal year for which
such State receives a grant under section 216--
(i) include in the report required by
section 219, detailed information regarding--
(I) the continuity of employment of
the grant recipients as child care
providers with the same employer;
(II) with respect to each employer
that employed such a grant recipient,
whether such employer was accredited by
a recognized national or State
accrediting body during the period of
employment; and
(III) to the extent practicable and
available to the State, the rate and
frequency of employment turnover of
qualified child care providers
throughout such area,
during the 2-year period ending on the deadline
for submission of applications for grants under
section 216 for that fiscal year; and
(ii) provide a follow-up report, not later
than 90 days after the end of the succeeding
fiscal year that includes information
regarding--
(I) the continuity of employment of
the grant recipients as child care
providers with the same employer;
(II) with respect to each employer
that employed such a grant recipient,
whether such employer was accredited by
a recognized national or State
accrediting body during the period of
employment; and
(III) to the extent practicable and
available to the State, detailed
information regarding the rate and
frequency of employment turnover of
qualified child care providers
throughout such area,
during the 1-year period beginning on the date
on which the grant to the State was made under
section 216.
(5) Child care provider development and retention grant
program.--The State plan shall describe how the lead agency
will determine the amounts of grants to be made under section
216 in accordance with the following requirements:
(A) Sufficient amounts.--The State shall
demonstrate that the amounts of individual grants to be
made under section 216 will be sufficient--
(i) to encourage child care providers to
improve their qualifications; and
(ii) to retain qualified child care
providers in the child care field.
(B) Amounts to credentialed providers.--Such grants
made to eligible child care providers who have a child
development associate credential (or equivalent) and
who are employed full-time to provide child care
services shall be in an amount that is not less than
$1,000 per year.
(C) Amounts to providers with higher levels of
education.--The State shall make such grants in amounts
greater than $1,000 per year to eligible child care
providers who have higher levels of education than the
education required for a credential such as a child
development associate credential (or equivalent),
according to the following requirements:
(i) Providers with baccalaureate degrees in
relevant fields.--An eligible child care
provider who has a baccalaureate degree in the
area of child development or early child
education shall receive a grant under section
216 in an amount that is not less than twice
the amount of the grant that is made under
section 216 to an eligible child care provider
who has an associate of the arts degree in the
area of child development or early child
education.
(ii) Providers with associate degrees.--An
eligible child care provider who has an
associate of the arts degree in the area of
child development or early child education
shall receive a grant under section 216 in an
amount that is not less than 150 percent of the
amount of the grant that is made under section
216 to an eligible child care provider who has
a child development associate credential (or
equivalent) and is employed full-time to
provide child care services.
(iii) Other providers with baccalaureate
degrees.--
(I) In general.--Except as provided
in subclause (II), an eligible child
care provider who has a baccalaureate
degree in a field other than child
development or early child education
shall receive a grant under section 216
in an amount equal to the amount of the
grant that is made under section 216 to
an eligible child care provider who has
an associate of the arts degree in the
area of child development or early
child education.
(II) Exception.--If an eligible
child care provider who has such a
baccalaureate degree obtains additional
educational training in the area of
child development or early child
education, as specified by the State,
such provider shall receive a grant
under section 216 in an amount equal to
the amount of the grant that is made
under section 216 to an eligible child
care provider who has a baccalaureate
degree specified in clause (i).
(D) Amounts to full-time providers.--The State
shall make a grant under section 216 to an eligible
child care provider who works full-time in a greater
amount than the amount of the grant that is made under
section 216 to an eligible child care provider who
works part-time, based on the State definitions of
full-time and part-time work.
(E) Amounts to experienced providers.--The State
shall make grants under section 216 in progressively
larger amounts to eligible child care providers to
reflect the number of years worked as child care
providers.
(6) Distribution of child care provider scholarships.--The
State plan shall describe how the lead agency will make grants
for scholarships in compliance with section 217 and shall
specify the types of educational and training programs for
which the scholarship grants made under such section may be
used, including only programs that--
(A) are administered by institutions of higher
education that are eligible to participate in student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(B) lead to a State or nationally recognized
credential in the area of child development or early
child education, an associate of the arts degree in the
area of child development or early child education, or
a baccalaureate degree in the area of child development
or early child education.
(7) Employer contribution.--The State plan shall describe
how the lead agency will encourage employers of child care
providers to contribute to the attainment of education goals by
eligible child care providers who receive grants under section
217.
(8) Supplementation.--The State plan shall provide
assurances that amounts received by the State to carry out
sections 216, 217, and 218 will be used only to supplement, and
not to supplant, Federal, State, and local funds otherwise
available to support existing services and activities (as of
the date the amounts are used) that--
(A) encourage child care providers to improve their
qualifications and that promote the retention of
qualified child care providers in the child care field;
or
(B) provide health benefits coverage for child care
providers.
SEC. 216. CHILD CARE PROVIDER DEVELOPMENT AND RETENTION GRANT PROGRAM.
(a) In General.--A State that receives funds allotted under section
214 and made available to carry out this section shall expend such
funds to pay for the Federal share of the cost of making grants to
eligible child care providers in accordance with this section, to
improve the qualifications and promote the retention of qualified child
care providers.
(b) Eligibility To Receive Grants.--To be eligible to receive a
grant under this section, a child care provider shall--
(1) have a child development associate credential (or
equivalent), an associate of the arts degree in the area of
child development or early child education, a baccalaureate
degree in the area of child development or early child
education, or a baccalaureate degree in an unrelated field; and
(2) be employed as a child care provider for not less than
1 calendar year, or (if the provider is employed on the date of
the eligibility determination in a child care program that
operates for less than a full calendar year) the program
equivalent of 1 calendar year, ending on the date of the
application for such grant, except that not more than 3 months
of education related to child development or to early child
education obtained during the corresponding calendar year may
be treated as employment that satisfies the requirements of
this paragraph.
(c) Preservation of Eligibility.--A State shall not take into
consideration whether a child care provider is receiving, may receive,
or may be eligible to receive any funds or benefits under any other
provision of this subtitle for purposes of selecting eligible child
care providers to receive grants under this section.
SEC. 217. CHILD CARE PROVIDER SCHOLARSHIP PROGRAM.
(a) In General.--A State that receives funds allotted under section
214 and made available to carry out this section shall expend such
funds to pay for the Federal share of the cost of making scholarship
grants to eligible child care providers in accordance with this
section, to improve their educational qualifications to provide child
care services.
(b) Eligibility Requirement for Scholarship Grants.--To be eligible
to receive a scholarship grant under this section, a child care
provider shall be employed as a child care provider for not less than 1
calendar year, or (if the provider is employed on the date of the
eligibility determination in a child care program that operates for
less than a full calendar year) the program equivalent of 1 calendar
year, ending on the date of the application for such grant.
(c) Selection of Grantees.--For purposes of selecting eligible
child care providers to receive scholarship grants under this section
and determining the amounts of such grants, a State shall not--
(1) take into consideration whether a child care provider
is receiving, may receive, or may be eligible to receive any
funds or benefits under any other provision of this subtitle,
or under any other Federal or State law that provides funds for
educational purposes; or
(2) consider as resources of such provider any funds such
provider is receiving, may receive, or may be eligible to
receive under any other provision of this subtitle, under any
other Federal or State law that provides funds for educational
purposes, or from a private entity.
(d) Cost-Sharing Required.--The amount of a scholarship grant made
under this section to an eligible child care provider shall be less
than the cost of the educational or training program for which such
grant is made.
(e) Annual Maximum Scholarship Grant Amount.--The maximum aggregate
dollar amount of a scholarship grant made by a State to an eligible
child care provider under this section in a fiscal year shall be
$1,500.
SEC. 218. CHILD CARE PROVIDER HEALTH BENEFITS COVERAGE.
(a) Short Title.--This section may be cited as the ``Healthy Early
Education Workforce Grant Program Act''.
(b) Definition.--In this section, the terms ``dependent'',
``domestic partner'', and ``spouse'', used with respect to a State,
have the meanings given the terms by the State.
(c) General Authority.--A State that receives funds allotted under
section 214 and made available to carry out this section shall expend
such funds to pay for the Federal share of the cost of providing access
to affordable health benefits coverage for--
(1) eligible child care providers; and
(2) at the discretion of the State involved, the spouses,
domestic partners, and dependents of such providers.
(d) Permissible Activities.--In carrying out subsection (c), the
State may expend such funds for any of the following:
(1) To reimburse an employer of an eligible child care
provider, or the provider, for the employer's or provider's
share (or a portion of the share) of the premiums or other
costs for coverage under group or individual health plans.
(2) To offset the cost of enrolling eligible child care
providers in public health benefits plans, such as the medicaid
program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), the State children's health insurance program
under title XXI of such Act (42 U.S.C. 1397aa et seq.), or
public employee health benefit plans.
(3) To otherwise subsidize the cost of health benefits
coverage for eligible child care providers.
(e) Eligibility Criteria for Health Benefits Coverage.--The State
may establish criteria to limit the child care providers who may
receive benefits through the allotment.
(f) Selection of Grantees.--For purposes of selecting eligible
child care providers to receive benefits under this section for a
fiscal year, a State shall give--
(1) highest priority to--
(A) providers that meet any applicable criteria
established in accordance with subsection (e) and
received such assistance during the previous fiscal
year; and
(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers;
and
(2) second highest priority to--
(A) providers that meet any applicable criteria
established in accordance with subsection (e) and are
accredited by the National Association for the
Education of Young Children or the National Association
for Family Child Care; and
(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers.
SEC. 219. ANNUAL REPORT.
A State that receives funds appropriated to carry out this subtitle
for a fiscal year shall submit to the Secretary, not later than 90 days
after the end of such fiscal year, a report--
(1) specifying the uses for which the State expended such
funds, and the aggregate amount of funds (including State
funds) expended for each of such uses; and
(2) containing available data relating to grants made and
benefits provided with such funds, including--
(A) the number of eligible child care providers who
received such grants and benefits;
(B) the amounts of such grants and benefits;
(C) any other information that describes or
evaluates the effectiveness of this subtitle;
(D) the particular geographical areas selected
under section 215 for the purpose of making such
grants;
(E) with respect to grants made under section 216--
(i) the number of years grant recipients
have been employed as child care providers;
(ii) the level of training and education of
grant recipients;
(iii) to the extent practicable and
available to the State, detailed information
regarding the salaries and other compensation
received by grant recipients to provide child
care services before, during, and after
receiving such grants;
(iv) the number of children who received
child care services provided by grant
recipients;
(v) information on family demographics of
such children;
(vi) the types of settings described in
subparagraphs (A), (B), and (C) of section
212(1) in which grant recipients are employed;
and
(vii) the ages of the children who received
child care services provided by grant
recipients;
(F) with respect to grants made under section 217--
(i) the number of years grant recipients
have been employed as child care providers;
(ii) the level of training and education of
grant recipients;
(iii) to the extent practicable and
available to the State, detailed information
regarding the salaries and other compensation
received by grant recipients to provide child
care services before, during, and after
receiving such grants;
(iv) the types of settings described in
subparagraphs (A), (B), and (C) of section
212(1) in which grant recipients are employed;
(v) the ages of the children who received
child care services provided by grant
recipients;
(vi) the number of course credits or
credentials obtained by grant recipients; and
(vii) the amount of time taken for
completion of the educational and training
programs for which such grants were made; and
(G) such other information as the Secretary may
require by rule.
SEC. 220. EVALUATION OF HEALTH BENEFITS PROGRAMS BY SECRETARY.
(a) Evaluation.--The Secretary shall conduct an evaluation of
several State programs carried out with grants made under section 218,
representing various approaches to raising the rate of child care
providers with health benefits coverage.
(b) Assessment of Impacts.--In evaluating State programs under
subsection (a), the Secretary may consider any information appropriate
to measure the success of the programs, and shall assess the impact of
the programs on the following:
(1) The rate of child care providers with health benefits
coverage.
(2) The take-up rate by eligible child care providers.
(3) The turnover rate in the child care field.
(4) The average wages paid to a child care provider.
(c) Report.--Not later than 3 years after the date of enactment of
this subtitle, the Secretary shall prepare and submit a report to
Congress containing the results of the evaluation conducted under
subsection (a), together with recommendations for strengthening
programs carried out with grants made under section 218.
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
(a) Child Care Provider Development, Retention, and Scholarships.--
There are authorized to be appropriated to carry out the activities
described in sections 216 and 217 $500,000,000 for fiscal year 2012 and
such sums as may be necessary for each of fiscal years 2012 through
2016.
(b) Child Care Provider Health Benefits Coverage.--There is
authorized to be appropriated to carry out the activities described in
section 218 $200,000,000 for fiscal year 2011 and such sums as may be
necessary for each of fiscal years 2012 through 2016.
Subtitle C--Child Care Facilities Financing
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Child Care Facilities Financing
Act''.
SEC. 232. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS.
(a) Grant Authority.--The Secretary may make grants on a
competitive basis to eligible entities in accordance with this section.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require by
rule.
(2) Requirements.--The Secretary shall issue rules that
take into account the experience and success of eligible
entities in attracting private financing and carrying out the
types of activities for which grants under subsection (a) are
made.
(c) Priority.--In making grants under subsection (a), the Secretary
shall give priority to an applicant--
(1) that has demonstrated experience--
(A) providing technical or financial assistance for
the acquisition, construction, or renovation of child
care facilities;
(B) providing technical, financial, or managerial
assistance to eligible child care providers; and
(C) securing private sources of capital financing
for child care or other low-income community
development; and
(2) whose application proposes to assist eligible
recipients that serve--
(A) low-income areas, including--
(i) a community that--
(I) is in a metropolitan area; and
(II) has a median household income
that is not more than 80 percent of the
median household income of the
metropolitan area; or
(ii) a community that--
(I) is not in a metropolitan area;
and
(II) has a median income that is
not more than 80 percent of the median
household income of the State in which
the community is located; or
(B) low-income individuals, including eligible
children.
(d) Use of Funds.--
(1) Capital fund.--Each eligible entity that receives a
grant under subsection (a) shall deposit the grant amount into
a child care capital fund established by the eligible entity.
(2) Payments from funds.--Each eligible entity shall
provide technical or financial assistance (in the form of
loans, grants, investments, guarantees, interest subsidies, and
other appropriate forms of assistance) to eligible recipients
from the child care capital fund it establishes to pay for--
(A) the acquisition, construction, or improvement
of child care facilities;
(B) equipment for child care facilities; or
(C) technical assistance to eligible child care
providers to help them undertake facilities improvement
and expansion projects.
(3) Loan repayments and investment proceeds.--An eligible
entity that receives a loan repayment or investment proceeds
from an eligible recipient shall deposit such repayment or
proceeds into the child care capital fund of the eligible
entity for use in accordance with this section.
(4) Application.--To obtain assistance from an eligible
entity, an eligible recipient shall prepare and submit an
application to an eligible entity at such time, in such form,
and containing such information as the eligible entity may
require.
SEC. 233. DEFINITIONS.
As used in this subtitle:
(1) Child care facility.--The term ``child care facility''
means a structure used for the care and development of eligible
children.
(2) Child care services.--The term ``child care services''
means child care and early childhood education.
(3) Community development financial institution.--The term
``community development financial institution'' has the meaning
given such term in section 103(5) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702(5)).
(4) Eligible child care provider.--The term ``eligible
child care provider'' has the meaning given such term in
section 658P of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858n).
(5) Eligible child.--The term ``eligible child'' has the
meaning given such term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a community development financial institution
certified by the Department of Treasury; or
(B) an organization that--
(i) is described in section 501(c)(3) of
the Internal Revenue Code of 1986;
(ii) is exempt from taxation under section
501(a) of such Code; and
(iii) has demonstrated experience in--
(I) providing technical or
financial assistance for the
acquisition, construction, or
renovation of child care facilities;
(II) providing technical,
financial, or managerial assistance to
eligible child care providers; and
(III) securing private sources of
capital financing for child care or
other low-income community development.
(7) Eligible recipient.--The term ``eligible recipient''
means--
(A) an eligible child care provider that provides
child care services to an eligible child;
(B) an organization seeking to provide child care
services to an eligible child; or
(C) an organization providing or seeking to provide
child care services to low-income children as
determined by the Secretary.
(8) Equipment.--The term ``equipment'' includes--
(A) machinery, utilities, and built-in equipment,
and any necessary structure to house them; and
(B) any other items necessary for the functioning
of a child care facility, including furniture, books,
and program materials.
(9) Metropolitan area.--The term ``metropolitan area'' has
the meaning given such term in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$50,000,000 for each of the fiscal years 2012 through 2016.
Subtitle D--Business Child Care Incentive Grant Program
SEC. 241. BUSINESS CHILD CARE INCENTIVE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
program to award grants to States, on a competitive basis, to assist
States in providing funds to encourage the establishment and operation
of employer operated child care programs.
(b) Application.--To be eligible to receive a grant under this
section, a State shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including an assurance that
the funds required under subsection (e) will be provided.
(c) Amount of Grant.--The Secretary shall determine the amount of a
grant to a State under this section based on the population of children
less than 5 years of age in the State as compared to the population of
all States receiving grants under this section.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to
businesses located in the State to enable the businesses to
establish and operate child care programs. Such assistance may
include--
(A) technical assistance in the establishment of a
child care program;
(B) assistance for the startup costs related to a
child care program;
(C) assistance for the training of child care
providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick
children or to provide care to school aged children;
(F) the entering into of contracts with local
resource and referral or local health departments;
(G) assistance for care for children with
disabilities; or
(H) assistance for any other activity determined
appropriate by the State.
(2) Application.--To be eligible to receive assistance from
a State under this section, a business shall prepare and submit
to the State an application at such time, in such manner, and
containing such information as the State may require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to applicants that
desire to form a consortium to provide child care in a
geographic area within the State where such care is not
generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A),
a consortium shall be made up of 2 or more entities
that may include businesses, nonprofit agencies or
organizations, local governments, or other appropriate
entities.
(4) Limitation.--With respect to grant funds received under
this section, a State may not provide in excess of $100,000 in
assistance from such funds to any single applicant.
(e) Matching Requirement.--To be eligible to receive a grant under
this section a State shall provide assurances to the Secretary that,
with respect to the costs to be incurred by an entity receiving
assistance in carrying out activities under this section, the entity
will make available (directly or through donations from public or
private entities) non-Federal contributions to such costs in an amount
equal to--
(1) for the first fiscal year in which the entity receives
such assistance, not less than 50 percent of such costs ($1 for
each $1 of assistance provided to the entity under the grant);
(2) for the second fiscal year in which the entity receives
such assistance, not less than 66\2/3\ percent of such costs
($2 for each $1 of assistance provided to the entity under the
grant); and
(3) for the third fiscal year in which the entity receives
such assistance, not less than 75 percent of such costs ($3 for
each $1 of assistance provided to the entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section a child care
provider shall comply with all applicable State and local licensing and
regulatory requirements and all applicable health and safety standards
in effect in the State.
(g) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the State
under this section and for monitoring entities that receive
assistance under such grant.
(2) Audits.--A State shall require each entity receiving
assistance under the grant awarded under this section to
conduct an annual audit with respect to the activities of the
entity. Such audits shall be submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an
audit or otherwise, that an entity receiving assistance
under a grant awarded under this section has misused
the assistance, the State shall notify the Secretary of
the misuse. The Secretary, upon such a notification,
may seek from such an entity the repayment of an amount
equal to the amount of any such misused assistance plus
interest.
(B) Appeals process.--The Secretary shall by
regulation provide for an appeals process with respect
to repayments under this paragraph.
(h) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine--
(i) the capacity of entities to meet the
child care needs of communities within States;
(ii) the kinds of partnerships that are
being formed with respect to child care at the
local level to carry out programs funded under
this section; and
(iii) who is using the programs funded
under this section and the income levels of
such individuals.
(B) Report.--Not later than 28 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine the number of child care facilities funded
through entities that received assistance through a
grant awarded under this section that remain in
operation and the extent to which such facilities are
meeting the child care needs of the individuals served
by such facilities.
(B) Report.--Not later than 52 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(i) Definition.--In this section, the term ``business'' means an
employer who employed an average of at least 2 employees on business
days during the preceding calendar year.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $60,000,000 for the period of fiscal
years 2012 through 2016.
(2) Evaluations and administration.--With respect to the
total amount appropriated for such period in accordance with
this subsection, not more than $5,000,000 of that amount may be
used for expenditures related to conducting evaluations
required under, and the administration of, this section.
(k) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2017.
TITLE III--PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL ASSISTANCE
Subtitle A--Universal Prekindergarten Act
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Universal Prekindergarten
Act''.
SEC. 302. PURPOSE.
The purpose of this subtitle is to ensure that all children 3, 4,
and 5 years old have access to a high-quality full-day, full-calendar-
year prekindergarten program by providing grants to States to assist in
developing a universal prekindergarten program that is voluntary and
free-of-charge.
SEC. 303. PREKINDERGARTEN GRANT PROGRAM AUTHORIZATION.
The Secretary of Health and Human Services, in consultation with
the Secretary of Education, shall provide grants to an agency
designated by each State (hereafter in this subtitle referred to as the
``designated State agency'') for the development of high-quality full-
day, full-calendar-year universal prekindergarten programs for all
children 3, 4, and 5 years old in the State.
SEC. 304. STATE REQUIREMENTS.
(a) State Matching Funds.--Federal funds made available to a
designated State agency under this subtitle shall be matched at least
20 percent by State funds.
(b) State Application.--To be eligible to receive funds under this
subtitle, a designated State agency shall submit an application at such
time, in such manner, and containing such information as the Secretary
of Health and Human Services may require. The application shall include
the following:
(1) How the designated State agency, in overseeing the
State's universal prekindergarten program, will coordinate with
other State agencies responsible for early childhood education
and health programs.
(2) A State plan to establish and implement a statewide
universal prekindergarten program, in accordance with
subsection (c).
(c) State Plan.--The State plan required under subsection (b)(2)
shall include each of the following:
(1) A description of the universal prekindergarten program
that will be established and how it will support children's
cognitive, social, emotional, and physical development.
(2) A statement of the goals for universal prekindergarten
programs and how program outcomes will be measured.
(3) A description of--
(A) how funding will be distributed to eligible
prekindergarten program providers based on the need for
early childhood education in each geographical area
served by such providers; and
(B) how the designated State agency will involve
representatives of early childhood program providers
(including child care providers, Head Start programs,
and State and local agencies) that sponsor programs
addressing children 3, 4, and 5 years old.
(4) A description of how the designated State agency will
coordinate with existing State-funded prekindergarten programs,
federally funded programs (such as Head Start programs), public
school programs, and child care providers.
(5) A description of how an eligible prekindergarten
program provider may apply to the designated State agency for
funding under this Act.
(6) A plan to address the shortages of qualified early
childhood education teachers, including how to increase such
teachers' compensation to be comparable to that of public
school teachers.
(7) How the designated State agency will provide ongoing
professional development opportunities to help increase the
number of teachers in early childhood programs who meet the
State's education or credential requirements for
prekindergarten teachers.
(8) A plan to address how the universal prekindergarten
program will meet the needs of children with disabilities,
limited English proficiency, and other special needs.
(9) A plan to provide transportation to children to and
from the universal prekindergarten program.
(10) A description of how the State will provide the 20
percent match of Federal funds.
(d) Administration.--A designated State agency may not use more
than 5 percent of a grant under this subtitle for costs associated with
State administration of the program under this subtitle.
SEC. 305. LOCAL REQUIREMENTS.
(a) In General.--An eligible prekindergarten program provider
receiving funding under this subtitle shall--
(1) maintain a maximum class size of 20 children;
(2) maintain a ratio of not more than 10 children for each
member of the teaching staff;
(3)(A) ensure that all prekindergarten teachers meet the
requirements for teachers at a State-funded prekindergarten
program under an applicable State law; and
(B) document that the State is demonstrating significant
progress in assisting prekindergarten teachers on working
toward a bachelor of arts degree with training in early
childhood development or early childhood education;
(4)(A) be accredited by a national organization with
demonstrated experience in accrediting prekindergarten
programs; or
(B) provide assurances that it shall obtain such
accreditation not later than 3 years after first receiving
funding under this subtitle; and
(5) meet applicable State and local child care licensing
health and safety standards.
(b) Local Application.--Eligible prekindergarten program providers
desiring to receive funding under this subtitle shall submit an
application to the designated State agency overseeing funds under this
subtitle containing the following:
(1) A description of the prekindergarten program.
(2) A statement of the demonstrated need for a program, or
an enhanced or expanded program, in the area served by the
eligible prekindergarten program provider.
(3) A description of the age-appropriate and
developmentally appropriate educational curriculum to be
provided that will help children be ready for school and assist
them in the transition to kindergarten.
(4) A description of how the eligible prekindergarten
program provider will collaborate with existing community-based
child care providers and Head Start programs.
(5) A description of how students and families will be
assisted in obtaining supportive services available in their
communities.
(6) A plan to promote parental involvement in the
prekindergarten program.
(7) A description of how teachers will receive ongoing
professional development in early childhood development and
education.
(8) An assurance that prekindergarten programs receiving
funds under this subtitle provide the data required in section
7(c).
SEC. 306. PROFESSIONAL DEVELOPMENT SET-ASIDE.
(a) In General.--A designated State agency may set aside up to 5
percent of a grant under this subtitle for ongoing professional
development activities for teachers and staff at prekindergarten
programs that wish to participate in the universal prekindergarten
grant program under this subtitle. A designated State agency using the
set-aside for professional development must include in its application
the following:
(1) A description of how the designated State agency will
ensure that eligible prekindergarten program providers in a
range of settings (including child care providers, Head Start
programs, and schools) will participate in the professional
development programs.
(2) An assurance that, in developing its application and in
carrying out its program, the professional development provider
has consulted, and will consult, with relevant agencies, early
childhood organizations, early childhood education experts, and
early childhood program providers.
(3) A description of how the designated State agency will
ensure that the professional development is ongoing and
accessible to educators in all geographic areas of the State,
including by the use of advanced educational technologies.
(4) A description of how the designated State agency will
ensure that such set-aside funds will be used to pay the cost
of additional education and training.
(5) A description of how the designated State agency will
work with other agencies and institutions of higher education
to provide scholarships and other financial assistance to
prekindergarten staff.
(6) A description of how the State educational agency will
provide a financial incentive, such as a financial stipend or a
bonus, to educators who participate in and complete such
professional development.
(7) A description of how the professional development
activities will be carried out, including the following:
(A) How programs and educators will be selected to
participate.
(B) How professional development providers will be
selected, based on demonstrated experience in providing
research-based professional development to early
childhood educators.
(C) The types of research-based professional
development activities that will be carried out in all
domains of children's physical, cognitive, social, and
emotional development and on early childhood pedagogy.
(D) How the program will train early childhood
educators to meet the diverse educational needs of
children in the community, especially children who have
limited English proficiency, disabilities, and other
special needs.
(E) How the program will coordinate with and build
upon, but not supplant or duplicate, early childhood
education professional development activities that
exist in the community.
(b) Uses of Funds.--Funds set aside under this section may be used
for ongoing professional development--
(1) to provide prekindergarten teachers and staff with the
knowledge and skills for the application of recent research on
child cognitive, social, emotional, and physical development,
including language and literacy development, and on early
childhood pedagogy;
(2) to provide the cost of education needed to obtain a
credential or degree with specific training in early childhood
development or education;
(3) to work with children who have limited English
proficiency, disabilities, and other special needs; and
(4) to select and use developmentally appropriate screening
and diagnostic assessments to improve teaching and learning and
make appropriate referrals for services to support
prekindergarten children's development and learning.
SEC. 307. REPORTING.
(a) Report by Secretary.--For each year in which funding is
provided under this subtitle, the Secretary of Health and Human
Services shall submit an annual report to the Congress on the
implementation and effectiveness of the universal prekindergarten
program under this subtitle.
(b) Report by Designated State Agency.--Each designated State
agency that provides grants to eligible prekindergarten program
providers under this subtitle shall submit to the Secretary an annual
report on the implementation and effectiveness of the programs in the
State supported under this subtitle. Such report shall contain such
additional information as the Secretary may reasonably require.
(c) Report by Grant Recipient.--Each eligible prekindergarten
program provider that receives a grant under this subtitle shall submit
to the designated State agency an annual report that includes, with
respect to the program supported by such grant, the following:
(1) A description of the type of program and a statement of
the number and ages of children served by the program, as well
as the number and ages of children with a disability or a
native language other than English.
(2) A description of the qualifications of the program
staff and the type of ongoing professional development provided
to such staff.
(3) A statement of all sources of Federal, State, local,
and private funds received by the program.
(4) A description of the curricula, materials, and
activities used by the program to support early childhood
development and learning.
(5) Such other information as the designated State agency
may reasonably require.
SEC. 308. FEDERAL FUNDS SUPPLEMENTARY.
Funds made available under this subtitle may not be used to
supplant other Federal, State, local, or private funds that would, in
the absence of such Federal funds, be made available for the program
assisted under this subtitle.
SEC. 309. DEFINITIONS.
In this subtitle:
(1) The term ``eligible prekindergarten program provider''
means a prekindergarten program provider that is--
(A) a school;
(B) supported, sponsored, supervised, or carried
out by a local educational agency;
(C) a Head Start program; or
(D) a child care provider.
(2) The term ``prekindergarten program'' means a program
serving children 3, 4, and 5 years old that supports children's
cognitive, social, emotional, and physical development and
helps prepare those children for the transition to
kindergarten.
(3) The term ``local educational agency'' has the meaning
given that term in the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
(4) The term ``prekindergarten teacher'' means an
individual who has received, or is working toward, a bachelor
of arts degree in early childhood education.
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $10,000,000,000 for fiscal year 2012;
(2) $20,000,000,000 for fiscal year 2013;
(3) $30,000,000,000 for fiscal year 2014;
(4) $40,000,000,000 for fiscal year 2015; and
(5) $50,000,000,000 for fiscal year 2016.
Subtitle B--Universal Free School Breakfast Program
SEC. 311. UNIVERSAL FREE SCHOOL BREAKFAST PROGRAM.
(a) Free Breakfast and Universal Eligibility.--Section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended to read as
follows:
``SEC. 4. SCHOOL BREAKFAST PROGRAM AUTHORIZATION.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to enable the Secretary to
carry out a program to assist States and the Department of Defense to
initiate, maintain, or expand nonprofit breakfast programs to provide
free breakfasts to school children without regard to family income in
all schools which make application for participation and agree to carry
out a nonprofit free breakfast program in accordance with this Act.
Appropriations and expenditures for this Act shall be considered Health
and Human Services functions for budget purposes rather than functions
of Agriculture.
``(b) Apportionment to States.--
``(1)(A) In general.--The Secretary shall make breakfast
payments to each State educational agency each fiscal year, at
such times as the Secretary may determine, from the sums
appropriated for such purpose, in an amount equal to the
product obtained by multiplying--
``(i) the number of breakfasts served free during
such fiscal year to children in schools in such States
which participate in the school breakfast program under
agreements with such State educational agency; by
``(ii) the national breakfast payment as prescribed
in paragraph (2) of this subsection.
``(B) Agreements.--The agreements described in subparagraph
(A)(i) shall be permanent agreements that may be amended as
necessary. Nothing in the preceding sentence shall be construed
to limit the ability of the State educational agency to suspend
or terminate any such agreement in accordance with regulations
prescribed by the Secretary.
``(2) National breakfast payment.--The national payment for
each breakfast shall be $1.40 (as adjusted each July 1 pursuant
to section 11(a)(3)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(3)(B))).
``(3) Limitation.--No breakfast payment may be made under
this subsection for any breakfast served by a school unless
such breakfast consists of a combination of foods which meet
the minimum nutritional requirements prescribed by the
Secretary under subsection (e) of this section.
``(4) Nutrition quality adjustment.--The Secretary shall
increase by 6 cents the annually adjusted payment for each
breakfast served under this Act and section 17 of the Richard
B. Russell National School Lunch Act. These funds shall be used
to assist States, to the extent feasible, in improving the
nutritional quality of the breakfasts.
``(5) Agricultural commodities.--Notwithstanding any other
provision of law, whenever stocks of agricultural commodities
are acquired by the Secretary or the Commodity Credit
Corporation and are not likely to be sold by the Secretary or
the Commodity Credit Corporation or otherwise used in programs
of commodity sale or distribution, the Secretary shall make
such commodities available to school food authorities and
eligible institutions serving breakfasts under this Act in a
quantity equal in value to not less than 3 cents for each
breakfast served under this Act.
``(6) Effect on expenditures.--Expenditures of funds from
State and local sources for the maintenance of the breakfast
program shall not be diminished as a result of funds or
commodities received under paragraph (4) or (5).
``(c) State Disbursement to Schools.--Funds paid to any State
during any fiscal year for the purpose of this section shall be
disbursed by the State educational agency, in accordance with such
agreements approved by the Secretary as may be entered into by such
State agency and the schools in the State, to those schools in the
State which the State educational agency, determines are eligible to
participate in the school breakfast program.
``(d) Participation by Schools.--
``(1) Requirements for participation.--To be eligible to
participate in the school breakfast program under this section,
a school food authority shall--
``(A) agree to serve all breakfasts at no charge to
all students who wish to participate without regard to
family income in all participating schools; and
``(B) meet all other requirements that the
Secretary may reasonably establish.
``(2) Start-up assistance.--The Secretary is authorized to
provide additional assistance to schools not participating in
the school breakfast program prior to the enactment of the
Family and Workplace Balancing Act of 2011 in order to assist
such schools to begin participation in the school breakfast
program under this section.
``(3) State educational agency assistance.--Each State
educational agency shall assist schools not participating in
the school breakfast program prior to the enactment of the
Family and Workplace Balancing Act of 2011 to enter into
agreements with such agencies in order to participate in the
school breakfast program under this section.
``(e) Nutritional and Other Program Requirements.--
``(1) Minimum nutritional requirements.--Breakfasts served
by schools participating in the school breakfast program under
this section shall consist of a combination of foods and shall
meet minimum nutritional requirements prescribed by the
Secretary on the basis of tested nutritional research, except
that the minimum nutritional requirements shall be measured by
not less than the weekly average of the nutrient content of
school breakfasts.
``(2) Technical assistance and training.--The Secretary
shall provide through State educational agencies technical
assistance and training, including technical assistance and
training in the preparation of foods high in complex
carbohydrates and lower-fat versions of foods commonly used in
the school breakfast program established under this section, to
schools participating in the school breakfast program to assist
the schools in complying with the nutritional requirements
prescribed by the Secretary pursuant to paragraph (1) and in
providing appropriate meals to children with medically
certified special dietary needs.
``(3) Option versus serve.--At the option of a local school
food authority, a student in a school under the authority that
participates in the school breakfast program under this Act may
be allowed to refuse not more than one item of a breakfast that
the student does not intend to consume. A refusal of an offered
food item shall not affect the amount of payments made under
this Act to a school for the breakfast.''.
(b) Technical Amendments.--
(1) Child nutrition act of 1966.--Section 20 of the Child
Nutrition Act of 1966 (42 U.S.C. 1789) is amended by striking
subsection (b) and redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(2) Richard b. russell national school lunch act.--The
Richard B. Russell National School Lunch Act is amended--
(A) in section 11(a)(1)--
(i) in subparagraph (C), by striking ``or
breakfasts'' each place it appears;
(ii) in subparagraph (C)(i)(I), by striking
``or in the case of a school'' and all that
follows through ``4 successive school years'';
(iii) in subparagraph (D)(iii), by striking
``, or for free and reduced price lunches and
breakfasts,'';
(iv) in subparagraph (D)(iv), by striking
``or school breakfast'';
(v) in subparagraph (E)(i)(I), by striking
``or in the case of a school'' and all that
follows through ``4 successive school years'';
and
(vi) in subparagraph (E)(i)(II)--
(I) by striking ``or breakfasts''
both places it appears; and
(II) by striking ``or school
breakfast'';
(B) in section 11(a)(3)(A)--
(i) by striking clause (iii); and
(ii) by redesignating clause (iv) as clause
(iii);
(C) in section 13(a)(1)(C), by striking ``or
breakfasts''; and
(D) in section 17--
(i) in subsection (c), by striking
paragraph (2), and redesignating paragraphs (3)
through (6) as paragraphs (2) through (5),
respectively; and
(ii) in subsection (f)(3)(E)(ii)(I), by
striking ``meals'' and inserting ``lunches''.
Subtitle C--Afterschool Education Enhancement Act
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Afterschool Education
Enhancement Act''.
SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COMMUNITY LEARNING CENTERS.
Part B of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7171 et seq.) is amended--
(1) in subsection (a) of section 4203--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) through (14) as
paragraphs (3) through (13), respectively; and
(2) in section 4204--
(A) in paragraph (2) of subsection (b)--
(i) by striking subparagraph (F); and
(ii) by redesignating subparagraphs (G)
through (N) as subparagraphs (F) through (M),
respectively; and
(B) by amending paragraph (1) of subsection (i) to
read as follows:
``(1) In general.--In awarding grants under this part, a
State educational agency shall give priority to applications
submitted jointly by eligible entities consisting of not less
than--
``(A) 1 local educational agency receiving funds
under part A of title I; and
``(B) 1 community-based organization or other
public or private entity.''.
TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES
Subtitle A--Part-Time and Temporary Workers Benefits
SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER
PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING
PENSION PLANS.
(a) Participation Rules.--
(1) In general.--Section 202(a)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3))
is amended by adding at the end the following new subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the 12-month period referred to in
subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(2) Conforming amendment.--Section 204(b)(1)(E) of such Act
(29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section
202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of
section 202(a)(3)''.
(b) Vesting Rules.--
(1) In general.--Section 203(b)(2) of such Act (29 U.S.C.
1053(b)(2)) is amended by adding at the end the following new
subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(2) 1-year breaks in service.--Section 203(b)(3) of such
Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the
following new subparagraph:
``(F)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 250 hours of service within such period shall be treated
as completion of 500 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(c) Accrual Rules.--Section 204(b)(4)(C) of such Act (29 U.S.C.
1054(b)(4)(C)) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following new clauses:
``(ii) For purposes of this subparagraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to clause (i)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(iii) For purposes of clause (ii), the extent to which employment
in any type of position customarily constitutes less than 1,000 hours
of service per year shall be determined with respect to each pension
plan in accordance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances peculiar to the
work-force constituting the participants in such plan.''.
SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER
GROUP HEALTH PLANS.
(a) In General.--Part 2 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended--
(1) by redesignating section 211 (29 U.S.C. 1061) as
section 212; and
(2) by inserting after section 210 (29 U.S.C. 1060) the
following new section:
``SEC. 211. TREATMENT OF PART-TIME WORKERS UNDER GROUP HEALTH PLANS.
``(a) In General.--A reduction in the employer-provided premium
under a group health plan with respect to any employee for any period
of coverage solely because the employee's customary employment is less
than full-time may be provided under such plan only if the employee is
described in subsection (b) and only to the extent permitted under
subsection (c).
``(b) Reductions Applicable to Employees Working Less Than Full-
Time.--
``(1) In general.--An employee is described in this
subsection if such employee, as of the beginning of the period
of coverage referred to in subsection (a)--
``(A) has customarily completed less than 30 hours
of service per week, or
``(B) is employed in a type of position in which
employment customarily constitutes less than 30 hours
of service per week.
``(2) Regulations.--For purposes of paragraph (1), whether
employment in any type of position customarily constitutes less
than 30 hours of service per week shall be determined with
respect to each group health plan in accordance with such
regulations as the Secretary may prescribe providing for
consideration of facts and circumstances peculiar to the work-
force constituting the participants in such plan.
``(c) Amount of Permissible Reduction.--The employer-provided
premium under a group health plan with respect to any employee for any
period of coverage, after the reduction permitted under subsection (a),
shall not be less than a ratable portion of the employer-provided
premium which would be provided under such plan for such period of
coverage with respect to an employee who completes 30 hours of service
per week.
``(d) Definitions.--For purposes of this section--
``(1) Group health plan.--The term `group health plan' has
the meaning provided such term in section 607(1).
``(2) Employer-provided premium.--
``(A) In general.--The term `employer-provided
premium' under a plan for any period of coverage means
the portion of the applicable premium under the plan
for such period of coverage which is attributable under
the plan to employer contributions.
``(B) Applicable premium.--For purposes of
subparagraph (A), in determining the applicable premium
of a group health plan, principles similar to the
principles applicable under section 604 shall apply.''.
(b) Conforming Amendments.--
(1) Section 201(1) of such Act (29 U.S.C. 1051(1)) is
amended by inserting ``, except with respect to section 211''
before the semicolon.
(2) The table of contents in section 1 of such Act is
amended by striking the item relating to section 211 and
inserting the following new items:
``211. Treatment of part-time workers under group health plans.
``212. Effective date.''.
SEC. 403. EXPANSION OF DEFINITION OF EMPLOYEE TO INCLUDE CERTAIN
INDIVIDUALS WHOSE SERVICES ARE LEASED OR CONTRACTED FOR.
Paragraph (6) of section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(6)) is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following new subparagraph:
``(B) Such term includes, with respect to any employer, any person
who is not an employee (within the meaning of subparagraph (A)) of such
employer and who provides services to such employer, if--
``(i) such person has (pursuant to an agreement with such
employer or any other person) performed such services for such
employer (or for such employer and related persons (within the
meaning of section 144(a)(3) of the Internal Revenue Code of
1986)) for a period of at least 1 year (6 months in the case of
core health benefits) at the rate of at least 500 hours of
service per year, and
``(ii) such services are of a type historically performed,
in the business field of the employer, by employees (within the
meaning of subparagraph (A)).''.
SEC. 404. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall apply with respect to plan years
beginning on or after January 1, 2012.
(b) Special Rule for Collectively Bargained Plans.--In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more employers
ratified on or before the date of the enactment of this Act, subsection
(a) shall be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ``January 1, 2012'' the date
of the commencement of the first plan year beginning on or after the
earlier of--
(1) the later of--
(A) January 1, 2012, or
(B) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after the date of the
enactment of this Act), or
(2) January 1, 2014.
(c) Plan Amendments.--If any amendment made by this subtitle
requires an amendment to any plan, such plan amendment shall not be
required to be made before the first plan year beginning on or after
January 1, 2012, if--
(1) during the period after such amendment made by this Act
takes effect and before such first plan year, the plan is
operated in accordance with the requirements of such amendment
made by this subtitle, and
(2) such plan amendment applies retroactively to the period
after such amendment made by this subtitle takes effect and
such first plan year.
A plan shall not be treated as failing to provide definitely
determinable benefits or contributions, or to be operated in accordance
with the provisions of the plan, merely because it operates in
accordance with this subsection.
Subtitle B--United States Business Telework Act
SEC. 411. SHORT TITLE.
This subtitle may be cited as the ``United States Business Telework
Act''.
SEC. 412. TELEWORK PILOT PROGRAM.
(a) Program.--In accordance with this subtitle, the Secretary of
Labor shall conduct, in not more than 5 States, a pilot program to
raise awareness about telework among employers and to encourage such
employers to offer telework options to employees.
(b) Permissible Activities.--In carrying out the pilot program, the
Secretary is encouraged to--
(1) produce educational materials and conduct presentations
designed to raise awareness of the benefits and the ease of
telework;
(2) conduct outreach to businesses that are considering
offering telework options;
(3) acquire telework technologies and equipment to be used
for demonstration purposes; and
(4) ensure that expectant and new mothers who are employed
by businesses that participate in the pilot program are given
the option to telework during the 1-year period after the date
of birth.
SEC. 413. REPORT TO CONGRESS.
Not later than 2 years after the first date on which funds are
appropriated to carry out this subtitle, the Secretary shall transmit
to the Congress a report containing the results of an evaluation of the
pilot program and any recommendations as to whether the pilot program,
with or without modification, should be expanded.
SEC. 414. DEFINITION.
In this subtitle, the term ``telework'' means the performance of
any portion of work functions by an employee outside the normal place
of business under circumstances which reduce or eliminate the need to
commute.
SEC. 415. TERMINATION.
The pilot program shall terminate 2 years after the first date on
which funds are appropriated to carry out this subtitle.
SEC. 416. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 to carry out this
subtitle.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy .
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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