[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed Amendment Senate (EAS)]

<DOC>

103d CONGRESS

  1st Session

                                H. R. 1

_______________________________________________________________________

                               AMENDMENT
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    

                  In the Senate of the United States,

                         February 4 (legislative day, January 5), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
1) entitled ``An Act to grant family and temporary medical leave under 
certain circumstances'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Family and Medical 
Leave Act of 1993''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
                TITLE I--GENERAL REQUIREMENTS FOR LEAVE

Sec. 101. Definitions.
Sec. 102. Leave requirement.
Sec. 103. Certification.
Sec. 104. Employment and benefits protection.
Sec. 105. Prohibited acts.
Sec. 106. Investigative authority.
Sec. 107. Enforcement.
Sec. 108. Special rules concerning employees of local educational 
                            agencies.
Sec. 109. Notice.
              TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES

Sec. 201. Leave requirement.
                     TITLE III--COMMISSION ON LEAVE

Sec. 301. Establishment.
Sec. 302. Duties.
Sec. 303. Membership.
Sec. 304. Compensation.
Sec. 305. Powers.
Sec. 306. Termination.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Effect on other laws.
Sec. 402. Effect on existing employment benefits.
Sec. 403. Encouragement of more generous leave policies.
Sec. 404. Regulations.
Sec. 405. Effective dates.
              TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES

Sec. 501. Leave for certain Senate employees.
Sec. 502. Leave for certain House employees.
                      TITLE VI--SENSE OF CONGRESS

Sec. 601. Sense of Congress.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the number of single-parent households and two-parent 
        households in which the single parent or both parents work is 
        increasing significantly;
            (2) it is important for the development of children and the 
        family unit that fathers and mothers be able to participate in 
        early childrearing and the care of family members who have 
        serious health <gr-thn-eq>conditions;
            (3) the lack of employment policies to accommodate working 
        parents can force individuals to choose between job security 
        and parenting;
            (4) there is inadequate job security for employees who have 
        serious health conditions that prevent them from working for 
        temporary periods;
            (5) due to the nature of the roles of men and women in our 
        society, the primary responsibility for family caretaking often 
        falls on women, and such responsibility affects the working 
        lives of women more than it affects the working lives of men; 
        and
            (6) employment standards that apply to one gender only have 
        serious potential for encouraging employers to discriminate 
        against employees and applicants for employment who are of that 
        gender.
    (b) Purposes.--It is the purpose of this Act--
            (1) to balance the demands of the workplace with the needs 
        of families, to promote the stability and economic security of 
        families, and to promote national interests in preserving 
        family integrity;
            (2) to entitle employees to take reasonable leave for 
        medical reasons, for the birth or adoption of a child, and for 
        the care of a child, spouse, or parent who has a serious health 
        condition;
            (3) to accomplish the purposes described in paragraphs (1) 
        and (2) in a manner that accommodates the legitimate interests 
        of employers;
            (4) to accomplish the purposes described in paragraphs (1) 
        and (2) in a manner that, consistent with the Equal Protection 
        Clause of the Fourteenth Amendment, minimizes the potential for 
        employment discrimination on the basis of sex by ensuring 
        generally that leave is available for eligible medical reasons 
        (including maternity-related disability) and for compelling 
        family reasons, on a gender-neutral basis; and
            (5) to promote the goal of equal employment opportunity for 
        women and men, pursuant to such clause.

                TITLE I--GENERAL REQUIREMENTS FOR LEAVE

SEC. 101. DEFINITIONS.

    As used in this title:
            (1) 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)).
            (2) Eligible employee.--
                    (A) In general.--The term ``eligible employee'' 
                means an employee who has been employed--
                            (i) for at least 12 months by the employer 
                        with respect to whom leave is requested under 
                        section 102; and
                            (ii) for at least 1,250 hours of service 
                        with such employer during the previous 12-month 
                        period.
                    (B) Exclusions.--The term ``eligible employee'' 
                does not include--
                            (i) any Federal officer or employee covered 
                        under subchapter V of chapter 63 of title 5, 
                        United States Code (as added by title II of 
                        this Act); or
                            (ii) any employee of an employer who is 
                        employed at a worksite at which such employer 
                        employs less than 50 employees if the total 
                        number of employees employed by that employer 
                        within 75 miles of that worksite is less than 
                        50.
                    (C) Determination.--For purposes of determining 
                whether an employee meets the hours of service 
                requirement specified in subparagraph (A)(ii), the 
                legal standards established under section 7 of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 207) shall 
                apply.
            (3) Employ; employee; state.--The terms ``employ'', 
        ``employee'', and ``State'' have the same meanings given such 
        terms in subsections (c), (e), and (g) of section 3 of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203 (c), (e), and (g)).
            (4) Employer.--
                    (A) In general.--The term ``employer''--
                            (i) means any person engaged in commerce or 
                        in any industry or activity affecting commerce 
                        who employs 50 or more employees for each 
                        working day during each of 20 or more calendar 
                        workweeks in the current or preceding calendar 
                        year;
                            (ii) includes--
                                    (I) any person who acts, directly 
                                or indirectly, in the interest of an 
                                employer to any of the employees of 
                                such employer; and
                                    (II) any successor in interest of 
                                an employer; and
                            (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)).
                    (B) Public agency.--For purposes of subparagraph 
                (A)(iii), a public agency shall be considered to be a 
                person engaged in commerce or in an industry or 
                activity affecting commerce.
            (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) 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
                    (B) any other person determined by the Secretary to 
                be capable of providing health care 
                <gr-thn-eq>services.
            (7) Parent.--The term ``parent'' means the biological 
        parent of an employee or an individual who stood in loco 
        parentis to an employee when the employee was a son or 
        <gr-thn-eq>daughter.
            (8) 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)).
            (9) Reduced leave schedule.--The term ``reduced leave 
        schedule'' means a leave schedule that reduces the usual number 
        of hours per workweek, or hours per workday, of an employee.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (11) Serious health condition.--The term ``serious health 
        condition'' means an illness, injury, <gr-thn-eq>impairment, or 
        physical or mental condition that involves--
                    (A) inpatient care in a hospital, hospice, or 
                residential medical care facility; or
                    (B) continuing treatment by a health care provider.
            (12) Son or daughter.--The term ``son or daughter'' means a 
        biological, adopted, or foster 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 
                <gr-thn-eq>disability.
            (13) Spouse.--the term ``spouse'' means a husband or wife, 
        as the case may be.

SEC. 102. LEAVE REQUIREMENT.

    (a) In General.--
            (1) Entitlement to leave.--Subject to section 103, an 
        eligible employee shall be entitled to a total of 12 workweeks 
        of leave during any 12-month period for one or more of the 
        following:
                    (A) Because of the birth of a son or daughter of 
                the employee and in order to care for such son or 
                daughter.
                    (B) Because of the placement of a son or daughter 
                with the employee for adoption or foster care.
                    (C) In order to care for the spouse, or a son, 
                daughter, or parent, of the employee, if such spouse, 
                son, daughter, or parent has a serious health 
                condition.
                    (D) Because of a serious health condition that 
                makes the employee unable to perform the functions of 
                the position of such employee.
            (2) Expiration of entitlement.--The entitlement to leave 
        under subparagraphs (A) and (B) of paragraph (1) for a birth or 
        placement of a son or daughter shall expire at the end of the 
        12-month period beginning on the date of such birth or 
        <gr-thn-eq>placement.
    (b) Leave Taken Intermittently or on a <gr-thn-eq>Reduced Leave 
Schedule.--
            (1) In general.--Leave under subparagraph (A) or (B) of 
        subsection (a)(1) shall not be taken by an employee 
        intermittently or on a reduced leave schedule unless the 
        em<gr-thn-eq>ployee and the employer of the employee agree 
        otherwise. Subject to paragraph (2), subsection (e)(2), and 
        section 103(b)(5), leave under subparagraph (C) or (D) of 
        subsection (a)(1) may be taken intermittently or on a reduced 
        leave schedule when medically necessary. 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.
            (2) Alternative position.--If an employee requests 
        intermittent leave, or leave on a reduced leave schedule, under 
        subparagraph (C) or (D) of subsection (a)(1), that is 
        foreseeable based on planned medical treatment, the employer 
        may require such employee to transfer temporarily to an 
        available alternative position offered by the employer for 
        which the employee is qualified and that--
                    (A) has equivalent pay and benefits; and
                    (B) better accommodates recurring periods of leave 
                than the regular employment position of the employee.
    (c) Unpaid Leave Permitted.--Except as provided in subsection (d), 
leave granted under subsection (a) may consist of unpaid leave. Where 
an employee is otherwise exempt under regulations issued by the 
Secretary pursuant to section 13(a)(1) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 213(a)(1)), the compliance of an employer with this 
title by providing unpaid leave shall not affect the exempt status of 
the employee under such <gr-thn-eq>section.
    (d) Relationship to Paid Leave.--
            (1) Unpaid leave.--If an employer provides paid leave for 
        fewer than 12 workweeks, the additional weeks of leave 
        necessary to attain the 12 workweeks of leave required under 
        this title may be provided without compensation.
            (2) Substitution of paid leave.--
                    (A) In general.--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 leave provided under 
                subparagraph (A), (B), or (C) of subsection (a)(1) for 
                any part of the 12-week period of such leave under such 
                subsection.
                    (B) Serious health condition.--An eligible employee 
                may elect, or an employer may require the employee, to 
                substitute any of the accrued paid vacation leave, 
                personal leave, or medical or sick leave of the 
                employee for leave provided under subparagraph (C) or 
                (D) 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) Foreseeable Leave.--
            (1) Requirement of notice.--In any case in which the 
        necessity for leave under subparagraph (A) or (B) of subsection 
        (a)(1) is foreseeable based on an expected birth or placement, 
        the employee shall provide the employer with not less than 30 
        days' notice, before the date the leave is to begin, of the 
        employee's intention to take leave under such subparagraph, 
        except that if the date of the birth or placement requires 
        leave to begin in less than 30 days, the employee shall provide 
        such notice as is practicable.
            (2) Duties of employee.--In any case in which the necessity 
        for leave under subparagraph (C) or (D) of subsection (a)(1) is 
        foreseeable based on planned medical treatment, the 
        em<gr-thn-eq>ployee--
                    (A) shall make a reasonable effort to schedule the 
                treatment so as not to disrupt unduly the operations of 
                the employer, subject to the approval of the health 
                care provider of the employee or the health care 
                provider of the son, daughter, spouse, or parent of the 
                employee, as appropriate; and
                    (B) shall provide the employer with not less than 
                30 days' notice, before the date the leave is to begin, 
                of the employee's intention to take leave under such 
                subparagraph, except that if the date of the treatment 
                requires leave to begin in less than 30 days, the 
                employee shall provide such notice as is practicable.
    (f) Spouses Employed by the Same Employer.--In any case in which a 
husband and wife entitled to leave under subsection (a) are employed by 
the same employer, the aggregate number of workweeks of leave to which 
both may be entitled may be limited to 12 workweeks during any 12-month 
period, if such leave is taken--
            (1) under subparagraph (A) or (B) of subsection (a)(1); or
            (2) to care for a sick parent under subparagraph (C) of 
        such subsection.

SEC. 103. CERTIFICATION.

    (a) In General.--An employer may require that a request for leave 
under subparagraph (C) or (D) of section 102(a)(1) be supported by a 
certification issued by the health care provider of the eligible 
employee or of the son, daughter, spouse, or parent of the employee, as 
appropriate. The employee shall provide, in a timely manner, a copy of 
such certification to the <gr-thn-eq>employer.
    (b) Sufficient Certification.--Certification provided under 
subsection (a) shall be sufficient if it states--
            (1) the date on which the serious health condition 
        commenced;
            (2) the probable duration of the condition;
            (3) the appropriate medical facts within the knowledge of 
        the health care provider regarding the condition;
            (4)(A) for purposes of leave under section 102(a)(1)(C), a 
        statement that the eligible employee is needed to care for the 
        son, daughter, spouse, or parent and an estimate of the amount 
        of time that such employee is needed to care for the son, 
        daughter, spouse, or parent; and
            (B) for purposes of leave under section 102(a)(1)(D), a 
        statement that the employee is unable to perform the functions 
        of the position of the em<gr-thn-eq>ployee;
            (5) in the case of certification for intermittent leave, or 
        leave on a reduced leave schedule, for planned medical 
        treatment, the dates on which such treatment is expected to be 
        given and the duration of such treatment;
            (6) in the case of certification for intermittent leave, or 
        leave on a reduced leave schedule, under section 102(a)(1)(D), 
        a statement of the medical necessity for the intermittent leave 
        or leave on a reduced leave schedule, and the expected duration 
        of the intermittent leave or reduced leave schedule; and
            (7) in the case of certification for intermittent leave, or 
        leave on a reduced leave schedule, under section 102(a)(1)(C), 
        a statement that the employee's intermittent leave or leave on 
        a reduced leave schedule is necessary for the care of the son, 
        daughter, parent, or spouse who has a serious health condition, 
        or will assist in their recovery, and the expected duration and 
        schedule of the intermittent leave or reduced leave schedule.
    (c) Second Opinion.--
            (1) In general.--In any case in which the employer has 
        reason to doubt the validity of the certification provided 
        under subsection (a) for leave under subparagraph (C) or (D) of 
        section 102(a)(1), the employer may require, at the expense of 
        the employer, that the eligible employee obtain the opinion of 
        a second health care provider designated or approved by the 
        employer concerning any information certified under subsection 
        (b) for such leave.
            (2) Limitation.--A health care provider designated or 
        approved under paragraph (1) shall not be employed on a regular 
        basis by the employer.
    (d) Resolution of Conflicting Opinions.--
            (1) In general.--In any case in which the second opinion 
        described in subsection (c) differs from the opinion in the 
        original certification provided under subsection (a), the 
        employer may require, at the expense of the employer, that the 
        employee obtain the opinion of a third health care provider 
        designated or approved jointly by the employer and the employee 
        concerning the information certified under subsection (b).
            (2) Finality.--The opinion of the third health care 
        provider concerning the information certified under subsection 
        (b) shall be considered to be final and shall be binding on the 
        employer and the <gr-thn-eq>employee.
    (e) Subsequent Recertification.--The employer may require that the 
eligible employee obtain subsequent recertifications on a reasonable 
basis.

SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

    (a) Restoration to Position.--
            (1) In general.--Except as provided in subsection (b), any 
        eligible employee who takes leave under section 102 for the 
        intended purpose of the leave shall be entitled, on return from 
        such leave--
                    (A) to be restored by the employer to the position 
                of employment held by the employee when the leave 
                commenced; or
                    (B) to be restored to an equivalent position with 
                equivalent employment benefits, pay, and other terms 
                and conditions of employment.
            (2) Loss of benefits.--The taking of leave under section 
        102 shall not result in the loss of any employment benefit 
        accrued prior to the date on which the leave commenced.
            (3) Limitations.--Nothing in this section shall be 
        construed to entitle any restored employee to--
                    (A) the accrual of any seniority or employment 
                benefits during any period of leave; or
                    (B) any right, benefit, or position of employment 
                other than any right, benefit, or position to which the 
                employee would have been entitled had the employee not 
                taken the leave.
            (4) Certification.--As a condition of restoration under 
        paragraph (1) for an employee who has taken leave under section 
        102(a)(1)(D), the employer may have a uniformly applied 
        practice or policy that requires each such employee to receive 
        certification from the health care provider of the employee 
        that the employee is able to resume work, except that nothing 
        in this paragraph shall supersede a valid State or local law or 
        a collective bargaining agreement that governs the return to 
        work of such employees.
            (5) Construction.--Nothing in this subsection shall be 
        construed to prohibit an employer from requiring an employee on 
        leave under section 102 to report periodically to the employer 
        on the status and intention of the employee to return to work.
    (b) Exemption Concerning Certain Highly Compensated Employees.--
            (1) Denial of restoration.--An employer may deny 
        restoration under subsection (a) to any eligible employee 
        described in paragraph (2) if--
                    (A) such denial is necessary to prevent substantial 
                and grievous economic injury to the operations of the 
                employer;
                    (B) the employer notifies the employee of the 
                intent of the employer to deny restoration on such 
                basis at the time the employer determines that such 
                injury would occur; and
                    (C) in any case in which the leave has commenced, 
                the employee elects not to return to employment after 
                receiving such notice.
            (2) Affected employees.--An eligible employee described in 
        paragraph (1) is a salaried eligible employee who is among the 
        highest paid 10 percent of the employees employed by the 
        employer within 75 miles of the facility at which the employee 
        is employed.
    (c) Maintenance of Health Benefits.--
            (1) Coverage.--Except as provided in paragraph (2), during 
        any period that an eligible employee takes leave under section 
        102, the employer shall maintain coverage under any ``group 
        health plan'' (as defined in section 5000(b)(1) of the Internal 
        Revenue Code of 1986) for the duration of such leave at the 
        level and under the conditions coverage would have been 
        provided if the employee had continued in employment 
        continuously for the duration of such leave.
            (2) Failure to return from leave.--The employer may recover 
        the premium that the employer paid for maintaining coverage for 
        the employee under such group health plan during any period of 
        unpaid leave under section 102 if--
                    (A) the employee fails to return from leave under 
                section 102 after the period of leave to which the 
                employee is entitled has expired; and
                    (B) the employee fails to return to work for a 
                reason other than--
                            (i) the continuation, recurrence, or onset 
                        of a serious health condition that entitles the 
                        employee to leave under subparagraph (C) or (D) 
                        of section 102(a)(1); or
                            (ii) other circumstances beyond the control 
                        of the employee.
            (3) Certification.--
                    (A) Issuance.--An employer may require that a claim 
                that an employee is unable to return to work because of 
                the continuation, recurrence, or onset of the serious 
                health condition described in paragraph (2)(B)(i) be 
                supported by--
                            (i) a certification issued by the health 
                        care provider of the son, daughter, spouse, or 
                        parent of the employee, as appropriate, in the 
                        case of an employee unable to return to work 
                        because of a condition specified in section 
                        102(a)(1)(C); or
                            (ii) a certification issued by the health 
                        care provider of the eligible employee, in the 
                        case of an employee unable to return to work 
                        because of a condition specified in section 
                        102(a)(1)(D).
                    (B) Copy.--The employee shall provide, in a timely 
                manner, a copy of such certification to the employer.
                    (C) Sufficiency of certification.--
                            (i) Leave due to serious health condition 
                        of employee.--The certification described in 
                        subparagraph (A)(ii) shall be sufficient if the 
                        certification states that a serious health 
                        condition prevented the employee from being 
                        able to perform the functions of the position 
                        of the employee on the date that the leave of 
                        the employee expired.
                            (ii) Leave due to serious health condition 
                        of family member.--The certification described 
                        in subparagraph (A)(i) shall be sufficient if 
                        the certification states that the employee is 
                        needed to care for the son, daughter, spouse, 
                        or parent who has a serious health condition on 
                        the date that the leave of the employee 
                        <gr-thn-eq>expired.

SEC. 105. 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 
        title.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against any 
        individual for opposing any practice made unlawful by this 
        title.
    (b) 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 re<gr-thn-eq>lated to this 
        title;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this title; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this title.

SEC. 106. INVESTIGATIVE AUTHORITY.

    (a) In General.--To ensure compliance with the provisions of this 
title, or any regulation or order issued under this title, the 
Secretary shall have, subject to subsection (c), the investigative 
authority provided under section 11(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 211(a)).
    (b) Obligation To Keep and Preserve Records.--Any employer shall 
make, keep, and preserve records pertaining to compliance with this 
title 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.
    (c) Required Submissions Generally Limited to an Annual Basis.--The 
Secretary shall not under the authority of this section require any 
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 title or any regulation or order issued pursuant to this title, 
or is investigating a charge pursuant to section 107(b).
    (d) Subpoena Powers.--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. 107. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any employer who violates section 105 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 12 
                                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 an 
                        employer who has violated section 105 proves to 
                        the satisfaction of the court that the act or 
                        omission which violated section 105 was in good 
                        faith and that the employer had reasonable 
                        grounds for believing that the act or omission 
                        was not a violation of section 105, 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.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer (including a public agency) in any Federal 
        or State court of competent jurisdiction by any one or more 
        employees for and in behalf of--
                    (A) the employees; or
                    (B) the employees and other employees similarly 
                situated.
            (3) Fees and costs.--The court in such an action 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) Limitations.--The right provided by paragraph (2) to 
        bring an action by or on behalf of any employee shall 
        terminate--
                    (A) on the filing of a complaint by the Secretary 
                in an action under subsection (d) 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
                    (B) on the filing of a complaint by the Secretary 
                in an action under 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 subparagraph (A) or (B) is 
        dismissed without prejudice on motion of the Secretary.
    (b) Action by the Secretary.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 105 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.--The Secretary may bring an action in any 
        court of competent jurisdiction to recover the damages 
        described in subsection (a)(1)(A).
            (3) Sums recovered.--Any sums recovered by the Secretary 
        pursuant to paragraph (2) 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.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this section 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 105, 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 under this section for the purposes 
        of this subsection, it shall be considered to be commenced on 
        the date when the complaint is filed.
    (d) 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--
            (1) to restrain violations of section 105, 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
            (2) to award such other equitable relief as may be 
        appropriate, including employment, reinstatement, and 
        promotion.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and 
represent the Secretary on any litigation brought under this section.

SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL 
              AGENCIES.

    (a) Application.--
            (1) In general.--Except as otherwise provided in this 
        section, the rights (including the rights under section 104, 
        which shall extend throughout the period of leave of any 
        employee under this section), remedies, and procedures under 
        this title shall apply to--
                    (A) any ``local educational agency'' (as defined in 
                section 1471(12) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 2891(12))) and an 
                eligible employee of the agency; and
                    (B) any private elementary or secondary school and 
                an eligible employee of the school.
            (2)  Definitions.--For purposes of the application 
        described in paragraph (1):
                    (A) Eligible employee.--The term ``eligible 
                employee'' means an eligible employee of an agency or 
                school described in paragraph (1).
                    (B) Employer.--The term ``employer'' means an 
                agency or school described in paragraph (1).
    (b) Leave Does Not Violate Certain Other Federal Laws.--A local 
educational agency and a private elementary or secondary school shall 
not be in violation of the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), solely as a result of an eligible employee of such 
agency or school exercising the rights of such employee under this 
title.
    (c) Intermittent Leave or Leave on a Reduced Schedule for 
Instructional Employees.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which an eligible employee employed principally in an 
        instructional capacity by any such educational agency or school 
        requests leave under subparagraph (C) or (D) of section 
        102(a)(1) that is foreseeable based on planned medical 
        treatment and the employee would be on leave for greater than 
        20 percent of the total number of working days in the period 
        during which the leave would extend, the agency or school may 
        require that such employee elect either--
                    (A) to take leave for periods of a particular 
                duration, not to exceed the duration of the planned 
                medical treatment; or
                    (B) to transfer temporarily to an available 
                alternative position offered by the employer for which 
                the employee is qualified, and that--
                            (i) has equivalent pay and benefits; and
                            (ii) better accommodates recurring periods 
                        of leave than the regular employment position 
                        of the employee.
            (2) Application.--The elections described in subparagraphs 
        (A) and (B) of paragraph (1) shall apply only with respect to 
        an eligible employee who complies with section 102(e)(2).
    (d) Rules Applicable to Periods Near the Conclusion of an Academic 
Term.--The following rules shall apply with respect to periods of leave 
near the conclusion of an academic term in the case of any eligible 
employee employed principally in an instructional capacity by any such 
educational agency or school:
            (1) Leave more than 5 weeks prior to end of term.--If the 
        eligible employee begins leave under section 102 more than 5 
        weeks prior to the end of the academic term, the agency or 
        school may require the employee to continue taking leave until 
        the end of such term, if--
                    (A) the leave is of at least 3 weeks duration; and
                    (B) the return to employment would occur during the 
                3-week period before the end of such term.
            (2) Leave less than 5 weeks prior to end of term.--If the 
        eligible employee begins leave under subparagraph (A), (B), or 
        (C) of section 102(a)(1) during the period that commences 5 
        weeks prior to the end of the academic term, the agency or 
        school may require the employee to continue taking leave until 
        the end of such term, if--
                    (A) the leave is of greater than 2 weeks duration; 
                and
                    (B) the return to employment would occur during the 
                2-week period before the end of such term.
            (3) Leave less than 3 weeks prior to end of term.--If the 
        eligible employee begins leave under subparagraph (A), (B), or 
        (C) of section 102(a)(1) during the period that commences 3 
        weeks prior to the end of the academic term and the duration of 
        the leave is greater than 5 working days, the agency or school 
        may require the employee to continue to take leave until the 
        end of such term.
    (e) Restoration to Equivalent Employment Position.--For purposes of 
determinations under section 104(a)(1)(B) (relating to the restoration 
of an eligible employee to an equivalent position), in the case of a 
local educational agency or a private elementary or secondary school, 
such determination shall be made on the basis of established school 
board policies and practices, private school policies and practices, 
and collective bargaining agreements.
    (f) Reduction of the Amount of Liability.--If a local educational 
agency or a private elementary or secondary school that has violated 
this title proves to the satisfaction of the court that the agency, 
school, or department had reasonable grounds for believing that the 
underlying act or omission was not a violation of this title, such 
court may, in the discretion of the court, reduce the amount of the 
liability provided for under section 107(a)(1)(A) to the amount and 
interest determined under clauses (i) and (ii), respectively, of such 
section.

SEC. 109. NOTICE.

    (a) In General.--Each employer shall post and keep posted, in 
conspicuous places on the premises of the employer where notices to 
employees and applicants for employment are customarily posted, a 
notice, to be prepared or approved by the Secretary, setting forth 
excerpts from, or summaries of, the pertinent provisions of this title 
and information pertaining to the filing of a charge.
    (b) Penalty.--Any employer that willfully violates this section may 
be assessed a civil money penalty not to exceed $100 for each separate 
offense.

              TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES

SEC. 201. LEAVE REQUIREMENT.

    (a) Civil Service Employees.--
            (1) In general.--Chapter 63 of title 5, United States Code, 
        is amended by adding at the end the following new subchapter:

                ``SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

``Sec. 6381. Definitions
    ``For the purpose of this subchapter--
            ``(1) the term `employee' means any individual who--
                    ``(A) is an `employee', as defined by section 
                6301(2), including any individual employed in a 
                position referred to in clause (v) or (ix) of section 
                6301(2), but excluding any individual employed by the 
                government of the District of Columbia and any 
                individual employed on a temporary or intermittent 
                basis; and
                    ``(B) has completed at least 12 months of service 
                as an employee (within the meaning of subparagraph 
                (A));
            ``(2) the term `health care provider' means--
                    ``(A) a doctor of medicine or osteopathy who is 
                authorized to practice medicine or surgery (as 
                appropriate) by the State in which the doctor 
                practices; and
                    ``(B) any other person determined by the Director 
                of the Office of Personnel Management to be capable of 
                providing health care services;
            ``(3) the term `parent' means the biological parent of an 
        employee or an individual who stood in loco parentis to an 
        employee when the employee was a son or daughter;
            ``(4) the term `reduced leave schedule' means a leave 
        schedule that reduces the usual number of hours per workweek, 
        or hours per workday, of an employee;
            ``(5) the term `serious health condition' means an illness, 
        injury, impairment, or physical or mental condition that 
        involves--
                    ``(A) inpatient care in a hospital, hospice, or 
                residential medical care facility; or
                    ``(B) continuing treatment by a health care 
                provider; and
            ``(6) the term `son or daughter' means a biological, 
        adopted, or foster 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.
``Sec. 6382. Leave requirement
    ``(a)(1) Subject to section 6383, an employee shall be entitled to 
a total of 12 administrative workweeks of leave during any 12-month 
period for one or more of the following:
            ``(A) Because of the birth of a son or daughter of the 
        employee and in order to care for such son or daughter.
            ``(B) Because of the placement of a son or daughter with 
        the employee for adoption or foster care.
            ``(C) In order to care for the spouse, or a son, daughter, 
        or parent, of the employee, if such spouse, son, daughter, or 
        parent has a serious health condition.
            ``(D) Because of a serious health condition that makes the 
        employee unable to perform the functions of the employee's 
        position.
    ``(2) The entitlement to leave under subparagraph (A) or (B) of 
paragraph (1) based on the birth or placement of a son or daughter 
shall expire at the end of the 12-month period beginning on the date of 
such birth or placement.
    ``(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1) 
shall not be taken by an employee intermittently or on a reduced leave 
schedule unless the em<gr-thn-eq>ployee and the employing agency of the 
employee agree otherwise. Subject to paragraph (2), subsection (e)(2), 
and section 6383(b)(5), leave under subparagraph (C) or (D) of 
subsection (a)(1) may be taken intermittently or on a reduced leave 
schedule when medically necessary. In the case of an employee who takes 
leave intermittently or on a reduced leave schedule pursuant to this 
paragraph, any hours of leave so taken by such employee shall be 
subtracted from the total amount of leave remaining available to such 
employee under subsection (a), for purposes of the 12-month period 
involved, on an hour-for-hour basis.
    ``(2) If an employee requests intermittent leave, or leave on a 
reduced leave schedule, under subparagraph (C) or (D) of subsection 
(a)(1), that is foreseeable based on planned medical treatment, the 
employing agency may require such employee to transfer temporarily to 
an available alternative position offered by the employing agency for 
which the employee is qualified and that--
            ``(A) has equivalent pay and benefits; and
            ``(B) better accommodates recurring periods of leave than 
        the regular employment position of the employee.
    ``(c) Except as provided in subsection (d), leave granted under 
subsection (a) shall be leave without pay.
    ``(d) An employee may elect to substitute for leave under 
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the 
employee's accrued or accumulated annual or sick leave under subchapter 
I for any part of the 12-week period of leave under such subsection, 
except that nothing in this subchapter shall require an employing 
agency to provide paid sick leave in any situation in which such 
employing agency would not normally provide any such paid leave.
    ``(e)(1) In any case in which the necessity for leave under 
subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an 
expected birth or placement, the employee shall provide the employing 
agency with not less than 30 days' notice, before the date the leave is 
to begin, of the employee's intention to take leave under such 
subparagraph, except that if the date of the birth or placement 
requires leave to begin in less than 30 days, the employee shall 
provide such notice as is practicable.
    ``(2) In any case in which the necessity for leave under 
subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on 
planned medical treatment, the employee--
            ``(A) shall make a reasonable effort to schedule the 
        treatment so as not to disrupt unduly the operations of the 
        employing agency, subject to the approval of the health care 
        provider of the employee or the health care provider of the 
        son, daughter, spouse, or parent of the employee, as 
        appropriate; and
            ``(B) shall provide the employing agency with not less than 
        30 days' notice, before the date the leave is to begin, of the 
        employee's intention to take leave under such subparagraph, 
        except that if the date of the treatment requires leave to 
        begin in less than 30 days, the employee shall provide such 
        notice as is practicable.
``Sec. 6383. Certification
    ``(a) An employing agency may require that a request for leave 
under subparagraph (C) or (D) of section 6382(a)(1) be supported by 
certification issued by the health care provider of the employee or of 
the son, daughter, spouse, or parent of the employee, as appropriate. 
The employee shall provide, in a timely manner, a copy of such 
certification to the employing agency.
    ``(b) A certification provided under subsection (a) shall be 
sufficient if it states--
            ``(1) the date on which the serious health condition 
        commenced;
            ``(2) the probable duration of the condition;
            ``(3) the appropriate medical facts within the knowledge of 
        the health care provider regarding the condition;
            ``(4)(A) for purposes of leave under section 6382(a)(1)(C), 
        a statement that the employee is needed to care for the son, 
        daughter, spouse, or parent, and an estimate of the amount of 
        time that such employee is needed to care for such son, 
        daughter, spouse, or parent; and
            ``(B) for purposes of leave under section 6382(a)(1)(D), a 
        statement that the employee is unable to perform the functions 
        of the position of the employee; and
            ``(5) in the case of certification for intermittent leave, 
        or leave on a reduced leave schedule, for planned medical 
        treatment, the dates on which such treatment is expected to be 
        given and the duration of such treatment.
    ``(c)(1) In any case in which the employing agency has reason to 
doubt the validity of the certification provided under subsection (a) 
for leave under subparagraph (C) or (D) of section 6382(a)(1), the 
employing agency may require, at the expense of the agency, that the 
employee obtain the opinion of a second health care provider designated 
or approved by the employing agency concerning any information 
certified under subsection (b) for such leave.
    ``(2) Any health care provider designated or approved under 
paragraph (1) shall not be employed on a regular basis by the employing 
agency.
    ``(d)(1) In any case in which the second opinion described in 
subsection (c) differs from the original certification provided under 
subsection (a), the employing 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 employing agency and the 
employee concerning the information certified under subsection (b).
    ``(2) The opinion of the third health care provider concerning the 
information certified under subsection (b) shall be considered to be 
final and shall be binding on the employing agency and the employee.
    ``(e) The employing agency may require, at the expense of the 
agency, that the employee obtain subsequent recertifications on a 
reasonable basis.
``Sec. 6384. Employment and benefits protection
    ``(a) Any employee who takes leave under section 6382 for the 
intended purpose of the leave shall be entitled, upon return from such 
leave--
            ``(1) to be restored by the employing agency to the 
        position held by the employee when the leave commenced; or
            ``(2) to be restored to an equivalent position with 
        equivalent benefits, pay, status, and other terms and 
        conditions of employment.
    ``(b) The taking of leave under section 6382 shall not result in 
the loss of any employment benefit accrued prior to the date on which 
the leave commenced.
    ``(c) Except as otherwise provided by or under law, nothing in this 
section shall be construed to entitle any restored employee to--
            ``(1) the accrual of any employment benefits during any 
        period of leave; or
            ``(2) any right, benefit, or position of employment other 
        than any right, benefit, or position to which the employee 
        would have been entitled had the employee not taken the leave.
    ``(d) As a condition to restoration under subsection (a) for an 
employee who takes leave under section 6382(a)(1)(D), the employing 
agency may have a uniformly applied practice or policy that requires 
each such employee to receive certification from the health care 
provider of the employee that the employee is able to resume work.
    ``(e) Nothing in this section shall be construed to prohibit an 
employing agency from requiring an employee on leave under section 6382 
to report periodically to the employing agency on the status and 
intention of the employee to return to work.
``Sec. 6385. Prohibition of coercion
    ``(a) An employee shall not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any 
other employee for the purpose of interfering with the exercise of any 
rights which such other employee may have under this subchapter.
    ``(b) For the purpose of this section--
            ``(1) the term `intimidate, threaten, or coerce' includes 
        promising to confer or conferring any benefit (such as 
        appointment, promotion, or compensation), or taking or 
        threatening to take any reprisal (such as deprivation of 
        appointment, promotion, or compensation); and
            ``(2) the term `employee' means any `employee', as defined 
        by section 2105.
``Sec. 6386. Health insurance
    ``An employee enrolled in a health benefits plan under chapter 89 
who is placed in a leave status under section 6382 may elect to 
continue the health benefits enrollment of the employee while in such 
leave status and arrange to pay currently into the Employees Health 
Benefits Fund (described in section 8909), the appropriate employee 
contributions.
``Sec. 6387. Regulations
    ``The Office of Personnel Management shall prescribe regulations 
necessary for the administration of this subchapter. The regulations 
prescribed under this subchapter shall, to the extent appropriate, be 
consistent with the regulations prescribed by the Secretary of Labor to 
carry out title I of the Family and Medical Leave Act of 1993.''.
            (2) Table of contents.--The table of contents for chapter 
        63 of title 5, United States Code, is amended by adding at the 
        end the following:

                ``SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

``6381. Definitions.
``6382. Leave requirement.
``6383. Certification.
``6384. Employment and benefits protection.
``6385. Prohibition of coercion.
``6386. Health insurance.
``6387. Regulations.''.
    (b) Employees Paid From Nonappropriated Funds.--Section 2105(c)(1) 
of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C); and
            (2) by adding at the end the following new subparagraph:
                    ``(E) subchapter V of chapter 63, which shall be 
                applied so as to construe references to benefit 
                programs to refer to applicable programs for employees 
                paid from nonappropriated funds; or''.

                     TITLE III--COMMISSION ON LEAVE

SEC. 301. ESTABLISHMENT.

    There is established a commission to be known as the Commission on 
Leave (referred to in this title as the ``Commission'').

SEC. 302. DUTIES.

    The Commission shall--
            (1) conduct a comprehensive study of--
                    (A) existing and proposed mandatory and voluntary 
                policies relating to family and temporary medical 
                leave, including policies provided by employers not 
                covered under this Act;
                    (B) the potential costs, benefits, and impact on 
                productivity, job creation and business growth of such 
                policies on employers and employees;
                    (C) possible differences in costs, benefits, and 
                impact on productivity, job creation and business 
                growth of such policies on employers based on business 
                type and size;
                    (D) the impact of family and medical leave policies 
                on the availability of employee benefits provided by 
                employers, including employers not covered under this 
                Act;
                    (E) alternate and equivalent State enforcement of 
                title I with respect to employees described in section 
                108(a);
                    (F) methods used by employers to reduce 
                administrative costs of implementing family and medical 
                leave policies;
                    (G) the ability of the employers to recover, under 
                section 104(c)(2), the premiums described in such 
                section; and
                    (H) the impact on employers and employees of 
                policies that provide temporary wage replacement during 
                periods of family and medical leave.
            (2) not later than 2 years after the date on which the 
        Commission first meets, prepare and submit, to the appropriate 
        Committees of Congress, a report concerning the subjects listed 
        in paragraph (1).

SEC. 303. MEMBERSHIP.

    (a) Composition.--
            (1) Appointments.--The Commission shall be composed of 12 
        voting members and 4 ex officio members to be appointed not 
        later than 60 days after the date of the enactment of this Act 
        as <gr-thn-eq>follows:
                    (A) Senators.--One Senator shall be appointed by 
                the Majority Leader of the Senate, and one Senator 
                shall be appointed by the Minority Leader of the 
                Senate.
                    (B) Members of house of representatives.--One 
                Member of the House of Representatives shall be 
                appointed by the Speaker of the House of 
                Representatives, and one Member of the House of 
                Representatives shall be appointed by the Minority 
                Leader of the House of Representatives.
                    (C) Additional members.--
                            (i) Appointment.--Two members each shall be 
                        appointed by--
                                    (I) the Speaker of the House of 
                                Representatives;
                                    (II) the Majority Leader of the 
                                Senate;
                                    (III) the Minority Leader of the 
                                House of Representatives; and
                                    (IV) the Minority Leader of the 
                                Senate.
                    (ii) Expertise.--Such members shall be appointed by 
                virtue of demonstrated expertise in relevant family, 
                temporary disability, and labor management issues. Such 
                members shall include representatives of employers, 
                including employers from large businesses and from 
                small businesses.
            (2) Ex officio members.--The Secretary of Health and Human 
        Services, the Secretary of Labor, the Secretary of Commerce, 
        and the Administrator of the Small Business Administration 
        shall serve on the Commission as nonvoting ex officio members.
    (b) Vacancies.--Any vacancy on the Commission shall be filled in 
the manner in which the original appointment was made. The vacancy 
shall not affect the power of the remaining members to execute the 
duties of the Commission.
    (c) Chairperson and Vice Chairperson.--The Commission shall elect a 
chairperson and a vice chairperson from among the members of the 
Commission.
    (d) Quorum.--Eight members of the Commission shall constitute a 
quorum for all purposes, except that a lesser number may constitute a 
quorum for the purpose of holding hearings.

SEC. 304. COMPENSATION.

    (a) Pay.--Members of the Commission shall serve without 
compensation.
    (b) Travel Expenses.--Members of the Commission shall be allowed 
reasonable travel expenses, including a per diem allowance, in 
accordance with section 5703 of title 5, United States Code, when 
performing duties of the <gr-thn-eq>Commission.

SEC. 305. POWERS.

    (a) Meetings.--The Commission shall first meet not later than 30 
days after the date on which all members are appointed, and the 
Commission shall meet thereafter on the call of the chairperson or a 
majority of the <gr-thn-eq>members.
    (b) Hearings and Sessions.--The Commission may hold such hearings, 
sit and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers appropriate. The Commission 
may administer oaths or affirmations to witnesses appearing before it.
    (c) Access to Information.--The Commission may secure directly from 
any Federal agency information necessary to enable it to carry out this 
title, if the information may be disclosed under section 552 of title 
5, United States Code. Subject to the previous sentence, on the request 
of the chairperson or vice chairperson of the Commission, the head of 
such agency shall furnish such information to the 
Com<gr-thn-eq>mission.
    (d) Use of Facilities and Services.--Upon the request of the 
Commission, the head of any Federal agency may make available to the 
Commission any of the facilities and services of such agency.
    (e) Personnel From Other Agencies.--On the request of the 
Commission, the head of any Federal agency may detail any of the 
personnel of such agency to serve as an Executive Director of the 
Commission or assist the Commission in carrying out the duties of the 
Commission. Any detail shall not interrupt or otherwise affect the 
civil service status or privileges of the Federal employee.
    (f) Voluntary Service.--Notwithstanding section 1342 of title 31, 
United States Code, the chairperson of the Commission may accept for 
the Commission voluntary services provided by a member of the 
Commission.

SEC. 306. TERMINATION.

    The Commission shall terminate 30 days after the date of the 
submission of the report of the Commission to Congress.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EFFECT ON OTHER LAWS.

    (a) Federal and State Antidiscrimination Laws.--Nothing in this Act 
or any amendment made by this Act 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 Act or any amendment 
made by this Act shall be construed to supersede any provision of any 
State or local law that provides greater family or medical leave rights 
than the rights established under this Act or any amendment made by 
this Act.

SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

    (a) More Protective.--Nothing in this Act or any amendment made by 
this Act shall be construed to diminish the obligation of an employer 
to comply with any collective bargaining agreement or any employment 
benefit program or plan that provides greater family or medical leave 
rights to employees than the rights established under this Act or any 
amendment made by this Act.
    (b) Less Protective.--The rights established for employees under 
this Act or any amendment made by this Act shall not be diminished by 
any collective bargaining agreement or any employment benefit program 
or plan.

SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

    Nothing in this Act or any amendment made by this Act shall be 
construed to discourage employers from adopting or retaining leave 
policies more generous than any policies that comply with the 
requirements under this Act or any amendment made by this Act.

SEC. 404. REGULATIONS.

    The Secretary of Labor shall prescribe such regulations as are 
necessary to carry out title I and this title not later than 120 days 
after the date of the enactment of this Act.

SEC. 405. EFFECTIVE DATES.

    (a) Title III.--Title III shall take effect on the date of the 
enactment of this Act.
    (b) Other Titles.--
            (1) In general.--Except as provided in paragraph (2), 
        titles I, II, and V and this title shall take effect 6 months 
        after the date of the enactment of this Act.
            (2) Collective bargaining agreements.--In the case of a 
        collective bargaining agreement in effect on the effective date 
        prescribed by paragraph (1), title I shall apply on the earlier 
        of--
                    (A) the date of the termination of such agreement; 
                or
                    (B) the date that occurs 12 months after the date 
                of the enactment of this Act.

              TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES

SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.

    (a) Coverage.--The rights and protections established under 
sections 101 through 105 shall apply with respect to a Senate employee 
and an employing office. For purposes of such application, the term 
``eligible employee'' means a Senate employee and the term ``employer'' 
means an employing office.
    (b) Consideration of Allegations.--
            (1) Applicable provisions.--The provisions of sections 304 
        through 313 of the Government Employee Rights Act of 1991 (2 
        U.S.C. 1204-1213) shall, except as provided in subsections (d) 
        and (e)--
                    (A) apply with respect to an allegation of a 
                violation of a provision of sections 101 through 105, 
                with respect to Senate employment of a Senate employee; 
                and
                    (B) apply to such an allegation in the same manner 
                and to the same extent as such sections of the 
                Government Employee Rights Act of 1991 apply with 
                respect to an allegation of a violation under such Act.
            (2) Entity.--Such an allegation shall be addressed by the 
        Office of Senate Fair Employment Practices or such other entity 
        as the Senate may designate.
    (c) Rights of Employees.--The Office of Senate Fair Employment 
Practices shall ensure that Senate employees are informed of their 
rights under sections 101 through 105.
    (d) Limitations.--A request for counseling under section 305 of 
such Act by a Senate employee alleging a violation of a provision of 
sections 101 through 105 shall be made not later than 2 years after the 
date of the last event constituting the alleged violation for which the 
counseling is requested, or not later than 3 years after such date in 
the case of a willful violation of section 105.
    (e) Applicable Remedies.--The remedies applicable to individuals 
who demonstrate a violation of a provision of sections 101 through 105 
shall be such remedies as would be appropriate if awarded under 
paragraph (1) or (3) of section 107(a).
    (f) Exercise of Rulemaking Power.--The provisions of subsections 
(b), (c), (d), and (e), except as such subsections apply with respect 
to section 309 of the Government Employee Rights Act of 1991 (2 U.S.C. 
1209), are enacted by the Senate as an exercise of the rulemaking power 
of the Senate, with full recognition of the right of the Senate to 
change its rules, in the same manner, and to the same extent, as in the 
case of any other rule of the Senate. No Senate employee may commence a 
judicial proceeding with respect to an allegation described in 
subsection (b)(1), except as provided in this section.
    (g) Severability.--Notwithstanding any other provision of law, if 
any provision of section 309 of the Government Employee Rights Act of 
1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as it applies 
such section 309 to an allegation described in subsection (b)(1)(A), is 
invalidated, both such section 309, and subsection (b)(1) insofar as it 
applies such section 309 to such an allegation, shall have no force and 
effect, and shall be considered to be invalidated for purposes of 
section 322 of such Act (2 U.S.C. 1221).
    (h) Definitions.--As used in this section:
            (1) Employing office.--The term ``employing office'' means 
        the office with the final authority described in section 301(2) 
        of such Act (2 U.S.C. 1201(2)).
            (2) Senate employee.--The term ``Senate employee'' means an 
        employee described in subparagraph (A) or (B) of section 
        301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been 
        employed for at least 12 months on other than a temporary or 
        intermittent basis by any employing office.

SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.

    (a) In General.--The rights and protections under sections 102 
through 105 (other than section 104(b)) shall apply to any employee in 
an employment position and any employing authority of the House of 
Representatives.
    (b) Administration.--In the administration of this section, the 
remedies and procedures under the Fair Employment Practices Resolution 
shall be applied.
    (c) Definition.--As used in this section, the term ``Fair 
Employment Practices Resolution'' means rule LI of the Rules of the 
House of Representatives.

                      TITLE VI--SENSE OF CONGRESS

SEC. 601. SENSE OF CONGRESS.

    It is the sense of the Congress that:
            (a) The Secretary of Defense shall conduct a comprehensive 
        review of current departmental policy with respect to the 
        service of homosexuals in the Armed Forces;
            (b) Such review shall include the basis for the current 
        policy of mandatory separation; the rights of all service men 
        and women, and the effects of any change in such policy on 
        morale, discipline, and military effectiveness;
            (c) The Secretary shall report the results of such review 
        and consultations and his recommendations to the President and 
        to the Congress no later than July 15, 1993;
            (d) The Senate Committee on Armed Services shall conduct 
        (i) comprehensive hearings on the current military policy with 
        respect to the service of homosexuals in the military services; 
        and (ii) shall conduct oversight hearings on the Secretary's 
        recommendations as such are reported.

            Attest:






                                                             Secretary.

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