[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 265 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 265

 To increase the availability and affordability of quality child care 
and early learning services, to amend the Family and Medical Leave Act 
    of 1993 to expand the scope of the Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

 Ms. DeLauro (for herself, Mr. DeFazio, Mr. Lampson, and Ms. Woolsey) 
 introduced the following bill; which was referred to the Committee on 
Education and the Workforce, and in addition to the Committees on Ways 
and Means, Government Reform, and House Administration, 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 increase the availability and affordability of quality child care 
and early learning services, to amend the Family and Medical Leave Act 
    of 1993 to expand the scope of the Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right Start Act of 2001''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

               TITLE I--INVESTING IN HEAD START PROGRAMS

Sec. 101. Authorization of appropriations.
               TITLE II--INVESTING IN QUALITY CHILD CARE

Sec. 201. Authorization of appropriations.
           TITLE III--PROMOTING EARLY LEARNING OPPORTUNITIES

Sec. 301. Amendments to the Early Learning Opportunities Act.
           TITLE IV--SUPPORTING FAMILY CHOICES IN CHILD CARE

                 Subtitle A--Dependent Care Tax Credit

Sec. 401. Expanding the dependent care tax credit.
Sec. 402. Minimum credit allowed for stay-at-home parents.
Sec. 403. Credit made refundable.
        Subtitle B--Incentives for Employer-Provided Child Care

Sec. 411. Allowance of credit for employer expenses for child care 
                            assistance.
              TITLE V--EXPANDING FAMILY AND MEDICAL LEAVE

    Subtitle A--Family Income to Respond to Significant Transitions

Sec. 501. Short title.
Sec. 502. Purposes. 
Sec. 503. Definitions.
Sec. 504. Demonstration projects.
Sec. 505. Evaluations and reports.
Sec. 506. Authorization of appropriations.
                 Subtitle B--Family Friendly Workplaces

Sec. 511. Short title.
Sec. 512. Coverage of employees.
                      Subtitle C--Time for Schools

Sec. 521. Short title.
Sec. 522. General requirements for leave.
Sec. 523. School involvement leave for civil service employees.
Sec. 524. Effective date.
          Subtitle D--Employment Protection for Battered Women

Sec. 531. Entitlement to leave for addressing domestic violence for 
                            non-Federal employees.
Sec. 532. Entitlement to leave for addressing domestic violence for 
                            Federal employees.
Sec. 533. Existing leave usable for domestic violence.

               TITLE I--INVESTING IN HEAD START PROGRAMS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 639(a) of the Head Start Act (42 U.S.C. 
9834(a)) is amended by striking ``such sums'' and all that follows and 
inserting the following: ``$6,500,000,000 for fiscal year 2002, 
$7,000,000,000 for fiscal year 2003, $7,750,000,000 for fiscal year 
2004, $8,500,000,000 for fiscal year 2005, and $9,750,000,000 for 
fiscal year 2006.''.
    (b) Conforming Amendments.--
            (1) Reservations.--Paragraphs (1) and (3) of section 639(b) 
        of the Head Start Act (42 U.S.C. 9834(b)) are amended by 
        striking ``2003'' and inserting ``2006''.
            (2) Distribution.--Paragraphs (3)(A)(i)(I) and (6)(A) of 
        section 640(a) of the Head Start Act (42 U.S.C. 9835(a)) are 
        amended by striking ``fiscal year 2003'' and inserting ``each 
        of fiscal years 2003 through 2006''.

               TITLE II--INVESTING IN QUALITY CHILD CARE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) Child Care and Development Block Grant Act of 1990.--Section 
658B of the Child Care and Development Block Grant Act of 1990 (42 
U.S.C. 9858) is amended by striking ``$1,000,000,000'' and all that 
follows and inserting ``$2,076,000,000 for fiscal year 2002, 
$2,109,000,000 for fiscal year 2003, $2,571,000,000 for fiscal year 
2004, $3,051,000,000 for fiscal year 2005, and $3,766,000,000 for 
fiscal year 2006.''.
    (b) Social Security Act Funding for Child Care.--Section 418(a)(3) 
of the Social Security Act (42 U.S.C. 618(a)(3)) is amended--
            (1) in subparagraph (E), by striking ``; and'';
            (2) in subparagraph (F), by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(G) $2,870,000,000 for fiscal year 2002;
                    ``(H) $2,936,000,000 for fiscal year 2003;
                    ``(I) $3,861,000,000 for fiscal year 2004;
                    ``(J) $4,821,000,000 for fiscal year 2005; and
                    ``(K) $3,766,000,000 for fiscal year 2006.''.

           TITLE III--PROMOTING EARLY LEARNING OPPORTUNITIES

SEC. 301. AMENDMENTS TO THE EARLY LEARNING OPPORTUNITIES ACT.

    Section 805 of the Early Learning Opportunities Act, as enacted by 
title VIII of the Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 2001 (as enacted 
into law by section 1(a)(1) of Public Law 106-554) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        and there are appropriated,''; and
            (2) by striking paragraphs (1) through (4) and inserting 
        the following:
            ``(1) $750,000,000 for fiscal year 2002;
            ``(2) $1,000,000,000 for fiscal year 2003;
            ``(3) $1,500,000,000 for fiscal year 2004;
            ``(4) $2,000,000,000 for fiscal year 2005; and
            ``(5) $2,500,000,000 for fiscal year 2006.''.

           TITLE IV--SUPPORTING FAMILY CHOICES IN CHILD CARE

                 Subtitle A--Dependent Care Tax Credit

SEC. 401. EXPANDING THE DEPENDENT CARE TAX CREDIT.

    (a) Percentage of Employment-Related Expenses Determined by 
Taxpayer Status.--Section 21(a)(2) of the Internal Revenue Code of 1986 
(defining applicable percentage) is amended to read as follows:
            ``(2) Applicable percentage defined.--For purposes of 
        paragraph (1), the term `applicable percentage' means--
                    ``(A) except as provided in subparagraph (B), 50 
                percent reduced (but not below 20 percent) by 1 
                percentage point for each $1,000, or fraction thereof, 
                by which the taxpayer's adjusted gross income for the 
                taxable year exceeds $30,000, and
                    ``(B) in the case of employment-related expenses 
                described in subsection (e)(11), 50 percent reduced 
                (but not below zero) by 1 percentage point for each 
                $800, or fraction thereof, by which the taxpayer's 
                adjusted gross income for the taxable year exceeds 
                $30,000.''.
    (b) Inflation Adjustment for Allowable Expenses.--Section 21(c) of 
the Internal Revenue Code of 1986 (relating to dollar limit on amount 
creditable) is amended by striking ``The amount determined'' and 
inserting ``In the case of any taxable year beginning after 2002, each 
dollar amount referred to in paragraphs (1) and (2) shall be increased 
by an amount equal to such dollar amount multiplied by the cost-of-
living adjustment determined under section 1(f)(3) for the calendar 
year in which the taxable year begins, by substituting `calendar year 
2001' for `calendar year 1992' in subparagraph (B) thereof. If any 
dollar amount after being increased under the preceding sentence is not 
a multiple of $10, such dollar amount shall be rounded to the nearest 
multiple of $10. The amount determined''.
    (c) Effective Date.--The amendments made by this section apply to 
taxable years beginning after December 31, 2001.

SEC. 402. MINIMUM CREDIT ALLOWED FOR STAY-AT-HOME PARENTS.

    (a) In General.--Section 21(e) of the Internal Revenue Code of 1986 
(relating to special rules) is amended by adding at the end the 
following:
            ``(11) Minimum credit allowed for stay-at-home parents.--
        Notwithstanding subsection (d), in the case of any taxpayer 
        with one or more qualifying individuals described in subsection 
        (b)(1)(A) under the age of 1 at any time during the taxable 
        year, such taxpayer shall be deemed to have employment-related 
        expenses with respect to such qualifying individuals in an 
        amount equal to the sum of--
                    ``(A) $90 for each month in such taxable year 
                during which at least one of such qualifying 
                individuals is under the age of 1, and
                    ``(B) the amount of employment-related expenses 
                otherwise incurred for such qualifying individuals for 
                the taxable year (determined under this section without 
                regard to this paragraph).''.
    (b) Effective Date.--The amendments made by this section apply to 
taxable years beginning after December 31, 2001.

SEC. 403. CREDIT MADE REFUNDABLE.

    (a) In General.--Part IV of subchapter A of chapter 1 of the 
Internal Revenue Code of 1986 (relating to credits against tax) is 
amended--
            (1) by redesignating section 35 as section 36, and
            (2) by redesignating section 21 as section 35.
    (b) Advance Payment of Credit.--Chapter 25 of such Code (relating 
to general provisions relating to employment taxes) is amended by 
inserting after section 3507 the following:

``SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE CREDIT.

    ``(a) General Rule.--Except as otherwise provided in this section, 
every employer making payment of wages with respect to whom a dependent 
care eligibility certificate is in effect shall, at the time of paying 
such wages, make an additional payment equal to such employee's 
dependent care advance amount.
    ``(b) Dependent Care Eligibility Certificate.--For purposes of this 
title, a dependent care eligibility certificate is a statement 
furnished by an employee to the employer which--
            ``(1) certifies that the employee will be eligible to 
        receive the credit provided by section 35 for the taxable year,
            ``(2) certifies that the employee reasonably expects to be 
        an applicable taxpayer for the taxable year,
            ``(3) certifies that the employee does not have a dependent 
        care eligibility certificate in effect for the calendar year 
        with respect to the payment of wages by another employer,
            ``(4) states whether or not the employee's spouse has a 
        dependent care eligibility certificate in effect,
            ``(5) states the number of qualifying individuals in the 
        household maintained by the employee, and
            ``(6) estimates the amount of employment-related expenses 
        for the calendar year.
    ``(c) Dependent Care Advance Amount.--
            ``(1) In general.--For purposes of this title, the term 
        `dependent care advance amount' means, with respect to any 
        payroll period, the amount determined--
                    ``(A) on the basis of the employee's wages from the 
                employer for such period,
                    ``(B) on the basis of the employee's estimated 
                employment-related expenses included in the dependent 
                care eligibility certificate, and
                    ``(C) in accordance with tables provided by the 
                Secretary.
            ``(2) Advance amount tables.--The tables referred to in 
        paragraph (1)(C) shall be similar in form to the tables 
        prescribed under section 3402 and, to the maximum extent 
        feasible, shall be coordinated with such tables and the tables 
        prescribed under section 3507(c).
    ``(d) Other Rules.--For purposes of this section, rules similar to 
the rules of subsections (d) and (e) of section 3507 shall apply.
    ``(e) Definitions.--For purposes of this section, terms used in 
this section which are defined in section 35 shall have the respective 
meanings given such terms by section 35.''.
    (c) Conforming Amendments.--
            (1) Section 35(a)(1) of such Code, as redesignated by 
        paragraph (1), is amended by striking ``chapter'' and inserting 
        ``subtitle''.
            (2) Section 35(e) of such Code, as so redesignated and 
        amended by subsection (c), is amended by adding at the end the 
        following:
            ``(12) Coordination with advance payments and minimum 
        tax.--Rules similar to the rules of subsections (g) and (h) of 
        section 32 shall apply for purposes of this section.''.
            (3) Sections 23(f)(1) and 129(a)(2)(C) of such Code are 
        each amended by striking ``section 21(e)'' and inserting 
        ``section 35(e)''.
            (4) Section 129(b)(2) of such Code is amended by striking 
        ``section 21(d)(2)'' and inserting ``section 35(d)(2)''.
            (5) Section 129(e)(1) of such Code is amended by striking 
        ``section 21(b)(2)'' and inserting ``section 35(b)(2)''.
            (6) Section 213(e) of such Code is amended by striking 
        ``section 21'' and inserting ``section 35''.
            (7) Section 995(f)(2)(C) of such Code is amended by 
        striking ``and 34'' and inserting ``34, and 35''.
            (8) Section 6211(b)(4)(A) of such Code is amended by 
        striking ``and 34'' and inserting ``, 34, and 35''.
            (9) Section 6213(g)(2)(H) of such Code is amended by 
        striking ``section 21'' and inserting ``section 35''.
            (10) Section 6213(g)(2)(L) of such Code is amended by 
        striking ``section 21, 24, or 32'' and inserting ``section 24, 
        32, or 35''.
            (11) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 35 and inserting the following:

                              ``Sec. 35. Expenses for household and 
                                        dependent care services 
                                        necessary for gainful 
                                        employment.
                              ``Sec. 36. Overpayments of tax.''.
            (12) The table of sections for subpart A of such part IV is 
        amended by striking the item relating to section 21.
            (13) The table of sections for chapter 25 of such Code is 
        amended by adding after the item relating to section 3507 the 
        following:

                              ``Sec. 3507A. Advance payment of 
                                        dependent care credit.''.
            (14) Section 1324(b)(2) of title 31, United States Code, is 
        amended by striking ``or'' before ``enacted'' and by inserting 
        before the period at the end ``, or from section 35 of such 
        Code''.
    (d) Effective Date.--The amendments made by this section apply to 
taxable years beginning after December 31, 2001.

        Subtitle B--Incentives for Employer-Provided Child Care

SEC. 411. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE 
              ASSISTANCE.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business related 
credits) is amended by adding at the end the following:

``SEC. 45E. EMPLOYER-PROVIDED CHILD CARE CREDIT.

    ``(a) In General.--For purposes of section 38, the employer-
provided child care credit determined under this section for the 
taxable year is an amount equal to the sum of--
            ``(1) 25 percent of the qualified child care expenditures, 
        and
            ``(2) 10 percent of the qualified child care resource and 
        referral expenditures,
of the taxpayer for such taxable year.
    ``(b) Dollar Limitation.--The credit allowable under subsection (a) 
for any taxable year shall not exceed $150,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified child care expenditure.--
                    ``(A) In general.--The term `qualified child care 
                expenditure' means any amount paid or incurred--
                            ``(i) to acquire, construct, rehabilitate, 
                        or expand property--
                                    ``(I) which is to be used as part 
                                of a qualified child care facility of 
                                the taxpayer,
                                    ``(II) with respect to which a 
                                deduction for depreciation (or 
                                amortization in lieu of depreciation) 
                                is allowable, and
                                    ``(III) which does not constitute 
                                part of the principal residence (within 
                                the meaning of section 121) of the 
                                taxpayer or any employee of the 
                                taxpayer,
                            ``(ii) for the operating costs of a 
                        qualified child care facility of the taxpayer, 
                        including costs related to the training of 
                        employees, to scholarship programs, and to the 
                        providing of increased compensation to 
                        employees with higher levels of child care 
                        training,
                            ``(iii) under a contract with a qualified 
                        child care facility to provide child care 
                        services to employees of the taxpayer, or
                            ``(iv) to reimburse an employee for 
                        expenses for child care which enables the 
                        employee to be gainfully employed including 
                        expenses related to--
                                    ``(I) day care and before and after 
                                school care,
                                    ``(II) transportation associated 
                                with such care, and
                                    ``(III) before and after school and 
                                holiday programs including educational 
                                and recreational programs and camp 
                                programs.
                    ``(B) Fair market value.--The term `qualified child 
                care expenditures' shall not include expenses in excess 
                of the fair market value of such care.
            ``(2) Qualified child care facility.--
                    ``(A) In general.--The term `qualified child care 
                facility' means a facility--
                            ``(i) the principal use of which is to 
                        provide child care assistance, and
                            ``(ii) which meets the requirements of all 
                        applicable laws and regulations of the State or 
                        local government in which it is located, 
                        including the licensing of the facility as a 
                        child care facility.
                Clause (i) shall not apply to a facility which is the 
                principal residence (within the meaning of section 121) 
                of the operator of the facility.
                    ``(B) Special rules with respect to a taxpayer.--A 
                facility shall not be treated as a qualified child care 
                facility with respect to a taxpayer unless--
                            ``(i) enrollment in the facility is open to 
                        employees of the taxpayer during the taxable 
                        year,
                            ``(ii) if the facility is the principal 
                        trade or business of the taxpayer, at least 30 
                        percent of the enrollees of such facility are 
                        dependents of employees of the taxpayer, and
                            ``(iii) the use of such facility (or the 
                        eligibility to use such facility) does not 
                        discriminate in favor of employees of the 
                        taxpayer who are highly compensated employees 
                        (within the meaning of section 414(q)).
            ``(3) Qualified child care resource and referral 
        expenditure.--The term `qualified child care resource and 
        referral expenditure' means any amount paid or incurred under a 
        contract to provide child care resource and referral services 
        to an employee of the taxpayer.
    ``(d) Recapture of Acquisition and Construction Credit.--
            ``(1) In general.--If, as of the close of any taxable year, 
        there is a recapture event with respect to any qualified child 
        care facility of the taxpayer, then the tax of the taxpayer 
        under this chapter for such taxable year shall be increased by 
        an amount equal to the product of--
                    ``(A) the applicable recapture percentage, and
                    ``(B) the aggregate decrease in the credits allowed 
                under section 38 for all prior taxable years which 
                would have resulted if the qualified child care 
                expenditures of the taxpayer described in subsection 
                (c)(1)(A) with respect to such facility had been zero.
            ``(2) Applicable recapture percentage.--
                    ``(A) In general.--For purposes of this subsection, 
                the applicable recapture percentage shall be determined 
                from the following table:

  
                                                         The applicable
  
                                                              recapture
            ``If the recapture event occurs in:
                                                         percentage is:
                Years 1-3............................          100     
                Year 4...............................           85     
                Year 5...............................           70     
                Year 6...............................           55     
                Year 7...............................           40     
                Year 8...............................           25     
                Years 9 and 10.......................           10     
                Years 11 and thereafter..............            0.    
                    ``(B) Years.--For purposes of subparagraph (A), 
                year 1 shall begin on the first day of the taxable year 
                in which the qualified child care facility is placed in 
                service by the taxpayer.
            ``(3) Recapture event defined.--For purposes of this 
        subsection, the term `recapture event' means--
                    ``(A) Cessation of operation.--The cessation of the 
                operation of the facility as a qualified child care 
                facility.
                    ``(B) Change in ownership.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the disposition of a taxpayer's 
                        interest in a qualified child care facility 
                        with respect to which the credit described in 
                        subsection (a) was allowable.
                            ``(ii) Agreement to assume recapture 
                        liability.--Clause (i) shall not apply if the 
                        person acquiring such interest in the facility 
                        agrees in writing to assume the recapture 
                        liability of the person disposing of such 
                        interest in effect immediately before such 
                        disposition. In the event of such an 
                        assumption, the person acquiring the interest 
                        in the facility shall be treated as the 
                        taxpayer for purposes of assessing any 
                        recapture liability (computed as if there had 
                        been no change in ownership).
            ``(4) Special rules.--
                    ``(A) Tax benefit rule.--The tax for the taxable 
                year shall be increased under paragraph (1) only with 
                respect to credits allowed by reason of this section 
                which were used to reduce tax liability. In the case of 
                credits not so used to reduce tax liability, the 
                carryforwards and carrybacks under section 39 shall be 
appropriately adjusted.
                    ``(B) No credits against tax.--Any increase in tax 
                under this subsection shall not be treated as a tax 
                imposed by this chapter for purposes of determining the 
                amount of any credit under subpart A, B, or D of this 
                part.
                    ``(C) No recapture by reason of casualty loss.--The 
                increase in tax under this subsection shall not apply 
                to a cessation of operation of the facility as a 
                qualified child care facility by reason of a casualty 
                loss to the extent such loss is restored by 
                reconstruction or replacement within a reasonable 
                period established by the Secretary.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Aggregation rules.--All persons which are treated as 
        a single employer under subsections (a) and (b) of section 52 
        shall be treated as a single taxpayer.
            ``(2) Pass-thru in the case of estates and trusts.--Under 
        regulations prescribed by the Secretary, rules similar to the 
        rules of subsection (d) of section 52 shall apply.
            ``(3) Allocation in the case of partnerships.--In the case 
        of partnerships, the credit shall be allocated among partners 
        under regulations prescribed by the Secretary.
    ``(f) No Double Benefit.--
            ``(1) Reduction in basis.--For purposes of this subtitle--
                    ``(A) In general.--If a credit is determined under 
                this section with respect to any property by reason of 
                expenditures described in subsection (c)(1)(A), the 
                basis of such property shall be reduced by the amount 
                of the credit so determined.
                    ``(B) Certain dispositions.--If, during any taxable 
                year, there is a recapture amount determined with 
                respect to any property the basis of which was reduced 
                under subparagraph (A), the basis of such property 
                (immediately before the event resulting in such 
                recapture) shall be increased by an amount equal to 
                such recapture amount. For purposes of the preceding 
                sentence, the term `recapture amount' means any 
                increase in tax (or adjustment in carrybacks or 
                carryovers) determined under subsection (d).
            ``(2) Other deductions and credits.--No deduction or credit 
        shall be allowed under any other provision of this chapter with 
        respect to the amount of the credit determined under this 
        section.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986 is 
        amended by striking ``plus'' at the end of paragraph (12), by 
        striking the period at the end of paragraph (13) and inserting 
        ``, plus'', and by adding at the end the following:
            ``(14) the employer-provided child care credit determined 
        under section 45E.''.
            (2) Subsection (d) of section 39 of such Code is amended by 
        adding at the end the following new paragraph:
            ``(10) No carryback of employer-provided child care credit 
        before january 1, 2002.--No portion of the unused business 
        credit for any taxable year which is attributable to the credit 
        under section 45E may be carried back to a taxable year ending 
        before January 1, 2002.''.
            (3) Subsection (c) of section 196 of such Code is amended 
        by striking ``and'' at the end of paragraph (8), by striking 
        the period at the end of paragraph (9) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(10) the employer-provided child care credit determined 
        under section 45E(a).''.
            (4) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following:

                              ``Sec. 45E. Employer-provided child care 
                                        credit.''.
            (5) Section 1016(a) of such Code is amended by striking 
        ``and'' at the end of paragraph (26), by striking the period at 
        the end of paragraph (27) and inserting ``, and'', and by 
        adding at the end the following:
            ``(28) in the case of a facility with respect to which a 
        credit was allowed under section 45E, to the extent provided in 
        section 45E(f)(1).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001.

              TITLE V--EXPANDING FAMILY AND MEDICAL LEAVE

    Subtitle A--Family Income to Respond to Significant Transitions

SEC. 501. SHORT TITLE.

    This subtitle may be cited as the ``Family Income to Respond to 
Significant Transitions Insurance Act''.

SEC. 502. PURPOSES.

    The purposes of this subtitle are--
            (1) to establish a demonstration program that supports the 
        efforts of States and political subdivisions to provide partial 
        or full wage replacement, often referred to as FIRST insurance, 
        to new parents so that the new parents are able to spend time 
        with a new infant or newly adopted child, and to other 
        employees; and
            (2) to learn about the most effective mechanisms for 
        providing the wage replacement assistance.

SEC. 503. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, acting after consultation with the Secretary of 
        Health and Human Services.
            (2) Son or daughter; state.--The terms ``son or daughter'' 
        and ``State'' have the meanings given the terms in section 101 
        of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

SEC. 504. DEMONSTRATION PROJECTS.

    (a) Grants.--The Secretary shall make grants to eligible entities 
to pay for the Federal share of the cost of carrying out projects that 
assist families by providing, through various mechanisms, wage 
replacement for eligible individuals that are responding to caregiving 
needs resulting from the birth or adoption of a son or daughter or 
other family caregiving needs. The Secretary shall make the grants for 
periods of 5 years.
    (b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a State or political subdivision of a 
State.
    (c) Use of Funds.--
            (1) In general.--An entity that receives a grant under this 
        section may use the funds made available through the grant to 
        provide partial or full wage replacement as described in 
        subsection (a) to eligible individuals--
                    (A) directly;
                    (B) through an insurance program, such as a State 
                temporary disability insurance program or the State 
                unemployment compensation benefit program;
                    (C) through a private disability or other insurance 
                plan, or another mechanism provided by a private 
                employer; or
                    (D) through another mechanism.
            (2) Administrative costs.--No entity may use more than 10 
        percent of the total funds made available through the grant 
        during the 5-year period of the grant to pay for the 
        administrative costs relating to a project described in 
        subsection (a).
    (d) Eligible Individuals.--To be eligible to receive wage 
replacement under subsection (a), an individual shall--
            (1) meet such eligibility criteria as the eligible entity 
        providing the wage replacement may specify in an application 
        described in subsection (e); and
            (2) be--
                    (A) an individual who is taking leave, under the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.), other Federal, State, or local law, or a private 
                plan, for a reason described in subparagraph (A) or (B) 
                of section 102(a)(1) of the Family and Medical Leave 
                Act of 1993 (29 U.S.C. 2612(a)(1));
                    (B) at the option of the eligible entity, an 
                individual who--
                            (i) is taking leave, under that Act, other 
                        Federal, State, or local law, or a private 
                        plan, for a reason described in subparagraph 
                        (C) or (D) of section 102(a)(1) of the Family 
                        and Medical Leave Act of 1993 (29 U.S.C. 
                        2612(a)(1)); or
                            (ii) leaves employment because the 
                        individual has elected to care for a son or 
                        daughter under age 1; or
                    (C) at the option of the eligible entity, an 
                individual with other characteristics specified by the 
                eligible entity in an application described in 
                subsection (e).
    (e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary, at 
such time, in such manner, and containing such information as the 
Secretary may require, including, at a minimum--
            (1) a plan for the project to be carried out with the 
        grant;
            (2) information demonstrating that the applicant consulted 
        representatives of employers and employees, including labor 
        organizations, in developing the plan;
            (3) estimates of the costs and benefits of the project;
            (4)(A) information on the number and type of families to be 
        covered by the project, and the extent of such coverage in the 
        area served under the grant; and
            (B) information on any criteria or characteristics that the 
        entity will use to determine whether an individual is eligible 
        for wage replacement under subsection (a), as described in 
        paragraphs (1) and (2)(C) of subsection (d);
            (5) if the project will expand on State and private systems 
        of wage replacement for eligible individuals, information on 
        the manner in which the project will expand on the systems;
            (6) information demonstrating the manner in which the wage 
        replacement assistance provided through the project will assist 
        families in which an individual takes leave as described in 
        subsection (d)(1); and
            (7) an assurance that the applicant will participate in 
        efforts to evaluate the effectiveness of the project.
    (f) Selection Criteria.--In selecting entities to receive grants 
for projects under this section, the Secretary shall--
            (1) take into consideration--
                    (A) the scope of the proposed projects;
                    (B) the cost-effectiveness, feasibility, and 
                financial soundness of the proposed projects;
                    (C) the extent to which the proposed projects would 
                expand access to wage replacement in response to family 
                caregiving needs, particularly for low-wage employees, 
in the area served by the grant; and
                    (D) the benefits that would be offered to families 
                and children through the proposed projects; and
            (2) to the extent feasible, select entities proposing 
        projects that utilize diverse mechanisms, including expansion 
        of State unemployment compensation benefit programs, and 
        establishment or expansion of State temporary disability 
        insurance programs, to provide the wage replacement.
    (g) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be--
                    (A) 50 percent for the first year of the grant 
                period;
                    (B) 40 percent for the second year of that period;
                    (C) 30 percent for the third year of that period; 
                and
                    (D) 20 percent for each subsequent year.
            (2) Non-federal share.--The non-Federal share of the cost 
        may be in cash or in kind, fairly evaluated, including plant, 
        equipment, and services and may be provided from State, local, 
        or private sources, or Federal sources other than this 
        subtitle.
    (h) Supplement Not Supplant.--Funds appropriated pursuant to the 
authority of this subtitle shall be used to supplement and not supplant 
other Federal, State, and local public funds and private funds expended 
to provide wage replacement.
    (i) Effect on Existing Rights.--Nothing in this subtitle shall be 
construed to supersede, preempt, or otherwise infringe on the 
provisions of any collective bargaining agreement or any employment 
benefit program or plan that provides greater rights to employees than 
the rights established under this subtitle.

SEC. 505. EVALUATIONS AND REPORTS.

    (a) Available Funds.--The Secretary shall use not more than 2 
percent of the funds made available under section 5 to carry out this 
section.
    (b) Evaluations.--The Secretary shall, directly or by contract, 
evaluate the effectiveness of projects carried out with grants made 
under section 5, including conducting--
            (1) research relating to the projects, including research 
        comparing--
                    (A) the scope of the projects, including the type 
                of insurance or other wage replacement mechanism used, 
                the method of financing used, the eligibility 
                requirements, the level of the wage replacement benefit 
                provided (such as the percentage of salary replaced), 
                and the length of the benefit provided, for the 
                projects;
                    (B) the utilization of the projects, including the 
                characteristics of individuals who benefit from the 
                projects, particularly low-wage workers, and factors 
                that determine the ability of eligible individuals to 
                obtain wage replacement through the projects; and
                    (C) the costs of and savings achieved by the 
                projects, including the cost-effectiveness of the 
                projects and their benefits for children and families;
            (2) analysis of the overall need for wage replacement; and
            (3) analysis of the impact of the projects on the overall 
        availability of wage replacement.
    (c) Reports.--
            (1) Initial report.--Not later than 3 years after the 
        beginning of the grant period for the first grant made under 
        section 5, the Secretary shall prepare and submit to Congress a 
        report that contains information resulting from the evaluations 
        conducted under subsection (b).
            (2) Subsequent reports.--Not later than 4 years after the 
        beginning of that grant period, and annually thereafter, the 
        Secretary shall prepare and submit to Congress a report that 
        contains--
                    (A) information resulting from the evaluations 
                conducted under subsection (b); and
                    (B) usage data for the demonstration projects, for 
                the most recent year for which data are available.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
$400,000,000 for fiscal year 2002 and such sums as may be necessary for 
each subsequent fiscal year.

                 Subtitle B--Family Friendly Workplaces

SEC. 511. SHORT TITLE.

    This subtitle may be cited as the ``Family and Medical Leave 
Fairness Act of 2001''.

SEC. 512. COVERAGE OF EMPLOYEES.

    Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii) and (4)(A)(i)) 
are amended by striking ``50'' each place it appears and inserting 
``25''.

                      Subtitle C--Time for Schools

SEC. 521. SHORT TITLE.

    This subtitle may be cited as the ``Time for Schools Act of 2001''.

SEC. 522. GENERAL REQUIREMENTS FOR LEAVE.

    (a) Entitlement to Leave.--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:
            ``(3) Entitlement to school involvement leave.--
                    ``(A) In general.--Subject to section 103(f), an 
                eligible employee shall be entitled to a total of 24 
                hours of leave during any 12-month period to 
                participate in an academic activity of a school of a 
                son or daughter of the employee, such as a parent-
                teacher conference or an interview for a school, or to 
                participate in literacy training under a family 
                literacy program.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Family literacy program.--The term 
                        `family literacy program' means a program of 
                        services that are of sufficient intensity in 
                        terms of hours, and of sufficient duration, to 
                        make sustainable changes in a family and that 
                        integrate all of the following activities:
                                    ``(I) Interactive literacy 
                                activities between parents and their 
                                sons and daughters.
                                    ``(II) Training for parents on how 
                                to be the primary teacher for their 
                                sons and daughters and full partners in 
                                the education of their sons and 
                                daughters.
                                    ``(III) Parent literacy training.
                                    ``(IV) An age-appropriate education 
                                program for sons and daughters.
                            ``(ii) Literacy.--The term `literacy', used 
                        with respect to an individual, means the 
                        ability of the individual to speak, read, and 
                        write English, and compute and solve problems, 
                        at levels of proficiency necessary--
                                    ``(I) to function on the job, in 
                                the family of the individual, and in 
                                society;
                                    ``(II) to achieve the goals of the 
                                individual; and
                                    ``(III) to develop the knowledge 
                                potential of the individual.
                            ``(iii) School.--The term `school' means an 
                        elementary school or secondary school (as such 
                        terms are defined in section 14101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 8801)), a Head Start program 
                        assisted under the Head Start Act (42 U.S.C. 
                        9831 et seq.), and a child care facility 
                        operated by a provider who meets the applicable 
                        State or local government licensing, 
                        certification, approval, or registration 
                        requirements, if any.
            ``(4) Limitation.--No employee may take more than a total 
        of 12 workweeks of leave under paragraphs (1) and (3) during 
        any 12-month period.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the second sentence the following: 
``Leave under subsection (a)(3) may be taken intermittently or on a 
reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act 
(29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the 
following: ``, or for leave provided under subsection (a)(3) for any 
part of the 24-hour period of such leave under such subsection''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is 
amended by adding at the end the following:
            ``(3) Notice for school involvement leave.--In any case in 
        which the necessity for leave under subsection (a)(3) is 
        foreseeable, the employee shall provide the employer with not 
        less than 7 days' notice, before the date the leave is to 
        begin, of the employee's intention to take leave under such 
        subsection. If the necessity for the leave is not foreseeable, 
        the employee shall provide such notice as is practicable.''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following:
    ``(f) Certification for School Involvement Leave.--An employer may 
require that a request for leave under section 102(a)(3) be supported 
by a certification issued at such time and in such manner as the 
Secretary may by regulation prescribe.''.

SEC. 523. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERVICE EMPLOYEES.

    (a) Entitlement to Leave.--Section 6382(a) of title 5, United 
States Code, is amended by adding at the end the following:
    ``(3)(A) Subject to section 6383(f), an employee shall be entitled 
to a total of 24 hours of leave during any 12-month period to 
participate in an academic activity of a school of a son or daughter of 
the employee, such as a parent-teacher conference or an interview for a 
school, or to participate in literacy training under a family literacy 
program.
    ``(B) In this paragraph:
            ``(i) The term `family literacy program' means a program of 
        services that are of sufficient intensity in terms of hours, 
        and of sufficient duration, to make sustainable changes in a 
        family and that integrate all of the following activities:
                    ``(I) Interactive literacy activities between 
                parents and their sons and daughters.
                    ``(II) Training for parents on how to be the 
                primary teacher for their sons and daughters and full 
                partners in the education of their sons and daughters.
                    ``(III) Parent literacy training.
                    ``(IV) An age-appropriate education program for 
                sons and daughters.
            ``(ii) The term `literacy', used with respect to an 
        individual, means the ability of the individual to speak, read, 
        and write English, and compute and solve problems, at levels of 
        proficiency necessary--
                    ``(I) to function on the job, in the family of the 
                individual, and in society;
                    ``(II) to achieve the goals of the individual; and
                    ``(III) to develop the knowledge potential of the 
                individual.
            ``(iii) The term `school' means an elementary school or 
        secondary school (as such terms are defined in section 14101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801)), a Head Start program assisted under the Head Start Act 
        (42 U.S.C. 9831 et seq.), and a child care facility operated by 
        a provider who meets the applicable State or local government 
        licensing, certification, approval, or registration 
        requirements, if any.
    ``(4) No employee may take more than a total of 12 workweeks of 
leave under paragraphs (1) and (3) during any 12-month period.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended by 
inserting after the second sentence the following: ``Leave under 
subsection (a)(3) may be taken intermittently or on a reduced leave 
schedule.''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended by inserting before ``, except'' the following: ``, or for 
leave provided under subsection (a)(3) any of the employee's accrued or 
accumulated annual leave under subchapter I for any part of the 24-hour 
period of such leave under such subsection''.
    (d) Notice.--Section 6382(e) of such title is amended by adding at 
the end the following:
    ``(3) In any case in which the necessity for leave under subsection 
(a)(3) is foreseeable, the employee shall provide the employing agency 
with not less than 7 days' notice, before the date the leave is to 
begin, of the employee's intention to take leave under such subsection. 
If the necessity for the leave is not foreseeable, the employee shall 
provide such notice as is practicable.''.
    (e) Certification.--Section 6383 of such title is amended by adding 
at the end the following:
    ``(f) An employing agency may require that a request for leave 
under section 6382(a)(3) be supported by a certification issued at such 
time and in such manner as the Office of Personnel Management may by 
regulation prescribe.''.

SEC. 524. EFFECTIVE DATE.

    This subtitle takes effect 120 days after the date of enactment of 
this Act.

          Subtitle D--Employment Protection for Battered Women

SEC. 531. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              NON-FEDERAL EMPLOYEES.

    (a) Definitions.--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:
            ``(14) Addressing domestic violence and its effects.--The 
        term `addressing domestic violence and its effects' means--
                    ``(A) being unable to attend or perform work due to 
                an incident of domestic violence;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(D) obtaining services from a domestic violence 
                shelter or program or rape crisis center as a result of 
                domestic violence;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved.
            ``(15) Domestic violence.--The term `domestic violence' 
        means domestic violence, and dating violence, as such terms are 
        defined in section 2105 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796hh-4).''.
    (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), by adding at the end the 
        following:
                    ``(E) In order to care for the son, daughter, or 
                parent of the employee, if such son, daughter, or 
                parent is addressing domestic violence and its effects.
                    ``(F) Because the employee is addressing domestic 
                violence and its effects, which make the employee 
                unable to perform the functions of the position of such 
                employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--Leave under subparagraph (E) or 
        (F) of subsection (a)(1) may be taken by an eligible 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.''; 
        and
            (3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613), as amended by section 522(e), is further 
amended--
            (1) in the title of the section, by inserting before the 
        period the following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(g) Domestic Violence.--In determining if an employee meets the 
requirements of subparagraph (E) or (F) of section 102(a)(1), the 
employer of an employee may require the employee to provide--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
torn or bloody clothing, or any other damaged property.
    ``(h) Confidentiality.--All evidence provided to the employer under 
subsection (g) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employer, except to the extent that disclosure is 
requested, or consented to, by the employee for the purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 532. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) at the end of paragraph (5), by striking ``and'';
            (2) in paragraph (6), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(7) the term `addressing domestic violence and its 
        effects' has the meaning given the term in section 101 of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
            ``(8) the term `domestic violence' means domestic violence, 
        and dating violence, as such terms are defined in section 2105 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796hh-4).''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
            ``(E) In order to care for the son, daughter, or parent of 
        the employee, if such son, daughter, or parent is addressing 
        domestic violence and its effects.
            ``(F) Because the employee is addressing domestic violence 
        and its effects, which make the employee unable to perform the 
        functions of the position of such employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--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.''; 
        and
            (3) in subsection (d), by striking ``(C), or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 6383 of title 5, United States Code, as 
amended by section 523(e), is further amended--
            (1) in the title of the section, by adding at the end the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(g) 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--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
        torn or bloody clothing, or other damaged property.
    ``(h) All evidence provided to the employing agency under 
subsection (g) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employing agency, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 533. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

    (a) Definitions.--In this section:
            (1) Addressing domestic violence and its effects.--The term 
        ``addressing domestic violence and its effects'' has the 
        meaning given the term in section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611), as amended in section 
        531(a).
            (2) Employee.--The term ``employee'' means any person 
        employed by an employer. In the case of an individual employed 
        by a public agency, such term means an individual employed as 
        described in section 3(e) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(e)).
            (3) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals, if such person is also subject to the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.) or to any provision of a State or local law, 
collective bargaining agreement, or employment benefits program or 
plan, addressing paid or unpaid leave from employment (including 
family, medical, sick, annual, personal, or similar leave); and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to any employee, and includes a public agency, who is 
                subject to a law, agreement, program, or plan described 
                in subparagraph (A), but does not include any labor 
                organization (other than when acting as an employer) or 
                anyone acting in the capacity of officer or agent of 
                such labor organization.
            (4) Employment benefits.--The term ``employment benefits'' 
        has the meaning given the term in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (5) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (6) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).
    (b) Use of Existing Leave.--An employee who is entitled to take 
paid or unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment, pursuant to State or local 
law, a collective bargaining agreement, or an employment benefits 
program or plan, shall be permitted to use such leave for the purpose 
of addressing domestic violence and its effects, or for the purpose of 
caring for a son or daughter or parent of the employee, if such son or 
daughter or parent is addressing domestic violence and its effects.
    (c) Certification.--In determining whether an employee qualifies to 
use leave as described in subsection (b), an employer may require a 
written statement, documentation of domestic violence, or corroborating 
evidence consistent with section 103(g) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2613(g)), as amended by section 531(c).
    (d) Confidentiality.--All evidence provided to the employer under 
subsection (c) of domestic violence experienced by an employee or the 
son or daughter or parent of the employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son or daughter or parent who is 
addressing, domestic violence and its effects, shall be retained in the 
strictest confidence by the employer, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            (1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            (2) assisting in documenting domestic violence for a court 
        or agency.
    (e) Prohibited Acts.--
            (1) Interference with rights.--
                    (A) 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 section.
                    (B) Discrimination.--It shall be unlawful for any 
                employer to discharge or in any other manner 
                discriminate against an individual for opposing any 
                practice made unlawful by this section.
            (2) 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--
                    (A) has filed any charge, or had instituted or 
                caused to be instituted any proceeding, under or 
                related to this section;
                    (B) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under this section; or
                    (C) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this section.
    (f) Enforcement.--
            (1) Public enforcement.--The Secretary of Labor shall have 
        the powers set forth in subsections (b), (c), (d), and (e) of 
        section 107 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2617) for the purpose of public agency enforcement of 
        any alleged violation of subsection (e) against any employer.
            (2) Private enforcement.--The remedies and procedures set 
        forth in section 107(a) of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2617(a)) shall be the remedies and procedures 
        pursuant to which an employee may initiate a legal action 
        against an employer for alleged violations of subsection (e).
            (3) References.--For purposes of paragraph (1) and (2), 
        references in section 107 of the Family and Medical Leave Act 
        of 1993 to section 105 of such Act shall be considered to be 
        references to subsection (e).
            (4) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer to an employee for harm suffered relating to the 
        employee's experience of domestic violence pursuant to any 
        other Federal or State law, including a law providing for a 
        legal remedy.
                                 <all>