[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 18 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 18
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 SENATE OF THE UNITED STATES
January 22, 2001
Mr. Daschle (for himself, Mr. Dodd, Mr. Kennedy, Mrs. Murray, Mr.
Wellstone, Mrs. Clinton, Mr. Sarbanes, Mr. Rockefeller, Mr. Schumer,
Mrs. Boxer, Mr. Johnson, Mr. Corzine, Mr. Breaux, Mr. Durbin, Mr.
Levin, Mr. Dorgan, Mr. Reed, and Mr. Kerry) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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 taxpayers'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 taxpayers'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.
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