[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2363 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2363
To improve early learning opportunities and promote preparedness by
increasing the availability of Head Start programs, to increase the
availability and affordability of quality child care, to reduce child
hunger and encourage healthy eating habits, to facilitate parental
involvement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2003
Ms. DeLauro (for herself, Mr. Cummings, Mrs. Jones of Ohio, Ms.
Woolsey, Mr. McNulty, Mr. Owens, Mr. Sanders, Ms. Solis, Ms. Kaptur,
Mr. Pallone, Mr. Serrano, Mr. Waxman, Ms. Jackson-Lee of Texas, Mr.
Rodriguez, Mr. Frost, Ms. Lofgren, Mr. Conyers, Mr. Allen, and Mr.
Brown of Ohio) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Energy and Commerce, Ways and Means, House
Administration, Government Reform, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve early learning opportunities and promote preparedness by
increasing the availability of Head Start programs, to increase the
availability and affordability of quality child care, to reduce child
hunger and encourage healthy eating habits, to facilitate parental
involvement, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Right Start Act of
2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--INVESTING IN HEAD START
Sec. 101. Authorization of appropriations.
TITLE II--IMPROVING THE AFFORDABILITY AND QUALITY OF CHILD CARE FOR
WORKING FAMILIES
Sec. 201. Increase in funding for child care.
Sec. 202. Clarification of authority of States to use TANF funds
carried over from prior years to provide
TANF benefits and services.
TITLE III--FIGHTING CHILDHOOD HUNGER AND PROMOTING HEALTHY EATING
HABITS
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Subtitle A--Training Grants
Sec. 311. Grants to provide training for health profession students.
Sec. 312. Grants to provide training for health professionals.
Subtitle B--Local Grants
Sec. 321. Grants to increase physical activity and improve nutrition.
Subtitle C--School Health Program
Sec. 331. Establishment of a coordinated school health program.
Sec. 332. National Center for Health Statistics.
Subtitle D--Institute of Medicine Study
Sec. 341. Study of the food supplement and nutrition programs of the
Department of Agriculture.
Subtitle E--Agency for Healthcare Research and Quality Studies
Sec. 351. Evidence report on weight reduction programs.
Sec. 352. Health disparities report.
Subtitle F--Preventive Health and Health Services Block Grant
Sec. 361. Use of allotments.
Subtitle G--Medicare Nutrition Therapy Demonstration Project
Sec. 371. Demonstration project to reduce obesity and other chronic
disease risks.
Subtitle H--Overweight and Obesity Treatment and Prevention
Demonstration Projects
Sec. 381. Grants to local healthcare delivery systems.
Subtitle I--Research on Obesity
Sec. 391. Report on obesity research.
Subtitle J--Youth Media Campaign
Sec. 395. Grants and contracts for a national campaign to change
children's health behaviors.
Subtitle K--Sense of the Senate
Sec. 399. Sense of the Senate concerning nutrition.
TITLE IV--SUPPORTING SERVICES TO LOW-INCOME FAMILIES THROUGH THE SOCIAL
SERVICES BLOCK GRANT
Sec. 401. Increase in funding.
TITLE V--EXPANDING THE FAMILY AND MEDICAL LEAVE ACT
Sec. 501. Short title.
Sec. 502. Findings.
Subtitle A--Family Income To Respond to Significant Transitions
Sec. 511. Short title.
Sec. 512. Purposes.
Sec. 513. Definitions.
Sec. 514. Demonstration projects.
Sec. 515. Notification.
Sec. 516. Evaluations and reports.
Sec. 517. Authorization of appropriations.
Sec. 518. Technical and conforming amendments.
Subtitle B--Family Friendly Workplaces
Sec. 521. Short title.
Sec. 522. Coverage of employees.
Subtitle C--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.
Subtitle D--Federal Employees Paid Parental Leave
Sec. 541. Short title.
Sec. 542. Demonstration project.
Sec. 543. Technical and conforming amendments.
Sec. 544. Effective date.
Subtitle E--Time for Schools
Sec. 551. Short title.
Sec. 552. General requirements for leave.
Sec. 553. School involvement leave for civil service employees.
Sec. 554. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Learning is an active process that begins at birth, is
dependent on the existence of strong and stable relationships,
is influenced by a child's physical, emotional, social, and
cognitive capacities, and is shaped by a combination of biology
and experience.
(2) Before children reach the age of 2 years, measurable
differentiation in their development and skills begins to
appear. In the absence of intervention, that differentiation
may increase over the preschool years.
(3) Early childhood, which is the period in a child's life
from birth through the age of 6 years, is a critical time for
children to develop the physical, emotional, social, and
cognitive skills they will need for the rest of their lives.
Good nutrition and health care are essential to maximize the
development process.
(4) Young children receive care in a wide variety of
settings. While 38 percent of young children receive care
solely from their parents, the remaining 62 percent receive
care through a variety of full-time and part-time arrangements,
including by relatives, by nonrelatives (in a variety of home-
based settings), and through center-based programs.
(5) The cognitive, social, and emotional development of
young children can be enhanced through parental involvement and
high-quality early care, and developmentally appropriate early
education activities.
(6) Research indicates that successful academic achievement
in education programs for children in kindergarten and grades 1
through 12 is linked to participation in high quality early
care, including access to health care and nutrition, and early
education activities.
(7) The United States will be stronger now and in the
future if the Nation invests in its children today.
TITLE I--INVESTING IN HEAD START
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: ``$7,500,000,000 for fiscal year 2004,
$8,290,000,000 for fiscal year 2005, $9,040,000,000 for fiscal year
2006, $9,890,000,000 for fiscal year 2007, and $10,890,000,000 for
fiscal year 2008.''.
(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 ``2008''.
(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 2004 through 2008''.
TITLE II--IMPROVING THE AFFORDABILITY AND QUALITY OF CHILD CARE FOR
WORKING FAMILIES
SEC. 201. INCREASE IN FUNDING FOR CHILD CARE.
(a) Increase in Funding.--Section 418(a)(3) of the Social Security
Act (42 U.S.C. 618(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by adding at the end the following:
``(G) $3,717,000,000 for fiscal year 2004;
``(H) $4,217,000,000 for fiscal year 2005;
``(I) $4,917,000,000 for fiscal year 2006;
``(J) $5,617,000,000 for fiscal year 2007; and
``(K) $6,367,000,000 for fiscal year 2008.''.
(b) Increase in Set Aside for Child Care Quality.--Section 658G of
the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858e) is amended by striking ``4 percent'' and inserting ``10
percent''.
(c) Indian Tribes and Puerto Rico.--
(1) In general.--Section 418(a) of the Social Security Act
(42 U.S.C. 618(a)) is amended by striking paragraph (4) and
inserting the following:
``(4) Amounts reserved.--
``(A) Indian tribes.--The Secretary shall reserve 2
percent of the aggregate amount appropriated to carry
out this section under paragraphs (3) and (5) for each
fiscal year for payments to Indian tribes and tribal
organizations for each such fiscal year for the purpose
of providing child care assistance.
``(B) Puerto rico.--The Secretary shall reserve
$10,000,000 of the amount appropriated under paragraph
(3) for each fiscal year for payments to the
Commonwealth of Puerto Rico for each such fiscal year
for the purpose of providing child care assistance.''.
(2) Conforming amendment.--Section 1108(a)(2) of the Social
Security Act (42 U.S.C. 1308(a)(2)) is amended by striking ``or
413(f)'' and inserting ``413(f), or 418(a)(4)(B)''.
SEC. 202. CLARIFICATION OF AUTHORITY OF STATES TO USE TANF FUNDS
CARRIED OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS
AND SERVICES.
Section 404(e) of the Social Security Act (42 U.S.C. 604(e)) is
amended--
(1) in the subsection heading, by striking ``Assistance''
and inserting ``benefits or services''; and
(2) after the heading, by striking ``assistance'' and
inserting ``any benefit or service that may be provided''.
TITLE III--FIGHTING CHILDHOOD HUNGER AND PROMOTING HEALTHY EATING
HABITS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Improved Nutrition and Physical
Activity Act'' or the ``IMPACT Act''.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) An estimated 61 percent of United States adults and 13
percent of children and adolescents are overweight or obese.
(2) The prevalence of obesity and being overweight is
increasing among all age groups. There are twice the number of
overweight children and 3 times the number of overweight
adolescents as there were 29 years ago.
(3) An estimated 300,000 deaths a year are associated with
being overweight or obese.
(4) Obesity and being overweight are associated with
increased risk for heart disease (the leading cause of death),
cancer (the second leading cause of death), diabetes (the 6th
leading cause of death), and musculoskeletal disorders.
(5) Individuals who are obese have a 50 to 100 percent
increased risk of premature death.
(6) The Healthy People 2010 goals identify obesity and
being overweight as one of the Nation's leading health problems
and include objectives of increasing the proportion of adults
who are at a healthy weight, reducing the proportion of adults
who are obese, and reducing the proportion of children and
adolescents who are overweight or obese.
(7) Another goal of Healthy People 2010 is to eliminate
health disparities among different segments of the population.
Obesity is a health problem that disproportionally impacts
medically underserved populations.
(8) The United States Surgeon General's report ``A Call To
Action'' lists the treatment and prevention of obesity as a top
national priority.
(9) The estimated direct and indirect annual cost of
obesity in the United States is $117,000,000,000, which exceeds
the cost of tobacco-related illnesses and appears to be rising
dramatically.
(10) Weight control programs should promote a healthy
lifestyle including regular physical activity and healthy
eating, as consistently discussed and identified in a variety
of public and private consensus documents, including ``A Call to
Action'' and other documents prepared by the Department of Health and
Human Services and other agencies.
SEC. 303. DEFINITIONS.
In this title:
(1) Obese.--The term ``obese'' means an adult with a Body
Mass Index (BMI) of 30 kg/m<SUP>2</SUP> or greater.
(2) Overweight.--The term ``overweight'' means an adult
with a Body Mass Index (BMI) of 25 to 29.9 kg/m<SUP>2</SUP> and
a child or adolescent with a BMI at or above the 95th
percentile on the revised Centers for Disease Control and
Prevention growth charts.
(3) Secretary.--Unless otherwise indicated, term
``Secretary'' means the Secretary of Health and Human Services.
Subtitle A--Training Grants
SEC. 311. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSION STUDENTS.
Section 747(c)(3) of title VII of the Public Health Service Act (42
U.S.C. 293k(c)(3)) is amended by striking ``and victims of domestic
violence'' and inserting ``victims of domestic violence, and
individuals (including children) who are overweight or obese (as such
terms are defined in section 303 of the Improved Nutrition and Physical
Activity Act) and at risk for related, serious and chronic medical
conditions''.
SEC. 312. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSIONALS.
Section 399Z of the Public Health Service Act (42 U.S.C. 280h-3) is
amended by striking subsection (b) and inserting the following:
``(b) Grants.--
``(1) In general.--The Secretary may award grants to
qualified entities to train primary care physicians and other
licensed or certified health professionals on how to identify,
treat, and prevent obesity and aid individuals who are
overweight (as such term is defined in section 303 of the
Improved Nutrition and Physical Activity Act).
``(2) Application.--An entity that desires a grant under
this subsection shall submit an application at such time, in
such form, and containing such information as the Secretary may
require, including a plan for the use of funds that may be
awarded and an evaluation of the training that will be
provided.
``(3) Use of funds.--An entity that receives a grant under
this subsection shall use the funds made available through such
grant to--
``(A) conduct educational conferences, including
Internet-based courses and teleconferences, on--
``(i) how to treat and prevent obesity and
being overweight using nutritional counseling,
methods to increase physical activity,
pharmacological therapies, motivational
counseling to promote positive changes in
health behaviors and to assist patients in
identifying potential barriers to adhering to
medical recommendations, and other proven
interventions;
``(ii) how to discuss varied strategies to
promote positive behavior change and healthy
lifestyles to avoid obesity, being overweight,
and other eating disorders;
``(iii) how to identify overweight and
obese patients and those who are at risk for
obesity and being overweight and therefore at
risk for related serious and chronic medical
conditions;
``(iv) how to conduct a comprehensive
assessment of individual and familial health
risk factors, such as poor nutritional status,
physical inactivity, and personal and family
history of obesity and related serious and
chronic medical conditions; and
``(v) how to educate patients and their
families about effective strategies to improve
dietary habits and establish appropriate levels
of physical activity;
``(B) conduct training to enhance cultural and
linguistic competency and communication skills needed
to effectively interact with patients from diverse
populations regarding weight, health, and nutritional
status, including raising awareness of issues regarding
stigma and prejudice about obesity or being overweight;
``(C) evaluate the effectiveness of the training
provided by such entity in increasing knowledge and
changing attitudes and behaviors of trainees;
``(D) develop training materials and course content
using evidence-based findings or recommendations that
pertain to obesity and overweight treatment and
prevention ; and
``(E) collaborate with other training programs
related to overweight and obesity prevention and
treatment.
``(4) Evaluation.--
``(A) In general.--An entity that receives a grant
under this subsection shall submit to the Secretary an
evaluation that describes the activities carried out by
such entity with funds received under this section.
``(B) Contents.--Such evaluation shall include an
assessment of the effectiveness of the activities in
increasing physical activity, improving nutrition, and
preventing individuals from becoming overweight or
obese, treating individuals who are overweight or obese, and any other
information that the Secretary may require.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for fiscal year
2004, and such sums as may be necessary for each of the fiscal years
2005 through 2008.''.
Subtitle B--Local Grants
SEC. 321. GRANTS TO INCREASE PHYSICAL ACTIVITY AND IMPROVE NUTRITION.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``SEC. 399AA. GRANTS TO INCREASE PHYSICAL ACTIVITY AND IMPROVE
NUTRITION.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in consultation with
Administrator of the Health Resources and Services Administration, the
Director of the Indian Health Service, and the heads of other
appropriate agencies, shall award competitive grants to cities,
counties, tribes, and States to plan, implement, and evaluate
culturally and linguistically appropriate and competent community-based
programs and promote good nutrition and physical activity to prevent
overweight, obesity (as such terms are defined in section 303 of the
Improved Nutrition and Physical Activity Act), and related serious and
chronic medical conditions that may result from being overweight or
obese (as such terms are defined in section 303 of the Improved
Nutrition and Physical Activity Act).
``(b) Award of Grants.--A city, county, tribe, or State desiring a
grant under this section shall submit an application to the Secretary
at such time, in such form, and containing such information as the
Secretary may require, including a plan describing how funds received
through a grant under this section will be used and an evaluation of
the programs that will be provided. In awarding grants under this
section, the Secretary shall ensure that the proposed programs are
coordinated in substance and format with programs currently funded
through other Federal agencies and operating within the community.
``(c) Use of Funds.--A city, county, tribe, or State that receives
a grant under this section shall use the funds made available through
the grant to carry out 3 or more of the following activities:
``(1) Planning for and promotion of bike paths, walking
paths, or other similar or related environmental changes that
promote physical activity.
``(2) Forming partnerships and activities with businesses
and other entities to increase activity levels at the workplace
and while traveling to and from the workplace, develop wellness
programs that relate to overweight and obesity, and to enhance
nutritional status by improving food options.
``(3) Establishing tax and other incentives for businesses
to increase the activity levels and improve the nutrition of
their employees by encouraging such employees to--
``(A) walk or bike to work;
``(B) engage in other physical activity during
working hours; and
``(C) improve available food options.
``(4) Forming partnerships with public and private entities
including schools, faith-based entities, and other facilities
providing recreational services to establish programs that use
their facilities for after-school and weekend activities for
the community.
``(5) Establishing tax or other incentives for retail food
stores, grocery stores, and other retail food outlets that
offer nutritious foods, to encourage such stores and outlets to
locate in economically depressed areas to improve the
nutritional status of the community.
``(6) Forming partnerships with senior centers and nursing
homes to establish programs for older people to foster physical
activity and improved nutrition, including strength,
flexibility, and aerobic classes.
``(7) Providing educational activities targeting healthier
eating, such as cooking and shopping demonstrations, onsite
consultation by nutrition professionals at restaurants, and
community educational outreach using evidence-based nutrition
recommendations.
``(8) Forming partnerships with day care facilities to
establish programs that promote improved nutritional status and
physical activity.
``(9) Providing training and supervision of community
health workers by health professionals to--
``(A) educate families regarding the relationship
between nutrition, eating habits, physical activity,
and obesity;
``(B) educate families about effective strategies
to improve nutrition, establish healthy eating
patterns, and establish appropriate levels of physical
activity;
``(C) educate and guide parents regarding the
ability to model and communicate positive health
behaviors; and
``(D) educate and refer individuals to appropriate
health care agencies and community-based programs and
organizations in order to increase access to quality
health care services, including preventive health
services.
``(10) Other activities as deemed appropriate by the
Secretary.
``(d) Evaluation.--A city, county, tribe, or State that receives a
grant under this section shall submit to the Secretary an evaluation,
in collaboration with an academic health center or other qualified
community-based entity, that describes activities carried out with
funds received under this section, the long-term effectiveness of such
activities in increasing physical activity, improving nutrition, and
preventing individuals from becoming overweight or obese, and such
other information as the Secretary may require.
``(e) Matching Funds.--In awarding grants under subsection (a), the
Secretary may give priority to applicants who provide matching funds.
``(f) Technical Assistance.--The Secretary may set aside an amount
not to exceed 15 percent of the total amount appropriated for a fiscal
year under subsection (g) to permit the Director of the Centers for
Disease Control and Prevention to--
``(1) provide grantees with technical support in the
development, implementation, and evaluation of programs under
this section; and
``(2) disseminate culturally and linguistically appropriate
and competent information about strategies and interventions in
preventing and treating obesity through the promotion of good
nutrition and physical activity.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
through 2008.''.
Subtitle C--School Health Program
SEC. 331. ESTABLISHMENT OF A COORDINATED SCHOOL HEALTH PROGRAM.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by striking section 399W and inserting the
following:
``SEC. 399W. GRANTS.
``(a) State Educational Grants.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention and in
consultation with the Administrator of the Health Resources and
Services Administration, the Secretary of Education, the Secretary of
Agriculture, and the Secretary of the Interior, shall, as part of the
Centers for Disease Control and Prevention's coordinated school health
program currently operated pursuant to the Director's general
authority, award competitive grants to State, tribal, and local
educational agencies (where applicable) to--
``(1) develop and disseminate school-based curricula or
programs that focus on a healthy lifestyle that includes
promotion of balanced dietary patterns and physical activity to
prevent becoming overweight or obese and related, serious, and
chronic medical conditions that are associated with being
overweight or obese (as such terms are defined in section 303
of the Improved Nutrition and Physical Activity Act);
``(2) provide education and training to education
professionals, including health education, physical education,
and food service professionals;
``(3) develop and implement policies that create a healthy
school environment in relation to nutrition and physical
activity; and
``(4) evaluate activities conducted under paragraphs (1)
through (3).
``(b) Local Educational Grants.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention and
in consultation with the Secretary of Education, the Secretary
of Agriculture, and the Secretary of the Interior, shall award
competitive grants to local educational agencies to plan,
implement, and evaluate culturally and linguistically
appropriate and competent programs to promote a healthy
lifestyle, including programs that, in collaboration with
statewide coordinated school health programs, when applicable,
increase physical activity and improve the nutritional status
of the students at elementary and secondary schools.
``(2) Award of grants.--A local educational agency desiring
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including a plan
describing how funds received under this section will be used
and an evaluation of the program.
``(3) Use of funds.--A local educational agency that
receives a grant under this subsection shall use the funds made
available through the grant to carry out 4 or more of the
following activities:
``(A) Planning and implementing a healthy lifestyle
curriculum or program with an emphasis on nutrition and
physical activity for each grade level.
``(B) Planning and implementing a physical
education and activity curriculum or program for each
grade level and purchasing appropriate equipment, with
no more than 15 percent of a grant award used for
purchasing such equipment.
``(C) Planning and implementing healthy lifestyle
classes or programs for parents and guardians, with an
emphasis on nutrition and physical activity.
``(D) Planning and implementing after-hours
physical activity programs.
``(E) Creating opportunities for students to choose
foods to improve nutritional status.
``(F) Training teachers and staff, including food
service workers, on how to teach good nutrition and
physical activity practices.
``(G) Other activities as deemed appropriate by the
Secretary.
``(4) Evaluation.--An agency that receives a grant under
this subsection shall submit to the Secretary an evaluation, in
collaboration with an academic department or other qualified
community-based entity, describing the activities carried out
under the grant, the effectiveness of the activities in
increasing physical activity, improving nutrition, and
preventing individuals from becoming overweight and obese, and
such other information as the Secretary may require.
``(c) Community Educational Grants.--
``(1) In general.--The Secretary, acting through the
Centers for Disease Control and Prevention, shall award
competitive grants to universities, colleges, or community-
based nonprofit organizations to develop, implement, and
evaluate programs to promote healthy eating and physical
activity in youth and to conduct effectiveness reports to
identify programs that have demonstrated effectiveness in
improving nutritional status and physical activity in youth.
``(2) Award of grants.--A university, college, or qualified
community-based nonprofit entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(3) Information availability.--Information about programs
funded with grants authorized under this subsection shall be
made available to State, tribal, and local educational agencies
and may be used in planning and implementing programs described
in subsections (a) and (b).
``(d) Technical Assistance.--The Secretary may set aside an amount
not to exceed 15 percent of the total amount appropriated for a fiscal
year under subsection (e) to permit the Director of the Centers for
Disease Control and Prevention to--
``(1) provide grantees with technical support in the
development, implementation, and evaluation of programs under
this section; and
``(2) disseminate culturally and linguistically appropriate
and competent information about strategies and interventions in
preventing and treating obesity through the promotion of good
nutrition and physical activity.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
through 2008.''.
SEC. 332. NATIONAL CENTER FOR HEALTH STATISTICS.
Section 306 of the Public Health Service Act (42 U.S.C. 242k) is
amended by striking subsection (n) and inserting the following:
``(n)(1) The Secretary, acting through the Center, may provide for
the--
``(A) collection of data for determining the fitness levels
of children and youth; and
``(B) analysis of data collected as part of the National
Health and Nutrition Examination Survey and other data sources.
``(2) In carrying out paragraph (1), the Secretary, acting through
the Center, may make grants to states, public and nonprofit entities.
``(3) The Secretary, acting through the Center, may provide
technical assistance, standards, and methodologies to grantees
supported by this subsection in order to maximize the data quality and
comparability with other studies.''.
Subtitle D--Institute of Medicine Study
SEC. 341. STUDY OF THE FOOD SUPPLEMENT AND NUTRITION PROGRAMS OF THE
DEPARTMENT OF AGRICULTURE.
(a) In General.--The Secretary of Agriculture shall request that
the Institute of Medicine conduct, or contract with another entity to
conduct, a study on the food and nutrition assistance programs run by
the Department of Agriculture.
(b) Content.--Such study shall--
(1) investigate whether the nutrition programs and
nutrition recommendations are based on the latest scientific
evidence;
(2) investigate whether the food assistance programs
contribute to either preventing or enhancing obesity and being
overweight in children, adolescents, and adults;
(3) investigate whether the food assistance programs can be
improved or altered to contribute to the prevention of obesity
and becoming overweight; and
(4) identify obstacles that prevent or hinder the programs
from achieving their objectives.
(c) Report.--Not later than 24 months after the date of enactment
of this Act, the Secretary of Agriculture shall submit to the
appropriate committees of Congress a report containing the results of
the Institute of Medicine study authorized under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for fiscal years 2004
and 2005.
Subtitle E--Agency for Healthcare Research and Quality Studies
SEC. 351. EVIDENCE REPORT ON WEIGHT REDUCTION PROGRAMS.
(a) In General.--The Secretary, acting through the Director of the
Agency for Healthcare Research and Quality, shall conduct or support an
evidence report on the effectiveness of weight reduction programs.
(b) Content.--The study described in subsection (a) shall evaluate
the available scientific evidence regarding the safety and
effectiveness of the programs, including programs that use dietary
supplements, behavior modification, and other weight loss methods, and
how successful the programs are in helping individuals achieve short-
term weight loss and sustain long-term weight maintenance.
(c) Report.--The Secretary shall, not later than 18 months after
the date of enactment of this Act, prepare and submit to the relevant
committees of Congress a report that describes the results of the
evidence report described in this section. Such report shall be made
available on the web site of the Agency for Healthcare Research and
Quality.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $500,000 for fiscal year 2004.
SEC. 352. HEALTH DISPARITIES REPORT.
Not later than 18 months after the date of enactment of this Act,
and annually thereafter, the Director of the Agency for Healthcare
Research and Quality shall review all research that results from the
activities outlined in this Act and determine if particular information
may be important to the report on health disparities required by
section 903(c)(3) of the Public Health Service Act (42 U.S.C. 299a-
1(c)(3)).
Subtitle F--Preventive Health and Health Services Block Grant
SEC. 361. USE OF ALLOTMENTS.
Section 1904(a)(1) of title XIX of the Public Health Service Act
(42 U.S.C. 300w-3(a)(1)) is amended by adding at the end the following:
``(H) Activities and community education programs designed
to address and prevent overweight, obesity, and eating
disorders through effective programs to promote healthy eating,
and exercise habits and behaviors.''.
Subtitle G--Medicare Nutrition Therapy Demonstration Project
SEC. 371. DEMONSTRATION PROJECT TO REDUCE OBESITY AND OTHER CHRONIC
DISEASE RISKS.
(a) Demonstration.--The Secretary, in consultation with the
Administrator of the Centers for Medicare & Medicaid Services, shall
conduct a demonstration project to develop a comprehensive and
systematic model for improving the health of older Americans.
(b) Content.--The demonstration project described in subsection (a)
shall--
(1) identify, through self-assessment, behavioral risk
factors, such as obesity and overweight, poor nutrition,
physical inactivity, alcohol use, tobacco use, and mental
health problems among those target individuals;
(2) identify, through self-assessment, needed medicare
clinical preventive and screening benefits among those target
individuals;
(3) identify, through self-assessment, functional and self-
management information the Secretary determines to be
appropriate;
(4) provide ongoing support to reduce risk factors and
promote the appropriate use of preventive and screening
benefits; and
(5) improve health outcomes, satisfaction, quality of life,
and appropriate use of medicare-covered services among those
target individuals.
(c) Definitions.--
In this section:
(1) Target individuals.--The term ``target individuals''
means individuals who are medicare beneficiaries under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) who
shall include different segments of the population including
racial and ethnic minority groups and persons of lower
socioeconomic status. The demonstration is completely voluntary
on the part of target individuals.
(2) Self-assessment.--The term ``self-assessment'' means a
form delivered by the Secretary to each target individual
that--
(A) includes questions regarding--
(i) behavioral risk factors;
(ii) needed preventive and screening
services; and
(iii) target individuals' preferences for
receiving followup information; and
(B) is then assessed using such computer generated
assessment programs and provides ongoing support to the
individual as the Secretary determines appropriate.
(3) Ongoing support.--The term ``ongoing support'' means--
(A) to provide target individuals with information,
feedback, health coaching, and recommendations
regarding--
(i) the results of the self-assessment;
(ii) behavior modification based on the
self-assessment; and
(iii) any need for clinical preventive and
screening services or treatment including
medical nutrition therapy;
(B) to provide target individuals with referrals to
community resources and programs (such as senior
centers) available to assist the target individual in
reducing health risks;
(C) information on available volunteer
opportunities to promote active engagement in the
community; and
(D) to provide the information described in
subparagraph (A) to a health care provider, if
designated by the target individual to receive such
information.
(d) Program Design.--
(1) Initial design.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall design the
demonstration project. The demonstration should draw upon
promising, innovative models and incentives to reduce
behavioral risk factors. The Administrator of the Centers for
Medicare & Medicaid Services shall consult with the Director of
the Centers for Disease Control and Prevention, the Director of
the Office of Minority Health, and the heads other agencies in
the Department of Health and Human Services, and professional
organizations, as the Secretary determines to be appropriate on
the design, conduct, and evaluation of the demonstration.
(2) Number and project areas.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
implement 1 demonstration project designed to determine whether
similar programs should be implemented for the general medicare
population.
(e) Report to Congress.--Not later than 3 years after the date the
Secretary implements the demonstration project under this section, the
Secretary shall submit to Congress a report that describes the project,
evaluates the effectiveness and cost effectiveness of the project,
evaluates the beneficiary satisfaction under the project, and includes
any other information the Secretary determines to be appropriate.
(f) Waiver Authority.--The Secretary shall waive compliance with
the requirements of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) to such extent and for such period as the Secretary
determines is necessary to conduct the demonstration project under this
section.
(g) Funding.--The Secretary shall provide for the transfer from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Insurance Trust Fund under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) an amount not to exceed $25,000,000 for the costs
of designing, implementing, and evaluating the demonstration project
under this section.
Subtitle H--Overweight and Obesity Treatment and Prevention
Demonstration Projects
SEC. 381. GRANTS TO LOCAL HEALTHCARE DELIVERY SYSTEMS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
as amended in section 321, is further amended by adding at the end the
following:
``SEC. 399BB. GRANTS TO LOCAL HEALTHCARE DELIVERY SYSTEMS.
``(a) In General.--The Secretary shall award grants to eligible
entities to implement demonstration overweight and obesity (as such
terms are defined in section 303 of the Improved Nutrition and Physical
Activity Act) treatment and prevention programs using evidence-based
recommendations.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means a federally qualified health center (as defined in section
1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)), rural
health clinic, health department, Indian Health Service hospital or
clinic, Indian tribal health facility, urban Indian facility, or other
health care service provider, as determined appropriate by the
Secretary.
``(c) Award of Grants.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require, including a plan for the use of funds awarded under the grant
and an evaluation of the program.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the funds made available through the grant to
carry out 3 or more of the following activities in a culturally and
linguistically appropriate and competent manner:
``(1) Providing nutrition and physical activity services by
a health professional to treat or prevent overweight and
obesity.
``(2) Providing patient education and counseling to
increase physical activity and improve nutrition.
``(3) Providing community education on nutrition and
physical activity by a health professional to provide better
understanding of the relationship between diet, physical
activity, and obesity.
``(4) Training health professionals on how to identify and
treat obese and overweight individuals which may include
nutrition and physical activity counseling.
``(5) Providing education and referring individuals to
appropriate health care agencies and community-based programs
and organizations in order to increase access to quality health
care services, including preventive health services.
``(6) Training and supervising community health workers by
qualified health professionals to--
``(A) educate families regarding the relationship
between nutrition, eating habits, physical activity,
and obesity;
``(B) educate families about effective strategies
to improve nutrition, establish healthy eating patterns
and establish appropriate levels of physical activity;
and
``(C) educate and guide parents regarding the
ability to model and communicate positive health
behaviors.
``(7) Other activities that are deemed appropriate by the
Secretary.
``(e) Evaluation.--An eligible entity that receives a grant under
this section shall, in collaboration with an academic health center or
other qualified community-based entity, submit to the Secretary a
report describing the activities carried out under the grant, the
effectiveness of the activities in increasing physical activity,
improving nutrition, and preventing overweight and obesity, and such
other information as the Secretary may require.
``(f) Technical Assistance.--The Secretary may set aside an amount
not to exceed 15 percent of the total amount appropriated for a fiscal
year under subsection (g) to--
``(1) provide grantees with technical support in the
development, implementation, and evaluation of programs under
this section; and
``(2) disseminate culturally and linguistically appropriate
and competent information about strategies and interventions in
preventing and treating obesity through the promotion of good
nutrition and physical activity.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $40,000,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
through 2008.''.
Subtitle I--Research on Obesity
SEC. 391. REPORT ON OBESITY RESEARCH.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on
research on causes and health implications of obesity and being
overweight.
(b) Content.--The report described in subsection (a) shall
contain--
(1) descriptions on the status of relevant, current,
ongoing research being conducted in the department including--
(A) the types and numbers of studies completed or
being conducted by the National Institutes of Health
on--
(i) mechanisms responsible for obesity
(including nutrition, physical activity,
genetic causes such as syndrome X), the
prevention of and the treatment for obesity and
related, serious, and chronic medical
conditions (including diabetes and
cardiovascular disease); and
(ii) psychosocial aspects of obesity;
(B) the types and number of studies completed or
being conducted by the Centers for Disease Control and
Prevention on individual and community interventions to
prevent individuals from becoming overweight or obese;
(C) the types of studies completed or being
conducted by the Agency for Healthcare Research and
Quality on the treatment and prevention of overweight
and obesity;
(D) the types of studies being conducted by the
Health Resources and Services Administration on the
prevention of overweight and obesity; and
(E) what these studies have shown about the causes
of, prevention of, and treatment of overweight and
obesity; and
(2) recommendations on further research that is needed,
including research among diverse populations, the department's
plan for conducting such research, and how current knowledge
can be disseminated.
Subtitle J--Youth Media Campaign
SEC. 395. GRANTS AND CONTRACTS FOR A NATIONAL CAMPAIGN TO CHANGE
CHILDREN'S HEALTH BEHAVIORS.
Section 399Y of the Public Health Service Act (42 U.S.C. 280h-2) is
amended by striking subsection (b) and inserting the following:
``(b) Grants.--
``(1) In general.--As part of the campaign described in
subsection (a), the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award
grants or contracts to eligible entities to design and
implement culturally and linguistically appropriate and
competent campaigns to change children's health behaviors.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a marketing, public relations,
advertising, or other appropriate entity.
``(3) Content.--An eligible entity that receives a grant
under this subsection shall use funds received through such
grant or contract to utilize marketing and communication
strategies to--
``(A) communicate messages to help young people
develop habits that will foster good health over a
lifetime;
``(B) provide young people with motivation to
engage in sports and other physical activities;
``(C) influence youth to develop good health habits
such as regular physical activity and good nutrition;
``(D) educate parents of young people on the
importance of physical activity and improving
nutrition, how to maintain healthy behaviors for the
entire family, and how to encourage children to develop
good nutrition and physical activity habits; and
``(E) discourage stigmatization and discrimination
based on body size or shape.
``(4) Report.--The Secretary shall evaluate the
effectiveness of the campaign described in paragraph (1) in
changing children's behaviors and report such results to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $125,000,000 for fiscal year
2004, and such sums as necessary for each of fiscal years 2005 through
2008.''.
Subtitle K--Sense of the Senate
SEC. 399. SENSE OF THE SENATE CONCERNING NUTRITION.
(a) Findings.--Congress makes the following findings:
(1) Key child nutrition programs are up for reauthorization
in the 108th Congress, including the School Breakfast Program,
School Lunch Program, Special Milk Program, Child and Adult
Care Food Program, Summer Food Service Program, and the
Women's, Infant's, and Children's (WIC) Program.
(2) The United States Department of Agriculture reports,
based on national United States Census Bureau data, that in
2000 10.5 percent of all United States households, representing
20,000,000 adults and 13,000,000 children, were ``food
insecure''. Of the 11,000,000 households that were food
insecure, 3,300,000 suffered from food insecurity that was so
severe that USDA's very conservative measure classified them as
``hungry''. 2,700,000 children lived in these hungry
households.
(3) Households with children experience food insecurity at
more than double the rate for households without children.
(4) Mental and physical changes accompany inadequate food
intake which can have harmful effects on learning, development,
productivity, physical and psychological health, and family
life. These effects are particularly harmful to children, and
can have a lasting impact.
(5) The Surgeon General has established as an important
health objective, to increase the food security from 88 percent
of all United States households (in 1995) to 94 percent by the
year 2010.
(6) A national survey of emergency feeding programs
conducted by America's Second Harvest in 2001 found their food
bank network of emergency food providers served 23,000,000
people in a year, 9 percent more than were served in 1997, and
more than 9,000,000 of those served were children.
(7) United States Conference of Mayors data indicates that
between November 2000 to November 2001, only one-third of the
major cities surveyed reported that they were able to provide
an adequate quantity of food to meet the need. Eighty-five
percent of the cities reported that emergency food assistance
facilities have had to decrease the quantity of food provided
or the number of times families or individuals may receive
food. Across the cities surveyed, 54 percent of those
requesting emergency assistance were either children or their
parents. The average increase in the number of families with
children requesting emergency food was 19 percent.
(8) Adequate nutrition in the earliest years of life is
essential for healthy child development and for school
readiness.
(9) Congress recently enacted, and the President signed
into law, the No Child Left Behind Act to increase student
academic achievement. Numerous studies indicate that hunger can
have a detrimental effect on a child's ability to learn and
thrive in school.
(10) Food insecurity and overweight frequently co-exist in
the population.
(11) Federal child nutrition programs can be an efficient
and effective means to reduce hunger, reduce overweight
prevalence, and promote healthy eating habits among children in
the United States.
(b) Sense of the Senate.--It is the Sense of the Senate, that as
Congress works to reauthorize the child nutrition laws of the United
States, it should--
(1) carefully evaluate elements of those programs to
strengthen efficiency and effectiveness, including streamlining
program administration, reducing paperwork burdens, and
simplifying access for parents;
(2) improve the healthfulness of meals served, as well as
that of other foods and beverages made available in schools;
(3) strengthen the educational component of the programs to
encourage healthy eating habits and promote physical activity;
(4) review eligibility guidelines, and reimbursement rates;
and
(5) provide significant additional funding to carry out
these and other vital priorities to make sure pregnant women,
and children from infancy through school have access to
nutritious food to optimize health and prevent overweight.
TITLE IV--SUPPORTING SERVICES TO LOW-INCOME FAMILIES THROUGH THE SOCIAL
SERVICES BLOCK GRANT
SEC. 401. INCREASE IN FUNDING.
Section 2003(c) of the Social Security Act (42 U.S.C. 1379b(c)) is
amended--
(1) in paragraph (10), by striking ``and'';
(2) in paragraph (11), by striking ``and each fiscal year
thereafter.'' and inserting a semicolon; and
(3) by adding at the end the following:
``(12) $2,800,000,000 for each of the fiscal years 2004
through 2008; and
``(13) $1,700,000,000 for the fiscal year 2009 and each
fiscal year thereafter.''.
TITLE V--EXPANDING THE FAMILY AND MEDICAL LEAVE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Family and Medical Leave Expansion
Act''.
SEC. 502. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.), more than 35,000,000
Americans have taken leave for family or medical reasons.
(2) Of those taking leave under the Family and Medical
Leave Act of 1993, 52 percent took the leave for their own
serious health conditions, and 26 percent took the leave to
care for a new child or for maternity disability reasons.
(3) While the leave provided by the Family and Medical
Leave Act of 1993 has proven to be a critical resource for
millions of Americans, too many people are left behind because
the Act provides only unpaid leave.
(4) According to a 2000 Department of Labor survey--
(A) 3,500,000 Americans needed family and medical
leave but could not afford to take time off without
pay;
(B) nearly four-fifths (78 percent) of those
surveyed who needed the leave but did not take it said
they could not afford unpaid leave;
(C) nine percent of those taking family and medical
leave and receiving less than full pay during their
longest period of the leave had to go on public
assistance to cover their lost wages; and
(D) seventy-three percent of those taking family
and medical leave had incomes above $30,000.
(5) In 1970, only 27 percent of mothers with infants under
age 1 were in the labor force.
(6) In 1999, nearly 60 percent of mothers with infants
under age 1 were working.
(7) Worldwide, 128 countries of the 172 responding to an
International Social Security Association survey in 1999
provided at least some paid and job protected maternity leave,
and, on average, provided 16 weeks of basic paid maternity
leave. In some countries, paid maternity leave is mandatory and
in others it is voluntary.
(8) A European Union directive mandating 14 weeks of paid
maternity leave was adopted as a health and safety measure in
1992.
(9) Among the 29 Organization for Economic Cooperation and
Development (OECD) countries, the most advanced industrialized
countries, the average period of childbirth-related leave
(including maternity, paternity, and parental leaves) is 44
weeks (10 months) with additional time provided in some
countries for leave to care for a sick child. In those
countries, the average duration of paid childbirth-related
leave is 36 weeks.
(10) In more than half of the OECD countries (16
countries), the cash benefit provided while on the paid
childbirth-related leave replaces between 70 and 100 percent of
prior wages.
(11) Among the OECD countries, adoptive mothers and
adoptive parents are increasingly eligible for the paid
childbirth-related leave.
Subtitle A--Family Income To Respond to Significant Transitions
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ``Family Income to Respond to
Significant Transitions Insurance Act''.
SEC. 512. 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. 513. DEFINITIONS.
In this subtitle:
(1) Employer; son or daughter; state.--The terms
``employer'', ``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).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting after consultation with the Secretary of
Health and Human Services.
SEC. 514. DEMONSTRATION PROJECTS.
(a) Grants.--
(1) In general.--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 who are responding to--
(A) caregiving needs resulting from the birth or
adoption of a son or daughter; or
(B) other family caregiving needs.
(2) Periods.--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) Period.--In carrying out a project under this section,
the entity shall provide partial or full wage replacement to
eligible individuals for not less than 6 weeks during a period
of leave, or an absence from employment, described in
subsection (d)(2), during any 12-month period. Wage replacement
available to an individual under this paragraph shall be in
addition to any compensation from annual or sick leave that the
individual may elect to use during a period of leave, or an
absence from employment, described in subsection (d)(2), during
any 12-month period.
(3) 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), (D), (E), or (F) 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, and has an absence
from 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 who has an absence from employment and has
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 or is absent from
employment as described in subsection (d)(2); 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. 515. NOTIFICATION.
An eligible entity that provides partial or full wage replacement
to an eligible individual under this subtitle shall notify (in a form
and manner prescribed by the Secretary)--
(1) the employer of the individual of the amount of the
wage replacement provided; and
(2) the individual and the employer of the individual that
the employer shall count an appropriate period of leave,
calculated under section 102(g) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(g)), as added by section 518,
against the total amount of leave (if any) to which the
employee is entitled under section 102(a)(1) of that Act (29
U.S.C. 2612(a)(1)).
SEC. 516. EVALUATIONS AND REPORTS.
(a) Available Funds.--The Secretary shall use not more than 2
percent of the funds made available under section 517 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 514, 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 514, 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 the data are available.
SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$400,000,000 for fiscal year 2004 and such sums as may be necessary for
each subsequent fiscal year.
SEC. 518. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--Section 102 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612) is amended by adding at the end the following:
``(g) Relationship to First Insurance.--
``(1) Full wage replacement.--If an eligible entity
provides full wage replacement to an employee for a period
under subtitle A of the Family and Medical Leave Expansion Act,
the employee's employer shall count an amount of leave, equal
to that period, against the total amount of leave (if any) to
which the employee is entitled under subsection (a)(1).
``(2) Partial wage replacement.--If an eligible entity
provides partial wage replacement to an employee for a period
under subtitle A of the Family and Medical Leave Expansion Act,
the employee's employer shall--
``(A) total the amount of partial wage replacement
provided for that period;
``(B) convert the total into a corresponding amount
of full wage replacement provided for a proportionately
reduced period; and
``(C) count an amount of leave, equal to the period
described in subparagraph (B), against the total amount
of leave (if any) to which the employee is entitled
under subsection (a)(1).''.
(b) Technical and Conforming Amendments.--Section 102(d)(2) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)) is amended
by striking ``for leave'' each place it appears and inserting ``for any
unpaid leave''.
Subtitle B--Family Friendly Workplaces
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ``Family and Medical Leave
Fairness Act of 2003''.
SEC. 522. 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--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) is 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:
``(f) 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.
``(g) Confidentiality.--All evidence provided to the employer under
subsection (f) 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.''.
(d) Table of Contents.--The table of contents in section 1(b) of
the Family and Medical Leave Act of 1993 (29 U.S.C. prec. 2601) is
amended by striking the item relating to section 103 and inserting the
following:
``Sec. 103. Certification; confidentiality.''.
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, is
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:
``(f) In determining if an employee meets the requirements of
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of
an employee may require the employee to provide--
``(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.
``(g) All evidence provided to the employing agency under
subsection (f) 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.''.
(d) Table of Sections.--The table of sections for chapter 63 of
title 5, United States Code, is amended by striking the item relating
to section 6383 and inserting the following:
``6383. Certification; confidentiality.''.
SEC. 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(f) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2613(f)), 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 (29 U.S.C. 2617) to section 105 of such Act (29 U.S.C.
2615) 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.
Subtitle D--Federal Employees Paid Parental Leave
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ``Federal Employees Paid Parental
Leave Act of 2003''.
SEC. 542. DEMONSTRATION PROJECT.
Subchapter V of chapter 63 of title 5, United States Code, is
amended--
(1) by redesignating section 6387 as section 6388; and
(2) by inserting after section 6386 the following:
``Sec. 6387. Paid leave demonstration project
``(a) The Office of Personnel Management may, through an agreement
or contract with 1 or more employing agencies described in subsection
(b), conduct under section 4703 a demonstration project that assists
families by providing paid leave for eligible individuals who are
responding to--
``(1) caregiving needs resulting from the birth or adoption
of a son or daughter; or
``(2) other family caregiving needs.
``(b) In carrying out a project under this section, an employing
agency of 1 or more employees shall provide partial or full paid leave
to eligible individuals for not less than 6 weeks during a period of
leave, or an absence from employment, described in subsection (c)(2),
during any 12-month period. Paid leave available to an individual under
this subsection shall be in addition to any annual or sick leave that
the individual may elect to use during a period of leave, or an absence
from employment, described in subsection (c)(2), during any 12-month
period.
``(c) To be eligible to receive paid leave under subsection (a), an
individual shall--
``(1) be an employee who meets such eligibility criteria as
the Office of Personnel Management may specify in a plan
described in section 4703(b); and
``(2) be--
``(A) an individual who is taking leave, under this
subchapter, or other Federal law, for a reason
described in subparagraph (A) or (B) of section
6382(a)(1);
``(B) at the option of the Office of Personnel
Management, an individual who--
``(i) is taking leave, under this
subchapter, or other Federal law, for a reason
described in subparagraph (C), (D), (E), or (F)
of section 6382(a)(1); or
``(ii) leaves employment, and has an
absence from employment, because the individual
has elected to care for a son or daughter under
age 1; or
``(C) at the option of the Office of Personnel
Management, an individual who has an absence from
employment and has other characteristics specified by
the Office of Personnel Management in a plan described
in section 4703(b).
``(d) An employing agency that provides partial or full paid leave
to an eligible individual under this section shall notify (in a form
and manner prescribed by the Office of Personnel Management) the
individual that the employing agency shall count an appropriate period
of leave, calculated under section 6382(f), against the total amount of
leave (if any) to which the employee is entitled under section
6382(a)(1).
``(e)(1) A demonstration project conducted under this section shall
not be counted toward the 10-project limit established in section
4703(d)(2).
``(2) The Office of Personnel Management may provide a waiver for
the demonstration project in accordance with section 4703, except that
section 4703(c)(1) shall not apply to such a waiver.
``(f)(1) There are authorized to be appropriated to carry out this
section $400,000,000 for fiscal year 2004 and such sums as may be
necessary for each subsequent fiscal year.
``(2) Funds appropriated under paragraph (1) may be allocated as
described in section 4704.''.
SEC. 543. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--Section 6382 of title 5, United States Code, is
amended by adding at the end the following:
``(f)(1) If an employing agency provides an amount of full paid
leave to an employee for a period under section 6387, the employing
agency shall count an amount of leave, equal to that period, against
the total amount of leave (if any) to which the employee is entitled
under subsection (a)(1).
``(2) If an employing agency provides an amount of partial paid
leave to an employee for a period under section 6387, the employing
agency shall--
``(A) total the amount of partial paid leave
provided for that period;
``(B) convert the total into a corresponding amount
of full paid leave provided for a proportionately
reduced period; and
``(C) count an amount of leave, equal to the period
described in subparagraph (B), against the total amount
of leave (if any) to which the employee is entitled
under subsection (a)(1).''.
(b) Technical and Conforming Amendments.--Section 6382 of title 5,
United States Code, is amended--
(1) in subsection (c), by striking ``(d),'' and inserting
``(d) or section 6387,''; and
(2) in subsection (d), by inserting ``any unpaid'' after
``substitute for''.
(c) Table of Sections.--The table of sections for chapter 63 of
title 5, United States Code, is amended by striking the item relating
to section 6387 and inserting the following:
``6387. Paid leave demonstration project.
``6388. Regulations.''.
SEC. 544. EFFECTIVE DATE.
The amendments made by this subtitle shall not be effective with
respect to any birth or placement occurring before the end of the 6-
month period beginning on the date of enactment of this Act.
Subtitle E--Time for Schools
SEC. 551. SHORT TITLE.
This subtitle may be cited as the ``Time for Schools Act of 2003''.
SEC. 552. 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(h), 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 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), 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), as
amended by section 531(c), is further amended by adding at the end the
following:
``(h) 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. 553. 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(h), 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 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)), a Head Start program assisted under the Head Start Act
(42 U.S.C. 9831 et seq.), 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, as amended by
section 532(c), is further amended by adding at the end the following:
``(h) 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. 554. EFFECTIVE DATE.
This subtitle takes effect 120 days after the date of enactment of
this Act.
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