[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 18 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 18

  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 SENATE OF THE UNITED STATES

                            January 7, 2003

  Mr. Daschle (for himself, Mr. Kennedy, Mr. Dodd, Mrs. Clinton, Mr. 
   Leahy, Mr. Rockefeller, Mr. Bingaman, Mrs. Murray, Mr. Levin, Mr. 
 Durbin, Mr. Sarbanes, Mr. Akaka, Mr. Schumer, Mr. Reed, Mr. Johnson, 
   Mr. Biden, Mr. Corzine, Mr. Dayton, Mr. Lautenberg, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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.
                                 <all>