[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2346

   To improve the lives of working families by providing family and 
  medical need assistance, child care assistance, in-school and after 
    school assistance, family care assistance, and encouraging the 
              establishment of family-friendly workplaces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2011

  Ms. Woolsey (for herself, Mr. Stark, Mrs. Maloney, Ms. DeLauro, Mr. 
George Miller of California, Ms. Schakowsky, Mr. Davis of Illinois, Ms. 
Lee of California, Mr. Conyers, Ms. Waters, Mr. Olver, Ms. Hirono, Mr. 
Hastings of Florida, Mr. Brady of Pennsylvania, Mr. Filner, Ms. Moore, 
 Mr. Payne, Mr. Jackson of Illinois, Mr. Rush, Mr. McDermott, Ms. Chu, 
   Mr. Ellison, Mr. Hinchey, Mr. Grijalva, Ms. Brown of Florida, Mr. 
Honda, Ms. Norton, Ms. Fudge, and Mr. Serrano) introduced the following 
    bill; which was referred to the Committee on Education and the 
     Workforce, and in addition to the Committees on Oversight and 
  Government Reform, House Administration, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To improve the lives of working families by providing family and 
  medical need assistance, child care assistance, in-school and after 
    school assistance, family care assistance, and encouraging the 
              establishment of family-friendly workplaces.

    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 ``Balancing Act of 
2011''.
    (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--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE 
                            ENHANCEMENT ACT

                 Subtitle A--Paid Leave for New Parents

Sec. 101. Short title.
Sec. 102. General definitions.
           Part 1--Family and Medical Leave Insurance Program

Sec. 111. Program definitions.
Sec. 112. Establishment of program.
Sec. 113. Program benefits.
Sec. 114. Voluntary employer plan.
Sec. 115. Additional benefits.
Sec. 116. Prohibited acts by employer.
Sec. 117. Enforcement.
Sec. 118. Penalties.
Sec. 119. Education programs.
Sec. 120. Regulations.
Sec. 121. Effective date.
    Part 2--Civil Service Family and Medical Leave Insurance Program

Sec. 131. Program definitions.
Sec. 132. Establishment of program.
            Part 3--Family and Medical Leave Insurance Fund

Sec. 141. Establishment.
Sec. 142. Board of Trustees.
Sec. 143. Investment of the Family and Medical Leave Insurance Fund.
Sec. 144. Payments from Family and Medical Leave Insurance Fund.
Sec. 145. Administrative expenses.
Sec. 146. Amendments to the Internal Revenue Code of 1986.
          Subtitle B--Family and Medical Leave Enhancement Act

Sec. 151. Short title.
Sec. 152. Eligible employee.
Sec. 153. Entitlement to additional leave under the FMLA for parental 
                            involvement and family wellness.
Sec. 154. Entitlement of Federal employees to leave for parental 
                            involvement and family wellness.
                Subtitle C--Domestic Violence Leave Act

Sec. 161. Short title.
Sec. 162. Entitlement to leave for domestic violence, sexual assault, 
                            or stalking.
Sec. 163. Inclusion of same-sex spouses and domestic partners.
Sec. 164. Entitlement to leave for Federal employees for domestic 
                            violence, sexual assault, or stalking.
Sec. 165. Inclusion of same-sex spouses and domestic partners for leave 
                            for Federal employees.
                    Subtitle D--Healthy Families Act

Sec. 171. Short title.
Sec. 172. Purposes.
Sec. 173. Definitions.
Sec. 174. Provision of paid sick time.
Sec. 175. Posting requirement.
Sec. 176. Prohibited acts.
Sec. 177. Enforcement authority.
Sec. 178. Collection of data on paid sick time and further study.
Sec. 179. Effect on other laws.
Sec. 180. Effect on existing employment benefits.
Sec. 181. Encouragement of more generous leave policies.
Sec. 182. Regulations.
Sec. 183. Effective dates.
             TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT

                  Subtitle A--Care for Young Children

Sec. 201. Expanding child care for young children.
  Subtitle B--Improving Child Care Quality Through Teacher Incentives

Sec. 211. Purpose.
Sec. 212. Definitions.
Sec. 213. Funds for child care provider development and retention 
                            grants, scholarships, and health benefits 
                            coverage.
Sec. 214. Allotments to States.
Sec. 215. Application and plan.
Sec. 216. Child Care Provider Development and Retention Grant Program.
Sec. 217. Child Care Provider Scholarship Program.
Sec. 218. Child care provider health benefits coverage.
Sec. 219. Annual report.
Sec. 220. Evaluation of health benefits programs by Secretary.
Sec. 221. Authorization of appropriations.
              Subtitle C--Child Care Facilities Financing

Sec. 231. Short title.
Sec. 232. Technical and financial assistance grants.
Sec. 233. Definitions.
Sec. 234. Authorization of appropriations.
        Subtitle D--Business Child Care Incentive Grant Program

Sec. 241. Business child care incentive grant program.
     TITLE III--PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL ASSISTANCE

               Subtitle A--Universal Prekindergarten Act

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Prekindergarten grant program authorization.
Sec. 304. State requirements.
Sec. 305. Local requirements.
Sec. 306. Professional development set-aside.
Sec. 307. Reporting.
Sec. 308. Federal funds supplementary.
Sec. 309. Definitions.
Sec. 310. Authorization of appropriations.
          Subtitle B--Universal Free School Breakfast Program

Sec. 311. Universal free school breakfast program.
           Subtitle C--Afterschool Education Enhancement Act

Sec. 341. Short title.
Sec. 342. Amendments regarding 21st Century community learning centers.
             TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES

          Subtitle A--Part-Time and Temporary Workers Benefits

Sec. 401. Treatment of employees working at less than full-time under 
                            participation, vesting, and accrual rules 
                            governing pension plans.
Sec. 402. Treatment of employees working at less than full-time under 
                            group health plans.
Sec. 403. Expansion of definition of employee to include certain 
                            individuals whose services are leased or 
                            contracted for.
Sec. 404. Effective dates.
            Subtitle B--United States Business Telework Act

Sec. 411. Short title.
Sec. 412. Telework pilot program.
Sec. 413. Report to Congress.
Sec. 414. Definition.
Sec. 415. Termination.
Sec. 416. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Currently 58 percent of married families with children 
        in the United States, both parents work full-time. Seventy-one 
        percent of mothers with children under age 18 work full-time.
            (2) The National Study of the Changing Workforce found that 
        75 percent of employed parents indicated that they don't have 
        enough time with their children.
            (3)(A) A survey conducted by the Boys and Girls Clubs of 
        America found that more than half of the respondents indicated 
        that they had little or no time to spend in physical activities 
        with their children.
            (B) Parents in 3,500,000 households, representing 7,000,000 
        children, spend an hour or less a week doing physical 
        activities with their children.
            (C) The primary obstacle cited by the parents to engaging 
        in physical activities with their children was their work 
        schedules.
            (4) According to the National Partnership for Women and 
        Families, 78 percent of workers who need leave do not take it 
        because they cannot afford it.
            (5) Nearly every industrialized nation other than the 
        United States, and most developing nations, provides parents 
        with paid leave for infant care.
            (6) In the United States, more than half of all mothers of 
        children under the age of one work. Yet parents of infants and 
        toddlers face acute problems finding child care, and child care 
        that is available is often of mediocre quality.
            (7) Since 2000, the cost of child care has increased twice 
        as fast as the median income of families with children. 
        According to the National Association of Child Care Resource & 
        Referral Agencies, the average annual cost of child care ranges 
        from $4,560 in Mississippi to $18,773 in Massachusetts. In 
        addition, the annual cost of child care for a 4-year old is 
        more than the annual in State tuition at a public four-year 
        college in 36 States and the District of Columbia.
            (8) The average annual child care teacher salary is 
        $20,940, a wage so low that many programs find it extremely 
        challenging to recruit fully qualified teachers and to retain 
        them. High turnover rates make it more difficult to provide 
        quality and continuity of care.
            (9) Only 17 percent of eligible families received child 
        care assistance through the Child Care Development Block Grant, 
        the Social Services Block Grant, and the Temporary Assistance 
        for Needy Families program in 2006. In addition, approximately 
        40 percent of eligible preschoolers are able to participate in 
        the Head Start program.
            (10) Among needy students, school nutrition programs often 
        provide the primary opportunity for consumption of 
        nutritionally valuable foods.
            (11) Breakfast is a critical meal for children and provides 
        the nutrition necessary to optimize their learning capacities.
            (12) According to a recent nationwide report by the 
        Afterschool Alliance, approximately 15,000,000 children in the 
        United States are left alone after school each week without 
        adult supervision.
            (13) Violent juvenile crime peaks between the hours of 3:00 
        p.m. and 7:00 p.m. and teens are more likely to be victims of 
        serious violent crime in the hour after school lets out than 
        any other time of the day.
            (14) The Nation's communities can benefit from teleworking, 
        which give workers more time to spend at home with their 
        families.
            (15) Companies with telework programs have found that 
        telework can boost employee productivity 5 percent to 20 
        percent, thereby saving businesses valuable resources and time.

   TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE 
                            ENHANCEMENT ACT

                 Subtitle A--Paid Leave for New Parents

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Family Leave Insurance Act''.

SEC. 102. GENERAL DEFINITIONS.

    (a) In General.--The definitions provided by section 101 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2611), other than the 
definitions of the terms ``son or daughter'', shall apply for purposes 
of this subtitle.
    (b) Additional Definitions.--In this subtitle, the following 
additional definitions shall apply:
            (1) Board of trustees.--The term ``Board of Trustees'' 
        means the Board of Trustees of the Insurance Fund.
            (2) Covered agency.--The term ``covered agency'', when used 
        with respect to a State, means the State agency referred to in 
        paragraph (1) of section 112(b), or the Commissioner of Social 
        Security if the Commissioner is carrying out the State Family 
        and Medical Insurance Program in the State under paragraph (2) 
        of such section.
            (3) Domestic partner.--The term ``domestic partner'' 
        means--
                    (A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union laws of the State or political subdivision 
                of a State where the employee resides;
                    (B) a same-sex spouse as determined under the 
                applicable law of the State or political subdivision of 
                a State where the employee resides; or
                    (C) in the case of an unmarried employee who lives 
                in a State where a person cannot marry a person of the 
                same sex under the laws of the State, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate relationship with the 
                employee, is not a domestic partner to any other 
                person, and who is designated to the employer by such 
                employee as that employee's domestic partner.
            (4) Insurance fund.--The term ``Insurance Fund'' means the 
        Family and Medical Leave Insurance Fund established under 
        section 141.
            (5) Managing trustee.--The term ``Managing Trustee'' means 
        the Managing Trustee of the Board of Trustees of the Insurance 
        Fund.
            (6) Son or daughter.--The term ``son or daughter'' means a 
        biological, adopted, or foster child, a stepchild, a legal 
        ward, a child of a person's domestic partner, or a child of a 
        person standing in loco parentis, who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable of self-
                care because of a mental or physical disability.

           PART 1--FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM

SEC. 111. PROGRAM DEFINITIONS.

    In this part:
            (1) Eligible employee.--The term ``eligible employee'' 
        means any of the following:
                    (A) An employee who--
                            (i) earned wages with a covered employer 
                        for a minimum of 6 months prior to filing an 
                        application for leave benefits under this part; 
                        and
                            (ii) has been employed by the employer with 
                        respect to whom paid leave is requested for at 
                        least 625 hours of service during the previous 
                        6 months.
                    (B) An employee--
                            (i) of a small employer that has elected to 
                        participate in the Program under this part in 
                        accordance with such regulations as the 
                        Secretary shall prescribe; and
                            (ii) who meets the requirements of 
                        subparagraph (A), but is not an employee of the 
                        Federal Government.
                    (C) A self-employed individual who has--
                            (i) elected to participate in the Program 
                        under this part in accordance with such 
                        regulations as the Secretary shall prescribe;
                            (ii) self-employment income while a covered 
                        employer for 6 of the last 12 months prior to 
                        filing an application for leave benefits under 
                        this part; and
                            (iii) paid premiums under section 1401(c) 
                        of the Internal Revenue Code of 1986 with 
                        respect to such self-employment income.
            (2) Employer-related definitions.--
                    (A) Covered employer.--The term ``covered 
                employer'' means a person--
                            (i) that is--
                                    (I) an employer;
                                    (II) a small employer that has 
                                elected to participate in the Program 
                                under this part in accordance with such 
                                regulations as the Secretary shall 
                                prescribe; or
                                    (III) a self-employed individual 
                                who has elected to so participate; and
                            (ii) that is not a voluntary plan employer.
                    (B) Employer.--The term ``employer'' shall have the 
                meaning given that term in section 101(4) of the Family 
                and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), 
                except that such term shall include any person who 
                employs 2 or more employees for each working day during 
                each of 20 or more calendar workweeks in the current or 
                preceding calendar year.
                    (C) Small employer.--The term ``small employer''--
                            (i) means any person engaged in commerce or 
                        in any industry or activity affecting commerce 
                        who employs not less than 2 and not more than 
                        19 employees for each working day during each 
                        of 20 or more calendar workweeks in the current 
                        or preceding calendar year; and
                            (ii) includes--
                                    (I) any person who acts, directly 
                                or indirectly, in the interest of an 
                                employer described in clause (i) to any 
                                of the employees of such employer;
                                    (II) any successor in interest of 
                                an employer described in clause (i); 
                                and
                                    (III) any public agency, as defined 
                                in section 3(x) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                203(x)) that is an employer described 
                                in clause (i) but is not an entity of 
                                the Federal Government.
                    (D) Voluntary plan employer.--The term ``voluntary 
                plan employer'' means an employer for which the 
                Secretary has approved a voluntary plan under section 
                114 for the period involved.
            (3) Leave benefit.--The term ``leave benefit'' means a 
        family and medical leave insurance benefit described in section 
        113.
            (4) Voluntary paid benefit.--The term ``voluntary paid 
        benefit'' means a family and medical leave insurance benefit 
        provided under a voluntary plan approved under section 114 for 
        the period involved.

SEC. 112. ESTABLISHMENT OF PROGRAM.

    (a) Federal Program.--The Secretary of Labor shall establish a 
Family and Medical Insurance Program.
    (b) State Programs.--In carrying out the Federal Program 
established under subsection (a), the Secretary may--
            (1) enter into a contract with a State under which--
                    (A) the State agrees to establish, or expand a 
                State program in effect at the date of the enactment of 
                this Act to include, a State Family and Medical 
                Insurance Program that provides the benefits described 
                in this part; and
                    (B) the Secretary agrees to instruct the Managing 
                Trustee of the Family and Medical Leave Insurance Fund, 
                established under section 141, to provide the State 
                funds for such benefits from the Insurance Fund; or
            (2) at the request of the Governor of a State, enter into 
        an interagency agreement with the Commissioner of Social 
        Security under which--
                    (A) the Commissioner of Social Security agrees to 
                establish a State Family and Medical Insurance Program 
                in such State to provide the benefits described in this 
                part in such State; and
                    (B) the Secretary agrees to instruct the Managing 
                Trustee of the Insurance Fund to provide the 
                Commissioner of Social Security funds for such benefits 
                from the Insurance Fund.
    (c) State Application.--To be eligible to receive a contract under 
subsection (b)(1), a State shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may require. At a minimum, the application shall include 
information identifying the State agency to carry out the State Family 
and Medical Insurance Program under subsection (b)(1).

SEC. 113. PROGRAM BENEFITS.

    (a) Entitlement.--Subject to subsections (b), (d), and (e), an 
eligible employee of a covered employer shall be entitled to a family 
and medical leave insurance benefit for a total of 12 workweeks of 
leave during any 12-month period for 1 or more of the following 
reasons:
            (1) Because of the birth of a son or daughter of the 
        employee and in order to care for such son or daughter.
            (2) Because of the placement of a son or daughter with the 
        employee for adoption or foster care.
            (3) In order to care for a child, parent, spouse, domestic 
        partner, grandchild, grandparent, or sibling of the employee 
        and who has a serious health condition.
            (4) Because of a serious health condition that makes the 
        employee unable to perform the functions of the position of 
        such employee.
            (5) Because of any qualifying exigency (as the Secretary of 
        Labor shall, by regulation, determine) arising out of the fact 
        that the spouse, or a son, daughter, or parent of the employee 
        is on active duty (or has been notified of an impending call or 
        order to active duty) in the Armed Forces of the United States 
        in support of a contingency operation.
            (6) In order to care for a child, parent, spouse, domestic 
        partner, grandchild, grandparent, sibling, or next of kin of 
        the employee who is a covered servicemember as such term is 
        defined in section 101(16) of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2611(16)).
    (b) Waiting Period.--During each 12-month period described in 
subsection (a), each eligible employee shall be subject to a waiting 
period of 5 workdays of leave described in subsection (a) (but not more 
than 7 calendar days), during which a leave benefit shall not be paid 
to the employee. The waiting period shall not reduce the 12 workweeks 
of leave benefits available under subsection (a).
    (c) Benefit Amount.--
            (1) In general.--Subject to paragraph (2), an eligible 
        employee's leave benefit for any workday on which the employee 
        takes leave as described in subsection (a) shall be calculated 
        as--
                    (A) in the case of an employee with an annual 
                income of not more than $20,000, an amount equal to 100 
                percent of that employee's daily earnings;
                    (B) in the case of an employee with an annual 
                income of more than $20,000 and not more than $30,000, 
                an amount equal to the greater of--
                            (i) 75 percent of that employee's daily 
                        earnings; or
                            (ii) 100 percent of the daily earnings of 
                        an employee with an annual income of $20,000;
                    (C) in the case of an employee with an annual 
                income of more than $30,000 and not more than $60,000, 
                an amount equal to the greater of--
                            (i) 55 percent of that employee's daily 
                        earnings; or
                            (ii) 75 percent of the daily earnings of an 
                        employee with an annual income of $30,000;
                    (D) in the case of an employee with an annual 
                income of more than $60,000 and not more than $97,000, 
                an amount equal to the greater of--
                            (i) 40 percent of that employee's daily 
                        earnings; or
                            (ii) 55 percent of the daily earnings of an 
                        employee with an annual income of $60,000; and
                    (E) in the case of an employee with an annual 
                income of more than $97,000, an amount equal to 40 
                percent of the daily earnings of an employee with an 
                annual income of $97,000.
            (2) Indexing of annual income categories.--
                    (A) In general.--The Secretary shall index the 
                annual income amounts specified in paragraph (1) for 
                each calendar year, using the national average wage 
                index, as determined under section 209(k) of the Social 
                Security Act (42 U.S.C. 409(k)).
                    (B) Publication.--Not later than the November 1 
                preceding each calendar year, the Secretary shall 
                publish in the Federal Register the indexed amount 
                determined under subparagraph (A) for that calendar 
                year.
    (d) Application.--
            (1) In general.--To be eligible to receive a family and 
        medical insurance benefit under this part in a State, an 
        eligible employee shall submit an application to the covered 
        agency for the State at such time, in such manner, and 
        containing the information specified in paragraph (3) and such 
        additional information as the agency may require.
            (2) Irrevocability for self-employed individuals.--An 
        election by a self-employed individual to participate in the 
        Program shall be irrevocable.
            (3) Certification requirements.--The covered agency shall 
        require each of the following, as part of the application for 
        benefits under this section in connection with any leave:
                    (A) A certification, submitted in a timely manner, 
                issued by the health care provider of the eligible 
                employee or of the child, spouse, parent, domestic 
                partner, grandchild, grandparent or sibling of the 
                employee, as appropriate, and similar to the 
                certification described section 103(b) of the Family 
                and Medical Leave Act of 1993 (29 U.S.C. 2613(b)) in 
                connection with such leave.
                    (B) In any case in which the covered agency has 
                reason to doubt the validity of the certification 
                provided under subparagraph (A), the Secretary may 
                require, at the expense of the covered agency, that the 
                eligible employee obtain the opinion of a second health 
                care provider designated or approved by the agency 
                concerning any information certified under subparagraph 
                (A).
                    (C) In any case in which the second opinion 
                described in subparagraph (B) differs from the opinion 
                in the original certification provided under 
                subparagraph (A), the covered agency may require, at 
                the expense of the agency, that the employee obtain the 
                opinion of a third health care provider designated or 
                approved jointly by the agency and the employee 
                concerning the information certified under subparagraph 
                (A). The opinion of the third health care provider 
                concerning such information shall be considered to be 
                final and shall be binding on the agency and the 
                employee.
    (e) Payment of Benefits.--
            (1) Payment from insurance fund.--Payments of benefits 
        required to be made under this section shall be made only from 
        the Insurance Fund established under section 141.
            (2) Certification and payment.--On the final decision of a 
        covered agency or on the final judgment of any court of 
        competent jurisdiction pursuant to paragraph (3) that any 
        person is entitled to any payment under this section--
                    (A) the covered agency shall certify to the 
                Managing Trustee of the Board of Trustees of the 
                Insurance Fund the name and address of the person 
                entitled to receive such payment, the amount of such 
                payment, and the time at which such payment shall be 
                made;
                    (B) the Managing Trustee shall pay the certified 
                amount from the Insurance Fund to the covered agency; 
                and
                    (C) the covered agency shall make the payment to 
                the person.
            (3) Review.--Any eligible employee dissatisfied with any 
        initial determination under this section shall be entitled to 
        reconsideration of the determination, and a hearing on the 
        determination, by the Secretary to the same extent as is 
        provided in section 205(b) of the Social Security Act (42 
        U.S.C. 22 405(b)) and to judicial review of the final decision 
        after such hearing as is provided in section 205(g) of the 
        Social Security Act (42 U.S.C. 405(g)).
            (4) Withholding of certification.--In any case in which a 
        review of the covered agency's decision is or may be sought 
        under paragraph (3), the covered agency may withhold 
        certification of payment pending such review.
            (5) Other compensation.--Except as provided in section 115, 
        no employee shall be eligible to receive paid leave benefits 
        under this part for any period during which--
                    (A) the employee is receiving worker's compensation 
                or compensation through unemployment insurance in 
                connection with the event for which the employee is 
                taking the leave; or
                    (B) the employee is receiving paid leave benefits 
                from an employer under a voluntary employer plan 
                approved under section 114.
    (f) Regulations.--The Secretary shall issue regulations to carry 
out this section, including the determination of benefits for leave 
taken intermittently or on a reduced leave schedule, or for leave taken 
by a part-time, seasonal, or intermittent employee.

SEC. 114. VOLUNTARY EMPLOYER PLAN.

    (a) In General.--Any employer may submit an application to the 
Secretary for approval of a voluntary plan. The Secretary may require 
the employer to resubmit the plan for approval on a annual basis. 
During a period for which the Secretary has approved a plan, the 
applicant shall provide a voluntary paid benefit under the plan rather 
than participating in the Program.
    (b) Approval.--The Secretary shall approve the voluntary plan of 
the applicant if the Secretary finds each of the following with respect 
to the applicant:
            (1) The rights afforded to the employees covered under the 
        plan are equal to or greater than the rights afforded through 
        the Program.
            (2) The plan has been made available to all of the 
        employees of the applicant employed in the United States or to 
        all employees at any 1 distinct, separate establishment 
        maintained by the applicant in the United States.
            (3) A majority of the employees of the employer employed in 
        the United States or a majority of the employees employed at 
        any one distinct, separate establishment maintained by the 
        employer in the United States have consented to the plan.
            (4) The plan provides for insurance to be issued by an 
        admitted disability insurer approved by the Secretary or 
        equivalent insurance (which may be self-insurance).
            (5) The applicant has consented to the plan and has agreed 
        to make the premium contributions required, if any, and 
        transmit the proceeds to the disability insurer, if any.
            (6) The plan provides for the inclusion of future 
        employees.
            (7)(A) The plan will be in effect for a period of not less 
        than 1 year and, thereafter, continuously unless the Secretary 
        finds that the applicant has given notice of intent to 
        terminate the plan, as described in subparagraph (B), and that 
        the fee described in subparagraph (C) has been paid.
            (B) The notice shall be filed in writing with the Secretary 
        and shall be effective--
                    (i) on the anniversary of the effective date of the 
                plan next following the date of the filing of the 
                notice; or
                    (ii) if such anniversary would occur less than 30 
                days after the date of the filing of the notice, on the 
                next anniversary of that effective date.
            (C) The applicant shall pay a fee to the Secretary in such 
        amount as the Secretary determines to be adequate to provide 
        leave benefits under this part to all eligible employees of the 
        applicant for a period of at least 4 months, plus an amount to 
        pay administrative costs related to processing and paying such 
        benefits.
            (D) Amounts received by the Secretary under this paragraph 
        shall be deposited in the Insurance Fund.
            (8) The amount of deductions from the wages of an employee 
        that is in effect for the plan shall not be increased on any 
        date other than on the date of an anniversary of the effective 
        date of the plan.
    (c) Orders and Withdrawal of Approval.--If the Secretary finds that 
a voluntary plan employer is not paying voluntary paid benefits 
required under the voluntary plan to the employees under the plan, the 
Secretary may order the employer to make the payments. If the Secretary 
finds that a voluntary plan employer is not complying with the 
provisions of the plan, including by not paying voluntary paid benefits 
required under the plan, the Secretary may revoke the Secretary's 
approval for the plan, and require the employer to participate in the 
Program.

SEC. 115. ADDITIONAL BENEFITS.

    (a) Additional Employer Benefits.--
            (1) Covered employers.--Nothing in this part shall be 
        construed to discourage a covered employer from providing an 
        additional benefit in conjunction with leave described in 
        section 113(a) to an eligible employee, in addition to the 
        leave benefit provided to that employee. The additional 
        employer benefit shall not reduce the amount of the leave 
        benefit that an eligible employee receives under this part.
            (2) Voluntary plan employers.--Nothing in this part shall 
        be construed to discourage a voluntary plan employer from 
        providing an additional benefit in conjunction with leave 
        described in section 113(a) to an employee, in addition to the 
        voluntary paid benefit provided to that employee. The 
        additional employer benefit shall not reduce the amount of the 
        voluntary paid benefit that an employee receives under a 
        voluntary plan described in section 114.
    (b) Collective Bargaining.--
            (1) More protective.--Nothing in this part shall be 
        construed to diminish the obligation of a covered employer or 
        voluntary plan employer to comply with any collective 
        bargaining agreement or any employment benefit program or plan 
        that provides greater paid leave rights to employees than the 
        rights established under this part (including rights 
        established under a plan described in section 114).
            (2) Less protective.--The rights established for employees 
        under this part (including rights established under a plan 
        described in section 114) shall not be diminished by any 
        collective bargaining agreement or any employment benefit 
        program or plan.

SEC. 116. PROHIBITED ACTS BY EMPLOYER.

    (a) Interference With Rights.--It shall be unlawful for any covered 
employer to interfere with, restrain, or deny the exercise of or the 
attempt to exercise, any right provided under this part.
    (b) Discrimination.--It shall be unlawful for any covered employer 
to discharge or in any other manner discriminate against any individual 
for opposing any practice made unlawful by this part.
    (c) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against any individual because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to this part;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this part; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this part.

SEC. 117. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any covered employer who violates section 
        116 shall be liable to any eligible employee affected--
                    (A) for damages equal to--
                            (i) the amount of--
                                    (I) any wages, salary, employment 
                                benefits, or other compensation denied 
                                or lost to such employee by reason of 
                                the violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits, or other 
                                compensation have not been denied or 
                                lost to the employee, any actual 
                                monetary losses sustained by the 
                                employee as a direct result of the 
                                violation, such as the cost of 
                                providing care, up to a sum equal to 8 
                                weeks of wages or salary for the 
                                employee;
                            (ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            (iii) an additional amount as liquidated 
                        damages equal to the sum of the amount 
                        described in clause (i) and the interest 
                        described in clause (ii), except that if a 
                        covered employer who has violated section 116 
                        proves to the satisfaction of the court that 
                        the act or omission which violated section 116 
                        was in good faith and that the employer had 
                        reasonable grounds for believing that the act 
                        or omission was not a violation of section 116, 
                        such court may, in the discretion of the court, 
                        reduce the amount of the liability to the 
                        amount and interest determined under clauses 
                        (i) and (ii), respectively; and
                    (B) for such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (2) Right of action.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action to recover the damages or equitable 
                relief prescribed in paragraph (1) may be maintained 
                against any covered employer (including a public 
                agency) in any Federal or State court of competent 
                jurisdiction by any 1 or more employees for and on 
                behalf of--
                            (i) the employees; or
                            (ii) the employees and other employees 
                        similarly situated.
                    (B) Limitation.--The right provided by subparagraph 
                (A) to bring an action by or on behalf of any employee 
                shall terminate--
                            (i) on the filing of a complaint by the 
                        Secretary in an action under subsection (b)(3) 
                        in which restraint is sought of any further 
                        delay in the payment of the amount described in 
                        paragraph (1)(A) to such employee by an 
                        employer responsible under paragraph (1) for 
                        the payment; or
                            (ii) on the filing of a complaint by the 
                        Secretary in an action under paragraph (1) or 
                        (2) of subsection (b) in which a recovery is 
                        sought of the damages described in paragraph 
                        (1)(A) owing to an eligible employee by an 
                        employer liable under paragraph (1),
                unless the action described in clause (i) or (ii) is 
                dismissed without prejudice on motion of the Secretary.
            (3) Fees and costs.--The court in an action brought under 
        this subsection shall, in addition to any judgment awarded to 
        the plaintiff, allow a reasonable attorneys' fee, reasonable 
        expert witness fees, and other costs of the action to be paid 
        by the defendant.
    (b) Actions by the Secretary.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 116 in the same manner that the Secretary receives, 
        investigates, and attempts to resolve complaints of violations 
        of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206 and 207).
            (2) Civil action.--
                    (A) Right of action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in subsection (a)(1)(A).
                    (B) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to this paragraph shall be held in a 
                special deposit account and shall be paid, on order of 
                the Secretary, directly to each employee affected. Any 
                such sums not paid to an employee because of inability 
                to do so within a period of 3 years shall be deposited 
                into the Treasury of the United States as miscellaneous 
                receipts.
            (3) Action for injunction by the secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of section 116, 
                including the restraint of any withholding of payment 
                of wages, salary, employment benefits, or other 
                compensation, plus interest, found by the court to be 
                due to eligible employees; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (4) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        this subsection.
    (c) Limitation.--
            (1) Except as provided in paragraph (2), an action may be 
        brought under subsections (a) or (b) not later than 2 years 
        after the date of the last event constituting the alleged 
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 116, such action may be 
        brought within 3 years of the date of the last event 
        constituting the alleged violation for which such action is 
        brought.
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary for the purposes of this subsection, 
        it shall be considered to be commenced on the date when the 
        complaint is filed.
    (d) Investigative Authority.--
            (1) In general.--To ensure compliance with the provisions 
        of this part, or any regulation or order issued under this 
        part, the Secretary shall have, subject to paragraph (3), the 
        investigative authority provided under section 11(a) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).
            (2) Obligation to keep and preserve records.--Any covered 
        employer shall make, keep, and preserve records pertaining to 
        compliance with this part in accordance with section 11(c) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in 
        accordance with regulations issued by the Secretary. The 
        Secretary shall have access to the records for purposes of 
        conducting audits.
            (3) Required submissions generally limited to an annual 
        basis.--The Secretary shall not under the authority of this 
        subsection require any covered employer or any plan, fund, or 
        program to submit to the Secretary any books or records more 
        than once during any 12-month period, unless the Secretary has 
        reasonable cause to believe there may exist a violation of this 
        part or any regulation or order issued pursuant to this part, 
        or is investigating a charge pursuant to subsection (b).
            (4) Subpoena power.--For the purposes of any investigation 
        provided for in this section, the Secretary shall have the 
        subpoena authority provided for under section 9 of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 209).

SEC. 118. PENALTIES.

    (a) Penalties for Submission of False Certifications.--If the 
Secretary finds that any individual submits a false certification of 
the health condition of any person in order to obtain leave benefits 
under this part with the intent to defraud, the Secretary shall assess 
a penalty against the individual in an amount up to 100 percent of the 
benefits paid as a result of the false certification. Penalties 
collected under this subsection shall be deposited in the Insurance 
Fund, notwithstanding the provisions of title 31, United States Code 
and used to reimburse the covered employers involved for the amount of 
the leave benefits.
    (b) Criminal Penalties for False Statements and Solicitations.--
Whoever--
            (1) makes or causes to be made any false statement in 
        support of an application for leave benefits under this part;
            (2) knowingly presents or causes to be presented any false 
        written or oral material statement in support of any claim for 
        leave benefits under this part;
            (3) knowingly solicits, receives, offers, pays, or accepts 
        any rebate, refund, commission, preference, patronage, 
        dividend, discount, or other consideration, whether in the form 
        of money or otherwise, as compensation or inducement for 
        soliciting a claimant to apply for leave benefits under this 
        part, except to the extent authorized by a law of the United 
        States; or
            (4) knowingly assists, abets, solicits, or conspires with 
        any person to engage in an act that is prohibited under 
        paragraph (1), (2), or (3),
shall be guilty of a felony and upon conviction shall be fined under 
title 18, United States Code, or imprisoned for not more than 5 years, 
or both.

SEC. 119. EDUCATION PROGRAMS.

    (a) Authority.--The Secretary shall develop and maintain a program 
of education concerning the rights and leave benefits under this part.
    (b) Notice to Employers.--The Secretary shall provide to each 
covered employer a notice informing employees of the rights and leave 
benefits available under this part. The notice shall be given by every 
covered employer to each employee hired, and to each employee taking 
leave as described in section 113(a).

SEC. 120. REGULATIONS.

    The Secretary shall issue regulations to carry out this part.

SEC. 121. EFFECTIVE DATE.

    This part shall take effect on January 1, 2012, and apply to 
periods of leave that commence on or after January 1, 2013.

    PART 2--CIVIL SERVICE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM

SEC. 131. PROGRAM DEFINITIONS.

    In this part:
            (1) Agency.--The term ``agency'' means an agency covered 
        under subchapter V of chapter 63 of title 5, United States 
        Code.
            (2) Agency employee.--The term ``agency employee'' means an 
        employee who--
                    (A) meets the requirements of paragraph (1) of 
                section 6381 of title 5, United States Code; and
                    (B) has earned wages with an agency for 12 of the 
                last 18 months, prior to filing an application for 
                leave benefits under this part.

SEC. 132. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Director of the Office of Personnel Management 
shall establish a Civil Service Family and Medical Leave Insurance 
Program, and shall issue regulations providing for the implementation 
of the program. In issuing the regulations, the Director shall require 
that the Director shall provide, or that the agencies shall provide, 
family and medical leave insurance benefits described in section 113 to 
agency employees. The regulations issued under this subsection shall 
include provisions that are the same as regulations issued by the 
Secretary to implement the statutory provisions of sections 113, 115, 
119, and 120, except insofar as the Director may determine, for good 
cause shown and stated together with the regulations, that a 
modification of the regulations would be more effective for the 
implementation of the rights and protections under those sections. The 
regulations shall provide for appropriate remedies and procedures for 
violations of this part.
    (b) Payment.--At the direction of the Director or the head of an 
agency, as specified in the regulations, the Managing Trustee shall pay 
funds from the Insurance Fund for the leave benefits.

            PART 3--FAMILY AND MEDICAL LEAVE INSURANCE FUND

SEC. 141. ESTABLISHMENT.

    (a) In General.--There is created in the Treasury of the United 
States a trust fund to be known as the Family and Medical Leave 
Insurance Fund. The Insurance Fund shall consist of such amounts as may 
be deposited in, or appropriated to, such fund as provided in this 
section.
    (b) Appropriations to Insurance Fund.--
            (1) Amounts appropriated.--There is appropriated to the 
        Insurance Fund for fiscal year 2012 and each fiscal year 
        thereafter, out of any moneys in the Treasury not otherwise 
        appropriated, amounts equivalent to 100 percent of--
                    (A) the family and medical leave premiums imposed 
                by sections 3101(c) and 3111(c) of the Internal Revenue 
                Code of 1986 with respect to wages (as defined in 
                section 3121 of such Code) reported to the Secretary of 
                the Treasury or the Secretary's delegate under subtitle 
                F of such Code after December 31, 2010, as determined 
                by the Secretary of the Treasury by applying the 
                applicable rates of premium payment under such sections 
                to such wages, which wages shall be certified by the 
                Commissioner of Social Security;
                    (B) on the basis of the records of wages 
                established and maintained by the Commissioner of the 
                Social Security Administration in accordance with such 
                reports;
                    (C) the family and medical leave premiums imposed 
                by section 1401(c) of such Code with respect to self-
                employment income (as defined in section 1402 of such 
                Code) reported to the Secretary of the Treasury or the 
                Secretary's delegate on tax returns under subtitle F of 
                such Code after December 31, 2009, as determined by the 
                Secretary of the Treasury by applying the applicable 
                rate of premium payment under such section 1401(c) to 
                such self-employment income, which self-employment 
                income shall be certified by the Commissioner of Social 
                Security; and
                    (D) on the basis of the records of self-employment 
                income established and maintained by the Commissioner 
                of Social Security in accordance with such returns.
            (2) Transfers.--Such appropriated amounts shall be 
        transferred from time to time from the general fund of the 
        Treasury to the Insurance Fund. Such amounts shall be 
        determined on the basis of estimates by the Secretary of the 
        Treasury of the premiums, specified in paragraph (1), paid to 
        or deposited into the Treasury, and proper adjustments shall be 
        made in amounts subsequently transferred to the extent prior 
        estimates were in excess of or were less than such premiums.
            (3) Investments.--All amounts transferred to the Insurance 
        Fund under paragraph (2) shall be invested by the Managing 
        Trustee referred to in section 312(c) in the same manner and to 
        the same extent as the other assets of the Insurance Fund.

SEC. 142. BOARD OF TRUSTEES.

    (a) Establishment and Membership.--With respect to the Insurance 
Fund, there is established a body to be known as the Board of Trustees 
of the Insurance Fund which shall be composed of the Secretary of the 
Treasury, the Secretary of Labor, the Commissioner of Social Security, 
and the Secretary of Health and Human Services, all ex officio, and of 
two members of the public (both of whom may not be from the same 
political party), who shall be nominated by the President, by and with 
the advice and consent of the Senate.
    (b) Terms and Vacancies.--Members of the Board of Trustees shall 
serve for a period of 4 years. A member of the Board of Trustees 
nominated and confirmed as a member of the public to fill a vacancy 
occurring during a term shall be nominated and confirmed only for the 
remainder of such term. An individual nominated and confirmed as a 
member of the public may serve in such position after the expiration of 
such member's term until the earlier of the date on which the member's 
successor takes office or the date on which a report of the Board is 
first issued under paragraph (2) after the expiration of the member's 
term.
    (c) Managing Trustee and Secretary.--The Secretary of the Treasury 
shall be the Managing Trustee of the Board of Trustees. The Secretary 
of Labor shall serve as the Secretary of the Board of Trustees.
    (d) Basic Duties of the Board of Trustees.--The Board of Trustees 
shall meet not less frequently than once each calendar year. It shall 
be the duty of the Board of Trustees to--
            (1) hold the Insurance Fund;
            (2) report to Congress not later than April 1 of each 
        year--
                    (A) on the operation and status of the Insurance 
                Fund during the fiscal year preceding the fiscal year 
                in which the report is made; and
                    (B) on the expected operation and status of the 
                Insurance Fund during the fiscal year in which the 
                report is made and the next 2 fiscal years;
            (3) report immediately to Congress whenever the Board is of 
        the opinion that the amount in the Insurance Fund is unduly 
        small; and
            (4) review the general policies followed in managing the 
        Insurance Fund, and recommend changes in such policies, 
        including necessary changes in the provisions of law that 
        govern the way in which the Insurance Fund is to be managed.
    (e) Requirements Relating to Annual Report.--The report provided 
for in subsection (d)(2) shall include a statement of the assets of, 
and the disbursements made from, the Insurance Fund during the fiscal 
year preceding the fiscal year in which the report is made, an estimate 
of the expected income to, and disbursements to be made from, the 
Insurance Fund during the fiscal year in which the report is made and 
each of the next two fiscal years, and a statement of the actuarial 
status of the Insurance Fund. Such report shall also include an 
actuarial opinion by an appropriate employee of the Department of Labor 
certifying that the techniques and methodologies used for the report 
are generally accepted within the actuarial profession and that the 
assumptions and cost estimates used for the report are reasonable.
    (f) Liability.--A person serving as a member of the Board of 
Trustees shall not be considered to be a fiduciary and shall not be 
personally liable for actions taken in such capacity with respect to 
the Insurance Fund.

SEC. 143. INVESTMENT OF THE FAMILY AND MEDICAL LEAVE INSURANCE FUND.

    (a) Obligations.--It shall be the duty of the Managing Trustee to 
invest such portion of the Insurance Fund as is not, in the trustee's 
judgment, required to meet current withdrawals. Such investments may be 
made only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States.
    (b) Acquisition.--The obligations referred to in subsection (a) may 
be acquired--
            (1) on original issue at the issue price; or
            (2) by purchase of outstanding obligations at the market 
        price.
    (c) Obligations Issued for Purchase by Fund.--The purposes for 
which obligations of the United States may be issued under chapter 31 
of title 31, United States Code, are extended to authorize the issuance 
at par of public debt obligations for purchase by the Insurance Fund. 
Such obligations issued for purchase by the Insurance Fund shall have 
dates of maturity fixed with due regard for the needs of the Insurance 
Fund. Such obligations shall bear interest at a rate equal to--
            (1) except as provided in paragraph (2), the average market 
        yield (computed by the Managing Trustee on the basis of market 
        quotations as of the end of the calendar month preceding the 
        date of such issue) on all marketable interest-bearing 
        obligations of the United States forming a part of the public 
        debt that are not due or callable until after the expiration of 
        four years from the end of such calendar month; or
            (2) in a case in which such average market yield is not a 
        multiple of 0.1 percent, the multiple of 0.1 percent nearest 
        such market yield.
    (d) Other Obligations.--The Managing Trustee may purchase interest-
bearing obligations of the United States that are not described in 
subsection (c) or obligations guaranteed as to both principal and 
interest by the United States, on original issue or at the market 
price, only in cases in which the trustee determines that the purchase 
of obligations described in this paragraph is in the public interest.
    (e) Disposition and Redemption of Obligations.--Any obligations 
acquired by the Insurance Fund (except public debt obligations issued 
exclusively to the Insurance Fund) may be sold by the Managing Trustee 
at the market price, and such public debt obligations may be redeemed 
at par plus accrued interest.
    (f) Crediting of Interest and Proceeds.--The interest on, and the 
proceeds from the sale or redemption of, any obligations held in the 
Insurance Fund shall be credited to and form a part of the Insurance 
Fund.

SEC. 144. PAYMENTS FROM FAMILY AND MEDICAL LEAVE INSURANCE FUND.

    The Managing Trustee shall pay from time to time from the Insurance 
Fund such amounts as the Secretary of Labor certifies are necessary to 
make the payments provided for by section 113, and payments with 
respect to administrative expenses under section 145.

SEC. 145. ADMINISTRATIVE EXPENSES.

    (a) Availability of Insurance Fund.--Under regulations that shall 
be prescribed by the Secretary of Labor, funds shall be made available 
from the Insurance Fund in connection with the administration of this 
subtitle and the administration of related provisions of the Internal 
Revenue Code of 1986 in the same manner and extent as funds are made 
available from the trust funds referred to in section 201(g) of the 
Social Security Act (42 U.S.C. 401(g)) in connection with the 
administration of the relevant provisions referred to in such section.
    (b) Authorization of Appropriations.--There are authorized to be 
made available for expenditure such amounts as Congress may determine 
to be appropriate to pay the costs of the part of the administration of 
this subtitle (including start-up costs, technical assistance, and 
costs for small employers electing to participate in the Family and 
Medical Leave Insurance Program) for which the Secretary of Labor is 
responsible.
    (c) Gifts and Bequests.--The Managing Trustee may accept on behalf 
of the United States money gifts and bequests made unconditionally to 
the Insurance Fund for the benefit of the Insurance Fund or any 
activity financed through the Insurance Fund and such gifts and 
bequests shall be deposited into the Insurance Fund.
    (d) Processing of Tax Data.--Section 232 of the Social Security Act 
(42 U.S.C. 432) shall apply with respect to this subtitle, in the same 
manner and to the same extent as such section applies with respect to 
title II of the Social Security Act (42 U.S.C. 401 et seq.).

SEC. 146. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Employee Premiums.--Section 3101 of the Internal Revenue Code 
of 1986 (relating to tax on employees) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(c) Family and Medical Leave Premiums.--
            ``(1) In general.--In addition to the taxes imposed by 
        subsections (a) and (b), there is imposed on the income of 
        every individual a family and medical leave premium equal to 
        the applicable percentage of the wages (as defined in section 
        3121(a)) received by the individual with respect to employment 
        (as defined in section 3121(b)).
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 0.1 percent with respect to periods of 
                employment by a small employer (as defined in section 
                103(b) of the Family Leave Insurance Act) electing to 
                participate in the Family and Medical Leave Insurance 
                Program (established under section 112 of such Act); 
                and
                    ``(B) 0.2 percent with respect to all other periods 
                of employment.
            ``(3) Exception for certain employment.--Paragraph (1) 
        shall not apply with respect to a period of employment--
                    ``(A) by an employer during which the Secretary of 
                Labor determines the employer has in effect a plan 
                which is equivalent to or better than the Family and 
                Medical Leave Insurance Program (established under 
                section 112 of the Family Leave Insurance Act); or
                    ``(B) by a small employer (as so defined) who has 
                not elected to participate in such Program.
        For purposes of the preceding sentence, the Secretary of Labor 
        shall prescribe such regulations as may be appropriate or 
        necessary, including regulations requiring documentation of 
        employer programs.''.
    (b) Employer Premiums.--Section 3111 of the Internal Revenue Code 
of 1986 (relating to tax on employers) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(c) Family and Medical Leave Premiums.--
            ``(1) In general.--In addition to the excise taxes imposed 
        by subsections (a) and (b), there is imposed on every employer 
        a family and medical leave premium, with respect to having 
        individuals in such employer's employ, equal to the applicable 
        percentage of the wages (as defined in section 3121(a)) paid by 
        such employer with respect to employment (as defined in section 
        3121(b)).
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 0.1 percent with respect to small employers 
                (as defined in section 103(b) of the Family Leave 
                Insurance Act) electing to participate in the Family 
                and Medical Leave Insurance Program (established under 
                section 112 of such Act); and
                    ``(B) 0.2 percent with respect to all other 
                employers.
            ``(3) Exception for certain employers.--Paragraph (1) shall 
        not apply for any period with respect to an employer to whom 
        paragraph (1) of section 3101(c) does not apply by reason of 
        paragraph (3) thereof.''.
    (c) Self-Employed Premiums.--Section 1401 of the Internal Revenue 
Code of 1986 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Family and Medical Leave Premiums.--
            ``(1) In general.--In addition to the taxes imposed by 
        subsections (a) and (b), there is imposed for each taxable 
        year, on the self-employment income of every individual, a 
        family and medical leave premium equal to 0.4 percent of the 
        amount of the self-employment income for such taxable year.
            ``(2) Exception for certain employers.--Paragraph (1) shall 
        not apply for any period with respect to an employer who has 
        not elected to participate in the Family and Medical Leave 
        Insurance Program (established under section 112 of the Family 
        Leave Insurance Act).''.
    (d) Conforming Amendments to Social Security Act.--Section 201 of 
the Social Security Act (42 U.S.C. 401) is amended--
            (1) by striking ``sections 3101(b) and 3111(b)'' both 
        places it appears in subsection (a)(3) and inserting ``sections 
        3101(b), 3101(c), 3111(b), and 3111(c)'', and
            (2) by striking ``section 1401(b)'' both places it appears 
        in subsection (a)(4) and inserting ``sections 1401(b) and 
        1401(c)''.
    (e) Effective Date.--
            (1) Employment premiums.--The amendments made by 
        subsections (a), (b), and (d)(1) shall apply to wages paid 
        after December 31, 2010.
            (2) Self-employment premiums.--The amendments made by 
        subsections (c) and (d)(2) shall apply to taxable years 
        beginning after December 31, 2010.

          Subtitle B--Family and Medical Leave Enhancement Act

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Family and Medical Leave 
Enhancement Act''.

SEC. 152. ELIGIBLE EMPLOYEE.

    Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each 
place it appears and inserting ``fewer than 25''.

SEC. 153. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--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 new paragraph:
            ``(6) Entitlement to additional leave for parental 
        involvement and family wellness.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                section 103(g), an eligible employee shall be entitled 
                to leave under this paragraph to--
                            ``(i) participate in or attend an activity 
                        that is sponsored by a school or community 
                        organization and relates to a program of the 
                        school or organization that is attended by a 
                        son or daughter or a grandchild of the 
                        employee; or
                            ``(ii) meet routine family medical care 
                        needs, including for medical and dental 
                        appointments of the employee or a son, 
                        daughter, spouse, or grandchild of the 
                        employee, or to attend to the care needs of 
                        elderly individuals who are related to the 
                        eligible employee, including visits to nursing 
                        homes and group homes.
                    ``(B) Limitations.--
                            ``(i) In general.--An eligible employee is 
                        entitled to--
                                    ``(I) not to exceed 4 hours of 
                                leave under this paragraph during any 
                                30-day period; and
                                    ``(II) not to exceed 24 hours of 
                                leave under this paragraph during any 
                                12-month period.
                            ``(ii) Coordination rule.--Leave under this 
                        paragraph shall be in addition to any leave 
                        provided under any other paragraph of this 
                        subsection.
                    ``(C) Definitions.--As used in this paragraph:
                            ``(i) 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.), or a child care facility.
                            ``(ii) Community organization.--The term 
                        `community organization' means a private 
                        nonprofit organization that is representative 
                        of a community or a significant segment of a 
                        community and provides activities for 
                        individuals described in subparagraph (A) or 
                        (B) of section 101(12), such as a scouting or 
                        sports organization.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the third sentence the following new 
sentence: ``Leave under subsection (a)(6) may be taken intermittently 
or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 
U.S.C. 2612(d)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Parental involvement leave and family 
                wellness leave.--An eligible employee may elect, or an 
                employer may require the employee, to substitute any of 
                the accrued paid vacation leave, personal leave, or 
                family leave of the employee for any leave under 
                subsection (a)(6). In addition, an eligible employee 
                may elect, or an employer may require the employee, to 
                substitute any of the accrued paid medical or sick 
                leave of the employee for leave provided under clause 
                (ii) of subsection (a)(6)(A) for any part of the leave 
                under such clause, except that nothing in this title 
                shall require an employer to provide paid sick leave or 
                paid medical leave in any situation in which such 
                employer would not normally provide any such paid 
                leave. If the employee elects or the employer requires 
                the substitution of accrued paid leave for leave 
                provided under subsection (a)(6)(A), the employer shall 
                not restrict or limit this substitution or impose any 
                additional terms and conditions on such leave that are 
                more stringent on the employee than the terms and 
                conditions set forth in this Act.''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is 
amended by adding at the end the following new paragraph:
            ``(4) Notice relating to parental involvement and family 
        wellness leave.--In any case in which an employee requests 
        leave under paragraph (6) of subsection (a), the employee 
        shall--
                    ``(A) provide the employer with not less than 7 
                days' notice or as much notice as is practicable before 
                the date the leave is to be taken, of the employee's 
                intention to take leave under such paragraph; and
                    ``(B) in the case of leave to be taken under 
                subparagraph (A)(ii), make a reasonable effort to 
                schedule the leave so as not to disrupt unduly the 
                operations of the employer, subject to the approval of 
                the health care provider involved (if any).''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following new subsection:
    ``(g) Certification Related to Parental Involvement and Family 
Wellness Leave.--An employer may require that a request for leave under 
section 102(a)(6) be supported by a certification issued at such time 
and in such manner as the Secretary may by regulation prescribe.''.
    (f) Definition of Grandchild.--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 new paragraph:
            ``(20) Grandchild.--The term `grandchild' means a son or 
        daughter of an employee's son or daughter.''.

SEC. 154. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an 
employee shall be entitled to leave under this paragraph to--
            ``(i) participate in or attend an activity that is 
        sponsored by a school or community organization and relates to 
        a program of the school or organization that is attended by a 
        son or daughter or a grandchild of the employee; or
            ``(ii) meet routine family medical care needs, including 
        for medical and dental appointments of a son, daughter, spouse, 
        or grandchild of the employee, or to attend to the care needs 
        of elderly individuals who are related to the eligible 
        employee, including visits to nursing homes and group homes.
    ``(B)(i) An employee is entitled to--
            ``(I) not to exceed 4 hours of leave under this paragraph 
        during any 30-day period; and
            ``(II) not to exceed 24 hours of leave under this paragraph 
        during any 12-month period.
    ``(ii) Leave under this paragraph shall be in addition to any leave 
provided under any other paragraph of this subsection.
    ``(C) For the purpose of this paragraph--
            ``(i) 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), a Head 
        Start program assisted under the Head Start Act, and a child 
        care facility licensed under State law; and
            ``(ii) the term `community organization' means a private 
        nonprofit organization that is representative of a community or 
        a significant segment of a community and provides activities 
        for individuals described in subparagraph (A) or (B) of section 
        6381(6), such as a scouting or sports organization.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended--
            (1) by inserting after the second sentence the following 
        new sentence: ``Leave under subsection (a)(5) may be taken 
        intermittently or on a reduced leave schedule.''; and
            (2) in the last sentence, by striking ``involved,'' and 
        inserting ``involved (or, in the case of leave under subsection 
        (a)(5), for purposes of any 30-day or 12-month period),''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended--
            (1) by inserting ``(1)'' after the subsection designation; 
        and
            (2) by adding at the end the following:
    ``(2) An employee may elect to substitute for leave under 
subsection (a)(5), any of the employee's accrued or accumulated annual 
or sick leave under subchapter I. If the employee elects to substitute 
accumulated annual or sick leave for leave provided under subsection 
(a)(5), the employing agency shall not restrict or limit this 
substitution or impose any additional terms and conditions on such 
leave that are more stringent on the employee than the terms and 
conditions set forth in this subchapter.''.
    (d) Notice.--Section 6382(e) of such title is amended by adding at 
the end the following new paragraph:
    ``(4) In any case in which an employee requests leave under 
paragraph (5) of subsection (a), the employee shall--
            ``(A) provide the employing agency with not less than 7 
        days' notice, before the date the leave is to be taken, of the 
        employee's intention to take leave under such paragraph; and
            ``(B) in the case of leave to be taken under subparagraph 
        (A)(ii), make a reasonable effort to schedule the leave so as 
        not to disrupt unduly the operations of the employer, subject 
        to the approval of the health care provider involved (if 
        any).''.
    (e) Certification.--Section 6383(f) of such title is amended by 
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 
6382(a)''.
    (f) Definition of Grandchild.--Section 6381 of title 5, United 
States Code, is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(13) the term `grandchild' means a son or daughter of an 
        employee's son or daughter.''.

                Subtitle C--Domestic Violence Leave Act

SEC. 161. SHORT TITLE.

    This subtitle may be cited as the ``Domestic Violence Leave Act''.

SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, 
              OR STALKING.

    (a) Authority for Leave.--Section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 
at the end the following:
                    ``(F) In order to care for the family member of the 
                employee, if such family member is addressing domestic 
                violence, sexual assault, or stalking and their 
                effects.
                    ``(G) Because the employee is addressing domestic 
                violence, sexual assault, or stalking and their 
                effects, the employee is unable to perform any of the 
                functions of the position of such employee.''.
    (b) Definitions.--Section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611) (as amended by section 193(f)) is further 
amended by adding at the end the following:
            ``(21) Domestic violence.--The term `domestic violence' has 
        the meaning given such term in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925), and includes 
        dating violence, as such term is defined in such section.
            ``(22) Sexual assault.--The term `sexual assault' has the 
        meaning given that term in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925).
            ``(23) Stalking.--The term `stalking' has the meaning given 
        such term in section 40002 of the Violence Against Women Act of 
        1994 (42 U.S.C. 13925).
            ``(24) Addressing domestic violence, sexual assault, or 
        stalking and their effects.--The term `addressing domestic 
        violence, sexual assault, or stalking and their effects' 
        means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence, sexual 
                assault, or stalking;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence, sexual assault, or stalking;
                    ``(C) attending support groups for victims of 
                domestic violence, sexual assault, or stalking;
                    ``(D) obtaining psychological counseling related to 
                experiences of domestic violence, sexual assault, or 
                stalking;
                    ``(E) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, sexual assault, or stalking, including 
                temporary or permanent relocation; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence, sexual assault, or 
                stalking which must be undertaken during hours of 
                employment.
            ``(25) Family member.--The term `family member', used with 
        respect to a person, means an individual who is a spouse, 
        domestic partner, parent, son or daughter (including an adult 
        son or daughter) of that person.''.
    (c) Intermittent or Reduced Leave.--Section 102(b)(1) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2612(b)(1)) (as amended by 
section 193(b)) is further amended by inserting before the last 
sentence: ``Subject to subsection (e)(4) and 103(g), leave under 
subparagraph (F) or (G) of subsection (a)(1) may be taken by an 
employee intermittently or on a reduced leave schedule.''.
    (d) Paid Leave.--Section 102(d)(2)(B) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(d)(2)(B)) is amended by inserting at 
the end the following: ``An eligible employee may elect to substitute 
any of the accrued paid vacation leave, personal leave, family leave, 
or medical or sick leave of the employee for leave provided under 
subparagraph (F) or (G) of subsection (a)(1) for any part of the 12-
week period of such leave under such subsection, except that nothing in 
this title shall require an employer to provide paid sick leave or paid 
medical leave in any situation in which such employer would not 
normally provide any such paid leave.''.
    (e) Notice.--Section 102(e) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612(e)) (as amended by section 193(d)), is further 
amended by adding at the end the following:
            ``(5) Notice for leave due to domestic violence, sexual 
        assault, or stalking.--In any case in which the necessity for 
        leave under subparagraph (F) or (G) of subsection (a)(1) is 
        foreseeable based on a scheduled appointment or planned 
        activity to address domestic violence, sexual assault, or 
        stalking and their effects, the employee shall provide such 
        notice to the employer as is reasonable and practicable.''.
    (f) Certification and Confidentiality.--Section 103 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2613) (as amended by section 
193(e)) is further amended--
            (1) in the title, by adding before the period the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(h) Certification Related to Domestic Violence, Sexual Assault, 
or Stalking.--
            ``(1) In general.--In determining if an employee meets the 
        requirements of subparagraph (F) or (G) of section 102(a)(1), 
        the employer of an employee may require the employee to provide 
        written certification. Certification under this paragraph shall 
        be sufficient if it includes--
                    ``(A) documentation of the domestic violence, 
                sexual assault, or stalking, such as police or court 
                records, or documentation of the domestic violence, 
                sexual assault, or stalking from a shelter worker, 
                attorney, clergy, or medical or other professional from 
                whom the employee or family member of the employee has 
                sought assistance in addressing domestic violence, 
                sexual assault, or stalking and their effects;
                    ``(B) other corroborating evidence, such as a 
                statement from any other individual with knowledge of 
                the circumstances which provide the basis for the 
                claim, or physical evidence of domestic violence, 
                sexual assault, or stalking, such as photographs, or 
                torn or bloody clothes; or
                    ``(C) at the election of the employee, where 
                documentation described in subparagraph (A) and 
                corroborating evidence described in subparagraph (B) is 
                not available, a written statement describing the 
                domestic violence, sexual assault, or stalking and 
                their effects.
            ``(2) Confidentiality.--All evidence of domestic violence, 
        sexual assault, or stalking provided to an employer under this 
        subsection, including an employee's statement, any 
        corroborating evidence, and the fact that an employee has 
        requested leave for the purpose of addressing domestic 
        violence, sexual assault, or stalking and their effects, shall 
        be retained in the strictest confidence by the employer, except 
        to the extent consented to by the employee where disclosure is 
        necessary to--
                    ``(A) protect the safety of the employee or family 
                member of the employee; or
                    ``(B) assist in documenting domestic violence, 
                sexual assault, or stalking for a court or law 
                enforcement agency.''.
    (g) 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:

``103. Certification; confidentiality.''.

SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS.

    (a) Definitions.--
            (1) Inclusion of same-sex spouses.--Section 101(13) of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is 
        amended, by inserting ``, and, notwithstanding section 7 of 
        title I, United States Code, includes a spouse of the same sex 
        as the employee as determined under applicable State law'' 
        before the period.
            (2) Inclusion children of a domestic partner.--Section 
        101(12) of such Act (29 U.S.C. 2611(12)) is amended by 
        inserting ``a child of an individual's domestic partner,'' 
        after ``a legal ward,''.
            (3) Inclusion domestic partners.--Section 101 of such Act 
        (as amended by section 162) is further amended by adding at the 
        end the following:
            ``(25) Domestic partner.--The term `domestic partner' 
        means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union laws of the State or political subdivision 
                of a State where the employee resides; or
                    ``(B) in the case of an unmarried employee who 
                resides in a State where a person cannot marry a person 
                of the same sex under the laws of the State, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate relationship with the 
                employee, is not a domestic partner to any other 
                person, and who is designated to the employer by such 
                employee as that employee's domestic partner.''.
    (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)(C), by striking ``spouse,'' both 
        places it appears and inserting ``spouse or domestic 
        partner,'';
            (2) in subsection (a)(1)(E), by striking spouse, and 
        inserting ``spouse or domestic partner,'';
            (3) in subsection (a)(3), by striking ``spouse,'' and 
        inserting ``spouse or domestic partner,'';
            (4) in subsection (e)(2)(A), by inserting ``domestic 
        partner,'' after ``spouse,'';
            (5) in subsection (e)(3), by inserting ``domestic 
        partner,'' after ``spouse,''; and
            (6) in subsection (f)--
                    (A) in the subsection heading, by inserting ``or 
                Domestic Partners'' after ``Spouses'';
                    (B) in paragraph (1), by striking ``a husband and 
                wife'' and inserting ``both spouses or both domestic 
                partners'';
                    (C) in paragraph (2)(A), by striking ``that husband 
                and wife'' and inserting ``spouses or both domestic 
                partners''; and
                    (D) in paragraph (2)(B), by striking ``the husband 
                and wife'' and inserting ``both spouses or both 
                domestic partners''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613) is amended--
            (1) in subsection (a), by inserting ``domestic partner,'' 
        after ``spouse,'';
            (2) in subsection (b)(4)(A), by inserting ``domestic 
        partner,'' after ``spouse,'' both places it appears; and
            (3) in subsection (b)(7), by inserting ``domestic 
        partner,'' after ``spouse,''.
    (d) Employment and Benefits Protection.--Section 104(c)(3) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is 
amended--
            (1) in subparagraph (A)(i), by inserting ``domestic 
        partner,'' after ``spouse,''; and
            (2) in subparagraph (C)(ii), by inserting ``domestic 
        partner,'' after ``spouse,''.

SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC 
              VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    (a) Authority for Leave.--Section 6382(a)(1) of title 5, United 
States Code is amended by adding at the end the following:
            ``(F) In order to care for the family member of the 
        employee, if such family member is addressing domestic 
        violence, sexual assault, or stalking and their effects.
            ``(G) Because the employee is addressing domestic violence, 
        sexual assault, or stalking and their effects, the employee is 
        unable to perform any of the functions of the position of such 
        employee.''.
    (b) Definitions.--Section 6381 of title 5, United States Code (as 
amended by section 154(f)) is amended--
            (1) at the end of paragraph (10), by striking ``and'';
            (2) in paragraph (11), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(14) the terms `domestic violence', `sexual assault', and 
        `stalking' all have the meaning given such terms in section 
        40002 of the Violence Against Women Act of 1994 (42 U.S.C. 
        13925), and the term `domestic violence' includes dating 
        violence, as such term is defined in such section;
            ``(15) the term `addressing domestic violence, sexual 
        assault, or stalking and their effects' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence, sexual 
                assault, or stalking;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence, sexual assault, or stalking;
                    ``(C) attending support groups for victims of 
                domestic violence, sexual assault, or stalking;
                    ``(D) obtaining psychological counseling related to 
                experiences of domestic violence, sexual assault, or 
                stalking;
                    ``(E) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, sexual assault, or stalking, including 
                temporary or permanent relocation; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence, sexual assault, or 
                stalking which must be undertaken during hours of 
                employment; and
            ``(16) the term `family member', used with respect to a 
        person, means an individual who is a spouse, domestic partner, 
        parent, son or daughter (including an adult son or daughter) of 
        that person;''.
    (c) Intermittent or Reduced Leave.--Section 6382(b) of title 5, 
United States Code, (as amended by section 154(b)) is further amended 
by adding at the end the following:
            ``(3) 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.''.
    (d) Other Leave.--Section 6382(d) of title 5, United States Code, 
(as amended by section 154(c)) is further amended by striking ``(C), or 
(D)'' and inserting ``(C), (D), (E), or (F)''.
    (e) Notice.--Section 6282(e) of title 5, United States Code, is 
amended by adding at the end the following:
            ``(3) In any case in which the necessity for leave under 
        subparagraph (F) or (G) of subsection (a)(1) is foreseeable 
        based on a scheduled appointment or planned activity to address 
        domestic violence, sexual assault, or stalking and their 
        effects, the employee shall provide such notice to the 
        employing agency as is reasonable and practicable.''.
    (f) Certification.--Section 6383 of title 5, United States Code, is 
amended 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 written certification. 
Certification under this subsection shall be sufficient if it 
includes--
            ``(1) documentation of the domestic violence, sexual 
        assault, or stalking, such as police or court records, or 
        documentation of the domestic violence, sexual assault, or 
        stalking from a shelter worker, attorney, clergy, or medical or 
        other professional from whom the employee or family member of 
        the employee has sought assistance in addressing domestic 
        violence, sexual assault, or stalking and their effects;
            ``(2) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        which provide the basis for the claim, or physical evidence of 
        domestic violence, sexual assault, or stalking, such as 
        photographs or torn or bloody clothes; or
            ``(3) at the election of the employee, where documentation 
        described in paragraph (1) and corroborating evidence described 
        in paragraph (2) is not available, a written statement 
        describing the domestic violence, sexual assault, or stalking 
        and their effects.''.
    (g) Confidentiality.--Section 6383 of title 5, United States Code, 
as amended by subsection (f), is amended--
            (1) in the section heading, by adding before the period the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(g) All evidence of domestic violence, sexual assault, or 
stalking provided to an employing agency under this subsection, 
including an employee's statement, any corroborating evidence, and the 
fact that an employee has requested leave for the purpose of addressing 
domestic violence, sexual assault, or stalking and their effects, shall 
be retained in the strictest confidence by the employing agency, except 
to the extent consented to by the employee where disclosure is 
necessary to--
            ``(1) protect the safety of the employee or family member 
        of the employee; or
            ``(2) assist in documenting domestic violence, sexual 
        assault, or stalking for a court or law enforcement agency.''.
    (h) 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. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS FOR LEAVE 
              FOR FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, (as 
amended by section 164) is further amended--
            (1) in paragraph (6), by inserting ``a child of an 
        individual's domestic partner,'' after ``a legal ward,''; and
            (2) by adding at the end the following:
            ``(17) the term `spouse' means a husband or wife, as the 
        case may be, and, notwithstanding section 7 of title I, United 
        States Code, includes a spouse of the same sex as the employee 
        as determined under applicable State law; and
            ``(18) the term `domestic partner' means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union laws of the State or political subdivision 
                of a State where the employee resides; or
                    ``(B) in the case of an unmarried employee who 
                resides in a State where a person cannot marry a person 
                of the same sex under the laws of the State, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate relationship with the 
                employee, is not a domestic partner to any other 
                person, and who is designated to the employing agency 
                by such employee as that employee's domestic 
                partner.''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is further amended--
            (1) in subsection (a)(1)(C), by striking ``spouse,'' both 
        places it appears and inserting ``spouse or domestic 
        partner,'';
            (2) in subsection (a)(3), by striking ``spouse,'' and 
        inserting ``spouse or domestic partner,''; and
            (3) in subsection (e)(2)(A), by inserting ``domestic 
        partner,'' after ``spouse,''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
further amended--
            (1) in subsection (a), by inserting ``domestic partner,'' 
        after ``spouse,''; and
            (2) in subsection (b)(4)(A), by inserting ``domestic 
        partner,'' after ``spouse,'' both places it appears.

                    Subtitle D--Healthy Families Act

SEC. 171. SHORT TITLE.

    This subtitle may be cited as the ``Healthy Families Act''.

SEC. 172. PURPOSES.

    The purposes of this subtitle are--
            (1) to ensure that all working Americans can address their 
        own health needs and the health needs of their families by 
        requiring employers to permit employees to earn up to 56 hours 
        of paid sick time including paid time for family care;
            (2) to diminish public and private health care costs by 
        enabling workers to seek early and routine medical care for 
        themselves and their family members;
            (3) to assist employees who are, or whose family members 
        are, victims of domestic violence, sexual assault, or stalking, 
        by providing the employees with paid time away from work to 
        allow the victims to receive treatment and to take the 
        necessary steps to ensure their protection;
            (4) to accomplish the purposes described in paragraphs (1) 
        through (3) in a manner that is feasible for employers; and
            (5) consistent with the provision of the 14th amendment to 
        the Constitution relating to equal protection of the laws, and 
        pursuant to Congress' power to enforce that provision under 
        section 5 of that amendment--
                    (A) to accomplish the purposes described in 
                paragraphs (1) through (3) in a manner that minimizes 
                the potential for employment discrimination on the 
                basis of sex by ensuring generally that paid sick time 
                is available for eligible medical reasons on a gender-
                neutral basis; and
                    (B) to promote the goal of equal employment 
                opportunity for women and men.

SEC. 173. DEFINITIONS.

    In this subtitle:
            (1) Child.--The term ``child'' means a biological, foster, 
        or adopted child, a stepchild, a legal ward, or a child of a 
        person standing in loco parentis, who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable of self-
                care because of a mental or physical disability.
            (2) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the 
        reference in such section to the term ``jurisdiction receiving 
        grant monies'' shall be deemed to mean the jurisdiction in 
        which the victim lives or the jurisdiction in which the 
        employer involved is located.
            (3) Employee.--The term ``employee'' means an individual 
        who is--
                    (A)(i) an employee, as defined in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)), who is not covered under subparagraph (E), 
                including such an employee of the Library of Congress, 
                except that a reference in such section to an employer 
                shall be considered to be a reference to an employer 
                described in clauses (i)(I) and (ii) of paragraph 
                (4)(A); or
                    (ii) an employee of the Government Accountability 
                Office;
            (B) a State employee described in section 304(a) of the 
        Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
        16c(a));
            (C) a covered employee, as defined in section 101 of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301), other 
        than an applicant for employment;
            (D) a covered employee, as defined in section 411(c) of 
        title 3, United States Code; or
            (E) a Federal officer or employee covered under subchapter 
        V of chapter 63 of title 5, United States Code.
            (4) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (B), who is not covered under 
                        subclause (V);
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991;
                            (III) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995;
                            (IV) an employing office, as defined in 
                        section 411(c) of title 3, United States Code; 
                        or
                            (V) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                            (ii) is engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government), as 
                        defined in subparagraph (B)(iii).
                    (B) Covered employer.--
                            (i) In general.--In subparagraph (A)(i)(I), 
                        the term ``covered employer''--
                                    (I) means any person engaged in 
                                commerce or in any industry or activity 
                                affecting commerce who employs 15 or 
                                more employees for each working day 
                                during each of 20 or more calendar 
                                workweeks in the current or preceding 
                                calendar year;
                                    (II) includes--
                                            (aa) any person who acts, 
                                        directly or indirectly, in the 
                                        interest of an employer to any 
                                        of the employees of such 
                                        employer; and
                                            (bb) any successor in 
                                        interest of an employer;
                                    (III) includes any ``public 
                                agency'', as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x)); and
                                    (IV) includes the Government 
                                Accountability Office and the Library 
                                of Congress.
                            (ii) Public agency.--For purposes of clause 
                        (i)(III), a public agency shall be considered 
                        to be a person engaged in commerce or in an 
                        industry or activity affecting commerce.
                            (iii) Definitions.--For purposes of this 
                        subparagraph:
                                    (I) Commerce.--The terms 
                                ``commerce'' and ``industry or activity 
                                affecting commerce'' mean any activity, 
                                business, or industry in commerce or in 
                                which a labor dispute would hinder or 
                                obstruct commerce or the free flow of 
                                commerce, and include ``commerce'' and 
                                any ``industry affecting commerce'', as 
                                defined in paragraphs (1) and (3) of 
                                section 501 of the Labor Management 
                                Relations Act, 1947 (29 U.S.C. 142 (1) 
                                and (3)).
                                    (II) Employee.--The term 
                                ``employee'' has the same meaning given 
                                such term in section 3(e) of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                203(e)).
                                    (III) Person.--The term ``person'' 
                                has the same meaning given such term in 
                                section 3(a) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                203(a)).
                    (C) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (5) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (6) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A)(i) is a doctor of medicine or osteopathy who is 
                authorized to practice medicine or surgery (as 
                appropriate) by the State in which the doctor 
                practices; or
                    (ii) is any other person determined by the 
                Secretary to be capable of providing health care 
                services; and
                    (B) is not employed by an employer for whom the 
                provider issues certification under this subtitle.
            (7) Paid sick time.--The term ``paid sick time'' means an 
        increment of compensated leave that can be earned by an 
        employee for use during an absence from employment for any of 
        the reasons described in paragraphs (1) through (4) of section 
        5(b).
            (8) Parent.--The term ``parent'' means a biological, 
        foster, or adoptive parent of an employee, a stepparent of an 
        employee, or a legal guardian or other person who stood in loco 
        parentis to an employee when the employee was a child.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)).
            (11) Spouse.--The term ``spouse'', with respect to an 
        employee, has the meaning given such term by the marriage laws 
        of the State in which the employee resides.
            (12) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002(a) of the Violence Against Women Act 
        of 1994 (42 U.S.C. 13925(a)).
            (13) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, sexual assault, or stalking or advocates for such 
        victims, including a rape crisis center, an organization 
        carrying out a domestic violence, sexual assault, or stalking 
        prevention or treatment program, an organization operating a 
        shelter or providing counseling services, or a legal services 
        organization or other organization providing assistance through 
        the legal process.

SEC. 174. PROVISION OF PAID SICK TIME.

    (a) Accrual of Paid Sick Time.--
            (1) In general.--An employer shall permit each employee 
        employed by the employer to earn not less than 1 hour of paid 
        sick time for every 30 hours worked, to be used as described in 
        subsection (b). An employer shall not be required to permit an 
        employee to earn, under this section, more than 56 hours of 
        paid sick time in a calendar year, unless the employer chooses 
        to set a higher limit.
            (2) Exempt employees.--
                    (A) In general.--Except as provided in paragraph 
                (3), for purposes of this section, an employee who is 
                exempt from overtime requirements under section 
                13(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 213(a)(1)) shall be assumed to work 40 hours in 
                each workweek.
                    (B) Shorter normal workweek.--If the normal 
                workweek of such an employee is less than 40 hours, the 
                employee shall earn paid sick time based upon that 
                normal work week.
            (3) Dates of accrual and use.--Employees shall begin to 
        earn paid sick time under this section at the commencement of 
        their employment. An employee shall be entitled to use the 
        earned paid sick time beginning on the 60th calendar day 
        following commencement of the employee's employment. After that 
        60th calendar day, the employee may use the paid sick time as 
        the time is earned. An employer may, at the discretion of the 
        employer, loan paid sick time to an employee in advance of the 
        earning of such time under this section by such employee.
            (4) Carryover.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paid sick time earned under this section shall 
                carry over from 1 calendar year to the next.
                    (B) Construction.--This subtitle shall not be 
                construed to require an employer to permit an employee 
                to accrue more than 56 hours of earned paid sick time 
                at a given time.
            (5) Employers with existing policies.--Any employer with a 
        paid leave policy who makes available an amount of paid leave 
        that is sufficient to meet the requirements of this section and 
        that may be used for the same purposes and under the same 
        conditions as the purposes and conditions outlined in 
        subsection (b) shall not be required to permit an employee to 
        earn additional paid sick time under this section.
            (6) Construction.--Nothing in this section shall be 
        construed as requiring financial or other reimbursement to an 
        employee from an employer upon the employee's termination, 
        resignation, retirement, or other separation from employment 
        for earned paid sick time that has not been used.
            (7) Reinstatement.--If an employee is separated from 
        employment with an employer and is rehired, within 12 months 
        after that separation, by the same employer, the employer shall 
        reinstate the employee's previously earned paid sick time. The 
        employee shall be entitled to use the earned paid sick time and 
        earn additional paid sick time at the recommencement of 
        employment with the employer.
            (8) Prohibition.--An employer may not require, as a 
        condition of providing paid sick time under this subtitle, that 
        the employee involved search for or find a replacement worker 
        to cover the hours during which the employee is using paid sick 
        time.
    (b) Uses.--Paid sick time earned under this section may be used by 
an employee for any of the following:
            (1) An absence resulting from a physical or mental illness, 
        injury, or medical condition of the employee.
            (2) An absence resulting from obtaining professional 
        medical diagnosis or care, or preventive medical care, for the 
        employee.
            (3) An absence for the purpose of caring for a child, a 
        parent, a spouse, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship, who--
                    (A) has any of the conditions or needs for 
                diagnosis or care described in paragraph (1) or (2); 
                and
                    (B) in the case of someone who is not a child, is 
                otherwise in need of care.
            (4) An absence resulting from domestic violence, sexual 
        assault, or stalking, if the time is to--
                    (A) seek medical attention for the employee or the 
                employee's child, parent, or spouse, or an individual 
                related to the employee as described in paragraph (3), 
                to recover from physical or psychological injury or 
                disability caused by domestic violence, sexual assault, 
                or stalking;
                    (B) obtain or assist a related person described in 
                paragraph (3) in obtaining services from a victim 
                services organization;
                    (C) obtain or assist a related person described in 
                paragraph (3) in obtaining psychological or other 
                counseling;
                    (D) seek relocation; or
                    (E) take legal action, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or resulting from domestic violence, sexual 
                assault, or stalking.
    (c) Scheduling.--An employee shall make a reasonable effort to 
schedule a period of paid sick time under this subtitle in a manner 
that does not unduly disrupt the operations of the employer.
    (d) Procedures.--
            (1) In general.--Paid sick time shall be provided upon the 
        oral or written request of an employee. Such request shall--
                    (A) include the expected duration of the period of 
                such time;
                    (B) in a case in which the need for such period of 
                time is foreseeable at least 7 days in advance of such 
                period, be provided at least 7 days in advance of such 
                period; and
                    (C) otherwise, be provided as soon as practicable 
                after the employee is aware of the need for such 
                period.
            (2) Certification in general.--
                    (A) Provision.--
                            (i) In general.--Subject to subparagraph 
                        (C), an employer may require that a request for 
                        paid sick time under this section for a purpose 
                        described in paragraph (1), (2), or (3) of 
                        subsection (b) be supported by a certification 
                        issued by the health care provider of the 
                        eligible employee or of an individual described 
                        in subsection (b)(3), as appropriate, if the 
                        period of such time covers more than 3 
                        consecutive workdays.
                            (ii) Timeliness.--The employee shall 
                        provide a copy of such certification to the 
                        employer in a timely manner, not later than 30 
                        days after the first day of the period of time. 
                        The employer shall not delay the commencement 
                        of the period of time on the basis that the 
                        employer has not yet received the 
                        certification.
                    (B) Sufficient certification.--
                            (i) In general.--A certification provided 
                        under subparagraph (A) shall be sufficient if 
                        it states--
                                    (I) the date on which the period of 
                                time will be needed;
                                    (II) the probable duration of the 
                                period of time;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                provider regarding the condition 
                                involved, subject to clause (ii); and
                                    (IV)(aa) for purposes of paid sick 
                                time under subsection (b)(1), a 
                                statement that absence from work is 
                                medically necessary;
                                    (bb) for purposes of such time 
                                under subsection (b)(2), the dates on 
                                which testing for a medical diagnosis 
                                or care is expected to be given and the 
                                duration of such testing or care; and
                                    (cc) for purposes of such time 
                                under subsection (b)(3), in the case of 
                                time to care for someone who is not a 
                                child, a statement that care is needed 
                                for an individual described in such 
                                subsection, and an estimate of the 
                                amount of time that such care is needed 
                                for such individual.
                            (ii) Limitation.--In issuing a 
                        certification under subparagraph (A), a health 
                        care provider shall make reasonable efforts to 
                        limit the medical facts described in clause 
                        (i)(III) that are disclosed in the 
                        certification to the minimum necessary to 
                        establish a need for the employee to utilize 
                        paid sick time.
                    (C) Regulations.--Regulations prescribed under 
                section 182 shall specify the manner in which an 
                employee who does not have health insurance shall 
                provide a certification for purposes of this paragraph.
                    (D) Confidentiality and nondisclosure.--
                            (i) Protected health information.--Nothing 
                        in this subtitle shall be construed to require 
                        a health care provider to disclose information 
                        in violation of section 1177 of the Social 
                        Security Act (42 U.S.C. 1320d-6) or the 
                        regulations promulgated pursuant to section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act of 1996 (42 U.S.C. 1320d-2 
                        note).
                            (ii) Health information records.--If an 
                        employer possesses health information about an 
                        employee or an employee's child, parent, spouse 
                        or other individual described in subsection 
                        (b)(3), such information shall--
                                    (I) be maintained on a separate 
                                form and in a separate file from other 
                                personnel information;
                                    (II) be treated as a confidential 
                                medical record; and
                                    (III) not be disclosed except to 
                                the affected employee or with the 
                                permission of the affected employee.
            (3) Certification in the case of domestic violence, sexual 
        assault, or stalking.--
                    (A) In general.--An employer may require that a 
                request for paid sick time under this section for a 
                purpose described in subsection (b)(4) be supported by 
                1 of the following forms of documentation:
                            (i) A police report indicating that the 
                        employee, or a member of the employee's family 
                        described in subsection (b)(4), was a victim of 
                        domestic violence, sexual assault, or stalking.
                            (ii) A court order protecting or separating 
                        the employee or a member of the employee's 
                        family described in subsection (b)(4) from the 
                        perpetrator of an act of domestic violence, 
                        sexual assault, or stalking, or other evidence 
                        from the court or prosecuting attorney that the 
                        employee or a member of the employee's family 
                        described in subsection (b)(4) has appeared in 
                        court or is scheduled to appear in court in a 
                        proceeding related to domestic violence, sexual 
                        assault, or stalking.
                            (iii) Other documentation signed by an 
                        employee or volunteer working for a victim 
                        services organization, an attorney, a police 
                        officer, a medical professional, a social 
                        worker, an antiviolence counselor, or a member 
                        of the clergy, affirming that the employee or a 
                        member of the employee's family described in 
                        subsection (b)(4) is a victim of domestic 
                        violence, sexual assault, or stalking.
                    (B) Requirements.--The requirements of paragraph 
                (2) shall apply to certifications under this paragraph, 
                except that--
                            (i) subclauses (III) and (IV) of 
                        subparagraph (B)(i) and subparagraph (B)(ii) of 
                        such paragraph shall not apply;
                            (ii) the certification shall state the 
                        reason that the leave is required with the 
                        facts to be disclosed limited to the minimum 
                        necessary to establish a need for the employee 
                        to be absent from work, and the employee shall 
                        not be required to explain the details of the 
                        domestic violence, sexual assault, or stalking 
                        involved; and
                            (iii) with respect to confidentiality under 
                        subparagraph (D) of such paragraph, any 
                        information provided to the employer under this 
                        paragraph shall be confidential, except to the 
                        extent that any disclosure of such information 
                        is--
                                    (I) requested or consented to in 
                                writing by the employee; or
                                    (II) otherwise required by 
                                applicable Federal or State law.

SEC. 175. POSTING REQUIREMENT.

    (a) In General.--Each employer shall post and keep posted a notice, 
to be prepared or approved in accordance with procedures specified in 
regulations prescribed under section 182, setting forth excerpts from, 
or summaries of, the pertinent provisions of this subtitle including--
            (1) information describing paid sick time available to 
        employees under this subtitle;
            (2) information pertaining to the filing of an action under 
        this subtitle;
            (3) the details of the notice requirement for a foreseeable 
        period of time under section 174(d)(1)(B); and
            (4) information that describes--
                    (A) the protections that an employee has in 
                exercising rights under this subtitle; and
                    (B) how the employee can contact the Secretary (or 
                other appropriate authority as described in section 
                177) if any of the rights are violated.
    (b) Location.--The notice described under subsection (a) shall be 
posted--
            (1) in conspicuous places on the premises of the employer, 
        where notices to employees (including applicants) are 
        customarily posted; or
            (2) in employee handbooks.
    (c) Violation; Penalty.--Any employer who willfully violates the 
posting requirements of this section shall be subject to a civil fine 
in an amount not to exceed $100 for each separate offense.

SEC. 176. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the exercise of, 
        or the attempt to exercise, any right provided under this 
        subtitle, including--
                    (A) discharging or discriminating against 
                (including retaliating against) any individual, 
                including a job applicant, for exercising, or 
                attempting to exercise, any right provided under this 
                subtitle;
                    (B) using the taking of paid sick time under this 
                subtitle as a negative factor in an employment action, 
                such as hiring, promotion, or a disciplinary action; or
                    (C) counting the paid sick time under a no-fault 
                attendance policy or any other absence control policy.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against 
        (including retaliating against) any individual, including a job 
        applicant, for opposing any practice made unlawful by this 
        subtitle.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against (including retaliating against) any individual, 
including a job applicant, because such individual--
            (1) has filed an action, or has instituted or caused to be 
        instituted any proceeding, under or related to this subtitle;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this subtitle; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this 
        subtitle.
    (c) Construction.--Nothing in this section shall be construed to 
state or imply that the scope of the activities prohibited by section 
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is 
less than the scope of the activities prohibited by this section.

SEC. 177. ENFORCEMENT AUTHORITY.

    (a) In General.--
            (1) Definitions.--In this subsection:
                    (A) the term ``employee'' means an employee 
                described in subparagraph (A) or (B) of section 173(3); 
                and
                    (B) the term ``employer'' means an employer 
                described in subclause (I) or (II) of section 
                173(4)(A)(i).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this subtitle, or any regulation or order 
                issued under this subtitle, the Secretary shall have, 
                subject to subparagraph (C), the investigative 
                authority provided under section 11(a) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
                respect to employers, employees, and other individuals 
                affected.
                    (B) Obligation to keep and preserve records.--An 
                employer shall make, keep, and preserve records 
                pertaining to compliance with this subtitle in 
                accordance with section 11(c) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 211(c)) and in 
                accordance with regulations prescribed by the 
                Secretary.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require, under 
                the authority of this paragraph, an employer to submit 
                to the Secretary any books or records more than once 
                during any 12-month period, unless the Secretary has 
                reasonable cause to believe there may exist a violation 
                of this subtitle or any regulation or order issued 
                pursuant to this subtitle, or is investigating a charge 
                pursuant to paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation provided for in this paragraph, the 
                Secretary shall have the subpoena authority provided 
                for under section 9 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 209).
            (3) Civil action by employees or individuals.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (B) may be maintained against any employer in any 
                Federal or State court of competent jurisdiction by one 
                or more employees or individuals or their 
                representative for and on behalf of--
                            (i) the employees or individuals; or
                            (ii) the employees or individuals and 
                        others similarly situated.
                    (B) Liability.--Any employer who violates section 
                176 (including a violation relating to rights provided 
                under section 174) shall be liable to any employee or 
                individual affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost by 
                                        reason of the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost, 
                                        any actual monetary losses 
                                        sustained as a direct result of 
                                        the violation up to a sum equal 
                                        to 56 hours of wages or salary 
                                        for the employee or individual;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages; and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (C) Fees and costs.--The court in an action under 
                this paragraph shall, in addition to any judgment 
                awarded to the plaintiff, allow a reasonable attorney's 
                fee, reasonable expert witness fees, and other costs of 
                the action to be paid by the defendant.
            (4) Action by the secretary.--
                    (A) Administrative action.--The Secretary shall 
                receive, investigate, and attempt to resolve complaints 
                of violations of section 176 (including a violation 
                relating to rights provided under section 174) in the 
                same manner that the Secretary receives, investigates, 
                and attempts to resolve complaints of violations of 
                sections 6 and 7 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206 and 207).
                    (B) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (3)(B)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to subparagraph (B) shall be held in 
                a special deposit account and shall be paid, on order 
                of the Secretary, directly to each employee or 
                individual affected. Any such sums not paid to an 
                employee or individual affected because of inability to 
                do so within a period of 3 years shall be deposited 
                into the Treasury of the United States as miscellaneous 
                receipts.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of section 176 
                (including a willful violation relating to rights 
                provided under section 174), such action may be brought 
                within 3 years of the date of the last event 
                constituting the alleged violation for which such 
                action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph, it shall be considered to 
                be commenced on the date when the complaint is filed.
            (6) Action for injunction by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of section 176 
                (including a violation relating to rights provided 
                under section 174), including the restraint of any 
                withholding of payment of wages, salary, employment 
                benefits, or other compensation, plus interest, found 
                by the court to be due to employees or individuals 
                eligible under this subtitle; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) Government accountability office and library of 
        congress.--Notwithstanding any other provision of this 
        subsection, in the case of the Government Accountability Office 
        and the Library of Congress, the authority of the Secretary of 
        Labor under this subsection shall be exercised respectively by 
        the Comptroller General of the United States and the Librarian 
        of Congress.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this subtitle 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this subtitle against an employee described in 
section 173(3)(C).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this subtitle provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this subtitle against an employee described in section 173(3)(D).
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this subtitle provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against an employee 
described in section 173(3)(E).
    (e) Remedies for State Employees.--
            (1) Waiver of sovereign immunity.--A State's receipt or use 
        of Federal financial assistance for any program or activity of 
        a State shall constitute a waiver of sovereign immunity, under 
        the 11th amendment to the Constitution or otherwise, to a suit 
        brought by an employee of that program or activity under this 
        subtitle for equitable, legal, or other relief authorized under 
        this subtitle.
            (2) Official capacity.--An official of a State may be sued 
        in the official capacity of the official by any employee who 
        has complied with the procedures under subsection (a)(3), for 
        injunctive relief that is authorized under this subtitle. In 
        such a suit the court may award to the prevailing party those 
        costs authorized by section 722 of the Revised Statutes (42 
        U.S.C. 1988).
            (3) Applicability.--With respect to a particular program or 
        activity, paragraph (1) applies to conduct occurring on or 
        after the day, after the date of enactment of this subtitle, on 
        which a State first receives or uses Federal financial 
        assistance for that program or activity.
            (4) Definition of program or activity.--In this subsection, 
        the term ``program or activity'' has the meaning given the term 
        in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a).

SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.

    (a) Compilation of Information.--Effective 90 days after the date 
of enactment of this subtitle, the Commissioner of Labor Statistics 
shall annually compile information on the following:
            (1) The number of employees who used paid sick time.
            (2) The number of hours of paid sick time used.
            (3) The number of employees who used paid sick time for 
        absences necessary due to domestic violence, sexual assault, or 
        stalking.
            (4) The demographic characteristics of employees who were 
        eligible for and who used paid sick time.
    (b) GAO Study.--
            (1) In general.--The Comptroller General of the United 
        States shall annually conduct a study to determine the 
        following:
                    (A)(i) The number of days employees used paid sick 
                time and the reasons for the use.
                    (ii) The number of employees who used the paid sick 
                time for periods of time covering more than 3 
                consecutive workdays.
                    (B) The cost and benefits to employers of 
                implementing the paid sick time policies.
                    (C) The cost to employees of providing 
                certification to obtain the paid sick time.
                    (D) The benefits of the paid sick time to employees 
                and their family members, including effects on 
                employees' ability to care for their family members or 
                to provide for their own health needs.
                    (E) Whether the paid sick time affected employees' 
                ability to sustain an adequate income while meeting 
                needs of the employees and their family members.
                    (F) Whether employers who administered paid sick 
                time policies prior to the date of enactment of this 
                subtitle were affected by the provisions of this 
                subtitle.
                    (G) Whether other types of leave were affected by 
                this subtitle.
                    (H) Whether paid sick time affected retention and 
                turnover and costs of presenteeism.
                    (I) Whether the paid sick time increased the use of 
                less costly preventive medical care and lowered the use 
                of emergency room care.
                    (J) Whether the paid sick time reduced the number 
                of children sent to school when the children were sick.
            (2) Aggregating data.--The data collected under 
        subparagraphs (A) and (D) of paragraph (1) shall be aggregated 
        by gender, race, disability, earnings level, age, marital 
        status, family type, including parental status, and industry.
            (3) Reports.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this subtitle, the Comptroller 
                General of the United States shall prepare and submit a 
                report to the appropriate committees of Congress 
                concerning the results of the study conducted pursuant 
                to paragraph (1) and the data aggregated under 
                paragraph (2).
                    (B) Followup report.--Not later than 5 years after 
                the date of enactment of this subtitle, the Comptroller 
                General of the United States shall prepare and submit a 
                followup report to the appropriate committees of 
                Congress concerning the results of the study conducted 
                pursuant to paragraph (1) and the data aggregated under 
                paragraph (2).

SEC. 179. EFFECT ON OTHER LAWS.

    (a) Federal and State Antidiscrimination Laws.--Nothing in this 
subtitle shall be construed to modify or affect any Federal or State 
law prohibiting discrimination on the basis of race, religion, color, 
national origin, sex, age, or disability.
    (b) State and Local Laws.--Nothing in this subtitle shall be 
construed to supersede (including preempting) any provision of any 
State or local law that provides greater paid sick time or leave rights 
(including greater paid sick time or leave, or greater coverage of 
those eligible for paid sick time or leave) than the rights established 
under this subtitle.

SEC. 180. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

    (a) More Protective.--Nothing in this subtitle shall be construed 
to diminish the obligation of an employer to comply with any contract, 
collective bargaining agreement, or any employment benefit program or 
plan that provides greater paid sick leave or other leave rights to 
employees or individuals than the rights established under this 
subtitle.
    (b) Less Protective.--The rights established for employees under 
this subtitle shall not be diminished by any contract, collective 
bargaining agreement, or any employment benefit program or plan.

SEC. 181. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

    Nothing in this subtitle shall be construed to discourage employers 
from adopting or retaining leave policies more generous than policies 
that comply with the requirements of this subtitle.

SEC. 182. REGULATIONS.

    (a) In General.--
            (1) Authority.--Except as provided in paragraph (2), not 
        later than 180 days after the date of enactment of this 
        subtitle, the Secretary shall prescribe such regulations as are 
        necessary to carry out this subtitle with respect to employees 
        described in subparagraph (A) or (B) of section 173(3) and 
        other individuals affected by employers described in subclause 
        (I) or (II) of section 173(4)(A)(i).
            (2) Government accountability office; library of 
        congress.--The Comptroller General of the United States and the 
        Librarian of Congress shall prescribe the regulations with 
        respect to employees of the Government Accountability Office 
        and the Library of Congress, respectively and other individuals 
        affected by the Comptroller General of the United States and 
        the Librarian of Congress, respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this subtitle, the Board of Directors of the 
        Office of Compliance shall prescribe (in accordance with 
        section 304 of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1384)) such regulations as are necessary to carry out 
        this subtitle with respect to employees described in section 
        173(3)(C) and other individuals affected by employers described 
        in section 173(4)(A)(i)(III).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this subtitle except 
        insofar as the Board may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this subtitle, the President (or the designee of 
        the President) shall prescribe such regulations as are 
        necessary to carry out this subtitle with respect to employees 
        described in section 173(3)(D) and other individuals affected 
        by employers described in section 173(4)(A)(i)(IV).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this subtitle except 
        insofar as the President (or designee) may determine, for good 
        cause shown and stated together with the regulations prescribed 
        under paragraph (1), that a modification of such regulations 
        would be more effective for the implementation of the rights 
        and protections involved under this section.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this subtitle, the Director of the Office of 
        Personnel Management shall prescribe such regulations as are 
        necessary to carry out this subtitle with respect to employees 
        described in section 173(3)(E) and other individuals affected 
        by employers described in section 173(4)(A)(i)(V).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this subtitle except 
        insofar as the Director may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.

SEC. 183. EFFECTIVE DATES.

    (a) Effective Date.--This subtitle shall take effect 6 months after 
the date of issuance of regulations under section 182(a)(1).
    (b) Collective Bargaining Agreements.--In the case of a collective 
bargaining agreement in effect on the effective date prescribed by 
subsection (a), this subtitle shall take effect on the earlier of--
            (1) the date of the termination of such agreement; or
            (2) the date that occurs 18 months after the date of 
        issuance of regulations under section 182(a)(1).

             TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT

                  Subtitle A--Care for Young Children

SEC. 201. EXPANDING CHILD CARE FOR YOUNG CHILDREN.

    (a) Goals.--Section 658A(b) of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9801 note) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) to assist States in improving child care services for 
        young children.''.
    (b) Authorization of Appropriations.--Section 658B of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is 
amended--
            (1) by striking ``There'' and inserting ``(a) In General.--
        There''; and
    (2) by adding at the end the following:
    ``(b) Child Care Activities for Young Children.--In addition to 
amounts appropriated under subsection (a), there is authorized to be 
appropriated to carry out child care activities for young children 
under this subchapter $500,000,000 for each of the fiscal years 2012, 
2013, and 2014.''.
    (c) Child Care Activities for Young Children.--The Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) is amended 
by inserting after section 658G the following:

``SEC. 658H. CHILD CARE ACTIVITIES FOR YOUNG CHILDREN.

    ``Child care activities for young children for which funds under 
this subchapter may be used include activities that are designed to 
accomplish the following:
            ``(1) Increase the availability of child care services for 
        young children with disabilities.
            ``(2) Provide support services for networks of family child 
        care providers.
            ``(3) Provide or support programs that provide training, 
        services, materials, equipment, or other support to caregivers, 
        eligible child care providers, and family child care providers 
        that provide child care to young children. Such support may 
        include the purchase of equipment such as cribs and high 
        chairs.
            ``(4) Provide funds to increase compensation offered and 
        provide bonuses to caregivers, eligible child care providers, 
        and family child care providers who provide child care to 
        children under the age of 3 years, especially those caregivers 
        and providers who have formal education in early childhood 
        development.
            ``(5) Provide and support networks between health care 
        providers and caregivers, eligible child care providers, and 
        family child care providers that provide child care to young 
        children.
            ``(6) Provide child care services for young children who 
        are enrolled in Head Start programs under the Head Start Act 
        (42 U.S.C. 9831 et seq.).''.
    (d) Definitions.--Section 658P of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended by adding at the 
end the following:
            ``(15) Young children.--The term `young children' means 
        eligible children who are less than 3 years of age.''.

  Subtitle B--Improving Child Care Quality Through Teacher Incentives

SEC. 211. PURPOSE.

    The purposes of this subtitle are--
            (1) to establish the Child Care Provider Development and 
        Retention Grant Program, the Child Care Provider Scholarship 
        Program, and a program of child care provider health benefits 
        coverage; and
            (2) to help children receive the high-quality child care 
        and early education the children need for positive cognitive 
        and social development, by rewarding and promoting the 
        retention of committed, qualified child care providers and by 
        providing financial assistance to improve the educational 
        qualifications of child care providers.

SEC. 212. DEFINITIONS.

    In this subtitle:
            (1) Child care provider.--The term ``child care provider'' 
        means an individual who provides a service directly to a child 
        on a person-to-person basis for compensation for--
                    (A) a center-based child care provider that is 
                licensed or regulated under State or local law and that 
                satisfies the State and local requirements applicable 
                to the child care services provided;
                    (B) a licensed or regulated family child care 
                provider that satisfies the State and local 
                requirements applicable to the child care services 
                provided; or
                    (C) an out-of-school time program that is licensed 
                or regulated under State or local law and that 
                satisfies the State and local requirements applicable 
                to the child care services provided.
            (2) Family child care provider.--The term ``family child 
        care provider'' has the meaning given such term in section 658P 
        of the Child Care and Development Block Grant Act of 1990 (42 
        U.S.C. 9858n).
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Lead agency.--The term ``lead agency'' means the agency 
        designated under section 658D of the Child Care and Development 
        Block Grant Act of 1990 (42 U.S.C. 9858b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) State.--The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands of the United States, Guam, American 
        Samoa, or the Commonwealth of the Northern Mariana Islands.
            (7) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 213. FUNDS FOR CHILD CARE PROVIDER DEVELOPMENT AND RETENTION 
              GRANTS, SCHOLARSHIPS, AND HEALTH BENEFITS COVERAGE.

    (a) In General.--From amounts appropriated to carry out this 
subtitle, the Secretary may allot and distribute funds to eligible 
States, and make payments to Indian tribes and tribal organizations, to 
pay for the Federal share of the cost of carrying out activities under 
sections 216, 217, and 218 for eligible child care providers.
    (b) Allotments.--The funds shall be allotted and distributed, and 
the payments shall be made, by the Secretary in accordance with section 
214, and expended by the States (directly, or at the option of the 
States, through units of general purpose local government), and by 
Indian tribes and tribal organizations, in accordance with this 
subtitle.

SEC. 214. ALLOTMENTS TO STATES.

    (a) Amounts Reserved.--
            (1) Territories and possessions.--The Secretary shall 
        reserve not more than \1/2\ of 1 percent of the funds 
        appropriated under section 221(a), and not more than \1/2\ of 1 
        percent of the funds appropriated under section 222(b), for any 
        fiscal year for payments to the Virgin Islands of the United 
        States, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, to be allotted in accordance with 
        their respective needs.
            (2) Indian tribes and tribal organizations.--The Secretary 
        shall reserve not more than 3 percent of the funds appropriated 
        under section 221(a), and not more than 3 percent of the funds 
        appropriated under section 221(b), for any fiscal year for 
        payments to Indian tribes and tribal organizations with 
        applications approved under subsection (c).
    (b) Allotments to Remaining States.--
            (1) General authority.--From the funds appropriated under 
        section 221(a) for any fiscal year and remaining after the 
        reservations made under subsection (a), and from the funds 
        appropriated under section 221(b) for any fiscal year and 
        remaining after the reservations made under subsection (a), the 
        Secretary shall allot to each State an amount equal to the sum 
        of--
                    (A) an amount that bears the same ratio to 50 
                percent of the appropriate remainder as the product of 
                the young child factor of the State and the allotment 
                percentage of the State bears to the sum of the 
                corresponding products for all States; and
                    (B) an amount that bears the same ratio to 50 
                percent of such remainder as the product of the school 
                lunch factor of the State and the allotment percentage 
                of the State bears to the sum of the corresponding 
                products for all States.
            (2) Young child factor.--In this subsection, the term 
        ``young child factor'' means the ratio of the number of 
        children under 5 years of age in the State to the number of 
        such children in all the States, as determined according to the 
        most recent annual estimates of population in the States, as 
        provided by the Bureau of the Census.
            (3) School lunch factor.--In this subsection, the term 
        ``school lunch factor'' means the ratio of the number of 
        children who are receiving free or reduced price lunches under 
        the school lunch program established under the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et seq.) in 
        the State to the number of such children in all the States, as 
        determined annually by the Department of Agriculture.
            (4) Allotment percentage.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for purposes of this subsection, the allotment 
                percentage for a State shall be determined by dividing 
                the per capita income of all individuals in the United 
                States, by the per capita income of all individuals in 
                the State.
                    (B) Limitations.--For purposes of this subsection, 
                if an allotment percentage determined under 
                subparagraph (A)--
                            (i) is more than 1.2 percent, the allotment 
                        percentage of that State shall be considered to 
                        be 1.2 percent; and
                            (ii) is less than 0.8 percent, the 
                        allotment percentage of the State shall be 
                        considered to be 0.8 percent.
                    (C) Per capita income.--For purposes of 
                subparagraph (A), per capita income shall be--
                            (i) determined at 2-year intervals;
                            (ii) applied for the 2-year period 
                        beginning on October 1 of the first fiscal year 
                        beginning after the date such determination is 
                        made; and
                            (iii) equal to the average of the annual 
                        per capita incomes for the most recent period 
                        of 3 consecutive years for which satisfactory 
                        data are available from the Department of 
                        Commerce at the time such determination is 
                        made.
    (c) Payments to Indian Tribes and Tribal Organizations.--
            (1) Reservation of funds.--From amounts reserved under 
        subsection (a)(2), the Secretary may make grants to or enter 
        into contracts with Indian tribes and tribal organizations that 
        submit applications under this subsection, to plan and carry 
        out programs and activities--
                    (A) to encourage child care providers to improve 
                their qualifications;
                    (B) to retain qualified child care providers in the 
                child care field; and
                    (C) to provide health benefits coverage for child 
                care providers.
            (2) Applications and requirements.--To be eligible to 
        receive a grant or contract under this subsection, an Indian 
        tribe or tribal organization shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require. The application shall 
        provide that the applicant--
                    (A) will coordinate the programs and activities 
                involved, to the maximum extent practicable, with the 
                lead agency in each State in which the applicant will 
                carry out such programs and activities; and
                    (B) will make such reports on, and conduct such 
                audits of the funds made available through the grant or 
                contract for, programs and activities under this 
                subtitle as the Secretary may require.
    (d) Data and Information.--The Secretary shall obtain from each 
appropriate Federal agency, the most recent data and information 
necessary to determine the allotments provided for in subsection (b).
    (e) Reallotments.--
            (1) In general.--Any portion of an allotment under 
        subsection (b) to a State for a fiscal year that the Secretary 
        determines will not be distributed to the State for such fiscal 
        year shall be reallotted by the Secretary to other States in 
        proportion to the original corresponding allotments made under 
        such subsection to such States for such fiscal year.
            (2) Limitations.--
                    (A) Reduction.--The amount of any reallotment to 
                which a State is entitled under this subsection shall 
                be reduced to the extent that such amount exceeds the 
                amount that the Secretary estimates will be distributed 
                to the State to carry out corresponding activities 
                under this subtitle.
                    (B) Reallotments.--The amount of such reduction 
                shall be reallotted to States for which no reduction in 
                a corresponding allotment, or in a corresponding 
                reallotment, is required by this subsection, in 
                proportion to the original corresponding allotments 
                made under subsection (b) to such States for such 
                fiscal year.
            (3) Amounts reallotted.--For purposes of this subtitle 
        (other than this subsection and subsection (b)), any amount 
        reallotted to a State under this subsection shall be considered 
        to be part of the corresponding allotment made under subsection 
        (b) to the State.
            (4) Indian tribes or tribal organizations.--Any portion of 
        a grant or contract made to an Indian tribe or tribal 
        organization under subsection (c) that the Secretary determines 
        is not being used in a manner consistent with the provisions of 
        this subtitle in the period for which the grant or contract is 
        made available, shall be used by the Secretary to make payments 
        to other tribes or organizations that have submitted 
        applications under subsection (c) in accordance with their 
        respective needs.
    (f) Cost-Sharing.--
            (1) Child care provider development and retention grants 
        and scholarships.--
                    (A) Federal share.--The Federal share of the cost 
                of carrying out activities under sections 216 and 217, 
                with funds allotted under this section and distributed 
                by the Secretary to a State, shall be--
                            (i) not more than 90 percent of the cost of 
                        each grant made under such sections, in the 
                        first fiscal year for which the State receives 
                        such funds;
                            (ii) not more than 85 percent of the cost 
                        of each grant made under such sections, in the 
                        second fiscal year for which the State receives 
                        such funds;
                            (iii) not more than 80 percent of the cost 
                        of each grant made under such sections, in the 
                        third fiscal year for which the State receives 
                        such funds; and
                            (iv) not more than 75 percent of the cost 
                        of each grant made under such sections, in any 
                        subsequent fiscal year for which the State 
                        receives such funds.
                    (B) Non-federal share.--
                            (i) In general.--The State may provide the 
                        non-Federal share of the cost in cash or in the 
                        form of an in-kind contribution, fairly 
                        evaluated by the Secretary.
                            (ii) In-kind contribution.--In this 
                        subparagraph, the term ``in-kind contribution'' 
                        means payment of the costs of participation of 
                        eligible child care providers in health 
                        insurance programs or retirement programs.
            (2) Child care provider health benefits coverage.--
                    (A) Federal share.--The Federal share of the cost 
                of carrying out activities under section 218, with 
                funds allotted under this section and distributed by 
                the Secretary to a State, shall be not more than 50 
                percent of such cost.
                    (B) Non-federal share.--The State may provide the 
                non-Federal share of the cost in cash or in kind, 
                fairly evaluated by the Secretary, including plant, 
                equipment, or services. The State shall provide the 
                non-Federal share directly or through donations from 
                public or private entities. Amounts provided by the 
                Federal Government, or services assisted or subsidized 
                to any significant extent by the Federal Government, 
                may not be included in determining the amount of such 
                share.
    (g) Availability of Allotted Funds Distributed to States.--Of the 
funds allotted under this section for activities described in sections 
216 and 217 and distributed by the Secretary to a State for a fiscal 
year--
            (1) not less than 67.5 percent shall be available to the 
        State for grants under section 216;
            (2) not less than 22.5 percent shall be available to the 
        State for grants under section 217; and
            (3) not more than 10 percent shall be available to pay 
        administrative costs incurred by the State to carry out 
        activities described in sections 216 and 217.
    (h) Definition.--For the purposes of subsections (a) through (e), 
the term ``State'' includes only the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico.

SEC. 215. APPLICATION AND PLAN.

    (a) Application.--To be eligible to receive a distribution of funds 
allotted under section 214, a State shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require by rule and shall include in 
such application--
            (1) a State plan that satisfies the requirements of 
        subsection (b); and
            (2) assurances of compliance satisfactory to the Secretary 
        with respect to the requirements of section 218.
    (b) Requirements of Plan.--
            (1) Lead agency.--The State plan shall identify the lead 
        agency to make grants under this subtitle for the State.
            (2) Recruitment and retention of child care providers.--The 
        State plan shall describe how the lead agency will encourage 
        both the recruitment of qualified child care providers who are 
        new to the child care field and the retention of qualified 
        child care providers who have a demonstrated commitment to the 
        child care field.
            (3) Notification of availability of grants and benefits.--
        The State plan shall describe how the lead agency will identify 
        all eligible child care providers in the State and notify the 
        providers of the availability of grants and benefits under this 
        subtitle.
            (4) Distribution of grants.--The State plan shall describe 
        how the lead agency will make grants under sections 216 and 217 
        to eligible child care providers in selected geographical areas 
        in the State in compliance with the following requirements:
                    (A) Selection of geographical areas.--For the 
                purpose of making such grants for a fiscal year, the 
                State shall--
                            (i) select a variety of geographical areas, 
                        determined by the State, that, collectively--
                                    (I) include urban areas, suburban 
                                areas, and rural areas; and
                                    (II) are areas whose residents have 
                                diverse income levels; and
                            (ii) give special consideration to 
                        geographical areas selected under this 
                        subparagraph for the preceding fiscal year.
                    (B) Selection of child care providers to receive 
                grants.--In making grants under section 216, the State 
                may make grants only to eligible child care providers 
                in geographical areas selected under subparagraph (A), 
                but may give special consideration in such areas to 
                eligible child care providers--
                            (i) who have attained a higher relevant 
                        educational credential;
                            (ii) who provide a specific kind of child 
                        care services;
                            (iii) who provide child care services to 
                        populations who meet specific economic 
                        characteristics; or
                            (iv) who meet such other criteria as the 
                        State may establish.
                    (C) Limitation.--The State shall describe how the 
                State will ensure that grants made under section 216 to 
                child care providers will not be used to offset 
                reductions in the compensation of such providers.
                    (D) Reporting requirement.--With respect to each 
                particular geographical area selected under 
                subparagraph (A), the State shall provide an assurance 
                that the State will, for each fiscal year for which 
                such State receives a grant under section 216--
                            (i) include in the report required by 
                        section 219, detailed information regarding--
                                    (I) the continuity of employment of 
                                the grant recipients as child care 
                                providers with the same employer;
                                    (II) with respect to each employer 
                                that employed such a grant recipient, 
                                whether such employer was accredited by 
                                a recognized national or State 
                                accrediting body during the period of 
                                employment; and
                                    (III) to the extent practicable and 
                                available to the State, the rate and 
                                frequency of employment turnover of 
                                qualified child care providers 
                                throughout such area,
                        during the 2-year period ending on the deadline 
                        for submission of applications for grants under 
                        section 216 for that fiscal year; and
                            (ii) provide a follow-up report, not later 
                        than 90 days after the end of the succeeding 
                        fiscal year that includes information 
                        regarding--
                                    (I) the continuity of employment of 
                                the grant recipients as child care 
                                providers with the same employer;
                                    (II) with respect to each employer 
                                that employed such a grant recipient, 
                                whether such employer was accredited by 
                                a recognized national or State 
                                accrediting body during the period of 
                                employment; and
                                    (III) to the extent practicable and 
                                available to the State, detailed 
                                information regarding the rate and 
                                frequency of employment turnover of 
                                qualified child care providers 
                                throughout such area,
                        during the 1-year period beginning on the date 
                        on which the grant to the State was made under 
                        section 216.
            (5) Child care provider development and retention grant 
        program.--The State plan shall describe how the lead agency 
        will determine the amounts of grants to be made under section 
        216 in accordance with the following requirements:
                    (A) Sufficient amounts.--The State shall 
                demonstrate that the amounts of individual grants to be 
                made under section 216 will be sufficient--
                            (i) to encourage child care providers to 
                        improve their qualifications; and
                            (ii) to retain qualified child care 
                        providers in the child care field.
                    (B) Amounts to credentialed providers.--Such grants 
                made to eligible child care providers who have a child 
                development associate credential (or equivalent) and 
                who are employed full-time to provide child care 
                services shall be in an amount that is not less than 
                $1,000 per year.
                    (C) Amounts to providers with higher levels of 
                education.--The State shall make such grants in amounts 
                greater than $1,000 per year to eligible child care 
                providers who have higher levels of education than the 
                education required for a credential such as a child 
                development associate credential (or equivalent), 
                according to the following requirements:
                            (i) Providers with baccalaureate degrees in 
                        relevant fields.--An eligible child care 
                        provider who has a baccalaureate degree in the 
                        area of child development or early child 
                        education shall receive a grant under section 
                        216 in an amount that is not less than twice 
                        the amount of the grant that is made under 
                        section 216 to an eligible child care provider 
                        who has an associate of the arts degree in the 
                        area of child development or early child 
                        education.
                            (ii) Providers with associate degrees.--An 
                        eligible child care provider who has an 
                        associate of the arts degree in the area of 
                        child development or early child education 
                        shall receive a grant under section 216 in an 
                        amount that is not less than 150 percent of the 
                        amount of the grant that is made under section 
                        216 to an eligible child care provider who has 
                        a child development associate credential (or 
                        equivalent) and is employed full-time to 
                        provide child care services.
                            (iii) Other providers with baccalaureate 
                        degrees.--
                                    (I) In general.--Except as provided 
                                in subclause (II), an eligible child 
                                care provider who has a baccalaureate 
                                degree in a field other than child 
                                development or early child education 
                                shall receive a grant under section 216 
                                in an amount equal to the amount of the 
                                grant that is made under section 216 to 
                                an eligible child care provider who has 
                                an associate of the arts degree in the 
                                area of child development or early 
                                child education.
                                    (II) Exception.--If an eligible 
                                child care provider who has such a 
                                baccalaureate degree obtains additional 
                                educational training in the area of 
                                child development or early child 
                                education, as specified by the State, 
                                such provider shall receive a grant 
                                under section 216 in an amount equal to 
                                the amount of the grant that is made 
                                under section 216 to an eligible child 
                                care provider who has a baccalaureate 
                                degree specified in clause (i).
                    (D) Amounts to full-time providers.--The State 
                shall make a grant under section 216 to an eligible 
                child care provider who works full-time in a greater 
                amount than the amount of the grant that is made under 
                section 216 to an eligible child care provider who 
                works part-time, based on the State definitions of 
                full-time and part-time work.
                    (E) Amounts to experienced providers.--The State 
                shall make grants under section 216 in progressively 
                larger amounts to eligible child care providers to 
                reflect the number of years worked as child care 
                providers.
            (6) Distribution of child care provider scholarships.--The 
        State plan shall describe how the lead agency will make grants 
        for scholarships in compliance with section 217 and shall 
        specify the types of educational and training programs for 
        which the scholarship grants made under such section may be 
        used, including only programs that--
                    (A) are administered by institutions of higher 
                education that are eligible to participate in student 
                financial assistance programs under title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); 
                and
                    (B) lead to a State or nationally recognized 
                credential in the area of child development or early 
                child education, an associate of the arts degree in the 
                area of child development or early child education, or 
                a baccalaureate degree in the area of child development 
                or early child education.
            (7) Employer contribution.--The State plan shall describe 
        how the lead agency will encourage employers of child care 
        providers to contribute to the attainment of education goals by 
        eligible child care providers who receive grants under section 
        217.
            (8) Supplementation.--The State plan shall provide 
        assurances that amounts received by the State to carry out 
        sections 216, 217, and 218 will be used only to supplement, and 
        not to supplant, Federal, State, and local funds otherwise 
        available to support existing services and activities (as of 
        the date the amounts are used) that--
                    (A) encourage child care providers to improve their 
                qualifications and that promote the retention of 
                qualified child care providers in the child care field; 
                or
                    (B) provide health benefits coverage for child care 
                providers.

SEC. 216. CHILD CARE PROVIDER DEVELOPMENT AND RETENTION GRANT PROGRAM.

    (a) In General.--A State that receives funds allotted under section 
214 and made available to carry out this section shall expend such 
funds to pay for the Federal share of the cost of making grants to 
eligible child care providers in accordance with this section, to 
improve the qualifications and promote the retention of qualified child 
care providers.
    (b) Eligibility To Receive Grants.--To be eligible to receive a 
grant under this section, a child care provider shall--
            (1) have a child development associate credential (or 
        equivalent), an associate of the arts degree in the area of 
        child development or early child education, a baccalaureate 
        degree in the area of child development or early child 
        education, or a baccalaureate degree in an unrelated field; and
            (2) be employed as a child care provider for not less than 
        1 calendar year, or (if the provider is employed on the date of 
        the eligibility determination in a child care program that 
        operates for less than a full calendar year) the program 
        equivalent of 1 calendar year, ending on the date of the 
        application for such grant, except that not more than 3 months 
        of education related to child development or to early child 
        education obtained during the corresponding calendar year may 
        be treated as employment that satisfies the requirements of 
        this paragraph.
    (c) Preservation of Eligibility.--A State shall not take into 
consideration whether a child care provider is receiving, may receive, 
or may be eligible to receive any funds or benefits under any other 
provision of this subtitle for purposes of selecting eligible child 
care providers to receive grants under this section.

SEC. 217. CHILD CARE PROVIDER SCHOLARSHIP PROGRAM.

    (a) In General.--A State that receives funds allotted under section 
214 and made available to carry out this section shall expend such 
funds to pay for the Federal share of the cost of making scholarship 
grants to eligible child care providers in accordance with this 
section, to improve their educational qualifications to provide child 
care services.
    (b) Eligibility Requirement for Scholarship Grants.--To be eligible 
to receive a scholarship grant under this section, a child care 
provider shall be employed as a child care provider for not less than 1 
calendar year, or (if the provider is employed on the date of the 
eligibility determination in a child care program that operates for 
less than a full calendar year) the program equivalent of 1 calendar 
year, ending on the date of the application for such grant.
    (c) Selection of Grantees.--For purposes of selecting eligible 
child care providers to receive scholarship grants under this section 
and determining the amounts of such grants, a State shall not--
            (1) take into consideration whether a child care provider 
        is receiving, may receive, or may be eligible to receive any 
        funds or benefits under any other provision of this subtitle, 
        or under any other Federal or State law that provides funds for 
        educational purposes; or
            (2) consider as resources of such provider any funds such 
        provider is receiving, may receive, or may be eligible to 
        receive under any other provision of this subtitle, under any 
        other Federal or State law that provides funds for educational 
        purposes, or from a private entity.
    (d) Cost-Sharing Required.--The amount of a scholarship grant made 
under this section to an eligible child care provider shall be less 
than the cost of the educational or training program for which such 
grant is made.
    (e) Annual Maximum Scholarship Grant Amount.--The maximum aggregate 
dollar amount of a scholarship grant made by a State to an eligible 
child care provider under this section in a fiscal year shall be 
$1,500.

SEC. 218. CHILD CARE PROVIDER HEALTH BENEFITS COVERAGE.

    (a) Short Title.--This section may be cited as the ``Healthy Early 
Education Workforce Grant Program Act''.
    (b) Definition.--In this section, the terms ``dependent'', 
``domestic partner'', and ``spouse'', used with respect to a State, 
have the meanings given the terms by the State.
    (c) General Authority.--A State that receives funds allotted under 
section 214 and made available to carry out this section shall expend 
such funds to pay for the Federal share of the cost of providing access 
to affordable health benefits coverage for--
            (1) eligible child care providers; and
            (2) at the discretion of the State involved, the spouses, 
        domestic partners, and dependents of such providers.
    (d) Permissible Activities.--In carrying out subsection (c), the 
State may expend such funds for any of the following:
            (1) To reimburse an employer of an eligible child care 
        provider, or the provider, for the employer's or provider's 
        share (or a portion of the share) of the premiums or other 
        costs for coverage under group or individual health plans.
            (2) To offset the cost of enrolling eligible child care 
        providers in public health benefits plans, such as the medicaid 
        program under title XIX of the Social Security Act (42 U.S.C. 
        1396 et seq.), the State children's health insurance program 
        under title XXI of such Act (42 U.S.C. 1397aa et seq.), or 
        public employee health benefit plans.
            (3) To otherwise subsidize the cost of health benefits 
        coverage for eligible child care providers.
    (e) Eligibility Criteria for Health Benefits Coverage.--The State 
may establish criteria to limit the child care providers who may 
receive benefits through the allotment.
    (f) Selection of Grantees.--For purposes of selecting eligible 
child care providers to receive benefits under this section for a 
fiscal year, a State shall give--
            (1) highest priority to--
                    (A) providers that meet any applicable criteria 
                established in accordance with subsection (e) and 
                received such assistance during the previous fiscal 
                year; and
                    (B) at the State's discretion, the spouses, 
                domestic partners, and dependents of such providers; 
                and
            (2) second highest priority to--
                    (A) providers that meet any applicable criteria 
                established in accordance with subsection (e) and are 
                accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care; and
                    (B) at the State's discretion, the spouses, 
                domestic partners, and dependents of such providers.

SEC. 219. ANNUAL REPORT.

    A State that receives funds appropriated to carry out this subtitle 
for a fiscal year shall submit to the Secretary, not later than 90 days 
after the end of such fiscal year, a report--
            (1) specifying the uses for which the State expended such 
        funds, and the aggregate amount of funds (including State 
        funds) expended for each of such uses; and
            (2) containing available data relating to grants made and 
        benefits provided with such funds, including--
                    (A) the number of eligible child care providers who 
                received such grants and benefits;
                    (B) the amounts of such grants and benefits;
                    (C) any other information that describes or 
                evaluates the effectiveness of this subtitle;
                    (D) the particular geographical areas selected 
                under section 215 for the purpose of making such 
                grants;
                    (E) with respect to grants made under section 216--
                            (i) the number of years grant recipients 
                        have been employed as child care providers;
                            (ii) the level of training and education of 
                        grant recipients;
                            (iii) to the extent practicable and 
                        available to the State, detailed information 
                        regarding the salaries and other compensation 
                        received by grant recipients to provide child 
                        care services before, during, and after 
                        receiving such grants;
                            (iv) the number of children who received 
                        child care services provided by grant 
                        recipients;
                            (v) information on family demographics of 
                        such children;
                            (vi) the types of settings described in 
                        subparagraphs (A), (B), and (C) of section 
                        212(1) in which grant recipients are employed; 
                        and
                            (vii) the ages of the children who received 
                        child care services provided by grant 
                        recipients;
                    (F) with respect to grants made under section 217--
                            (i) the number of years grant recipients 
                        have been employed as child care providers;
                            (ii) the level of training and education of 
                        grant recipients;
                            (iii) to the extent practicable and 
                        available to the State, detailed information 
                        regarding the salaries and other compensation 
                        received by grant recipients to provide child 
                        care services before, during, and after 
                        receiving such grants;
                            (iv) the types of settings described in 
                        subparagraphs (A), (B), and (C) of section 
                        212(1) in which grant recipients are employed;
                            (v) the ages of the children who received 
                        child care services provided by grant 
                        recipients;
                            (vi) the number of course credits or 
                        credentials obtained by grant recipients; and
                            (vii) the amount of time taken for 
                        completion of the educational and training 
                        programs for which such grants were made; and
                    (G) such other information as the Secretary may 
                require by rule.

SEC. 220. EVALUATION OF HEALTH BENEFITS PROGRAMS BY SECRETARY.

    (a) Evaluation.--The Secretary shall conduct an evaluation of 
several State programs carried out with grants made under section 218, 
representing various approaches to raising the rate of child care 
providers with health benefits coverage.
    (b) Assessment of Impacts.--In evaluating State programs under 
subsection (a), the Secretary may consider any information appropriate 
to measure the success of the programs, and shall assess the impact of 
the programs on the following:
            (1) The rate of child care providers with health benefits 
        coverage.
            (2) The take-up rate by eligible child care providers.
            (3) The turnover rate in the child care field.
            (4) The average wages paid to a child care provider.
    (c) Report.--Not later than 3 years after the date of enactment of 
this subtitle, the Secretary shall prepare and submit a report to 
Congress containing the results of the evaluation conducted under 
subsection (a), together with recommendations for strengthening 
programs carried out with grants made under section 218.

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

    (a) Child Care Provider Development, Retention, and Scholarships.--
There are authorized to be appropriated to carry out the activities 
described in sections 216 and 217 $500,000,000 for fiscal year 2012 and 
such sums as may be necessary for each of fiscal years 2012 through 
2016.
    (b) Child Care Provider Health Benefits Coverage.--There is 
authorized to be appropriated to carry out the activities described in 
section 218 $200,000,000 for fiscal year 2011 and such sums as may be 
necessary for each of fiscal years 2012 through 2016.

              Subtitle C--Child Care Facilities Financing

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Child Care Facilities Financing 
Act''.

SEC. 232. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS.

    (a) Grant Authority.--The Secretary may make grants on a 
competitive basis to eligible entities in accordance with this section.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        subsection (a), an eligible entity shall submit to the 
        Secretary an application at such time, in such form, and 
        containing such information as the Secretary may require by 
        rule.
            (2) Requirements.--The Secretary shall issue rules that 
        take into account the experience and success of eligible 
        entities in attracting private financing and carrying out the 
        types of activities for which grants under subsection (a) are 
        made.
    (c) Priority.--In making grants under subsection (a), the Secretary 
shall give priority to an applicant--
            (1) that has demonstrated experience--
                    (A) providing technical or financial assistance for 
                the acquisition, construction, or renovation of child 
                care facilities;
                    (B) providing technical, financial, or managerial 
                assistance to eligible child care providers; and
                    (C) securing private sources of capital financing 
                for child care or other low-income community 
                development; and
            (2) whose application proposes to assist eligible 
        recipients that serve--
                    (A) low-income areas, including--
                            (i) a community that--
                                    (I) is in a metropolitan area; and
                                    (II) has a median household income 
                                that is not more than 80 percent of the 
                                median household income of the 
                                metropolitan area; or
                            (ii) a community that--
                                    (I) is not in a metropolitan area; 
                                and
                                    (II) has a median income that is 
                                not more than 80 percent of the median 
                                household income of the State in which 
                                the community is located; or
                    (B) low-income individuals, including eligible 
                children.
    (d) Use of Funds.--
            (1) Capital fund.--Each eligible entity that receives a 
        grant under subsection (a) shall deposit the grant amount into 
        a child care capital fund established by the eligible entity.
            (2) Payments from funds.--Each eligible entity shall 
        provide technical or financial assistance (in the form of 
        loans, grants, investments, guarantees, interest subsidies, and 
        other appropriate forms of assistance) to eligible recipients 
        from the child care capital fund it establishes to pay for--
                    (A) the acquisition, construction, or improvement 
                of child care facilities;
                    (B) equipment for child care facilities; or
                    (C) technical assistance to eligible child care 
                providers to help them undertake facilities improvement 
                and expansion projects.
            (3) Loan repayments and investment proceeds.--An eligible 
        entity that receives a loan repayment or investment proceeds 
        from an eligible recipient shall deposit such repayment or 
        proceeds into the child care capital fund of the eligible 
        entity for use in accordance with this section.
            (4) Application.--To obtain assistance from an eligible 
        entity, an eligible recipient shall prepare and submit an 
        application to an eligible entity at such time, in such form, 
        and containing such information as the eligible entity may 
        require.

SEC. 233. DEFINITIONS.

    As used in this subtitle:
            (1) Child care facility.--The term ``child care facility'' 
        means a structure used for the care and development of eligible 
        children.
            (2) Child care services.--The term ``child care services'' 
        means child care and early childhood education.
            (3) Community development financial institution.--The term 
        ``community development financial institution'' has the meaning 
        given such term in section 103(5) of the Community Development 
        Banking and Financial Institutions Act of 1994 (12 U.S.C. 
        4702(5)).
            (4) Eligible child care provider.--The term ``eligible 
        child care provider'' has the meaning given such term in 
        section 658P of the Child Care and Development Block Grant Act 
        of 1990 (42 U.S.C. 9858n).
            (5) Eligible child.--The term ``eligible child'' has the 
        meaning given such term in section 658P of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a community development financial institution 
                certified by the Department of Treasury; or
                    (B) an organization that--
                            (i) is described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986;
                            (ii) is exempt from taxation under section 
                        501(a) of such Code; and
                            (iii) has demonstrated experience in--
                                    (I) providing technical or 
                                financial assistance for the 
                                acquisition, construction, or 
                                renovation of child care facilities;
                                    (II) providing technical, 
                                financial, or managerial assistance to 
                                eligible child care providers; and
                                    (III) securing private sources of 
                                capital financing for child care or 
                                other low-income community development.
            (7) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) an eligible child care provider that provides 
                child care services to an eligible child;
                    (B) an organization seeking to provide child care 
                services to an eligible child; or
                    (C) an organization providing or seeking to provide 
                child care services to low-income children as 
                determined by the Secretary.
            (8) Equipment.--The term ``equipment'' includes--
                    (A) machinery, utilities, and built-in equipment, 
                and any necessary structure to house them; and
                    (B) any other items necessary for the functioning 
                of a child care facility, including furniture, books, 
                and program materials.
            (9) Metropolitan area.--The term ``metropolitan area'' has 
        the meaning given such term in section 102 of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5302).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 234. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$50,000,000 for each of the fiscal years 2012 through 2016.

        Subtitle D--Business Child Care Incentive Grant Program

SEC. 241. BUSINESS CHILD CARE INCENTIVE GRANT PROGRAM.

    (a) Establishment.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall establish a 
program to award grants to States, on a competitive basis, to assist 
States in providing funds to encourage the establishment and operation 
of employer operated child care programs.
    (b) Application.--To be eligible to receive a grant under this 
section, a State shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including an assurance that 
the funds required under subsection (e) will be provided.
    (c) Amount of Grant.--The Secretary shall determine the amount of a 
grant to a State under this section based on the population of children 
less than 5 years of age in the State as compared to the population of 
all States receiving grants under this section.
    (d) Use of Funds.--
            (1) In general.--A State shall use amounts provided under a 
        grant awarded under this section to provide assistance to 
        businesses located in the State to enable the businesses to 
        establish and operate child care programs. Such assistance may 
        include--
                    (A) technical assistance in the establishment of a 
                child care program;
                    (B) assistance for the startup costs related to a 
                child care program;
                    (C) assistance for the training of child care 
                providers;
                    (D) scholarships for low-income wage earners;
                    (E) the provision of services to care for sick 
                children or to provide care to school aged children;
                    (F) the entering into of contracts with local 
                resource and referral or local health departments;
                    (G) assistance for care for children with 
                disabilities; or
                    (H) assistance for any other activity determined 
                appropriate by the State.
            (2) Application.--To be eligible to receive assistance from 
        a State under this section, a business shall prepare and submit 
        to the State an application at such time, in such manner, and 
        containing such information as the State may require.
            (3) Preference.--
                    (A) In general.--In providing assistance under this 
                section, a State shall give priority to applicants that 
                desire to form a consortium to provide child care in a 
                geographic area within the State where such care is not 
                generally available or accessible.
                    (B) Consortium.--For purposes of subparagraph (A), 
                a consortium shall be made up of 2 or more entities 
                that may include businesses, nonprofit agencies or 
                organizations, local governments, or other appropriate 
                entities.
            (4) Limitation.--With respect to grant funds received under 
        this section, a State may not provide in excess of $100,000 in 
        assistance from such funds to any single applicant.
    (e) Matching Requirement.--To be eligible to receive a grant under 
this section a State shall provide assurances to the Secretary that, 
with respect to the costs to be incurred by an entity receiving 
assistance in carrying out activities under this section, the entity 
will make available (directly or through donations from public or 
private entities) non-Federal contributions to such costs in an amount 
equal to--
            (1) for the first fiscal year in which the entity receives 
        such assistance, not less than 50 percent of such costs ($1 for 
        each $1 of assistance provided to the entity under the grant);
            (2) for the second fiscal year in which the entity receives 
        such assistance, not less than 66\2/3\ percent of such costs 
        ($2 for each $1 of assistance provided to the entity under the 
        grant); and
            (3) for the third fiscal year in which the entity receives 
        such assistance, not less than 75 percent of such costs ($3 for 
        each $1 of assistance provided to the entity under the grant).
    (f) Requirements of Providers.--To be eligible to receive 
assistance under a grant awarded under this section a child care 
provider shall comply with all applicable State and local licensing and 
regulatory requirements and all applicable health and safety standards 
in effect in the State.
    (g) Administration.--
            (1) State responsibility.--A State shall have 
        responsibility for administering a grant awarded for the State 
        under this section and for monitoring entities that receive 
        assistance under such grant.
            (2) Audits.--A State shall require each entity receiving 
        assistance under the grant awarded under this section to 
        conduct an annual audit with respect to the activities of the 
        entity. Such audits shall be submitted to the State.
            (3) Misuse of funds.--
                    (A) Repayment.--If the State determines, through an 
                audit or otherwise, that an entity receiving assistance 
                under a grant awarded under this section has misused 
                the assistance, the State shall notify the Secretary of 
                the misuse. The Secretary, upon such a notification, 
                may seek from such an entity the repayment of an amount 
                equal to the amount of any such misused assistance plus 
                interest.
                    (B) Appeals process.--The Secretary shall by 
                regulation provide for an appeals process with respect 
                to repayments under this paragraph.
    (h) Reporting Requirements.--
            (1) 2-year study.--
                    (A) In general.--Not later than 2 years after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall conduct a study to 
                determine--
                            (i) the capacity of entities to meet the 
                        child care needs of communities within States;
                            (ii) the kinds of partnerships that are 
                        being formed with respect to child care at the 
                        local level to carry out programs funded under 
                        this section; and
                            (iii) who is using the programs funded 
                        under this section and the income levels of 
                        such individuals.
                    (B) Report.--Not later than 28 months after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall prepare and submit to 
                the appropriate committees of Congress a report on the 
                results of the study conducted in accordance with 
                subparagraph (A).
            (2) 4-year study.--
                    (A) In general.--Not later than 4 years after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall conduct a study to 
                determine the number of child care facilities funded 
                through entities that received assistance through a 
                grant awarded under this section that remain in 
                operation and the extent to which such facilities are 
                meeting the child care needs of the individuals served 
                by such facilities.
                    (B) Report.--Not later than 52 months after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall prepare and submit to 
                the appropriate committees of Congress a report on the 
                results of the study conducted in accordance with 
                subparagraph (A).
    (i) Definition.--In this section, the term ``business'' means an 
employer who employed an average of at least 2 employees on business 
days during the preceding calendar year.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section, $60,000,000 for the period of fiscal 
        years 2012 through 2016.
            (2) Evaluations and administration.--With respect to the 
        total amount appropriated for such period in accordance with 
        this subsection, not more than $5,000,000 of that amount may be 
        used for expenditures related to conducting evaluations 
        required under, and the administration of, this section.
    (k) Termination of Program.--The program established under 
subsection (a) shall terminate on September 30, 2017.

     TITLE III--PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL ASSISTANCE

               Subtitle A--Universal Prekindergarten Act

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Universal Prekindergarten 
Act''.

SEC. 302. PURPOSE.

    The purpose of this subtitle is to ensure that all children 3, 4, 
and 5 years old have access to a high-quality full-day, full-calendar-
year prekindergarten program by providing grants to States to assist in 
developing a universal prekindergarten program that is voluntary and 
free-of-charge.

SEC. 303. PREKINDERGARTEN GRANT PROGRAM AUTHORIZATION.

    The Secretary of Health and Human Services, in consultation with 
the Secretary of Education, shall provide grants to an agency 
designated by each State (hereafter in this subtitle referred to as the 
``designated State agency'') for the development of high-quality full-
day, full-calendar-year universal prekindergarten programs for all 
children 3, 4, and 5 years old in the State.

SEC. 304. STATE REQUIREMENTS.

    (a) State Matching Funds.--Federal funds made available to a 
designated State agency under this subtitle shall be matched at least 
20 percent by State funds.
    (b) State Application.--To be eligible to receive funds under this 
subtitle, a designated State agency shall submit an application at such 
time, in such manner, and containing such information as the Secretary 
of Health and Human Services may require. The application shall include 
the following:
            (1) How the designated State agency, in overseeing the 
        State's universal prekindergarten program, will coordinate with 
        other State agencies responsible for early childhood education 
        and health programs.
            (2) A State plan to establish and implement a statewide 
        universal prekindergarten program, in accordance with 
        subsection (c).
    (c) State Plan.--The State plan required under subsection (b)(2) 
shall include each of the following:
            (1) A description of the universal prekindergarten program 
        that will be established and how it will support children's 
        cognitive, social, emotional, and physical development.
            (2) A statement of the goals for universal prekindergarten 
        programs and how program outcomes will be measured.
            (3) A description of--
                    (A) how funding will be distributed to eligible 
                prekindergarten program providers based on the need for 
                early childhood education in each geographical area 
                served by such providers; and
                    (B) how the designated State agency will involve 
                representatives of early childhood program providers 
                (including child care providers, Head Start programs, 
                and State and local agencies) that sponsor programs 
                addressing children 3, 4, and 5 years old.
            (4) A description of how the designated State agency will 
        coordinate with existing State-funded prekindergarten programs, 
        federally funded programs (such as Head Start programs), public 
        school programs, and child care providers.
            (5) A description of how an eligible prekindergarten 
        program provider may apply to the designated State agency for 
        funding under this Act.
            (6) A plan to address the shortages of qualified early 
        childhood education teachers, including how to increase such 
        teachers' compensation to be comparable to that of public 
        school teachers.
            (7) How the designated State agency will provide ongoing 
        professional development opportunities to help increase the 
        number of teachers in early childhood programs who meet the 
        State's education or credential requirements for 
        prekindergarten teachers.
            (8) A plan to address how the universal prekindergarten 
        program will meet the needs of children with disabilities, 
        limited English proficiency, and other special needs.
            (9) A plan to provide transportation to children to and 
        from the universal prekindergarten program.
            (10) A description of how the State will provide the 20 
        percent match of Federal funds.
    (d) Administration.--A designated State agency may not use more 
than 5 percent of a grant under this subtitle for costs associated with 
State administration of the program under this subtitle.

SEC. 305. LOCAL REQUIREMENTS.

    (a) In General.--An eligible prekindergarten program provider 
receiving funding under this subtitle shall--
            (1) maintain a maximum class size of 20 children;
            (2) maintain a ratio of not more than 10 children for each 
        member of the teaching staff;
            (3)(A) ensure that all prekindergarten teachers meet the 
        requirements for teachers at a State-funded prekindergarten 
        program under an applicable State law; and
            (B) document that the State is demonstrating significant 
        progress in assisting prekindergarten teachers on working 
        toward a bachelor of arts degree with training in early 
        childhood development or early childhood education;
            (4)(A) be accredited by a national organization with 
        demonstrated experience in accrediting prekindergarten 
        programs; or
            (B) provide assurances that it shall obtain such 
        accreditation not later than 3 years after first receiving 
        funding under this subtitle; and
            (5) meet applicable State and local child care licensing 
        health and safety standards.
    (b) Local Application.--Eligible prekindergarten program providers 
desiring to receive funding under this subtitle shall submit an 
application to the designated State agency overseeing funds under this 
subtitle containing the following:
            (1) A description of the prekindergarten program.
            (2) A statement of the demonstrated need for a program, or 
        an enhanced or expanded program, in the area served by the 
        eligible prekindergarten program provider.
            (3) A description of the age-appropriate and 
        developmentally appropriate educational curriculum to be 
        provided that will help children be ready for school and assist 
        them in the transition to kindergarten.
            (4) A description of how the eligible prekindergarten 
        program provider will collaborate with existing community-based 
        child care providers and Head Start programs.
            (5) A description of how students and families will be 
        assisted in obtaining supportive services available in their 
        communities.
            (6) A plan to promote parental involvement in the 
        prekindergarten program.
            (7) A description of how teachers will receive ongoing 
        professional development in early childhood development and 
        education.
            (8) An assurance that prekindergarten programs receiving 
        funds under this subtitle provide the data required in section 
        7(c).

SEC. 306. PROFESSIONAL DEVELOPMENT SET-ASIDE.

    (a) In General.--A designated State agency may set aside up to 5 
percent of a grant under this subtitle for ongoing professional 
development activities for teachers and staff at prekindergarten 
programs that wish to participate in the universal prekindergarten 
grant program under this subtitle. A designated State agency using the 
set-aside for professional development must include in its application 
the following:
            (1) A description of how the designated State agency will 
        ensure that eligible prekindergarten program providers in a 
        range of settings (including child care providers, Head Start 
        programs, and schools) will participate in the professional 
        development programs.
            (2) An assurance that, in developing its application and in 
        carrying out its program, the professional development provider 
        has consulted, and will consult, with relevant agencies, early 
        childhood organizations, early childhood education experts, and 
        early childhood program providers.
            (3) A description of how the designated State agency will 
        ensure that the professional development is ongoing and 
        accessible to educators in all geographic areas of the State, 
        including by the use of advanced educational technologies.
            (4) A description of how the designated State agency will 
        ensure that such set-aside funds will be used to pay the cost 
        of additional education and training.
            (5) A description of how the designated State agency will 
        work with other agencies and institutions of higher education 
        to provide scholarships and other financial assistance to 
        prekindergarten staff.
            (6) A description of how the State educational agency will 
        provide a financial incentive, such as a financial stipend or a 
        bonus, to educators who participate in and complete such 
        professional development.
            (7) A description of how the professional development 
        activities will be carried out, including the following:
                    (A) How programs and educators will be selected to 
                participate.
                    (B) How professional development providers will be 
                selected, based on demonstrated experience in providing 
                research-based professional development to early 
                childhood educators.
                    (C) The types of research-based professional 
                development activities that will be carried out in all 
                domains of children's physical, cognitive, social, and 
                emotional development and on early childhood pedagogy.
                    (D) How the program will train early childhood 
                educators to meet the diverse educational needs of 
                children in the community, especially children who have 
                limited English proficiency, disabilities, and other 
                special needs.
                    (E) How the program will coordinate with and build 
                upon, but not supplant or duplicate, early childhood 
                education professional development activities that 
                exist in the community.
    (b) Uses of Funds.--Funds set aside under this section may be used 
for ongoing professional development--
            (1) to provide prekindergarten teachers and staff with the 
        knowledge and skills for the application of recent research on 
        child cognitive, social, emotional, and physical development, 
        including language and literacy development, and on early 
        childhood pedagogy;
            (2) to provide the cost of education needed to obtain a 
        credential or degree with specific training in early childhood 
        development or education;
            (3) to work with children who have limited English 
        proficiency, disabilities, and other special needs; and
            (4) to select and use developmentally appropriate screening 
        and diagnostic assessments to improve teaching and learning and 
        make appropriate referrals for services to support 
        prekindergarten children's development and learning.

SEC. 307. REPORTING.

    (a) Report by Secretary.--For each year in which funding is 
provided under this subtitle, the Secretary of Health and Human 
Services shall submit an annual report to the Congress on the 
implementation and effectiveness of the universal prekindergarten 
program under this subtitle.
    (b) Report by Designated State Agency.--Each designated State 
agency that provides grants to eligible prekindergarten program 
providers under this subtitle shall submit to the Secretary an annual 
report on the implementation and effectiveness of the programs in the 
State supported under this subtitle. Such report shall contain such 
additional information as the Secretary may reasonably require.
    (c) Report by Grant Recipient.--Each eligible prekindergarten 
program provider that receives a grant under this subtitle shall submit 
to the designated State agency an annual report that includes, with 
respect to the program supported by such grant, the following:
            (1) A description of the type of program and a statement of 
        the number and ages of children served by the program, as well 
        as the number and ages of children with a disability or a 
        native language other than English.
            (2) A description of the qualifications of the program 
        staff and the type of ongoing professional development provided 
        to such staff.
            (3) A statement of all sources of Federal, State, local, 
        and private funds received by the program.
            (4) A description of the curricula, materials, and 
        activities used by the program to support early childhood 
        development and learning.
            (5) Such other information as the designated State agency 
        may reasonably require.

SEC. 308. FEDERAL FUNDS SUPPLEMENTARY.

    Funds made available under this subtitle may not be used to 
supplant other Federal, State, local, or private funds that would, in 
the absence of such Federal funds, be made available for the program 
assisted under this subtitle.

SEC. 309. DEFINITIONS.

    In this subtitle:
            (1) The term ``eligible prekindergarten program provider'' 
        means a prekindergarten program provider that is--
                    (A) a school;
                    (B) supported, sponsored, supervised, or carried 
                out by a local educational agency;
                    (C) a Head Start program; or
                    (D) a child care provider.
            (2) The term ``prekindergarten program'' means a program 
        serving children 3, 4, and 5 years old that supports children's 
        cognitive, social, emotional, and physical development and 
        helps prepare those children for the transition to 
        kindergarten.
            (3) The term ``local educational agency'' has the meaning 
        given that term in the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6301 et seq.).
            (4) The term ``prekindergarten teacher'' means an 
        individual who has received, or is working toward, a bachelor 
        of arts degree in early childhood education.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $10,000,000,000 for fiscal year 2012;
            (2) $20,000,000,000 for fiscal year 2013;
            (3) $30,000,000,000 for fiscal year 2014;
            (4) $40,000,000,000 for fiscal year 2015; and
            (5) $50,000,000,000 for fiscal year 2016.

          Subtitle B--Universal Free School Breakfast Program

SEC. 311. UNIVERSAL FREE SCHOOL BREAKFAST PROGRAM.

    (a) Free Breakfast and Universal Eligibility.--Section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended to read as 
follows:

``SEC. 4. SCHOOL BREAKFAST PROGRAM AUTHORIZATION.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to enable the Secretary to 
carry out a program to assist States and the Department of Defense to 
initiate, maintain, or expand nonprofit breakfast programs to provide 
free breakfasts to school children without regard to family income in 
all schools which make application for participation and agree to carry 
out a nonprofit free breakfast program in accordance with this Act. 
Appropriations and expenditures for this Act shall be considered Health 
and Human Services functions for budget purposes rather than functions 
of Agriculture.
    ``(b) Apportionment to States.--
            ``(1)(A) In general.--The Secretary shall make breakfast 
        payments to each State educational agency each fiscal year, at 
        such times as the Secretary may determine, from the sums 
        appropriated for such purpose, in an amount equal to the 
        product obtained by multiplying--
                    ``(i) the number of breakfasts served free during 
                such fiscal year to children in schools in such States 
                which participate in the school breakfast program under 
                agreements with such State educational agency; by
                    ``(ii) the national breakfast payment as prescribed 
                in paragraph (2) of this subsection.
            ``(B) Agreements.--The agreements described in subparagraph 
        (A)(i) shall be permanent agreements that may be amended as 
        necessary. Nothing in the preceding sentence shall be construed 
        to limit the ability of the State educational agency to suspend 
        or terminate any such agreement in accordance with regulations 
        prescribed by the Secretary.
            ``(2) National breakfast payment.--The national payment for 
        each breakfast shall be $1.40 (as adjusted each July 1 pursuant 
        to section 11(a)(3)(B) of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1759a(a)(3)(B))).
            ``(3) Limitation.--No breakfast payment may be made under 
        this subsection for any breakfast served by a school unless 
        such breakfast consists of a combination of foods which meet 
        the minimum nutritional requirements prescribed by the 
        Secretary under subsection (e) of this section.
            ``(4) Nutrition quality adjustment.--The Secretary shall 
        increase by 6 cents the annually adjusted payment for each 
        breakfast served under this Act and section 17 of the Richard 
        B. Russell National School Lunch Act. These funds shall be used 
        to assist States, to the extent feasible, in improving the 
        nutritional quality of the breakfasts.
            ``(5) Agricultural commodities.--Notwithstanding any other 
        provision of law, whenever stocks of agricultural commodities 
        are acquired by the Secretary or the Commodity Credit 
        Corporation and are not likely to be sold by the Secretary or 
        the Commodity Credit Corporation or otherwise used in programs 
        of commodity sale or distribution, the Secretary shall make 
        such commodities available to school food authorities and 
        eligible institutions serving breakfasts under this Act in a 
        quantity equal in value to not less than 3 cents for each 
        breakfast served under this Act.
            ``(6) Effect on expenditures.--Expenditures of funds from 
        State and local sources for the maintenance of the breakfast 
        program shall not be diminished as a result of funds or 
        commodities received under paragraph (4) or (5).
    ``(c) State Disbursement to Schools.--Funds paid to any State 
during any fiscal year for the purpose of this section shall be 
disbursed by the State educational agency, in accordance with such 
agreements approved by the Secretary as may be entered into by such 
State agency and the schools in the State, to those schools in the 
State which the State educational agency, determines are eligible to 
participate in the school breakfast program.
    ``(d) Participation by Schools.--
            ``(1) Requirements for participation.--To be eligible to 
        participate in the school breakfast program under this section, 
        a school food authority shall--
                    ``(A) agree to serve all breakfasts at no charge to 
                all students who wish to participate without regard to 
                family income in all participating schools; and
                    ``(B) meet all other requirements that the 
                Secretary may reasonably establish.
            ``(2) Start-up assistance.--The Secretary is authorized to 
        provide additional assistance to schools not participating in 
        the school breakfast program prior to the enactment of the 
        Family and Workplace Balancing Act of 2011 in order to assist 
        such schools to begin participation in the school breakfast 
        program under this section.
            ``(3) State educational agency assistance.--Each State 
        educational agency shall assist schools not participating in 
        the school breakfast program prior to the enactment of the 
        Family and Workplace Balancing Act of 2011 to enter into 
        agreements with such agencies in order to participate in the 
        school breakfast program under this section.
    ``(e) Nutritional and Other Program Requirements.--
            ``(1) Minimum nutritional requirements.--Breakfasts served 
        by schools participating in the school breakfast program under 
        this section shall consist of a combination of foods and shall 
        meet minimum nutritional requirements prescribed by the 
        Secretary on the basis of tested nutritional research, except 
        that the minimum nutritional requirements shall be measured by 
        not less than the weekly average of the nutrient content of 
        school breakfasts.
            ``(2) Technical assistance and training.--The Secretary 
        shall provide through State educational agencies technical 
        assistance and training, including technical assistance and 
        training in the preparation of foods high in complex 
        carbohydrates and lower-fat versions of foods commonly used in 
        the school breakfast program established under this section, to 
        schools participating in the school breakfast program to assist 
        the schools in complying with the nutritional requirements 
        prescribed by the Secretary pursuant to paragraph (1) and in 
        providing appropriate meals to children with medically 
        certified special dietary needs.
            ``(3) Option versus serve.--At the option of a local school 
        food authority, a student in a school under the authority that 
        participates in the school breakfast program under this Act may 
        be allowed to refuse not more than one item of a breakfast that 
        the student does not intend to consume. A refusal of an offered 
        food item shall not affect the amount of payments made under 
        this Act to a school for the breakfast.''.
    (b) Technical Amendments.--
            (1) Child nutrition act of 1966.--Section 20 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1789) is amended by striking 
        subsection (b) and redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively.
            (2) Richard b. russell national school lunch act.--The 
        Richard B. Russell National School Lunch Act is amended--
                    (A) in section 11(a)(1)--
                            (i) in subparagraph (C), by striking ``or 
                        breakfasts'' each place it appears;
                            (ii) in subparagraph (C)(i)(I), by striking 
                        ``or in the case of a school'' and all that 
                        follows through ``4 successive school years'';
                            (iii) in subparagraph (D)(iii), by striking 
                        ``, or for free and reduced price lunches and 
                        breakfasts,'';
                            (iv) in subparagraph (D)(iv), by striking 
                        ``or school breakfast'';
                            (v) in subparagraph (E)(i)(I), by striking 
                        ``or in the case of a school'' and all that 
                        follows through ``4 successive school years''; 
                        and
                            (vi) in subparagraph (E)(i)(II)--
                                    (I) by striking ``or breakfasts'' 
                                both places it appears; and
                                    (II) by striking ``or school 
                                breakfast'';
                    (B) in section 11(a)(3)(A)--
                            (i) by striking clause (iii); and
                            (ii) by redesignating clause (iv) as clause 
                        (iii);
                    (C) in section 13(a)(1)(C), by striking ``or 
                breakfasts''; and
                    (D) in section 17--
                            (i) in subsection (c), by striking 
                        paragraph (2), and redesignating paragraphs (3) 
                        through (6) as paragraphs (2) through (5), 
                        respectively; and
                            (ii) in subsection (f)(3)(E)(ii)(I), by 
                        striking ``meals'' and inserting ``lunches''.

           Subtitle C--Afterschool Education Enhancement Act

SEC. 341. SHORT TITLE.

    This subtitle may be cited as the ``Afterschool Education 
Enhancement Act''.

SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COMMUNITY LEARNING CENTERS.

    Part B of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7171 et seq.) is amended--
            (1) in subsection (a) of section 4203--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) through (14) as 
                paragraphs (3) through (13), respectively; and
            (2) in section 4204--
                    (A) in paragraph (2) of subsection (b)--
                            (i) by striking subparagraph (F); and
                            (ii) by redesignating subparagraphs (G) 
                        through (N) as subparagraphs (F) through (M), 
                        respectively; and
                    (B) by amending paragraph (1) of subsection (i) to 
                read as follows:
            ``(1) In general.--In awarding grants under this part, a 
        State educational agency shall give priority to applications 
        submitted jointly by eligible entities consisting of not less 
        than--
                    ``(A) 1 local educational agency receiving funds 
                under part A of title I; and
                    ``(B) 1 community-based organization or other 
                public or private entity.''.

             TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES

          Subtitle A--Part-Time and Temporary Workers Benefits

SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER 
              PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING 
              PENSION PLANS.

    (a) Participation Rules.--
            (1) In general.--Section 202(a)(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) 
        is amended by adding at the end the following new subparagraph:
    ``(E)(i) For purposes of this paragraph, in the case of any 
employee who, as of the beginning of the 12-month period referred to in 
subparagraph (A)--
            ``(I) has customarily completed 500 or more hours of 
        service per year but less than 1,000 hours of service per year, 
        or
            ``(II) is employed in a type of position in which 
        employment customarily constitutes 500 or more hours of service 
        per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated 
as completion of 1,000 hours of service.
    ``(ii) For purposes of this subparagraph, the extent to which 
employment in any type of position customarily constitutes less than 
1,000 hours of service per year shall be determined with respect to 
each pension plan in accordance with such regulations as the Secretary 
may prescribe providing for consideration of facts and circumstances 
peculiar to the work-force constituting the participants in such 
plan.''.
            (2) Conforming amendment.--Section 204(b)(1)(E) of such Act 
        (29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section 
        202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of 
        section 202(a)(3)''.
    (b) Vesting Rules.--
            (1) In general.--Section 203(b)(2) of such Act (29 U.S.C. 
        1053(b)(2)) is amended by adding at the end the following new 
        subparagraph:
    ``(E)(i) For purposes of this paragraph, in the case of any 
employee who, as of the beginning of the period designated by the plan 
pursuant to subparagraph (A)--
            ``(I) has customarily completed 500 or more hours of 
        service per year but less than 1,000 hours of service per year, 
        or
            ``(II) is employed in a type of position in which 
        employment customarily constitutes 500 or more hours of service 
        per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated 
as completion of 1,000 hours of service.
    ``(ii) For purposes of this subparagraph, the extent to which 
employment in any type of position customarily constitutes less than 
1,000 hours of service per year shall be determined with respect to 
each pension plan in accordance with such regulations as the Secretary 
may prescribe providing for consideration of facts and circumstances 
peculiar to the work-force constituting the participants in such 
plan.''.
            (2) 1-year breaks in service.--Section 203(b)(3) of such 
        Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the 
        following new subparagraph:
    ``(F)(i) For purposes of this paragraph, in the case of any 
employee who, as of the beginning of the period designated by the plan 
pursuant to subparagraph (A)--
            ``(I) has customarily completed 500 or more hours of 
        service per year but less than 1,000 hours of service per year, 
        or
            ``(II) is employed in a type of position in which 
        employment customarily constitutes 500 or more hours of service 
        per year but less than 1,000 hours of service per year,
completion of 250 hours of service within such period shall be treated 
as completion of 500 hours of service.
    ``(ii) For purposes of this subparagraph, the extent to which 
employment in any type of position customarily constitutes less than 
1,000 hours of service per year shall be determined with respect to 
each pension plan in accordance with such regulations as the Secretary 
may prescribe providing for consideration of facts and circumstances 
peculiar to the work-force constituting the participants in such 
plan.''.
    (c) Accrual Rules.--Section 204(b)(4)(C) of such Act (29 U.S.C. 
1054(b)(4)(C)) is amended--
            (1) by inserting ``(i)'' after ``(C)''; and
            (2) by adding at the end the following new clauses:
    ``(ii) For purposes of this subparagraph, in the case of any 
employee who, as of the beginning of the period designated by the plan 
pursuant to clause (i)--
            ``(I) has customarily completed 500 or more hours of 
        service per year but less than 1,000 hours of service per year, 
        or
            ``(II) is employed in a type of position in which 
        employment customarily constitutes 500 or more hours of service 
        per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated 
as completion of 1,000 hours of service.
    ``(iii) For purposes of clause (ii), the extent to which employment 
in any type of position customarily constitutes less than 1,000 hours 
of service per year shall be determined with respect to each pension 
plan in accordance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances peculiar to the 
work-force constituting the participants in such plan.''.

SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER 
              GROUP HEALTH PLANS.

    (a) In General.--Part 2 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 is amended--
            (1) by redesignating section 211 (29 U.S.C. 1061) as 
        section 212; and
            (2) by inserting after section 210 (29 U.S.C. 1060) the 
        following new section:

``SEC. 211. TREATMENT OF PART-TIME WORKERS UNDER GROUP HEALTH PLANS.

    ``(a) In General.--A reduction in the employer-provided premium 
under a group health plan with respect to any employee for any period 
of coverage solely because the employee's customary employment is less 
than full-time may be provided under such plan only if the employee is 
described in subsection (b) and only to the extent permitted under 
subsection (c).
    ``(b) Reductions Applicable to Employees Working Less Than Full-
Time.--
            ``(1) In general.--An employee is described in this 
        subsection if such employee, as of the beginning of the period 
        of coverage referred to in subsection (a)--
                    ``(A) has customarily completed less than 30 hours 
                of service per week, or
                    ``(B) is employed in a type of position in which 
                employment customarily constitutes less than 30 hours 
                of service per week.
            ``(2) Regulations.--For purposes of paragraph (1), whether 
        employment in any type of position customarily constitutes less 
        than 30 hours of service per week shall be determined with 
        respect to each group health plan in accordance with such 
        regulations as the Secretary may prescribe providing for 
        consideration of facts and circumstances peculiar to the work-
        force constituting the participants in such plan.
    ``(c) Amount of Permissible Reduction.--The employer-provided 
premium under a group health plan with respect to any employee for any 
period of coverage, after the reduction permitted under subsection (a), 
shall not be less than a ratable portion of the employer-provided 
premium which would be provided under such plan for such period of 
coverage with respect to an employee who completes 30 hours of service 
per week.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Group health plan.--The term `group health plan' has 
        the meaning provided such term in section 607(1).
            ``(2) Employer-provided premium.--
                    ``(A) In general.--The term `employer-provided 
                premium' under a plan for any period of coverage means 
                the portion of the applicable premium under the plan 
                for such period of coverage which is attributable under 
                the plan to employer contributions.
                    ``(B) Applicable premium.--For purposes of 
                subparagraph (A), in determining the applicable premium 
                of a group health plan, principles similar to the 
                principles applicable under section 604 shall apply.''.
    (b) Conforming Amendments.--
            (1) Section 201(1) of such Act (29 U.S.C. 1051(1)) is 
        amended by inserting ``, except with respect to section 211'' 
        before the semicolon.
            (2) The table of contents in section 1 of such Act is 
        amended by striking the item relating to section 211 and 
        inserting the following new items:

``211. Treatment of part-time workers under group health plans.
``212. Effective date.''.

SEC. 403. EXPANSION OF DEFINITION OF EMPLOYEE TO INCLUDE CERTAIN 
              INDIVIDUALS WHOSE SERVICES ARE LEASED OR CONTRACTED FOR.

    Paragraph (6) of section 3 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1002(6)) is amended--
            (1) by inserting ``(A)'' after ``(6)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) Such term includes, with respect to any employer, any person 
who is not an employee (within the meaning of subparagraph (A)) of such 
employer and who provides services to such employer, if--
            ``(i) such person has (pursuant to an agreement with such 
        employer or any other person) performed such services for such 
        employer (or for such employer and related persons (within the 
        meaning of section 144(a)(3) of the Internal Revenue Code of 
        1986)) for a period of at least 1 year (6 months in the case of 
        core health benefits) at the rate of at least 500 hours of 
        service per year, and
            ``(ii) such services are of a type historically performed, 
        in the business field of the employer, by employees (within the 
        meaning of subparagraph (A)).''.

SEC. 404. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle shall apply with respect to plan years 
beginning on or after January 1, 2012.
    (b) Special Rule for Collectively Bargained Plans.--In the case of 
a plan maintained pursuant to 1 or more collective bargaining 
agreements between employee representatives and 1 or more employers 
ratified on or before the date of the enactment of this Act, subsection 
(a) shall be applied to benefits pursuant to, and individuals covered 
by, any such agreement by substituting for ``January 1, 2012'' the date 
of the commencement of the first plan year beginning on or after the 
earlier of--
            (1) the later of--
                    (A) January 1, 2012, or
                    (B) the date on which the last of such collective 
                bargaining agreements terminates (determined without 
                regard to any extension thereof after the date of the 
                enactment of this Act), or
            (2) January 1, 2014.
    (c) Plan Amendments.--If any amendment made by this subtitle 
requires an amendment to any plan, such plan amendment shall not be 
required to be made before the first plan year beginning on or after 
January 1, 2012, if--
            (1) during the period after such amendment made by this Act 
        takes effect and before such first plan year, the plan is 
        operated in accordance with the requirements of such amendment 
        made by this subtitle, and
            (2) such plan amendment applies retroactively to the period 
        after such amendment made by this subtitle takes effect and 
        such first plan year.
A plan shall not be treated as failing to provide definitely 
determinable benefits or contributions, or to be operated in accordance 
with the provisions of the plan, merely because it operates in 
accordance with this subsection.

            Subtitle B--United States Business Telework Act

SEC. 411. SHORT TITLE.

    This subtitle may be cited as the ``United States Business Telework 
Act''.

SEC. 412. TELEWORK PILOT PROGRAM.

    (a) Program.--In accordance with this subtitle, the Secretary of 
Labor shall conduct, in not more than 5 States, a pilot program to 
raise awareness about telework among employers and to encourage such 
employers to offer telework options to employees.
    (b) Permissible Activities.--In carrying out the pilot program, the 
Secretary is encouraged to--
            (1) produce educational materials and conduct presentations 
        designed to raise awareness of the benefits and the ease of 
        telework;
            (2) conduct outreach to businesses that are considering 
        offering telework options;
            (3) acquire telework technologies and equipment to be used 
        for demonstration purposes; and
            (4) ensure that expectant and new mothers who are employed 
        by businesses that participate in the pilot program are given 
        the option to telework during the 1-year period after the date 
        of birth.

SEC. 413. REPORT TO CONGRESS.

    Not later than 2 years after the first date on which funds are 
appropriated to carry out this subtitle, the Secretary shall transmit 
to the Congress a report containing the results of an evaluation of the 
pilot program and any recommendations as to whether the pilot program, 
with or without modification, should be expanded.

SEC. 414. DEFINITION.

    In this subtitle, the term ``telework'' means the performance of 
any portion of work functions by an employee outside the normal place 
of business under circumstances which reduce or eliminate the need to 
commute.

SEC. 415. TERMINATION.

    The pilot program shall terminate 2 years after the first date on 
which funds are appropriated to carry out this subtitle.

SEC. 416. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 to carry out this 
subtitle.
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