I 

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 familyfriendly 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, inschool and after school assistance, family care assistance, 

and encouraging the establishment of family-friendly 

workplaces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Balancing Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. 


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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 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Currently 58 percent of married families 

4 with children in the United States, both parents 


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1 work full-time. Seventy-one percent of mothers with 

2 children under age 18 work full-time. 

3 (2) The National Study of the Changing Work4 force found that 75 percent of employed parents in5 dicated that they don’t have enough time with their 

6 children. 

7 (3)(A) A survey conducted by the Boys and 

8 Girls Clubs of America found that more than half of 

9 the respondents indicated that they had little or no 

10 time to spend in physical activities with their chil11 dren. 

12 (B) Parents in 3,500,000 households, rep13 resenting 7,000,000 children, spend an hour or less 

14 a week doing physical activities with their children. 

15 (C) The primary obstacle cited by the parents 

16 to engaging in physical activities with their children 

17 was their work schedules. 

18 (4) According to the National Partnership for 

19 Women and Families, 78 percent of workers who 

20 need leave do not take it because they cannot afford 

21 it. 

22 (5) Nearly every industrialized nation other 

23 than the United States, and most developing na24 tions, provides parents with paid leave for infant 

25 care. 


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1 (6) In the United States, more than half of all 

2 mothers of children under the age of one work. Yet 

3 parents of infants and toddlers face acute problems 

4 finding child care, and child care that is available is 

5 often of mediocre quality. 

6 (7) Since 2000, the cost of child care has in7 creased twice as fast as the median income of fami8 lies with children. According to the National Asso9 ciation of Child Care Resource & Referral Agencies, 

10 the average annual cost of child care ranges from 

11 $4,560 in Mississippi to $18,773 in Massachusetts. 

12 In addition, the annual cost of child care for a 4- 

13 year old is more than the annual in State tuition at 

14 a public four-year college in 36 States and the Dis15 trict of Columbia. 

16 (8) The average annual child care teacher sal17 ary is $20,940, a wage so low that many programs 

18 find it extremely challenging to recruit fully qualified 

19 teachers and to retain them. High turnover rates 

20 make it more difficult to provide quality and con21 tinuity of care. 

22 (9) Only 17 percent of eligible families received 

23 child care assistance through the Child Care Devel24 opment Block Grant, the Social Services Block 

25 Grant, and the Temporary Assistance for Needy 


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1 Families program in 2006. In addition, approxi2 mately 40 percent of eligible preschoolers are able to 

3 participate in the Head Start program. 

4 (10) Among needy students, school nutrition 

5 programs often provide the primary opportunity for 

6 consumption of nutritionally valuable foods. 

7 (11) Breakfast is a critical meal for children 

8 and provides the nutrition necessary to optimize 

9 their learning capacities. 

10 (12) According to a recent nationwide report by 

11 the Afterschool Alliance, approximately 15,000,000 

12 children in the United States are left alone after 

13 school each week without adult supervision. 

14 (13) Violent juvenile crime peaks between the 

15 hours of 3:00 p.m. and 7:00 p.m. and teens are 

16 more likely to be victims of serious violent crime in 

17 the hour after school lets out than any other time 

18 of the day. 

19 (14) The Nation’s communities can benefit 

20 from teleworking, which give workers more time to 

21 spend at home with their families. 

22 (15) Companies with telework programs have 

23 found that telework can boost employee productivity 

24 5 percent to 20 percent, thereby saving businesses 

25 valuable resources and time. 


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1 TITLE I—PAID LEAVE FOR NEW 

2 PARENTS AND FAMILY AND 

3 MEDICAL LEAVE ENHANCE4 MENT ACT 

5 Subtitle A—Paid Leave for New 

6 Parents 

7 SEC. 101. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Family Leave In9 surance Act’’. 

10 SEC. 102. GENERAL DEFINITIONS. 

11 (a) IN GENERAL.—The definitions provided by sec12 tion 101 of the Family and Medical Leave Act of 1993 

13 (29 U.S.C. 2611), other than the definitions of the terms 

14 ‘‘son or daughter’’, shall apply for purposes of this sub15 title. 

16 (b) ADDITIONAL DEFINITIONS.—In this subtitle, the 

17 following additional definitions shall apply: 

18 (1) BOARD OF TRUSTEES.—The term ‘‘Board 

19 of Trustees’’ means the Board of Trustees of the In20 surance Fund. 

21 (2) COVERED AGENCY.—The term ‘‘covered 

22 agency’’, when used with respect to a State, means 

23 the State agency referred to in paragraph (1) of sec24 tion 112(b), or the Commissioner of Social Security 

25 if the Commissioner is carrying out the State Family 


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1 and Medical Insurance Program in the State under 

2 paragraph (2) of such section. 

3 (3) DOMESTIC PARTNER.—The term ‘‘domestic 

4 partner’’ means— 

5 (A) the person recognized as the domestic 

6 partner of the employee under any domestic 

7 partner registry or civil union laws of the State 

8 or political subdivision of a State where the em9 ployee resides; 

10 (B) a same-sex spouse as determined 

11 under the applicable law of the State or polit12 ical subdivision of a State where the employee 

13 resides; or 

14 (C) in the case of an unmarried employee 

15 who lives in a State where a person cannot 

16 marry a person of the same sex under the laws 

17 of the State, a single, unmarried adult person 

18 of the same sex as the employee who is in a 

19 committed, intimate relationship with the em20 ployee, is not a domestic partner to any other 

21 person, and who is designated to the employer 

22 by such employee as that employee’s domestic 

23 partner. 


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1 (4) INSURANCE FUND.—The term ‘‘Insurance 

2 Fund’’ means the Family and Medical Leave Insur3 ance Fund established under section 141. 

4 (5) MANAGING TRUSTEE.—The term ‘‘Man5 aging Trustee’’ means the Managing Trustee of the 

6 Board of Trustees of the Insurance Fund. 

7 (6) SON OR DAUGHTER.—The term ‘‘son or 

8 daughter’’ means a biological, adopted, or foster 

9 child, a stepchild, a legal ward, a child of a person’s 

10 domestic partner, or a child of a person standing in 

11 loco parentis, who is— 

12 (A) under 18 years of age; or 

13 (B) 18 years of age or older and incapable 

14 of self-care because of a mental or physical dis15 ability. 

16 PART 1—FAMILY AND MEDICAL LEAVE 

17 INSURANCE PROGRAM 

18 SEC. 111. PROGRAM DEFINITIONS. 

19 In this part: 

20 (1) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 

21 employee’’ means any of the following: 

22 (A) An employee who— 

23 (i) earned wages with a covered em24 ployer for a minimum of 6 months prior to 


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1 filing an application for leave benefits 

2 under this part; and 

3 (ii) has been employed by the em4 ployer with respect to whom paid leave is 

5 requested for at least 625 hours of service 

6 during the previous 6 months. 

7 (B) An employee— 

8 (i) of a small employer that has elect9 ed to participate in the Program under 

10 this part in accordance with such regula11 tions as the Secretary shall prescribe; and 

12 (ii) who meets the requirements of 

13 subparagraph (A), but is not an employee 

14 of the Federal Government. 

15 (C) A self-employed individual who has— 

16 (i) elected to participate in the Pro17 gram under this part in accordance with 

18 such regulations as the Secretary shall pre19 scribe; 

20 (ii) self-employment income while a 

21 covered employer for 6 of the last 12 

22 months prior to filing an application for 

23 leave benefits under this part; and 

24 (iii) paid premiums under section 

25 1401(c) of the Internal Revenue Code of 


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1 1986 with respect to such self-employment 

2 income. 

3 (2) EMPLOYER-RELATED DEFINITIONS.— 

4 (A) COVERED EMPLOYER.—The term 

5 ‘‘covered employer’’ means a person— 

6 (i) that is— 

7 (I) an employer; 

8 (II) a small employer that has 

9 elected to participate in the Program 

10 under this part in accordance with 

11 such regulations as the Secretary shall 

12 prescribe; or 

13 (III) a self-employed individual 

14 who has elected to so participate; and 

15 (ii) that is not a voluntary plan em16 ployer. 

17 (B) EMPLOYER.—The term ‘‘employer’’ 

18 shall have the meaning given that term in sec19 tion 101(4) of the Family and Medical Leave 

20 Act of 1993 (29 U.S.C. 2611(4)), except that 

21 such term shall include any person who employs 

22 2 or more employees for each working day dur23 ing each of 20 or more calendar workweeks in 

24 the current or preceding calendar year. 


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1 (C) SMALL EMPLOYER.—The term ‘‘small 

2 employer’’— 

3 (i) means any person engaged in com4 merce or in any industry or activity affect5 ing commerce who employs not less than 2 

6 and not more than 19 employees for each 

7 working day during each of 20 or more 

8 calendar workweeks in the current or pre9 ceding calendar year; and 

10 (ii) includes— 

11 (I) any person who acts, directly 

12 or indirectly, in the interest of an em13 ployer described in clause (i) to any of 

14 the employees of such employer; 

15 (II) any successor in interest of 

16 an employer described in clause (i); 

17 and 

18 (III) any public agency, as de19 fined in section 3(x) of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 

21 203(x)) that is an employer described 

22 in clause (i) but is not an entity of the 

23 Federal Government. 

24 (D) VOLUNTARY PLAN EMPLOYER.—The 

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1 ployer for which the Secretary has approved a 

2 voluntary plan under section 114 for the period 

3 involved. 

4 (3) LEAVE BENEFIT.—The term ‘‘leave benefit’’ 

5 means a family and medical leave insurance benefit 

6 described in section 113. 

7 (4) VOLUNTARY PAID BENEFIT.—The term 

8 ‘‘voluntary paid benefit’’ means a family and medical 

9 leave insurance benefit provided under a voluntary 

10 plan approved under section 114 for the period in11 volved. 

12 SEC. 112. ESTABLISHMENT OF PROGRAM. 

13 (a) FEDERAL PROGRAM.—The Secretary of Labor 

14 shall establish a Family and Medical Insurance Program. 

15 (b) STATE PROGRAMS.—In carrying out the Federal 

16 Program established under subsection (a), the Secretary 

17 may— 

18 (1) enter into a contract with a State under 

19 which— 

20 (A) the State agrees to establish, or ex21 pand a State program in effect at the date of 

22 the enactment of this Act to include, a State 

23 Family and Medical Insurance Program that 

24 provides the benefits described in this part; and 


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1 (B) the Secretary agrees to instruct the 

2 Managing Trustee of the Family and Medical 

3 Leave Insurance Fund, established under sec4 tion 141, to provide the State funds for such 

5 benefits from the Insurance Fund; or 

6 (2) at the request of the Governor of a State, 

7 enter into an interagency agreement with the Com8 missioner of Social Security under which— 

9 (A) the Commissioner of Social Security 

10 agrees to establish a State Family and Medical 

11 Insurance Program in such State to provide the 

12 benefits described in this part in such State; 

13 and 

14 (B) the Secretary agrees to instruct the 

15 Managing Trustee of the Insurance Fund to 

16 provide the Commissioner of Social Security 

17 funds for such benefits from the Insurance 

18 Fund. 

19 (c) STATE APPLICATION.—To be eligible to receive 

20 a contract under subsection (b)(1), a State shall submit 

21 an application to the Secretary at such time, in such man22 ner, and containing such information as the Secretary may 

23 require. At a minimum, the application shall include infor24 mation identifying the State agency to carry out the State 


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1 Family and Medical Insurance Program under subsection 

2 (b)(1). 

3 SEC. 113. PROGRAM BENEFITS. 

4 (a) ENTITLEMENT.—Subject to subsections (b), (d), 

5 and (e), an eligible employee of a covered employer shall 

6 be entitled to a family and medical leave insurance benefit 

7 for a total of 12 workweeks of leave during any 12-month 

8 period for 1 or more of the following reasons: 

9 (1) Because of the birth of a son or daughter 

10 of the employee and in order to care for such son 

11 or daughter. 

12 (2) Because of the placement of a son or 

13 daughter with the employee for adoption or foster 

14 care. 

15 (3) In order to care for a child, parent, spouse, 

16 domestic partner, grandchild, grandparent, or sibling 

17 of the employee and who has a serious health condi18 tion. 

19 (4) Because of a serious health condition that 

20 makes the employee unable to perform the functions 

21 of the position of such employee. 

22 (5) Because of any qualifying exigency (as the 

23 Secretary of Labor shall, by regulation, determine) 

24 arising out of the fact that the spouse, or a son, 

25 daughter, or parent of the employee is on active 


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1 duty (or has been notified of an impending call or 

2 order to active duty) in the Armed Forces of the 

3 United States in support of a contingency operation. 

4 (6) In order to care for a child, parent, spouse, 

5 domestic partner, grandchild, grandparent, sibling, 

6 or next of kin of the employee who is a covered serv7 icemember as such term is defined in section 

8 101(16) of the Family and Medical Leave Act of 

9 1993 (29 U.S.C. 2611(16)). 

10 (b) WAITING PERIOD.—During each 12-month pe11 riod described in subsection (a), each eligible employee 

12 shall be subject to a waiting period of 5 workdays of leave 

13 described in subsection (a) (but not more than 7 calendar 

14 days), during which a leave benefit shall not be paid to 

15 the employee. The waiting period shall not reduce the 12 

16 workweeks of leave benefits available under subsection (a). 

17 (c) BENEFIT AMOUNT.— 

18 (1) IN GENERAL.—Subject to paragraph (2), an 

19 eligible employee’s leave benefit for any workday on 

20 which the employee takes leave as described in sub21 section (a) shall be calculated as— 

22 (A) in the case of an employee with an an23 nual income of not more than $20,000, an 

24 amount equal to 100 percent of that employee’s 

25 daily earnings; 


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1 (B) in the case of an employee with an an2 nual income of more than $20,000 and not 

3 more than $30,000, an amount equal to the 

4 greater of— 

5 (i) 75 percent of that employee’s daily 

6 earnings; or 

7 (ii) 100 percent of the daily earnings 

8 of an employee with an annual income of 

9 $20,000; 

10 (C) in the case of an employee with an an11 nual income of more than $30,000 and not 

12 more than $60,000, an amount equal to the 

13 greater of— 

14 (i) 55 percent of that employee’s daily 

15 earnings; or 

16 (ii) 75 percent of the daily earnings of 

17 an employee with an annual income of 

18 $30,000; 

19 (D) in the case of an employee with an an20 nual income of more than $60,000 and not 

21 more than $97,000, an amount equal to the 

22 greater of— 

23 (i) 40 percent of that employee’s daily 

24 earnings; or 


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1 (ii) 55 percent of the daily earnings of 

2 an employee with an annual income of 

3 $60,000; and 

4 (E) in the case of an employee with an an5 nual income of more than $97,000, an amount 

6 equal to 40 percent of the daily earnings of an 

7 employee with an annual income of $97,000. 

8 (2) INDEXING OF ANNUAL INCOME CAT9 EGORIES.— 

10 (A) IN GENERAL.—The Secretary shall 

11 index the annual income amounts specified in 

12 paragraph (1) for each calendar year, using the 

13 national average wage index, as determined 

14 under section 209(k) of the Social Security Act 

15 (42 U.S.C. 409(k)). 

16 (B) PUBLICATION.—Not later than the 

17 November 1 preceding each calendar year, the 

18 Secretary shall publish in the Federal Register 

19 the indexed amount determined under subpara20 graph (A) for that calendar year. 

21 (d) APPLICATION.— 

22 (1) IN GENERAL.—To be eligible to receive a 

23 family and medical insurance benefit under this part 

24 in a State, an eligible employee shall submit an ap25 plication to the covered agency for the State at such 


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1 time, in such manner, and containing the informa2 tion specified in paragraph (3) and such additional 

3 information as the agency may require. 

4 (2) IRREVOCABILITY FOR SELF-EMPLOYED IN5 DIVIDUALS.—An election by a self-employed indi6 vidual to participate in the Program shall be irrev7 ocable. 

8 (3) CERTIFICATION REQUIREMENTS.—The cov9 ered agency shall require each of the following, as 

10 part of the application for benefits under this section 

11 in connection with any leave: 

12 (A) A certification, submitted in a timely 

13 manner, issued by the health care provider of 

14 the eligible employee or of the child, spouse, 

15 parent, domestic partner, grandchild, grand16 parent or sibling of the employee, as appro17 priate, and similar to the certification described 

18 section 103(b) of the Family and Medical Leave 

19 Act of 1993 (29 U.S.C. 2613(b)) in connection 

20 with such leave. 

21 (B) In any case in which the covered agen22 cy has reason to doubt the validity of the cer23 tification provided under subparagraph (A), the 

24 Secretary may require, at the expense of the 

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1 tain the opinion of a second health care pro2 vider designated or approved by the agency con3 cerning any information certified under sub4 paragraph (A). 

5 (C) In any case in which the second opin6 ion described in subparagraph (B) differs from 

7 the opinion in the original certification provided 

8 under subparagraph (A), the covered agency 

9 may require, at the expense of the agency, that 

10 the employee obtain the opinion of a third 

11 health care provider designated or approved 

12 jointly by the agency and the employee con13 cerning the information certified under sub14 paragraph (A). The opinion of the third health 

15 care provider concerning such information shall 

16 be considered to be final and shall be binding 

17 on the agency and the employee. 

18 (e) PAYMENT OF BENEFITS.— 

19 (1) PAYMENT FROM INSURANCE FUND.—Pay20 ments of benefits required to be made under this 

21 section shall be made only from the Insurance Fund 

22 established under section 141. 

23 (2) CERTIFICATION AND PAYMENT.—On the 

24 final decision of a covered agency or on the final 

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1 suant to paragraph (3) that any person is entitled 

2 to any payment under this section— 

3 (A) the covered agency shall certify to the 

4 Managing Trustee of the Board of Trustees of 

5 the Insurance Fund the name and address of 

6 the person entitled to receive such payment, the 

7 amount of such payment, and the time at which 

8 such payment shall be made; 

9 (B) the Managing Trustee shall pay the 

10 certified amount from the Insurance Fund to 

11 the covered agency; and 

12 (C) the covered agency shall make the pay13 ment to the person. 

14 (3) REVIEW.—Any eligible employee dissatisfied 

15 with any initial determination under this section 

16 shall be entitled to reconsideration of the determina17 tion, and a hearing on the determination, by the 

18 Secretary to the same extent as is provided in sec19 tion 205(b) of the Social Security Act (42 U.S.C. 22 

20 405(b)) and to judicial review of the final decision 

21 after such hearing as is provided in section 205(g) 

22 of the Social Security Act (42 U.S.C. 405(g)). 

23 (4) WITHHOLDING OF CERTIFICATION.—In any 

24 case in which a review of the covered agency’s deci25 sion is or may be sought under paragraph (3), the 


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1 covered agency may withhold certification of pay2 ment pending such review. 

3 (5) OTHER COMPENSATION.—Except as pro4 vided in section 115, no employee shall be eligible to 

5 receive paid leave benefits under this part for any 

6 period during which— 

7 (A) the employee is receiving worker’s 

8 compensation or compensation through unem9 ployment insurance in connection with the event 

10 for which the employee is taking the leave; or 

11 (B) the employee is receiving paid leave 

12 benefits from an employer under a voluntary 

13 employer plan approved under section 114. 

14 (f) REGULATIONS.—The Secretary shall issue regula15 tions to carry out this section, including the determination 

16 of benefits for leave taken intermittently or on a reduced 

17 leave schedule, or for leave taken by a part-time, seasonal, 

18 or intermittent employee. 

19 SEC. 114. VOLUNTARY EMPLOYER PLAN. 

20 (a) IN GENERAL.—Any employer may submit an ap21 plication to the Secretary for approval of a voluntary plan. 

22 The Secretary may require the employer to resubmit the 

23 plan for approval on a annual basis. During a period for 

24 which the Secretary has approved a plan, the applicant 


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1 shall provide a voluntary paid benefit under the plan rath2 er than participating in the Program. 

3 (b) APPROVAL.—The Secretary shall approve the vol4 untary plan of the applicant if the Secretary finds each 

5 of the following with respect to the applicant: 

6 (1) The rights afforded to the employees cov7 ered under the plan are equal to or greater than the 

8 rights afforded through the Program. 

9 (2) The plan has been made available to all of 

10 the employees of the applicant employed in the 

11 United States or to all employees at any 1 distinct, 

12 separate establishment maintained by the applicant 

13 in the United States. 

14 (3) A majority of the employees of the employer 

15 employed in the United States or a majority of the 

16 employees employed at any one distinct, separate es17 tablishment maintained by the employer in the 

18 United States have consented to the plan. 

19 (4) The plan provides for insurance to be issued 

20 by an admitted disability insurer approved by the 

21 Secretary or equivalent insurance (which may be 

22 self-insurance). 

23 (5) The applicant has consented to the plan and 

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1 quired, if any, and transmit the proceeds to the dis2 ability insurer, if any. 

3 (6) The plan provides for the inclusion of future 

4 employees. 

5 (7)(A) The plan will be in effect for a period of 

6 not less than 1 year and, thereafter, continuously 

7 unless the Secretary finds that the applicant has 

8 given notice of intent to terminate the plan, as de9 scribed in subparagraph (B), and that the fee de10 scribed in subparagraph (C) has been paid. 

11 (B) The notice shall be filed in writing with the 

12 Secretary and shall be effective— 

13 (i) on the anniversary of the effective date 

14 of the plan next following the date of the filing 

15 of the notice; or 

16 (ii) if such anniversary would occur less 

17 than 30 days after the date of the filing of the 

18 notice, on the next anniversary of that effective 

19 date. 

20 (C) The applicant shall pay a fee to the Sec21 retary in such amount as the Secretary determines 

22 to be adequate to provide leave benefits under this 

23 part to all eligible employees of the applicant for a 

24 period of at least 4 months, plus an amount to pay 


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1 administrative costs related to processing and paying 

2 such benefits. 

3 (D) Amounts received by the Secretary under 

4 this paragraph shall be deposited in the Insurance 

5 Fund. 

6 (8) The amount of deductions from the wages 

7 of an employee that is in effect for the plan shall not 

8 be increased on any date other than on the date of 

9 an anniversary of the effective date of the plan. 

10 (c) ORDERS AND WITHDRAWAL OF APPROVAL.—If 

11 the Secretary finds that a voluntary plan employer is not 

12 paying voluntary paid benefits required under the vol13 untary plan to the employees under the plan, the Secretary 

14 may order the employer to make the payments. If the Sec15 retary finds that a voluntary plan employer is not com16 plying with the provisions of the plan, including by not 

17 paying voluntary paid benefits required under the plan, 

18 the Secretary may revoke the Secretary’s approval for the 

19 plan, and require the employer to participate in the Pro20 gram. 

21 SEC. 115. ADDITIONAL BENEFITS. 

22 (a) ADDITIONAL EMPLOYER BENEFITS.— 

23 (1) COVERED EMPLOYERS.—Nothing in this 

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1 junction with leave described in section 113(a) to an 

2 eligible employee, in addition to the leave benefit 

3 provided to that employee. The additional employer 

4 benefit shall not reduce the amount of the leave ben5 efit that an eligible employee receives under this 

6 part. 

7 (2) VOLUNTARY PLAN EMPLOYERS.—Nothing 

8 in this part shall be construed to discourage a vol9 untary plan employer from providing an additional 

10 benefit in conjunction with leave described in section 

11 113(a) to an employee, in addition to the voluntary 

12 paid benefit provided to that employee. The addi13 tional employer benefit shall not reduce the amount 

14 of the voluntary paid benefit that an employee re15 ceives under a voluntary plan described in section 

16 114. 

17 (b) COLLECTIVE BARGAINING.— 

18 (1) MORE PROTECTIVE.—Nothing in this part 

19 shall be construed to diminish the obligation of a 

20 covered employer or voluntary plan employer to com21 ply with any collective bargaining agreement or any 

22 employment benefit program or plan that provides 

23 greater paid leave rights to employees than the 

24 rights established under this part (including rights 

25 established under a plan described in section 114). 


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1 (2) LESS PROTECTIVE.—The rights established 

2 for employees under this part (including rights es3 tablished under a plan described in section 114) 

4 shall not be diminished by any collective bargaining 

5 agreement or any employment benefit program or 

6 plan. 

7 SEC. 116. PROHIBITED ACTS BY EMPLOYER. 

8 (a) INTERFERENCE WITH RIGHTS.—It shall be un9 lawful for any covered employer to interfere with, restrain, 

10 or deny the exercise of or the attempt to exercise, any 

11 right provided under this part. 

12 (b) DISCRIMINATION.—It shall be unlawful for any 

13 covered employer to discharge or in any other manner dis14 criminate against any individual for opposing any practice 

15 made unlawful by this part. 

16 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR17 IES.—It shall be unlawful for any person to discharge or 

18 in any other manner discriminate against any individual 

19 because such individual— 

20 (1) has filed any charge, or has instituted or 

21 caused to be instituted any proceeding, under or re22 lated to this part; 

23 (2) has given, or is about to give, any informa24 tion in connection with any inquiry or proceeding re25 lating to any right provided under this part; or 


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1 (3) has testified, or is about to testify, in any 

2 inquiry or proceeding relating to any right provided 

3 under this part. 

4 SEC. 117. ENFORCEMENT. 

5 (a) CIVIL ACTION BY EMPLOYEES.— 

6 (1) LIABILITY.—Any covered employer who vio7 lates section 116 shall be liable to any eligible em8 ployee affected— 

9 (A) for damages equal to— 

10 (i) the amount of— 

11 (I) any wages, salary, employ12 ment benefits, or other compensation 

13 denied or lost to such employee by 

14 reason of the violation; or 

15 (II) in a case in which wages, 

16 salary, employment benefits, or other 

17 compensation have not been denied or 

18 lost to the employee, any actual mone19 tary losses sustained by the employee 

20 as a direct result of the violation, such 

21 as the cost of providing care, up to a 

22 sum equal to 8 weeks of wages or sal23 ary for the employee; 


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1 (ii) the interest on the amount de2 scribed in clause (i) calculated at the pre3 vailing rate; and 

4 (iii) an additional amount as liq5 uidated damages equal to the sum of the 

6 amount described in clause (i) and the in7 terest described in clause (ii), except that 

8 if a covered employer who has violated sec9 tion 116 proves to the satisfaction of the 

10 court that the act or omission which vio11 lated section 116 was in good faith and 

12 that the employer had reasonable grounds 

13 for believing that the act or omission was 

14 not a violation of section 116, such court 

15 may, in the discretion of the court, reduce 

16 the amount of the liability to the amount 

17 and interest determined under clauses (i) 

18 and (ii), respectively; and 

19 (B) for such equitable relief as may be ap20 propriate, including employment, reinstatement, 

21 and promotion. 

22 (2) RIGHT OF ACTION.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), an action to recover the 

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1 graph (1) may be maintained against any cov2 ered employer (including a public agency) in 

3 any Federal or State court of competent juris4 diction by any 1 or more employees for and on 

5 behalf of— 

6 (i) the employees; or 

7 (ii) the employees and other employ8 ees similarly situated. 

9 (B) LIMITATION.—The right provided by 

10 subparagraph (A) to bring an action by or on 

11 behalf of any employee shall terminate— 

12 (i) on the filing of a complaint by the 

13 Secretary in an action under subsection 

14 (b)(3) in which restraint is sought of any 

15 further delay in the payment of the 

16 amount described in paragraph (1)(A) to 

17 such employee by an employer responsible 

18 under paragraph (1) for the payment; or 

19 (ii) on the filing of a complaint by the 

20 Secretary in an action under paragraph (1) 

21 or (2) of subsection (b) in which a recovery 

22 is sought of the damages described in 

23 paragraph (1)(A) owing to an eligible em24 ployee by an employer liable under para25 graph (1), 


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1 unless the action described in clause (i) or (ii) 

2 is dismissed without prejudice on motion of the 

3 Secretary. 

4 (3) FEES AND COSTS.—The court in an action 

5 brought under this subsection shall, in addition to 

6 any judgment awarded to the plaintiff, allow a rea7 sonable attorneys’ fee, reasonable expert witness 

8 fees, and other costs of the action to be paid by the 

9 defendant. 

10 (b) ACTIONS BY THE SECRETARY.— 

11 (1) ADMINISTRATIVE ACTION.—The Secretary 

12 shall receive, investigate, and attempt to resolve 

13 complaints of violations of section 116 in the same 

14 manner that the Secretary receives, investigates, and 

15 attempts to resolve complaints of violations of sec16 tions 6 and 7 of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 206 and 207). 

18 (2) CIVIL ACTION.— 

19 (A) RIGHT OF ACTION.—The Secretary 

20 may bring an action in any court of competent 

21 jurisdiction to recover the damages described in 

22 subsection (a)(1)(A). 

23 (B) SUMS RECOVERED.—Any sums recov24 ered by the Secretary pursuant to this para25 graph shall be held in a special deposit account 


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1 and shall be paid, on order of the Secretary, di2 rectly to each employee affected. Any such sums 

3 not paid to an employee because of inability to 

4 do so within a period of 3 years shall be depos5 ited into the Treasury of the United States as 

6 miscellaneous receipts. 

7 (3) ACTION FOR INJUNCTION BY THE SEC8 RETARY.—The district courts of the United States 

9 shall have jurisdiction, for cause shown, in an action 

10 brought by the Secretary— 

11 (A) to restrain violations of section 116, 

12 including the restraint of any withholding of 

13 payment of wages, salary, employment benefits, 

14 or other compensation, plus interest, found by 

15 the court to be due to eligible employees; or 

16 (B) to award such other equitable relief as 

17 may be appropriate, including employment, re18 instatement, and promotion. 

19 (4) SOLICITOR OF LABOR.—The Solicitor of 

20 Labor may appear for and represent the Secretary 

21 on any litigation brought under this subsection. 

22 (c) LIMITATION.— 

23 (1) Except as provided in paragraph (2), an ac24 tion may be brought under subsections (a) or (b) not 

25 later than 2 years after the date of the last event 


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1 constituting the alleged violation for which the ac2 tion is brought. 

3 (2) WILLFUL VIOLATION.—In the case of such 

4 action brought for a willful violation of section 116, 

5 such action may be brought within 3 years of the 

6 date of the last event constituting the alleged viola7 tion for which such action is brought. 

8 (3) COMMENCEMENT.—In determining when an 

9 action is commenced by the Secretary for the pur10 poses of this subsection, it shall be considered to be 

11 commenced on the date when the complaint is filed. 

12 (d) INVESTIGATIVE AUTHORITY.— 

13 (1) IN GENERAL.—To ensure compliance with 

14 the provisions of this part, or any regulation or 

15 order issued under this part, the Secretary shall 

16 have, subject to paragraph (3), the investigative au17 thority provided under section 11(a) of the Fair 

18 Labor Standards Act of 1938 (29 U.S.C. 211(a)). 

19 (2) OBLIGATION TO KEEP AND PRESERVE

20 RECORDS.—Any covered employer shall make, keep, 

21 and preserve records pertaining to compliance with 

22 this part in accordance with section 11(c) of the 

23 Fair Labor Standards Act of 1938 (29 U.S.C. 

24 211(c)) and in accordance with regulations issued by 


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1 the Secretary. The Secretary shall have access to the 

2 records for purposes of conducting audits. 

3 (3) REQUIRED SUBMISSIONS GENERALLY LIM4 ITED TO AN ANNUAL BASIS.—The Secretary shall 

5 not under the authority of this subsection require 

6 any covered employer or any plan, fund, or program 

7 to submit to the Secretary any books or records 

8 more than once during any 12-month period, unless 

9 the Secretary has reasonable cause to believe there 

10 may exist a violation of this part or any regulation 

11 or order issued pursuant to this part, or is inves12 tigating a charge pursuant to subsection (b). 

13 (4) SUBPOENA POWER.—For the purposes of 

14 any investigation provided for in this section, the 

15 Secretary shall have the subpoena authority provided 

16 for under section 9 of the Fair Labor Standards Act 

17 of 1938 (29 U.S.C. 209). 

18 SEC. 118. PENALTIES. 

19 (a) PENALTIES FOR SUBMISSION OF FALSE CERTIFI20 CATIONS.—If the Secretary finds that any individual sub21 mits a false certification of the health condition of any 

22 person in order to obtain leave benefits under this part 

23 with the intent to defraud, the Secretary shall assess a 

24 penalty against the individual in an amount up to 100 per25 cent of the benefits paid as a result of the false certifiVerDate Mar 15 2010 02:35 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 cation. Penalties collected under this subsection shall be 

2 deposited in the Insurance Fund, notwithstanding the pro3 visions of title 31, United States Code and used to reim4 burse the covered employers involved for the amount of 

5 the leave benefits. 

6 (b) CRIMINAL PENALTIES FOR FALSE STATEMENTS

7 AND SOLICITATIONS.—Whoever— 

8 (1) makes or causes to be made any false state9 ment in support of an application for leave benefits 

10 under this part; 

11 (2) knowingly presents or causes to be pre12 sented any false written or oral material statement 

13 in support of any claim for leave benefits under this 

14 part; 

15 (3) knowingly solicits, receives, offers, pays, or 

16 accepts any rebate, refund, commission, preference, 

17 patronage, dividend, discount, or other consider18 ation, whether in the form of money or otherwise, as 

19 compensation or inducement for soliciting a claimant 

20 to apply for leave benefits under this part, except to 

21 the extent authorized by a law of the United States; 

22 or 

23 (4) knowingly assists, abets, solicits, or con24 spires with any person to engage in an act that is 

25 prohibited under paragraph (1), (2), or (3), 


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1 shall be guilty of a felony and upon conviction shall be 

2 fined under title 18, United States Code, or imprisoned 

3 for not more than 5 years, or both. 

4 SEC. 119. EDUCATION PROGRAMS. 

5 (a) AUTHORITY.—The Secretary shall develop and 

6 maintain a program of education concerning the rights 

7 and leave benefits under this part. 

8 (b) NOTICE TO EMPLOYERS.—The Secretary shall 

9 provide to each covered employer a notice informing em10 ployees of the rights and leave benefits available under this 

11 part. The notice shall be given by every covered employer 

12 to each employee hired, and to each employee taking leave 

13 as described in section 113(a). 

14 SEC. 120. REGULATIONS. 

15 The Secretary shall issue regulations to carry out this 

16 part. 

17 SEC. 121. EFFECTIVE DATE. 

18 This part shall take effect on January 1, 2012, and 

19 apply to periods of leave that commence on or after Janu20 ary 1, 2013. 

21 PART 2—CIVIL SERVICE FAMILY AND MEDICAL 

22 LEAVE INSURANCE PROGRAM 

23 SEC. 131. PROGRAM DEFINITIONS. 

24 In this part: 


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1 (1) AGENCY.—The term ‘‘agency’’ means an 

2 agency covered under subchapter V of chapter 63 of 

3 title 5, United States Code. 

4 (2) AGENCY EMPLOYEE.—The term ‘‘agency 

5 employee’’ means an employee who— 

6 (A) meets the requirements of paragraph 

7 (1) of section 6381 of title 5, United States 

8 Code; and 

9 (B) has earned wages with an agency for 

10 12 of the last 18 months, prior to filing an ap11 plication for leave benefits under this part. 

12 SEC. 132. ESTABLISHMENT OF PROGRAM. 

13 (a) IN GENERAL.—The Director of the Office of Per14 sonnel Management shall establish a Civil Service Family 

15 and Medical Leave Insurance Program, and shall issue 

16 regulations providing for the implementation of the pro17 gram. In issuing the regulations, the Director shall require 

18 that the Director shall provide, or that the agencies shall 

19 provide, family and medical leave insurance benefits de20 scribed in section 113 to agency employees. The regula21 tions issued under this subsection shall include provisions 

22 that are the same as regulations issued by the Secretary 

23 to implement the statutory provisions of sections 113, 

24 115, 119, and 120, except insofar as the Director may 

25 determine, for good cause shown and stated together with 


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1 the regulations, that a modification of the regulations 

2 would be more effective for the implementation of the 

3 rights and protections under those sections. The regula4 tions shall provide for appropriate remedies and proce5 dures for violations of this part. 

6 (b) PAYMENT.—At the direction of the Director or 

7 the head of an agency, as specified in the regulations, the 

8 Managing Trustee shall pay funds from the Insurance 

9 Fund for the leave benefits. 

10 PART 3—FAMILY AND MEDICAL LEAVE 

11 INSURANCE FUND 

12 SEC. 141. ESTABLISHMENT. 

13 (a) IN GENERAL.—There is created in the Treasury 

14 of the United States a trust fund to be known as the Fam15 ily and Medical Leave Insurance Fund. The Insurance 

16 Fund shall consist of such amounts as may be deposited 

17 in, or appropriated to, such fund as provided in this sec18 tion. 

19 (b) APPROPRIATIONS TO INSURANCE FUND.— 

20 (1) AMOUNTS APPROPRIATED.—There is appro21 priated to the Insurance Fund for fiscal year 2012 

22 and each fiscal year thereafter, out of any moneys 

23 in the Treasury not otherwise appropriated, amounts 

24 equivalent to 100 percent of— 


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1 (A) the family and medical leave premiums 

2 imposed by sections 3101(c) and 3111(c) of the 

3 Internal Revenue Code of 1986 with respect to 

4 wages (as defined in section 3121 of such Code) 

5 reported to the Secretary of the Treasury or the 

6 Secretary’s delegate under subtitle F of such 

7 Code after December 31, 2010, as determined 

8 by the Secretary of the Treasury by applying 

9 the applicable rates of premium payment under 

10 such sections to such wages, which wages shall 

11 be certified by the Commissioner of Social Se12 curity; 

13 (B) on the basis of the records of wages 

14 established and maintained by the Commis15 sioner of the Social Security Administration in 

16 accordance with such reports; 

17 (C) the family and medical leave premiums 

18 imposed by section 1401(c) of such Code with 

19 respect to self-employment income (as defined 

20 in section 1402 of such Code) reported to the 

21 Secretary of the Treasury or the Secretary’s 

22 delegate on tax returns under subtitle F of such 

23 Code after December 31, 2009, as determined 

24 by the Secretary of the Treasury by applying 

25 the applicable rate of premium payment under 


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1 such section 1401(c) to such self-employment 

2 income, which self-employment income shall be 

3 certified by the Commissioner of Social Secu4 rity; and 

5 (D) on the basis of the records of self-em6 ployment income established and maintained by 

7 the Commissioner of Social Security in accord8 ance with such returns. 

9 (2) TRANSFERS.—Such appropriated amounts 

10 shall be transferred from time to time from the gen11 eral fund of the Treasury to the Insurance Fund. 

12 Such amounts shall be determined on the basis of 

13 estimates by the Secretary of the Treasury of the 

14 premiums, specified in paragraph (1), paid to or de15 posited into the Treasury, and proper adjustments 

16 shall be made in amounts subsequently transferred 

17 to the extent prior estimates were in excess of or 

18 were less than such premiums. 

19 (3) INVESTMENTS.—All amounts transferred to 

20 the Insurance Fund under paragraph (2) shall be in21 vested by the Managing Trustee referred to in sec22 tion 312(c) in the same manner and to the same ex23 tent as the other assets of the Insurance Fund. 


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1 SEC. 142. BOARD OF TRUSTEES. 

2 (a) ESTABLISHMENT AND MEMBERSHIP.—With re3 spect to the Insurance Fund, there is established a body 

4 to be known as the Board of Trustees of the Insurance 

5 Fund which shall be composed of the Secretary of the 

6 Treasury, the Secretary of Labor, the Commissioner of 

7 Social Security, and the Secretary of Health and Human 

8 Services, all ex officio, and of two members of the public 

9 (both of whom may not be from the same political party), 

10 who shall be nominated by the President, by and with the 

11 advice and consent of the Senate. 

12 (b) TERMS AND VACANCIES.—Members of the Board 

13 of Trustees shall serve for a period of 4 years. A member 

14 of the Board of Trustees nominated and confirmed as a 

15 member of the public to fill a vacancy occurring during 

16 a term shall be nominated and confirmed only for the re17 mainder of such term. An individual nominated and con18 firmed as a member of the public may serve in such posi19 tion after the expiration of such member’s term until the 

20 earlier of the date on which the member’s successor takes 

21 office or the date on which a report of the Board is first 

22 issued under paragraph (2) after the expiration of the 

23 member’s term. 

24 (c) MANAGING TRUSTEE AND SECRETARY.—The 

25 Secretary of the Treasury shall be the Managing Trustee 


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1 of the Board of Trustees. The Secretary of Labor shall 

2 serve as the Secretary of the Board of Trustees. 

3 (d) BASIC DUTIES OF THE BOARD OF TRUSTEES.— 

4 The Board of Trustees shall meet not less frequently than 

5 once each calendar year. It shall be the duty of the Board 

6 of Trustees to— 

7 (1) hold the Insurance Fund; 

8 (2) report to Congress not later than April 1 of 

9 each year— 

10 (A) on the operation and status of the In11 surance Fund during the fiscal year preceding 

12 the fiscal year in which the report is made; and 

13 (B) on the expected operation and status 

14 of the Insurance Fund during the fiscal year in 

15 which the report is made and the next 2 fiscal 

16 years; 

17 (3) report immediately to Congress whenever 

18 the Board is of the opinion that the amount in the 

19 Insurance Fund is unduly small; and 

20 (4) review the general policies followed in man21 aging the Insurance Fund, and recommend changes 

22 in such policies, including necessary changes in the 

23 provisions of law that govern the way in which the 

24 Insurance Fund is to be managed. 


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1 (e) REQUIREMENTS RELATING TO ANNUAL RE2 PORT.—The report provided for in subsection (d)(2) shall 

3 include a statement of the assets of, and the disburse4 ments made from, the Insurance Fund during the fiscal 

5 year preceding the fiscal year in which the report is made, 

6 an estimate of the expected income to, and disbursements 

7 to be made from, the Insurance Fund during the fiscal 

8 year in which the report is made and each of the next 

9 two fiscal years, and a statement of the actuarial status 

10 of the Insurance Fund. Such report shall also include an 

11 actuarial opinion by an appropriate employee of the De12 partment of Labor certifying that the techniques and 

13 methodologies used for the report are generally accepted 

14 within the actuarial profession and that the assumptions 

15 and cost estimates used for the report are reasonable. 

16 (f) LIABILITY.—A person serving as a member of the 

17 Board of Trustees shall not be considered to be a fiduciary 

18 and shall not be personally liable for actions taken in such 

19 capacity with respect to the Insurance Fund. 

20 SEC. 143. INVESTMENT OF THE FAMILY AND MEDICAL 

21 LEAVE INSURANCE FUND. 

22 (a) OBLIGATIONS.—It shall be the duty of the Man23 aging Trustee to invest such portion of the Insurance 

24 Fund as is not, in the trustee’s judgment, required to meet 

25 current withdrawals. Such investments may be made only 


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1 in interest-bearing obligations of the United States or in 

2 obligations guaranteed as to both principal and interest 

3 by the United States. 

4 (b) ACQUISITION.—The obligations referred to in 

5 subsection (a) may be acquired— 

6 (1) on original issue at the issue price; or 

7 (2) by purchase of outstanding obligations at 

8 the market price. 

9 (c) OBLIGATIONS ISSUED FOR PURCHASE BY

10 FUND.—The purposes for which obligations of the United 

11 States may be issued under chapter 31 of title 31, United 

12 States Code, are extended to authorize the issuance at par 

13 of public debt obligations for purchase by the Insurance 

14 Fund. Such obligations issued for purchase by the Insur15 ance Fund shall have dates of maturity fixed with due re16 gard for the needs of the Insurance Fund. Such obliga17 tions shall bear interest at a rate equal to— 

18 (1) except as provided in paragraph (2), the av19 erage market yield (computed by the Managing 

20 Trustee on the basis of market quotations as of the 

21 end of the calendar month preceding the date of 

22 such issue) on all marketable interest-bearing obliga23 tions of the United States forming a part of the 

24 public debt that are not due or callable until after 


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1 the expiration of four years from the end of such 

2 calendar month; or 

3 (2) in a case in which such average market 

4 yield is not a multiple of 0.1 percent, the multiple 

5 of 0.1 percent nearest such market yield. 

6 (d) OTHER OBLIGATIONS.—The Managing Trustee 

7 may purchase interest-bearing obligations of the United 

8 States that are not described in subsection (c) or obliga9 tions guaranteed as to both principal and interest by the 

10 United States, on original issue or at the market price, 

11 only in cases in which the trustee determines that the pur12 chase of obligations described in this paragraph is in the 

13 public interest. 

14 (e) DISPOSITION AND REDEMPTION OF OBLIGA15 TIONS.—Any obligations acquired by the Insurance Fund 

16 (except public debt obligations issued exclusively to the In17 surance Fund) may be sold by the Managing Trustee at 

18 the market price, and such public debt obligations may 

19 be redeemed at par plus accrued interest. 

20 (f) CREDITING OF INTEREST AND PROCEEDS.—The 

21 interest on, and the proceeds from the sale or redemption 

22 of, any obligations held in the Insurance Fund shall be 

23 credited to and form a part of the Insurance Fund. 


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1 SEC. 144. PAYMENTS FROM FAMILY AND MEDICAL LEAVE 

2 INSURANCE FUND. 

3 The Managing Trustee shall pay from time to time 

4 from the Insurance Fund such amounts as the Secretary 

5 of Labor certifies are necessary to make the payments pro6 vided for by section 113, and payments with respect to 

7 administrative expenses under section 145. 

8 SEC. 145. ADMINISTRATIVE EXPENSES. 

9 (a) AVAILABILITY OF INSURANCE FUND.—Under 

10 regulations that shall be prescribed by the Secretary of 

11 Labor, funds shall be made available from the Insurance 

12 Fund in connection with the administration of this subtitle 

13 and the administration of related provisions of the Inter14 nal Revenue Code of 1986 in the same manner and extent 

15 as funds are made available from the trust funds referred 

16 to in section 201(g) of the Social Security Act (42 U.S.C. 

17 401(g)) in connection with the administration of the rel18 evant provisions referred to in such section. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be made available for expenditure such 

21 amounts as Congress may determine to be appropriate to 

22 pay the costs of the part of the administration of this sub23 title (including start-up costs, technical assistance, and 

24 costs for small employers electing to participate in the 

25 Family and Medical Leave Insurance Program) for which 

26 the Secretary of Labor is responsible. 


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1 (c) GIFTS AND BEQUESTS.—The Managing Trustee 

2 may accept on behalf of the United States money gifts 

3 and bequests made unconditionally to the Insurance Fund 

4 for the benefit of the Insurance Fund or any activity fi5 nanced through the Insurance Fund and such gifts and 

6 bequests shall be deposited into the Insurance Fund. 

7 (d) PROCESSING OF TAX DATA.—Section 232 of the 

8 Social Security Act (42 U.S.C. 432) shall apply with re9 spect to this subtitle, in the same manner and to the same 

10 extent as such section applies with respect to title II of 

11 the Social Security Act (42 U.S.C. 401 et seq.). 

12 SEC. 146. AMENDMENTS TO THE INTERNAL REVENUE CODE 

13 OF 1986. 

14 (a) EMPLOYEE PREMIUMS.—Section 3101 of the In15 ternal Revenue Code of 1986 (relating to tax on employ16 ees) is amended— 

17 (1) by redesignating subsection (c) as sub18 section (d); and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection: 

21 ‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 

22 ‘‘(1) IN GENERAL.—In addition to the taxes im23 posed by subsections (a) and (b), there is imposed 

24 on the income of every individual a family and med25 ical leave premium equal to the applicable percentVerDate Mar 15 2010 02:35 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 age of the wages (as defined in section 3121(a)) re2 ceived by the individual with respect to employment 

3 (as defined in section 3121(b)). 

4 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

5 of paragraph (1), the applicable percentage is— 

6 ‘‘(A) 0.1 percent with respect to periods of 

7 employment by a small employer (as defined in 

8 section 103(b) of the Family Leave Insurance 

9 Act) electing to participate in the Family and 

10 Medical Leave Insurance Program (established 

11 under section 112 of such Act); and 

12 ‘‘(B) 0.2 percent with respect to all other 

13 periods of employment. 

14 ‘‘(3) EXCEPTION FOR CERTAIN EMPLOY15 MENT.—Paragraph (1) shall not apply with respect 

16 to a period of employment— 

17 ‘‘(A) by an employer during which the Sec18 retary of Labor determines the employer has in 

19 effect a plan which is equivalent to or better 

20 than the Family and Medical Leave Insurance 

21 Program (established under section 112 of the 

22 Family Leave Insurance Act); or 

23 ‘‘(B) by a small employer (as so defined) 

24 who has not elected to participate in such Pro25 gram. 


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1 For purposes of the preceding sentence, the Sec2 retary of Labor shall prescribe such regulations as 

3 may be appropriate or necessary, including regula4 tions requiring documentation of employer pro5 grams.’’. 

6 (b) EMPLOYER PREMIUMS.—Section 3111 of the In7 ternal Revenue Code of 1986 (relating to tax on employ8 ers) is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection: 

13 ‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 

14 ‘‘(1) IN GENERAL.—In addition to the excise 

15 taxes imposed by subsections (a) and (b), there is 

16 imposed on every employer a family and medical 

17 leave premium, with respect to having individuals in 

18 such employer’s employ, equal to the applicable per19 centage of the wages (as defined in section 3121(a)) 

20 paid by such employer with respect to employment 

21 (as defined in section 3121(b)). 

22 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

23 of paragraph (1), the applicable percentage is— 

24 ‘‘(A) 0.1 percent with respect to small em25 ployers (as defined in section 103(b) of the 


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1 Family Leave Insurance Act) electing to par2 ticipate in the Family and Medical Leave Insur3 ance Program (established under section 112 of 

4 such Act); and 

5 ‘‘(B) 0.2 percent with respect to all other 

6 employers. 

7 ‘‘(3) EXCEPTION FOR CERTAIN EMPLOYERS.— 

8 Paragraph (1) shall not apply for any period with 

9 respect to an employer to whom paragraph (1) of 

10 section 3101(c) does not apply by reason of para11 graph (3) thereof.’’. 

12 (c) SELF-EMPLOYED PREMIUMS.—Section 1401 of 

13 the Internal Revenue Code of 1986 is amended— 

14 (1) by redesignating subsection (c) as sub15 section (d); and 

16 (2) by inserting after subsection (b) the fol17 lowing new subsection: 

18 ‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 

19 ‘‘(1) IN GENERAL.—In addition to the taxes im20 posed by subsections (a) and (b), there is imposed 

21 for each taxable year, on the self-employment income 

22 of every individual, a family and medical leave pre23 mium equal to 0.4 percent of the amount of the self24 employment income for such taxable year. 


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1 ‘‘(2) EXCEPTION FOR CERTAIN EMPLOYERS.— 

2 Paragraph (1) shall not apply for any period with 

3 respect to an employer who has not elected to par4 ticipate in the Family and Medical Leave Insurance 

5 Program (established under section 112 of the Fam6 ily Leave Insurance Act).’’. 

7 (d) CONFORMING AMENDMENTS TO SOCIAL SECU8 RITY ACT.—Section 201 of the Social Security Act (42 

9 U.S.C. 401) is amended— 

10 (1) by striking ‘‘sections 3101(b) and 3111(b)’’ 

11 both places it appears in subsection (a)(3) and in12 serting ‘‘sections 3101(b), 3101(c), 3111(b), and 

13 3111(c)’’, and 

14 (2) by striking ‘‘section 1401(b)’’ both places it 

15 appears in subsection (a)(4) and inserting ‘‘sections 

16 1401(b) and 1401(c)’’. 

17 (e) EFFECTIVE DATE.— 

18 (1) EMPLOYMENT PREMIUMS.—The amend19 ments made by subsections (a), (b), and (d)(1) shall 

20 apply to wages paid after December 31, 2010. 

21 (2) SELF-EMPLOYMENT PREMIUMS.—The 

22 amendments made by subsections (c) and (d)(2) 

23 shall apply to taxable years beginning after Decem24 ber 31, 2010. 


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1 Subtitle B—Family and Medical 

2 Leave Enhancement Act 

3 SEC. 151. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Family and Med5 ical Leave Enhancement Act’’. 

6 SEC. 152. ELIGIBLE EMPLOYEE. 

7 Section 101(2)(B)(ii) of the Family and Medical 

8 Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended 

9 by striking ‘‘less than 50’’ each place it appears and in10 serting ‘‘fewer than 25’’. 

11 SEC. 153. ENTITLEMENT TO ADDITIONAL LEAVE UNDER 

12 THE FMLA FOR PARENTAL INVOLVEMENT 

13 AND FAMILY WELLNESS. 

14 (a) LEAVE REQUIREMENT.—Section 102(a) of the 

15 Family and Medical Leave Act of 1993 (29 U.S.C. 

16 2612(a)) is amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(6) ENTITLEMENT TO ADDITIONAL LEAVE FOR

19 PARENTAL INVOLVEMENT AND FAMILY

20 WELLNESS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B) and section 103(g), an eligible em23 ployee shall be entitled to leave under this para24 graph to— 


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1 ‘‘(i) participate in or attend an activ2 ity that is sponsored by a school or com3 munity organization and relates to a pro4 gram of the school or organization that is 

5 attended by a son or daughter or a grand6 child of the employee; or 

7 ‘‘(ii) meet routine family medical care 

8 needs, including for medical and dental ap9 pointments of the employee or a son, 

10 daughter, spouse, or grandchild of the em11 ployee, or to attend to the care needs of el12 derly individuals who are related to the eli13 gible employee, including visits to nursing 

14 homes and group homes. 

15 ‘‘(B) LIMITATIONS.— 

16 ‘‘(i) IN GENERAL.—An eligible em17 ployee is entitled to— 

18 ‘‘(I) not to exceed 4 hours of 

19 leave under this paragraph during any 

20 30-day period; and 

21 ‘‘(II) not to exceed 24 hours of 

22 leave under this paragraph during any 

23 12-month period. 

24 ‘‘(ii) COORDINATION RULE.—Leave 

25 under this paragraph shall be in addition 


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1 to any leave provided under any other 

2 paragraph of this subsection. 

3 ‘‘(C) DEFINITIONS.—As used in this para4 graph: 

5 ‘‘(i) SCHOOL.—The term ‘school’ 

6 means an elementary school or secondary 

7 school (as such terms are defined in sec8 tion 9101 of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 

10 7801)), a Head Start program assisted 

11 under the Head Start Act (42 U.S.C. 9831 

12 et seq.), or a child care facility. 

13 ‘‘(ii) COMMUNITY ORGANIZATION.— 

14 The term ‘community organization’ means 

15 a private nonprofit organization that is 

16 representative of a community or a signifi17 cant segment of a community and provides 

18 activities for individuals described in sub19 paragraph (A) or (B) of section 101(12), 

20 such as a scouting or sports organiza21 tion.’’. 

22 (b) SCHEDULE.—Section 102(b)(1) of such Act (29 

23 U.S.C. 2612(b)(1)) is amended by inserting after the third 

24 sentence the following new sentence: ‘‘Leave under subVerDate Mar 15 2010 02:35 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 section (a)(6) may be taken intermittently or on a reduced 

2 leave schedule.’’. 

3 (c) SUBSTITUTION OF PAID LEAVE.—Section 

4 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended 

5 by adding at the end the following new subparagraph: 

6 ‘‘(C) PARENTAL INVOLVEMENT LEAVE AND

7 FAMILY WELLNESS LEAVE.—An eligible em8 ployee may elect, or an employer may require 

9 the employee, to substitute any of the accrued 

10 paid vacation leave, personal leave, or family 

11 leave of the employee for any leave under sub12 section (a)(6). In addition, an eligible employee 

13 may elect, or an employer may require the em14 ployee, to substitute any of the accrued paid 

15 medical or sick leave of the employee for leave 

16 provided under clause (ii) of subsection 

17 (a)(6)(A) for any part of the leave under such 

18 clause, except that nothing in this title shall re19 quire an employer to provide paid sick leave or 

20 paid medical leave in any situation in which 

21 such employer would not normally provide any 

22 such paid leave. If the employee elects or the 

23 employer requires the substitution of accrued 

24 paid leave for leave provided under subsection 

25 (a)(6)(A), the employer shall not restrict or 


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1 limit this substitution or impose any additional 

2 terms and conditions on such leave that are 

3 more stringent on the employee than the terms 

4 and conditions set forth in this Act.’’. 

5 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

6 2612(e)) is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(4) NOTICE RELATING TO PARENTAL IN9 VOLVEMENT AND FAMILY WELLNESS LEAVE.—In 

10 any case in which an employee requests leave under 

11 paragraph (6) of subsection (a), the employee 

12 shall— 

13 ‘‘(A) provide the employer with not less 

14 than 7 days’ notice or as much notice as is 

15 practicable before the date the leave is to be 

16 taken, of the employee’s intention to take leave 

17 under such paragraph; and 

18 ‘‘(B) in the case of leave to be taken under 

19 subparagraph (A)(ii), make a reasonable effort 

20 to schedule the leave so as not to disrupt un21 duly the operations of the employer, subject to 

22 the approval of the health care provider in23 volved (if any).’’. 


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1 (e) CERTIFICATION.—Section 103 of such Act (29 

2 U.S.C. 2613) is amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(g) CERTIFICATION RELATED TO PARENTAL IN5 VOLVEMENT AND FAMILY WELLNESS LEAVE.—An em6 ployer may require that a request for leave under section 

7 102(a)(6) be supported by a certification issued at such 

8 time and in such manner as the Secretary may by regula9 tion prescribe.’’. 

10 (f) DEFINITION OF GRANDCHILD.—Section 101 of 

11 the Family and Medical Leave Act of 1993 (29 U.S.C. 

12 2611) is amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(20) GRANDCHILD.—The term ‘grandchild’ 

15 means a son or daughter of an employee’s son or 

16 daughter.’’. 

17 SEC. 154. ENTITLEMENT OF FEDERAL EMPLOYEES TO 

18 LEAVE FOR PARENTAL INVOLVEMENT AND 

19 FAMILY WELLNESS. 

20 (a) LEAVE REQUIREMENT.—Section 6382(a) of title 

21 5, United States Code, is amended by adding at the end 

22 the following new paragraph: 

23 ‘‘(5)(A) Subject to subparagraph (B)(i) and section 

24 6383(f), an employee shall be entitled to leave under this 

25 paragraph to— 


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1 ‘‘(i) participate in or attend an activity that is 

2 sponsored by a school or community organization 

3 and relates to a program of the school or organiza4 tion that is attended by a son or daughter or a 

5 grandchild of the employee; or 

6 ‘‘(ii) meet routine family medical care needs, in7 cluding for medical and dental appointments of a 

8 son, daughter, spouse, or grandchild of the em9 ployee, or to attend to the care needs of elderly indi10 viduals who are related to the eligible employee, in11 cluding visits to nursing homes and group homes. 

12 ‘‘(B)(i) An employee is entitled to— 

13 ‘‘(I) not to exceed 4 hours of leave under this 

14 paragraph during any 30-day period; and 

15 ‘‘(II) not to exceed 24 hours of leave under this 

16 paragraph during any 12-month period. 

17 ‘‘(ii) Leave under this paragraph shall be in addition 

18 to any leave provided under any other paragraph of this 

19 subsection. 

20 ‘‘(C) For the purpose of this paragraph— 

21 ‘‘(i) the term ‘school’ means an elementary 

22 school or secondary school (as such terms are de23 fined in section 9101 of the Elementary and Sec24 ondary Education Act of 1965), a Head Start proVerDate Mar 15 2010 02:35 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 gram assisted under the Head Start Act, and a child 

2 care facility licensed under State law; and 

3 ‘‘(ii) the term ‘community organization’ means 

4 a private nonprofit organization that is representa5 tive of a community or a significant segment of a 

6 community and provides activities for individuals de7 scribed in subparagraph (A) or (B) of section 

8 6381(6), such as a scouting or sports organization.’’. 

9 (b) SCHEDULE.—Section 6382(b)(1) of such title is 

10 amended— 

11 (1) by inserting after the second sentence the 

12 following new sentence: ‘‘Leave under subsection 

13 (a)(5) may be taken intermittently or on a reduced 

14 leave schedule.’’; and 

15 (2) in the last sentence, by striking ‘‘involved,’’ 

16 and inserting ‘‘involved (or, in the case of leave 

17 under subsection (a)(5), for purposes of any 30-day 

18 or 12-month period),’’. 

19 (c) SUBSTITUTION OF PAID LEAVE.—Section 

20 6382(d) of such title is amended— 

21 (1) by inserting ‘‘(1)’’ after the subsection des22 ignation; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) An employee may elect to substitute for leave 

25 under subsection (a)(5), any of the employee’s accrued or 


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1 accumulated annual or sick leave under subchapter I. If 

2 the employee elects to substitute accumulated annual or 

3 sick leave for leave provided under subsection (a)(5), the 

4 employing agency shall not restrict or limit this substi5 tution or impose any additional terms and conditions on 

6 such leave that are more stringent on the employee than 

7 the terms and conditions set forth in this subchapter.’’. 

8 (d) NOTICE.—Section 6382(e) of such title is amend9 ed by adding at the end the following new paragraph: 

10 ‘‘(4) In any case in which an employee requests leave 

11 under paragraph (5) of subsection (a), the employee 

12 shall— 

13 ‘‘(A) provide the employing agency with not less 

14 than 7 days’ notice, before the date the leave is to 

15 be taken, of the employee’s intention to take leave 

16 under such paragraph; and 

17 ‘‘(B) in the case of leave to be taken under sub18 paragraph (A)(ii), make a reasonable effort to 

19 schedule the leave so as not to disrupt unduly the 

20 operations of the employer, subject to the approval 

21 of the health care provider involved (if any).’’. 

22 (e) CERTIFICATION.—Section 6383(f) of such title is 

23 amended by striking ‘‘6382(a)(3)’’ and inserting ‘‘para24 graph (3) or (5) of section 6382(a)’’. 


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1 (f) DEFINITION OF GRANDCHILD.—Section 6381 of 

2 title 5, United States Code, is amended— 

3 (1) in paragraph (11), by striking ‘‘and’’ at the 

4 end; 

5 (2) in paragraph (12), by striking the period at 

6 the end and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(13) the term ‘grandchild’ means a son or 

10 daughter of an employee’s son or daughter.’’. 

11 Subtitle C—Domestic Violence 

12 Leave Act 

13 SEC. 161. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Domestic Violence 

15 Leave Act’’. 

16 SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO17 LENCE, SEXUAL ASSAULT, OR STALKING. 

18 (a) AUTHORITY FOR LEAVE.—Section 102(a)(1) of 

19 the Family and Medical Leave Act of 1993 (29 U.S.C. 

20 2612(a)(1)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(F) In order to care for the family mem23 ber of the employee, if such family member is 

24 addressing domestic violence, sexual assault, or 

25 stalking and their effects. 


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1 ‘‘(G) Because the employee is addressing 

2 domestic violence, sexual assault, or stalking 

3 and their effects, the employee is unable to per4 form any of the functions of the position of 

5 such employee.’’. 

6 (b) DEFINITIONS.—Section 101 of the Family and 

7 Medical Leave Act of 1993 (29 U.S.C. 2611) (as amended 

8 by section 193(f)) is further amended by adding at the 

9 end the following: 

10 ‘‘(21) DOMESTIC VIOLENCE.—The term ‘domes11 tic violence’ has the meaning given such term in sec12 tion 40002 of the Violence Against Women Act of 

13 1994 (42 U.S.C. 13925), and includes dating vio14 lence, as such term is defined in such section. 

15 ‘‘(22) SEXUAL ASSAULT.—The term ‘sexual as16 sault’ has the meaning given that term in section 

17 40002 of the Violence Against Women Act of 1994 

18 (42 U.S.C. 13925). 

19 ‘‘(23) STALKING.—The term ‘stalking’ has the 

20 meaning given such term in section 40002 of the Vi21 olence Against Women Act of 1994 (42 U.S.C. 

22 13925). 

23 ‘‘(24) ADDRESSING DOMESTIC VIOLENCE, SEX24 UAL ASSAULT, OR STALKING AND THEIR EFFECTS.— 


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1 The term ‘addressing domestic violence, sexual as2 sault, or stalking and their effects’ means— 

3 ‘‘(A) seeking medical attention for or re4 covering from injuries caused by domestic vio5 lence, sexual assault, or stalking; 

6 ‘‘(B) seeking legal assistance or remedies, 

7 including communicating with the police or an 

8 attorney, or participating in any legal pro9 ceeding related to domestic violence, sexual as10 sault, or stalking; 

11 ‘‘(C) attending support groups for victims 

12 of domestic violence, sexual assault, or stalking; 

13 ‘‘(D) obtaining psychological counseling re14 lated to experiences of domestic violence, sexual 

15 assault, or stalking; 

16 ‘‘(E) participating in safety planning and 

17 other actions to increase safety from future do18 mestic violence, sexual assault, or stalking, in19 cluding temporary or permanent relocation; and 

20 ‘‘(F) participating in any other activity ne21 cessitated by domestic violence, sexual assault, 

22 or stalking which must be undertaken during 

23 hours of employment. 

24 ‘‘(25) FAMILY MEMBER.—The term ‘family 

25 member’, used with respect to a person, means an 


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1 individual who is a spouse, domestic partner, parent, 

2 son or daughter (including an adult son or daugh3 ter) of that person.’’. 

4 (c) INTERMITTENT OR REDUCED LEAVE.—Section 

5 102(b)(1) of the Family and Medical Leave Act of 1993 

6 (29 U.S.C. 2612(b)(1)) (as amended by section 193(b)) 

7 is further amended by inserting before the last sentence: 

8 ‘‘Subject to subsection (e)(4) and 103(g), leave under sub9 paragraph (F) or (G) of subsection (a)(1) may be taken 

10 by an employee intermittently or on a reduced leave sched11 ule.’’. 

12 (d) PAID LEAVE.—Section 102(d)(2)(B) of the Fam13 ily and Medical Leave Act of 1993 (29 U.S.C. 

14 2612(d)(2)(B)) is amended by inserting at the end the fol15 lowing: ‘‘An eligible employee may elect to substitute any 

16 of the accrued paid vacation leave, personal leave, family 

17 leave, or medical or sick leave of the employee for leave 

18 provided under subparagraph (F) or (G) of subsection 

19 (a)(1) for any part of the 12-week period of such leave 

20 under such subsection, except that nothing in this title 

21 shall require an employer to provide paid sick leave or paid 

22 medical leave in any situation in which such employer 

23 would not normally provide any such paid leave.’’. 

24 (e) NOTICE.—Section 102(e) of the Family and Med25 ical Leave Act of 1993 (29 U.S.C. 2612(e)) (as amended 


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1 by section 193(d)), is further amended by adding at the 

2 end the following: 

3 ‘‘(5) NOTICE FOR LEAVE DUE TO DOMESTIC VI4 OLENCE, SEXUAL ASSAULT, OR STALKING.—In any 

5 case in which the necessity for leave under subpara6 graph (F) or (G) of subsection (a)(1) is foreseeable 

7 based on a scheduled appointment or planned activ8 ity to address domestic violence, sexual assault, or 

9 stalking and their effects, the employee shall provide 

10 such notice to the employer as is reasonable and 

11 practicable.’’. 

12 (f) CERTIFICATION AND CONFIDENTIALITY.—Section 

13 103 of the Family and Medical Leave Act of 1993 (29 

14 U.S.C. 2613) (as amended by section 193(e)) is further 

15 amended— 

16 (1) in the title, by adding before the period the 

17 following: ‘‘; confidentiality’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(h) CERTIFICATION RELATED TO DOMESTIC VIO20 LENCE, SEXUAL ASSAULT, OR STALKING.— 

21 ‘‘(1) IN GENERAL.—In determining if an em22 ployee meets the requirements of subparagraph (F) 

23 or (G) of section 102(a)(1), the employer of an em24 ployee may require the employee to provide written 


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1 certification. Certification under this paragraph shall 

2 be sufficient if it includes— 

3 ‘‘(A) documentation of the domestic vio4 lence, sexual assault, or stalking, such as police 

5 or court records, or documentation of the do6 mestic violence, sexual assault, or stalking from 

7 a shelter worker, attorney, clergy, or medical or 

8 other professional from whom the employee or 

9 family member of the employee has sought as10 sistance in addressing domestic violence, sexual 

11 assault, or stalking and their effects; 

12 ‘‘(B) other corroborating evidence, such as 

13 a statement from any other individual with 

14 knowledge of the circumstances which provide 

15 the basis for the claim, or physical evidence of 

16 domestic violence, sexual assault, or stalking, 

17 such as photographs, or torn or bloody clothes; 

18 or 

19 ‘‘(C) at the election of the employee, where 

20 documentation described in subparagraph (A) 

21 and corroborating evidence described in sub22 paragraph (B) is not available, a written state23 ment describing the domestic violence, sexual 

24 assault, or stalking and their effects. 


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1 ‘‘(2) CONFIDENTIALITY.—All evidence of do2 mestic violence, sexual assault, or stalking provided 

3 to an employer under this subsection, including an 

4 employee’s statement, any corroborating evidence, 

5 and the fact that an employee has requested leave 

6 for the purpose of addressing domestic violence, sex7 ual assault, or stalking and their effects, shall be re8 tained in the strictest confidence by the employer, 

9 except to the extent consented to by the employee 

10 where disclosure is necessary to— 

11 ‘‘(A) protect the safety of the employee or 

12 family member of the employee; or 

13 ‘‘(B) assist in documenting domestic vio14 lence, sexual assault, or stalking for a court or 

15 law enforcement agency.’’. 

16 (g) TABLE OF CONTENTS.—The table of contents in 

17 section 1(b) of the Family and Medical Leave Act of 1993 

18 (29 U.S.C. prec. 2601) is amended by striking the item 

19 relating to section 103 and inserting the following: 

‘‘103. Certification; confidentiality.’’. 

20 SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMES21 TIC PARTNERS. 

22 (a) DEFINITIONS.— 

23 (1) INCLUSION OF SAME-SEX SPOUSES.—Sec24 tion 101(13) of the Family and Medical Leave Act 

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1 ing ‘‘, and, notwithstanding section 7 of title I, 

2 United States Code, includes a spouse of the same 

3 sex as the employee as determined under applicable 

4 State law’’ before the period. 

5 (2) INCLUSION CHILDREN OF A DOMESTIC

6 PARTNER.—Section 101(12) of such Act (29 U.S.C. 

7 2611(12)) is amended by inserting ‘‘a child of an in8 dividual’s domestic partner,’’ after ‘‘a legal ward,’’. 

9 (3) INCLUSION DOMESTIC PARTNERS.—Section 

10 101 of such Act (as amended by section 162) is fur11 ther amended by adding at the end the following: 

12 ‘‘(25) DOMESTIC PARTNER.—The term ‘domes13 tic partner’ means— 

14 ‘‘(A) the person recognized as the domestic 

15 partner of the employee under any domestic 

16 partner registry or civil union laws of the State 

17 or political subdivision of a State where the em18 ployee resides; or 

19 ‘‘(B) in the case of an unmarried employee 

20 who resides in a State where a person cannot 

21 marry a person of the same sex under the laws 

22 of the State, a single, unmarried adult person 

23 of the same sex as the employee who is in a 

24 committed, intimate relationship with the em25 ployee, is not a domestic partner to any other 


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1 person, and who is designated to the employer 

2 by such employee as that employee’s domestic 

3 partner.’’. 

4 (b) LEAVE REQUIREMENT.—Section 102 of the Fam5 ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 

6 amended— 

7 (1) in subsection (a)(1)(C), by striking 

8 ‘‘spouse,’’ both places it appears and inserting 

9 ‘‘spouse or domestic partner,’’; 

10 (2) in subsection (a)(1)(E), by striking spouse, 

11 and inserting ‘‘spouse or domestic partner,’’; 

12 (3) in subsection (a)(3), by striking ‘‘spouse,’’ 

13 and inserting ‘‘spouse or domestic partner,’’; 

14 (4) in subsection (e)(2)(A), by inserting ‘‘do15 mestic partner,’’ after ‘‘spouse,’’; 

16 (5) in subsection (e)(3), by inserting ‘‘domestic 

17 partner,’’ after ‘‘spouse,’’; and 

18 (6) in subsection (f)— 

19 (A) in the subsection heading, by inserting 

20 ‘‘OR DOMESTIC PARTNERS’’ after ‘‘SPOUSES’’; 

21 (B) in paragraph (1), by striking ‘‘a hus22 band and wife’’ and inserting ‘‘both spouses or 

23 both domestic partners’’; 


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1 (C) in paragraph (2)(A), by striking ‘‘that 

2 husband and wife’’ and inserting ‘‘spouses or 

3 both domestic partners’’; and 

4 (D) in paragraph (2)(B), by striking ‘‘the 

5 husband and wife’’ and inserting ‘‘both spouses 

6 or both domestic partners’’. 

7 (c) CERTIFICATION.—Section 103 of the Family and 

8 Medical Leave Act of 1993 (29 U.S.C. 2613) is amend9 ed— 

10 (1) in subsection (a), by inserting ‘‘domestic 

11 partner,’’ after ‘‘spouse,’’; 

12 (2) in subsection (b)(4)(A), by inserting ‘‘do13 mestic partner,’’ after ‘‘spouse,’’ both places it ap14 pears; and 

15 (3) in subsection (b)(7), by inserting ‘‘domestic 

16 partner,’’ after ‘‘spouse,’’. 

17 (d) EMPLOYMENT AND BENEFITS PROTECTION.— 

18 Section 104(c)(3) of the Family and Medical Leave Act 

19 of 1993 (29 U.S.C. 2614(c)(3)) is amended— 

20 (1) in subparagraph (A)(i), by inserting ‘‘do21 mestic partner,’’ after ‘‘spouse,’’; and 

22 (2) in subparagraph (C)(ii), by inserting ‘‘do23 mestic partner,’’ after ‘‘spouse,’’. 


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1 SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY2 EES FOR DOMESTIC VIOLENCE, SEXUAL AS3 SAULT, OR STALKING. 

4 (a) AUTHORITY FOR LEAVE.—Section 6382(a)(1) of 

5 title 5, United States Code is amended by adding at the 

6 end the following: 

7 ‘‘(F) In order to care for the family member of 

8 the employee, if such family member is addressing 

9 domestic violence, sexual assault, or stalking and 

10 their effects. 

11 ‘‘(G) Because the employee is addressing do12 mestic violence, sexual assault, or stalking and their 

13 effects, the employee is unable to perform any of the 

14 functions of the position of such employee.’’. 

15 (b) DEFINITIONS.—Section 6381 of title 5, United 

16 States Code (as amended by section 154(f)) is amended— 

17 (1) at the end of paragraph (10), by striking 

18 ‘‘and’’; 

19 (2) in paragraph (11), by striking the period 

20 and inserting a semicolon; and 

21 (3) by adding at the end the following: 

22 ‘‘(14) the terms ‘domestic violence’, ‘sexual as23 sault’, and ‘stalking’ all have the meaning given such 

24 terms in section 40002 of the Violence Against 

25 Women Act of 1994 (42 U.S.C. 13925), and the 


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1 term ‘domestic violence’ includes dating violence, as 

2 such term is defined in such section; 

3 ‘‘(15) the term ‘addressing domestic violence, 

4 sexual assault, or stalking and their effects’ 

5 means— 

6 ‘‘(A) seeking medical attention for or re7 covering from injuries caused by domestic vio8 lence, sexual assault, or stalking; 

9 ‘‘(B) seeking legal assistance or remedies, 

10 including communicating with the police or an 

11 attorney, or participating in any legal pro12 ceeding related to domestic violence, sexual as13 sault, or stalking; 

14 ‘‘(C) attending support groups for victims 

15 of domestic violence, sexual assault, or stalking; 

16 ‘‘(D) obtaining psychological counseling re17 lated to experiences of domestic violence, sexual 

18 assault, or stalking; 

19 ‘‘(E) participating in safety planning and 

20 other actions to increase safety from future do21 mestic violence, sexual assault, or stalking, in22 cluding temporary or permanent relocation; and 

23 ‘‘(F) participating in any other activity ne24 cessitated by domestic violence, sexual assault, 


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1 or stalking which must be undertaken during 

2 hours of employment; and 

3 ‘‘(16) the term ‘family member’, used with re4 spect to a person, means an individual who is a 

5 spouse, domestic partner, parent, son or daughter 

6 (including an adult son or daughter) of that per7 son;’’. 

8 (c) INTERMITTENT OR REDUCED LEAVE.—Section 

9 6382(b) of title 5, United States Code, (as amended by 

10 section 154(b)) is further amended by adding at the end 

11 the following: 

12 ‘‘(3) Leave under subparagraph (E) or (F) of 

13 subsection (a)(1) may be taken by an employee 

14 intermittently or on a reduced leave schedule. The 

15 taking of leave intermittently or on a reduced leave 

16 schedule pursuant to this paragraph shall not result 

17 in a reduction in the total amount of leave to which 

18 the employee is entitled under subsection (a) beyond 

19 the amount of leave actually taken.’’. 

20 (d) OTHER LEAVE.—Section 6382(d) of title 5, 

21 United States Code, (as amended by section 154(c)) is fur22 ther amended by striking ‘‘(C), or (D)’’ and inserting 

23 ‘‘(C), (D), (E), or (F)’’. 


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1 (e) NOTICE.—Section 6282(e) of title 5, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘(3) In any case in which the necessity for 

5 leave under subparagraph (F) or (G) of subsection 

6 (a)(1) is foreseeable based on a scheduled appoint7 ment or planned activity to address domestic vio8 lence, sexual assault, or stalking and their effects, 

9 the employee shall provide such notice to the em10 ploying agency as is reasonable and practicable.’’. 

11 (f) CERTIFICATION.—Section 6383 of title 5, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(f) In determining if an employee meets the require15 ments of subparagraph (E) or (F) of section 6382(a)(1), 

16 the employing agency of an employee may require the em17 ployee to provide written certification. Certification under 

18 this subsection shall be sufficient if it includes— 

19 ‘‘(1) documentation of the domestic violence, 

20 sexual assault, or stalking, such as police or court 

21 records, or documentation of the domestic violence, 

22 sexual assault, or stalking from a shelter worker, at23 torney, clergy, or medical or other professional from 

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1 ployee has sought assistance in addressing domestic 

2 violence, sexual assault, or stalking and their effects; 

3 ‘‘(2) other corroborating evidence, such as a 

4 statement from any other individual with knowledge 

5 of the circumstances which provide the basis for the 

6 claim, or physical evidence of domestic violence, sex7 ual assault, or stalking, such as photographs or torn 

8 or bloody clothes; or 

9 ‘‘(3) at the election of the employee, where doc10 umentation described in paragraph (1) and corrobo11 rating evidence described in paragraph (2) is not 

12 available, a written statement describing the domes13 tic violence, sexual assault, or stalking and their ef14 fects.’’. 

15 (g) CONFIDENTIALITY.—Section 6383 of title 5, 

16 United States Code, as amended by subsection (f), is 

17 amended— 

18 (1) in the section heading, by adding before the 

19 period the following: ‘‘; confidentiality’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(g) All evidence of domestic violence, sexual assault, 

22 or stalking provided to an employing agency under this 

23 subsection, including an employee’s statement, any cor24 roborating evidence, and the fact that an employee has 

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1 lence, sexual assault, or stalking and their effects, shall 

2 be retained in the strictest confidence by the employing 

3 agency, except to the extent consented to by the employee 

4 where disclosure is necessary to— 

5 ‘‘(1) protect the safety of the employee or fam6 ily member of the employee; or 

7 ‘‘(2) assist in documenting domestic violence, 

8 sexual assault, or stalking for a court or law enforce9 ment agency.’’. 

10 (h) TABLE OF SECTIONS.—The table of sections for 

11 chapter 63 of title 5, United States Code, is amended by 

12 striking the item relating to section 6383 and inserting 

13 the following: 

‘‘6383. Certification; confidentiality.’’. 

14 SEC. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMES15 TIC PARTNERS FOR LEAVE FOR FEDERAL EM16 PLOYEES. 

17 (a) DEFINITIONS.—Section 6381 of title 5, United 

18 States Code, (as amended by section 164) is further 

19 amended— 

20 (1) in paragraph (6), by inserting ‘‘a child of 

21 an individual’s domestic partner,’’ after ‘‘a legal 

22 ward,’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(17) the term ‘spouse’ means a husband or 

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1 tion 7 of title I, United States Code, includes a 

2 spouse of the same sex as the employee as deter3 mined under applicable State law; and 

4 ‘‘(18) the term ‘domestic partner’ means— 

5 ‘‘(A) the person recognized as the domestic 

6 partner of the employee under any domestic 

7 partner registry or civil union laws of the State 

8 or political subdivision of a State where the em9 ployee resides; or 

10 ‘‘(B) in the case of an unmarried employee 

11 who resides in a State where a person cannot 

12 marry a person of the same sex under the laws 

13 of the State, a single, unmarried adult person 

14 of the same sex as the employee who is in a 

15 committed, intimate relationship with the em16 ployee, is not a domestic partner to any other 

17 person, and who is designated to the employing 

18 agency by such employee as that employee’s do19 mestic partner.’’. 

20 (b) LEAVE REQUIREMENT.—Section 6382 of title 5, 

21 United States Code, is further amended— 

22 (1) in subsection (a)(1)(C), by striking 

23 ‘‘spouse,’’ both places it appears and inserting 

24 ‘‘spouse or domestic partner,’’; 


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1 (2) in subsection (a)(3), by striking ‘‘spouse,’’ 

2 and inserting ‘‘spouse or domestic partner,’’; and 

3 (3) in subsection (e)(2)(A), by inserting ‘‘do4 mestic partner,’’ after ‘‘spouse,’’. 

5 (c) CERTIFICATION.—Section 6383 of title 5, United 

6 States Code, is further amended— 

7 (1) in subsection (a), by inserting ‘‘domestic 

8 partner,’’ after ‘‘spouse,’’; and 

9 (2) in subsection (b)(4)(A), by inserting ‘‘do10 mestic partner,’’ after ‘‘spouse,’’ both places it ap11 pears. 

12 Subtitle D—Healthy Families Act 

13 SEC. 171. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Healthy Families 

15 Act’’. 

16 SEC. 172. PURPOSES. 

17 The purposes of this subtitle are— 

18 (1) to ensure that all working Americans can 

19 address their own health needs and the health needs 

20 of their families by requiring employers to permit 

21 employees to earn up to 56 hours of paid sick time 

22 including paid time for family care; 

23 (2) to diminish public and private health care 

24 costs by enabling workers to seek early and routine 


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1 medical care for themselves and their family mem2 bers; 

3 (3) to assist employees who are, or whose fam4 ily members are, victims of domestic violence, sexual 

5 assault, or stalking, by providing the employees with 

6 paid time away from work to allow the victims to re7 ceive treatment and to take the necessary steps to 

8 ensure their protection; 

9 (4) to accomplish the purposes described in 

10 paragraphs (1) through (3) in a manner that is fea11 sible for employers; and 

12 (5) consistent with the provision of the 14th 

13 amendment to the Constitution relating to equal 

14 protection of the laws, and pursuant to Congress’ 

15 power to enforce that provision under section 5 of 

16 that amendment— 

17 (A) to accomplish the purposes described 

18 in paragraphs (1) through (3) in a manner that 

19 minimizes the potential for employment dis20 crimination on the basis of sex by ensuring gen21 erally that paid sick time is available for eligible 

22 medical reasons on a gender-neutral basis; and 

23 (B) to promote the goal of equal employ24 ment opportunity for women and men. 


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1 SEC. 173. DEFINITIONS. 

2 In this subtitle: 

3 (1) CHILD.—The term ‘‘child’’ means a biologi4 cal, foster, or adopted child, a stepchild, a legal 

5 ward, or a child of a person standing in loco 

6 parentis, who is— 

7 (A) under 18 years of age; or 

8 (B) 18 years of age or older and incapable 

9 of self-care because of a mental or physical dis10 ability. 

11 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic 

12 violence’’ has the meaning given the term in section 

13 40002(a) of the Violence Against Women Act of 

14 1994 (42 U.S.C. 13925(a)), except that the ref15 erence in such section to the term ‘‘jurisdiction re16 ceiving grant monies’’ shall be deemed to mean the 

17 jurisdiction in which the victim lives or the jurisdic18 tion in which the employer involved is located. 

19 (3) EMPLOYEE.—The term ‘‘employee’’ means 

20 an individual who is— 

21 (A)(i) an employee, as defined in section 

22 3(e) of the Fair Labor Standards Act of 1938 

23 (29 U.S.C. 203(e)), who is not covered under 

24 subparagraph (E), including such an employee 

25 of the Library of Congress, except that a ref26 erence in such section to an employer shall be 


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1 considered to be a reference to an employer de2 scribed in clauses (i)(I) and (ii) of paragraph 

3 (4)(A); or 

4 (ii) an employee of the Government Ac5 countability Office; 

6 (B) a State employee described in section 

7 304(a) of the Government Employee Rights Act of 

8 1991 (42 U.S.C. 2000e–16c(a)); 

9 (C) a covered employee, as defined in section 

10 101 of the Congressional Accountability Act of 1995 

11 (2 U.S.C. 1301), other than an applicant for em12 ployment; 

13 (D) a covered employee, as defined in section 

14 411(c) of title 3, United States Code; or 

15 (E) a Federal officer or employee covered under 

16 subchapter V of chapter 63 of title 5, United States 

17 Code. 

18 (4) EMPLOYER.— 

19 (A) IN GENERAL.—The term ‘‘employer’’ 

20 means a person who is— 

21 (i)(I) a covered employer, as defined 

22 in subparagraph (B), who is not covered 

23 under subclause (V); 


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1 (II) an entity employing a State em2 ployee described in section 304(a) of the 

3 Government Employee Rights Act of 1991; 

4 (III) an employing office, as defined 

5 in section 101 of the Congressional Ac6 countability Act of 1995; 

7 (IV) an employing office, as defined in 

8 section 411(c) of title 3, United States 

9 Code; or 

10 (V) an employing agency covered 

11 under subchapter V of chapter 63 of title 

12 5, United States Code; and 

13 (ii) is engaged in commerce (including 

14 government), or an industry or activity af15 fecting commerce (including government), 

16 as defined in subparagraph (B)(iii). 

17 (B) COVERED EMPLOYER.— 

18 (i) IN GENERAL.—In subparagraph 

19 (A)(i)(I), the term ‘‘covered employer’’— 

20 (I) means any person engaged in 

21 commerce or in any industry or activ22 ity affecting commerce who employs 

23 15 or more employees for each work24 ing day during each of 20 or more 


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1 calendar workweeks in the current or 

2 preceding calendar year; 

3 (II) includes— 

4 (aa) any person who acts, 

5 directly or indirectly, in the inter6 est of an employer to any of the 

7 employees of such employer; and 

8 (bb) any successor in inter9 est of an employer; 

10 (III) includes any ‘‘public agen11 cy’’, as defined in section 3(x) of the 

12 Fair Labor Standards Act of 1938 

13 (29 U.S.C. 203(x)); and 

14 (IV) includes the Government 

15 Accountability Office and the Library 

16 of Congress. 

17 (ii) PUBLIC AGENCY.—For purposes 

18 of clause (i)(III), a public agency shall be 

19 considered to be a person engaged in com20 merce or in an industry or activity affect21 ing commerce. 

22 (iii) DEFINITIONS.—For purposes of 

23 this subparagraph: 

24 (I) COMMERCE.—The terms 

25 ‘‘commerce’’ and ‘‘industry or activity 


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1 affecting commerce’’ mean any activ2 ity, business, or industry in commerce 

3 or in which a labor dispute would 

4 hinder or obstruct commerce or the 

5 free flow of commerce, and include 

6 ‘‘commerce’’ and any ‘‘industry affect7 ing commerce’’, as defined in para8 graphs (1) and (3) of section 501 of 

9 the Labor Management Relations Act, 

10 1947 (29 U.S.C. 142 (1) and (3)). 

11 (II) EMPLOYEE.—The term ‘‘em12 ployee’’ has the same meaning given 

13 such term in section 3(e) of the Fair 

14 Labor Standards Act of 1938 (29 

15 U.S.C. 203(e)). 

16 (III) PERSON.—The term ‘‘per17 son’’ has the same meaning given 

18 such term in section 3(a) of the Fair 

19 Labor Standards Act of 1938 (29 

20 U.S.C. 203(a)). 

21 (C) PREDECESSORS.—Any reference in 

22 this paragraph to an employer shall include a 

23 reference to any predecessor of such employer. 

24 (5) EMPLOYMENT BENEFITS.—The term ‘‘em25 ployment benefits’’ means all benefits provided or 


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1 made available to employees by an employer, includ2 ing group life insurance, health insurance, disability 

3 insurance, sick leave, annual leave, educational bene4 fits, and pensions, regardless of whether such bene5 fits are provided by a practice or written policy of 

6 an employer or through an ‘‘employee benefit plan’’, 

7 as defined in section 3(3) of the Employee Retire8 ment Income Security Act of 1974 (29 U.S.C. 

9 1002(3)). 

10 (6) HEALTH CARE PROVIDER.—The term 

11 ‘‘health care provider’’ means a provider who— 

12 (A)(i) is a doctor of medicine or osteopathy 

13 who is authorized to practice medicine or sur14 gery (as appropriate) by the State in which the 

15 doctor practices; or 

16 (ii) is any other person determined by the 

17 Secretary to be capable of providing health care 

18 services; and 

19 (B) is not employed by an employer for 

20 whom the provider issues certification under 

21 this subtitle. 

22 (7) PAID SICK TIME.—The term ‘‘paid sick 

23 time’’ means an increment of compensated leave that 

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1 scribed in paragraphs (1) through (4) of section 

2 5(b). 

3 (8) PARENT.—The term ‘‘parent’’ means a bio4 logical, foster, or adoptive parent of an employee, a 

5 stepparent of an employee, or a legal guardian or 

6 other person who stood in loco parentis to an em7 ployee when the employee was a child. 

8 (9) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Labor. 

10 (10) SEXUAL ASSAULT.—The term ‘‘sexual as11 sault’’ has the meaning given the term in section 

12 40002(a) of the Violence Against Women Act of 

13 1994 (42 U.S.C. 13925(a)). 

14 (11) SPOUSE.—The term ‘‘spouse’’, with re15 spect to an employee, has the meaning given such 

16 term by the marriage laws of the State in which the 

17 employee resides. 

18 (12) STALKING.—The term ‘‘stalking’’ has the 

19 meaning given the term in section 40002(a) of the 

20 Violence Against Women Act of 1994 (42 U.S.C. 

21 13925(a)). 

22 (13) VICTIM SERVICES ORGANIZATION.—The 

23 term ‘‘victim services organization’’ means a non24 profit, nongovernmental organization that provides 

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1 sault, or stalking or advocates for such victims, in2 cluding a rape crisis center, an organization carrying 

3 out a domestic violence, sexual assault, or stalking 

4 prevention or treatment program, an organization 

5 operating a shelter or providing counseling services, 

6 or a legal services organization or other organization 

7 providing assistance through the legal process. 

8 SEC. 174. PROVISION OF PAID SICK TIME. 

9 (a) ACCRUAL OF PAID SICK TIME.— 

10 (1) IN GENERAL.—An employer shall permit 

11 each employee employed by the employer to earn not 

12 less than 1 hour of paid sick time for every 30 hours 

13 worked, to be used as described in subsection (b). 

14 An employer shall not be required to permit an em15 ployee to earn, under this section, more than 56 

16 hours of paid sick time in a calendar year, unless 

17 the employer chooses to set a higher limit. 

18 (2) EXEMPT EMPLOYEES.— 

19 (A) IN GENERAL.—Except as provided in 

20 paragraph (3), for purposes of this section, an 

21 employee who is exempt from overtime require22 ments under section 13(a)(1) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 213(a)(1)) 

24 shall be assumed to work 40 hours in each 

25 workweek. 


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1 (B) SHORTER NORMAL WORKWEEK.—If 

2 the normal workweek of such an employee is 

3 less than 40 hours, the employee shall earn 

4 paid sick time based upon that normal work 

5 week. 

6 (3) DATES OF ACCRUAL AND USE.—Employees 

7 shall begin to earn paid sick time under this section 

8 at the commencement of their employment. An em9 ployee shall be entitled to use the earned paid sick 

10 time beginning on the 60th calendar day following 

11 commencement of the employee’s employment. After 

12 that 60th calendar day, the employee may use the 

13 paid sick time as the time is earned. An employer 

14 may, at the discretion of the employer, loan paid 

15 sick time to an employee in advance of the earning 

16 of such time under this section by such employee. 

17 (4) CARRYOVER.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), paid sick time earned under 

20 this section shall carry over from 1 calendar 

21 year to the next. 

22 (B) CONSTRUCTION.—This subtitle shall 

23 not be construed to require an employer to per24 mit an employee to accrue more than 56 hours 

25 of earned paid sick time at a given time. 


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1 (5) EMPLOYERS WITH EXISTING POLICIES.— 

2 Any employer with a paid leave policy who makes 

3 available an amount of paid leave that is sufficient 

4 to meet the requirements of this section and that 

5 may be used for the same purposes and under the 

6 same conditions as the purposes and conditions out7 lined in subsection (b) shall not be required to per8 mit an employee to earn additional paid sick time 

9 under this section. 

10 (6) CONSTRUCTION.—Nothing in this section 

11 shall be construed as requiring financial or other re12 imbursement to an employee from an employer upon 

13 the employee’s termination, resignation, retirement, 

14 or other separation from employment for earned 

15 paid sick time that has not been used. 

16 (7) REINSTATEMENT.—If an employee is sepa17 rated from employment with an employer and is re18 hired, within 12 months after that separation, by the 

19 same employer, the employer shall reinstate the em20 ployee’s previously earned paid sick time. The em21 ployee shall be entitled to use the earned paid sick 

22 time and earn additional paid sick time at the re23 commencement of employment with the employer. 

24 (8) PROHIBITION.—An employer may not re25 quire, as a condition of providing paid sick time 


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1 under this subtitle, that the employee involved 

2 search for or find a replacement worker to cover the 

3 hours during which the employee is using paid sick 

4 time. 

5 (b) USES.—Paid sick time earned under this section 

6 may be used by an employee for any of the following: 

7 (1) An absence resulting from a physical or 

8 mental illness, injury, or medical condition of the 

9 employee. 

10 (2) An absence resulting from obtaining profes11 sional medical diagnosis or care, or preventive med12 ical care, for the employee. 

13 (3) An absence for the purpose of caring for a 

14 child, a parent, a spouse, or any other individual re15 lated by blood or affinity whose close association 

16 with the employee is the equivalent of a family rela17 tionship, who— 

18 (A) has any of the conditions or needs for 

19 diagnosis or care described in paragraph (1) or 

20 (2); and 

21 (B) in the case of someone who is not a 

22 child, is otherwise in need of care. 

23 (4) An absence resulting from domestic vio24 lence, sexual assault, or stalking, if the time is to— 


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1 (A) seek medical attention for the em2 ployee or the employee’s child, parent, or 

3 spouse, or an individual related to the employee 

4 as described in paragraph (3), to recover from 

5 physical or psychological injury or disability 

6 caused by domestic violence, sexual assault, or 

7 stalking; 

8 (B) obtain or assist a related person de9 scribed in paragraph (3) in obtaining services 

10 from a victim services organization; 

11 (C) obtain or assist a related person de12 scribed in paragraph (3) in obtaining psycho13 logical or other counseling; 

14 (D) seek relocation; or 

15 (E) take legal action, including preparing 

16 for or participating in any civil or criminal legal 

17 proceeding related to or resulting from domestic 

18 violence, sexual assault, or stalking. 

19 (c) SCHEDULING.—An employee shall make a reason20 able effort to schedule a period of paid sick time under 

21 this subtitle in a manner that does not unduly disrupt the 

22 operations of the employer. 

23 (d) PROCEDURES.— 


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1 (1) IN GENERAL.—Paid sick time shall be pro2 vided upon the oral or written request of an em3 ployee. Such request shall— 

4 (A) include the expected duration of the 

5 period of such time; 

6 (B) in a case in which the need for such 

7 period of time is foreseeable at least 7 days in 

8 advance of such period, be provided at least 7 

9 days in advance of such period; and 

10 (C) otherwise, be provided as soon as prac11 ticable after the employee is aware of the need 

12 for such period. 

13 (2) CERTIFICATION IN GENERAL.— 

14 (A) PROVISION.— 

15 (i) IN GENERAL.—Subject to subpara16 graph (C), an employer may require that a 

17 request for paid sick time under this sec18 tion for a purpose described in paragraph 

19 (1), (2), or (3) of subsection (b) be sup20 ported by a certification issued by the 

21 health care provider of the eligible em22 ployee or of an individual described in sub23 section (b)(3), as appropriate, if the period 

24 of such time covers more than 3 consecu25 tive workdays. 


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1 (ii) TIMELINESS.—The employee shall 

2 provide a copy of such certification to the 

3 employer in a timely manner, not later 

4 than 30 days after the first day of the pe5 riod of time. The employer shall not delay 

6 the commencement of the period of time on 

7 the basis that the employer has not yet re8 ceived the certification. 

9 (B) SUFFICIENT CERTIFICATION.— 

10 (i) IN GENERAL.—A certification pro11 vided under subparagraph (A) shall be suf12 ficient if it states— 

13 (I) the date on which the period 

14 of time will be needed; 

15 (II) the probable duration of the 

16 period of time; 

17 (III) the appropriate medical 

18 facts within the knowledge of the 

19 health care provider regarding the 

20 condition involved, subject to clause 

21 (ii); and 

22 (IV)(aa) for purposes of paid sick 

23 time under subsection (b)(1), a state24 ment that absence from work is medi25 cally necessary; 


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1 (bb) for purposes of such time 

2 under subsection (b)(2), the dates on 

3 which testing for a medical diagnosis 

4 or care is expected to be given and the 

5 duration of such testing or care; and 

6 (cc) for purposes of such time 

7 under subsection (b)(3), in the case of 

8 time to care for someone who is not a 

9 child, a statement that care is needed 

10 for an individual described in such 

11 subsection, and an estimate of the 

12 amount of time that such care is 

13 needed for such individual. 

14 (ii) LIMITATION.—In issuing a certifi15 cation under subparagraph (A), a health 

16 care provider shall make reasonable efforts 

17 to limit the medical facts described in 

18 clause (i)(III) that are disclosed in the cer19 tification to the minimum necessary to es20 tablish a need for the employee to utilize 

21 paid sick time. 

22 (C) REGULATIONS.—Regulations pre23 scribed under section 182 shall specify the man24 ner in which an employee who does not have 


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1 health insurance shall provide a certification for 

2 purposes of this paragraph. 

3 (D) CONFIDENTIALITY AND NONDISCLO4 SURE.— 

5 (i) PROTECTED HEALTH INFORMA6 TION.—Nothing in this subtitle shall be 

7 construed to require a health care provider 

8 to disclose information in violation of sec9 tion 1177 of the Social Security Act (42 

10 U.S.C. 1320d–6) or the regulations pro11 mulgated pursuant to section 264(c) of the 

12 Health Insurance Portability and Account13 ability Act of 1996 (42 U.S.C. 1320d–2 

14 note). 

15 (ii) HEALTH INFORMATION

16 RECORDS.—If an employer possesses 

17 health information about an employee or 

18 an employee’s child, parent, spouse or 

19 other individual described in subsection 

20 (b)(3), such information shall— 

21 (I) be maintained on a separate 

22 form and in a separate file from other 

23 personnel information; 

24 (II) be treated as a confidential 

25 medical record; and 


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1 (III) not be disclosed except to 

2 the affected employee or with the per3 mission of the affected employee. 

4 (3) CERTIFICATION IN THE CASE OF DOMESTIC

5 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

6 (A) IN GENERAL.—An employer may re7 quire that a request for paid sick time under 

8 this section for a purpose described in sub9 section (b)(4) be supported by 1 of the fol10 lowing forms of documentation: 

11 (i) A police report indicating that the 

12 employee, or a member of the employee’s 

13 family described in subsection (b)(4), was 

14 a victim of domestic violence, sexual as15 sault, or stalking. 

16 (ii) A court order protecting or sepa17 rating the employee or a member of the 

18 employee’s family described in subsection 

19 (b)(4) from the perpetrator of an act of 

20 domestic violence, sexual assault, or stalk21 ing, or other evidence from the court or 

22 prosecuting attorney that the employee or 

23 a member of the employee’s family de24 scribed in subsection (b)(4) has appeared 

25 in court or is scheduled to appear in court 


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1 in a proceeding related to domestic vio2 lence, sexual assault, or stalking. 

3 (iii) Other documentation signed by 

4 an employee or volunteer working for a vic5 tim services organization, an attorney, a 

6 police officer, a medical professional, a so7 cial worker, an antiviolence counselor, or a 

8 member of the clergy, affirming that the 

9 employee or a member of the employee’s 

10 family described in subsection (b)(4) is a 

11 victim of domestic violence, sexual assault, 

12 or stalking. 

13 (B) REQUIREMENTS.—The requirements 

14 of paragraph (2) shall apply to certifications 

15 under this paragraph, except that— 

16 (i) subclauses (III) and (IV) of sub17 paragraph (B)(i) and subparagraph (B)(ii) 

18 of such paragraph shall not apply; 

19 (ii) the certification shall state the 

20 reason that the leave is required with the 

21 facts to be disclosed limited to the min22 imum necessary to establish a need for the 

23 employee to be absent from work, and the 

24 employee shall not be required to explain 


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1 the details of the domestic violence, sexual 

2 assault, or stalking involved; and 

3 (iii) with respect to confidentiality 

4 under subparagraph (D) of such para5 graph, any information provided to the em6 ployer under this paragraph shall be con7 fidential, except to the extent that any dis8 closure of such information is— 

9 (I) requested or consented to in 

10 writing by the employee; or 

11 (II) otherwise required by appli12 cable Federal or State law. 

13 SEC. 175. POSTING REQUIREMENT. 

14 (a) IN GENERAL.—Each employer shall post and 

15 keep posted a notice, to be prepared or approved in ac16 cordance with procedures specified in regulations pre17 scribed under section 182, setting forth excerpts from, or 

18 summaries of, the pertinent provisions of this subtitle in19 cluding— 

20 (1) information describing paid sick time avail21 able to employees under this subtitle; 

22 (2) information pertaining to the filing of an 

23 action under this subtitle; 


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1 (3) the details of the notice requirement for a 

2 foreseeable period of time under section 

3 174(d)(1)(B); and 

4 (4) information that describes— 

5 (A) the protections that an employee has 

6 in exercising rights under this subtitle; and 

7 (B) how the employee can contact the Sec8 retary (or other appropriate authority as de9 scribed in section 177) if any of the rights are 

10 violated. 

11 (b) LOCATION.—The notice described under sub12 section (a) shall be posted— 

13 (1) in conspicuous places on the premises of the 

14 employer, where notices to employees (including ap15 plicants) are customarily posted; or 

16 (2) in employee handbooks. 

17 (c) VIOLATION; PENALTY.—Any employer who will18 fully violates the posting requirements of this section shall 

19 be subject to a civil fine in an amount not to exceed $100 

20 for each separate offense. 

21 SEC. 176. PROHIBITED ACTS. 

22 (a) INTERFERENCE WITH RIGHTS.— 

23 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

24 for any employer to interfere with, restrain, or deny 


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1 the exercise of, or the attempt to exercise, any right 

2 provided under this subtitle, including— 

3 (A) discharging or discriminating against 

4 (including retaliating against) any individual, 

5 including a job applicant, for exercising, or at6 tempting to exercise, any right provided under 

7 this subtitle; 

8 (B) using the taking of paid sick time 

9 under this subtitle as a negative factor in an 

10 employment action, such as hiring, promotion, 

11 or a disciplinary action; or 

12 (C) counting the paid sick time under a 

13 no-fault attendance policy or any other absence 

14 control policy. 

15 (2) DISCRIMINATION.—It shall be unlawful for 

16 any employer to discharge or in any other manner 

17 discriminate against (including retaliating against) 

18 any individual, including a job applicant, for oppos19 ing any practice made unlawful by this subtitle. 

20 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR21 IES.—It shall be unlawful for any person to discharge or 

22 in any other manner discriminate against (including retali23 ating against) any individual, including a job applicant, 

24 because such individual— 


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1 (1) has filed an action, or has instituted or 

2 caused to be instituted any proceeding, under or re3 lated to this subtitle; 

4 (2) has given, or is about to give, any informa5 tion in connection with any inquiry or proceeding re6 lating to any right provided under this subtitle; or 

7 (3) has testified, or is about to testify, in any 

8 inquiry or proceeding relating to any right provided 

9 under this subtitle. 

10 (c) CONSTRUCTION.—Nothing in this section shall be 

11 construed to state or imply that the scope of the activities 

12 prohibited by section 105 of the Family and Medical Leave 

13 Act of 1993 (29 U.S.C. 2615) is less than the scope of 

14 the activities prohibited by this section. 

15 SEC. 177. ENFORCEMENT AUTHORITY. 

16 (a) IN GENERAL.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) the term ‘‘employee’’ means an em19 ployee described in subparagraph (A) or (B) of 

20 section 173(3); and 

21 (B) the term ‘‘employer’’ means an em22 ployer described in subclause (I) or (II) of sec23 tion 173(4)(A)(i). 

24 (2) INVESTIGATIVE AUTHORITY.— 


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1 (A) IN GENERAL.—To ensure compliance 

2 with the provisions of this subtitle, or any regu3 lation or order issued under this subtitle, the 

4 Secretary shall have, subject to subparagraph 

5 (C), the investigative authority provided under 

6 section 11(a) of the Fair Labor Standards Act 

7 of 1938 (29 U.S.C. 211(a)), with respect to em8 ployers, employees, and other individuals af9 fected. 

10 (B) OBLIGATION TO KEEP AND PRESERVE

11 RECORDS.—An employer shall make, keep, and 

12 preserve records pertaining to compliance with 

13 this subtitle in accordance with section 11(c) of 

14 the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 211(c)) and in accordance with regula16 tions prescribed by the Secretary. 

17 (C) REQUIRED SUBMISSIONS GENERALLY

18 LIMITED TO AN ANNUAL BASIS.—The Secretary 

19 shall not require, under the authority of this 

20 paragraph, an employer to submit to the Sec21 retary any books or records more than once 

22 during any 12-month period, unless the Sec23 retary has reasonable cause to believe there 

24 may exist a violation of this subtitle or any reg25 ulation or order issued pursuant to this subtitle, 


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1 or is investigating a charge pursuant to para2 graph (4). 

3 (D) SUBPOENA AUTHORITY.—For the pur4 poses of any investigation provided for in this 

5 paragraph, the Secretary shall have the sub6 poena authority provided for under section 9 of 

7 the Fair Labor Standards Act of 1938 (29 

8 U.S.C. 209). 

9 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID10 UALS.— 

11 (A) RIGHT OF ACTION.—An action to re12 cover the damages or equitable relief prescribed 

13 in subparagraph (B) may be maintained 

14 against any employer in any Federal or State 

15 court of competent jurisdiction by one or more 

16 employees or individuals or their representative 

17 for and on behalf of— 

18 (i) the employees or individuals; or 

19 (ii) the employees or individuals and 

20 others similarly situated. 

21 (B) LIABILITY.—Any employer who vio22 lates section 176 (including a violation relating 

23 to rights provided under section 174) shall be 

24 liable to any employee or individual affected— 

25 (i) for damages equal to— 


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1 (I) the amount of— 

2 (aa) any wages, salary, em3 ployment benefits, or other com4 pensation denied or lost by rea5 son of the violation; or 

6 (bb) in a case in which 

7 wages, salary, employment bene8 fits, or other compensation have 

9 not been denied or lost, any ac10 tual monetary losses sustained as 

11 a direct result of the violation up 

12 to a sum equal to 56 hours of 

13 wages or salary for the employee 

14 or individual; 

15 (II) the interest on the amount 

16 described in subclause (I) calculated 

17 at the prevailing rate; and 

18 (III) an additional amount as liq19 uidated damages; and 

20 (ii) for such equitable relief as may be 

21 appropriate, including employment, rein22 statement, and promotion. 

23 (C) FEES AND COSTS.—The court in an 

24 action under this paragraph shall, in addition to 

25 any judgment awarded to the plaintiff, allow a 


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1 reasonable attorney’s fee, reasonable expert wit2 ness fees, and other costs of the action to be 

3 paid by the defendant. 

4 (4) ACTION BY THE SECRETARY.— 

5 (A) ADMINISTRATIVE ACTION.—The Sec6 retary shall receive, investigate, and attempt to 

7 resolve complaints of violations of section 176 

8 (including a violation relating to rights provided 

9 under section 174) in the same manner that the 

10 Secretary receives, investigates, and attempts to 

11 resolve complaints of violations of sections 6 

12 and 7 of the Fair Labor Standards Act of 1938 

13 (29 U.S.C. 206 and 207). 

14 (B) CIVIL ACTION.—The Secretary may 

15 bring an action in any court of competent juris16 diction to recover the damages described in 

17 paragraph (3)(B)(i). 

18 (C) SUMS RECOVERED.—Any sums recov19 ered by the Secretary pursuant to subparagraph 

20 (B) shall be held in a special deposit account 

21 and shall be paid, on order of the Secretary, di22 rectly to each employee or individual affected. 

23 Any such sums not paid to an employee or indi24 vidual affected because of inability to do so 

25 within a period of 3 years shall be deposited 


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1 into the Treasury of the United States as mis2 cellaneous receipts. 

3 (5) LIMITATION.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), an action may be brought 

6 under paragraph (3), (4), or (6) not later than 

7 2 years after the date of the last event consti8 tuting the alleged violation for which the action 

9 is brought. 

10 (B) WILLFUL VIOLATION.—In the case of 

11 an action brought for a willful violation of sec12 tion 176 (including a willful violation relating to 

13 rights provided under section 174), such action 

14 may be brought within 3 years of the date of 

15 the last event constituting the alleged violation 

16 for which such action is brought. 

17 (C) COMMENCEMENT.—In determining 

18 when an action is commenced under paragraph 

19 (3), (4), or (6) for the purposes of this para20 graph, it shall be considered to be commenced 

21 on the date when the complaint is filed. 

22 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

23 The district courts of the United States shall have 

24 jurisdiction, for cause shown, in an action brought 

25 by the Secretary— 


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1 (A) to restrain violations of section 176 

2 (including a violation relating to rights provided 

3 under section 174), including the restraint of 

4 any withholding of payment of wages, salary, 

5 employment benefits, or other compensation, 

6 plus interest, found by the court to be due to 

7 employees or individuals eligible under this sub8 title; or 

9 (B) to award such other equitable relief as 

10 may be appropriate, including employment, re11 instatement, and promotion. 

12 (7) SOLICITOR OF LABOR.—The Solicitor of 

13 Labor may appear for and represent the Secretary 

14 on any litigation brought under paragraph (4) or 

15 (6). 

16 (8) GOVERNMENT ACCOUNTABILITY OFFICE

17 AND LIBRARY OF CONGRESS.—Notwithstanding any 

18 other provision of this subsection, in the case of the 

19 Government Accountability Office and the Library of 

20 Congress, the authority of the Secretary of Labor 

21 under this subsection shall be exercised respectively 

22 by the Comptroller General of the United States and 

23 the Librarian of Congress. 

24 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC25 COUNTABILITY ACT OF 1995.—The powers, remedies, and 


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1 procedures provided in the Congressional Accountability 

2 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de3 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

4 person, alleging a violation of section 202(a)(1) of that 

5 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

6 and procedures this subtitle provides to that Board, or any 

7 person, alleging an unlawful employment practice in viola8 tion of this subtitle against an employee described in sec9 tion 173(3)(C). 

10 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

11 3, UNITED STATES CODE.—The powers, remedies, and 

12 procedures provided in chapter 5 of title 3, United States 

13 Code, to the President, the Merit Systems Protection 

14 Board, or any person, alleging a violation of section 

15 412(a)(1) of that title, shall be the powers, remedies, and 

16 procedures this subtitle provides to the President, that 

17 Board, or any person, respectively, alleging an unlawful 

18 employment practice in violation of this subtitle against 

19 an employee described in section 173(3)(D). 

20 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

21 5, UNITED STATES CODE.—The powers, remedies, and 

22 procedures provided in title 5, United States Code, to an 

23 employing agency, provided in chapter 12 of that title to 

24 the Merit Systems Protection Board, or provided in that 

25 title to any person, alleging a violation of chapter 63 of 


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1 that title, shall be the powers, remedies, and procedures 

2 this subtitle provides to that agency, that Board, or any 

3 person, respectively, alleging an unlawful employment 

4 practice in violation of this subtitle against an employee 

5 described in section 173(3)(E). 

6 (e) REMEDIES FOR STATE EMPLOYEES.— 

7 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

8 State’s receipt or use of Federal financial assistance 

9 for any program or activity of a State shall con10 stitute a waiver of sovereign immunity, under the 

11 11th amendment to the Constitution or otherwise, to 

12 a suit brought by an employee of that program or 

13 activity under this subtitle for equitable, legal, or 

14 other relief authorized under this subtitle. 

15 (2) OFFICIAL CAPACITY.—An official of a State 

16 may be sued in the official capacity of the official by 

17 any employee who has complied with the procedures 

18 under subsection (a)(3), for injunctive relief that is 

19 authorized under this subtitle. In such a suit the 

20 court may award to the prevailing party those costs 

21 authorized by section 722 of the Revised Statutes 

22 (42 U.S.C. 1988). 

23 (3) APPLICABILITY.—With respect to a par24 ticular program or activity, paragraph (1) applies to 

25 conduct occurring on or after the day, after the date 


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1 of enactment of this subtitle, on which a State first 

2 receives or uses Federal financial assistance for that 

3 program or activity. 

4 (4) DEFINITION OF PROGRAM OR ACTIVITY.—In 

5 this subsection, the term ‘‘program or activity’’ has 

6 the meaning given the term in section 606 of the 

7 Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 

8 SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND 

9 FURTHER STUDY. 

10 (a) COMPILATION OF INFORMATION.—Effective 90 

11 days after the date of enactment of this subtitle, the Com12 missioner of Labor Statistics shall annually compile infor13 mation on the following: 

14 (1) The number of employees who used paid 

15 sick time. 

16 (2) The number of hours of paid sick time 

17 used. 

18 (3) The number of employees who used paid 

19 sick time for absences necessary due to domestic vio20 lence, sexual assault, or stalking. 

21 (4) The demographic characteristics of employ22 ees who were eligible for and who used paid sick 

23 time. 

24 (b) GAO STUDY.— 


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1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall annually conduct a study to 

3 determine the following: 

4 (A)(i) The number of days employees used 

5 paid sick time and the reasons for the use. 

6 (ii) The number of employees who used the 

7 paid sick time for periods of time covering more 

8 than 3 consecutive workdays. 

9 (B) The cost and benefits to employers of 

10 implementing the paid sick time policies. 

11 (C) The cost to employees of providing cer12 tification to obtain the paid sick time. 

13 (D) The benefits of the paid sick time to 

14 employees and their family members, including 

15 effects on employees’ ability to care for their 

16 family members or to provide for their own 

17 health needs. 

18 (E) Whether the paid sick time affected 

19 employees’ ability to sustain an adequate in20 come while meeting needs of the employees and 

21 their family members. 

22 (F) Whether employers who administered 

23 paid sick time policies prior to the date of en24 actment of this subtitle were affected by the 

25 provisions of this subtitle. 


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1 (G) Whether other types of leave were af2 fected by this subtitle. 

3 (H) Whether paid sick time affected reten4 tion and turnover and costs of presenteeism. 

5 (I) Whether the paid sick time increased 

6 the use of less costly preventive medical care 

7 and lowered the use of emergency room care. 

8 (J) Whether the paid sick time reduced the 

9 number of children sent to school when the chil10 dren were sick. 

11 (2) AGGREGATING DATA.—The data collected 

12 under subparagraphs (A) and (D) of paragraph (1) 

13 shall be aggregated by gender, race, disability, earn14 ings level, age, marital status, family type, including 

15 parental status, and industry. 

16 (3) REPORTS.— 

17 (A) IN GENERAL.—Not later than 18 

18 months after the date of enactment of this sub19 title, the Comptroller General of the United 

20 States shall prepare and submit a report to the 

21 appropriate committees of Congress concerning 

22 the results of the study conducted pursuant to 

23 paragraph (1) and the data aggregated under 

24 paragraph (2). 


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1 (B) FOLLOWUP REPORT.—Not later than 

2 5 years after the date of enactment of this sub3 title, the Comptroller General of the United 

4 States shall prepare and submit a followup re5 port to the appropriate committees of Congress 

6 concerning the results of the study conducted 

7 pursuant to paragraph (1) and the data aggre8 gated under paragraph (2). 

9 SEC. 179. EFFECT ON OTHER LAWS. 

10 (a) FEDERAL AND STATE ANTIDISCRIMINATION

11 LAWS.—Nothing in this subtitle shall be construed to 

12 modify or affect any Federal or State law prohibiting dis13 crimination on the basis of race, religion, color, national 

14 origin, sex, age, or disability. 

15 (b) STATE AND LOCAL LAWS.—Nothing in this sub16 title shall be construed to supersede (including pre17 empting) any provision of any State or local law that pro18 vides greater paid sick time or leave rights (including 

19 greater paid sick time or leave, or greater coverage of 

20 those eligible for paid sick time or leave) than the rights 

21 established under this subtitle. 

22 SEC. 180. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

23 (a) MORE PROTECTIVE.—Nothing in this subtitle 

24 shall be construed to diminish the obligation of an em25 ployer to comply with any contract, collective bargaining 


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1 agreement, or any employment benefit program or plan 

2 that provides greater paid sick leave or other leave rights 

3 to employees or individuals than the rights established 

4 under this subtitle. 

5 (b) LESS PROTECTIVE.—The rights established for 

6 employees under this subtitle shall not be diminished by 

7 any contract, collective bargaining agreement, or any em8 ployment benefit program or plan. 

9 SEC. 181. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

10 POLICIES. 

11 Nothing in this subtitle shall be construed to discour12 age employers from adopting or retaining leave policies 

13 more generous than policies that comply with the require14 ments of this subtitle. 

15 SEC. 182. REGULATIONS. 

16 (a) IN GENERAL.— 

17 (1) AUTHORITY.—Except as provided in para18 graph (2), not later than 180 days after the date of 

19 enactment of this subtitle, the Secretary shall pre20 scribe such regulations as are necessary to carry out 

21 this subtitle with respect to employees described in 

22 subparagraph (A) or (B) of section 173(3) and other 

23 individuals affected by employers described in sub24 clause (I) or (II) of section 173(4)(A)(i). 


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1 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI2 BRARY OF CONGRESS.—The Comptroller General of 

3 the United States and the Librarian of Congress 

4 shall prescribe the regulations with respect to em5 ployees of the Government Accountability Office and 

6 the Library of Congress, respectively and other indi7 viduals affected by the Comptroller General of the 

8 United States and the Librarian of Congress, re9 spectively. 

10 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC11 COUNTABILITY ACT OF 1995.— 

12 (1) AUTHORITY.—Not later than 120 days 

13 after the date of enactment of this subtitle, the 

14 Board of Directors of the Office of Compliance shall 

15 prescribe (in accordance with section 304 of the 

16 Congressional Accountability Act of 1995 (2 U.S.C. 

17 1384)) such regulations as are necessary to carry 

18 out this subtitle with respect to employees described 

19 in section 173(3)(C) and other individuals affected 

20 by employers described in section 173(4)(A)(i)(III). 

21 (2) AGENCY REGULATIONS.—The regulations 

22 prescribed under paragraph (1) shall be the same as 

23 substantive regulations promulgated by the Sec24 retary to carry out this subtitle except insofar as the 

25 Board may determine, for good cause shown and 


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1 stated together with the regulations prescribed 

2 under paragraph (1), that a modification of such 

3 regulations would be more effective for the imple4 mentation of the rights and protections involved 

5 under this section. 

6 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

7 3, UNITED STATES CODE.— 

8 (1) AUTHORITY.—Not later than 120 days 

9 after the date of enactment of this subtitle, the 

10 President (or the designee of the President) shall 

11 prescribe such regulations as are necessary to carry 

12 out this subtitle with respect to employees described 

13 in section 173(3)(D) and other individuals affected 

14 by employers described in section 173(4)(A)(i)(IV). 

15 (2) AGENCY REGULATIONS.—The regulations 

16 prescribed under paragraph (1) shall be the same as 

17 substantive regulations promulgated by the Sec18 retary to carry out this subtitle except insofar as the 

19 President (or designee) may determine, for good 

20 cause shown and stated together with the regula21 tions prescribed under paragraph (1), that a modi22 fication of such regulations would be more effective 

23 for the implementation of the rights and protections 

24 involved under this section. 


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1 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

2 5, UNITED STATES CODE.— 

3 (1) AUTHORITY.—Not later than 120 days 

4 after the date of enactment of this subtitle, the Di5 rector of the Office of Personnel Management shall 

6 prescribe such regulations as are necessary to carry 

7 out this subtitle with respect to employees described 

8 in section 173(3)(E) and other individuals affected 

9 by employers described in section 173(4)(A)(i)(V). 

10 (2) AGENCY REGULATIONS.—The regulations 

11 prescribed under paragraph (1) shall be the same as 

12 substantive regulations promulgated by the Sec13 retary to carry out this subtitle except insofar as the 

14 Director may determine, for good cause shown and 

15 stated together with the regulations prescribed 

16 under paragraph (1), that a modification of such 

17 regulations would be more effective for the imple18 mentation of the rights and protections involved 

19 under this section. 

20 SEC. 183. EFFECTIVE DATES. 

21 (a) EFFECTIVE DATE.—This subtitle shall take effect 

22 6 months after the date of issuance of regulations under 

23 section 182(a)(1). 

24 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

25 case of a collective bargaining agreement in effect on the 


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1 effective date prescribed by subsection (a), this subtitle 

2 shall take effect on the earlier of— 

3 (1) the date of the termination of such agree4 ment; or 

5 (2) the date that occurs 18 months after the 

6 date of issuance of regulations under section 

7 182(a)(1). 

8 TITLE II—CHILD CARE 

9 EXPANSION AND IMPROVEMENT 

10 Subtitle A—Care for Young 

11 Children 

12 SEC. 201. EXPANDING CHILD CARE FOR YOUNG CHILDREN. 

13 (a) GOALS.—Section 658A(b) of the Child Care and 

14 Development Block Grant Act of 1990 (42 U.S.C. 9801 

15 note) is amended— 

16 (1) in paragraph (4), by striking ‘‘and’’; 

17 (2) in paragraph (5), by striking the period and 

18 inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(6) to assist States in improving child care 

21 services for young children.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 658B of the Child Care and Development Block Grant Act 

24 of 1990 (42 U.S.C. 9858) is amended— 


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1 (1) by striking ‘‘There’’ and inserting ‘‘(a) In 

2 General.—There’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) CHILD CARE ACTIVITIES FOR YOUNG CHIL5 DREN.—In addition to amounts appropriated under sub6 section (a), there is authorized to be appropriated to carry 

7 out child care activities for young children under this sub8 chapter $500,000,000 for each of the fiscal years 2012, 

9 2013, and 2014.’’. 

10 (c) CHILD CARE ACTIVITIES FOR YOUNG CHIL11 DREN.—The Child Care and Development Block Grant 

12 Act of 1990 (42 U.S.C. 9801 et seq.) is amended by in13 serting after section 658G the following: 

14 ‘‘SEC. 658H. CHILD CARE ACTIVITIES FOR YOUNG CHIL15 DREN. 

16 ‘‘Child care activities for young children for which 

17 funds under this subchapter may be used include activities 

18 that are designed to accomplish the following: 

19 ‘‘(1) Increase the availability of child care serv20 ices for young children with disabilities. 

21 ‘‘(2) Provide support services for networks of 

22 family child care providers. 

23 ‘‘(3) Provide or support programs that provide 

24 training, services, materials, equipment, or other 

25 support to caregivers, eligible child care providers, 


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1 and family child care providers that provide child 

2 care to young children. Such support may include 

3 the purchase of equipment such as cribs and high 

4 chairs. 

5 ‘‘(4) Provide funds to increase compensation of6 fered and provide bonuses to caregivers, eligible 

7 child care providers, and family child care providers 

8 who provide child care to children under the age of 

9 3 years, especially those caregivers and providers 

10 who have formal education in early childhood devel11 opment. 

12 ‘‘(5) Provide and support networks between 

13 health care providers and caregivers, eligible child 

14 care providers, and family child care providers that 

15 provide child care to young children. 

16 ‘‘(6) Provide child care services for young chil17 dren who are enrolled in Head Start programs under 

18 the Head Start Act (42 U.S.C. 9831 et seq.).’’. 

19 (d) DEFINITIONS.—Section 658P of the Child Care 

20 and Development Block Grant Act of 1990 (42 U.S.C. 

21 9858n) is amended by adding at the end the following: 

22 ‘‘(15) YOUNG CHILDREN.—The term ‘young 

23 children’ means eligible children who are less than 3 

24 years of age.’’. 


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1 Subtitle B—Improving Child Care 

2 Quality Through Teacher Incen3 tives 

4 SEC. 211. PURPOSE. 

5 The purposes of this subtitle are— 

6 (1) to establish the Child Care Provider Devel7 opment and Retention Grant Program, the Child 

8 Care Provider Scholarship Program, and a program 

9 of child care provider health benefits coverage; and 

10 (2) to help children receive the high-quality 

11 child care and early education the children need for 

12 positive cognitive and social development, by reward13 ing and promoting the retention of committed, quali14 fied child care providers and by providing financial 

15 assistance to improve the educational qualifications 

16 of child care providers. 

17 SEC. 212. DEFINITIONS. 

18 In this subtitle: 

19 (1) CHILD CARE PROVIDER.—The term ‘‘child 

20 care provider’’ means an individual who provides a 

21 service directly to a child on a person-to-person basis 

22 for compensation for— 

23 (A) a center-based child care provider that 

24 is licensed or regulated under State or local law 

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1 ments applicable to the child care services pro2 vided; 

3 (B) a licensed or regulated family child 

4 care provider that satisfies the State and local 

5 requirements applicable to the child care serv6 ices provided; or 

7 (C) an out-of-school time program that is 

8 licensed or regulated under State or local law 

9 and that satisfies the State and local require10 ments applicable to the child care services pro11 vided. 

12 (2) FAMILY CHILD CARE PROVIDER.—The term 

13 ‘‘family child care provider’’ has the meaning given 

14 such term in section 658P of the Child Care and 

15 Development Block Grant Act of 1990 (42 U.S.C. 

16 9858n). 

17 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given such term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450b). 

21 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 

22 means the agency designated under section 658D of 

23 the Child Care and Development Block Grant Act of 

24 1990 (42 U.S.C. 9858b). 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (6) STATE.—The term ‘‘State’’ means any of 

4 the several States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, the Virgin Islands of 

6 the United States, Guam, American Samoa, or the 

7 Commonwealth of the Northern Mariana Islands. 

8 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal 

9 organization’’ has the meaning given the term in 

10 section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 450b). 

12 SEC. 213. FUNDS FOR CHILD CARE PROVIDER DEVELOP13 MENT AND RETENTION GRANTS, SCHOLAR14 SHIPS, AND HEALTH BENEFITS COVERAGE. 

15 (a) IN GENERAL.—From amounts appropriated to 

16 carry out this subtitle, the Secretary may allot and dis17 tribute funds to eligible States, and make payments to In18 dian tribes and tribal organizations, to pay for the Federal 

19 share of the cost of carrying out activities under sections 

20 216, 217, and 218 for eligible child care providers. 

21 (b) ALLOTMENTS.—The funds shall be allotted and 

22 distributed, and the payments shall be made, by the Sec23 retary in accordance with section 214, and expended by 

24 the States (directly, or at the option of the States, through 

25 units of general purpose local government), and by Indian 


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1 tribes and tribal organizations, in accordance with this 

2 subtitle. 

3 SEC. 214. ALLOTMENTS TO STATES. 

4 (a) AMOUNTS RESERVED.— 

5 (1) TERRITORIES AND POSSESSIONS.—The Secretary shall reserve not more than 1 6 ⁄2 of 1 percent 

7 of the funds appropriated under section 221(a), and 

not more than 1 8 ⁄2 of 1 percent of the funds appro9 priated under section 222(b), for any fiscal year for 

10 payments to the Virgin Islands of the United States, 

11 Guam, American Samoa, and the Commonwealth of 

12 the Northern Mariana Islands, to be allotted in ac13 cordance with their respective needs. 

14 (2) INDIAN TRIBES AND TRIBAL ORGANIZA15 TIONS.—The Secretary shall reserve not more than 

16 3 percent of the funds appropriated under section 

17 221(a), and not more than 3 percent of the funds 

18 appropriated under section 221(b), for any fiscal 

19 year for payments to Indian tribes and tribal organi20 zations with applications approved under subsection 

21 (c). 

22 (b) ALLOTMENTS TO REMAINING STATES.— 

23 (1) GENERAL AUTHORITY.—From the funds 

24 appropriated under section 221(a) for any fiscal year 

25 and remaining after the reservations made under 


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1 subsection (a), and from the funds appropriated 

2 under section 221(b) for any fiscal year and remain3 ing after the reservations made under subsection (a), 

4 the Secretary shall allot to each State an amount 

5 equal to the sum of— 

6 (A) an amount that bears the same ratio 

7 to 50 percent of the appropriate remainder as 

8 the product of the young child factor of the 

9 State and the allotment percentage of the State 

10 bears to the sum of the corresponding products 

11 for all States; and 

12 (B) an amount that bears the same ratio 

13 to 50 percent of such remainder as the product 

14 of the school lunch factor of the State and the 

15 allotment percentage of the State bears to the 

16 sum of the corresponding products for all 

17 States. 

18 (2) YOUNG CHILD FACTOR.—In this subsection, 

19 the term ‘‘young child factor’’ means the ratio of the 

20 number of children under 5 years of age in the State 

21 to the number of such children in all the States, as 

22 determined according to the most recent annual esti23 mates of population in the States, as provided by the 

24 Bureau of the Census. 


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1 (3) SCHOOL LUNCH FACTOR.—In this sub2 section, the term ‘‘school lunch factor’’ means the 

3 ratio of the number of children who are receiving 

4 free or reduced price lunches under the school lunch 

5 program established under the Richard B. Russell 

6 National School Lunch Act (42 U.S.C. 1751 et seq.) 

7 in the State to the number of such children in all 

8 the States, as determined annually by the Depart9 ment of Agriculture. 

10 (4) ALLOTMENT PERCENTAGE.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), for purposes of this sub13 section, the allotment percentage for a State 

14 shall be determined by dividing the per capita 

15 income of all individuals in the United States, 

16 by the per capita income of all individuals in 

17 the State. 

18 (B) LIMITATIONS.—For purposes of this 

19 subsection, if an allotment percentage deter20 mined under subparagraph (A)— 

21 (i) is more than 1.2 percent, the allot22 ment percentage of that State shall be con23 sidered to be 1.2 percent; and 


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1 (ii) is less than 0.8 percent, the allot2 ment percentage of the State shall be con3 sidered to be 0.8 percent. 

4 (C) PER CAPITA INCOME.—For purposes 

5 of subparagraph (A), per capita income shall 

6 be— 

7 (i) determined at 2-year intervals; 

8 (ii) applied for the 2-year period be9 ginning on October 1 of the first fiscal 

10 year beginning after the date such deter11 mination is made; and 

12 (iii) equal to the average of the an13 nual per capita incomes for the most re14 cent period of 3 consecutive years for 

15 which satisfactory data are available from 

16 the Department of Commerce at the time 

17 such determination is made. 

18 (c) PAYMENTS TO INDIAN TRIBES AND TRIBAL OR19 GANIZATIONS.— 

20 (1) RESERVATION OF FUNDS.—From amounts 

21 reserved under subsection (a)(2), the Secretary may 

22 make grants to or enter into contracts with Indian 

23 tribes and tribal organizations that submit applica24 tions under this subsection, to plan and carry out 

25 programs and activities— 


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1 (A) to encourage child care providers to 

2 improve their qualifications; 

3 (B) to retain qualified child care providers 

4 in the child care field; and 

5 (C) to provide health benefits coverage for 

6 child care providers. 

7 (2) APPLICATIONS AND REQUIREMENTS.—To 

8 be eligible to receive a grant or contract under this 

9 subsection, an Indian tribe or tribal organization 

10 shall submit an application to the Secretary at such 

11 time, in such manner, and containing such informa12 tion as the Secretary may require. The application 

13 shall provide that the applicant— 

14 (A) will coordinate the programs and ac15 tivities involved, to the maximum extent prac16 ticable, with the lead agency in each State in 

17 which the applicant will carry out such pro18 grams and activities; and 

19 (B) will make such reports on, and conduct 

20 such audits of the funds made available through 

21 the grant or contract for, programs and activi22 ties under this subtitle as the Secretary may re23 quire. 

24 (d) DATA AND INFORMATION.—The Secretary shall 

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1 cent data and information necessary to determine the al2 lotments provided for in subsection (b). 

3 (e) REALLOTMENTS.— 

4 (1) IN GENERAL.—Any portion of an allotment 

5 under subsection (b) to a State for a fiscal year that 

6 the Secretary determines will not be distributed to 

7 the State for such fiscal year shall be reallotted by 

8 the Secretary to other States in proportion to the 

9 original corresponding allotments made under such 

10 subsection to such States for such fiscal year. 

11 (2) LIMITATIONS.— 

12 (A) REDUCTION.—The amount of any re13 allotment to which a State is entitled under this 

14 subsection shall be reduced to the extent that 

15 such amount exceeds the amount that the Sec16 retary estimates will be distributed to the State 

17 to carry out corresponding activities under this 

18 subtitle. 

19 (B) REALLOTMENTS.—The amount of 

20 such reduction shall be reallotted to States for 

21 which no reduction in a corresponding allot22 ment, or in a corresponding reallotment, is re23 quired by this subsection, in proportion to the 

24 original corresponding allotments made under 


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1 subsection (b) to such States for such fiscal 

2 year. 

3 (3) AMOUNTS REALLOTTED.—For purposes of 

4 this subtitle (other than this subsection and sub5 section (b)), any amount reallotted to a State under 

6 this subsection shall be considered to be part of the 

7 corresponding allotment made under subsection (b) 

8 to the State. 

9 (4) INDIAN TRIBES OR TRIBAL ORGANIZA10 TIONS.—Any portion of a grant or contract made to 

11 an Indian tribe or tribal organization under sub12 section (c) that the Secretary determines is not 

13 being used in a manner consistent with the provi14 sions of this subtitle in the period for which the 

15 grant or contract is made available, shall be used by 

16 the Secretary to make payments to other tribes or 

17 organizations that have submitted applications under 

18 subsection (c) in accordance with their respective 

19 needs. 

20 (f) COST-SHARING.— 

21 (1) CHILD CARE PROVIDER DEVELOPMENT AND

22 RETENTION GRANTS AND SCHOLARSHIPS.— 

23 (A) FEDERAL SHARE.—The Federal share 

24 of the cost of carrying out activities under sec25 tions 216 and 217, with funds allotted under 


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1 this section and distributed by the Secretary to 

2 a State, shall be— 

3 (i) not more than 90 percent of the 

4 cost of each grant made under such sec5 tions, in the first fiscal year for which the 

6 State receives such funds; 

7 (ii) not more than 85 percent of the 

8 cost of each grant made under such sec9 tions, in the second fiscal year for which 

10 the State receives such funds; 

11 (iii) not more than 80 percent of the 

12 cost of each grant made under such sec13 tions, in the third fiscal year for which the 

14 State receives such funds; and 

15 (iv) not more than 75 percent of the 

16 cost of each grant made under such sec17 tions, in any subsequent fiscal year for 

18 which the State receives such funds. 

19 (B) NON-FEDERAL SHARE.— 

20 (i) IN GENERAL.—The State may pro21 vide the non-Federal share of the cost in 

22 cash or in the form of an in-kind contribu23 tion, fairly evaluated by the Secretary. 

24 (ii) IN-KIND CONTRIBUTION.—In this 

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1 tion’’ means payment of the costs of par2 ticipation of eligible child care providers in 

3 health insurance programs or retirement 

4 programs. 

5 (2) CHILD CARE PROVIDER HEALTH BENEFITS

6 COVERAGE.— 

7 (A) FEDERAL SHARE.—The Federal share 

8 of the cost of carrying out activities under sec9 tion 218, with funds allotted under this section 

10 and distributed by the Secretary to a State, 

11 shall be not more than 50 percent of such cost. 

12 (B) NON-FEDERAL SHARE.—The State 

13 may provide the non-Federal share of the cost 

14 in cash or in kind, fairly evaluated by the Sec15 retary, including plant, equipment, or services. 

16 The State shall provide the non-Federal share 

17 directly or through donations from public or 

18 private entities. Amounts provided by the Fed19 eral Government, or services assisted or sub20 sidized to any significant extent by the Federal 

21 Government, may not be included in deter22 mining the amount of such share. 

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1 tion for activities described in sections 216 and 217 and 

2 distributed by the Secretary to a State for a fiscal year— 

3 (1) not less than 67.5 percent shall be available 

4 to the State for grants under section 216; 

5 (2) not less than 22.5 percent shall be available 

6 to the State for grants under section 217; and 

7 (3) not more than 10 percent shall be available 

8 to pay administrative costs incurred by the State to 

9 carry out activities described in sections 216 and 

10 217. 

11 (h) DEFINITION.—For the purposes of subsections 

12 (a) through (e), the term ‘‘State’’ includes only the 50 

13 States, the District of Columbia, and the Commonwealth 

14 of Puerto Rico. 

15 SEC. 215. APPLICATION AND PLAN. 

16 (a) APPLICATION.—To be eligible to receive a dis17 tribution of funds allotted under section 214, a State shall 

18 submit to the Secretary an application at such time, in 

19 such manner, and containing such information as the Sec20 retary may require by rule and shall include in such appli21 cation— 

22 (1) a State plan that satisfies the requirements 

23 of subsection (b); and 


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1 (2) assurances of compliance satisfactory to the 

2 Secretary with respect to the requirements of section 

3 218. 

4 (b) REQUIREMENTS OF PLAN.— 

5 (1) LEAD AGENCY.—The State plan shall iden6 tify the lead agency to make grants under this sub7 title for the State. 

8 (2) RECRUITMENT AND RETENTION OF CHILD

9 CARE PROVIDERS.—The State plan shall describe 

10 how the lead agency will encourage both the recruit11 ment of qualified child care providers who are new 

12 to the child care field and the retention of qualified 

13 child care providers who have a demonstrated com14 mitment to the child care field. 

15 (3) NOTIFICATION OF AVAILABILITY OF GRANTS

16 AND BENEFITS.—The State plan shall describe how 

17 the lead agency will identify all eligible child care 

18 providers in the State and notify the providers of the 

19 availability of grants and benefits under this sub20 title. 

21 (4) DISTRIBUTION OF GRANTS.—The State 

22 plan shall describe how the lead agency will make 

23 grants under sections 216 and 217 to eligible child 

24 care providers in selected geographical areas in the 

25 State in compliance with the following requirements: 


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1 (A) SELECTION OF GEOGRAPHICAL

2 AREAS.—For the purpose of making such 

3 grants for a fiscal year, the State shall— 

4 (i) select a variety of geographical 

5 areas, determined by the State, that, col6 lectively— 

7 (I) include urban areas, suburban 

8 areas, and rural areas; and 

9 (II) are areas whose residents 

10 have diverse income levels; and 

11 (ii) give special consideration to geo12 graphical areas selected under this sub13 paragraph for the preceding fiscal year. 

14 (B) SELECTION OF CHILD CARE PRO15 VIDERS TO RECEIVE GRANTS.—In making 

16 grants under section 216, the State may make 

17 grants only to eligible child care providers in 

18 geographical areas selected under subparagraph 

19 (A), but may give special consideration in such 

20 areas to eligible child care providers— 

21 (i) who have attained a higher rel22 evant educational credential; 

23 (ii) who provide a specific kind of 

24 child care services; 


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1 (iii) who provide child care services to 

2 populations who meet specific economic 

3 characteristics; or 

4 (iv) who meet such other criteria as 

5 the State may establish. 

6 (C) LIMITATION.—The State shall describe 

7 how the State will ensure that grants made 

8 under section 216 to child care providers will 

9 not be used to offset reductions in the com10 pensation of such providers. 

11 (D) REPORTING REQUIREMENT.—With re12 spect to each particular geographical area se13 lected under subparagraph (A), the State shall 

14 provide an assurance that the State will, for 

15 each fiscal year for which such State receives a 

16 grant under section 216— 

17 (i) include in the report required by 

18 section 219, detailed information regard19 ing— 

20 (I) the continuity of employment 

21 of the grant recipients as child care 

22 providers with the same employer; 

23 (II) with respect to each em24 ployer that employed such a grant re25 cipient, whether such employer was 


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1 accredited by a recognized national or 

2 State accrediting body during the pe3 riod of employment; and 

4 (III) to the extent practicable 

5 and available to the State, the rate 

6 and frequency of employment turnover 

7 of qualified child care providers 

8 throughout such area, 

9 during the 2-year period ending on the 

10 deadline for submission of applications for 

11 grants under section 216 for that fiscal 

12 year; and 

13 (ii) provide a follow-up report, not 

14 later than 90 days after the end of the suc15 ceeding fiscal year that includes informa16 tion regarding— 

17 (I) the continuity of employment 

18 of the grant recipients as child care 

19 providers with the same employer; 

20 (II) with respect to each em21 ployer that employed such a grant re22 cipient, whether such employer was 

23 accredited by a recognized national or 

24 State accrediting body during the pe25 riod of employment; and 


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1 (III) to the extent practicable 

2 and available to the State, detailed in3 formation regarding the rate and fre4 quency of employment turnover of 

5 qualified child care providers through6 out such area, 

7 during the 1-year period beginning on the 

8 date on which the grant to the State was 

9 made under section 216. 

10 (5) CHILD CARE PROVIDER DEVELOPMENT AND

11 RETENTION GRANT PROGRAM.—The State plan shall 

12 describe how the lead agency will determine the 

13 amounts of grants to be made under section 216 in 

14 accordance with the following requirements: 

15 (A) SUFFICIENT AMOUNTS.—The State 

16 shall demonstrate that the amounts of indi17 vidual grants to be made under section 216 will 

18 be sufficient— 

19 (i) to encourage child care providers 

20 to improve their qualifications; and 

21 (ii) to retain qualified child care pro22 viders in the child care field. 

23 (B) AMOUNTS TO CREDENTIALED PRO24 VIDERS.—Such grants made to eligible child 

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1 sociate credential (or equivalent) and who are 

2 employed full-time to provide child care services 

3 shall be in an amount that is not less than 

4 $1,000 per year. 

5 (C) AMOUNTS TO PROVIDERS WITH HIGH6 ER LEVELS OF EDUCATION.—The State shall 

7 make such grants in amounts greater than 

8 $1,000 per year to eligible child care providers 

9 who have higher levels of education than the 

10 education required for a credential such as a 

11 child development associate credential (or equiv12 alent), according to the following requirements: 

13 (i) PROVIDERS WITH BACCALAUREATE

14 DEGREES IN RELEVANT FIELDS.—An eligi15 ble child care provider who has a bacca16 laureate degree in the area of child devel17 opment or early child education shall re18 ceive a grant under section 216 in an 

19 amount that is not less than twice the 

20 amount of the grant that is made under 

21 section 216 to an eligible child care pro22 vider who has an associate of the arts de23 gree in the area of child development or 

24 early child education. 


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1 (ii) PROVIDERS WITH ASSOCIATE DE2 GREES.—An eligible child care provider 

3 who has an associate of the arts degree in 

4 the area of child development or early child 

5 education shall receive a grant under sec6 tion 216 in an amount that is not less 

7 than 150 percent of the amount of the 

8 grant that is made under section 216 to an 

9 eligible child care provider who has a child 

10 development associate credential (or equiv11 alent) and is employed full-time to provide 

12 child care services. 

13 (iii) OTHER PROVIDERS WITH BACCA14 LAUREATE DEGREES.— 

15 (I) IN GENERAL.—Except as pro16 vided in subclause (II), an eligible 

17 child care provider who has a bacca18 laureate degree in a field other than 

19 child development or early child edu20 cation shall receive a grant under sec21 tion 216 in an amount equal to the 

22 amount of the grant that is made 

23 under section 216 to an eligible child 

24 care provider who has an associate of 


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1 the arts degree in the area of child de2 velopment or early child education. 

3 (II) EXCEPTION.—If an eligible 

4 child care provider who has such a 

5 baccalaureate degree obtains addi6 tional educational training in the area 

7 of child development or early child 

8 education, as specified by the State, 

9 such provider shall receive a grant 

10 under section 216 in an amount equal 

11 to the amount of the grant that is 

12 made under section 216 to an eligible 

13 child care provider who has a bacca14 laureate degree specified in clause (i). 

15 (D) AMOUNTS TO FULL-TIME PRO16 VIDERS.—The State shall make a grant under 

17 section 216 to an eligible child care provider 

18 who works full-time in a greater amount than 

19 the amount of the grant that is made under 

20 section 216 to an eligible child care provider 

21 who works part-time, based on the State defini22 tions of full-time and part-time work. 

23 (E) AMOUNTS TO EXPERIENCED PRO24 VIDERS.—The State shall make grants under 

25 section 216 in progressively larger amounts to 


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1 eligible child care providers to reflect the num2 ber of years worked as child care providers. 

3 (6) DISTRIBUTION OF CHILD CARE PROVIDER

4 SCHOLARSHIPS.—The State plan shall describe how 

5 the lead agency will make grants for scholarships in 

6 compliance with section 217 and shall specify the 

7 types of educational and training programs for 

8 which the scholarship grants made under such sec9 tion may be used, including only programs that— 

10 (A) are administered by institutions of 

11 higher education that are eligible to participate 

12 in student financial assistance programs under 

13 title IV of the Higher Education Act of 1965 

14 (20 U.S.C. 1070 et seq.); and 

15 (B) lead to a State or nationally recog16 nized credential in the area of child develop17 ment or early child education, an associate of 

18 the arts degree in the area of child development 

19 or early child education, or a baccalaureate de20 gree in the area of child development or early 

21 child education. 

22 (7) EMPLOYER CONTRIBUTION.—The State 

23 plan shall describe how the lead agency will encour24 age employers of child care providers to contribute 


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1 to the attainment of education goals by eligible child 

2 care providers who receive grants under section 217. 

3 (8) SUPPLEMENTATION.—The State plan shall 

4 provide assurances that amounts received by the 

5 State to carry out sections 216, 217, and 218 will 

6 be used only to supplement, and not to supplant, 

7 Federal, State, and local funds otherwise available to 

8 support existing services and activities (as of the 

9 date the amounts are used) that— 

10 (A) encourage child care providers to im11 prove their qualifications and that promote the 

12 retention of qualified child care providers in the 

13 child care field; or 

14 (B) provide health benefits coverage for 

15 child care providers. 

16 SEC. 216. CHILD CARE PROVIDER DEVELOPMENT AND RE17 TENTION GRANT PROGRAM. 

18 (a) IN GENERAL.—A State that receives funds allot19 ted under section 214 and made available to carry out this 

20 section shall expend such funds to pay for the Federal 

21 share of the cost of making grants to eligible child care 

22 providers in accordance with this section, to improve the 

23 qualifications and promote the retention of qualified child 

24 care providers. 


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1 (b) ELIGIBILITY TO RECEIVE GRANTS.—To be eligi2 ble to receive a grant under this section, a child care pro3 vider shall— 

4 (1) have a child development associate creden5 tial (or equivalent), an associate of the arts degree 

6 in the area of child development or early child edu7 cation, a baccalaureate degree in the area of child 

8 development or early child education, or a bacca9 laureate degree in an unrelated field; and 

10 (2) be employed as a child care provider for not 

11 less than 1 calendar year, or (if the provider is em12 ployed on the date of the eligibility determination in 

13 a child care program that operates for less than a 

14 full calendar year) the program equivalent of 1 cal15 endar year, ending on the date of the application for 

16 such grant, except that not more than 3 months of 

17 education related to child development or to early 

18 child education obtained during the corresponding 

19 calendar year may be treated as employment that 

20 satisfies the requirements of this paragraph. 

21 (c) PRESERVATION OF ELIGIBILITY.—A State shall 

22 not take into consideration whether a child care provider 

23 is receiving, may receive, or may be eligible to receive any 

24 funds or benefits under any other provision of this subtitle 


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1 for purposes of selecting eligible child care providers to 

2 receive grants under this section. 

3 SEC. 217. CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. 

4 (a) IN GENERAL.—A State that receives funds allot5 ted under section 214 and made available to carry out this 

6 section shall expend such funds to pay for the Federal 

7 share of the cost of making scholarship grants to eligible 

8 child care providers in accordance with this section, to im9 prove their educational qualifications to provide child care 

10 services. 

11 (b) ELIGIBILITY REQUIREMENT FOR SCHOLARSHIP

12 GRANTS.—To be eligible to receive a scholarship grant 

13 under this section, a child care provider shall be employed 

14 as a child care provider for not less than 1 calendar year, 

15 or (if the provider is employed on the date of the eligibility 

16 determination in a child care program that operates for 

17 less than a full calendar year) the program equivalent of 

18 1 calendar year, ending on the date of the application for 

19 such grant. 

20 (c) SELECTION OF GRANTEES.—For purposes of se21 lecting eligible child care providers to receive scholarship 

22 grants under this section and determining the amounts of 

23 such grants, a State shall not— 

24 (1) take into consideration whether a child care 

25 provider is receiving, may receive, or may be eligible 


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1 to receive any funds or benefits under any other pro2 vision of this subtitle, or under any other Federal or 

3 State law that provides funds for educational pur4 poses; or 

5 (2) consider as resources of such provider any 

6 funds such provider is receiving, may receive, or may 

7 be eligible to receive under any other provision of 

8 this subtitle, under any other Federal or State law 

9 that provides funds for educational purposes, or 

10 from a private entity. 

11 (d) COST-SHARING REQUIRED.—The amount of a 

12 scholarship grant made under this section to an eligible 

13 child care provider shall be less than the cost of the edu14 cational or training program for which such grant is made. 

15 (e) ANNUAL MAXIMUM SCHOLARSHIP GRANT

16 AMOUNT.—The maximum aggregate dollar amount of a 

17 scholarship grant made by a State to an eligible child care 

18 provider under this section in a fiscal year shall be $1,500. 

19 SEC. 218. CHILD CARE PROVIDER HEALTH BENEFITS COV20 ERAGE. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Healthy Early Education Workforce Grant Program 

23 Act’’. 

24 (b) DEFINITION.—In this section, the terms ‘‘depend25 ent’’, ‘‘domestic partner’’, and ‘‘spouse’’, used with respect 


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1 to a State, have the meanings given the terms by the 

2 State. 

3 (c) GENERAL AUTHORITY.—A State that receives 

4 funds allotted under section 214 and made available to 

5 carry out this section shall expend such funds to pay for 

6 the Federal share of the cost of providing access to afford7 able health benefits coverage for— 

8 (1) eligible child care providers; and 

9 (2) at the discretion of the State involved, the 

10 spouses, domestic partners, and dependents of such 

11 providers. 

12 (d) PERMISSIBLE ACTIVITIES.—In carrying out sub13 section (c), the State may expend such funds for any of 

14 the following: 

15 (1) To reimburse an employer of an eligible 

16 child care provider, or the provider, for the employ17 er’s or provider’s share (or a portion of the share) 

18 of the premiums or other costs for coverage under 

19 group or individual health plans. 

20 (2) To offset the cost of enrolling eligible child 

21 care providers in public health benefits plans, such 

22 as the medicaid program under title XIX of the So23 cial Security Act (42 U.S.C. 1396 et seq.), the State 

24 children’s health insurance program under title XXI 


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1 of such Act (42 U.S.C. 1397aa et seq.), or public 

2 employee health benefit plans. 

3 (3) To otherwise subsidize the cost of health 

4 benefits coverage for eligible child care providers. 

5 (e) ELIGIBILITY CRITERIA FOR HEALTH BENEFITS

6 COVERAGE.—The State may establish criteria to limit the 

7 child care providers who may receive benefits through the 

8 allotment. 

9 (f) SELECTION OF GRANTEES.—For purposes of se10 lecting eligible child care providers to receive benefits 

11 under this section for a fiscal year, a State shall give— 

12 (1) highest priority to— 

13 (A) providers that meet any applicable cri14 teria established in accordance with subsection 

15 (e) and received such assistance during the pre16 vious fiscal year; and 

17 (B) at the State’s discretion, the spouses, 

18 domestic partners, and dependents of such pro19 viders; and 

20 (2) second highest priority to— 

21 (A) providers that meet any applicable cri22 teria established in accordance with subsection 

23 (e) and are accredited by the National Associa24 tion for the Education of Young Children or the 


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1 National Association for Family Child Care; 

2 and 

3 (B) at the State’s discretion, the spouses, 

4 domestic partners, and dependents of such pro5 viders. 

6 SEC. 219. ANNUAL REPORT. 

7 A State that receives funds appropriated to carry out 

8 this subtitle for a fiscal year shall submit to the Secretary, 

9 not later than 90 days after the end of such fiscal year, 

10 a report— 

11 (1) specifying the uses for which the State ex12 pended such funds, and the aggregate amount of 

13 funds (including State funds) expended for each of 

14 such uses; and 

15 (2) containing available data relating to grants 

16 made and benefits provided with such funds, includ17 ing— 

18 (A) the number of eligible child care pro19 viders who received such grants and benefits; 

20 (B) the amounts of such grants and bene21 fits; 

22 (C) any other information that describes or 

23 evaluates the effectiveness of this subtitle; 


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1 (D) the particular geographical areas se2 lected under section 215 for the purpose of 

3 making such grants; 

4 (E) with respect to grants made under sec5 tion 216— 

6 (i) the number of years grant recipi7 ents have been employed as child care pro8 viders; 

9 (ii) the level of training and education 

10 of grant recipients; 

11 (iii) to the extent practicable and 

12 available to the State, detailed information 

13 regarding the salaries and other compensa14 tion received by grant recipients to provide 

15 child care services before, during, and after 

16 receiving such grants; 

17 (iv) the number of children who re18 ceived child care services provided by grant 

19 recipients; 

20 (v) information on family demo21 graphics of such children; 

22 (vi) the types of settings described in 

23 subparagraphs (A), (B), and (C) of section 

24 212(1) in which grant recipients are em25 ployed; and 


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1 (vii) the ages of the children who re2 ceived child care services provided by grant 

3 recipients; 

4 (F) with respect to grants made under sec5 tion 217— 

6 (i) the number of years grant recipi7 ents have been employed as child care pro8 viders; 

9 (ii) the level of training and education 

10 of grant recipients; 

11 (iii) to the extent practicable and 

12 available to the State, detailed information 

13 regarding the salaries and other compensa14 tion received by grant recipients to provide 

15 child care services before, during, and after 

16 receiving such grants; 

17 (iv) the types of settings described in 

18 subparagraphs (A), (B), and (C) of section 

19 212(1) in which grant recipients are em20 ployed; 

21 (v) the ages of the children who re22 ceived child care services provided by grant 

23 recipients; 


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1 (vi) the number of course credits or 

2 credentials obtained by grant recipients; 

3 and 

4 (vii) the amount of time taken for 

5 completion of the educational and training 

6 programs for which such grants were 

7 made; and 

8 (G) such other information as the Sec9 retary may require by rule. 

10 SEC. 220. EVALUATION OF HEALTH BENEFITS PROGRAMS 

11 BY SECRETARY. 

12 (a) EVALUATION.—The Secretary shall conduct an 

13 evaluation of several State programs carried out with 

14 grants made under section 218, representing various ap15 proaches to raising the rate of child care providers with 

16 health benefits coverage. 

17 (b) ASSESSMENT OF IMPACTS.—In evaluating State 

18 programs under subsection (a), the Secretary may con19 sider any information appropriate to measure the success 

20 of the programs, and shall assess the impact of the pro21 grams on the following: 

22 (1) The rate of child care providers with health 

23 benefits coverage. 

24 (2) The take-up rate by eligible child care pro25 viders. 


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1 (3) The turnover rate in the child care field. 

2 (4) The average wages paid to a child care pro3 vider. 

4 (c) REPORT.—Not later than 3 years after the date 

5 of enactment of this subtitle, the Secretary shall prepare 

6 and submit a report to Congress containing the results 

7 of the evaluation conducted under subsection (a), together 

8 with recommendations for strengthening programs carried 

9 out with grants made under section 218. 

10 SEC. 221. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) CHILD CARE PROVIDER DEVELOPMENT, RETEN12 TION, AND SCHOLARSHIPS.—There are authorized to be 

13 appropriated to carry out the activities described in sec14 tions 216 and 217 $500,000,000 for fiscal year 2012 and 

15 such sums as may be necessary for each of fiscal years 

16 2012 through 2016. 

17 (b) CHILD CARE PROVIDER HEALTH BENEFITS COV18 ERAGE.—There is authorized to be appropriated to carry 

19 out the activities described in section 218 $200,000,000 

20 for fiscal year 2011 and such sums as may be necessary 

21 for each of fiscal years 2012 through 2016. 


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1 Subtitle C—Child Care Facilities 

2 Financing 

3 SEC. 231. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Child Care Facili5 ties Financing Act’’. 

6 SEC. 232. TECHNICAL AND FINANCIAL ASSISTANCE 

7 GRANTS. 

8 (a) GRANT AUTHORITY.—The Secretary may make 

9 grants on a competitive basis to eligible entities in accord10 ance with this section. 

11 (b) APPLICATION.— 

12 (1) IN GENERAL.—To be eligible to receive a 

13 grant under subsection (a), an eligible entity shall 

14 submit to the Secretary an application at such time, 

15 in such form, and containing such information as 

16 the Secretary may require by rule. 

17 (2) REQUIREMENTS.—The Secretary shall issue 

18 rules that take into account the experience and suc19 cess of eligible entities in attracting private financ20 ing and carrying out the types of activities for which 

21 grants under subsection (a) are made. 

22 (c) PRIORITY.—In making grants under subsection 

23 (a), the Secretary shall give priority to an applicant— 

24 (1) that has demonstrated experience— 


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1 (A) providing technical or financial assist2 ance for the acquisition, construction, or ren3 ovation of child care facilities; 

4 (B) providing technical, financial, or mana5 gerial assistance to eligible child care providers; 

6 and 

7 (C) securing private sources of capital fi8 nancing for child care or other low-income com9 munity development; and 

10 (2) whose application proposes to assist eligible 

11 recipients that serve— 

12 (A) low-income areas, including— 

13 (i) a community that— 

14 (I) is in a metropolitan area; and 

15 (II) has a median household in16 come that is not more than 80 percent 

17 of the median household income of the 

18 metropolitan area; or 

19 (ii) a community that— 

20 (I) is not in a metropolitan area; 

21 and 

22 (II) has a median income that is 

23 not more than 80 percent of the me24 dian household income of the State in 

25 which the community is located; or 


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1 (B) low-income individuals, including eligi2 ble children. 

3 (d) USE OF FUNDS.— 

4 (1) CAPITAL FUND.—Each eligible entity that 

5 receives a grant under subsection (a) shall deposit 

6 the grant amount into a child care capital fund es7 tablished by the eligible entity. 

8 (2) PAYMENTS FROM FUNDS.—Each eligible en9 tity shall provide technical or financial assistance (in 

10 the form of loans, grants, investments, guarantees, 

11 interest subsidies, and other appropriate forms of 

12 assistance) to eligible recipients from the child care 

13 capital fund it establishes to pay for— 

14 (A) the acquisition, construction, or im15 provement of child care facilities; 

16 (B) equipment for child care facilities; or 

17 (C) technical assistance to eligible child 

18 care providers to help them undertake facilities 

19 improvement and expansion projects. 

20 (3) LOAN REPAYMENTS AND INVESTMENT PRO21 CEEDS.—An eligible entity that receives a loan re22 payment or investment proceeds from an eligible re23 cipient shall deposit such repayment or proceeds into 

24 the child care capital fund of the eligible entity for 

25 use in accordance with this section. 


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1 (4) APPLICATION.—To obtain assistance from 

2 an eligible entity, an eligible recipient shall prepare 

3 and submit an application to an eligible entity at 

4 such time, in such form, and containing such infor5 mation as the eligible entity may require. 

6 SEC. 233. DEFINITIONS. 

7 As used in this subtitle: 

8 (1) CHILD CARE FACILITY.—The term ‘‘child 

9 care facility’’ means a structure used for the care 

10 and development of eligible children. 

11 (2) CHILD CARE SERVICES.—The term ‘‘child 

12 care services’’ means child care and early childhood 

13 education. 

14 (3) COMMUNITY DEVELOPMENT FINANCIAL IN15 STITUTION.—The term ‘‘community development fi16 nancial institution’’ has the meaning given such 

17 term in section 103(5) of the Community Develop18 ment Banking and Financial Institutions Act of 

19 1994 (12 U.S.C. 4702(5)). 

20 (4) ELIGIBLE CHILD CARE PROVIDER.—The 

21 term ‘‘eligible child care provider’’ has the meaning 

22 given such term in section 658P of the Child Care 

23 and Development Block Grant Act of 1990 (42 

24 U.S.C. 9858n). 


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1 (5) ELIGIBLE CHILD.—The term ‘‘eligible 

2 child’’ has the meaning given such term in section 

3 658P of the Child Care and Development Block 

4 Grant Act of 1990 (42 U.S.C. 9858n). 

5 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a community development financial in8 stitution certified by the Department of Treas9 ury; or 

10 (B) an organization that— 

11 (i) is described in section 501(c)(3) of 

12 the Internal Revenue Code of 1986; 

13 (ii) is exempt from taxation under 

14 section 501(a) of such Code; and 

15 (iii) has demonstrated experience in— 

16 (I) providing technical or finan17 cial assistance for the acquisition, con18 struction, or renovation of child care 

19 facilities; 

20 (II) providing technical, financial, 

21 or managerial assistance to eligible 

22 child care providers; and 

23 (III) securing private sources of 

24 capital financing for child care or 


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1 other low-income community develop2 ment. 

3 (7) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

4 recipient’’ means— 

5 (A) an eligible child care provider that pro6 vides child care services to an eligible child; 

7 (B) an organization seeking to provide 

8 child care services to an eligible child; or 

9 (C) an organization providing or seeking to 

10 provide child care services to low-income chil11 dren as determined by the Secretary. 

12 (8) EQUIPMENT.—The term ‘‘equipment’’ in13 cludes— 

14 (A) machinery, utilities, and built-in equip15 ment, and any necessary structure to house 

16 them; and 

17 (B) any other items necessary for the func18 tioning of a child care facility, including fur19 niture, books, and program materials. 

20 (9) METROPOLITAN AREA.—The term ‘‘metro21 politan area’’ has the meaning given such term in 

22 section 102 of the Housing and Community Devel23 opment Act of 1974 (42 U.S.C. 5302). 

24 (10) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of Health and Human Services. 


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1 SEC. 234. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this subtitle $50,000,000 for each of the fiscal years 2012 

4 through 2016. 

5 Subtitle D—Business Child Care 

6 Incentive Grant Program 

7 SEC. 241. BUSINESS CHILD CARE INCENTIVE GRANT PRO8 GRAM. 

9 (a) ESTABLISHMENT.—The Secretary of Health and 

10 Human Services (referred to in this section as the ‘‘Sec11 retary’’) shall establish a program to award grants to 

12 States, on a competitive basis, to assist States in providing 

13 funds to encourage the establishment and operation of em14 ployer operated child care programs. 

15 (b) APPLICATION.—To be eligible to receive a grant 

16 under this section, a State shall prepare and submit to 

17 the Secretary an application at such time, in such manner, 

18 and containing such information as the Secretary may re19 quire, including an assurance that the funds required 

20 under subsection (e) will be provided. 

21 (c) AMOUNT OF GRANT.—The Secretary shall deter22 mine the amount of a grant to a State under this section 

23 based on the population of children less than 5 years of 

24 age in the State as compared to the population of all 

25 States receiving grants under this section. 

26 (d) USE OF FUNDS.— 


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1 (1) IN GENERAL.—A State shall use amounts 

2 provided under a grant awarded under this section 

3 to provide assistance to businesses located in the 

4 State to enable the businesses to establish and oper5 ate child care programs. Such assistance may in6 clude— 

7 (A) technical assistance in the establish8 ment of a child care program; 

9 (B) assistance for the startup costs related 

10 to a child care program; 

11 (C) assistance for the training of child care 

12 providers; 

13 (D) scholarships for low-income wage earn14 ers; 

15 (E) the provision of services to care for 

16 sick children or to provide care to school aged 

17 children; 

18 (F) the entering into of contracts with 

19 local resource and referral or local health de20 partments; 

21 (G) assistance for care for children with 

22 disabilities; or 

23 (H) assistance for any other activity deter24 mined appropriate by the State. 


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1 (2) APPLICATION.—To be eligible to receive as2 sistance from a State under this section, a business 

3 shall prepare and submit to the State an application 

4 at such time, in such manner, and containing such 

5 information as the State may require. 

6 (3) PREFERENCE.— 

7 (A) IN GENERAL.—In providing assistance 

8 under this section, a State shall give priority to 

9 applicants that desire to form a consortium to 

10 provide child care in a geographic area within 

11 the State where such care is not generally avail12 able or accessible. 

13 (B) CONSORTIUM.—For purposes of sub14 paragraph (A), a consortium shall be made up 

15 of 2 or more entities that may include busi16 nesses, nonprofit agencies or organizations, 

17 local governments, or other appropriate entities. 

18 (4) LIMITATION.—With respect to grant funds 

19 received under this section, a State may not provide 

20 in excess of $100,000 in assistance from such funds 

21 to any single applicant. 

22 (e) MATCHING REQUIREMENT.—To be eligible to re23 ceive a grant under this section a State shall provide as24 surances to the Secretary that, with respect to the costs 

25 to be incurred by an entity receiving assistance in carrying 


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1 out activities under this section, the entity will make avail2 able (directly or through donations from public or private 

3 entities) non-Federal contributions to such costs in an 

4 amount equal to— 

5 (1) for the first fiscal year in which the entity 

6 receives such assistance, not less than 50 percent of 

7 such costs ($1 for each $1 of assistance provided to 

8 the entity under the grant); 

9 (2) for the second fiscal year in which the entity receives such assistance, not less than 662 10 ⁄3 per11 cent of such costs ($2 for each $1 of assistance pro12 vided to the entity under the grant); and 

13 (3) for the third fiscal year in which the entity 

14 receives such assistance, not less than 75 percent of 

15 such costs ($3 for each $1 of assistance provided to 

16 the entity under the grant). 

17 (f) REQUIREMENTS OF PROVIDERS.—To be eligible 

18 to receive assistance under a grant awarded under this 

19 section a child care provider shall comply with all applica20 ble State and local licensing and regulatory requirements 

21 and all applicable health and safety standards in effect 

22 in the State. 

23 (g) ADMINISTRATION.— 

24 (1) STATE RESPONSIBILITY.—A State shall 

25 have responsibility for administering a grant awardVerDate Mar 15 2010 02:35 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 ed for the State under this section and for moni2 toring entities that receive assistance under such 

3 grant. 

4 (2) AUDITS.—A State shall require each entity 

5 receiving assistance under the grant awarded under 

6 this section to conduct an annual audit with respect 

7 to the activities of the entity. Such audits shall be 

8 submitted to the State. 

9 (3) MISUSE OF FUNDS.— 

10 (A) REPAYMENT.—If the State determines, 

11 through an audit or otherwise, that an entity 

12 receiving assistance under a grant awarded 

13 under this section has misused the assistance, 

14 the State shall notify the Secretary of the mis15 use. The Secretary, upon such a notification, 

16 may seek from such an entity the repayment of 

17 an amount equal to the amount of any such 

18 misused assistance plus interest. 

19 (B) APPEALS PROCESS.—The Secretary 

20 shall by regulation provide for an appeals proc21 ess with respect to repayments under this para22 graph. 

23 (h) REPORTING REQUIREMENTS.— 

24 (1) 2-YEAR STUDY.— 


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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date on which the Secretary first 

3 awards grants under this section, the Secretary 

4 shall conduct a study to determine— 

5 (i) the capacity of entities to meet the 

6 child care needs of communities within 

7 States; 

8 (ii) the kinds of partnerships that are 

9 being formed with respect to child care at 

10 the local level to carry out programs fund11 ed under this section; and 

12 (iii) who is using the programs funded 

13 under this section and the income levels of 

14 such individuals. 

15 (B) REPORT.—Not later than 28 months 

16 after the date on which the Secretary first 

17 awards grants under this section, the Secretary 

18 shall prepare and submit to the appropriate 

19 committees of Congress a report on the results 

20 of the study conducted in accordance with sub21 paragraph (A). 

22 (2) 4-YEAR STUDY.— 

23 (A) IN GENERAL.—Not later than 4 years 

24 after the date on which the Secretary first 

25 awards grants under this section, the Secretary 


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1 shall conduct a study to determine the number 

2 of child care facilities funded through entities 

3 that received assistance through a grant award4 ed under this section that remain in operation 

5 and the extent to which such facilities are meet6 ing the child care needs of the individuals 

7 served by such facilities. 

8 (B) REPORT.—Not later than 52 months 

9 after the date on which the Secretary first 

10 awards grants under this section, the Secretary 

11 shall prepare and submit to the appropriate 

12 committees of Congress a report on the results 

13 of the study conducted in accordance with sub14 paragraph (A). 

15 (i) DEFINITION.—In this section, the term ‘‘busi16 ness’’ means an employer who employed an average of at 

17 least 2 employees on business days during the preceding 

18 calendar year. 

19 (j) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There is authorized to be 

21 appropriated to carry out this section, $60,000,000 

22 for the period of fiscal years 2012 through 2016. 

23 (2) EVALUATIONS AND ADMINISTRATION.— 

24 With respect to the total amount appropriated for 

25 such period in accordance with this subsection, not 


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1 more than $5,000,000 of that amount may be used 

2 for expenditures related to conducting evaluations 

3 required under, and the administration of, this sec4 tion. 

5 (k) TERMINATION OF PROGRAM.—The program es6 tablished under subsection (a) shall terminate on Sep7 tember 30, 2017. 

8 TITLE III—PRE-SCHOOL, IN9 SCHOOL, AND AFTER SCHOOL 

10 ASSISTANCE 

11 Subtitle A—Universal 

12 Prekindergarten Act 

13 SEC. 301. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Universal Pre15 kindergarten Act’’. 

16 SEC. 302. PURPOSE. 

17 The purpose of this subtitle is to ensure that all chil18 dren 3, 4, and 5 years old have access to a high-quality 

19 full-day, full-calendar-year prekindergarten program by 

20 providing grants to States to assist in developing a uni21 versal prekindergarten program that is voluntary and free22 of-charge. 


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1 SEC. 303. PREKINDERGARTEN GRANT PROGRAM AUTHOR2 IZATION. 

3 The Secretary of Health and Human Services, in con4 sultation with the Secretary of Education, shall provide 

5 grants to an agency designated by each State (hereafter 

6 in this subtitle referred to as the ‘‘designated State agen7 cy’’) for the development of high-quality full-day, full-cal8 endar-year universal prekindergarten programs for all 

9 children 3, 4, and 5 years old in the State. 

10 SEC. 304. STATE REQUIREMENTS. 

11 (a) STATE MATCHING FUNDS.—Federal funds made 

12 available to a designated State agency under this subtitle 

13 shall be matched at least 20 percent by State funds. 

14 (b) STATE APPLICATION.—To be eligible to receive 

15 funds under this subtitle, a designated State agency shall 

16 submit an application at such time, in such manner, and 

17 containing such information as the Secretary of Health 

18 and Human Services may require. The application shall 

19 include the following: 

20 (1) How the designated State agency, in over21 seeing the State’s universal prekindergarten pro22 gram, will coordinate with other State agencies re23 sponsible for early childhood education and health 

24 programs. 


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1 (2) A State plan to establish and implement a 

2 statewide universal prekindergarten program, in ac3 cordance with subsection (c). 

4 (c) STATE PLAN.—The State plan required under 

5 subsection (b)(2) shall include each of the following: 

6 (1) A description of the universal prekinder7 garten program that will be established and how it 

8 will support children’s cognitive, social, emotional, 

9 and physical development. 

10 (2) A statement of the goals for universal pre11 kindergarten programs and how program outcomes 

12 will be measured. 

13 (3) A description of— 

14 (A) how funding will be distributed to eli15 gible prekindergarten program providers based 

16 on the need for early childhood education in 

17 each geographical area served by such pro18 viders; and 

19 (B) how the designated State agency will 

20 involve representatives of early childhood pro21 gram providers (including child care providers, 

22 Head Start programs, and State and local 

23 agencies) that sponsor programs addressing 

24 children 3, 4, and 5 years old. 


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1 (4) A description of how the designated State 

2 agency will coordinate with existing State-funded 

3 prekindergarten programs, federally funded pro4 grams (such as Head Start programs), public school 

5 programs, and child care providers. 

6 (5) A description of how an eligible prekinder7 garten program provider may apply to the des8 ignated State agency for funding under this Act. 

9 (6) A plan to address the shortages of qualified 

10 early childhood education teachers, including how to 

11 increase such teachers’ compensation to be com12 parable to that of public school teachers. 

13 (7) How the designated State agency will pro14 vide ongoing professional development opportunities 

15 to help increase the number of teachers in early 

16 childhood programs who meet the State’s education 

17 or credential requirements for prekindergarten 

18 teachers. 

19 (8) A plan to address how the universal pre20 kindergarten program will meet the needs of chil21 dren with disabilities, limited English proficiency, 

22 and other special needs. 

23 (9) A plan to provide transportation to children 

24 to and from the universal prekindergarten program. 


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1 (10) A description of how the State will provide 

2 the 20 percent match of Federal funds. 

3 (d) ADMINISTRATION.—A designated State agency 

4 may not use more than 5 percent of a grant under this 

5 subtitle for costs associated with State administration of 

6 the program under this subtitle. 

7 SEC. 305. LOCAL REQUIREMENTS. 

8 (a) IN GENERAL.—An eligible prekindergarten pro9 gram provider receiving funding under this subtitle 

10 shall— 

11 (1) maintain a maximum class size of 20 chil12 dren; 

13 (2) maintain a ratio of not more than 10 chil14 dren for each member of the teaching staff; 

15 (3)(A) ensure that all prekindergarten teachers 

16 meet the requirements for teachers at a State-fund17 ed prekindergarten program under an applicable 

18 State law; and 

19 (B) document that the State is demonstrating 

20 significant progress in assisting prekindergarten 

21 teachers on working toward a bachelor of arts de22 gree with training in early childhood development or 

23 early childhood education; 


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1 (4)(A) be accredited by a national organization 

2 with demonstrated experience in accrediting pre3 kindergarten programs; or 

4 (B) provide assurances that it shall obtain such 

5 accreditation not later than 3 years after first re6 ceiving funding under this subtitle; and 

7 (5) meet applicable State and local child care li8 censing health and safety standards. 

9 (b) LOCAL APPLICATION.—Eligible prekindergarten 

10 program providers desiring to receive funding under this 

11 subtitle shall submit an application to the designated 

12 State agency overseeing funds under this subtitle con13 taining the following: 

14 (1) A description of the prekindergarten pro15 gram. 

16 (2) A statement of the demonstrated need for 

17 a program, or an enhanced or expanded program, in 

18 the area served by the eligible prekindergarten pro19 gram provider. 

20 (3) A description of the age-appropriate and de21 velopmentally appropriate educational curriculum to 

22 be provided that will help children be ready for 

23 school and assist them in the transition to kinder24 garten. 


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1 (4) A description of how the eligible prekinder2 garten program provider will collaborate with exist3 ing community-based child care providers and Head 

4 Start programs. 

5 (5) A description of how students and families 

6 will be assisted in obtaining supportive services 

7 available in their communities. 

8 (6) A plan to promote parental involvement in 

9 the prekindergarten program. 

10 (7) A description of how teachers will receive 

11 ongoing professional development in early childhood 

12 development and education. 

13 (8) An assurance that prekindergarten pro14 grams receiving funds under this subtitle provide the 

15 data required in section 7(c). 

16 SEC. 306. PROFESSIONAL DEVELOPMENT SET-ASIDE. 

17 (a) IN GENERAL.—A designated State agency may 

18 set aside up to 5 percent of a grant under this subtitle 

19 for ongoing professional development activities for teach20 ers and staff at prekindergarten programs that wish to 

21 participate in the universal prekindergarten grant pro22 gram under this subtitle. A designated State agency using 

23 the set-aside for professional development must include in 

24 its application the following: 


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1 (1) A description of how the designated State 

2 agency will ensure that eligible prekindergarten pro3 gram providers in a range of settings (including 

4 child care providers, Head Start programs, and 

5 schools) will participate in the professional develop6 ment programs. 

7 (2) An assurance that, in developing its applica8 tion and in carrying out its program, the profes9 sional development provider has consulted, and will 

10 consult, with relevant agencies, early childhood orga11 nizations, early childhood education experts, and 

12 early childhood program providers. 

13 (3) A description of how the designated State 

14 agency will ensure that the professional development 

15 is ongoing and accessible to educators in all geo16 graphic areas of the State, including by the use of 

17 advanced educational technologies. 

18 (4) A description of how the designated State 

19 agency will ensure that such set-aside funds will be 

20 used to pay the cost of additional education and 

21 training. 

22 (5) A description of how the designated State 

23 agency will work with other agencies and institutions 

24 of higher education to provide scholarships and 

25 other financial assistance to prekindergarten staff. 


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1 (6) A description of how the State educational 

2 agency will provide a financial incentive, such as a 

3 financial stipend or a bonus, to educators who par4 ticipate in and complete such professional develop5 ment. 

6 (7) A description of how the professional devel7 opment activities will be carried out, including the 

8 following: 

9 (A) How programs and educators will be 

10 selected to participate. 

11 (B) How professional development pro12 viders will be selected, based on demonstrated 

13 experience in providing research-based profes14 sional development to early childhood educators. 

15 (C) The types of research-based profes16 sional development activities that will be carried 

17 out in all domains of children’s physical, cog18 nitive, social, and emotional development and 

19 on early childhood pedagogy. 

20 (D) How the program will train early 

21 childhood educators to meet the diverse edu22 cational needs of children in the community, es23 pecially children who have limited English pro24 ficiency, disabilities, and other special needs. 


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1 (E) How the program will coordinate with 

2 and build upon, but not supplant or duplicate, 

3 early childhood education professional develop4 ment activities that exist in the community. 

5 (b) USES OF FUNDS.—Funds set aside under this 

6 section may be used for ongoing professional develop7 ment— 

8 (1) to provide prekindergarten teachers and 

9 staff with the knowledge and skills for the applica10 tion of recent research on child cognitive, social, 

11 emotional, and physical development, including lan12 guage and literacy development, and on early child13 hood pedagogy; 

14 (2) to provide the cost of education needed to 

15 obtain a credential or degree with specific training 

16 in early childhood development or education; 

17 (3) to work with children who have limited 

18 English proficiency, disabilities, and other special 

19 needs; and 

20 (4) to select and use developmentally appro21 priate screening and diagnostic assessments to im22 prove teaching and learning and make appropriate 

23 referrals for services to support prekindergarten 

24 children’s development and learning. 


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1 SEC. 307. REPORTING. 

2 (a) REPORT BY SECRETARY.—For each year in which 

3 funding is provided under this subtitle, the Secretary of 

4 Health and Human Services shall submit an annual report 

5 to the Congress on the implementation and effectiveness 

6 of the universal prekindergarten program under this sub7 title. 

8 (b) REPORT BY DESIGNATED STATE AGENCY.—Each 

9 designated State agency that provides grants to eligible 

10 prekindergarten program providers under this subtitle 

11 shall submit to the Secretary an annual report on the im12 plementation and effectiveness of the programs in the 

13 State supported under this subtitle. Such report shall con14 tain such additional information as the Secretary may rea15 sonably require. 

16 (c) REPORT BY GRANT RECIPIENT.—Each eligible 

17 prekindergarten program provider that receives a grant 

18 under this subtitle shall submit to the designated State 

19 agency an annual report that includes, with respect to the 

20 program supported by such grant, the following: 

21 (1) A description of the type of program and a 

22 statement of the number and ages of children served 

23 by the program, as well as the number and ages of 

24 children with a disability or a native language other 

25 than English. 


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1 (2) A description of the qualifications of the 

2 program staff and the type of ongoing professional 

3 development provided to such staff. 

4 (3) A statement of all sources of Federal, State, 

5 local, and private funds received by the program. 

6 (4) A description of the curricula, materials, 

7 and activities used by the program to support early 

8 childhood development and learning. 

9 (5) Such other information as the designated 

10 State agency may reasonably require. 

11 SEC. 308. FEDERAL FUNDS SUPPLEMENTARY. 

12 Funds made available under this subtitle may not be 

13 used to supplant other Federal, State, local, or private 

14 funds that would, in the absence of such Federal funds, 

15 be made available for the program assisted under this sub16 title. 

17 SEC. 309. DEFINITIONS. 

18 In this subtitle: 

19 (1) The term ‘‘eligible prekindergarten program 

20 provider’’ means a prekindergarten program pro21 vider that is— 

22 (A) a school; 

23 (B) supported, sponsored, supervised, or 

24 carried out by a local educational agency; 

25 (C) a Head Start program; or 


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1 (D) a child care provider. 

2 (2) The term ‘‘prekindergarten program’’ 

3 means a program serving children 3, 4, and 5 years 

4 old that supports children’s cognitive, social, emo5 tional, and physical development and helps prepare 

6 those children for the transition to kindergarten. 

7 (3) The term ‘‘local educational agency’’ has 

8 the meaning given that term in the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 6301 

10 et seq.). 

11 (4) The term ‘‘prekindergarten teacher’’ means 

12 an individual who has received, or is working to13 ward, a bachelor of arts degree in early childhood 

14 education. 

15 SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

17 this subtitle— 

18 (1) $10,000,000,000 for fiscal year 2012; 

19 (2) $20,000,000,000 for fiscal year 2013; 

20 (3) $30,000,000,000 for fiscal year 2014; 

21 (4) $40,000,000,000 for fiscal year 2015; and 

22 (5) $50,000,000,000 for fiscal year 2016. 


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1 Subtitle B—Universal Free School 

2 Breakfast Program 

3 SEC. 311. UNIVERSAL FREE SCHOOL BREAKFAST PRO4 GRAM. 

5 (a) FREE BREAKFAST AND UNIVERSAL ELIGI6 BILITY.—Section 4 of the Child Nutrition Act of 1966 (42 

7 U.S.C. 1773) is amended to read as follows: 

8 ‘‘SEC. 4. SCHOOL BREAKFAST PROGRAM AUTHORIZATION. 

9 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to enable the Secretary to carry out a program to 

12 assist States and the Department of Defense to initiate, 

13 maintain, or expand nonprofit breakfast programs to pro14 vide free breakfasts to school children without regard to 

15 family income in all schools which make application for 

16 participation and agree to carry out a nonprofit free 

17 breakfast program in accordance with this Act. Appropria18 tions and expenditures for this Act shall be considered 

19 Health and Human Services functions for budget purposes 

20 rather than functions of Agriculture. 

21 ‘‘(b) APPORTIONMENT TO STATES.— 

22 ‘‘(1)(A) IN GENERAL.—The Secretary shall 

23 make breakfast payments to each State educational 

24 agency each fiscal year, at such times as the Sec25 retary may determine, from the sums appropriated 


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1 for such purpose, in an amount equal to the product 

2 obtained by multiplying— 

3 ‘‘(i) the number of breakfasts served free 

4 during such fiscal year to children in schools in 

5 such States which participate in the school 

6 breakfast program under agreements with such 

7 State educational agency; by 

8 ‘‘(ii) the national breakfast payment as 

9 prescribed in paragraph (2) of this subsection. 

10 ‘‘(B) AGREEMENTS.—The agreements described 

11 in subparagraph (A)(i) shall be permanent agree12 ments that may be amended as necessary. Nothing 

13 in the preceding sentence shall be construed to limit 

14 the ability of the State educational agency to sus15 pend or terminate any such agreement in accordance 

16 with regulations prescribed by the Secretary. 

17 ‘‘(2) NATIONAL BREAKFAST PAYMENT.—The 

18 national payment for each breakfast shall be $1.40 

19 (as adjusted each July 1 pursuant to section 

20 11(a)(3)(B) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1759a(a)(3)(B))). 

22 ‘‘(3) LIMITATION.—No breakfast payment may 

23 be made under this subsection for any breakfast 

24 served by a school unless such breakfast consists of 

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1 tritional requirements prescribed by the Secretary 

2 under subsection (e) of this section. 

3 ‘‘(4) NUTRITION QUALITY ADJUSTMENT.—The 

4 Secretary shall increase by 6 cents the annually ad5 justed payment for each breakfast served under this 

6 Act and section 17 of the Richard B. Russell Na7 tional School Lunch Act. These funds shall be used 

8 to assist States, to the extent feasible, in improving 

9 the nutritional quality of the breakfasts. 

10 ‘‘(5) AGRICULTURAL COMMODITIES.—Notwith11 standing any other provision of law, whenever stocks 

12 of agricultural commodities are acquired by the Sec13 retary or the Commodity Credit Corporation and are 

14 not likely to be sold by the Secretary or the Com15 modity Credit Corporation or otherwise used in pro16 grams of commodity sale or distribution, the Sec17 retary shall make such commodities available to 

18 school food authorities and eligible institutions serv19 ing breakfasts under this Act in a quantity equal in 

20 value to not less than 3 cents for each breakfast 

21 served under this Act. 

22 ‘‘(6) EFFECT ON EXPENDITURES.—Expendi23 tures of funds from State and local sources for the 

24 maintenance of the breakfast program shall not be 


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1 diminished as a result of funds or commodities re2 ceived under paragraph (4) or (5). 

3 ‘‘(c) STATE DISBURSEMENT TO SCHOOLS.—Funds 

4 paid to any State during any fiscal year for the purpose 

5 of this section shall be disbursed by the State educational 

6 agency, in accordance with such agreements approved by 

7 the Secretary as may be entered into by such State agency 

8 and the schools in the State, to those schools in the State 

9 which the State educational agency, determines are eligi10 ble to participate in the school breakfast program. 

11 ‘‘(d) PARTICIPATION BY SCHOOLS.— 

12 ‘‘(1) REQUIREMENTS FOR PARTICIPATION.—To 

13 be eligible to participate in the school breakfast pro14 gram under this section, a school food authority 

15 shall— 

16 ‘‘(A) agree to serve all breakfasts at no 

17 charge to all students who wish to participate 

18 without regard to family income in all partici19 pating schools; and 

20 ‘‘(B) meet all other requirements that the 

21 Secretary may reasonably establish. 

22 ‘‘(2) START-UP ASSISTANCE.—The Secretary is 

23 authorized to provide additional assistance to schools 

24 not participating in the school breakfast program 

25 prior to the enactment of the Family and Workplace 


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1 Balancing Act of 2011 in order to assist such 

2 schools to begin participation in the school breakfast 

3 program under this section. 

4 ‘‘(3) STATE EDUCATIONAL AGENCY ASSIST5 ANCE.—Each State educational agency shall assist 

6 schools not participating in the school breakfast pro7 gram prior to the enactment of the Family and 

8 Workplace Balancing Act of 2011 to enter into 

9 agreements with such agencies in order to partici10 pate in the school breakfast program under this sec11 tion. 

12 ‘‘(e) NUTRITIONAL AND OTHER PROGRAM REQUIRE13 MENTS.— 

14 ‘‘(1) MINIMUM NUTRITIONAL REQUIRE15 MENTS.—Breakfasts served by schools participating 

16 in the school breakfast program under this section 

17 shall consist of a combination of foods and shall 

18 meet minimum nutritional requirements prescribed 

19 by the Secretary on the basis of tested nutritional 

20 research, except that the minimum nutritional re21 quirements shall be measured by not less than the 

22 weekly average of the nutrient content of school 

23 breakfasts. 

24 ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— 

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1 cational agencies technical assistance and training, 

2 including technical assistance and training in the 

3 preparation of foods high in complex carbohydrates 

4 and lower-fat versions of foods commonly used in the 

5 school breakfast program established under this sec6 tion, to schools participating in the school breakfast 

7 program to assist the schools in complying with the 

8 nutritional requirements prescribed by the Secretary 

9 pursuant to paragraph (1) and in providing appro10 priate meals to children with medically certified spe11 cial dietary needs. 

12 ‘‘(3) OPTION VERSUS SERVE.—At the option of 

13 a local school food authority, a student in a school 

14 under the authority that participates in the school 

15 breakfast program under this Act may be allowed to 

16 refuse not more than one item of a breakfast that 

17 the student does not intend to consume. A refusal of 

18 an offered food item shall not affect the amount of 

19 payments made under this Act to a school for the 

20 breakfast.’’. 

21 (b) TECHNICAL AMENDMENTS.— 

22 (1) CHILD NUTRITION ACT OF 1966.—Section 

23 20 of the Child Nutrition Act of 1966 (42 U.S.C. 

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1 designating subsections (c) through (e) as sub2 sections (b) through (d), respectively. 

3 (2) RICHARD B. RUSSELL NATIONAL SCHOOL

4 LUNCH ACT.—The Richard B. Russell National 

5 School Lunch Act is amended— 

6 (A) in section 11(a)(1)— 

7 (i) in subparagraph (C), by striking 

8 ‘‘or breakfasts’’ each place it appears; 

9 (ii) in subparagraph (C)(i)(I), by 

10 striking ‘‘or in the case of a school’’ and 

11 all that follows through ‘‘4 successive 

12 school years’’; 

13 (iii) in subparagraph (D)(iii), by strik14 ing ‘‘, or for free and reduced price lunches 

15 and breakfasts,’’; 

16 (iv) in subparagraph (D)(iv), by strik17 ing ‘‘or school breakfast’’; 

18 (v) in subparagraph (E)(i)(I), by 

19 striking ‘‘or in the case of a school’’ and 

20 all that follows through ‘‘4 successive 

21 school years’’; and 

22 (vi) in subparagraph (E)(i)(II)— 

23 (I) by striking ‘‘or breakfasts’’ 

24 both places it appears; and 


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1 (II) by striking ‘‘or school break2 fast’’; 

3 (B) in section 11(a)(3)(A)— 

4 (i) by striking clause (iii); and 

5 (ii) by redesignating clause (iv) as 

6 clause (iii); 

7 (C) in section 13(a)(1)(C), by striking ‘‘or 

8 breakfasts’’; and 

9 (D) in section 17— 

10 (i) in subsection (c), by striking para11 graph (2), and redesignating paragraphs 

12 (3) through (6) as paragraphs (2) through 

13 (5), respectively; and 

14 (ii) in subsection (f)(3)(E)(ii)(I), by 

15 striking ‘‘meals’’ and inserting ‘‘lunches’’. 

16 Subtitle C—Afterschool Education 

17 Enhancement Act 

18 SEC. 341. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Afterschool Edu20 cation Enhancement Act’’. 

21 SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COM22 MUNITY LEARNING CENTERS. 

23 Part B of title IV of the Elementary and Secondary 

24 Education Act of 1965 (20 U.S.C. 7171 et seq.) is amend25 ed— 


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1 (1) in subsection (a) of section 4203— 

2 (A) by striking paragraph (3); and 

3 (B) by redesignating paragraphs (4) 

4 through (14) as paragraphs (3) through (13), 

5 respectively; and 

6 (2) in section 4204— 

7 (A) in paragraph (2) of subsection (b)— 

8 (i) by striking subparagraph (F); and 

9 (ii) by redesignating subparagraphs 

10 (G) through (N) as subparagraphs (F) 

11 through (M), respectively; and 

12 (B) by amending paragraph (1) of sub13 section (i) to read as follows: 

14 ‘‘(1) IN GENERAL.—In awarding grants under 

15 this part, a State educational agency shall give pri16 ority to applications submitted jointly by eligible en17 tities consisting of not less than— 

18 ‘‘(A) 1 local educational agency receiving 

19 funds under part A of title I; and 

20 ‘‘(B) 1 community-based organization or 

21 other public or private entity.’’. 


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1 TITLE IV—IMPROVING THE 

2 WORKPLACE FOR FAMILIES 

3 Subtitle A—Part-Time and 

4 Temporary Workers Benefits 

5 SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS 

6 THAN FULL-TIME UNDER PARTICIPATION, 

7 VESTING, AND ACCRUAL RULES GOVERNING 

8 PENSION PLANS. 

9 (a) PARTICIPATION RULES.— 

10 (1) IN GENERAL.—Section 202(a)(3) of the 

11 Employee Retirement Income Security Act of 1974 

12 (29 U.S.C. 1052(a)(3)) is amended by adding at the 

13 end the following new subparagraph: 

14 ‘‘(E)(i) For purposes of this paragraph, in the case 

15 of any employee who, as of the beginning of the 12-month 

16 period referred to in subparagraph (A)— 

17 ‘‘(I) has customarily completed 500 or more 

18 hours of service per year but less than 1,000 hours 

19 of service per year, or 

20 ‘‘(II) is employed in a type of position in which 

21 employment customarily constitutes 500 or more 

22 hours of service per year but less than 1,000 hours 

23 of service per year, 

24 completion of 500 hours of service within such period shall 

25 be treated as completion of 1,000 hours of service. 


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1 ‘‘(ii) For purposes of this subparagraph, the extent 

2 to which employment in any type of position customarily 

3 constitutes less than 1,000 hours of service per year shall 

4 be determined with respect to each pension plan in accord5 ance with such regulations as the Secretary may prescribe 

6 providing for consideration of facts and circumstances pe7 culiar to the work-force constituting the participants in 

8 such plan.’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) 

11 is amended by striking ‘‘section 202(a)(3)(A)’’ and 

12 inserting ‘‘subparagraphs (A) and (E) of section 

13 202(a)(3)’’. 

14 (b) VESTING RULES.— 

15 (1) IN GENERAL.—Section 203(b)(2) of such 

16 Act (29 U.S.C. 1053(b)(2)) is amended by adding at 

17 the end the following new subparagraph: 

18 ‘‘(E)(i) For purposes of this paragraph, in the case 

19 of any employee who, as of the beginning of the period 

20 designated by the plan pursuant to subparagraph (A)— 

21 ‘‘(I) has customarily completed 500 or more 

22 hours of service per year but less than 1,000 hours 

23 of service per year, or 

24 ‘‘(II) is employed in a type of position in which 

25 employment customarily constitutes 500 or more 


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1 hours of service per year but less than 1,000 hours 

2 of service per year, 

3 completion of 500 hours of service within such period shall 

4 be treated as completion of 1,000 hours of service. 

5 ‘‘(ii) For purposes of this subparagraph, the extent 

6 to which employment in any type of position customarily 

7 constitutes less than 1,000 hours of service per year shall 

8 be determined with respect to each pension plan in accord9 ance with such regulations as the Secretary may prescribe 

10 providing for consideration of facts and circumstances pe11 culiar to the work-force constituting the participants in 

12 such plan.’’. 

13 (2) 1-YEAR BREAKS IN SERVICE.—Section 

14 203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is 

15 amended by adding at the end the following new 

16 subparagraph: 

17 ‘‘(F)(i) For purposes of this paragraph, in the case 

18 of any employee who, as of the beginning of the period 

19 designated by the plan pursuant to subparagraph (A)— 

20 ‘‘(I) has customarily completed 500 or more 

21 hours of service per year but less than 1,000 hours 

22 of service per year, or 

23 ‘‘(II) is employed in a type of position in which 

24 employment customarily constitutes 500 or more 


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1 hours of service per year but less than 1,000 hours 

2 of service per year, 

3 completion of 250 hours of service within such period shall 

4 be treated as completion of 500 hours of service. 

5 ‘‘(ii) For purposes of this subparagraph, the extent 

6 to which employment in any type of position customarily 

7 constitutes less than 1,000 hours of service per year shall 

8 be determined with respect to each pension plan in accord9 ance with such regulations as the Secretary may prescribe 

10 providing for consideration of facts and circumstances pe11 culiar to the work-force constituting the participants in 

12 such plan.’’. 

13 (c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 

14 Act (29 U.S.C. 1054(b)(4)(C)) is amended— 

15 (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 

16 (2) by adding at the end the following new 

17 clauses: 

18 ‘‘(ii) For purposes of this subparagraph, in the case 

19 of any employee who, as of the beginning of the period 

20 designated by the plan pursuant to clause (i)— 

21 ‘‘(I) has customarily completed 500 or more 

22 hours of service per year but less than 1,000 hours 

23 of service per year, or 

24 ‘‘(II) is employed in a type of position in which 

25 employment customarily constitutes 500 or more 


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1 hours of service per year but less than 1,000 hours 

2 of service per year, 

3 completion of 500 hours of service within such period shall 

4 be treated as completion of 1,000 hours of service. 

5 ‘‘(iii) For purposes of clause (ii), the extent to which 

6 employment in any type of position customarily constitutes 

7 less than 1,000 hours of service per year shall be deter8 mined with respect to each pension plan in accordance 

9 with such regulations as the Secretary may prescribe pro10 viding for consideration of facts and circumstances pecu11 liar to the work-force constituting the participants in such 

12 plan.’’. 

13 SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS 

14 THAN FULL-TIME UNDER GROUP HEALTH 

15 PLANS. 

16 (a) IN GENERAL.—Part 2 of subtitle B of title I of 

17 the Employee Retirement Income Security Act of 1974 is 

18 amended— 

19 (1) by redesignating section 211 (29 U.S.C. 

20 1061) as section 212; and 

21 (2) by inserting after section 210 (29 U.S.C. 

22 1060) the following new section: 


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1 ‘‘SEC. 211. TREATMENT OF PART-TIME WORKERS UNDER 

2 GROUP HEALTH PLANS. 

3 ‘‘(a) IN GENERAL.—A reduction in the employer-pro4 vided premium under a group health plan with respect to 

5 any employee for any period of coverage solely because the 

6 employee’s customary employment is less than full-time 

7 may be provided under such plan only if the employee is 

8 described in subsection (b) and only to the extent per9 mitted under subsection (c). 

10 ‘‘(b) REDUCTIONS APPLICABLE TO EMPLOYEES

11 WORKING LESS THAN FULL-TIME.— 

12 ‘‘(1) IN GENERAL.—An employee is described in 

13 this subsection if such employee, as of the beginning 

14 of the period of coverage referred to in subsection 

15 (a)— 

16 ‘‘(A) has customarily completed less than 

17 30 hours of service per week, or 

18 ‘‘(B) is employed in a type of position in 

19 which employment customarily constitutes less 

20 than 30 hours of service per week. 

21 ‘‘(2) REGULATIONS.—For purposes of para22 graph (1), whether employment in any type of posi23 tion customarily constitutes less than 30 hours of 

24 service per week shall be determined with respect to 

25 each group health plan in accordance with such reg26 ulations as the Secretary may prescribe providing 


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1 for consideration of facts and circumstances peculiar 

2 to the work-force constituting the participants in 

3 such plan. 

4 ‘‘(c) AMOUNT OF PERMISSIBLE REDUCTION.—The 

5 employer-provided premium under a group health plan 

6 with respect to any employee for any period of coverage, 

7 after the reduction permitted under subsection (a), shall 

8 not be less than a ratable portion of the employer-provided 

9 premium which would be provided under such plan for 

10 such period of coverage with respect to an employee who 

11 completes 30 hours of service per week. 

12 ‘‘(d) DEFINITIONS.—For purposes of this section— 

13 ‘‘(1) GROUP HEALTH PLAN.—The term ‘group 

14 health plan’ has the meaning provided such term in 

15 section 607(1). 

16 ‘‘(2) EMPLOYER-PROVIDED PREMIUM.— 

17 ‘‘(A) IN GENERAL.—The term ‘employer18 provided premium’ under a plan for any period 

19 of coverage means the portion of the applicable 

20 premium under the plan for such period of cov21 erage which is attributable under the plan to 

22 employer contributions. 

23 ‘‘(B) APPLICABLE PREMIUM.—For pur24 poses of subparagraph (A), in determining the 

25 applicable premium of a group health plan, 


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1 principles similar to the principles applicable 

2 under section 604 shall apply.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 201(1) of such Act (29 U.S.C. 

5 1051(1)) is amended by inserting ‘‘, except with re6 spect to section 211’’ before the semicolon. 

7 (2) The table of contents in section 1 of such 

8 Act is amended by striking the item relating to sec9 tion 211 and inserting the following new items: 

‘‘211. Treatment of part-time workers under group health plans. 

‘‘212. Effective date.’’. 

10 SEC. 403. EXPANSION OF DEFINITION OF EMPLOYEE TO IN11 CLUDE CERTAIN INDIVIDUALS WHOSE SERV12 ICES ARE LEASED OR CONTRACTED FOR. 

13 Paragraph (6) of section 3 of the Employee Retire14 ment Income Security Act of 1974 (29 U.S.C. 1002(6)) 

15 is amended— 

16 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

17 (2) by adding at the end the following new sub18 paragraph: 

19 ‘‘(B) Such term includes, with respect to any em20 ployer, any person who is not an employee (within the 

21 meaning of subparagraph (A)) of such employer and who 

22 provides services to such employer, if— 

23 ‘‘(i) such person has (pursuant to an agreement 

24 with such employer or any other person) performed 


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1 such services for such employer (or for such em2 ployer and related persons (within the meaning of 

3 section 144(a)(3) of the Internal Revenue Code of 

4 1986)) for a period of at least 1 year (6 months in 

5 the case of core health benefits) at the rate of at 

6 least 500 hours of service per year, and 

7 ‘‘(ii) such services are of a type historically per8 formed, in the business field of the employer, by em9 ployees (within the meaning of subparagraph (A)).’’. 

10 SEC. 404. EFFECTIVE DATES. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (b), the amendments made by this subtitle shall apply with 

13 respect to plan years beginning on or after January 1, 

14 2012. 

15 (b) SPECIAL RULE FOR COLLECTIVELY BARGAINED

16 PLANS.—In the case of a plan maintained pursuant to 1 

17 or more collective bargaining agreements between em18 ployee representatives and 1 or more employers ratified 

19 on or before the date of the enactment of this Act, sub20 section (a) shall be applied to benefits pursuant to, and 

21 individuals covered by, any such agreement by substituting 

22 for ‘‘January 1, 2012’’ the date of the commencement of 

23 the first plan year beginning on or after the earlier of— 

24 (1) the later of— 

25 (A) January 1, 2012, or 


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1 (B) the date on which the last of such col2 lective bargaining agreements terminates (de3 termined without regard to any extension there4 of after the date of the enactment of this Act), 

5 or 

6 (2) January 1, 2014. 

7 (c) PLAN AMENDMENTS.—If any amendment made 

8 by this subtitle requires an amendment to any plan, such 

9 plan amendment shall not be required to be made before 

10 the first plan year beginning on or after January 1, 2012, 

11 if— 

12 (1) during the period after such amendment 

13 made by this Act takes effect and before such first 

14 plan year, the plan is operated in accordance with 

15 the requirements of such amendment made by this 

16 subtitle, and 

17 (2) such plan amendment applies retroactively 

18 to the period after such amendment made by this 

19 subtitle takes effect and such first plan year. 

20 A plan shall not be treated as failing to provide definitely 

21 determinable benefits or contributions, or to be operated 

22 in accordance with the provisions of the plan, merely be23 cause it operates in accordance with this subsection. 


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1 Subtitle B—United States Business 

2 Telework Act 

3 SEC. 411. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘United States 

5 Business Telework Act’’. 

6 SEC. 412. TELEWORK PILOT PROGRAM. 

7 (a) PROGRAM.—In accordance with this subtitle, the 

8 Secretary of Labor shall conduct, in not more than 5 

9 States, a pilot program to raise awareness about telework 

10 among employers and to encourage such employers to 

11 offer telework options to employees. 

12 (b) PERMISSIBLE ACTIVITIES.—In carrying out the 

13 pilot program, the Secretary is encouraged to— 

14 (1) produce educational materials and conduct 

15 presentations designed to raise awareness of the 

16 benefits and the ease of telework; 

17 (2) conduct outreach to businesses that are con18 sidering offering telework options; 

19 (3) acquire telework technologies and equip20 ment to be used for demonstration purposes; and 

21 (4) ensure that expectant and new mothers who 

22 are employed by businesses that participate in the 

23 pilot program are given the option to telework dur24 ing the 1-year period after the date of birth. 


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1 SEC. 413. REPORT TO CONGRESS. 

2 Not later than 2 years after the first date on which 

3 funds are appropriated to carry out this subtitle, the Sec4 retary shall transmit to the Congress a report containing 

5 the results of an evaluation of the pilot program and any 

6 recommendations as to whether the pilot program, with 

7 or without modification, should be expanded. 

8 SEC. 414. DEFINITION. 

9 In this subtitle, the term ‘‘telework’’ means the per10 formance of any portion of work functions by an employee 

11 outside the normal place of business under circumstances 

12 which reduce or eliminate the need to commute. 

13 SEC. 415. TERMINATION. 

14 The pilot program shall terminate 2 years after the 

15 first date on which funds are appropriated to carry out 

16 this subtitle. 

17 SEC. 416. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated $5,000,000 to 

19 carry out this subtitle. 

Æ 


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