I 

111TH CONGRESS 

1ST SESSION H. R. 3047 

To improve the lives of working families by providing family and medical 

need assistance, child care assistance, in-school and afterschool assistance, family care assistance, and encouraging the establishment of familyfriendly workplaces. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

Ms. WOOLSEY (for herself, Mr. HARE, Ms. DELAURO, Ms. LEE of California, 

Mr. OLVER, Mr. SERRANO, Mr. BISHOP of New York, Mr. ELLISON, Mr. 

STARK, Ms. ZOE LOFGREN of California, Mrs. MALONEY, Ms. JACKSONLEE of Texas, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. 

KUCINICH, Mr. HINCHEY, Mr. KILDEE, Mr. PAYNE, Ms. WATSON, Mr. 

GRIJALVA, Mr. FARR, Ms. SCHAKOWSKY, Ms. WATERS, Mr. 

MCDERMOTT, Ms. HIRONO, and Mr. HONDA) introduced the following 

bill; which was referred to the Committee on Education and Labor, and 

in addition to the Committees on Oversight and Government Reform, 

Armed Services, Ways and Means, and House Administration, 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 afterschool 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 2009’’. 

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 OF 2009 

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 of 2009 

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. 

Subtitle E—Family and Medical Leave Enhancement Act of 2009 

Sec. 191. Short title. 

Sec. 192. Eligible employee. 

Sec. 193. Entitlement to additional leave under the FMLA for parental involvement and family wellness. 

Sec. 194. Entitlement of Federal employees to leave for parental involvement 

and family wellness. 

TITLE II—CHILD CARE EXPANSION AND IMPROVEMENT 

Subtitle A—Education Begins at Home 

Sec. 201. Short title. 

Sec. 202. Purposes. 

Sec. 203. Definitions. 

Sec. 204. Grants for early childhood home visitation. 

Sec. 205. Targeted grants for early childhood home visitation for families with 

English language learners. 

Sec. 206. Targeted grants for early childhood home visitation for military families. 

Sec. 207. Evaluation. 

Sec. 208. Reports to Congress. 

Sec. 209. Supporting new parents through hospital education. 

Subtitle B—Care for Young Children 

Sec. 215. Expanding child care for young children. 


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Subtitle C—Improving Child Care Quality Through Teacher Incentives 

Sec. 221. Purpose. 

Sec. 222. Definitions. 

Sec. 223. Funds for child care provider development and retention grants, 

scholarships, and health benefits coverage. 

Sec. 224. Allotments to States. 

Sec. 225. Application and plan. 

Sec. 226. Child Care Provider Development and Retention Grant Program. 

Sec. 227. Child Care Provider Scholarship Program. 

Sec. 228. Child care provider health benefits coverage. 

Sec. 229. Annual report. 

Sec. 230. Evaluation of health benefits programs by Secretary. 

Sec. 231. Authorization of appropriations. 

Subtitle D—Child Care Facilities Financing 

Sec. 241. Short title. 

Sec. 242. Technical and financial assistance grants. 

Sec. 243. Definitions. 

Sec. 244. Authorization of appropriations. 

Subtitle E—Business Child Care Incentive Grant Program 

Sec. 251. 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—Free Lunch Eligibility 

Sec. 321. Free lunch eligibility. 

Subtitle D—Child and Adult Care Food Program 

Sec. 331. Reimbursements for afterschool dinners. 

Subtitle E—Afterschool Education Enhancement Act 

Sec. 341. Short title. 

Sec. 342. Amendments regarding 21st Century community learning centers. 


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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: 

(1) Currently in 2 3 ⁄3 of married families with 

4 children in the United States, both parents work 

5 full-time. Seventy-one percent of mothers with chil6 dren under age 18 work full-time, and another 29 

7 percent work part-time. 

8 (2) The National Study of the Changing Work9 force found that 70 percent of employed parents in10 dicated that they don’t have enough time with their 

11 children. 

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

13 Girls Clubs of America found that more than half of 

14 the respondents indicated that they had little or no 

15 time to spend in physical activities with their chil16 dren. 


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1 (B) Parents in 3,500,000 households, rep2 resenting 7,000,000 children, spend an hour or less 

3 a week doing physical activities with their children. 

4 (C) The primary obstacle cited by the parents 

5 to engaging in physical activities with their children 

6 was their work schedules. 

(4) Nearly 2 7 ⁄3 of employees who need to take 

8 family or medical leave do not take such leave be9 cause they cannot afford to forgo the pay. 

10 (5) Nearly every industrialized nation other 

11 than the United States, and most developing na12 tions, provides parents with paid leave for infant 

13 care. 

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

15 mothers of children under the age of one now work. 

16 Yet parents of infants and toddlers face acute prob17 lems finding child care, and child care that is avail18 able is often of mediocre quality. 

19 (7) The cost of child care averages $4,000 to 

20 $6,000 per year in the United States, and families 

21 with younger children or with more than one child 

22 face even greater costs. For example, the average 

23 annual cost of child care for a 4-year-old in an 

24 urban area center is more than the average annual 

25 cost of public college tuition in all but one State. 


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1 (8) The average annual child care teacher sal2 ary is $15,430, a wage so low that many programs 

3 find it extremely challenging to recruit fully qualified 

4 teachers and to retain them. High turnover rates 

5 make it more difficult to provide quality and con6 tinuity of care. 

7 (9) Only 12 percent of eligible children receive 

8 child care assistance through the Child Care Devel9 opment Block Grant, and only about 3 out of 5 eligi10 ble preschoolers are able to participate in the Head 

11 Start program. 

12 (10) Among needy students, school nutrition 

13 programs often provide the primary opportunity for 

14 consumption of nutritionally valuable foods. 

15 (11) Breakfast is a critical meal for children 

16 and provides the nutrition necessary to optimize 

17 their learning capacities. 

18 (12) According to the Bureau of the Census, 

19 nearly 7,000,000 children in the United States are 

20 left alone after school each week without adult su21 pervision or structured activities of any kind. 

22 (13) Violent juvenile crime peaks between the 

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

24 more likely to be victims of serious violent crime in 


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1 the hour after school lets out than any other time 

2 of the day. 

3 (14) The Nation’s communities can benefit 

4 from teleworking, which give workers more time to 

5 spend at home with their families. 

6 (15) Companies with telework programs have 

7 found that telework can boost employee productivity 

8 5 percent to 20 percent, thereby saving businesses 

9 valuable resources and time. 

10 (16) More United States families are working 

11 more hours than ever. In 2000, the average Amer12 ican worker worked 36 hours more, almost a full 

13 week, than in 1990. A recent AFL–CIO poll found 

14 that nearly three-quarters of working adults indi15 cated that they have little or no control over their 

16 work schedules. 

17 (17) The AFL–CIO’s ‘‘Ask a Working Woman’’ 

18 survey for 2002 reported that 63 percent of working 

19 women work more than 40 hours a week, 30 percent 

20 of working women work 20 to 39 hours a week, and 

21 7 percent of working women work less than 20 

22 hours a week. 


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1 TITLE I—PAID LEAVE FOR NEW 

2 PARENTS AND FAMILY AND 

3 MEDICAL LEAVE ENHANCE4 MENT ACT OF 2009 

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 of 2009’’. 

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 

24 has agreed to make the premium contributions reVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 

24 part shall be construed to discourage a covered em25 ployer from providing an additional benefit in conVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 

25 damages or equitable relief prescribed in paraVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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, 2011, and 

19 apply to periods of leave that commence on or after Janu20 ary 1, 2012. 

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 2011 

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, 2009, 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 Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 of 2009) electing to participate in the Fam10 ily and Medical Leave Insurance Program (es11 tablished 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 of 2009); 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 of 2009) electing 

2 to participate in the Family and Medical Leave 

3 Insurance Program (established under section 

4 112 of 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 of 2009).’’. 

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 of 2009 

3 SEC. 151. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Family and Med5 ical Leave Enhancement Act of 2009’’. 

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 ‘‘(5) 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 Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 section (a)(5) 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)(5). 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)(5)(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)(5)(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 (5) 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)(5) 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 ‘‘(14) 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 Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 ‘‘(3) 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 (10), by striking ‘‘and’’ at the 

4 end; 

5 (2) in paragraph (11), 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 ‘‘(12) 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) (29 

19 U.S.C. 2612(a)(1)) is amended by adding at the end the 

20 following: 

21 ‘‘(F) In order to care for the family mem22 ber of the employee, if such family member is 

23 addressing domestic violence, sexual assault, or 

24 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 (29 U.S.C. 2611) is 

7 amended by adding at the end the following: 

8 ‘‘(20) DOMESTIC VIOLENCE.—The term ‘domes9 tic violence’ has the meaning given such term in sec10 tion 40002 of the Violence Against Women Act of 

11 1994 (42 U.S.C. 13925), and includes dating vio12 lence, as such term is defined in such section. 

13 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as14 sault’ has the meaning given that term in section 

15 40002 of the Violence Against Women Act of 1994 

16 (42 U.S.C. 13925). 

17 ‘‘(22) STALKING.—The term ‘stalking’ has the 

18 meaning given such term in section 40002 of the Vi19 olence Against Women Act of 1994 (42 U.S.C. 

20 13925). 

21 ‘‘(23) ADDRESSING DOMESTIC VIOLENCE, SEX22 UAL ASSAULT, OR STALKING AND THEIR EFFECTS.— 

23 The term ‘addressing domestic violence, sexual as24 sault, or stalking and their effects’ means— 


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1 ‘‘(A) seeking medical attention for or re2 covering from injuries caused by domestic vio3 lence, sexual assault, or stalking; 

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

5 including communicating with the police or an 

6 attorney, or participating in any legal pro7 ceeding related to domestic violence, sexual as8 sault, or stalking; 

9 ‘‘(C) attending support groups for victims 

10 of domestic violence, sexual assault, or stalking; 

11 ‘‘(D) obtaining psychological counseling re12 lated to experiences of domestic violence, sexual 

13 assault, or stalking; 

14 ‘‘(E) participating in safety planning and 

15 other actions to increase safety from future do16 mestic violence, sexual assault, or stalking, in17 cluding temporary or permanent relocation; and 

18 ‘‘(F) participating in any other activity ne19 cessitated by domestic violence, sexual assault, 

20 or stalking which must be undertaken during 

21 hours of employment. 

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

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

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


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1 son or daughter (including an adult son or daugh2 ter) of that person.’’. 

3 (c) INTERMITTENT OR REDUCED LEAVE.—Section 

4 102(b) (29 U.S.C. 2612(b)) is amended by inserting be5 fore the last sentence: ‘‘Subject to subsection (e)(4) and 

6 103(g), leave under subparagraph (F) or (G) of subsection 

7 (a)(1) may be taken by an employee intermittently or on 

8 a reduced leave schedule.’’ 

9 (d) PAID LEAVE.—Section 102(d)(2)(B) (29 U.S.C. 

10 2612(d)(2)(B)) is amended by inserting at the end the fol11 lowing: ‘‘An eligible employee may elect to substitute any 

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

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

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

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

16 under such subsection, except that nothing in this title 

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

18 medical leave in any situation in which such employer 

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

20 (e) NOTICE.—Section 102(e) (29 U.S.C. 2612(e)), by 

21 adding at the end the following: 

22 ‘‘(4) NOTICE FOR LEAVE DUE TO DOMESTIC VI23 OLENCE, SEXUAL ASSAULT, OR STALKING.—In any 

24 case in which the necessity for leave under subpara25 graph (F) or (G) of subsection (a)(1) is foreseeable 


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1 based on a scheduled appointment or planned activ2 ity to address domestic violence, sexual assault, or 

3 stalking and their effects, the employee shall provide 

4 such notice to the employer as is reasonable and 

5 practicable.’’. 

6 (f) CERTIFICATION AND CONFIDENTIALITY.—Section 

7 103 (29 U.S.C. 2613) is amended— 

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

9 following: ‘‘; confidentiality’’; and 

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

11 ‘‘(g) CERTIFICATION RELATED TO DOMESTIC VIO12 LENCE, SEXUAL ASSAULT, OR STALKING.— 

13 ‘‘(1) IN GENERAL.—In determining if an em14 ployee meets the requirements of subparagraph (F) 

15 or (G) of section 102(a)(1), the employer of an em16 ployee may require the employee to provide written 

17 certification. Certification under this paragraph shall 

18 be sufficient if it includes— 

19 ‘‘(A) documentation of the domestic vio20 lence, sexual assault, or stalking, such as police 

21 or court records, or documentation of the do22 mestic violence, sexual assault, or stalking from 

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

24 other professional from whom the employee or 

25 family member of the employee has sought asVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 sistance in addressing domestic violence, sexual 

2 assault, or stalking and their effects; 

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

4 a statement from any other individual with 

5 knowledge of the circumstances which provide 

6 the basis for the claim, or physical evidence of 

7 domestic violence, sexual assault, or stalking, 

8 such as photographs, or torn or bloody clothes; 

9 or 

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

11 documentation described in subparagraph (A) 

12 and corroborating evidence described in sub13 paragraph (B) is not available, a written state14 ment describing the domestic violence, sexual 

15 assault, or stalking and their effects. 

16 ‘‘(2) CONFIDENTIALITY.—All evidence of do17 mestic violence, sexual assault, or stalking provided 

18 to an employer under this subsection, including an 

19 employee’s statement, any corroborating evidence, 

20 and the fact that an employee has requested leave 

21 for the purpose of addressing domestic violence, sex22 ual assault, or stalking and their effects, shall be re23 tained in the strictest confidence by the employer, 

24 except to the extent consented to by the employee 

25 where disclosure is necessary to— 


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

2 family member of the employee; or 

3 ‘‘(B) assist in documenting domestic vio4 lence, sexual assault, or stalking for a court or 

5 law enforcement agency.’’. 

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

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

8 (29 U.S.C. prec. 2601) is amended by striking the item 

9 relating to section 103 and inserting the following: 

‘‘103. Certification; confidentiality.’’. 

10 SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMES11 TIC PARTNERS. 

12 (a) DEFINITIONS.— 

13 (1) INCLUSION OF SAME-SEX SPOUSES.—Sec14 tion 101(13) of the Family and Medical Leave Act 

15 of 1993 (29 U.S.C. 2611(13)) is amended, by insert16 ing ‘‘, and, notwithstanding section 7 of title I, 

17 United States Code, includes a spouse of the same 

18 sex as the employee as determined under applicable 

19 State law’’ before the period. 

20 (2) INCLUSION CHILDREN OF A DOMESTIC

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

22 2611(12)) is amended by inserting ‘‘a child of an in23 dividual’s domestic partner,’’ after ‘‘a legal ward,’’. 


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1 (3) INCLUSION DOMESTIC PARTNERS.—Section 

2 101 of such Act (as amended by section 162) is fur3 ther amended by adding at the end the following: 

4 ‘‘(25) DOMESTIC PARTNER.—The term ‘domes5 tic partner’ means— 

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

7 partner of the employee under any domestic 

8 partner registry or civil union laws of the State 

9 or political subdivision of a State where the em10 ployee resides; or 

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

12 who resides in a State where a person cannot 

13 marry a person of the same sex under the laws 

14 of the State, a single, unmarried adult person 

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

16 committed, intimate relationship with the em17 ployee, is not a domestic partner to any other 

18 person, and who is designated to the employer 

19 by such employee as that employee’s domestic 

20 partner.’’. 

21 (b) LEAVE REQUIREMENT.—Section 102 of the Fam22 ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 

23 amended— 


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

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

3 ‘‘spouse or domestic partner,’’; 

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

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

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

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

8 (4) in subsection (e)(2)(A), by inserting ‘‘do9 mestic partner,’’ after ‘‘spouse,’’; 

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

11 partner,’’ after ‘‘spouse,’’; 

12 (6) in subsection (f)— 

13 (A) in the subsection heading, by inserting 

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

15 (B) in paragraph (1), by striking ‘‘a hus16 band and wife’’ and inserting ‘‘both spouses or 

17 both domestic partners’’; 

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

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

20 both domestic partners’’; and 

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

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

23 or both domestic partners’’. 


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

2 Medical Leave Act of 1993 (29 U.S.C. 2613) is amend3 ed— 

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

5 partner,’’ after ‘‘spouse,’’; 

6 (2) in subsection (b)(4)(A), by inserting ‘‘do7 mestic partner,’’ after ‘‘spouse,’’ both places it ap8 pears; and 

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

10 partner,’’ after ‘‘spouse,’’. 

11 (d) EMPLOYMENT AND BENEFITS PROTECTION.— 

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

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

14 (1) in subparagraph (A)(i), by inserting ‘‘do15 mestic partner,’’ after ‘‘spouse,’’; and 

16 (2) in subparagraph (C)(ii), by inserting ‘‘do17 mestic partner,’’ after ‘‘spouse,’’. 

18 SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY19 EES FOR DOMESTIC VIOLENCE, SEXUAL AS20 SAULT, OR STALKING. 

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

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

23 end the following: 

24 ‘‘(E) In order to care for the family member of 

25 the employee, if such family member is addressing 


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1 domestic violence, sexual assault, or stalking and 

2 their effects. 

3 ‘‘(F) Because the employee is addressing do4 mestic violence, sexual assault, or stalking and their 

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

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

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

8 States Code is amended— 

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

10 ‘‘and’’; 

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

12 and inserting a semicolon; and 

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

14 ‘‘(12) the terms ‘domestic violence’, ‘sexual as15 sault’, and ‘stalking’ all have the meaning given such 

16 terms in section 40002 of the Violence Against 

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

18 term ‘domestic violence’ includes dating violence, as 

19 such term is defined in such section; 

20 ‘‘(13) the term ‘addressing domestic violence, 

21 sexual assault, or stalking and their effects’ 

22 means— 

23 ‘‘(A) seeking medical attention for or re24 covering from injuries caused by domestic vio25 lence, sexual assault, or stalking; 


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

2 including communicating with the police or an 

3 attorney, or participating in any legal pro4 ceeding related to domestic violence, sexual as5 sault, or stalking; 

6 ‘‘(C) attending support groups for victims 

7 of domestic violence, sexual assault, or stalking; 

8 ‘‘(D) obtaining psychological counseling re9 lated to experiences of domestic violence, sexual 

10 assault, or stalking; 

11 ‘‘(E) participating in safety planning and 

12 other actions to increase safety from future do13 mestic violence, sexual assault, or stalking, in14 cluding temporary or permanent relocation; and 

15 ‘‘(F) participating in any other activity ne16 cessitated by domestic violence, sexual assault, 

17 or stalking which must be undertaken during 

18 hours of employment; 

19 ‘‘(14) the term ‘family member’, used with re20 spect to a person, means an individual who is a 

21 spouse, domestic partner, parent, son or daughter 

22 (including an adult son or daughter) of that per23 son;’’. 


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1 (c) INTERMITTENT OR REDUCED LEAVE.—Section 

2 6382(b) of title 5, United States Code, is amended by add3 ing at the end the following: 

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

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

6 intermittently or on a reduced leave schedule. The 

7 taking of leave intermittently or on a reduced leave 

8 schedule pursuant to this paragraph shall not result 

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

10 the employee is entitled under subsection (a) beyond 

11 the amount of leave actually taken.’’. 

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

13 United States Code, is amended by striking ‘‘(C), or (D)’’ 

14 and inserting ‘‘(C), (D), (E), or (F)’’. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

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

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

20 (a)(1) is foreseeable based on a scheduled appoint21 ment or planned activity to address domestic vio22 lence, sexual assault, or stalking and their effects, 

23 the employee shall provide such notice to the em24 ploying agency as is reasonable and practicable.’’. 


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

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

4 ‘‘(f) In determining if an employee meets the require5 ments of subparagraph (E) or (F) of section 6382(a)(1), 

6 the employing agency of an employee may require the em7 ployee to provide written certification. Certification under 

8 this subsection shall be sufficient if it includes— 

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

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

11 records, or documentation of the domestic violence, 

12 sexual assault, or stalking from a shelter worker, at13 torney, clergy, or medical or other professional from 

14 whom the employee or family member of the em15 ployee has sought assistance in addressing domestic 

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

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

18 statement from any other individual with knowledge 

19 of the circumstances which provide the basis for the 

20 claim, or physical evidence of domestic violence, sex21 ual assault, or stalking, such as photographs or torn 

22 or bloody clothes; or 

23 ‘‘(3) at the election of the employee, where doc24 umentation described in paragraph (1) and corrobo25 rating evidence described in paragraph (2) is not 


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1 available, a written statement describing the domes2 tic violence, sexual assault, or stalking and their ef3 fects.’’. 

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

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

6 amended— 

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

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

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

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

11 or stalking provided to an employing agency under this 

12 subsection, including an employee’s statement, any cor13 roborating evidence, and the fact that an employee has 

14 requested leave for the purpose of addressing domestic vio15 lence, sexual assault, or stalking and their effects, shall 

16 be retained in the strictest confidence by the employing 

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

18 where disclosure is necessary to— 

19 ‘‘(1) protect the safety of the employee or fam20 ily member of the employee; or 

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

22 sexual assault, or stalking for a court or law enforce23 ment agency.’’. 

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

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


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1 striking the item relating to section 6383 and inserting 

2 the following: 

‘‘6383. Certification; confidentiality.’’. 

3 SEC. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMES4 TIC PARTNERS FOR LEAVE FOR FEDERAL EM5 PLOYEES. 

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

7 States Code, as amended by section 164, is further amend8 ed— 

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

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

11 ward,’’; and 

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

13 ‘‘(15) the term ‘spouse’ means a husband or 

14 wife, as the case may be, and, notwithstanding sec15 tion 7 of title I, United States Code, includes a 

16 spouse of the same sex as the employee as deter17 mined under applicable State law; and 

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

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

20 partner of the employee under any domestic 

21 partner registry or civil union laws of the State 

22 or political subdivision of a State where the em23 ployee resides; or 

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

25 who resides in a State where a person cannot 


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1 marry a person of the same sex under the laws 

2 of the State, a single, unmarried adult person 

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

4 committed, intimate relationship with the em5 ployee, is not a domestic partner to any other 

6 person, and who is designated to the employing 

7 agency by such employee as that employee’s do8 mestic partner.’’. 

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

10 United States Code, is further amended— 

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

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

13 ‘‘spouse or domestic partner,’’; 

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

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

16 (3) in subsection (e)(2)(A), by inserting ‘‘do17 mestic partner,’’ after ‘‘spouse,’’. 

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

19 States Code, is amended— 

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

21 partner,’’ after ‘‘spouse,’’; and 

22 (2) in subsection (b)(4)(A), by inserting ‘‘do23 mestic partner,’’ after ‘‘spouse,’’ both places it ap24 pears. 


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1 Subtitle D—Healthy Families Act 

2 SEC. 171. SHORT TITLE. 

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

4 Act’’. 

5 SEC. 172. PURPOSES. 

6 The purposes of this subtitle are— 

7 (1) to ensure that all working Americans can 

8 address their own health needs and the health needs 

9 of their families by requiring employers to permit 

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

11 including paid time for family care; 

12 (2) to diminish public and private health care 

13 costs by enabling workers to seek early and routine 

14 medical care for themselves and their family mem15 bers; 

16 (3) to assist employees who are, or whose fam17 ily members are, victims of domestic violence, sexual 

18 assault, or stalking, by providing the employees with 

19 paid time away from work to allow the victims to re20 ceive treatment and to take the necessary steps to 

21 ensure their protection; 

22 (4) to accomplish the purposes described in 

23 paragraphs (1) through (3) in a manner that is fea24 sible for employers; and 


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

2 amendment to the Constitution relating to equal 

3 protection of the laws, and pursuant to Congress’ 

4 power to enforce that provision under section 5 of 

5 that amendment— 

6 (A) to accomplish the purposes described 

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

8 minimizes the potential for employment dis9 crimination on the basis of sex by ensuring gen10 erally that paid sick time is available for eligible 

11 medical reasons on a gender-neutral basis; and 

12 (B) to promote the goal of equal employ13 ment opportunity for women and men. 

14 SEC. 173. DEFINITIONS. 

15 In this subtitle: 

16 (1) CHILD.—The term ‘‘child’’ means a biologi17 cal, foster, or adopted child, a stepchild, a legal 

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

19 parentis, who is— 

20 (A) under 18 years of age; or 

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

22 of self-care because of a mental or physical dis23 ability. 

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

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


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1 40002(a) of the Violence Against Women Act of 

2 1994 (42 U.S.C. 13925(a)), except that the ref3 erence in such section to the term ‘‘jurisdiction re4 ceiving grant monies’’ shall be deemed to mean the 

5 jurisdiction in which the victim lives or the jurisdic6 tion in which the employer involved is located. 

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

8 an individual who is— 

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

10 3(e) of the Fair Labor Standards Act of 1938 

11 (29 U.S.C. 203(e)), who is not covered under 

12 subparagraph (E), including such an employee 

13 of the Library of Congress, except that a ref14 erence in such section to an employer shall be 

15 considered to be a reference to an employer de16 scribed in clauses (i)(I) and (ii) of paragraph 

17 (4)(A); or 

18 (ii) an employee of the Government Ac19 countability Office; 

20 (B) a State employee described in section 

21 304(a) of the Government Employee Rights Act of 

22 1991 (42 U.S.C. 2000e–16c(a)); 

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

24 101 of the Congressional Accountability Act of 1995 


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1 (2 U.S.C. 1301), other than an applicant for em2 ployment; 

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

4 411(c) of title 3, United States Code; or 

5 (E) a Federal officer or employee covered under 

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

7 Code. 

8 (4) EMPLOYER.— 

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

10 means a person who is— 

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

12 in subparagraph (B), who is not covered 

13 under subclause (V); 

14 (II) an entity employing a State em15 ployee described in section 304(a) of the 

16 Government Employee Rights Act of 1991; 

17 (III) an employing office, as defined 

18 in section 101 of the Congressional Ac19 countability Act of 1995; 

20 (IV) an employing office, as defined in 

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

22 Code; or 

23 (V) an employing agency covered 

24 under subchapter V of chapter 63 of title 

25 5, United States Code; and 


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1 (ii) is engaged in commerce (including 

2 government), or an industry or activity af3 fecting commerce (including government), 

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

5 (B) COVERED EMPLOYER.— 

6 (i) IN GENERAL.—In subparagraph 

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

8 (I) means any person engaged in 

9 commerce or in any industry or activ10 ity affecting commerce who employs 

11 15 or more employees for each work12 ing day during each of 20 or more 

13 calendar workweeks in the current or 

14 preceding calendar year; 

15 (II) includes— 

16 (aa) any person who acts, 

17 directly or indirectly, in the inter18 est of an employer to any of the 

19 employees of such employer; and 

20 (bb) any successor in inter21 est of an employer; 

22 (III) includes any ‘‘public agen23 cy’’, as defined in section 3(x) of the 

24 Fair Labor Standards Act of 1938 

25 (29 U.S.C. 203(x)); and 


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1 (IV) includes the Government 

2 Accountability Office and the Library 

3 of Congress. 

4 (ii) PUBLIC AGENCY.—For purposes 

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

6 considered to be a person engaged in com7 merce or in an industry or activity affect8 ing commerce. 

9 (iii) DEFINITIONS.—For purposes of 

10 this subparagraph: 

11 (I) COMMERCE.—The terms 

12 ‘‘commerce’’ and ‘‘industry or activity 

13 affecting commerce’’ mean any activ14 ity, business, or industry in commerce 

15 or in which a labor dispute would 

16 hinder or obstruct commerce or the 

17 free flow of commerce, and include 

18 ‘‘commerce’’ and any ‘‘industry affect19 ing commerce’’, as defined in para20 graphs (1) and (3) of section 501 of 

21 the Labor Management Relations Act, 

22 1947 (29 U.S.C. 142 (1) and (3)). 

23 (II) EMPLOYEE.—The term ‘‘em24 ployee’’ has the same meaning given 

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


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1 Labor Standards Act of 1938 (29 

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

3 (III) PERSON.—The term ‘‘per4 son’’ has the same meaning given 

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

6 Labor Standards Act of 1938 (29 

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

8 (C) PREDECESSORS.—Any reference in 

9 this paragraph to an employer shall include a 

10 reference to any predecessor of such employer. 

11 (5) EMPLOYMENT BENEFITS.—The term ‘‘em12 ployment benefits’’ means all benefits provided or 

13 made available to employees by an employer, includ14 ing group life insurance, health insurance, disability 

15 insurance, sick leave, annual leave, educational bene16 fits, and pensions, regardless of whether such bene17 fits are provided by a practice or written policy of 

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

19 as defined in section 3(3) of the Employee Retire20 ment Income Security Act of 1974 (29 U.S.C. 

21 1002(3)). 

22 (6) HEALTH CARE PROVIDER.—The term 

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

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

25 who is authorized to practice medicine or surVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 gery (as appropriate) by the State in which the 

2 doctor practices; or 

3 (ii) is any other person determined by the 

4 Secretary to be capable of providing health care 

5 services; and 

6 (B) is not employed by an employer for 

7 whom the provider issues certification under 

8 this subtitle. 

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

10 time’’ means an increment of compensated leave that 

11 can be earned by an employee for use during an ab12 sence from employment for any of the reasons de13 scribed in paragraphs (1) through (4) of section 

14 5(b). 

15 (8) PARENT.—The term ‘‘parent’’ means a bio16 logical, foster, or adoptive parent of an employee, a 

17 stepparent of an employee, or a legal guardian or 

18 other person who stood in loco parentis to an em19 ployee when the employee was a child. 

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

21 the Secretary of Labor. 

22 (10) SEXUAL ASSAULT.—The term ‘‘sexual as23 sault’’ has the meaning given the term in section 

24 40002(a) of the Violence Against Women Act of 

25 1994 (42 U.S.C. 13925(a)). 


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1 (11) SPOUSE.—The term ‘‘spouse’’, with re2 spect to an employee, has the meaning given such 

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

4 employee resides. 

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

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

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

8 13925(a)). 

9 (13) VICTIM SERVICES ORGANIZATION.—The 

10 term ‘‘victim services organization’’ means a non11 profit, nongovernmental organization that provides 

12 assistance to victims of domestic violence, sexual as13 sault, or stalking or advocates for such victims, in14 cluding a rape crisis center, an organization carrying 

15 out a domestic violence, sexual assault, or stalking 

16 prevention or treatment program, an organization 

17 operating a shelter or providing counseling services, 

18 or a legal services organization or other organization 

19 providing assistance through the legal process. 

20 SEC. 174. PROVISION OF PAID SICK TIME. 

21 (a) ACCRUAL OF PAID SICK TIME.— 

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

23 each employee employed by the employer to earn not 

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

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


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1 An employer shall not be required to permit an em2 ployee to earn, under this section, more than 56 

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

4 the employer chooses to set a higher limit. 

5 (2) EXEMPT EMPLOYEES.— 

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

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

8 employee who is exempt from overtime require9 ments under section 13(a)(1) of the Fair Labor 

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

11 shall be assumed to work 40 hours in each 

12 workweek. 

13 (B) SHORTER NORMAL WORKWEEK.—If 

14 the normal workweek of such an employee is 

15 less than 40 hours, the employee shall earn 

16 paid sick time based upon that normal work 

17 week. 

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

19 shall begin to earn paid sick time under this section 

20 at the commencement of their employment. An em21 ployee shall be entitled to use the earned paid sick 

22 time beginning on the 60th calendar day following 

23 commencement of the employee’s employment. After 

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

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


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

2 sick time to an employee in advance of the earning 

3 of such time under this section by such employee. 

4 (4) CARRYOVER.— 

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

6 subparagraph (B), paid sick time earned under 

7 this section shall carry over from 1 calendar 

8 year to the next. 

9 (B) CONSTRUCTION.—This subtitle shall 

10 not be construed to require an employer to per11 mit an employee to accrue more than 56 hours 

12 of earned paid sick time at a given time. 

13 (5) EMPLOYERS WITH EXISTING POLICIES.— 

14 Any employer with a paid leave policy who makes 

15 available an amount of paid leave that is sufficient 

16 to meet the requirements of this section and that 

17 may be used for the same purposes and under the 

18 same conditions as the purposes and conditions out19 lined in subsection (b) shall not be required to per20 mit an employee to earn additional paid sick time 

21 under this section. 

22 (6) CONSTRUCTION.—Nothing in this section 

23 shall be construed as requiring financial or other re24 imbursement to an employee from an employer upon 

25 the employee’s termination, resignation, retirement, 


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1 or other separation from employment for earned 

2 paid sick time that has not been used. 

3 (7) REINSTATEMENT.—If an employee is sepa4 rated from employment with an employer and is re5 hired, within 12 months after that separation, by the 

6 same employer, the employer shall reinstate the em7 ployee’s previously earned paid sick time. The em8 ployee shall be entitled to use the earned paid sick 

9 time and earn additional paid sick time at the re10 commencement of employment with the employer. 

11 (8) PROHIBITION.—An employer may not re12 quire, as a condition of providing paid sick time 

13 under this subtitle, that the employee involved 

14 search for or find a replacement worker to cover the 

15 hours during which the employee is using paid sick 

16 time. 

17 (b) USES.—Paid sick time earned under this section 

18 may be used by an employee for any of the following: 

19 (1) An absence resulting from a physical or 

20 mental illness, injury, or medical condition of the 

21 employee. 

22 (2) An absence resulting from obtaining profes23 sional medical diagnosis or care, or preventive med24 ical care, for the employee. 


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1 (3) An absence for the purpose of caring for a 

2 child, a parent, a spouse, or any other individual re3 lated by blood or affinity whose close association 

4 with the employee is the equivalent of a family rela5 tionship, who— 

6 (A) has any of the conditions or needs for 

7 diagnosis or care described in paragraph (1) or 

8 (2); and 

9 (B) in the case of someone who is not a 

10 child, is otherwise in need of care. 

11 (4) An absence resulting from domestic vio12 lence, sexual assault, or stalking, if the time is to— 

13 (A) seek medical attention for the em14 ployee or the employee’s child, parent, or 

15 spouse, or an individual related to the employee 

16 as described in paragraph (3), to recover from 

17 physical or psychological injury or disability 

18 caused by domestic violence, sexual assault, or 

19 stalking; 

20 (B) obtain or assist a related person de21 scribed in paragraph (3) in obtaining services 

22 from a victim services organization; 

23 (C) obtain or assist a related person de24 scribed in paragraph (3) in obtaining psycho25 logical or other counseling; 


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1 (D) seek relocation; or 

2 (E) take legal action, including preparing 

3 for or participating in any civil or criminal legal 

4 proceeding related to or resulting from domestic 

5 violence, sexual assault, or stalking. 

6 (c) SCHEDULING.—An employee shall make a reason7 able effort to schedule a period of paid sick time under 

8 this subtitle in a manner that does not unduly disrupt the 

9 operations of the employer. 

10 (d) PROCEDURES.— 

11 (1) IN GENERAL.—Paid sick time shall be pro12 vided upon the oral or written request of an em13 ployee. Such request shall— 

14 (A) include the expected duration of the 

15 period of such time; 

16 (B) in a case in which the need for such 

17 period of time is foreseeable at least 7 days in 

18 advance of such period, be provided at least 7 

19 days in advance of such period; and 

20 (C) otherwise, be provided as soon as prac21 ticable after the employee is aware of the need 

22 for such period. 

23 (2) CERTIFICATION IN GENERAL.— 

24 (A) PROVISION.— 


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1 (i) IN GENERAL.—Subject to subpara2 graph (C), an employer may require that a 

3 request for paid sick time under this sec4 tion for a purpose described in paragraph 

5 (1), (2), or (3) of subsection (b) be sup6 ported by a certification issued by the 

7 health care provider of the eligible em8 ployee or of an individual described in sub9 section (b)(3), as appropriate, if the period 

10 of such time covers more than 3 consecu11 tive workdays. 

12 (ii) TIMELINESS.—The employee shall 

13 provide a copy of such certification to the 

14 employer in a timely manner, not later 

15 than 30 days after the first day of the pe16 riod of time. The employer shall not delay 

17 the commencement of the period of time on 

18 the basis that the employer has not yet re19 ceived the certification. 

20 (B) SUFFICIENT CERTIFICATION.— 

21 (i) IN GENERAL.—A certification pro22 vided under subparagraph (A) shall be suf23 ficient if it states— 

24 (I) the date on which the period 

25 of time will be needed; 


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1 (II) the probable duration of the 

2 period of time; 

3 (III) the appropriate medical 

4 facts within the knowledge of the 

5 health care provider regarding the 

6 condition involved, subject to clause 

7 (ii); and 

8 (IV)(aa) for purposes of paid sick 

9 time under subsection (b)(1), a state10 ment that absence from work is medi11 cally necessary; 

12 (bb) for purposes of such time 

13 under subsection (b)(2), the dates on 

14 which testing for a medical diagnosis 

15 or care is expected to be given and the 

16 duration of such testing or care; and 

17 (cc) for purposes of such time 

18 under subsection (b)(3), in the case of 

19 time to care for someone who is not a 

20 child, a statement that care is needed 

21 for an individual described in such 

22 subsection, and an estimate of the 

23 amount of time that such care is 

24 needed for such individual. 


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1 (ii) LIMITATION.—In issuing a certifi2 cation under subparagraph (A), a health 

3 care provider shall make reasonable efforts 

4 to limit the medical facts described in 

5 clause (i)(III) that are disclosed in the cer6 tification to the minimum necessary to es7 tablish a need for the employee to utilize 

8 paid sick time. 

9 (C) REGULATIONS.—Regulations pre10 scribed under section 182 shall specify the man11 ner in which an employee who does not have 

12 health insurance shall provide a certification for 

13 purposes of this paragraph. 

14 (D) CONFIDENTIALITY AND NONDISCLO15 SURE.— 

16 (i) PROTECTED HEALTH INFORMA17 TION.—Nothing in this subtitle shall be 

18 construed to require a health care provider 

19 to disclose information in violation of sec20 tion 1177 of the Social Security Act (42 

21 U.S.C. 1320d–6) or the regulations pro22 mulgated pursuant to section 264(c) of the 

23 Health Insurance Portability and Account24 ability Act of 1996 (42 U.S.C. 1320d–2 

25 note). 


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1 (ii) HEALTH INFORMATION

2 RECORDS.—If an employer possesses 

3 health information about an employee or 

4 an employee’s child, parent, spouse or 

5 other individual described in subsection 

6 (b)(3), such information shall— 

7 (I) be maintained on a separate 

8 form and in a separate file from other 

9 personnel information; 

10 (II) be treated as a confidential 

11 medical record; and 

12 (III) not be disclosed except to 

13 the affected employee or with the per14 mission of the affected employee. 

15 (3) CERTIFICATION IN THE CASE OF DOMESTIC

16 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

17 (A) IN GENERAL.—An employer may re18 quire that a request for paid sick time under 

19 this section for a purpose described in sub20 section (b)(4) be supported by 1 of the fol21 lowing forms of documentation: 

22 (i) A police report indicating that the 

23 employee, or a member of the employee’s 

24 family described in subsection (b)(4), was 


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1 a victim of domestic violence, sexual as2 sault, or stalking. 

3 (ii) A court order protecting or sepa4 rating the employee or a member of the 

5 employee’s family described in subsection 

6 (b)(4) from the perpetrator of an act of 

7 domestic violence, sexual assault, or stalk8 ing, or other evidence from the court or 

9 prosecuting attorney that the employee or 

10 a member of the employee’s family de11 scribed in subsection (b)(4) has appeared 

12 in court or is scheduled to appear in court 

13 in a proceeding related to domestic vio14 lence, sexual assault, or stalking. 

15 (iii) Other documentation signed by 

16 an employee or volunteer working for a vic17 tim services organization, an attorney, a 

18 police officer, a medical professional, a so19 cial worker, an antiviolence counselor, or a 

20 member of the clergy, affirming that the 

21 employee or a member of the employee’s 

22 family described in subsection (b)(4) is a 

23 victim of domestic violence, sexual assault, 

24 or stalking. 


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1 (B) REQUIREMENTS.—The requirements 

2 of paragraph (2) shall apply to certifications 

3 under this paragraph, except that— 

4 (i) subclauses (III) and (IV) of sub5 paragraph (B)(i) and subparagraph (B)(ii) 

6 of such paragraph shall not apply; 

7 (ii) the certification shall state the 

8 reason that the leave is required with the 

9 facts to be disclosed limited to the min10 imum necessary to establish a need for the 

11 employee to be absent from work, and the 

12 employee shall not be required to explain 

13 the details of the domestic violence, sexual 

14 assault, or stalking involved; and 

15 (iii) with respect to confidentiality 

16 under subparagraph (D) of such para17 graph, any information provided to the em18 ployer under this paragraph shall be con19 fidential, except to the extent that any dis20 closure of such information is— 

21 (I) requested or consented to in 

22 writing by the employee; or 

23 (II) otherwise required by appli24 cable Federal or State law. 


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1 SEC. 175. POSTING REQUIREMENT. 

2 (a) IN GENERAL.—Each employer shall post and 

3 keep posted a notice, to be prepared or approved in ac4 cordance with procedures specified in regulations pre5 scribed under section 182, setting forth excerpts from, or 

6 summaries of, the pertinent provisions of this subtitle in7 cluding— 

8 (1) information describing paid sick time avail9 able to employees under this subtitle; 

10 (2) information pertaining to the filing of an 

11 action under this subtitle; 

12 (3) the details of the notice requirement for a 

13 foreseeable period of time under section 

14 174(d)(1)(B); and 

15 (4) information that describes— 

16 (A) the protections that an employee has 

17 in exercising rights under this subtitle; and 

18 (B) how the employee can contact the Sec19 retary (or other appropriate authority as de20 scribed in section 177) if any of the rights are 

21 violated. 

22 (b) LOCATION.—The notice described under sub23 section (a) shall be posted— 

24 (1) in conspicuous places on the premises of the 

25 employer, where notices to employees (including ap26 plicants) are customarily posted; or 


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1 (2) in employee handbooks. 

2 (c) VIOLATION; PENALTY.—Any employer who will3 fully violates the posting requirements of this section shall 

4 be subject to a civil fine in an amount not to exceed $100 

5 for each separate offense. 

6 SEC. 176. PROHIBITED ACTS. 

7 (a) INTERFERENCE WITH RIGHTS.— 

8 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

9 for any employer to interfere with, restrain, or deny 

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

11 provided under this subtitle, including— 

12 (A) discharging or discriminating against 

13 (including retaliating against) any individual, 

14 including a job applicant, for exercising, or at15 tempting to exercise, any right provided under 

16 this subtitle; 

17 (B) using the taking of paid sick time 

18 under this subtitle as a negative factor in an 

19 employment action, such as hiring, promotion, 

20 or a disciplinary action; or 

21 (C) counting the paid sick time under a 

22 no-fault attendance policy or any other absence 

23 control policy. 

24 (2) DISCRIMINATION.—It shall be unlawful for 

25 any employer to discharge or in any other manner 


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1 discriminate against (including retaliating against) 

2 any individual, including a job applicant, for oppos3 ing any practice made unlawful by this subtitle. 

4 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR5 IES.—It shall be unlawful for any person to discharge or 

6 in any other manner discriminate against (including retali7 ating against) any individual, including a job applicant, 

8 because such individual— 

9 (1) has filed an action, or has instituted or 

10 caused to be instituted any proceeding, under or re11 lated to this subtitle; 

12 (2) has given, or is about to give, any informa13 tion in connection with any inquiry or proceeding re14 lating to any right provided under this subtitle; or 

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

16 inquiry or proceeding relating to any right provided 

17 under this subtitle. 

18 (c) CONSTRUCTION.—Nothing in this section shall be 

19 construed to state or imply that the scope of the activities 

20 prohibited by section 105 of the Family and Medical Leave 

21 Act of 1993 (29 U.S.C. 2615) is less than the scope of 

22 the activities prohibited by this section. 

23 SEC. 177. ENFORCEMENT AUTHORITY. 

24 (a) IN GENERAL.— 

25 (1) DEFINITIONS.—In this subsection: 


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1 (A) the term ‘‘employee’’ means an em2 ployee described in subparagraph (A) or (B) of 

3 section 173(3); and 

4 (B) the term ‘‘employer’’ means an em5 ployer described in subclause (I) or (II) of sec6 tion 173(4)(A)(i). 

7 (2) INVESTIGATIVE AUTHORITY.— 

8 (A) IN GENERAL.—To ensure compliance 

9 with the provisions of this subtitle, or any regu10 lation or order issued under this subtitle, the 

11 Secretary shall have, subject to subparagraph 

12 (C), the investigative authority provided under 

13 section 11(a) of the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 211(a)), with respect to em15 ployers, employees, and other individuals af16 fected. 

17 (B) OBLIGATION TO KEEP AND PRESERVE

18 RECORDS.—An employer shall make, keep, and 

19 preserve records pertaining to compliance with 

20 this subtitle in accordance with section 11(c) of 

21 the Fair Labor Standards Act of 1938 (29 

22 U.S.C. 211(c)) and in accordance with regula23 tions prescribed by the Secretary. 

24 (C) REQUIRED SUBMISSIONS GENERALLY

25 LIMITED TO AN ANNUAL BASIS.—The Secretary 


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1 shall not require, under the authority of this 

2 paragraph, an employer to submit to the Sec3 retary any books or records more than once 

4 during any 12-month period, unless the Sec5 retary has reasonable cause to believe there 

6 may exist a violation of this subtitle or any reg7 ulation or order issued pursuant to this subtitle, 

8 or is investigating a charge pursuant to para9 graph (4). 

10 (D) SUBPOENA AUTHORITY.—For the pur11 poses of any investigation provided for in this 

12 paragraph, the Secretary shall have the sub13 poena authority provided for under section 9 of 

14 the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 209). 

16 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID17 UALS.— 

18 (A) RIGHT OF ACTION.—An action to re19 cover the damages or equitable relief prescribed 

20 in subparagraph (B) may be maintained 

21 against any employer in any Federal or State 

22 court of competent jurisdiction by one or more 

23 employees or individuals or their representative 

24 for and on behalf of— 

25 (i) the employees or individuals; or 


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1 (ii) the employees or individuals and 

2 others similarly situated. 

3 (B) LIABILITY.—Any employer who vio4 lates section 176 (including a violation relating 

5 to rights provided under section 174) shall be 

6 liable to any employee or individual affected— 

7 (i) for damages equal to— 

8 (I) the amount of— 

9 (aa) any wages, salary, em10 ployment benefits, or other com11 pensation denied or lost by rea12 son of the violation; or 

13 (bb) in a case in which 

14 wages, salary, employment bene15 fits, or other compensation have 

16 not been denied or lost, any ac17 tual monetary losses sustained as 

18 a direct result of the violation up 

19 to a sum equal to 56 hours of 

20 wages or salary for the employee 

21 or individual; 

22 (II) the interest on the amount 

23 described in subclause (I) calculated 

24 at the prevailing rate; and 


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1 (III) an additional amount as liq2 uidated damages; and 

3 (ii) for such equitable relief as may be 

4 appropriate, including employment, rein5 statement, and promotion. 

6 (C) FEES AND COSTS.—The court in an 

7 action under this paragraph shall, in addition to 

8 any judgment awarded to the plaintiff, allow a 

9 reasonable attorney’s fee, reasonable expert wit10 ness fees, and other costs of the action to be 

11 paid by the defendant. 

12 (4) ACTION BY THE SECRETARY.— 

13 (A) ADMINISTRATIVE ACTION.—The Sec14 retary shall receive, investigate, and attempt to 

15 resolve complaints of violations of section 176 

16 (including a violation relating to rights provided 

17 under section 174) in the same manner that the 

18 Secretary receives, investigates, and attempts to 

19 resolve complaints of violations of sections 6 

20 and 7 of the Fair Labor Standards Act of 1938 

21 (29 U.S.C. 206 and 207). 

22 (B) CIVIL ACTION.—The Secretary may 

23 bring an action in any court of competent juris24 diction to recover the damages described in 

25 paragraph (3)(B)(i). 


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1 (C) SUMS RECOVERED.—Any sums recov2 ered by the Secretary pursuant to subparagraph 

3 (B) shall be held in a special deposit account 

4 and shall be paid, on order of the Secretary, di5 rectly to each employee or individual affected. 

6 Any such sums not paid to an employee or indi7 vidual affected because of inability to do so 

8 within a period of 3 years shall be deposited 

9 into the Treasury of the United States as mis10 cellaneous receipts. 

11 (5) LIMITATION.— 

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

13 subparagraph (B), an action may be brought 

14 under paragraph (3), (4), or (6) not later than 

15 2 years after the date of the last event consti16 tuting the alleged violation for which the action 

17 is brought. 

18 (B) WILLFUL VIOLATION.—In the case of 

19 an action brought for a willful violation of sec20 tion 176 (including a willful violation relating to 

21 rights provided under section 174), such action 

22 may be brought within 3 years of the date of 

23 the last event constituting the alleged violation 

24 for which such action is brought. 


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1 (C) COMMENCEMENT.—In determining 

2 when an action is commenced under paragraph 

3 (3), (4), or (6) for the purposes of this para4 graph, it shall be considered to be commenced 

5 on the date when the complaint is filed. 

6 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

7 The district courts of the United States shall have 

8 jurisdiction, for cause shown, in an action brought 

9 by the Secretary— 

10 (A) to restrain violations of section 176 

11 (including a violation relating to rights provided 

12 under section 174), including the restraint of 

13 any withholding of payment of wages, salary, 

14 employment benefits, or other compensation, 

15 plus interest, found by the court to be due to 

16 employees or individuals eligible under this sub17 title; or 

18 (B) to award such other equitable relief as 

19 may be appropriate, including employment, re20 instatement, and promotion. 

21 (7) SOLICITOR OF LABOR.—The Solicitor of 

22 Labor may appear for and represent the Secretary 

23 on any litigation brought under paragraph (4) or 

24 (6). 


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1 (8) GOVERNMENT ACCOUNTABILITY OFFICE

2 AND LIBRARY OF CONGRESS.—Notwithstanding any 

3 other provision of this subsection, in the case of the 

4 Government Accountability Office and the Library of 

5 Congress, the authority of the Secretary of Labor 

6 under this subsection shall be exercised respectively 

7 by the Comptroller General of the United States and 

8 the Librarian of Congress. 

9 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC10 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

11 procedures provided in the Congressional Accountability 

12 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de13 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

14 person, alleging a violation of section 202(a)(1) of that 

15 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

16 and procedures this subtitle provides to that Board, or any 

17 person, alleging an unlawful employment practice in viola18 tion of this subtitle against an employee described in sec19 tion 173(3)(C). 

20 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

21 3, UNITED STATES CODE.—The powers, remedies, and 

22 procedures provided in chapter 5 of title 3, United States 

23 Code, to the President, the Merit Systems Protection 

24 Board, or any person, alleging a violation of section 

25 412(a)(1) of that title, shall be the powers, remedies, and 


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1 procedures this subtitle provides to the President, that 

2 Board, or any person, respectively, alleging an unlawful 

3 employment practice in violation of this subtitle against 

4 an employee described in section 173(3)(D). 

5 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

6 5, UNITED STATES CODE.—The powers, remedies, and 

7 procedures provided in title 5, United States Code, to an 

8 employing agency, provided in chapter 12 of that title to 

9 the Merit Systems Protection Board, or provided in that 

10 title to any person, alleging a violation of chapter 63 of 

11 that title, shall be the powers, remedies, and procedures 

12 this subtitle provides to that agency, that Board, or any 

13 person, respectively, alleging an unlawful employment 

14 practice in violation of this subtitle against an employee 

15 described in section 173(3)(E). 

16 (e) REMEDIES FOR STATE EMPLOYEES.— 

17 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

18 State’s receipt or use of Federal financial assistance 

19 for any program or activity of a State shall con20 stitute a waiver of sovereign immunity, under the 

21 11th amendment to the Constitution or otherwise, to 

22 a suit brought by an employee of that program or 

23 activity under this subtitle for equitable, legal, or 

24 other relief authorized under this subtitle. 


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1 (2) OFFICIAL CAPACITY.—An official of a State 

2 may be sued in the official capacity of the official by 

3 any employee who has complied with the procedures 

4 under subsection (a)(3), for injunctive relief that is 

5 authorized under this subtitle. In such a suit the 

6 court may award to the prevailing party those costs 

7 authorized by section 722 of the Revised Statutes 

8 (42 U.S.C. 1988). 

9 (3) APPLICABILITY.—With respect to a par10 ticular program or activity, paragraph (1) applies to 

11 conduct occurring on or after the day, after the date 

12 of enactment of this subtitle, on which a State first 

13 receives or uses Federal financial assistance for that 

14 program or activity. 

15 (4) DEFINITION OF PROGRAM OR ACTIVITY.—In 

16 this subsection, the term ‘‘program or activity’’ has 

17 the meaning given the term in section 606 of the 

18 Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 

19 SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND 

20 FURTHER STUDY. 

21 (a) COMPILATION OF INFORMATION.—Effective 90 

22 days after the date of enactment of this Act, the Commis23 sioner of Labor Statistics shall annually compile informa24 tion on the following: 


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1 (1) The number of employees who used paid 

2 sick time. 

3 (2) The number of hours of paid sick time 

4 used. 

5 (3) The number of employees who used paid 

6 sick time for absences necessary due to domestic vio7 lence, sexual assault, or stalking. 

8 (4) The demographic characteristics of employ9 ees who were eligible for and who used paid sick 

10 time. 

11 (b) GAO STUDY.— 

12 (1) IN GENERAL.—The Comptroller General of 

13 the United States shall annually conduct a study to 

14 determine the following: 

15 (A)(i) The number of days employees used 

16 paid sick time and the reasons for the use. 

17 (ii) The number of employees who used the 

18 paid sick time for periods of time covering more 

19 than 3 consecutive workdays. 

20 (B) The cost and benefits to employers of 

21 implementing the paid sick time policies. 

22 (C) The cost to employees of providing cer23 tification to obtain the paid sick time. 

24 (D) The benefits of the paid sick time to 

25 employees and their family members, including 


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1 effects on employees’ ability to care for their 

2 family members or to provide for their own 

3 health needs. 

4 (E) Whether the paid sick time affected 

5 employees’ ability to sustain an adequate in6 come while meeting needs of the employees and 

7 their family members. 

8 (F) Whether employers who administered 

9 paid sick time policies prior to the date of en10 actment of this Act were affected by the provi11 sions of this subtitle. 

12 (G) Whether other types of leave were af13 fected by this subtitle. 

14 (H) Whether paid sick time affected reten15 tion and turnover and costs of presenteeism. 

16 (I) Whether the paid sick time increased 

17 the use of less costly preventive medical care 

18 and lowered the use of emergency room care. 

19 (J) Whether the paid sick time reduced the 

20 number of children sent to school when the chil21 dren were sick. 

22 (2) AGGREGATING DATA.—The data collected 

23 under subparagraphs (A) and (D) of paragraph (1) 

24 shall be aggregated by gender, race, disability, earnVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 ings level, age, marital status, family type, including 

2 parental status, and industry. 

3 (3) REPORTS.— 

4 (A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this Act, 

6 the Comptroller General of the United States 

7 shall prepare and submit a report to the appro8 priate committees of Congress concerning the 

9 results of the study conducted pursuant to 

10 paragraph (1) and the data aggregated under 

11 paragraph (2). 

12 (B) FOLLOWUP REPORT.—Not later than 

13 5 years after the date of enactment of this Act, 

14 the Comptroller General of the United States 

15 shall prepare and submit a followup report to 

16 the appropriate committees of Congress con17 cerning the results of the study conducted pur18 suant to paragraph (1) and the data aggregated 

19 under paragraph (2). 

20 SEC. 179. EFFECT ON OTHER LAWS. 

21 (a) FEDERAL AND STATE ANTIDISCRIMINATION

22 LAWS.—Nothing in this subtitle shall be construed to 

23 modify or affect any Federal or State law prohibiting dis24 crimination on the basis of race, religion, color, national 

25 origin, sex, age, or disability. 


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1 (b) STATE AND LOCAL LAWS.—Nothing in this sub2 title shall be construed to supersede (including pre3 empting) any provision of any State or local law that pro4 vides greater paid sick time or leave rights (including 

5 greater paid sick time or leave, or greater coverage of 

6 those eligible for paid sick time or leave) than the rights 

7 established under this subtitle. 

8 SEC. 180. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

9 (a) MORE PROTECTIVE.—Nothing in this subtitle 

10 shall be construed to diminish the obligation of an em11 ployer to comply with any contract, collective bargaining 

12 agreement, or any employment benefit program or plan 

13 that provides greater paid sick leave or other leave rights 

14 to employees or individuals than the rights established 

15 under this subtitle. 

16 (b) LESS PROTECTIVE.—The rights established for 

17 employees under this subtitle shall not be diminished by 

18 any contract, collective bargaining agreement, or any em19 ployment benefit program or plan. 

20 SEC. 181. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

21 POLICIES. 

22 Nothing in this subtitle shall be construed to discour23 age employers from adopting or retaining leave policies 

24 more generous than policies that comply with the require25 ments of this subtitle. 


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1 SEC. 182. REGULATIONS. 

2 (a) IN GENERAL.— 

3 (1) AUTHORITY.—Except as provided in para4 graph (2), not later than 180 days after the date of 

5 enactment of this Act, the Secretary shall prescribe 

6 such regulations as are necessary to carry out this 

7 subtitle with respect to employees described in sub8 paragraph (A) or (B) of section 173(3) and other in9 dividuals affected by employers described in sub10 clause (I) or (II) of section 173(4)(A)(i). 

11 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI12 BRARY OF CONGRESS.—The Comptroller General of 

13 the United States and the Librarian of Congress 

14 shall prescribe the regulations with respect to em15 ployees of the Government Accountability Office and 

16 the Library of Congress, respectively and other indi17 viduals affected by the Comptroller General of the 

18 United States and the Librarian of Congress, re19 spectively. 

20 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC21 COUNTABILITY ACT OF 1995.— 

22 (1) AUTHORITY.—Not later than 120 days 

23 after the date of enactment of this Act, the Board 

24 of Directors of the Office of Compliance shall pre25 scribe (in accordance with section 304 of the Con26 gressional Accountability Act of 1995 (2 U.S.C. 


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1 1384)) such regulations as are necessary to carry 

2 out this subtitle with respect to employees described 

3 in section 173(3)(C) and other individuals affected 

4 by employers described in section 173(4)(A)(i)(III). 

5 (2) AGENCY REGULATIONS.—The regulations 

6 prescribed under paragraph (1) shall be the same as 

7 substantive regulations promulgated by the Sec8 retary to carry out this subtitle except insofar as the 

9 Board may determine, for good cause shown and 

10 stated together with the regulations prescribed 

11 under paragraph (1), that a modification of such 

12 regulations would be more effective for the imple13 mentation of the rights and protections involved 

14 under this section. 

15 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

16 3, UNITED STATES CODE.— 

17 (1) AUTHORITY.—Not later than 120 days 

18 after the date of enactment of this subtitle, the 

19 President (or the designee of the President) shall 

20 prescribe such regulations as are necessary to carry 

21 out this subtitle with respect to employees described 

22 in section 173(3)(D) and other individuals affected 

23 by employers described in section 173(4)(A)(i)(IV). 

24 (2) AGENCY REGULATIONS.—The regulations 

25 prescribed under paragraph (1) shall be the same as 


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1 substantive regulations promulgated by the Sec2 retary to carry out this subtitle except insofar as the 

3 President (or designee) may determine, for good 

4 cause shown and stated together with the regula5 tions prescribed under paragraph (1), that a modi6 fication of such regulations would be more effective 

7 for the implementation of the rights and protections 

8 involved under this section. 

9 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

10 5, UNITED STATES CODE.— 

11 (1) AUTHORITY.—Not later than 120 days 

12 after the date of enactment of this subtitle, the Di13 rector of the Office of Personnel Management shall 

14 prescribe such regulations as are necessary to carry 

15 out this subtitle with respect to employees described 

16 in section 173(3)(E) and other individuals affected 

17 by employers described in section 173(4)(A)(i)(V). 

18 (2) AGENCY REGULATIONS.—The regulations 

19 prescribed under paragraph (1) shall be the same as 

20 substantive regulations promulgated by the Sec21 retary to carry out this subtitle except insofar as the 

22 Director may determine, for good cause shown and 

23 stated together with the regulations prescribed 

24 under paragraph (1), that a modification of such 

25 regulations would be more effective for the impleVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 mentation of the rights and protections involved 

2 under this section. 

3 SEC. 183. EFFECTIVE DATES. 

4 (a) EFFECTIVE DATE.—This subtitle shall take effect 

5 6 months after the date of issuance of regulations under 

6 section 182(a)(1). 

7 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

8 case of a collective bargaining agreement in effect on the 

9 effective date prescribed by subsection (a), this subtitle 

10 shall take effect on the earlier of— 

11 (1) the date of the termination of such agree12 ment; or 

13 (2) the date that occurs 18 months after the 

14 date of issuance of regulations under section 

15 182(a)(1). 

16 Subtitle E—Family and Medical 

17 Leave Enhancement Act of 2009 

18 SEC. 191. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Family and Med20 ical Leave Enhancement Act of 2009’’. 

21 SEC. 192. ELIGIBLE EMPLOYEE. 

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

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

24 by striking ‘‘less than 50’’ each place it appears and in25 serting ‘‘fewer than 25’’. 


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1 SEC. 193. ENTITLEMENT TO ADDITIONAL LEAVE UNDER 

2 THE FMLA FOR PARENTAL INVOLVEMENT 

3 AND FAMILY WELLNESS. 

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

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

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

7 new paragraph: 

8 ‘‘(5) ENTITLEMENT TO ADDITIONAL LEAVE FOR

9 PARENTAL INVOLVEMENT AND FAMILY

10 WELLNESS.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B) and section 103(g), an eligible em13 ployee shall be entitled to leave under this para14 graph to— 

15 ‘‘(i) participate in or attend an activ16 ity that is sponsored by a school or com17 munity organization and relates to a pro18 gram of the school or organization that is 

19 attended by a son or daughter or a grand20 child of the employee; or 

21 ‘‘(ii) meet routine family medical care 

22 needs, including for medical and dental ap23 pointments of the employee or a son, 

24 daughter, spouse, or grandchild of the em25 ployee, or to attend to the care needs of el26 derly individuals who are related to the eliVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 gible employee, including visits to nursing 

2 homes and group homes. 

3 ‘‘(B) LIMITATIONS.— 

4 ‘‘(i) IN GENERAL.—An eligible em5 ployee is entitled to— 

6 ‘‘(I) not to exceed 4 hours of 

7 leave under this paragraph during any 

8 30-day period; and 

9 ‘‘(II) not to exceed 24 hours of 

10 leave under this paragraph during any 

11 12-month period. 

12 ‘‘(ii) COORDINATION RULE.—Leave 

13 under this paragraph shall be in addition 

14 to any leave provided under any other 

15 paragraph of this subsection. 

16 ‘‘(C) DEFINITIONS.—As used in this para17 graph: 

18 ‘‘(i) SCHOOL.—The term ‘school’ 

19 means an elementary school or secondary 

20 school (as such terms are defined in sec21 tion 9101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 

23 7801)), a Head Start program assisted 

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

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


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1 ‘‘(ii) COMMUNITY ORGANIZATION.— 

2 The term ‘community organization’ means 

3 a private nonprofit organization that is 

4 representative of a community or a signifi5 cant segment of a community and provides 

6 activities for individuals described in sub7 paragraph (A) or (B) of section 101(12), 

8 such as a scouting or sports organiza9 tion.’’. 

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

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

12 sentence the following new sentence: ‘‘Leave under sub13 section (a)(5) may be taken intermittently or on a reduced 

14 leave schedule.’’. 

15 (c) SUBSTITUTION OF PAID LEAVE.—Section 

16 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended 

17 by adding at the end the following new subparagraph: 

18 ‘‘(C) PARENTAL INVOLVEMENT LEAVE AND

19 FAMILY WELLNESS LEAVE.—An eligible em20 ployee may elect, or an employer may require 

21 the employee, to substitute any of the accrued 

22 paid vacation leave, personal leave, or family 

23 leave of the employee for any leave under sub24 section (a)(5). In addition, an eligible employee 

25 may elect, or an employer may require the emVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 ployee, to substitute any of the accrued paid 

2 medical or sick leave of the employee for leave 

3 provided under clause (ii) of subsection 

4 (a)(5)(A) for any part of the leave under such 

5 clause, except that nothing in this title shall re6 quire an employer to provide paid sick leave or 

7 paid medical leave in any situation in which 

8 such employer would not normally provide any 

9 such paid leave. If the employee elects or the 

10 employer requires the substitution of accrued 

11 paid leave for leave provided under subsection 

12 (a)(5)(A), the employer shall not restrict or 

13 limit this substitution or impose any additional 

14 terms and conditions on such leave that are 

15 more stringent on the employee than the terms 

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

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

18 2612(e)) is amended by adding at the end the following 

19 new paragraph: 

20 ‘‘(4) NOTICE RELATING TO PARENTAL IN21 VOLVEMENT AND FAMILY WELLNESS LEAVE.—In 

22 any case in which an employee requests leave under 

23 paragraph (5) of subsection (a), the employee 

24 shall— 


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

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

3 practicable before the date the leave is to be 

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

5 under such paragraph; and 

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

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

8 to schedule the leave so as not to disrupt un9 duly the operations of the employer, subject to 

10 the approval of the health care provider in11 volved (if any).’’. 

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

13 U.S.C. 2613) is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(g) CERTIFICATION RELATED TO PARENTAL IN16 VOLVEMENT AND FAMILY WELLNESS LEAVE.—An em17 ployer may require that a request for leave under section 

18 102(a)(5) be supported by a certification issued at such 

19 time and in such manner as the Secretary may by regula20 tion prescribe.’’. 

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

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

23 2611) is amended by adding at the end the following new 

24 paragraph: 


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

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

3 daughter.’’. 

4 SEC. 194. ENTITLEMENT OF FEDERAL EMPLOYEES TO 

5 LEAVE FOR PARENTAL INVOLVEMENT AND 

6 FAMILY WELLNESS. 

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

8 5, United States Code, is amended by adding at the end 

9 the following new paragraph: 

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

11 6383(f), an employee shall be entitled to leave under this 

12 paragraph to— 

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

14 sponsored by a school or community organization 

15 and relates to a program of the school or organiza16 tion that is attended by a son or daughter or a 

17 grandchild of the employee; or 

18 ‘‘(ii) meet routine family medical care needs, in19 cluding for medical and dental appointments of a 

20 son, daughter, spouse, or grandchild of the em21 ployee, or to attend to the care needs of elderly indi22 viduals who are related to the eligible employee, in23 cluding visits to nursing homes and group homes. 

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


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

2 paragraph during any 30-day period; and 

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

4 paragraph during any 12-month period. 

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

6 to any leave provided under any other paragraph of this 

7 subsection. 

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

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

10 school or secondary school (as such terms are de11 fined in section 9101 of the Elementary and Sec12 ondary Education Act of 1965), a Head Start pro13 gram assisted under the Head Start Act, and a child 

14 care facility licensed under State law; and 

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

16 a private nonprofit organization that is representa17 tive of a community or a significant segment of a 

18 community and provides activities for individuals de19 scribed in subparagraph (A) or (B) of section 

20 6381(6), such as a scouting or sports organization.’’. 

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

22 amended— 

23 (1) by inserting after the second sentence the 

24 following new sentence: ‘‘Leave under subsection 


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

2 leave schedule.’’; and 

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

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

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

6 or 12-month period),’’. 

7 (c) SUBSTITUTION OF PAID LEAVE.—Section 

8 6382(d) of such title is amended— 

9 (1) by inserting ‘‘(1)’’ after the subsection des10 ignation; and 

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

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

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

14 accumulated annual or sick leave under subchapter I. If 

15 the employee elects to substitute accumulated annual or 

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

17 employing agency shall not restrict or limit this substi18 tution or impose any additional terms and conditions on 

19 such leave that are more stringent on the employee than 

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

21 (d) NOTICE.—Section 6382(e) of such title is amend22 ed by adding at the end the following new paragraph: 

23 ‘‘(3) In any case in which an employee requests leave 

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

25 shall— 


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

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

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

4 under such paragraph; and 

5 ‘‘(B) in the case of leave to be taken under sub6 paragraph (A)(ii), make a reasonable effort to 

7 schedule the leave so as not to disrupt unduly the 

8 operations of the employer, subject to the approval 

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

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

11 amended by striking ‘‘6382(a)(3)’’ and inserting ‘‘para12 graph (3) or (5) of section 6382(a)’’. 

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

14 title 5, United States Code, is amended— 

15 (1) in paragraph (10), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (11), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

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

20 paragraph: 

21 ‘‘(12) the term ‘grandchild’ means a son or 

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


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1 TITLE II—CHILD CARE 

2 EXPANSION AND IMPROVEMENT 

3 Subtitle A—Education Begins at 

4 Home 

5 SEC. 201. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Education Begins 

7 at Home Act of 2009’’. 

8 SEC. 202. PURPOSES. 

9 The purposes of this subtitle are as follows: 

10 (1) To enable States, Indian tribes, tribal orga11 nizations, territories, or possessions to deliver qual12 ity programs of early childhood home visitation to 

13 pregnant women and parents of children from birth 

14 until entry into kindergarten in order to promote 

15 positive outcomes for children and families including: 

16 readiness for school, improved child health and de17 velopment, positive parenting practices, reductions in 

18 child maltreatment, and enhanced parenting abilities 

19 to support their children’s optimal cognitive, lan20 guage, social-emotional, and physical development. 

21 (2) To expand quality programs of early child22 hood home visitation so as to more effectively reach 

23 and serve families with English language learners. 


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1 (3) To expand quality programs of early child2 hood home visitation so as to more effectively reach 

3 and serve families serving in the military. 

4 (4) To establish a public education and aware5 ness campaign concerning the importance of the 

6 proper care of infants and young children. 

7 SEC. 203. DEFINITIONS. 

8 In this subtitle: 

9 (1) ELIGIBLE FAMILY.—The term ‘‘eligible 

10 family’’ means— 

11 (A) a woman who is pregnant and the fa12 ther of the child if the father is available; or 

13 (B) a parent or primary caregiver of a 

14 child under the age of entry into kindergarten, 

15 including grandparents or other relatives of the 

16 child, and foster parents (including kinship 

17 caregivers), who are serving as the primary 

18 caregiver, including a noncustodial parent who 

19 has an ongoing relationship with and, at times, 

20 provides physical care for such child. 

21 (2) ENGLISH LANGUAGE LEARNER.—The term 

22 ‘‘English language learner’’, used with respect to an 

23 individual, means an individual— 

24 (A) who— 


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1 (i) was not born in the United States 

2 or whose native language is a language 

3 other than English; 

4 (ii)(I) is a Native American (as de5 fined in section 9101 of the Elementary 

6 and Secondary Education Act of 1965 (20 

7 U.S.C. 7801)), an Alaska Native, or a na8 tive resident of an outlying area (as de9 fined in such section 9101); and 

10 (II) comes from an environment where 

11 a language other than English has had a 

12 significant impact on the individual’s level 

13 of English language proficiency; or 

14 (iii) is migratory, whose native lan15 guage is a language other than English, 

16 and who comes from an environment where 

17 a language other than English is domi18 nant; and 

19 (B) whose difficulties in speaking or un20 derstanding the English language may be suffi21 cient to deny such individual— 

22 (i) the ability to successfully achieve 

23 in a classroom in which the language of in24 struction is English; or 


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1 (ii) the opportunity to participate fully 

2 in society. 

3 (3) HOME VISITATION.—The term ‘‘home visi4 tation’’ means services provided in the permanent or 

5 temporary residence, or in a mutually agreed upon 

6 location in the community, of the individual receiv7 ing such services. 

8 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

9 has the meaning given such term in section 4(e) of 

10 the Indian Self-Determination and Education Assist11 ance Act (25 U.S.C. 450b). 

12 (5) SECRETARY.—Except as provided in section 

13 206, the term ‘‘Secretary’’ means the Secretary of 

14 Health and Human Services. 

15 (6) STATE.—The term ‘‘State’’ means each of 

16 the 50 States, the District of Columbia, and the 

17 Commonwealth of Puerto Rico. 

18 (7) TERRITORIES AND POSSESSIONS.—The 

19 term ‘‘territories and possessions’’ shall include 

20 American Samoa, the Commonwealth of the North21 ern Mariana Islands, Guam, and the United States 

22 Virgin Islands. 

23 (8) TRIBAL ORGANIZATION.—The term ‘‘tribal 

24 organization’’ has the meaning given the term in 


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1 section 4(l) of the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 450b). 

3 SEC. 204. GRANTS FOR EARLY CHILDHOOD HOME VISITA4 TION. 

5 (a) AUTHORIZATION.—The Secretary, in consultation 

6 with the Secretary of Education, shall make grants to 

7 States, Indian tribes, tribal organizations, territories and 

8 possessions to enable States, Indian tribes, tribal organi9 zations, territories and possessions to establish or expand 

10 quality programs of early childhood home visitation as 

11 specified under subsection (e). Each grant shall consist of 

12 the allotment determined under subsection (b). 

13 (b) DETERMINATION OF RESERVATIONS; AMOUNT OF

14 ALLOTMENTS; AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) RESERVATIONS FROM APPROPRIATIONS.— 

16 From the total amount made available to carry out 

17 this section for a fiscal year, the Secretary shall re18 serve— 

19 (A) 3 percent for an independent evalua20 tion of the activities carried out under this title, 

21 as specified in section 207; 

22 (B) not more than 3 percent for Federal 

23 administrative costs; 

24 (C) not more than 2 percent of the funds 

25 appropriated for any fiscal year for payments to 


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1 Indian tribes or tribal organizations with an ap2 proved application under this section; 

(D) not more than 1 3 ⁄2 of 1 percent of the 

4 funds appropriated for any fiscal year for pay5 ments to territories and possessions with an ap6 proved application under this section; and 

7 (E) 2 percent for training and technical 

8 assistance for States. 

9 (2) STATE ALLOTMENTS FOR EARLY CHILD10 HOOD HOME VISITATION.— 

11 (A) IN GENERAL.—In accordance with 

12 subparagraph (B), the Secretary shall allot 

13 among each of the eligible States the total 

14 amount made available to carry out this section 

15 for any fiscal year and not reserved under para16 graph (1), to support early childhood home visi17 tation programs in accordance with this section. 

18 (B) DETERMINATION OF STATE ALLOT19 MENTS.—The Secretary shall allot the amount 

20 made available under subparagraph (A) for a 

21 fiscal year among the eligible States in propor22 tion to the number of children, aged from birth 

23 through 5 years from families whose income is 

24 below the poverty line, who reside within the 

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1 uals who reside in all such States for that fiscal 

2 year. 

3 (3) PAYMENTS TO TRIBES AND TERRITORIES.— 

4 (A) Out of the funds reserved under para5 graph (1)(C), the Secretary shall provide funds 

6 to each Indian tribe or tribal organization with 

7 an approved application under this section in 

8 accordance with the respective needs described 

9 in that application. 

10 (B) Out of the funds reserved under para11 graph (1)(D), the Secretary shall provide funds 

12 to each territory or possession with an approved 

13 application under this section in accordance 

14 with the respective needs described in that ap15 plication. 

16 (4) APPLICATIONS OF INDIAN TRIBES, TRIBAL

17 ORGANIZATIONS, TERRITORIES, OR POSSESSIONS.— 

18 (A) Subject to subparagraph (B), the Sec19 retary shall approve an application of an Indian 

20 tribe, tribal organization, territory, or posses21 sion based on the quality of the application. 

22 (B) The Secretary may exempt an applica23 tion submitted by an Indian tribe, tribal organi24 zation, territory, or possession from any re25 quirement of this section that the Secretary deVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 termines would be inappropriate to apply taking 

2 into account the resources, needs, and other cir3 cumstances of the Indian tribe, tribal organiza4 tion territory, or possession with the exception 

5 of the provision of quality early childhood home 

6 visitation and participation in the independent 

7 evaluation outlined in section 207. 

8 (5) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry out 

10 this section $150,000,000 for fiscal year 2010 and 

11 such sums as may be necessary for fiscal years 2011 

12 through 2014. 

13 (c) GRANT APPLICATIONS.—A State, Indian tribe, 

14 tribal organization, territory, or possession that desires to 

15 receive a grant under this section shall submit an applica16 tion to the Secretary at such time, in such manner, and 

17 containing such information as the Secretary may require. 

18 For the purposes of this subsection, the term ‘‘State’’ in19 cludes Indian tribes, tribal organizations, territories, or 

20 possessions. The application shall contain the following in21 formation: 

22 (1) An assurance that the Governor of the 

23 State has designated a lead State agency, such as 

24 the State educational agency or the State health and 


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1 human services agency, to carry out the activities 

2 under this section. 

3 (2) An assurance that the State will reserve 3 

4 percent of such grant for evaluation and will partici5 pate in the independent evaluation under section 

6 207. 

7 (3) An assurance that the State will reserve 10 

8 percent of the grant funds for training and technical 

9 assistance to programs of early childhood home visi10 tation. 

11 (4) An assurance that the State will authorize 

12 child care resource and referral agencies to refer 

13 parents seeking home visitation services. 

14 (5) An assurance that in supporting early child15 hood home visitation programs under this section 

16 the State shall identify and prioritize serving com17 munities that are in high need of such services, such 

18 as communities with— 

19 (A) low student achievement; 

20 (B) high rates of teen pregnancy; 

21 (C) high proportions of families; 

22 (D) high incidences of child abuse; 

23 (E) high rates of children with develop24 mental delays or disabilities; 


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1 (F) large concentrations of individuals who 

2 are English language learners; 

3 (G) large concentrations of individuals cur4 rently serving in the Armed Forces; and 

5 (H) large concentrations of individuals who 

6 formerly served in the Armed Forces. 

7 (6) The results of a statewide needs assessment 

8 that describes— 

9 (A) the quality and capacity of existing 

10 programs of early childhood home visitation in 

11 the State; 

12 (B) the number and types of eligible fami13 lies who are receiving services under such pro14 grams; and 

15 (C) the gaps in early childhood home visi16 tation in the State, including identification of 

17 communities that are in high need of such serv18 ices. 

19 (7) A State plan containing the following: 

20 (A) A description of the State’s plan to 

21 prioritize establishing or expanding high quality 

22 programs of early childhood home visitation 

23 programs in communities that are in high need 

24 of such programs. 


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1 (B) A description of the high quality pro2 grams of early childhood home visitation that 

3 will be supported by a grant under this section. 

4 (C) A description of how the proposed pro5 gram of early childhood home visitation will 

6 promote positive parenting skills and children’s 

7 early learning and development. 

8 (D) A description of how the proposed pro9 gram of early childhood home visitation will in10 corporate the authorized activities described in 

11 subsection (e). 

12 (E) How the lead State agency will build 

13 on and promote coordination among existing 

14 programs of early childhood home visitation in 

15 an effort to promote an array of home visitation 

16 programs to ensure more eligible families are 

17 being served and are getting the most appro18 priate services to meet their needs. 

19 (F) How the lead State agency will pro20 mote collaboration among a broad range of 

21 child- and family-serving programs, including— 

22 (i) early childhood home visitation 

23 programs, including targeted grants 

24 awarded under sections 205 and 206; 


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1 (ii) early childhood care and education 

2 programs; 

3 (iii) activities carried out under part 

4 C of the Individuals with Disabilities Edu5 cation Act (20 U.S.C. 1431 et seq.) and 

6 section 619 of the Individuals with Disabil7 ities Education Act (20 U.S.C. 1419); 

8 (iv) child abuse prevention and treat9 ment programs, and State and local child 

10 protection systems; 

11 (v) Medicaid and State Children’s 

12 Health Insurance programs; 

13 (vi) nutrition assistance programs; 

14 (vii) parental substance abuse and 

15 mental health prevention and treatment 

16 programs; 

17 (viii) domestic and family violence 

18 prevention programs; 

19 (ix) child support enforcement pro20 grams; 

21 (x) workforce development programs; 

22 (xi) the State Temporary Assistance 

23 to Needy Families program; 


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1 (xii) early childhood intervention pro2 grams, such as mental health prevention 

3 and treatment services; 

4 (xiii) State and local educational 

5 agencies; and 

6 (xiv) other appropriate child-serving 

7 programs in the State in order to facilitate 

8 the coordinated delivery of services for eli9 gible families. 

10 (G) How the lead State agency will provide 

11 for the training and technical assistance to pro12 grams of early childhood home visitation in13 volved in activities under this section to more 

14 effectively meet the needs of the eligible families 

15 served, with sensitivity to cultural variations in 

16 attitudes toward formal support services and 

17 parenting norms. 

18 (H) How the lead State agency will evalu19 ate the activities supported under this section in 

20 order to assess outcomes including, but not lim21 ited to— 

22 (i) parental outcomes related to child 

23 health and development, including parent 

24 knowledge of early learning and develop25 ment; 


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1 (ii) child health, cognitive, language, 

2 social-emotional, and physical development; 

3 (iii) child maltreatment; 

4 (iv) school readiness; and 

5 (v) links to community services. 

6 (I) A description of how the lead State 

7 agency will ensure home visitation programs 

8 prioritize outreach activities to target fathers 

9 and include fathers in the program where safe 

10 and appropriate. 

11 (J) A description of how the lead State 

12 agency will ensure that services are made avail13 able under the program to grandparents, other 

14 relatives or foster parents, of a child from birth 

15 through age 5 who serve as the primary care16 giver of the child. 

17 (K) Such other information as the Sec18 retary may require. 

19 (d) APPROVAL OF APPLICATIONS.— 

20 (1) IN GENERAL.—The Secretary shall approve 

21 an application under this section based on the rec22 ommendations of a peer review panel, as described 

23 in paragraph (2). 

24 (2) PEER REVIEW PANEL.—The peer review 

25 panel shall include individuals with experience in 


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1 varying models of home visitation, including not 

2 fewer than— 

3 (A) 3 individuals who are experts in the 

4 field of home visitation; 

5 (B) 2 individuals who are experts in early 

6 childhood development; 

7 (C) 1 individual with expertise imple8 menting a statewide program of early childhood 

9 home visitation; 

10 (D) 1 individual who is a board certified 

11 pediatrician or a developmental pediatrician; 

12 and 

13 (E) 1 individual with experience in admin14 istering public or private (including community15 based) child maltreatment prevention programs. 

16 (3) RECOMMENDATIONS.—The panel shall rec17 ommend applicants to the Secretary based on the 

18 quality of their applications. In addition to ensuring 

19 that the application is complete, the panel shall con20 sider— 

21 (A) the quality of the statewide needs as22 sessment, described in subsection (c)(6); 

23 (B) the quality of the programs to be fund24 ed by the grant, described in subsection 

25 (c)(7)(B), and the capacity of such programs to 


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1 establish or expand high quality home visitation 

2 services; 

3 (C) the plan to enhance and improve serv4 ices in the State through collaboration described 

5 in subsections (c)(7)(E) and (c)(7)(F); 

6 (D) the State’s plan to prioritize serving 

7 communities in high need of home visitation 

8 programs; and 

9 (E) the State’s plan for delivering effective 

10 training and technical assistance. 

11 (e) STATE USES OF FUNDS.—Each State that re12 ceives a grant under this section shall— 

13 (1) provide to as many eligible families in the 

14 State as practicable, voluntary early childhood home 

15 visitation, on not less frequently than a monthly 

16 basis with greater frequency of services for those eli17 gible families identified with additional needs, 

18 through the implementation of high quality pro19 grams of early childhood home visitation that— 

20 (A) adopt a clear, consistent model that— 

21 (i) is research-based; 

22 (ii) is grounded in empirically based 

23 knowledge related to home visiting and 

24 child health or child development; 


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1 (iii) is linked to program-determined 

2 outcomes; 

3 (iv) is associated with a national orga4 nization or institution of higher education 

5 (as defined under section 101 of the High6 er Education Act of 1965), that has com7 prehensive home visitation program stand8 ards, including standardized training and 

9 ongoing professional development, that en10 sure high quality service delivery and con11 tinuous program quality improvement; 

12 (v) has been evaluated, and the re13 sults of the evaluation have been published 

14 in a peer-reviewed journal; and 

15 (vi) has been in existence at least 3 

16 consecutive years prior to the program 

17 being funded under this title; 

18 (B) employ well-trained and competent 

19 staff, as demonstrated by education or training, 

20 and the provision of ongoing and specific train21 ing on the model being delivered; 

22 (C) maintain high quality supervision that 

23 supports home visitor competencies; 

24 (D) show strong organizational capacity to 

25 implement the program involved; 


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1 (E) establish appropriate linkages and re2 ferral networks to other community resources 

3 and supports; 

4 (F) monitor fidelity of program implemen5 tation to assure that services are delivered ac6 cording to the specified model; 

7 (G) establish procedures to promote par8 ticipation of fathers, where safe and appro9 priate; 

10 (H) are research-based and provide par11 ents with— 

12 (i) knowledge of age-appropriate child 

13 development in cognitive, language, social14 emotional, and motor domains (including 

15 knowledge of second language acquisition, 

16 in the case of English language learners); 

17 (ii) knowledge of realistic expectations 

18 of age-appropriate child behaviors; 

19 (iii) knowledge of health and wellness 

20 issues for children and parents; 

21 (iv) modeling, consulting, and coach22 ing on parenting practices; 

23 (v) skills to interact with their child to 

24 enhance age-appropriate development; 


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1 (vi) skills to recognize and seek help 

2 for issues related to health, developmental 

3 delays, and social, emotional, and behav4 ioral skills; 

5 (vii) activities designed to help par6 ents become full partners in the education 

7 of their children; and 

8 (viii) relevant information, consistent 

9 with State child welfare agency training, 

10 concerning child welfare and protective 

11 services resources if appropriate; 

12 (I) ascertain what health and develop13 mental services the family receives and works 

14 with providers of such services to eliminate 

15 gaps in service by offering annual health, vi16 sion, hearing, and developmental screening for 

17 children from birth to entry into kindergarten, 

18 when not otherwise provided; 

19 (J) provide referrals for eligible families, 

20 as needed, to additional resources available in 

21 the community, such as center-based early edu22 cation programs, child care services, health or 

23 mental health services, family literacy pro24 grams, employment agencies, social services, faVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 therhood programs, and child care resource and 

2 referral agencies; and 

3 (K) offer group meetings (at program dis4 cretion) for eligible families that— 

5 (i) further enhance the information, 

6 activities, and skill-building addressed dur7 ing home visitation; and 

8 (ii) offer opportunities for parents to 

9 meet with and support each other. 

10 (2) reserve 10 percent of the grant funds to 

11 provide training and technical assistance, directly or 

12 through contract, to early childhood home visitation 

13 programs relating to— 

14 (A) effective methods of implementing par15 ent education, conducting home visiting, and 

16 promoting positive early childhood development; 

17 (B) the relationship of health and well18 being of pregnant women to prenatal and early 

19 childhood development; 

20 (C) early childhood development with re21 spect to children from birth until entry into kin22 dergarten; 

23 (D) methods to help parents promote 

24 emergent literacy, including second language 

25 acquisition for English language learners, in 


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1 their children from birth until entry into kin2 dergarten; 

3 (E) health, vision, hearing, and develop4 mental screenings; 

5 (F) strategies for helping eligible families 

6 with special needs or those eligible families cop7 ing with crisis; 

8 (G) recruiting, supervising, and retaining 

9 qualified staff; 

10 (H) increasing services for underserved 

11 populations; 

12 (I) methods to help parents effectively re13 spond to their children’s needs and behaviors; 

14 (J) implementation of ongoing program 

15 quality improvement and evaluation of activities 

16 and outcomes; 

17 (K) relevant issues related to child welfare 

18 and protective services, with information pro19 vided being consistent with State or local child 

20 welfare agency training; 

21 (L) effective methods of successfully en22 gaging fathers in programs for parents; and 

23 (M) the relationship of father involvement 

24 to the health and well-being of pregnant women 


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1 and to prenatal and early childhood develop2 ment; 

3 (3) ensure representatives from high quality 

4 programs of early childhood home visitation oper5 ating in the State are included in an existing State6 level early childhood coordinating body, such as the 

7 State Advisory Council on Early Childhood Care and 

8 Education (as defined in section 642B(b) of the 

9 Head Start Act), that meets regularly to address 

10 policy and implementation issues that will improve 

11 the coordination and effectiveness of a range of serv12 ices for children and families; and 

13 (4) use not more than 5 percent of the amount 

14 of grant funds received under this section for the ad15 ministration of the grant, including planning, admin16 istration, and annual reporting. 

17 (f) MAINTENANCE OF EFFORT.—A State is entitled 

18 to receive its full allotment of funds under this section for 

19 any fiscal year if the Secretary finds that the aggregate 

20 expenditures within the State for quality programs of 

21 early childhood home visitation for the fiscal year pre22 ceding the fiscal year for which the determination is made 

23 was not less than 100 percent of such aggregate expendi24 tures for the second fiscal year preceding the fiscal year 

25 for which the determination is made. 


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1 (g)(1) STATE MATCH.—In order to receive an allot2 ment under subsection (b)(2), a State shall match the 

3 amount of such allotment with funds not derived from 

4 other Federal sources on the following basis: 

5 (A) 10 percent of such allotment for fiscal year 

6 2011; 

7 (B) 20 percent of such allotment for fiscal year 

8 2012; and 

9 (C) 30 percent of such allotment for fiscal year 

10 2013. 

11 (2) MATCH REQUIREMENT.—The funds resulting 

12 from the requirement in paragraph (1) shall be exported 

13 in accordance with the requirements of this section. 

14 (h) REPORTING REQUIREMENTS.—Each State that 

15 receives a grant under this section shall submit an annual 

16 report to the Secretary regarding the State’s progress in 

17 addressing the purposes of this subtitle. Such report shall 

18 include, at a minimum, a description of— 

19 (1) actual service delivery provided under the 

20 grant including— 

21 (A) program characteristics, including de22 scriptive information on the service model used 

23 and actual program performance; 


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1 (B) provider characteristics, including staff 

2 qualifications, work experience, and demo3 graphic characteristics; and 

4 (C) recipient characteristics, including 

5 number, demographic characteristics, and fam6 ily retention; 

7 (2) recipient outcomes that are consistent with 

8 program goals, including, where appropriate given 

9 the program being evaluated— 

10 (A) parent knowledge of early learning and 

11 development; 

12 (B) child health, cognitive, language, so13 cial-emotional, and physical developmental indi14 cators; 

15 (C) child maltreatment indicators; 

16 (D) school readiness indicators; and 

17 (E) links to community services; 

18 (3) the research-based instruction, materials, 

19 and activities being used in the activities funded 

20 under the grant; 

21 (4) the training and technical assistance, in22 cluding ongoing professional development, provided 

23 to programs supported under the grant; 


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1 (5) beginning at the end of the second year of 

2 the grant, the results of evaluations described in 

3 subsection (c)(7)(H); and 

4 (6) the annual program implementation costs, 

5 including the cost per family served under the pro6 gram. 

7 SEC. 205. TARGETED GRANTS FOR EARLY CHILDHOOD 

8 HOME VISITATION FOR FAMILIES WITH 

9 ENGLISH LANGUAGE LEARNERS. 

10 (a) IN GENERAL.—The Secretary, in consultation 

11 with the Secretary of Education, shall make grants, on 

12 a competitive basis, to eligible applicants to enable such 

13 applicants to support and expand local efforts to deliver 

14 services through quality programs of early childhood home 

15 visitation to eligible families with English language learn16 ers. 

17 (b) ELIGIBLE APPLICANT.—In this section, the term 

18 ‘‘eligible applicant’’ means— 

19 (1) 1 or more local educational agencies (as de20 fined in section 9101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 7801)); 

22 and 

23 (2) 1 or more public or private community24 based organizations or agencies that serve eligible 

25 families and are capable of establishing and impleVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 menting high quality programs of early childhood 

2 home visitation. 

3 (c) APPLICATIONS.—An eligible applicant that de4 sires to receive a grant under this section shall submit an 

5 application to the Secretary at such time, in such manner, 

6 and containing such information as the Secretary may re7 quire. The application shall include a description of— 

8 (1) the results of a communitywide needs as9 sessment that demonstrates the need for services to 

10 eligible families with English language learners and 

11 describes— 

12 (A) community demographics; 

13 (B) the quality and capacity of existing 

14 programs of early childhood home visitation for 

15 eligible families with English language learners 

16 in the community; 

17 (C) the gaps in programs of early child18 hood home visitation for eligible families with 

19 English language learners in the community; 

20 and 

21 (D) the type of program of early childhood 

22 home visitation necessary to address the gaps 

23 identified; 


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1 (2) the program of early childhood home visita2 tion that will be supported by the grant under this 

3 section; 

4 (3) how the proposed program of early child5 hood home visitation will promote positive parenting 

6 skills and children’s early learning and development; 

7 (4) how the proposed program of early child8 hood home visitation will incorporate the authorized 

9 activities described in subsection (e); 

10 (5) how services provided through a grant 

11 under this section will use materials that are appro12 priate for eligible families with English language 

13 learners; 

14 (6) how the activities under this section will 

15 build on and promote coordination among existing 

16 programs of early childhood home visitation, if such 

17 programs exist in the community, in an effort to 

18 promote an array of home visitation that ensures 

19 more eligible families with English language learners 

20 are being served and are getting the most appro21 priate services to meet their needs; 

22 (7) how the program will ensure that— 

23 (A) where appropriate to the program 

24 goals of the home visiting model, families par25 ticipating in early childhood home visitation 


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1 programs with English language learners will 

2 be introduced to and connected with their local 

3 schools to encourage ongoing parental involve4 ment in their children’s education; and 

5 (B) the activities under this section will 

6 support the preparation of children for school; 

7 (8) how channels of communication will be es8 tablished between staff of programs of early child9 hood home visitation and staff of other early child10 hood education programs, such as Head Start pro11 grams carried out under the Head Start Act (42 

12 U.S.C. 9831 et seq.) and Early Head Start pro13 grams carried out under section 645A of such Act, 

14 preschool programs, and child care programs, to fa15 cilitate the coordination of services for eligible fami16 lies with English language learners; 

17 (9) how eligible families with English language 

18 learners will be recruited and retained to receive 

19 services under this section; 

20 (10) how training and technical assistance will 

21 be provided to help the staff of programs of early 

22 childhood home visitation involved in activities under 

23 this section to more effectively serve eligible families 

24 with English language learners; 


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1 (11) how the eligible applicant will evaluate the 

2 activities supported under this section in order to 

3 demonstrate outcomes related to the— 

4 (A) number of eligible families with 

5 English language learners served by programs 

6 of early childhood home visitation; 

7 (B) parental knowledge of early learning 

8 and development; 

9 (C) positive parenting practices related to 

10 early learning and development; and 

11 (D) children’s cognitive, language, social12 emotional, and physical development; 

13 (12) how the proposed program will conduct 

14 outreach activities to target both mothers and fa15 thers and increase father involvement where safe 

16 and appropriate; and 

17 (13) such other information as the Secretary 

18 may require. 

19 (d) APPROVAL OF APPLICATIONS.— 

20 (1) IN GENERAL.—The Secretary shall select 

21 applicants for funding under this section based on 

22 the quality of the applications and the recommenda23 tions of a peer review panel, as described in para24 graph (2). 


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1 (2) PEER REVIEW PANEL.—The peer review 

2 panel shall include not fewer than— 

3 (A) 2 individuals who are experts in the 

4 field of home visitation; 

5 (B) 2 individuals who are experts in early 

6 childhood development; 

7 (C) 2 individuals who are experts in serv8 ing eligible families with English language 

9 learners; 

10 (D) 1 individual who is a board certified 

11 pediatrician or a developmental pediatrician; 

12 and 

13 (E) 1 individual with expertise in admin14 istering public or private (including community15 based) child maltreatment prevention programs. 

16 (e) AUTHORIZED ACTIVITIES.—Each eligible appli17 cant that receives a grant under this section shall carry 

18 out the following activities: 

19 (1) Providing to as many eligible families with 

20 English language learners as practicable, voluntary 

21 early childhood home visitation, on not less fre22 quently than a monthly basis, through the imple23 mentation of quality programs of early childhood 

24 home visitation that are research-based that provide 

25 parents with— 


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1 (A) knowledge of age-appropriate child de2 velopment in cognitive, language, social-emo3 tional, and motor domains; 

4 (B) knowledge of realistic expectations of 

5 age-appropriate child behaviors; 

6 (C) knowledge of health and wellness 

7 issues for children and parents; 

8 (D) modeling, consulting, and coaching on 

9 parenting practices; 

10 (E) skills to interact with their child to en11 hance age-appropriate development; 

12 (F) skills to recognize and seek help for 

13 issues related to health, developmental delays, 

14 and social, emotional, and behavioral skills; and 

15 (G) activities designed to help parents be16 come full partners in the education of their chil17 dren. 

18 (2) Ascertaining what health and developmental 

19 services the family receives and working with these 

20 providers to eliminate gaps in service by offering an21 nual health, vision, hearing, and developmental 

22 screening for children from birth to entry into kin23 dergarten, when not otherwise provided. 

24 (3) Providing referrals for participating eligible 

25 families with English language learners, as needed, 


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1 to additional resources available in the community, 

2 such as center-based early education programs, child 

3 care services, health or mental health services, fam4 ily literacy programs, employment agencies, social 

5 services, and child care resource and referral agen6 cies. 

7 (4) Offering group meetings (at program dis8 cretion), on not less frequently than a monthly basis, 

9 for eligible families with English language learners 

10 that— 

11 (A) further enhance the information, ac12 tivities, and skill-building addressed during 

13 home visitation; 

14 (B) offer opportunities for parents to meet 

15 with and support each other; and 

16 (C) address challenges facing eligible fami17 lies with English language learners. 

18 (5) Providing training and technical assistance 

19 to early childhood home visitation staff relating to— 

20 (A) effective service to eligible families 

21 with English language learners, including skills 

22 to address challenges facing English language 

23 learners; 

24 (B) effective methods of implementing par25 ent education, conducting home visiting, and 


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1 promoting quality early childhood development, 

2 with sensitivity to cultural variations in par3 enting norms and attitudes toward formal sup4 port services; 

5 (C) the relationship of health and well6 being of pregnant women to prenatal and early 

7 child development; 

8 (D) early childhood development with re9 spect to children from birth until entry into kin10 dergarten; 

11 (E) methods to help parents promote 

12 emergent literacy in their children from birth 

13 until entry into kindergarten; 

14 (F) implementing strategies for helping eli15 gible families with English language learners 

16 coping with a crisis; 

17 (G) recruiting, supervising, and retaining 

18 qualified staff; 

19 (H) increasing services for underserved eli20 gible families with English language learners; 

21 (I) methods to help parents effectively re22 spond to their children’s needs and behaviors; 

23 (J) implementation of ongoing program 

24 quality improvement and evaluation of activities 

25 and outcomes; and 


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1 (K) the relationship of father involvement 

2 to the health and well-being of pregnant women 

3 and to prenatal and early childhood develop4 ment. 

5 (6) Coordinating existing programs of early 

6 childhood home visitation in order to effectively and 

7 efficiently meet the needs of more eligible families 

8 with English language learners. 

9 (f) REPORTING REQUIREMENTS.—Each applicant 

10 that receives a grant under this section to carry out a pro11 gram shall submit an annual report to the Secretary, and 

12 the lead State agency as described in section 204(c)(1), 

13 regarding the progress of such program in addressing the 

14 purposes of this subtitle. Such report shall include, at a 

15 minimum, a description of— 

16 (1) actual service delivery provided under the 

17 grant including— 

18 (A) program characteristics including de19 scriptive information on the service model used 

20 and actual program performance; 

21 (B) provider characteristics including staff 

22 qualifications, work experience, and demo23 graphic characteristics; 


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1 (C) recipient characteristics including 

2 number, demographic characteristics, and rates 

3 of family retention in programs; and 

4 (D) an estimate of annual program imple5 mentation costs; 

6 (2) recipient outcomes that are consistent with 

7 program goals including, where appropriate given 

8 the program being evaluated— 

9 (A) parental practices; 

10 (B) child health and development indica11 tors; 

12 (C) child maltreatment indicators; 

13 (D) school readiness indicators; and 

14 (E) links to community services; 

15 (3) the research-based instruction, materials, 

16 and activities being used in the activities funded 

17 under the grant; and 

18 (4) the training and technical assistance, in19 cluding ongoing professional development, provided 

20 to programs supported under the grant. 

21 (g) SUPPLEMENT NOT SUPPLANT.—Grant funds 

22 provided under this section shall be used to supplement, 

23 and not supplant, Federal and non-Federal funds available 

24 for carrying out the activities described in this section. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $20,000,000 for fiscal year 2010 and such sums for fiscal 

4 years 2011 through 2014. 

5 SEC. 206. TARGETED GRANTS FOR EARLY CHILDHOOD 

6 HOME VISITATION FOR MILITARY FAMILIES. 

7 (a) IN GENERAL.—The Secretary of Defense, in con8 sultation with the Secretary of Education and the Sec9 retary of Health and Human Services, shall make grants, 

10 on a competitive basis, to eligible applicants to enable such 

11 applicants to support and expand efforts to deliver services 

12 through high quality programs of early childhood home 

13 visitation to eligible families with a family member in the 

14 Armed Forces. 

15 (b) ELIGIBLE APPLICANT.—In this section, the term 

16 ‘‘eligible applicant’’ means any of the following: 

17 (1) A local educational agency that receives 

18 payments under title VIII of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 7701 

20 et seq.). 

21 (2) A school of the defense dependents’ edu22 cation system under the Defense Dependents’ Edu23 cation Act of 1978 (20 U.S.C. 921 et seq.). 

24 (3) A school established under section 2164 of 

25 title 10, United States Code. 


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1 (4) A community-based organization serving 

2 families with a family member in the Armed Forces. 

3 (c) APPLICATIONS.—An eligible applicant that de4 sires to receive a grant under this section shall submit an 

5 application to the Secretary of Defense at such time, in 

6 such manner, and containing such information as the Sec7 retary of Defense may require. The application shall in8 clude a description of— 

9 (1) the results of a communitywide needs as10 sessment that demonstrates the need for services to 

11 eligible families with a family member in the Armed 

12 Forces and describes— 

13 (A) community demographics; 

14 (B) the quality and capacity of existing 

15 programs of early childhood home visitation for 

16 eligible families with a family member in the 

17 Armed Forces; 

18 (C) the gaps in programs of early child19 hood home visitation for eligible families with a 

20 family member in the Armed Forces; and 

21 (D) the type of program of early childhood 

22 home visitation necessary to address the gaps 

23 identified; 


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1 (2) the program of early childhood home visita2 tion that will be supported by the grant under this 

3 section; 

4 (3) how the proposed program of early child5 hood home visitation will promote positive parenting 

6 skills and children’s early learning and development; 

7 (4) how the proposed program of early child8 hood home visitation will incorporate the authorized 

9 activities described in subsection (f); 

10 (5) how services provided through a grant 

11 under this section will use materials that are appro12 priate toward eligible families with a family member 

13 in the Armed Forces; 

14 (6) how the activities under this section will 

15 build on and promote coordination with existing pro16 grams of early childhood home visitation, if such 

17 programs exist in the community, in an effort to 

18 promote an array of home visitation that ensures 

19 more eligible families with a family member in the 

20 Armed Forces are being served and are getting the 

21 most appropriate services to meet their needs; 

22 (7) how the program will ensure that— 

23 (A) where appropriate to the program 

24 goals of the home visiting model, families par25 ticipating in early childhood home visitation 


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1 programs with a family member in the Armed 

2 Forces will be introduced to and connected with 

3 their local schools to encourage ongoing paren4 tal involvement in their children’s education; 

5 and 

6 (B) the activities under this section will 

7 support the preparation of children for school; 

8 (8) how channels of communication will be es9 tablished between staff of programs of early child10 hood home visitation and staff of other early child11 hood education programs, such as Head Start pro12 grams carried out under the Head Start Act (42 

13 U.S.C. 9831 et seq.) and Early Head Start pro14 grams carried out under section 645A of such Act, 

15 preschool programs, family support programs, and 

16 child care programs, to facilitate the coordination of 

17 services for eligible families with a family member in 

18 the Armed Forces; 

19 (9) how eligible families with a family member 

20 in the Armed Forces will be recruited and retained 

21 to receive services under this section; 

22 (10) how training and technical assistance will 

23 be provided to help programs of early childhood 

24 home visitation involved in activities under this secVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 tion to more effectively serve eligible families with a 

2 family member in the Armed Forces; 

3 (11) how the eligible applicant will evaluate the 

4 activities supported under this section in order to 

5 demonstrate outcomes related to the— 

6 (A) number of eligible families with a fam7 ily member in the Armed Forces served by pro8 grams of early childhood home visitation; 

9 (B) parental knowledge of early learning 

10 and development; 

11 (C) positive parenting practices related to 

12 early learning and development; and 

13 (D) children’s cognitive, language, social14 emotional, and physical development; 

15 (12) how the proposed program will conduct 

16 outreach activities to target both mothers and fa17 thers and increase father involvement where safe 

18 and appropriate; and 

19 (13) such other information as the Secretary of 

20 Defense may require. 

21 (d) APPROVAL OF LOCAL APPLICATIONS.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 shall select applicants for funding under this section 

24 based on the quality of the applications and the recVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 ommendations of a peer review panel, as described 

2 in paragraph (2). 

3 (2) PEER REVIEW PANEL.—The peer review 

4 panel shall include not fewer than— 

5 (A) 2 individuals who are experts in the 

6 field of home visitation; 

7 (B) 2 individuals who are experts in early 

8 childhood development; 

9 (C) 2 individuals who are experts in family 

10 support for military families; 

11 (D) 1 individual who is a board certified 

12 pediatrician or developmental pediatrician; and 

13 (E) 1 individual with expertise in admin14 istering public or private (including community15 based) child maltreatment prevention programs. 

16 (e) AUTHORIZED ACTIVITIES.—Each eligible appli17 cant that receives a grant under this section shall carry 

18 out the following activities: 

19 (1) Providing to as many eligible families with 

20 a family member in the Armed Forces as prac21 ticable, voluntary early childhood home visitation, on 

22 not less frequently than a monthly basis, through 

23 the implementation of quality programs of early 

24 childhood home visitation that are research-based 

25 and that provide parents with— 


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1 (A) knowledge of age-appropriate child de2 velopment in cognitive, language, social-emo3 tional, and motor domains; 

4 (B) knowledge of realistic expectations of 

5 age-appropriate child behaviors; 

6 (C) knowledge of health and wellness 

7 issues for children and parents; 

8 (D) modeling, consulting, and coaching on 

9 parenting practices; 

10 (E) skills to interact with their child to en11 hance age-appropriate development; 

12 (F) skills to recognize and seek help for 

13 issues related to health, developmental delays, 

14 and social, emotional, and behavioral skills; and 

15 (G) activities designed to help parents be16 come full partners in the education of their chil17 dren. 

18 (2) Ascertaining what health and developmental 

19 services the family receives and working with these 

20 providers to eliminate gaps in service by offering an21 nual health, vision, hearing, and developmental 

22 screening for children from birth to entry into kin23 dergarten, when not otherwise provided. 

24 (3) Providing referrals for participating eligible 

25 families with a family member in the Armed Forces, 


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1 as needed, to additional resources available in the 

2 community, such as center-based early education 

3 programs, child care services, health or mental 

4 health services, family literacy programs, employ5 ment agencies, social services, and child care re6 source and referral agencies. 

7 (4) Offering group meetings (at program dis8 cretion), on not less frequently than a monthly basis, 

9 for eligible families with a family member in the 

10 Armed Forces that— 

11 (A) further enhance the information, ac12 tivities, and skill-building addressed during 

13 home visitation; 

14 (B) offer opportunities for parents to meet 

15 with and support each other; and 

16 (C) address challenges facing eligible fami17 lies with a family member in the Armed Forces. 

18 (5) Providing training and technical assistance 

19 to early childhood home visitation staff relating to— 

20 (A) effective service to eligible families 

21 with a family member in the Armed Forces; 

22 (B) effective methods of implementing par23 ent education, conducting home visiting, and 

24 promoting quality early childhood development, 

25 with sensitivity to cultural variations in parVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 enting norms and attitudes toward formal sup2 port services; 

3 (C) the relationship of health and well4 being of pregnant women to prenatal and early 

5 child development; 

6 (D) early childhood development with re7 spect to children from birth until entry into kin8 dergarten; 

9 (E) methods to help parents promote 

10 emergent literacy in their children from birth 

11 until entry into kindergarten; 

12 (F) implementing strategies for helping eli13 gible families with a family member in the 

14 Armed Forces coping with crisis; 

15 (G) recruiting, supervising, and retaining 

16 qualified staff; 

17 (H) increasing services for underserved eli18 gible families with a family member in the 

19 Armed Forces; 

20 (I) methods to help parents effectively re21 spond to their children’s needs and behaviors; 

22 (J) implementation of ongoing program 

23 quality improvement and evaluation of activities 

24 and outcomes; and 


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1 (K) the relationship of father involvement 

2 to the health and well-being of pregnant women 

3 and to prenatal and early childhood develop4 ment. 

5 (6) Coordinating existing programs of early 

6 childhood home visitation in order to effectively and 

7 efficiently meet the needs of more eligible families 

8 with a family member in the Armed Forces. 

9 (f) REPORTING REQUIREMENTS.—Each applicant 

10 that receives a grant under this section to carry out a pro11 gram shall submit an annual report to the Secretary, and 

12 the lead State agency as described in section 204(c)(1), 

13 regarding the progress of such program in addressing the 

14 purposes of this subtitle. Such report shall include, at a 

15 minimum, a description of— 

16 (1) actual service delivery provided under the 

17 grant including— 

18 (A) program characteristics including de19 scriptive information on the service model used 

20 and actual program performance; 

21 (B) provider characteristics including staff 

22 qualifications, work experience, and demo23 graphic characteristics; 


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1 (C) recipient characteristics including 

2 number, demographic characteristics, and fam3 ily retention; and 

4 (D) an estimate of annual program imple5 mentation costs; 

6 (2) recipient outcomes that are consistent with 

7 program goals including, where appropriate given 

8 the program being evaluated— 

9 (A) parental practices; 

10 (B) child health and development indica11 tors; 

12 (C) child maltreatment indicators; 

13 (D) school readiness indicators; and 

14 (E) links to community services; 

15 (3) the research-based instruction, materials, 

16 and activities being used in the activities funded 

17 under the grant; and 

18 (4) the training and technical assistance, in19 cluding ongoing professional development, provided 

20 to programs supported under the grant. 

21 (g) SUPPLEMENT NOT SUPPLANT.—Grant funds 

22 provided under this section shall be used to supplement, 

23 and not supplant, Federal and non-Federal funds available 

24 for carrying out the activities described in this section. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $20,000,000 for fiscal year 2010 and such sums as may 

4 be necessary for fiscal years 2011 through 2014. 

5 SEC. 207. EVALUATION. 

6 (a) IN GENERAL.—From funds reserved under sec7 tion 204(b)(1)(A), the Secretary shall conduct, through 

8 grant or contract, an independent evaluation of the effec9 tiveness of home visitation programs carried out under 

10 this subtitle. 

11 (b) REPORTS.— 

12 (1) INTERIM REPORT.—Not later than 2 years 

13 after the date of enactment of this subtitle, the Sec14 retary shall submit an interim report on the evalua15 tion conducted pursuant to subsection (a) to the 

16 Committee on Health, Education, Labor, and Pen17 sions of the Senate and the Committee on Education 

18 and Labor of the House of Representatives. 

19 (2) FINAL REPORT.—Not later than 4 years 

20 after the date of enactment of this subtitle, the Sec21 retary shall submit a final report on the evaluation 

22 conducted pursuant to subsection (a) to the commit23 tees described in paragraph (1). 

24 (c) STUDY.—The independent evaluation conducted 

25 under this section shall examine the following: 


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1 (1) The effect of home visiting programs on 

2 child and parent outcomes, consistent with program 

3 goals, including, where appropriate given the pro4 gram being evaluated, parental outcomes related to 

5 child health and development, parenting practices, 

6 child health and development, child maltreatment, 

7 school readiness, and links to community services. 

8 (2) The effectiveness of early childhood home 

9 visitation on different populations, including the ex10 tent to which variability exists in program ability to 

11 improve outcomes across programs and populations. 

12 SEC. 208. REPORTS TO CONGRESS. 

13 (a) IN GENERAL.—The Secretary shall annually pro14 vide a report to the Committee on Education and Labor 

15 in the House of Representatives and the Committee on 

16 Health, Education, Labor, and Pensions in the Senate, in17 formation on the activities carried out under this subtitle. 

18 (b) CONTENT.—The reports submitted under this 

19 section shall, at a minimum, include information about the 

20 programs carried out under this subtitle, including infor21 mation on the following: 

22 (1) descriptions of the high need communities 

23 targeted by States for programs carried out under 

24 this subtitle; 


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1 (2) the service delivery models funded under 

2 this subtitle; 

3 (3) program characteristics, including— 

4 (A) staff qualifications and demographic 

5 characteristics; and 

6 (B) recipient characteristics including the 

7 number of families served, the demographic 

8 characteristics of the families served, and fam9 ily retention and duration of services; 

10 (4) program-reported outcomes; 

11 (5) the findings from State evaluations; 

12 (6) the research-based instruction, materials, 

13 and activities being used in the activities funded 

14 under the grant; 

15 (7) the training and technical activities, includ16 ing ongoing professional development, provided to 

17 programs; and 

18 (8) the annual program implementation costs, 

19 including the cost per family served under the pro20 gram. 

21 SEC. 209. SUPPORTING NEW PARENTS THROUGH HOSPITAL 

22 EDUCATION. 

23 (a) IN GENERAL.—The Secretary shall develop and 

24 implement a public information and educational campaign 

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1 tance of proper care for infants and children under 5 years 

2 of age, including healthy parent-child relationships, the de3 mands and stress associated with caring for infants, posi4 tive responses to infants’ challenging behaviors including 

5 awareness of their social, emotional, and physical needs, 

6 awareness of the vulnerability of young children to abusive 

7 practices, and the signs and treatment of post-partum de8 pression. 

9 (b) ELEMENTS.— 

10 (1) IN GENERAL.—The campaign developed 

11 under subsection (a) shall include the following ele12 ments: 

13 (A) The dissemination of educational and 

14 informational materials in print, audio, video, 

15 electronic, and other media. 

16 (B) The use of public service announce17 ments and advertisements. 

18 (C) The dissemination of effective child 

19 abuse prevention practices and techniques, in20 cluding information about research-based home 

21 visiting programs, respite care, crisis nurseries, 

22 and parent support networks, to parents, care23 givers, maternity hospitals, children’s hospitals, 

24 pediatricians, child care centers, organizations 

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1 ganizations providing parenting education and 

2 support services. 

3 (D) Connection to existing parental in4 volvement programs. 

5 (2) EXISTING PROGRAMS.—The Secretary, in 

6 implementing and executing the public information 

7 and educational campaign under this section, should 

8 seek collaboration with and referrals to existing pa9 rental involvement programs that specialize in 

10 strengthening children’s cognitive skills, early lit11 eracy skills, social or emotional and physical develop12 ment and existing prenatal and early childhood home 

13 visitation programs. 

14 (3) EXISTING STATE REQUIREMENTS.—The 

15 Secretary, in implementing and executing the public 

16 information and educational campaign under this 

17 section, shall consider with pre-existing State re18 quirements to ensure that no unnecessary burdens 

19 are placed on hospitals, military hospitals, and birth 

20 centers receiving educational materials. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 such sums as may be necessary for fiscal years 2010 

24 through 2014. 


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1 Subtitle B—Care for Young 

2 Children 

3 SEC. 215. EXPANDING CHILD CARE FOR YOUNG CHILDREN. 

4 (a) GOALS.—Section 658A(b) of the Child Care and 

5 Development Block Grant Act of 1990 (42 U.S.C. 9801 

6 note) is amended— 

7 (1) in paragraph (4), by striking ‘‘and’’; 

8 (2) in paragraph (5), by striking the period and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(6) to assist States in improving child care 

12 services for young children.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 658B of the Child Care and Development Block Grant Act 

15 of 1990 (42 U.S.C. 9858) is amended— 

16 (1) by striking ‘‘There’’ and inserting ‘‘(a) In 

17 General.—There’’; and 

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

19 ‘‘(b) CHILD CARE ACTIVITIES FOR YOUNG CHIL20 DREN.—In addition to amounts appropriated under sub21 section (a), there is authorized to be appropriated to carry 

22 out child care activities for young children under this sub23 chapter $500,000,000 for each of the fiscal years 2008, 

24 2009, and 2010.’’. 


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1 (c) CHILD CARE ACTIVITIES FOR YOUNG CHIL2 DREN.—The Child Care and Development Block Grant 

3 Act of 1990 (42 U.S.C. 9801 et seq.) is amended by in4 serting after section 658G the following: 

5 ‘‘SEC. 658H. CHILD CARE ACTIVITIES FOR YOUNG CHIL6 DREN. 

7 ‘‘Child care activities for young children for which 

8 funds under this subchapter may be used include activities 

9 that are designed to accomplish the following: 

10 ‘‘(1) Increase the availability of child care serv11 ices for young children with disabilities. 

12 ‘‘(2) Provide support services for networks of 

13 family child care providers. 

14 ‘‘(3) Provide or support programs that provide 

15 training, services, materials, equipment, or other 

16 support to caregivers, eligible child care providers, 

17 and family child care providers that provide child 

18 care to young children. Such support may include 

19 the purchase of equipment such as cribs and high 

20 chairs. 

21 ‘‘(4) Provide funds to increase compensation of22 fered and provide bonuses to caregivers, eligible 

23 child care providers, and family child care providers 

24 who provide child care to children under the age of 

25 3 years, especially those caregivers and providers 


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1 who have formal education in early childhood devel2 opment. 

3 ‘‘(5) Provide and support networks between 

4 health care providers and caregivers, eligible child 

5 care providers, and family child care providers that 

6 provide child care to young children. 

7 ‘‘(6) Provide child care services for young chil8 dren who are enrolled in Head Start programs under 

9 the Head Start Act (42 U.S.C. 9831 et seq.).’’. 

10 (d) DEFINITIONS.—Section 658P of the Child Care 

11 and Development Block Grant Act of 1990 (42 U.S.C. 

12 9858n) is amended by adding at the end the following: 

13 ‘‘(15) YOUNG CHILDREN.—The term ‘young 

14 children’ means eligible children who are less than 3 

15 years of age.’’. 

16 Subtitle C—Improving Child Care 

17 Quality Through Teacher Incen18 tives 

19 SEC. 221. PURPOSE. 

20 The purposes of this subtitle are— 

21 (1) to establish the Child Care Provider Devel22 opment and Retention Grant Program, the Child 

23 Care Provider Scholarship Program, and a program 

24 of child care provider health benefits coverage; and 


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1 (2) to help children receive the high quality 

2 child care and early education the children need for 

3 positive cognitive and social development, by reward4 ing and promoting the retention of committed, quali5 fied child care providers and by providing financial 

6 assistance to improve the educational qualifications 

7 of child care providers. 

8 SEC. 222. DEFINITIONS. 

9 In this subtitle: 

10 (1) CHILD CARE PROVIDER.—The term ‘‘child 

11 care provider’’ means an individual who provides a 

12 service directly to a child on a person-to-person basis 

13 for compensation for— 

14 (A) a center-based child care provider that 

15 is licensed or regulated under State or local law 

16 and that satisfies the State and local require17 ments applicable to the child care services pro18 vided; 

19 (B) a licensed or regulated family child 

20 care provider that satisfies the State and local 

21 requirements applicable to the child care serv22 ices provided; or 

23 (C) an out-of-school time program that is 

24 licensed or regulated under State or local law 

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1 ments applicable to the child care services pro2 vided. 

3 (2) FAMILY CHILD CARE PROVIDER.—The term 

4 ‘‘family child care provider’’ has the meaning given 

5 such term in section 658P of the Child Care and 

6 Development Block Grant Act of 1990 (42 U.S.C. 

7 9858n). 

8 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

9 has the meaning given such term in section 4 of the 

10 Indian Self-Determination and Education Assistance 

11 Act (25 U.S.C. 450b). 

12 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 

13 means the agency designated under section 658D of 

14 the Child Care and Development Block Grant Act of 

15 1990 (42 U.S.C. 9858b). 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Health and Human Services. 

18 (6) STATE.—The term ‘‘State’’ means any of 

19 the several States, the District of Columbia, the 

20 Commonwealth of Puerto Rico, the Virgin Islands of 

21 the United States, Guam, American Samoa, or the 

22 Commonwealth of the Northern Mariana Islands. 

23 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal 

24 organization’’ has the meaning given the term in 


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1 section 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450b). 

3 SEC. 223. FUNDS FOR CHILD CARE PROVIDER DEVELOP4 MENT AND RETENTION GRANTS, SCHOLAR5 SHIPS, AND HEALTH BENEFITS COVERAGE. 

6 (a) IN GENERAL.—From amounts appropriated to 

7 carry out this subtitle, the Secretary may allot and dis8 tribute funds to eligible States, and make payments to In9 dian tribes and tribal organizations, to pay for the Federal 

10 share of the cost of carrying out activities under sections 

11 226, 227, and 228 for eligible child care providers. 

12 (b) ALLOTMENTS.—The funds shall be allotted and 

13 distributed, and the payments shall be made, by the Sec14 retary in accordance with section 224, and expended by 

15 the States (directly, or at the option of the States, through 

16 units of general purpose local government), and by Indian 

17 tribes and tribal organizations, in accordance with this 

18 subtitle. 

19 SEC. 224. ALLOTMENTS TO STATES. 

20 (a) AMOUNTS RESERVED.— 

21 (1) TERRITORIES AND POSSESSIONS.—The Secretary shall reserve not more than 1 22 ⁄2 of 1 percent 

23 of the funds appropriated under section 231(a), and 

not more than 1 24 ⁄2 of 1 percent of the funds appro25 priated under section 232(b), for any fiscal year for 


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1 payments to the Virgin Islands of the United States, 

2 Guam, American Samoa, and the Commonwealth of 

3 the Northern Mariana Islands, to be allotted in ac4 cordance with their respective needs. 

5 (2) INDIAN TRIBES AND TRIBAL ORGANIZA6 TIONS.—The Secretary shall reserve not more than 

7 3 percent of the funds appropriated under section 

8 231(a), and not more than 3 percent of the funds 

9 appropriated under section 231(b), for any fiscal 

10 year for payments to Indian tribes and tribal organi11 zations with applications approved under subsection 

12 (c). 

13 (b) ALLOTMENTS TO REMAINING STATES.— 

14 (1) GENERAL AUTHORITY.—From the funds 

15 appropriated under section 231(a) for any fiscal year 

16 and remaining after the reservations made under 

17 subsection (a), and from the funds appropriated 

18 under section 231(b) for any fiscal year and remain19 ing after the reservations made under subsection (a), 

20 the Secretary shall allot to each State an amount 

21 equal to the sum of— 

22 (A) an amount that bears the same ratio 

23 to 50 percent of the appropriate remainder as 

24 the product of the young child factor of the 

25 State and the allotment percentage of the State 


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1 bears to the sum of the corresponding products 

2 for all States; and 

3 (B) an amount that bears the same ratio 

4 to 50 percent of such remainder as the product 

5 of the school lunch factor of the State and the 

6 allotment percentage of the State bears to the 

7 sum of the corresponding products for all 

8 States. 

9 (2) YOUNG CHILD FACTOR.—In this subsection, 

10 the term ‘‘young child factor’’ means the ratio of the 

11 number of children under 5 years of age in the State 

12 to the number of such children in all the States, as 

13 determined according to the most recent annual esti14 mates of population in the States, as provided by the 

15 Bureau of the Census. 

16 (3) SCHOOL LUNCH FACTOR.—In this sub17 section, the term ‘‘school lunch factor’’ means the 

18 ratio of the number of children who are receiving 

19 free or reduced price lunches under the school lunch 

20 program established under the Richard B. Russell 

21 National School Lunch Act (42 U.S.C. 1751 et seq.) 

22 in the State to the number of such children in all 

23 the States, as determined annually by the Depart24 ment of Agriculture. 

25 (4) ALLOTMENT PERCENTAGE.— 


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

2 subparagraph (B), for purposes of this sub3 section, the allotment percentage for a State 

4 shall be determined by dividing the per capita 

5 income of all individuals in the United States, 

6 by the per capita income of all individuals in 

7 the State. 

8 (B) LIMITATIONS.—For purposes of this 

9 subsection, if an allotment percentage deter10 mined under subparagraph (A)— 

11 (i) is more than 1.2 percent, the allot12 ment percentage of that State shall be con13 sidered to be 1.2 percent; and 

14 (ii) is less than 0.8 percent, the allot15 ment percentage of the State shall be con16 sidered to be 0.8 percent. 

17 (C) PER CAPITA INCOME.—For purposes 

18 of subparagraph (A), per capita income shall 

19 be— 

20 (i) determined at 2-year intervals; 

21 (ii) applied for the 2-year period be22 ginning on October 1 of the first fiscal 

23 year beginning after the date such deter24 mination is made; and 


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1 (iii) equal to the average of the an2 nual per capita incomes for the most re3 cent period of 3 consecutive years for 

4 which satisfactory data are available from 

5 the Department of Commerce at the time 

6 such determination is made. 

7 (c) PAYMENTS TO INDIAN TRIBES AND TRIBAL OR8 GANIZATIONS.— 

9 (1) RESERVATION OF FUNDS.—From amounts 

10 reserved under subsection (a)(2), the Secretary may 

11 make grants to or enter into contracts with Indian 

12 tribes and tribal organizations that submit applica13 tions under this subsection, to plan and carry out 

14 programs and activities— 

15 (A) to encourage child care providers to 

16 improve their qualifications; 

17 (B) to retain qualified child care providers 

18 in the child care field; and 

19 (C) to provide health benefits coverage for 

20 child care providers. 

21 (2) APPLICATIONS AND REQUIREMENTS.—To 

22 be eligible to receive a grant or contract under this 

23 subsection, an Indian tribe or tribal organization 

24 shall submit an application to the Secretary at such 

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1 tion as the Secretary may require. The application 

2 shall provide that the applicant— 

3 (A) will coordinate the programs and ac4 tivities involved, to the maximum extent prac5 ticable, with the lead agency in each State in 

6 which the applicant will carry out such pro7 grams and activities; and 

8 (B) will make such reports on, and conduct 

9 such audits of the funds made available through 

10 the grant or contract for, programs and activi11 ties under this subtitle as the Secretary may re12 quire. 

13 (d) DATA AND INFORMATION.—The Secretary shall 

14 obtain from each appropriate Federal agency, the most re15 cent data and information necessary to determine the al16 lotments provided for in subsection (b). 

17 (e) REALLOTMENTS.— 

18 (1) IN GENERAL.—Any portion of an allotment 

19 under subsection (b) to a State for a fiscal year that 

20 the Secretary determines will not be distributed to 

21 the State for such fiscal year shall be reallotted by 

22 the Secretary to other States in proportion to the 

23 original corresponding allotments made under such 

24 subsection to such States for such fiscal year. 

25 (2) LIMITATIONS.— 


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1 (A) REDUCTION.—The amount of any re2 allotment to which a State is entitled under this 

3 subsection shall be reduced to the extent that 

4 such amount exceeds the amount that the Sec5 retary estimates will be distributed to the State 

6 to carry out corresponding activities under this 

7 subtitle. 

8 (B) REALLOTMENTS.—The amount of 

9 such reduction shall be reallotted to States for 

10 which no reduction in a corresponding allot11 ment, or in a corresponding reallotment, is re12 quired by this subsection, in proportion to the 

13 original corresponding allotments made under 

14 subsection (b) to such States for such fiscal 

15 year. 

16 (3) AMOUNTS REALLOTTED.—For purposes of 

17 this subtitle (other than this subsection and sub18 section (b)), any amount reallotted to a State under 

19 this subsection shall be considered to be part of the 

20 corresponding allotment made under subsection (b) 

21 to the State. 

22 (4) INDIAN TRIBES OR TRIBAL ORGANIZA23 TIONS.—Any portion of a grant or contract made to 

24 an Indian tribe or tribal organization under sub25 section (c) that the Secretary determines is not 


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1 being used in a manner consistent with the provi2 sions of this subtitle in the period for which the 

3 grant or contract is made available, shall be used by 

4 the Secretary to make payments to other tribes or 

5 organizations that have submitted applications under 

6 subsection (c) in accordance with their respective 

7 needs. 

8 (f) COST-SHARING.— 

9 (1) CHILD CARE PROVIDER DEVELOPMENT AND

10 RETENTION GRANTS AND SCHOLARSHIPS.— 

11 (A) FEDERAL SHARE.—The Federal share 

12 of the cost of carrying out activities under sec13 tions 226 and 227, with funds allotted under 

14 this section and distributed by the Secretary to 

15 a State, shall be— 

16 (i) not more than 90 percent of the 

17 cost of each grant made under such sec18 tions, in the first fiscal year for which the 

19 State receives such funds; 

20 (ii) not more than 85 percent of the 

21 cost of each grant made under such sec22 tions, in the second fiscal year for which 

23 the State receives such funds; 

24 (iii) not more than 80 percent of the 

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1 tions, in the third fiscal year for which the 

2 State receives such funds; and 

3 (iv) not more than 75 percent of the 

4 cost of each grant made under such sec5 tions, in any subsequent fiscal year for 

6 which the State receives such funds. 

7 (B) NON-FEDERAL SHARE.— 

8 (i) IN GENERAL.—The State may pro9 vide the non-Federal share of the cost in 

10 cash or in the form of an in-kind contribu11 tion, fairly evaluated by the Secretary. 

12 (ii) IN-KIND CONTRIBUTION.—In this 

13 subparagraph, the term ‘‘in-kind contribu14 tion’’ means payment of the costs of par15 ticipation of eligible child care providers in 

16 health insurance programs or retirement 

17 programs. 

18 (2) CHILD CARE PROVIDER HEALTH BENEFITS

19 COVERAGE.— 

20 (A) FEDERAL SHARE.—The Federal share 

21 of the cost of carrying out activities under sec22 tion 228, with funds allotted under this section 

23 and distributed by the Secretary to a State, 

24 shall be not more than 50 percent of such cost. 


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1 (B) NON-FEDERAL SHARE.—The State 

2 may provide the non-Federal share of the cost 

3 in cash or in kind, fairly evaluated by the Sec4 retary, including plant, equipment, or services. 

5 The State shall provide the non-Federal share 

6 directly or through donations from public or 

7 private entities. Amounts provided by the Fed8 eral Government, or services assisted or sub9 sidized to any significant extent by the Federal 

10 Government, may not be included in deter11 mining the amount of such share. 

12 (g) AVAILABILITY OF ALLOTTED FUNDS DISTRIB13 UTED TO STATES.—Of the funds allotted under this sec14 tion for activities described in sections 226 and 227 and 

15 distributed by the Secretary to a State for a fiscal year— 

16 (1) not less than 67.5 percent shall be available 

17 to the State for grants under section 226; 

18 (2) not less than 22.5 percent shall be available 

19 to the State for grants under section 227; and 

20 (3) not more than 10 percent shall be available 

21 to pay administrative costs incurred by the State to 

22 carry out activities described in sections 226 and 

23 227. 

24 (h) DEFINITION.—For the purposes of subsections 

25 (a) through (e), the term ‘‘State’’ includes only the 50 


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1 States, the District of Columbia, and the Commonwealth 

2 of Puerto Rico. 

3 SEC. 225. APPLICATION AND PLAN. 

4 (a) APPLICATION.—To be eligible to receive a dis5 tribution of funds allotted under section 224, a State shall 

6 submit to the Secretary an application at such time, in 

7 such manner, and containing such information as the Sec8 retary may require by rule and shall include in such appli9 cation— 

10 (1) a State plan that satisfies the requirements 

11 of subsection (b); and 

12 (2) assurances of compliance satisfactory to the 

13 Secretary with respect to the requirements of section 

14 228. 

15 (b) REQUIREMENTS OF PLAN.— 

16 (1) LEAD AGENCY.—The State plan shall iden17 tify the lead agency to make grants under this sub18 title for the State. 

19 (2) RECRUITMENT AND RETENTION OF CHILD

20 CARE PROVIDERS.—The State plan shall describe 

21 how the lead agency will encourage both the recruit22 ment of qualified child care providers who are new 

23 to the child care field and the retention of qualified 

24 child care providers who have a demonstrated com25 mitment to the child care field. 


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1 (3) NOTIFICATION OF AVAILABILITY OF GRANTS

2 AND BENEFITS.—The State plan shall describe how 

3 the lead agency will identify all eligible child care 

4 providers in the State and notify the providers of the 

5 availability of grants and benefits under this sub6 title. 

7 (4) DISTRIBUTION OF GRANTS.—The State 

8 plan shall describe how the lead agency will make 

9 grants under sections 226 and 227 to eligible child 

10 care providers in selected geographical areas in the 

11 State in compliance with the following requirements: 

12 (A) SELECTION OF GEOGRAPHICAL

13 AREAS.—For the purpose of making such 

14 grants for a fiscal year, the State shall— 

15 (i) select a variety of geographical 

16 areas, determined by the State, that, col17 lectively— 

18 (I) include urban areas, suburban 

19 areas, and rural areas; and 

20 (II) are areas whose residents 

21 have diverse income levels; and 

22 (ii) give special consideration to geo23 graphical areas selected under this sub24 paragraph for the preceding fiscal year. 


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1 (B) SELECTION OF CHILD CARE PRO2 VIDERS TO RECEIVE GRANTS.—In making 

3 grants under section 226, the State may make 

4 grants only to eligible child care providers in 

5 geographical areas selected under subparagraph 

6 (A), but may give special consideration in such 

7 areas to eligible child care providers— 

8 (i) who have attained a higher rel9 evant educational credential; 

10 (ii) who provide a specific kind of 

11 child care services; 

12 (iii) who provide child care services to 

13 populations who meet specific economic 

14 characteristics; or 

15 (iv) who meet such other criteria as 

16 the State may establish. 

17 (C) LIMITATION.—The State shall describe 

18 how the State will ensure that grants made 

19 under section 226 to child care providers will 

20 not be used to offset reductions in the com21 pensation of such providers. 

22 (D) REPORTING REQUIREMENT.—With re23 spect to each particular geographical area se24 lected under subparagraph (A), the State shall 

25 provide an assurance that the State will, for 


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1 each fiscal year for which such State receives a 

2 grant under section 226— 

3 (i) include in the report required by 

4 section 229, detailed information regard5 ing— 

6 (I) the continuity of employment 

7 of the grant recipients as child care 

8 providers with the same employer; 

9 (II) with respect to each em10 ployer that employed such a grant re11 cipient, whether such employer was 

12 accredited by a recognized national or 

13 State accrediting body during the pe14 riod of employment; and 

15 (III) to the extent practicable 

16 and available to the State, the rate 

17 and frequency of employment turnover 

18 of qualified child care providers 

19 throughout such area, 

20 during the 2-year period ending on the 

21 deadline for submission of applications for 

22 grants under section 226 for that fiscal 

23 year; and 

24 (ii) provide a follow-up report, not 

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1 ceeding fiscal year that includes informa2 tion regarding— 

3 (I) the continuity of employment 

4 of the grant recipients as child care 

5 providers with the same employer; 

6 (II) with respect to each em7 ployer that employed such a grant re8 cipient, whether such employer was 

9 accredited by a recognized national or 

10 State accrediting body during the pe11 riod of employment; and 

12 (III) to the extent practicable 

13 and available to the State, detailed in14 formation regarding the rate and fre15 quency of employment turnover of 

16 qualified child care providers through17 out such area, 

18 during the 1-year period beginning on the 

19 date on which the grant to the State was 

20 made under section 226. 

21 (5) CHILD CARE PROVIDER DEVELOPMENT AND

22 RETENTION GRANT PROGRAM.—The State plan shall 

23 describe how the lead agency will determine the 

24 amounts of grants to be made under section 226 in 

25 accordance with the following requirements: 


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1 (A) SUFFICIENT AMOUNTS.—The State 

2 shall demonstrate that the amounts of indi3 vidual grants to be made under section 226 will 

4 be sufficient— 

5 (i) to encourage child care providers 

6 to improve their qualifications; and 

7 (ii) to retain qualified child care pro8 viders in the child care field. 

9 (B) AMOUNTS TO CREDENTIALED PRO10 VIDERS.—Such grants made to eligible child 

11 care providers who have a child development as12 sociate credential (or equivalent) and who are 

13 employed full-time to provide child care services 

14 shall be in an amount that is not less than 

15 $1,000 per year. 

16 (C) AMOUNTS TO PROVIDERS WITH HIGH17 ER LEVELS OF EDUCATION.—The State shall 

18 make such grants in amounts greater than 

19 $1,000 per year to eligible child care providers 

20 who have higher levels of education than the 

21 education required for a credential such as a 

22 child development associate credential (or equiv23 alent), according to the following requirements: 

24 (i) PROVIDERS WITH BACCALAUREATE

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1 ble child care provider who has a bacca2 laureate degree in the area of child devel3 opment or early child education shall re4 ceive a grant under section 226 in an 

5 amount that is not less than twice the 

6 amount of the grant that is made under 

7 section 226 to an eligible child care pro8 vider who has an associate of the arts de9 gree in the area of child development or 

10 early child education. 

11 (ii) PROVIDERS WITH ASSOCIATE DE12 GREES.—An eligible child care provider 

13 who has an associate of the arts degree in 

14 the area of child development or early child 

15 education shall receive a grant under sec16 tion 226 in an amount that is not less 

17 than 150 percent of the amount of the 

18 grant that is made under section 226 to an 

19 eligible child care provider who has a child 

20 development associate credential (or equiv21 alent) and is employed full-time to provide 

22 child care services. 

23 (iii) OTHER PROVIDERS WITH BACCA24 LAUREATE DEGREES.— 


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1 (I) IN GENERAL.—Except as pro2 vided in subclause (II), an eligible 

3 child care provider who has a bacca4 laureate degree in a field other than 

5 child development or early child edu6 cation shall receive a grant under sec7 tion 226 in an amount equal to the 

8 amount of the grant that is made 

9 under section 226 to an eligible child 

10 care provider who has an associate of 

11 the arts degree in the area of child de12 velopment or early child education. 

13 (II) EXCEPTION.—If an eligible 

14 child care provider who has such a 

15 baccalaureate degree obtains addi16 tional educational training in the area 

17 of child development or early child 

18 education, as specified by the State, 

19 such provider shall receive a grant 

20 under section 226 in an amount equal 

21 to the amount of the grant that is 

22 made under section 226 to an eligible 

23 child care provider who has a bacca24 laureate degree specified in clause (i). 


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1 (D) AMOUNTS TO FULL-TIME PRO2 VIDERS.—The State shall make a grant under 

3 section 226 to an eligible child care provider 

4 who works full-time in a greater amount than 

5 the amount of the grant that is made under 

6 section 226 to an eligible child care provider 

7 who works part-time, based on the State defini8 tions of full-time and part-time work. 

9 (E) AMOUNTS TO EXPERIENCED PRO10 VIDERS.—The State shall make grants under 

11 section 226 in progressively larger amounts to 

12 eligible child care providers to reflect the num13 ber of years worked as child care providers. 

14 (6) DISTRIBUTION OF CHILD CARE PROVIDER

15 SCHOLARSHIPS.—The State plan shall describe how 

16 the lead agency will make grants for scholarships in 

17 compliance with section 227 and shall specify the 

18 types of educational and training programs for 

19 which the scholarship grants made under such sec20 tion may be used, including only programs that— 

21 (A) are administered by institutions of 

22 higher education that are eligible to participate 

23 in student financial assistance programs under 

24 title IV of the Higher Education Act of 1965 

25 (20 U.S.C. 1070 et seq.); and 


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1 (B) lead to a State or nationally recog2 nized credential in the area of child develop3 ment or early child education, an associate of 

4 the arts degree in the area of child development 

5 or early child education, or a baccalaureate de6 gree in the area of child development or early 

7 child education. 

8 (7) EMPLOYER CONTRIBUTION.—The State 

9 plan shall describe how the lead agency will encour10 age employers of child care providers to contribute 

11 to the attainment of education goals by eligible child 

12 care providers who receive grants under section 227. 

13 (8) SUPPLEMENTATION.—The State plan shall 

14 provide assurances that amounts received by the 

15 State to carry out sections 226, 227, and 228 will 

16 be used only to supplement, and not to supplant, 

17 Federal, State, and local funds otherwise available to 

18 support existing services and activities (as of the 

19 date the amounts are used) that— 

20 (A) encourage child care providers to im21 prove their qualifications and that promote the 

22 retention of qualified child care providers in the 

23 child care field; or 

24 (B) provide health benefits coverage for 

25 child care providers. 


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1 SEC. 226. CHILD CARE PROVIDER DEVELOPMENT AND RE2 TENTION GRANT PROGRAM. 

3 (a) IN GENERAL.—A State that receives funds allot4 ted under section 224 and made available to carry out this 

5 section shall expend such funds to pay for the Federal 

6 share of the cost of making grants to eligible child care 

7 providers in accordance with this section, to improve the 

8 qualifications and promote the retention of qualified child 

9 care providers. 

10 (b) ELIGIBILITY TO RECEIVE GRANTS.—To be eligi11 ble to receive a grant under this section, a child care pro12 vider shall— 

13 (1) have a child development associate creden14 tial (or equivalent), an associate of the arts degree 

15 in the area of child development or early child edu16 cation, a baccalaureate degree in the area of child 

17 development or early child education, or a bacca18 laureate degree in an unrelated field; and 

19 (2) be employed as a child care provider for not 

20 less than 1 calendar year, or (if the provider is em21 ployed on the date of the eligibility determination in 

22 a child care program that operates for less than a 

23 full calendar year) the program equivalent of 1 cal24 endar year, ending on the date of the application for 

25 such grant, except that not more than 3 months of 

26 education related to child development or to early 


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1 child education obtained during the corresponding 

2 calendar year may be treated as employment that 

3 satisfies the requirements of this paragraph. 

4 (c) PRESERVATION OF ELIGIBILITY.—A State shall 

5 not take into consideration whether a child care provider 

6 is receiving, may receive, or may be eligible to receive any 

7 funds or benefits under any other provision of this subtitle 

8 for purposes of selecting eligible child care providers to 

9 receive grants under this section. 

10 SEC. 227. CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. 

11 (a) IN GENERAL.—A State that receives funds allot12 ted under section 224 and made available to carry out this 

13 section shall expend such funds to pay for the Federal 

14 share of the cost of making scholarship grants to eligible 

15 child care providers in accordance with this section, to im16 prove their educational qualifications to provide child care 

17 services. 

18 (b) ELIGIBILITY REQUIREMENT FOR SCHOLARSHIP

19 GRANTS.—To be eligible to receive a scholarship grant 

20 under this section, a child care provider shall be employed 

21 as a child care provider for not less than 1 calendar year, 

22 or (if the provider is employed on the date of the eligibility 

23 determination in a child care program that operates for 

24 less than a full calendar year) the program equivalent of 


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1 1 calendar year, ending on the date of the application for 

2 such grant. 

3 (c) SELECTION OF GRANTEES.—For purposes of se4 lecting eligible child care providers to receive scholarship 

5 grants under this section and determining the amounts of 

6 such grants, a State shall not— 

7 (1) take into consideration whether a child care 

8 provider is receiving, may receive, or may be eligible 

9 to receive any funds or benefits under any other pro10 vision of this subtitle, or under any other Federal or 

11 State law that provides funds for educational pur12 poses; or 

13 (2) consider as resources of such provider any 

14 funds such provider is receiving, may receive, or may 

15 be eligible to receive under any other provision of 

16 this subtitle, under any other Federal or State law 

17 that provides funds for educational purposes, or 

18 from a private entity. 

19 (d) COST-SHARING REQUIRED.—The amount of a 

20 scholarship grant made under this section to an eligible 

21 child care provider shall be less than the cost of the edu22 cational or training program for which such grant is made. 

23 (e) ANNUAL MAXIMUM SCHOLARSHIP GRANT

24 AMOUNT.—The maximum aggregate dollar amount of a 


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1 scholarship grant made by a State to an eligible child care 

2 provider under this section in a fiscal year shall be $1,500. 

3 SEC. 228. CHILD CARE PROVIDER HEALTH BENEFITS COV4 ERAGE. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Healthy Early Education Workforce Grant Program 

7 Act’’. 

8 (b) DEFINITION.—In this section, the terms ‘‘depend9 ent’’, ‘‘domestic partner’’, and ‘‘spouse’’, used with respect 

10 to a State, have the meanings given the terms by the 

11 State. 

12 (c) GENERAL AUTHORITY.—A State that receives 

13 funds allotted under section 224 and made available to 

14 carry out this section shall expend such funds to pay for 

15 the Federal share of the cost of providing access to afford16 able health benefits coverage for— 

17 (1) eligible child care providers; and 

18 (2) at the discretion of the State involved, the 

19 spouses, domestic partners, and dependents of such 

20 providers. 

21 (d) PERMISSIBLE ACTIVITIES.—In carrying out sub22 section (c), the State may expend such funds for any of 

23 the following: 

24 (1) To reimburse an employer of an eligible 

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1 er’s or provider’s share (or a portion of the share) 

2 of the premiums or other costs for coverage under 

3 group or individual health plans. 

4 (2) To offset the cost of enrolling eligible child 

5 care providers in public health benefits plans, such 

6 as the medicaid program under title XIX of the So7 cial Security Act (42 U.S.C. 1396 et seq.), the State 

8 children’s health insurance program under title XXI 

9 of such Act (42 U.S.C. 1397aa et seq.), or public 

10 employee health benefit plans. 

11 (3) To otherwise subsidize the cost of health 

12 benefits coverage for eligible child care providers. 

13 (e) ELIGIBILITY CRITERIA FOR HEALTH BENEFITS

14 COVERAGE.—The State may establish criteria to limit the 

15 child care providers who may receive benefits through the 

16 allotment. 

17 (f) SELECTION OF GRANTEES.—For purposes of se18 lecting eligible child care providers to receive benefits 

19 under this section for a fiscal year, a State shall give— 

20 (1) highest priority to— 

21 (A) providers that meet any applicable cri22 teria established in accordance with subsection 

23 (e) and received such assistance during the pre24 vious fiscal year; and 


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1 (B) at the State’s discretion, the spouses, 

2 domestic partners, and dependents of such pro3 viders; and 

4 (2) second highest priority to— 

5 (A) providers that meet any applicable cri6 teria established in accordance with subsection 

7 (e) and are accredited by the National Associa8 tion for the Education of Young Children or the 

9 National Association for Family Child Care; 

10 and 

11 (B) at the State’s discretion, the spouses, 

12 domestic partners, and dependents of such pro13 viders. 

14 SEC. 229. ANNUAL REPORT. 

15 A State that receives funds appropriated to carry out 

16 this subtitle for a fiscal year shall submit to the Secretary, 

17 not later than 90 days after the end of such fiscal year, 

18 a report— 

19 (1) specifying the uses for which the State ex20 pended such funds, and the aggregate amount of 

21 funds (including State funds) expended for each of 

22 such uses; and 

23 (2) containing available data relating to grants 

24 made and benefits provided with such funds, includ25 ing— 


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1 (A) the number of eligible child care pro2 viders who received such grants and benefits; 

3 (B) the amounts of such grants and bene4 fits; 

5 (C) any other information that describes or 

6 evaluates the effectiveness of this subtitle; 

7 (D) the particular geographical areas se8 lected under section 225 for the purpose of 

9 making such grants; 

10 (E) with respect to grants made under sec11 tion 226— 

12 (i) the number of years grant recipi13 ents have been employed as child care pro14 viders; 

15 (ii) the level of training and education 

16 of grant recipients; 

17 (iii) to the extent practicable and 

18 available to the State, detailed information 

19 regarding the salaries and other compensa20 tion received by grant recipients to provide 

21 child care services before, during, and after 

22 receiving such grants; 

23 (iv) the number of children who re24 ceived child care services provided by grant 

25 recipients; 


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1 (v) information on family demo2 graphics of such children; 

3 (vi) the types of settings described in 

4 subparagraphs (A), (B), and (C) of section 

5 222(1) in which grant recipients are em6 ployed; and 

7 (vii) the ages of the children who re8 ceived child care services provided by grant 

9 recipients; 

10 (F) with respect to grants made under sec11 tion 227— 

12 (i) the number of years grant recipi13 ents have been employed as child care pro14 viders; 

15 (ii) the level of training and education 

16 of grant recipients; 

17 (iii) to the extent practicable and 

18 available to the State, detailed information 

19 regarding the salaries and other compensa20 tion received by grant recipients to provide 

21 child care services before, during, and after 

22 receiving such grants; 

23 (iv) the types of settings described in 

24 subparagraphs (A), (B), and (C) of section 


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1 222(1) in which grant recipients are em2 ployed; 

3 (v) the ages of the children who re4 ceived child care services provided by grant 

5 recipients; 

6 (vi) the number of course credits or 

7 credentials obtained by grant recipients; 

8 and 

9 (vii) the amount of time taken for 

10 completion of the educational and training 

11 programs for which such grants were 

12 made; and 

13 (G) such other information as the Sec14 retary may require by rule. 

15 SEC. 230. EVALUATION OF HEALTH BENEFITS PROGRAMS 

16 BY SECRETARY. 

17 (a) EVALUATION.—The Secretary shall conduct an 

18 evaluation of several State programs carried out with 

19 grants made under section 228, representing various ap20 proaches to raising the rate of child care providers with 

21 health benefits coverage. 

22 (b) ASSESSMENT OF IMPACTS.—In evaluating State 

23 programs under subsection (a), the Secretary may con24 sider any information appropriate to measure the success 


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1 of the programs, and shall assess the impact of the pro2 grams on the following: 

3 (1) The rate of child care providers with health 

4 benefits coverage. 

5 (2) The take-up rate by eligible child care pro6 viders. 

7 (3) The turnover rate in the child care field. 

8 (4) The average wages paid to a child care pro9 vider. 

10 (c) REPORT.—Not later than 3 years after the date 

11 of enactment of this subtitle, the Secretary shall prepare 

12 and submit a report to Congress containing the results 

13 of the evaluation conducted under subsection (a), together 

14 with recommendations for strengthening programs carried 

15 out with grants made under section 228. 

16 SEC. 231. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) CHILD CARE PROVIDER DEVELOPMENT, RETEN18 TION, AND SCHOLARSHIPS.—There are authorized to be 

19 appropriated to carry out the activities described in sec20 tions 226 and 227 $500,000,000 for fiscal year 2008 and 

21 such sums as may be necessary for each of fiscal years 

22 2008 through 2012. 

23 (b) CHILD CARE PROVIDER HEALTH BENEFITS COV24 ERAGE.—There is authorized to be appropriated to carry 

25 out the activities described in section 228 $200,000,000 


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1 for fiscal year 2007 and such sums as may be necessary 

2 for each of fiscal years 2008 through 2012. 

3 Subtitle D—Child Care Facilities 

4 Financing 

5 SEC. 241. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Child Care Facili7 ties Financing Act of 2009’’. 

8 SEC. 242. TECHNICAL AND FINANCIAL ASSISTANCE 

9 GRANTS. 

10 (a) GRANT AUTHORITY.—The Secretary may make 

11 grants on a competitive basis to eligible entities in accord12 ance with this section. 

13 (b) APPLICATION.— 

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

15 grant under subsection (a), an eligible entity shall 

16 submit to the Secretary an application at such time, 

17 in such form, and containing such information as 

18 the Secretary may require by rule. 

19 (2) REQUIREMENTS.—The Secretary shall issue 

20 rules that take into account the experience and suc21 cess of eligible entities in attracting private financ22 ing and carrying out the types of activities for which 

23 grants under subsection (a) are made. 

24 (c) PRIORITY.—In making grants under subsection 

25 (a), the Secretary shall give priority to an applicant— 


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1 (1) that has demonstrated experience— 

2 (A) providing technical or financial assist3 ance for the acquisition, construction, or ren4 ovation of child care facilities; 

5 (B) providing technical, financial, or mana6 gerial assistance to eligible child care providers; 

7 and 

8 (C) securing private sources of capital fi9 nancing for child care or other low-income com10 munity development; and 

11 (2) whose application proposes to assist eligible 

12 recipients that serve— 

13 (A) low-income areas, including— 

14 (i) a community that— 

15 (I) is in a metropolitan area; and 

16 (II) has a median household in17 come that is not more than 80 percent 

18 of the median household income of the 

19 metropolitan area; or 

20 (ii) a community that— 

21 (I) is not in a metropolitan area; 

22 and 

23 (II) has a median income that is 

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1 dian household income of the State in 

2 which the community is located; or 

3 (B) low-income individuals, including eligi4 ble children. 

5 (d) USE OF FUNDS.— 

6 (1) CAPITAL FUND.—Each eligible entity that 

7 receives a grant under subsection (a) shall deposit 

8 the grant amount into a child care capital fund es9 tablished by the eligible entity. 

10 (2) PAYMENTS FROM FUNDS.—Each eligible en11 tity shall provide technical or financial assistance (in 

12 the form of loans, grants, investments, guarantees, 

13 interest subsidies, and other appropriate forms of 

14 assistance) to eligible recipients from the child care 

15 capital fund it establishes to pay for— 

16 (A) the acquisition, construction, or im17 provement of child care facilities; 

18 (B) equipment for child care facilities; or 

19 (C) technical assistance to eligible child 

20 care providers to help them undertake facilities 

21 improvement and expansion projects. 

22 (3) LOAN REPAYMENTS AND INVESTMENT PRO23 CEEDS.—An eligible entity that receives a loan re24 payment or investment proceeds from an eligible re25 cipient shall deposit such repayment or proceeds into 


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1 the child care capital fund of the eligible entity for 

2 use in accordance with this section. 

3 (4) APPLICATION.—To obtain assistance from 

4 an eligible entity, an eligible recipient shall prepare 

5 and submit an application to an eligible entity at 

6 such time, in such form, and containing such infor7 mation as the eligible entity may require. 

8 SEC. 243. DEFINITIONS. 

9 As used in this subtitle: 

10 (1) CHILD CARE FACILITY.—The term ‘‘child 

11 care facility’’ means a structure used for the care 

12 and development of eligible children. 

13 (2) CHILD CARE SERVICES.—The term ‘‘child 

14 care services’’ means child care and early childhood 

15 education. 

16 (3) COMMUNITY DEVELOPMENT FINANCIAL IN17 STITUTION.—The term ‘‘community development fi18 nancial institution’’ has the meaning given such 

19 term in section 103(5) of the Community Develop20 ment Banking and Financial Institutions Act of 

21 1994 (12 U.S.C. 4702(5)). 

22 (4) ELIGIBLE CHILD CARE PROVIDER.—The 

23 term ‘‘eligible child care provider’’ has the meaning 

24 given such term in section 658P of the Child Care 


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1 and Development Block Grant Act of 1990 (42 

2 U.S.C. 9858n). 

3 (5) ELIGIBLE CHILD.—The term ‘‘eligible 

4 child’’ has the meaning given such term in section 

5 658P of the Child Care and Development Block 

6 Grant Act of 1990 (42 U.S.C. 9858n). 

7 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means— 

9 (A) a community development financial in10 stitution certified by the Department of Treas11 ury; or 

12 (B) an organization that— 

13 (i) is described in section 501(c)(3) of 

14 the Internal Revenue Code of 1986; 

15 (ii) is exempt from taxation under 

16 section 501(a) of such Code; and 

17 (iii) has demonstrated experience in— 

18 (I) providing technical or finan19 cial assistance for the acquisition, con20 struction, or renovation of child care 

21 facilities; 

22 (II) providing technical, financial, 

23 or managerial assistance to eligible 

24 child care providers; and 


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1 (III) securing private sources of 

2 capital financing for child care or 

3 other low-income community develop4 ment. 

5 (7) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

6 recipient’’ means— 

7 (A) an eligible child care provider that pro8 vides child care services to an eligible child; 

9 (B) an organization seeking to provide 

10 child care services to an eligible child; or 

11 (C) an organization providing or seeking to 

12 provide child care services to low-income chil13 dren as determined by the Secretary. 

14 (8) EQUIPMENT.—The term ‘‘equipment’’ in15 cludes— 

16 (A) machinery, utilities, and built-in equip17 ment, and any necessary structure to house 

18 them; and 

19 (B) any other items necessary for the func20 tioning of a child care facility, including fur21 niture, books, and program materials. 

22 (9) METROPOLITAN AREA.—The term ‘‘metro23 politan area’’ has the meaning given such term in 

24 section 102 of the Housing and Community Devel25 opment Act of 1974 (42 U.S.C. 5302). 


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1 (10) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Health and Human Services. 

3 SEC. 244. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to carry out 

5 this subtitle $50,000,000 for each of the fiscal years 2010 

6 through 2014. 

7 Subtitle E—Business Child Care 

8 Incentive Grant Program 

9 SEC. 251. BUSINESS CHILD CARE INCENTIVE GRANT PRO10 GRAM. 

11 (a) ESTABLISHMENT.—The Secretary of Health and 

12 Human Services (referred to in this section as the ‘‘Sec13 retary’’) shall establish a program to award grants to 

14 States, on a competitive basis, to assist States in providing 

15 funds to encourage the establishment and operation of em16 ployer operated child care programs. 

17 (b) APPLICATION.—To be eligible to receive a grant 

18 under this section, a State shall prepare and submit to 

19 the Secretary an application at such time, in such manner, 

20 and containing such information as the Secretary may re21 quire, including an assurance that the funds required 

22 under subsection (e) will be provided. 

23 (c) AMOUNT OF GRANT.—The Secretary shall deter24 mine the amount of a grant to a State under this section 

25 based on the population of children less than 5 years of 


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1 age in the State as compared to the population of all 

2 States receiving grants under this section. 

3 (d) USE OF FUNDS.— 

4 (1) IN GENERAL.—A State shall use amounts 

5 provided under a grant awarded under this section 

6 to provide assistance to businesses located in the 

7 State to enable the businesses to establish and oper8 ate child care programs. Such assistance may in9 clude— 

10 (A) technical assistance in the establish11 ment of a child care program; 

12 (B) assistance for the startup costs related 

13 to a child care program; 

14 (C) assistance for the training of child care 

15 providers; 

16 (D) scholarships for low-income wage earn17 ers; 

18 (E) the provision of services to care for 

19 sick children or to provide care to school aged 

20 children; 

21 (F) the entering into of contracts with 

22 local resource and referral or local health de23 partments; 

24 (G) assistance for care for children with 

25 disabilities; or 


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1 (H) assistance for any other activity deter2 mined appropriate by the State. 

3 (2) APPLICATION.—To be eligible to receive as4 sistance from a State under this section, a business 

5 shall prepare and submit to the State an application 

6 at such time, in such manner, and containing such 

7 information as the State may require. 

8 (3) PREFERENCE.— 

9 (A) IN GENERAL.—In providing assistance 

10 under this section, a State shall give priority to 

11 applicants that desire to form a consortium to 

12 provide child care in a geographic area within 

13 the State where such care is not generally avail14 able or accessible. 

15 (B) CONSORTIUM.—For purposes of sub16 paragraph (A), a consortium shall be made up 

17 of 2 or more entities that may include busi18 nesses, nonprofit agencies or organizations, 

19 local governments, or other appropriate entities. 

20 (4) LIMITATION.—With respect to grant funds 

21 received under this section, a State may not provide 

22 in excess of $100,000 in assistance from such funds 

23 to any single applicant. 

24 (e) MATCHING REQUIREMENT.—To be eligible to re25 ceive a grant under this section a State shall provide asVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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1 surances to the Secretary that, with respect to the costs 

2 to be incurred by an entity receiving assistance in carrying 

3 out activities under this section, the entity will make avail4 able (directly or through donations from public or private 

5 entities) non-Federal contributions to such costs in an 

6 amount equal to— 

7 (1) for the first fiscal year in which the entity 

8 receives such assistance, not less than 50 percent of 

9 such costs ($1 for each $1 of assistance provided to 

10 the entity under the grant); 

11 (2) for the second fiscal year in which the entity receives such assistance, not less than 662 12 ⁄3 per13 cent of such costs ($2 for each $1 of assistance pro14 vided to the entity under the grant); and 

15 (3) for the third fiscal year in which the entity 

16 receives such assistance, not less than 75 percent of 

17 such costs ($3 for each $1 of assistance provided to 

18 the entity under the grant). 

19 (f) REQUIREMENTS OF PROVIDERS.—To be eligible 

20 to receive assistance under a grant awarded under this 

21 section a child care provider shall comply with all applica22 ble State and local licensing and regulatory requirements 

23 and all applicable health and safety standards in effect 

24 in the State. 

25 (g) ADMINISTRATION.— 


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1 (1) STATE RESPONSIBILITY.—A State shall 

2 have responsibility for administering a grant award3 ed for the State under this section and for moni4 toring entities that receive assistance under such 

5 grant. 

6 (2) AUDITS.—A State shall require each entity 

7 receiving assistance under the grant awarded under 

8 this section to conduct an annual audit with respect 

9 to the activities of the entity. Such audits shall be 

10 submitted to the State. 

11 (3) MISUSE OF FUNDS.— 

12 (A) REPAYMENT.—If the State determines, 

13 through an audit or otherwise, that an entity 

14 receiving assistance under a grant awarded 

15 under this section has misused the assistance, 

16 the State shall notify the Secretary of the mis17 use. The Secretary, upon such a notification, 

18 may seek from such an entity the repayment of 

19 an amount equal to the amount of any such 

20 misused assistance plus interest. 

21 (B) APPEALS PROCESS.—The Secretary 

22 shall by regulation provide for an appeals proc23 ess with respect to repayments under this para24 graph. 

25 (h) REPORTING REQUIREMENTS.— 


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1 (1) 2-YEAR STUDY.— 

2 (A) IN GENERAL.—Not later than 2 years 

3 after the date on which the Secretary first 

4 awards grants under this section, the Secretary 

5 shall conduct a study to determine— 

6 (i) the capacity of entities to meet the 

7 child care needs of communities within 

8 States; 

9 (ii) the kinds of partnerships that are 

10 being formed with respect to child care at 

11 the local level to carry out programs fund12 ed under this section; and 

13 (iii) who is using the programs funded 

14 under this section and the income levels of 

15 such individuals. 

16 (B) REPORT.—Not later than 28 months 

17 after the date on which the Secretary first 

18 awards grants under this section, the Secretary 

19 shall prepare and submit to the appropriate 

20 committees of Congress a report on the results 

21 of the study conducted in accordance with sub22 paragraph (A). 

23 (2) 4-YEAR STUDY.— 

24 (A) IN GENERAL.—Not later than 4 years 

25 after the date on which the Secretary first 


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1 awards grants under this section, the Secretary 

2 shall conduct a study to determine the number 

3 of child care facilities funded through entities 

4 that received assistance through a grant award5 ed under this section that remain in operation 

6 and the extent to which such facilities are meet7 ing the child care needs of the individuals 

8 served by such facilities. 

9 (B) REPORT.—Not later than 52 months 

10 after the date on which the Secretary first 

11 awards grants under this section, the Secretary 

12 shall prepare and submit to the appropriate 

13 committees of Congress a report on the results 

14 of the study conducted in accordance with sub15 paragraph (A). 

16 (i) DEFINITION.—In this section, the term ‘‘busi17 ness’’ means an employer who employed an average of at 

18 least 2 employees on business days during the preceding 

19 calendar year. 

20 (j) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section, $60,000,000 

23 for the period of fiscal years 2008 through 2010. 

24 (2) EVALUATIONS AND ADMINISTRATION.— 

25 With respect to the total amount appropriated for 


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1 such period in accordance with this subsection, not 

2 more than $5,000,000 of that amount may be used 

3 for expenditures related to conducting evaluations 

4 required under, and the administration of, this sec5 tion. 

6 (k) TERMINATION OF PROGRAM.—The program es7 tablished under subsection (a) shall terminate on Sep8 tember 30, 2011. 

9 TITLE III—PRE-SCHOOL, IN10 SCHOOL, AND AFTER SCHOOL 

11 ASSISTANCE 

12 Subtitle A—Universal 

13 Prekindergarten Act 

14 SEC. 301. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Universal Pre16 kindergarten Act’’. 

17 SEC. 302. PURPOSE. 

18 The purpose of this subtitle is to ensure that all chil19 dren 3, 4, and 5 years old have access to a high-quality 

20 full-day, full-calendar-year prekindergarten program by 

21 providing grants to States to assist in developing a uni22 versal prekindergarten program that is voluntary and free23 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 2009; 

19 (2) $20,000,000,000 for fiscal year 2010; 

20 (3) $30,000,000,000 for fiscal year 2011; 

21 (4) $40,000,000,000 for fiscal year 2012; and 

22 (5) $50,000,000,000 for fiscal year 2013. 


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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 

25 a combination of foods which meet the minimum nuVerDate Nov 24 2008 06:26 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047

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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 2009 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 2009 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’’; 

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 and 

17 (E) in section 18, by striking subsection 

18 (e) and redesignating subsections (f) through 

19 (k) as subsections (e) through (j), respectively. 

20 Subtitle C—Free Lunch Eligibility 

21 SECTION 321. FREE LUNCH ELIGIBILITY. 

22 Section 9(b)(1) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1758(b)(1)) is amended by 

24 adding at the end the following: 


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1 ‘‘(C) Notwithstanding any other provision of this Act, 

2 a child who is eligible for reduced price lunches for any 

3 school year as determined in accordance with the income 

4 guidelines set forth in this subsection shall be deemed to 

5 be eligible for free lunches for that school year.’’. 

6 Subtitle D—Child and Adult Care 

7 Food Program 

8 SEC. 331. REIMBURSEMENTS FOR AFTERSCHOOL DINNERS. 

9 Section 17(r) of the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1766(r)) is amended by 

11 striking paragraph (5). 

12 Subtitle E—Afterschool Education 

13 Enhancement Act 

14 SEC. 341. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Afterschool Edu16 cation Enhancement Act’’. 

17 SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COM18 MUNITY LEARNING CENTERS. 

19 Part B of title IV of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7171 et seq.) is amend21 ed— 

22 (1) in subsection (a) of section 4203— 

23 (A) by striking paragraph (3); and 


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1 (B) by redesignating paragraphs (4) 

2 through (14) as paragraphs (3) through (13), 

3 respectively; and 

4 (2) in section 4204— 

5 (A) in paragraph (2) of subsection (b)— 

6 (i) by striking subparagraph (F); and 

7 (ii) by redesignating subparagraphs 

8 (G) through (N) as subparagraphs (F) 

9 through (M), respectively; and 

10 (B) by amending paragraph (1) of sub11 section (i) to read as follows: 

12 ‘‘(1) IN GENERAL.—In awarding grants under 

13 this part, a State educational agency shall give pri14 ority to applications submitted jointly by eligible en15 tities consisting of not less than— 

16 ‘‘(A) 1 local educational agency receiving 

17 funds under part A of title I; and 

18 ‘‘(B) 1 community-based organization or 

19 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 2007. 

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, 2007’’ 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, 2007, 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, 2009. 

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, 2007, 

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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