I
107TH CONGRESS
1ST SESSION
H. R. 265
To increase the availability and affordability of quality child care and early
learning services, to amend the Family and Medical Leave Act of 1993
to expand the scope of the Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 2001
Ms. DELAURO (for herself, Mr. DEFAZIO, Mr. LAMPSON, and Ms. WOOLSEY)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committees on
Ways and Means, Government Reform, 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 com-
mittee concerned
A BILL
To increase the availability and affordability of quality child
care and early learning services, to amend the Family
and Medical Leave Act of 1993 to expand the scope
of the Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Right Start Act of
2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—INVESTING IN HEAD START PROGRAMS
Sec. 101. Authorization of appropriations.
TITLE II—INVESTING IN QUALITY CHILD CARE
Sec. 201. Authorization of appropriations.
TITLE III—PROMOTING EARLY LEARNING OPPORTUNITIES
Sec. 301. Amendments to the Early Learning Opportunities Act.
TITLE IV—SUPPORTING FAMILY CHOICES IN CHILD CARE
Subtitle A—Dependent Care Tax Credit
Sec. 401. Expanding the dependent care tax credit.
Sec. 402. Minimum credit allowed for stay-at-home parents.
Sec. 403. Credit made refundable.
Subtitle B—Incentives for Employer-Provided Child Care
Sec. 411. Allowance of credit for employer expenses for child care assistance.
TITLE V—EXPANDING FAMILY AND MEDICAL LEAVE
Subtitle A—Family Income to Respond to Significant Transitions
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Demonstration projects.
Sec. 505. Evaluations and reports.
Sec. 506. Authorization of appropriations.
Subtitle B—Family Friendly Workplaces
Sec. 511. Short title.
Sec. 512. Coverage of employees.
Subtitle C—Time for Schools
Sec. 521. Short title.
Sec. 522. General requirements for leave.
Sec. 523. School involvement leave for civil service employees.
Sec. 524. Effective date.
Subtitle D—Employment Protection for Battered Women
Sec. 531. Entitlement to leave for addressing domestic violence for non-Federal
employees.
Sec. 532. Entitlement to leave for addressing domestic violence for Federal em-
ployees.
Sec. 533. Existing leave usable for domestic violence.
TITLE I—INVESTING IN HEAD
START PROGRAMS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 639(a) of the Head Start
Act (42 U.S.C. 9834(a)) is amended by striking ‘‘such
sums’’ and all that follows and inserting the following:
‘‘$6,500,000,000 for fiscal year 2002, $7,000,000,000 for
fiscal year 2003, $7,750,000,000 for fiscal year 2004,
$8,500,000,000 for fiscal year 2005, and $9,750,000,000
for fiscal year 2006.’’.
(b) CONFORMING AMENDMENTS.—
(1) RESERVATIONS.—Paragraphs (1) and (3) of
section 639(b) of the Head Start Act (42 U.S.C.
9834(b)) are amended by striking ‘‘2003’’ and in-
serting ‘‘2006’’.
(2) DISTRIBUTION.—Paragraphs (3)(A)(i)(I)
and (6)(A) of section 640(a) of the Head Start Act
(42 U.S.C. 9835(a)) are amended by striking ‘‘fiscal
year 2003’’ and inserting ‘‘each of fiscal years 2003
through 2006’’.
TITLE II—INVESTING IN
QUALITY CHILD CARE
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) CHILD CARE AND DEVELOPMENT BLOCK GRANT
ACT OF 1990.—Section 658B of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 9858) is
amended by striking ‘‘$1,000,000,000’’ and all that fol-
lows and inserting ‘‘$2,076,000,000 for fiscal year 2002,
$2,109,000,000 for fiscal year 2003, $2,571,000,000 for
fiscal year 2004, $3,051,000,000 for fiscal year 2005, and
$3,766,000,000 for fiscal year 2006.’’.
(b) SOCIAL SECURITY ACT FUNDING FOR CHILD
CARE.—Section 418(a)(3) of the Social Security Act (42
U.S.C. 618(a)(3)) is amended—
(1) in subparagraph (E), by striking ‘‘; and’’;
(2) in subparagraph (F), by striking the period
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(G) $2,870,000,000 for fiscal year 2002;
‘‘(H) $2,936,000,000 for fiscal year 2003;
‘‘(I) $3,861,000,000 for fiscal year 2004;
‘‘(J) $4,821,000,000 for fiscal year 2005;
and
‘‘(K) 
$3,766,000,000 
for 
fiscal 
year
2006.’’.
TITLE III—PROMOTING EARLY
LEARNING OPPORTUNITIES
SEC. 301. AMENDMENTS TO THE EARLY LEARNING OPPOR-
TUNITIES ACT.
Section 805 of the Early Learning Opportunities Act,
as enacted by title VIII of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001 (as enacted into law
by section 1(a)(1) of Public Law 106–554) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘, and there are appropriated,’’; and
(2) by striking paragraphs (1) through (4) and
inserting the following:
‘‘(1) $750,000,000 for fiscal year 2002;
‘‘(2) $1,000,000,000 for fiscal year 2003;
‘‘(3) $1,500,000,000 for fiscal year 2004;
‘‘(4) $2,000,000,000 for fiscal year 2005; and
‘‘(5) $2,500,000,000 for fiscal year 2006.’’.
TITLE IV—SUPPORTING FAMILY
CHOICES IN CHILD CARE
Subtitle A—Dependent Care Tax
Credit
SEC. 401. EXPANDING THE DEPENDENT CARE TAX CREDIT.
(a) PERCENTAGE OF EMPLOYMENT-RELATED EX-
PENSES DETERMINED BY TAXPAYER STATUS.—Section
21(a)(2) of the Internal Revenue Code of 1986 (defining
applicable percentage) is amended to read as follows:
‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For
purposes of paragraph (1), the term ‘applicable per-
centage’ means—
‘‘(A) except as provided in subparagraph
(B), 50 percent reduced (but not below 20 per-
cent) by 1 percentage point for each $1,000, or
fraction thereof, by which the taxpayer’s ad-
justed gross income for the taxable year exceeds
$30,000, and
‘‘(B) in the case of employment-related ex-
penses described in subsection (e)(11), 50 per-
cent reduced (but not below zero) by 1 percent-
age point for each $800, or fraction thereof, by
which the taxpayer’s adjusted gross income for
the taxable year exceeds $30,000.’’.
(b) INFLATION ADJUSTMENT FOR ALLOWABLE EX-
PENSES.—Section 21(c) of the Internal Revenue Code of
1986 (relating to dollar limit on amount creditable) is
amended by striking ‘‘The amount determined’’ and in-
serting ‘‘In the case of any taxable year beginning after
2002, each dollar amount referred to in paragraphs (1)
and (2) shall be increased by an amount equal to such
dollar amount multiplied by the cost-of-living adjustment
determined under section 1(f)(3) for the calendar year in
which the taxable year begins, by substituting ‘calendar
year 2001’ for ‘calendar year 1992’ in subparagraph (B)
thereof. If any dollar amount after being increased under
the preceding sentence is not a multiple of $10, such dollar
amount shall be rounded to the nearest multiple of $10.
The amount determined’’.
(c) EFFECTIVE DATE.—The amendments made by
this section apply to taxable years beginning after Decem-
ber 31, 2001.
SEC. 402. MINIMUM CREDIT ALLOWED FOR STAY-AT-HOME
PARENTS.
(a) IN GENERAL.—Section 21(e) of the Internal Rev-
enue Code of 1986 (relating to special rules) is amended
by adding at the end the following:
‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY-
AT-HOME
PARENTS.—Notwithstanding 
subsection
(d), in the case of any taxpayer with one or more
qualifying 
individuals 
described 
in 
subsection
(b)(1)(A) under the age of 1 at any time during the
taxable year, such taxpayer shall be deemed to have
employment-related expenses with respect to such
qualifying individuals in an amount equal to the sum
of—
‘‘(A) $90 for each month in such taxable
year during which at least one of such quali-
fying individuals is under the age of 1, and
‘‘(B) the amount of employment-related ex-
penses otherwise incurred for such qualifying
individuals for the taxable year (determined
under this section without regard to this para-
graph).’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to taxable years beginning after Decem-
ber 31, 2001.
SEC. 403. CREDIT MADE REFUNDABLE.
(a) IN GENERAL.—Part IV of subchapter A of chap-
ter 1 of the Internal Revenue Code of 1986 (relating to
credits against tax) is amended—
(1) by redesignating section 35 as section 36,
and
(2) by redesignating section 21 as section 35.
(b) ADVANCE PAYMENT OF CREDIT.—Chapter 25 of
such Code (relating to general provisions relating to em-
ployment taxes) is amended by inserting after section
3507 the following:
‘‘SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE
CREDIT.
‘‘(a) GENERAL RULE.—Except as otherwise provided
in this section, every employer making payment of wages
with respect to whom a dependent care eligibility certifi-
cate is in effect shall, at the time of paying such wages,
make an additional payment equal to such employee’s de-
pendent care advance amount.
‘‘(b) DEPENDENT
CARE
ELIGIBILITY
CERTIFI-
CATE.—For purposes of this title, a dependent care eligi-
bility certificate is a statement furnished by an employee
to the employer which—
‘‘(1) certifies that the employee will be eligible
to receive the credit provided by section 35 for the
taxable year,
‘‘(2) certifies that the employee reasonably ex-
pects to be an applicable taxpayer for the taxable
year,
‘‘(3) certifies that the employee does not have
a dependent care eligibility certificate in effect for
the calendar year with respect to the payment of
wages by another employer,
‘‘(4) states whether or not the employee’s
spouse has a dependent care eligibility certificate in
effect,
‘‘(5) states the number of qualifying individuals
in the household maintained by the employee, and
‘‘(6) estimates the amount of employment-re-
lated expenses for the calendar year.
‘‘(c) DEPENDENT CARE ADVANCE AMOUNT.—
‘‘(1) IN GENERAL.—For purposes of this title,
the term ‘dependent care advance amount’ means,
with respect to any payroll period, the amount
determined—
‘‘(A) on the basis of the employee’s wages
from the employer for such period,
‘‘(B) on the basis of the employee’s esti-
mated employment-related expenses included in
the dependent care eligibility certificate, and
‘‘(C) in accordance with tables provided by
the Secretary.
‘‘(2) ADVANCE AMOUNT TABLES.—The tables
referred to in paragraph (1)(C) shall be similar in
form to the tables prescribed under section 3402
and, to the maximum extent feasible, shall be coordi-
nated with such tables and the tables prescribed
under section 3507(c).
‘‘(d) OTHER RULES.—For purposes of this section,
rules similar to the rules of subsections (d) and (e) of sec-
tion 3507 shall apply.
‘‘(e) DEFINITIONS.—For purposes of this section,
terms used in this section which are defined in section 35
shall have the respective meanings given such terms by
section 35.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 35(a)(1) of such Code, as redesig-
nated by paragraph (1), is amended by striking
‘‘chapter’’ and inserting ‘‘subtitle’’.
(2) Section 35(e) of such Code, as so redesig-
nated and amended by subsection (c), is amended by
adding at the end the following:
‘‘(12) COORDINATION
WITH
ADVANCE
PAY-
MENTS AND MINIMUM TAX.—Rules similar to the
rules of subsections (g) and (h) of section 32 shall
apply for purposes of this section.’’.
(3) Sections 23(f)(1) and 129(a)(2)(C) of such
Code are each amended by striking ‘‘section 21(e)’’
and inserting ‘‘section 35(e)’’.
(4) Section 129(b)(2) of such Code is amended
by striking ‘‘section 21(d)(2)’’ and inserting ‘‘section
35(d)(2)’’.
(5) Section 129(e)(1) of such Code is amended
by striking ‘‘section 21(b)(2)’’ and inserting ‘‘section
35(b)(2)’’.
(6) Section 213(e) of such Code is amended by
striking ‘‘section 21’’ and inserting ‘‘section 35’’.
(7) Section 995(f)(2)(C) of such Code is
amended by striking ‘‘and 34’’ and inserting ‘‘34,
and 35’’.
(8) Section 6211(b)(4)(A) of such Code is
amended by striking ‘‘and 34’’ and inserting ‘‘, 34,
and 35’’.
(9) Section 6213(g)(2)(H) of such Code is
amended by striking ‘‘section 21’’ and inserting
‘‘section 35’’.
(10) Section 6213(g)(2)(L) of such Code is
amended by striking ‘‘section 21, 24, or 32’’ and in-
serting ‘‘section 24, 32, or 35’’.
(11) The table of sections for subpart C of part
IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 35
and inserting the following:
‘‘Sec. 35. Expenses for household and dependent care services
necessary for gainful employment.
‘‘Sec. 36. Overpayments of tax.’’.
(12) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(13) The table of sections for chapter 25 of
such Code is amended by adding after the item re-
lating to section 3507 the following:
‘‘Sec. 3507A. Advance payment of dependent care credit.’’.
(14) Section 1324(b)(2) of title 31, United
States Code, is amended by striking ‘‘or’’ before
‘‘enacted’’ and by inserting before the period at the
end ‘‘, or from section 35 of such Code’’.
(d) EFFECTIVE DATE.—The amendments made by
this section apply to taxable years beginning after Decem-
ber 31, 2001.
Subtitle B—Incentives for
Employer-Provided Child Care
SEC. 411. ALLOWANCE OF CREDIT FOR EMPLOYER EX-
PENSES FOR CHILD CARE ASSISTANCE.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to business related credits) is amended by
adding at the end the following:
‘‘SEC. 45E. EMPLOYER-PROVIDED CHILD CARE CREDIT.
‘‘(a) IN GENERAL.—For purposes of section 38, the
employer-provided child care credit determined under this
section for the taxable year is an amount equal to the sum
of—
‘‘(1) 25 percent of the qualified child care ex-
penditures, and
‘‘(2) 10 percent of the qualified child care re-
source and referral expenditures,
of the taxpayer for such taxable year.
‘‘(b) DOLLAR LIMITATION.—The credit allowable
under subsection (a) for any taxable year shall not exceed
$150,000.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.—
‘‘(A) IN
GENERAL.—The term ‘qualified
child care expenditure’ means any amount paid
or incurred—
‘‘(i) to acquire, construct, rehabilitate,
or expand property—
‘‘(I) which is to be used as part
of a qualified child care facility of the
taxpayer,
‘‘(II) with respect to which a de-
duction for depreciation (or amortiza-
tion in lieu of depreciation) is allow-
able, and
‘‘(III) which does not constitute
part of the principal residence (within
the meaning of section 121) of the
taxpayer or any employee of the tax-
payer,
‘‘(ii) for the operating costs of a quali-
fied child care facility of the taxpayer, in-
cluding costs related to the training of em-
ployees, to scholarship programs, and to
the providing of increased compensation to
employees with higher levels of child care
training,
‘‘(iii) under a contract with a qualified
child care facility to provide child care
services to employees of the taxpayer, or
‘‘(iv) to reimburse an employee for ex-
penses for child care which enables the em-
ployee to be gainfully employed including
expenses related to—
‘‘(I) day care and before and
after school care,
‘‘(II) transportation associated
with such care, and
‘‘(III) before and after school
and holiday programs including edu-
cational and recreational programs
and camp programs.
‘‘(B) FAIR
MARKET
VALUE.—The term
‘qualified child care expenditures’ shall not in-
clude expenses in excess of the fair market
value of such care.
‘‘(2) QUALIFIED CHILD CARE FACILITY.—
‘‘(A) IN
GENERAL.—The term ‘qualified
child care facility’ means a facility—
‘‘(i) the principal use of which is to
provide child care assistance, and
‘‘(ii) which meets the requirements of
all applicable laws and regulations of the
State or local government in which it is lo-
cated, including the licensing of the facility
as a child care facility.
Clause (i) shall not apply to a facility which is
the principal residence (within the meaning of
section 121) of the operator of the facility.
‘‘(B) SPECIAL RULES WITH RESPECT TO A
TAXPAYER.—A facility shall not be treated as a
qualified child care facility with respect to a
taxpayer unless—
‘‘(i) enrollment in the facility is open
to employees of the taxpayer during the
taxable year,
‘‘(ii) if the facility is the principal
trade or business of the taxpayer, at least
30 percent of the enrollees of such facility
are dependents of employees of the tax-
payer, and
‘‘(iii) the use of such facility (or the
eligibility to use such facility) does not dis-
criminate in favor of employees of the tax-
payer who are highly compensated employ-
ees (within the meaning of section 414(q)).
‘‘(3) QUALIFIED CHILD CARE RESOURCE AND
REFERRAL
EXPENDITURE.—The term ‘qualified
child care resource and referral expenditure’ means
any amount paid or incurred under a contract to
provide child care resource and referral services to
an employee of the taxpayer.
‘‘(d) RECAPTURE OF ACQUISITION AND CONSTRUC-
TION CREDIT.—
‘‘(1) IN GENERAL.—If, as of the close of any
taxable year, there is a recapture event with respect
to any qualified child care facility of the taxpayer,
then the tax of the taxpayer under this chapter for
such taxable year shall be increased by an amount
equal to the product of—
‘‘(A) the applicable recapture percentage,
and
‘‘(B) the aggregate decrease in the credits
allowed under section 38 for all prior taxable
years which would have resulted if the qualified
child care expenditures of the taxpayer de-
scribed in subsection (c)(1)(A) with respect to
such facility had been zero.
‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.—
‘‘(A) IN GENERAL.—For purposes of this
subsection, the applicable recapture percentage
shall be determined from the following table:
The applicable
recapture
‘‘If the recapture event occurs in:
percentage is:
Years 1–3 ..................................................................
100
Year 4 ........................................................................
Year 5 ........................................................................
Year 6 ........................................................................
Year 7 ........................................................................
Year 8 ........................................................................
Years 9 and 10 ..........................................................
Years 11 and thereafter ............................................
0.
‘‘(B) YEARS.—For purposes of subpara-
graph (A), year 1 shall begin on the first day
of the taxable year in which the qualified child
care facility is placed in service by the taxpayer.
‘‘(3) RECAPTURE EVENT DEFINED.—For pur-
poses of this subsection, the term ‘recapture event’
means—
‘‘(A) CESSATION
OF
OPERATION.—The
cessation of the operation of the facility as a
qualified child care facility.
‘‘(B) CHANGE IN OWNERSHIP.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the disposition of a
taxpayer’s interest in a qualified child care
facility with respect to which the credit de-
scribed in subsection (a) was allowable.
‘‘(ii) AGREEMENT TO ASSUME RECAP-
TURE
LIABILITY.—Clause (i) shall not
apply if the person acquiring such interest
in the facility agrees in writing to assume
the recapture liability of the person dis-
posing of such interest in effect imme-
diately before such disposition. In the
event of such an assumption, the person
acquiring the interest in the facility shall
be treated as the taxpayer for purposes of
assessing any recapture liability (computed
as if there had been no change in owner-
ship).
‘‘(4) SPECIAL RULES.—
‘‘(A) TAX
BENEFIT
RULE.—The tax for
the taxable year shall be increased under para-
graph (1) only with respect to credits allowed
by reason of this section which were used to re-
duce tax liability. In the case of credits not so
used to reduce tax liability, the carryforwards
and carrybacks under section 39 shall be appro-
priately adjusted.
‘‘(B) NO CREDITS AGAINST TAX.—Any in-
crease in tax under this subsection shall not be
treated as a tax imposed by this chapter for
purposes of determining the amount of any
credit under subpart A, B, or D of this part.
‘‘(C) NO RECAPTURE BY REASON OF CAS-
UALTY LOSS.—The increase in tax under this
subsection shall not apply to a cessation of op-
eration of the facility as a qualified child care
facility by reason of a casualty loss to the ex-
tent such loss is restored by reconstruction or
replacement within a reasonable period estab-
lished by the Secretary.
‘‘(e) 
SPECIAL
RULES.—For 
purposes 
of 
this
section—
‘‘(1) AGGREGATION RULES.—All persons which
are treated as a single employer under subsections
(a) and (b) of section 52 shall be treated as a single
taxpayer.
‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND
TRUSTS.—Under regulations prescribed by the Sec-
retary, rules similar to the rules of subsection (d) of
section 52 shall apply.
‘‘(3) ALLOCATION IN THE CASE OF PARTNER-
SHIPS.—In the case of partnerships, the credit shall
be allocated among partners under regulations pre-
scribed by the Secretary.
‘‘(f) NO DOUBLE BENEFIT.—
‘‘(1) REDUCTION IN BASIS.—For purposes of
this subtitle—
‘‘(A) IN GENERAL.—If a credit is deter-
mined under this section with respect to any
property by reason of expenditures described in
subsection (c)(1)(A), the basis of such property
shall be reduced by the amount of the credit so
determined.
‘‘(B) CERTAIN DISPOSITIONS.—If, during
any taxable year, there is a recapture amount
determined with respect to any property the
basis of which was reduced under subparagraph
(A), the basis of such property (immediately be-
fore the event resulting in such recapture) shall
be increased by an amount equal to such recap-
ture amount. For purposes of the preceding
sentence, the term ‘recapture amount’ means
any 
increase 
in 
tax 
(or 
adjustment 
in
carrybacks or carryovers) determined under
subsection (d).
‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No
deduction or credit shall be allowed under any other
provision of this chapter with respect to the amount
of the credit determined under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 38(b) of the Internal Revenue Code
of 1986 is amended by striking ‘‘plus’’ at the end of
paragraph (12), by striking the period at the end of
paragraph (13) and inserting ‘‘, plus’’, and by add-
ing at the end the following:
‘‘(14) the employer-provided child care credit
determined under section 45E.’’.
(2) Subsection (d) of section 39 of such Code
is amended by adding at the end the following new
paragraph:
‘‘(10) NO CARRYBACK OF EMPLOYER-PROVIDED
CHILD CARE CREDIT BEFORE JANUARY 1, 2002.—No
portion of the unused business credit for any taxable
year which is attributable to the credit under section
45E may be carried back to a taxable year ending
before January 1, 2002.’’.
(3) Subsection (c) of section 196 of such Code
is amended by striking ‘‘and’’ at the end of para-
graph (8), by striking the period at the end of para-
graph (9) and inserting ‘‘, and’’, and by adding at
the end the following new paragraph:
‘‘(10) the employer-provided child care credit
determined under section 45E(a).’’.
(4) The table of sections for subpart D of part
IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following:
‘‘Sec. 45E. Employer-provided child care credit.’’.
(5) Section 1016(a) of such Code is amended
by striking ‘‘and’’ at the end of paragraph (26), by
striking the period at the end of paragraph (27) and
inserting ‘‘, and’’, and by adding at the end the fol-
lowing:
‘‘(28) in the case of a facility with respect to
which a credit was allowed under section 45E, to the
extent provided in section 45E(f)(1).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2001.
TITLE V—EXPANDING FAMILY
AND MEDICAL LEAVE
Subtitle A—Family Income to
Respond to Significant Transitions
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Income to
Respond to Significant Transitions Insurance Act’’.
SEC. 502. PURPOSES.
The purposes of this subtitle are—
(1) to establish a demonstration program that
supports the efforts of States and political subdivi-
sions to provide partial or full wage replacement,
often referred to as FIRST insurance, to new par-
ents so that the new parents are able to spend time
with a new infant or newly adopted child, and to
other employees; and
(2) to learn about the most effective mecha-
nisms for providing the wage replacement assistance.
SEC. 503. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor, acting after consultation
with the Secretary of Health and Human Services.
(2) SON
OR
DAUGHTER; STATE.—The terms
‘‘son or daughter’’ and ‘‘State’’ have the meanings
given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
SEC. 504. DEMONSTRATION PROJECTS.
(a) GRANTS.—The Secretary shall make grants to eli-
gible entities to pay for the Federal share of the cost of
carrying out projects that assist families by providing,
through various mechanisms, wage replacement for eligi-
ble individuals that are responding to caregiving needs re-
sulting from the birth or adoption of a son or daughter
or other family caregiving needs. The Secretary shall make
the grants for periods of 5 years.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under this section, an entity shall be a State or polit-
ical subdivision of a State.
(c) USE OF FUNDS.—
(1) IN
GENERAL.—An entity that receives a
grant under this section may use the funds made
available through the grant to provide partial or full
wage replacement as described in subsection (a) to
eligible individuals—
(A) directly;
(B) through an insurance program, such
as a State temporary disability insurance pro-
gram or the State unemployment compensation
benefit program;
(C) through a private disability or other
insurance plan, or another mechanism provided
by a private employer; or
(D) through another mechanism.
(2) ADMINISTRATIVE
COSTS.—No entity may
use more than 10 percent of the total funds made
available through the grant during the 5-year period
of the grant to pay for the administrative costs re-
lating to a project described in subsection (a).
(d) ELIGIBLE INDIVIDUALS.—To be eligible to re-
ceive wage replacement under subsection (a), an individual
shall—
(1) meet such eligibility criteria as the eligible
entity providing the wage replacement may specify
in an application described in subsection (e); and
(2) be—
(A) an individual who is taking leave,
under the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), other Federal,
State, or local law, or a private plan, for a rea-
son described in subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1));
(B) at the option of the eligible entity, an
individual who—
(i) is taking leave, under that Act,
other Federal, State, or local law, or a pri-
vate plan, for a reason described in sub-
paragraph (C) or (D) of section 102(a)(1)
of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)); or
(ii) leaves employment because the in-
dividual has elected to care for a son or
daughter under age 1; or
(C) at the option of the eligible entity, an
individual with other characteristics specified by
the eligible entity in an application described in
subsection (e).
(e) APPLICATION.—To be eligible to receive a grant
under this section, an entity shall submit an application
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding, at a minimum—
(1) a plan for the project to be carried out with
the grant;
(2) information demonstrating that the appli-
cant consulted representatives of employers and em-
ployees, including labor organizations, in developing
the plan;
(3) estimates of the costs and benefits of the
project;
(4)(A) information on the number and type of
families to be covered by the project, and the extent
of such coverage in the area served under the grant;
and
(B) information on any criteria or characteris-
tics that the entity will use to determine whether an
individual is eligible for wage replacement under
subsection (a), as described in paragraphs (1) and
(2)(C) of subsection (d);
(5) if the project will expand on State and pri-
vate systems of wage replacement for eligible indi-
viduals, information on the manner in which the
project will expand on the systems;
(6) information demonstrating the manner in
which the wage replacement assistance provided
through the project will assist families in which an
individual takes leave as described in subsection
(d)(1); and
(7) an assurance that the applicant will partici-
pate in efforts to evaluate the effectiveness of the
project.
(f) SELECTION CRITERIA.—In selecting entities to re-
ceive grants for projects under this section, the Secretary
shall—
(1) take into consideration—
(A) the scope of the proposed projects;
(B) the cost-effectiveness, feasibility, and
financial soundness of the proposed projects;
(C) the extent to which the proposed
projects would expand access to wage replace-
ment in response to family caregiving needs,
particularly for low-wage employees, in the area
served by the grant; and
(D) the benefits that would be offered to
families and children through the proposed
projects; and
(2) to the extent feasible, select entities pro-
posing projects that utilize diverse mechanisms, in-
cluding expansion of State unemployment compensa-
tion benefit programs, and establishment or expan-
sion of State temporary disability insurance pro-
grams, to provide the wage replacement.
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the
cost described in subsection (a) shall be—
(A) 50 percent for the first year of the
grant period;
(B) 40 percent for the second year of that
period;
(C) 30 percent for the third year of that
period; and
(D) 20 percent for each subsequent year.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost may be in cash or in kind, fairly
evaluated, including plant, equipment, and services
and may be provided from State, local, or private
sources, or Federal sources other than this subtitle.
(h) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this subtitle shall be
used to supplement and not supplant other Federal, State,
and local public funds and private funds expended to pro-
vide wage replacement.
(i) EFFECT ON EXISTING RIGHTS.—Nothing in this
subtitle shall be construed to supersede, preempt, or other-
wise infringe on the provisions of any collective bargaining
agreement or any employment benefit program or plan
that provides greater rights to employees than the rights
established under this subtitle.
SEC. 505. EVALUATIONS AND REPORTS.
(a) AVAILABLE FUNDS.—The Secretary shall use not
more than 2 percent of the funds made available under
section 5 to carry out this section.
(b) EVALUATIONS.—The Secretary shall, directly or
by contract, evaluate the effectiveness of projects carried
out with grants made under section 5, including
conducting—
(1) research relating to the projects, including
research comparing—
(A) the scope of the projects, including the
type of insurance or other wage replacement
mechanism used, the method of financing used,
the eligibility requirements, the level of the
wage replacement benefit provided (such as the
percentage of salary replaced), and the length
of the benefit provided, for the projects;
(B) the utilization of the projects, includ-
ing the characteristics of individuals who ben-
efit from the projects, particularly low-wage
workers, and factors that determine the ability
of eligible individuals to obtain wage replace-
ment through the projects; and
(C) the costs of and savings achieved by
the projects, including the cost-effectiveness of
the projects and their benefits for children and
families;
(2) analysis of the overall need for wage re-
placement; and
(3) analysis of the impact of the projects on the
overall availability of wage replacement.
(c) REPORTS.—
(1) INITIAL REPORT.—Not later than 3 years
after the beginning of the grant period for the first
grant made under section 5, the Secretary shall pre-
pare and submit to Congress a report that contains
information resulting from the evaluations conducted
under subsection (b).
(2) SUBSEQUENT REPORTS.—Not later than 4
years after the beginning of that grant period, and
annually thereafter, the Secretary shall prepare and
submit to Congress a report that contains—
(A) information resulting from the evalua-
tions conducted under subsection (b); and
(B) usage data for the demonstration
projects, for the most recent year for which
data are available.
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $400,000,000 for fiscal year 2002 and such
sums as may be necessary for each subsequent fiscal year.
Subtitle B—Family Friendly
Workplaces
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ‘‘Family and Med-
ical Leave Fairness Act of 2001’’.
SEC. 512. COVERAGE OF EMPLOYEES.
Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2611(2)(B)(ii) and (4)(A)(i)) are amended by striking
‘‘50’’ each place it appears and inserting ‘‘25’’.
Subtitle C—Time for Schools
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ‘‘Time for Schools
Act of 2001’’.
SEC. 522. GENERAL REQUIREMENTS FOR LEAVE.
(a) ENTITLEMENT TO LEAVE.—Section 102(a) of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)) is amended by adding at the end the following:
‘‘(3) ENTITLEMENT TO SCHOOL INVOLVEMENT
LEAVE.—
‘‘(A) IN
GENERAL.—Subject to section
103(f), an eligible employee shall be entitled to
a total of 24 hours of leave during any 12-
month period to participate in an academic ac-
tivity of a school of a son or daughter of the
employee, such as a parent-teacher conference
or an interview for a school, or to participate in
literacy training under a family literacy pro-
gram.
‘‘(B) DEFINITIONS.—In this paragraph:
‘‘(i) FAMILY
LITERACY
PROGRAM.—
The term ‘family literacy program’ means
a program of services that are of sufficient
intensity in terms of hours, and of suffi-
cient 
duration, 
to 
make 
sustainable
changes in a family and that integrate all
of the following activities:
‘‘(I) Interactive literacy activities
between parents and their sons and
daughters.
‘‘(II) Training for parents on
how to be the primary teacher for
their sons and daughters and full
partners in the education of their sons
and daughters.
‘‘(III) Parent literacy training.
‘‘(IV) An age-appropriate edu-
cation program for sons and daugh-
ters.
‘‘(ii) LITERACY.—The term ‘literacy’,
used with respect to an individual, means
the ability of the individual to speak, read,
and write English, and compute and solve
problems, 
at 
levels 
of 
proficiency
necessary—
‘‘(I) to function on the job, in the
family of the individual, and in soci-
ety;
‘‘(II) to achieve the goals of the
individual; and
‘‘(III) to develop the knowledge
potential of the individual.
‘‘(iii) SCHOOL.—The term ‘school’
means an elementary school or secondary
school (as such terms are defined in sec-
tion 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
8801)), a Head Start program assisted
under the Head Start Act (42 U.S.C. 9831
et seq.), and a child care facility operated
by a provider who meets the applicable
State or local government licensing, certifi-
cation, approval, or registration require-
ments, if any.
‘‘(4) LIMITATION.—No employee may take
more than a total of 12 workweeks of leave under
paragraphs (1) and (3) during any 12-month pe-
riod.’’.
(b) SCHEDULE.—Section 102(b)(1) of such Act (29
U.S.C. 2612(b)(1)) is amended by inserting after the sec-
ond sentence the following: ‘‘Leave under subsection
(a)(3) may be taken intermittently or on a reduced leave
schedule.’’.
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is
amended by inserting before the period the following: ‘‘,
or for leave provided under subsection (a)(3) for any part
of the 24-hour period of such leave under such sub-
section’’.
(d) NOTICE.—Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended by adding at the end the following:
‘‘(3) NOTICE
FOR
SCHOOL
INVOLVEMENT
LEAVE.—In any case in which the necessity for leave
under subsection (a)(3) is foreseeable, the employee
shall provide the employer with not less than 7 days’
notice, before the date the leave is to begin, of the
employee’s intention to take leave under such sub-
section. If the necessity for the leave is not foresee-
able, the employee shall provide such notice as is
practicable.’’.
(e) CERTIFICATION.—Section 103 of such Act (29
U.S.C. 2613) is amended by adding at the end the fol-
lowing:
‘‘(f) CERTIFICATION
FOR SCHOOL INVOLVEMENT
LEAVE.—An employer may require that a request for
leave under section 102(a)(3) be supported by a certifi-
cation issued at such time and in such manner as the Sec-
retary may by regulation prescribe.’’.
SEC. 523. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERV-
ICE EMPLOYEES.
(a) ENTITLEMENT TO LEAVE.—Section 6382(a) of
title 5, United States Code, is amended by adding at the
end the following:
‘‘(3)(A) Subject to section 6383(f), an employee shall
be entitled to a total of 24 hours of leave during any 12-
month period to participate in an academic activity of a
school of a son or daughter of the employee, such as a
parent-teacher conference or an interview for a school, or
to participate in literacy training under a family literacy
program.
‘‘(B) In this paragraph:
‘‘(i) The term ‘family literacy program’ means
a program of services that are of sufficient intensity
in terms of hours, and of sufficient duration, to
make sustainable changes in a family and that inte-
grate all of the following activities:
‘‘(I) Interactive literacy activities between
parents and their sons and daughters.
‘‘(II) Training for parents on how to be
the primary teacher for their sons and daugh-
ters and full partners in the education of their
sons and daughters.
‘‘(III) Parent literacy training.
‘‘(IV) An age-appropriate education pro-
gram for sons and daughters.
‘‘(ii) The term ‘literacy’, used with respect to
an individual, means the ability of the individual to
speak, read, and write English, and compute and
solve problems, at levels of proficiency necessary—
‘‘(I) to function on the job, in the family
of the individual, and in society;
‘‘(II) to achieve the goals of the individual;
and
‘‘(III) to develop the knowledge potential
of the individual.
‘‘(iii) The term ‘school’ means an elementary
school or secondary school (as such terms are de-
fined in section 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801)), a
Head Start program assisted under the Head Start
Act (42 U.S.C. 9831 et seq.), and a child care facil-
ity operated by a provider who meets the applicable
State or local government licensing, certification, ap-
proval, or registration requirements, if any.
‘‘(4) No employee may take more than a total of 12
workweeks of leave under paragraphs (1) and (3) during
any 12-month period.’’.
(b) SCHEDULE.—Section 6382(b)(1) of such title is
amended by inserting after the second sentence the fol-
lowing: ‘‘Leave under subsection (a)(3) may be taken
intermittently or on a reduced leave schedule.’’.
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section
6382(d) of such title is amended by inserting before ‘‘,
except’’ the following: ‘‘, or for leave provided under sub-
section (a)(3) any of the employee’s accrued or accumu-
lated annual leave under subchapter I for any part of the
24-hour period of such leave under such subsection’’.
(d) NOTICE.—Section 6382(e) of such title is amend-
ed by adding at the end the following:
‘‘(3) In any case in which the necessity for leave
under subsection (a)(3) is foreseeable, the employee shall
provide the employing agency with not less than 7 days’
notice, before the date the leave is to begin, of the employ-
ee’s intention to take leave under such subsection. If the
necessity for the leave is not foreseeable, the employee
shall provide such notice as is practicable.’’.
(e) CERTIFICATION.—Section 6383 of such title is
amended by adding at the end the following:
‘‘(f) An employing agency may require that a request
for leave under section 6382(a)(3) be supported by a cer-
tification issued at such time and in such manner as the
Office of Personnel Management may by regulation pre-
scribe.’’.
SEC. 524. EFFECTIVE DATE.
This subtitle takes effect 120 days after the date of
enactment of this Act.
Subtitle D—Employment
Protection for Battered Women
SEC. 531. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR NON-FEDERAL EM-
PLOYEES.
(a) DEFINITIONS.—Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended
by adding at the end the following:
‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND
ITS EFFECTS.—The term ‘addressing domestic vio-
lence and its effects’ means—
‘‘(A) being unable to attend or perform
work due to an incident of domestic violence;
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence;
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal pro-
ceeding, related to domestic violence;
‘‘(D) obtaining services from a domestic vi-
olence shelter or program or rape crisis center
as a result of domestic violence;
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence;
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation; and
‘‘(G) participating in any other activity ne-
cessitated by domestic violence that must be un-
dertaken during the hours of employment in-
volved.
‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ means domestic violence, and dating vio-
lence, as such terms are defined in section 2105 of
the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh–4).’’.
(b) LEAVE REQUIREMENT.—Section 102 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is
amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daugh-
ter, or parent of the employee, if such son,
daughter, or parent is addressing domestic vio-
lence and its effects.
‘‘(F) Because the employee is addressing
domestic violence and its effects, which make
the employee unable to perform the functions of
the position of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an eligible employee intermittently or on a
reduced leave schedule. The taking of leave intermit-
tently or on a reduced leave schedule pursuant to
this paragraph shall not result in a reduction in the
total amount of leave to which the employee is enti-
tled under subsection (a) beyond the amount of leave
actually taken.’’; and
(3) in subsection (d)(2)(B), by striking ‘‘(C) or
(D)’’ and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613), as amended
by section 522(e), is further amended—
(1) in the title of the section, by inserting be-
fore the period the following: ‘‘; CONFIDEN-
TIALITY’’; and
(2) by adding at the end the following:
‘‘(g) DOMESTIC VIOLENCE.—In determining if an
employee meets the requirements of subparagraph (E) or
(F) of section 102(a)(1), the employer of an employee may
require the employee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, an employee of a
domestic violence program, an attorney, a member
of the clergy, or a medical or other professional,
from whom the employee has sought assistance in
addressing domestic violence and its effects; or
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
domestic violence, such as a photograph, torn or
bloody clothing, or any other damaged property.
‘‘(h) CONFIDENTIALITY.—All evidence provided to
the employer under subsection (g) of domestic violence ex-
perienced by an employee or the son, daughter, or parent
of an employee, including a statement of an employee, any
other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose
of addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employer, except
to the extent that disclosure is requested, or consented to,
by the employee for the purpose of—
‘‘(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
‘‘(2) assisting in documenting domestic violence
for a court or agency.’’.
SEC. 532. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR FEDERAL EMPLOY-
EES.
(a) DEFINITIONS.—Section 6381 of title 5, United
States Code, is amended—
(1) at the end of paragraph (5), by striking
‘‘and’’;
(2) in paragraph (6), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(7) the term ‘addressing domestic violence and
its effects’ has the meaning given the term in section
101 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611); and
‘‘(8) the term ‘domestic violence’ means domes-
tic violence, and dating violence, as such terms are
defined in section 2105 of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C.
3796hh–4).’’.
(b) LEAVE REQUIREMENT.—Section 6382 of title 5,
United States Code, is amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daughter, or
parent of the employee, if such son, daughter, or
parent is addressing domestic violence and its ef-
fects.
‘‘(F) Because the employee is addressing do-
mestic violence and its effects, which make the em-
ployee unable to perform the functions of the posi-
tion of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an employee intermittently or on a reduced
leave schedule. The taking of leave intermittently or
on a reduced leave schedule pursuant to this para-
graph shall not result in a reduction in the total
amount of leave to which the employee is entitled
under subsection (a) beyond the amount of leave ac-
tually taken.’’; and
(3) in subsection (d), by striking ‘‘(C), or (D)’’
and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 6383 of title 5, United
States Code, as amended by section 523(e), is further
amended—
(1) in the title of the section, by adding at the
end the following: ‘‘; confidentiality’’; and
(2) by adding at the end the following:
‘‘(g) In determining if an employee meets the require-
ments of subparagraph (E) or (F) of section 6382(a)(1),
the employing agency of an employee may require the em-
ployee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, an employee of a
domestic violence program, an attorney, a member
of the clergy, or a medical or other professional,
from whom the employee has sought assistance in
addressing domestic violence and its effects; or
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
domestic violence, such as a photograph, torn or
bloody clothing, or other damaged property.
‘‘(h) All evidence provided to the employing agency
under subsection (g) of domestic violence experienced by
an employee or the son, daughter, or parent of an em-
ployee, including a statement of an employee, any other
documentation or corroborating evidence, and the fact
that an employee has requested leave for the purpose of
addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employing agen-
cy, except to the extent that disclosure is requested, or
consented to, by the employee for the purpose of—
‘‘(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
‘‘(2) assisting in documenting domestic violence
for a court or agency.’’.
SEC. 533. EXISTING LEAVE USABLE FOR DOMESTIC VIO-
LENCE.
(a) DEFINITIONS.—In this section:
(1) ADDRESSING DOMESTIC VIOLENCE AND ITS
EFFECTS.—The term ‘‘addressing domestic violence
and its effects’’ has the meaning given the term in
section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611), as amended in section
531(a).
(2) EMPLOYEE.—The term ‘‘employee’’ means
any person employed by an employer. In the case of
an individual employed by a public agency, such
term means an individual employed as described in
section 3(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(e)).
(3) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting
commerce who employs individuals, if such per-
son is also subject to the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) or
to any provision of a State or local law, collec-
tive bargaining agreement, or employment bene-
fits program or plan, addressing paid or unpaid
leave from employment (including family, med-
ical, sick, annual, personal, or similar leave);
and
(B) includes any person acting directly or
indirectly in the interest of an employer in rela-
tion to any employee, and includes a public
agency, who is subject to a law, agreement, pro-
gram, or plan described in subparagraph (A),
but does not include any labor organization
(other than when acting as an employer) or
anyone acting in the capacity of officer or agent
of such labor organization.
(4) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ has the meaning given the term
in section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611).
(5) PARENT; SON OR DAUGHTER.—The terms
‘‘parent’’ and ‘‘son or daughter’’ have the meanings
given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
(6) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(b) USE OF EXISTING LEAVE.—An employee who is
entitled to take paid or unpaid leave (including family,
medical, sick, annual, personal, or similar leave) from em-
ployment, pursuant to State or local law, a collective bar-
gaining agreement, or an employment benefits program or
plan, shall be permitted to use such leave for the purpose
of addressing domestic violence and its effects, or for the
purpose of caring for a son or daughter or parent of the
employee, if such son or daughter or parent is addressing
domestic violence and its effects.
(c) CERTIFICATION.—In determining whether an em-
ployee qualifies to use leave as described in subsection (b),
an employer may require a written statement, documenta-
tion of domestic violence, or corroborating evidence con-
sistent with section 103(g) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613(g)), as amended by
section 531(c).
(d) CONFIDENTIALITY.—All evidence provided to the
employer under subsection (c) of domestic violence experi-
enced by an employee or the son or daughter or parent
of the employee, including a statement of an employee,
any other documentation or corroborating evidence, and
the fact that an employee has requested leave for the pur-
pose of addressing, or caring for a son or daughter or par-
ent who is addressing, domestic violence and its effects,
shall be retained in the strictest confidence by the em-
ployer, except to the extent that disclosure is requested,
or consented to, by the employee for the purpose of—
(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
(2) assisting in documenting domestic violence
for a court or agency.
(e) PROHIBITED ACTS.—
(1) INTERFERENCE WITH RIGHTS.—
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to
exercise, any right provided under this section.
(B) DISCRIMINATION.—It shall be unlaw-
ful for any employer to discharge or in any
other manner discriminate against an individual
for opposing any practice made unlawful by this
section.
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate against
any individual because such individual—
(A) has filed any charge, or had instituted
or caused to be instituted any proceeding,
under or related to this section;
(B) has given, or is about to give, any in-
formation in connection with any inquiry or
proceeding relating to any right provided under
this section; or
(C) has testified, or is about to testify, in
any inquiry or proceeding relating to any right
provided under this section.
(f) ENFORCEMENT.—
(1) PUBLIC ENFORCEMENT.—The Secretary of
Labor shall have the powers set forth in subsections
(b), (c), (d), and (e) of section 107 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2617)
for the purpose of public agency enforcement of any
alleged violation of subsection (e) against any em-
ployer.
(2) PRIVATE
ENFORCEMENT.—The remedies
and procedures set forth in section 107(a) of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2617(a)) shall be the remedies and procedures pur-
suant to which an employee may initiate a legal ac-
tion against an employer for alleged violations of
subsection (e).
(3) REFERENCES.—For purposes of paragraph
(1) and (2), references in section 107 of the Family
and Medical Leave Act of 1993 to section 105 of
such Act shall be considered to be references to sub-
section (e).
(4) 
EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other Federal
or State law, including a law providing for a legal
remedy.
Æ