[Congressional Record Volume 159, Number 41 (Wednesday, March 20, 2013)]
[Senate]
[Pages S2028-S2035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SCHATZ:
  S. 618. A bill to require the Secretary of the Interior to conduct 
certain special resource studies; to the Committee on Energy and 
Natural Resources.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 618

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pacific Islands Parks Act of 
     2013''.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

     SEC. 3. SPECIAL RESOURCE STUDIES.

       (a) Study.--
       (1) In general.--The Secretary shall conduct a special 
     resource study of each of the following sites:
       (A) The Ka`u Coast on the island of Hawaii, Hawaii.
       (B) The northern coast of Maui, Hawaii.
       (C) The southeastern coast of Kauai, Hawaii.
       (D) Historic sites on Midway Atoll.
       (E) On request of the Governor of the Commonwealth of the 
     Northern Mariana Islands, the island of Rota in the 
     Commonwealth of the Northern Mariana Islands.
       (2) Contents.--In conducting each study required under 
     paragraph (1), the Secretary shall--
       (A) evaluate the national significance of the site and the 
     area surrounding the site;
       (B) determine the suitability and feasibility of 
     designating the site as a unit of the National Park System;
       (C) consider other alternatives for preservation, 
     protection, and interpretation of the site by Federal, State, 
     or local governmental entities or private and nonprofit 
     organizations;
       (D) consult with any interested Federal, State, or local 
     governmental entities, private and nonprofit organizations, 
     or individuals; and
       (E) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under the study.
       (b) Updates.--
       (1) In general.--The Secretary shall update the study 
     authorized by section 326(b)(3)(N) of the National Park 
     Service Studies Act of 1999 (as enacted in title III of 
     Appendix C of Public Law 106-113; 113 Stat. 1501A-195) 
     relating to World War II sites in the Republic of Palau.
       (2) Contents.--In updating the study described in paragraph 
     (1), the Secretary shall--
       (A) determine whether conditions have changed to justify 
     designating the site as a unit of the National Park System;
       (B) consider other alternatives for preservation, 
     protection, and interpretation of the site by Federal, State, 
     or local governmental entities or private and nonprofit 
     organizations;
       (C) consult with any interested Federal, State, or local 
     governmental entities, private and nonprofit organizations, 
     or individuals; and
       (D) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under the study.
       (c) Applicable Law.--The studies and updates to the study 
     required under section shall be conducted in accordance with 
     section 8 of the National Park System General Authorities Act 
     (16 U.S.C. 1a-5).
       (d) Report.--Not later than 3 years after the date on which 
     funds are first made available for the studies and updates to 
     the study under this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that describes--
       (1) the results of each study and updates to the study; and
       (2) any conclusions and recommendations of the Secretary 
     based on the results described in paragraph (1).

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act such sums as are necessary.
                                 ______
                                 
      By Mr. PAUL (for himself and Mr. Leahy):
  S. 619. A bill to amend title 18, United States Code, to prevent 
unjust and irrational criminal punishments; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, today I join with Senator Paul to introduce 
the Justice Safety Valve Act of 2013, which will start to take on the 
problem of the ever-increasing Federal prison population and spiraling 
costs that spend more and more of our justice budget on keeping people 
in prison, thereby reducing opportunities to do more to keep our 
communities safe. This bill will combat injustice in Federal sentencing 
and the waste of taxpayer dollars by allowing judges appropriate 
discretion in sentencing.
  As a former prosecutor, I understand that criminals must be held 
accountable and that long sentences are sometimes necessary to keep 
violent criminals off the street and deter those who would commit 
violent crime. I have come to believe, however, that mandatory minimum 
sentences do more harm than good. As Justice Kennedy said, ``In too 
many cases, mandatory minimum sentences are unwise and unjust.''
  Currently a ``safety valve'' provision allows low-level drug 
offenders to avoid mandatory minimum penalties if certain conditions 
are met. The bill we introduce today would extend that safety valve to 
all Federal crimes subject to mandatory minimum penalties, allowing a 
judge to impose a sentence other than a statutorily designated 
mandatory sentence in cases in which key factors are present. The judge 
would be required to provide notice to the parties and to state in 
writing the reasons justifying the alternative sentence.
  The United States has a mass incarceration problem. Between 1970 and 
2010, the number of people incarcerated grew by 700 percent. Although 
the United States has only 5 percent of the world's population, we 
incarcerate almost a quarter of its prisoners. At the end of 2011, 2.2 
million people were in jail or prison in the United States. That means 
we incarcerate roughly 1 in every 100 adults.
  As of last week, the Federal prison population was over 217,000. 
Almost half of those men and women are imprisoned on drug charges. 
Compare this with 1980, when the Federal prison population was just 
25,000. Since 2000 alone, the Federal prison population has increased 
by 55 percent.
  As more and more people are incarcerated for longer and longer, the 
resulting costs have placed an enormous strain on the Justice 
Department's budget and have at the same time severely limited the 
ability to enact policies that prevent crimes effectively and 
efficiently. At a time when our economy has been struggling to recover 
from the worst recession in the last 75 years and our budget is 
limited, we must look at the wasteful spending that occurs with 
overincarceration.
  At the federal level, over the last 5 years, our prison budget has 
grown by nearly $2 billion. In 2007, we spent approximately $5.1 
billion on Federal prisons. Last year, the Federal Bureau of Prisons 
requested more than $6.8 billion. That means less money for Federal law 
enforcement, less aid to State and local law enforcement, and less 
funding for crime prevention programs and prisoner reentry programs. In 
short, we have less to spend on the kinds of programs that evidence has 
shown work best to keep crime rates down. Building more prisons and 
locking people up for longer and longer--especially nonviolent 
offenders--is not the best use of taxpayer money and is, in fact, an 
ineffective means of keeping our communities safe.
  The proliferation of Federal mandatory minimum sentences is not the 
only factor driving the increase in incarceration rates, but it is an 
important factor. The number of mandatory minimum penalties in the 
Federal code nearly doubled from 1991 to 2011. Even those defendants 
not subject to mandatory minimums have seen their penalties increase as 
a result of mandatory penalties being incorporated into the U.S. 
sentencing guidelines.
  In addition to driving up our prison population, mandatory minimum 
penalties can lead to terribly unjust results in individual cases. This 
is why a large majority of judges oppose mandatory minimum sentences. 
In a 2010 survey by the U.S. Sentencing Commission of more than 600 
Federal district court judges, nearly 70 percent agreed that the 
existing safety valve provision should be extended to all Federal 
offenses. That is what our bill does.

[[Page S2029]]

Judges, who hand down sentences and can see close up when they are 
appropriate and just, overwhelmingly oppose mandatory minimum 
sentences.
  Congress has too often moved in the wrong direction by imposing new 
mandatory minimum sentences unsupported by evidence while failing to 
reauthorize crucial programs like the Second Chance Act to rehabilitate 
prisoners who will be released to rejoin our communities. Our reliance 
on mandatory minimums has been a great mistake. I am not convinced it 
has reduced crime, but I am convinced it has imprisoned people, 
particularly nonviolent offenders, for far longer than is just or 
beneficial. It is time for us to let judges go back to acting as judges 
and making decisions based on the individual facts before them. A one-
size-fits-all approach to sentencing does not make us safer.
  This is a bipartisan issue. Sentencing reform works. States, 
including very conservative States such as Texas, that have implemented 
sentencing reform have saved money and seen their crime rates drop.
  I thank Senator Paul for his dedication to this cause and for working 
with me on this legislation. I hope other Senators will join us in 
advancing this legislation and ensuring that taxpayer dollars are used 
more efficiently to better prevent crime rather than simply building 
more prisons.
                                 ______
                                 
      By Mr. CORNYN:
  S. 620. A bill to withhold the salary of the Director of OMB upon 
failure to submit the President's budget to Congress as required by 
section 1105 of title 31, United States Code; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. CORNYN. Mr. President, I rise to introduce the No Budget No OMB 
Pay Act of 2013.
  The No Budget No OMB Pay Act of 2013 will prohibit paying the 
salaries of the OMB Director, the Deputy Director of OMB, and the 
Deputy Director for Management of OMB for any period of time that the 
President is late in meeting his statutory requirement of submitting a 
budget by the first Monday of February.
  As many of my colleagues know, it has been over 1,400 days since the 
Senate has passed a budget. It is certainly progress that the Majority 
has decided to finally put forward a budget and that the Senate will be 
able to debate and amend a budget--a budget that raises taxes by $1.5 
trillion, increases Washington spending by 62 percent, and fails to 
balance the budget anytime in the next ten years.
  Unfortunately, for the first time in recent memory, Congress is 
acting before receiving the President's budget. According to a recent 
headline in the March 11, 2013 edition of the National Journal this is 
unprecedented and is a break from a 92-year tradition of having the 
President exercise leadership in the budget process.
  Current law requires the President to send his budget by the first 
Monday of February. But President Obama has ignored this requirement. 
In fact, he has missed the statutory deadline four out of five times. 
This year he was required to issue his budget proposal on February 4, 
2013. But he missed this deadline. So while the Senate is finally 
acting, it has been 44 days since the President has failed to live up 
to his commitment.
  We know that for Congress to get paid, it must live up to its 
responsibilities and pass a budget. The OMB Director and other high-
level OMB officials also have obligations to meet. After all, these 
officials are responsible for putting together the President's budget. 
Both the executive and legislative branch share responsibility when it 
comes to the federal budget. But without Presidential leadership 
Washington spending will remain out of control. Taxpayers deserve 
better. They deserve accountability.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 620

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Budget, No OMB Pay Act of 
     2013''.

     SEC. 2. DETERMINATION OF COMPLIANCE WITH STATUTORY 
                   REQUIREMENT TO SUBMIT THE PRESIDENT'S BUDGET.

       Not later than 3 days after the President's budget is due, 
     the Inspector General of the Office of Personnel Management 
     shall--
       (1) make an annual determination of whether the Director of 
     the Office of Management and Budget (OMB) and the President 
     are in compliance with section 1105 of title 31, United 
     States Code; and
       (2) provide a written notification of such determination to 
     the Chairpersons of the Committee on the Budget and the 
     Committee on Appropriations of the Senate and the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the House of Representatives.

     SEC. 3. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S 
                   BUDGET TO CONGRESS.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of the 
     Director of OMB, Deputy Director of OMB, and the Deputy 
     Director for Management of OMB during any period of 
     noncompliance determined by the Inspector General of the 
     Office of Personnel Management under section 2.
       (b) No Retroactive Pay.--The Director of OMB, Deputy 
     Director of OMB, and the Deputy Director for Management of 
     OMB may not receive pay for any period of noncompliance 
     determined by the Inspector General of the Office of 
     Personnel Management under section 2 at any time after the 
     end of that period.

     SEC. 4. EFFECTIVE DATE.

       This Act shall take effect upon the date of enactment of 
     this Act.
                                 ______
                                 
      By Mr. HARKIN (for himself, Ms. Mikulski, Mrs. Murray, Mr. Casey, 
        Mr. Franken, Mr. Whitehouse, Mr. Murphy, Ms. Warren, Mr. Levin, 
        Mr. Durbin, Mr. Schumer, Mr. Lautenberg, Mr. Brown, Mr. 
        Merkley, Mrs. Gillibrand, Mr. Blumenthal, Ms. Hirono, and Mr. 
        Cowan):
  S. 631. A bill to allow Americans to earn paid sick time so that they 
can address their own health needs and the health needs of their 
families; to the Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, 10 years ago, Senator Ted Kennedy first 
introduced the Healthy Families Act. This landmark legislation 
addressed a problem that so many working families struggle with each 
and every day--how do I balance my job responsibilities with my health 
and the health of my family? The Healthy Families Act sought to make 
that difficult juggling act a little bit easier by ensuring that 
hardworking people have access to paid sick days. At the time, 
supporters of the bill, myself included, argued that families were 
under increasing strain, with rising costs, stagnant wages, and 
disappearing job security. We argued that families were forced to make 
impossible choices between their jobs and their families. We pledged 
that working families deserved better.
  Today, a decade later, the circumstances facing working families are 
even more challenging: Americans are still struggling to get by. Wages 
are still stagnant, job security is even more tenuous, and too many 
workers struggle with whether to give up a paycheck or put their jobs 
at risk whenever a child has an asthma attack or an elderly parent 
comes down with the flu. Ten years later, working families still 
deserve better.
  Today, 10 years later, almost 40 percent of American workers, 
including \2/3\ of low-wage workers, don't have the ability to earn 
even a single paid sick day. For these workers, missing work due to an 
illness, injury, or doctor's appointment can mean putting their job and 
their family's financial security in jeopardy. As a consequence, many 
of these workers have no choice but to report to work sick or send 
their children to school or day care sick--which puts public health in 
jeopardy as well.
  Health officials urge people with contagious illnesses to stay home 
from work to avoid spreading disease. But workers in industries with 
the most intensive contact with the public, such as food service and 
hospitality, are the least likely to have paid sick days. In 2010, 
three-quarters of food service workers lacked paid sick days. So not 
surprisingly, nearly two-thirds of restaurant workers have reported 
cooking or serving food while sick. Similarly, most personal care and 
service jobs, like child care workers and elder care workers, work with 
vulnerable populations but are unable to take a sick day without 
risking their jobs or paychecks. This has clear implications for

[[Page S2030]]

public health. In fact, a recent study found that a lack of workplace 
policies including paid sick days contributed to an additional 5 
million cases of influenza-like illness during the H1N1 outbreak in 
2009.
  It doesn't have to be this way. We can give working people the tools 
they need to protect their families' health and economic well-being 
while also safeguarding the public health.
  This is why Congresswoman Rosa DeLauro and I are reintroducing the 
Healthy Families Act, which would allow U.S. workers to earn up to 
seven paid sick days per year to recover from short-term illness, care 
for a sick family member, seek routine medical care, or seek help if 
they are victims of domestic violence. This important legislation will 
provide much-needed security for hardworking families struggling to 
balance the obligations of work and family. It will improve public 
health and decrease health costs by preventing the spread of disease 
and giving employees better options for obtaining preventive care and 
treatment. It will also help victims of domestic violence to protect 
their families and their futures.
  Providing paid sick days to workers will be good for working people 
and their families, and good for our businesses and our economy as 
well. Allowing workers to attend to their own health or their families' 
health fosters good will and loyalty toward employers, and boosts 
morale and productivity in the workplace. In fact, 70 percent of lost 
productivity due to illness is not attributed to absent workers but 
rather to ``presenteeism,'' the practice of employees working while 
sick, infecting their colleagues, and being less productive themselves. 
Businesses whose workers have paid sick days will also benefit from 
reduced turnover--and its high associated costs--when workers can hold 
on to their jobs. Paid sick days can also help reduce occupational 
injuries. In fact, a recent study found that workers with access to 
paid sick leave were 28 percent less likely than workers without paid 
sick leave to suffer nonfatal occupational injuries. Employers 
themselves are beginning to recognize the positive effects of paid sick 
days. Five years after paid sick days were implemented in San 
Francisco, \2/3\ of employers surveyed said they were ``supportive'' of 
paid sick days, while one third said they were ``very supportive.''
  Ensuring that workers have paid sick days will also reduce health 
care costs, by helping ensure that workers get timely care including 
preventive care, before medical issues become acute. A 2011 study shows 
that a universal paid sick days policy would reduce preventable visits 
to the emergency room and result in cost savings of $1.1 billion per 
year, including $500 million in savings for public health insurance 
like Medicaid. And a 2012 study showed that workers with paid sick 
leave were more likely to get cancer screenings, including a mammogram, 
Pap test, or endoscopy, and they were more likely to have visited a 
doctor in the previous year than workers without paid sick leave.
  One more very important benefit; paid sick days will allow workers 
peace of mind and financial security. They won't face a lost paycheck 
or a lengthy job search each time they become ill. They won't face 
reduced income and have to cut back on their spending on food, 
medicine, and other necessities bought in their local communities. 
Working people will have the security of knowing that if illness 
strikes, they will be able to tend to their families without losing 
their jobs or their paychecks.
  I thank my colleagues who are joining me today as original cosponsors 
of this critically important legislation, and I encourage all Senators 
to join us in supporting the Healthy Families Act. This bill is no less 
important today than it was when it was first introduced by my friend, 
the late Senator Ted Kennedy, a decade ago. Knowing that 10 years have 
gone by and workers around the country have still not secured paid sick 
days should not discourage us. It should strengthen our resolve to see 
this basic right afforded to all working Americans and their families.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 631

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Working Americans need time to meet their own health 
     care needs and to care for family members, including their 
     children, spouse, domestic partner, parents (including 
     parents-in-law), and other children and adults for whom they 
     are caregivers.
       (2) Health care needs include preventive health care, 
     diagnostic procedures, medical treatment, and recovery in 
     response to short- and long-term illnesses and injuries.
       (3) Providing employees time off to meet health care needs 
     ensures that they will be healthier in the long run. 
     Preventive care helps avoid illnesses and injuries and 
     routine medical care helps detect illnesses early and shorten 
     their duration. A 2012 study published by BioMed Central 
     Public Health of results of the National Health Interview 
     Survey found that lack of paid sick leave is a barrier to 
     receiving cancer screenings and preventive care. Workers with 
     paid sick leave were more likely to have a mammogram, Pap 
     test, or endoscopy, and were more likely to have visited a 
     doctor in the previous year, than workers without paid sick 
     leave, even when the results were adjusted for 
     sociodemographic factors.
       (4) When parents are available to care for their children 
     who become sick, children recover faster, more serious 
     illnesses are prevented, and children's overall mental and 
     physical health improve. In a 2009 study published in the 
     American Journal of Public Health, 81 percent of parents of a 
     child with special health care needs reported that taking 
     leave from work to be with their child had a ``good'' or 
     ``very good'' effect on their child's physical health. 
     Similarly, 85 percent of parents of such a child found that 
     taking such leave had a ``good'' or ``very good'' effect on 
     their child's emotional health.
       (5) When parents cannot afford to miss work and must send 
     children with contagious illnesses to child care centers or 
     schools, infection can spread rapidly through child care 
     centers and schools.
       (6) Providing paid sick time improves public health by 
     reducing infectious disease. Policies that make it easier for 
     sick adults and children to be isolated at home reduce the 
     spread of infectious disease. A 2012 study published in the 
     American Journal of Public Health found that a lack of 
     workplace policies like paid sick days contributed to an 
     additional 5,000,000 cases of influenza-like illness during 
     the H1N1 pandemic of 2009.
       (7) Routine medical care reduces medical costs by detecting 
     and treating illness and injury early, decreasing the need 
     for emergency care. These savings benefit public and private 
     payers of health insurance, including private businesses. A 
     2011 study by the Institute for Women's Policy Research found 
     that a universal paid sick days policy would reduce 
     preventable visits to the emergency room and result in cost 
     savings of $1,100,000,000 per year, including $500,000,000 in 
     savings for public health insurance like Medicaid.
       (8) The provision of individual and family sick time by 
     large and small businesses, both here in the United States 
     and elsewhere, demonstrates that policy solutions are both 
     feasible and affordable in a competitive economy. A 2009 
     study by the Center for Economic and Policy Research found 
     that, of 22 countries with comparable economies, the United 
     States was 1 of only 3 countries that did not provide any 
     paid time off for workers with short-term illnesses.
       (9) Measures that ensure that employees are in good health 
     and do not need to worry about unmet family health problems 
     help businesses by promoting productivity and reducing 
     employee turnover.
       (10) The American Productivity Audit completed in 2003 
     found that lost productivity due to illness costs 
     $226,000,000,000 annually, and that 71 percent of that cost 
     stems from presenteeism, the practice of employees coming to 
     work despite illness. Studies in the Journal of Occupational 
     and Environmental Medicine, the Employee Benefit News, and 
     the Harvard Business Review show that presenteeism is a 
     larger productivity drain than either absenteeism or short-
     term disability.
       (11) Working while sick also increases a worker's 
     probability of suffering an injury on the job. A 2012 study 
     published by the American Journal of Public Health found that 
     workers with access to paid sick leave were 28 percent less 
     likely than workers without paid sick leave to suffer 
     nonfatal occupational injuries.
       (12) The absence of paid sick time has forced Americans to 
     make untenable choices between needed income and jobs on the 
     one hand and caring for their own and their family's health 
     on the other.
       (13) Nearly 40 percent of the private sector workforce, and 
     25 percent of the public sector workforce, lacks paid sick 
     time. Another 4,000,000 theoretically have access to sick 
     time, but have not been on the job long enough to use it. 
     Millions more lack sick time they can use to care for a sick 
     child or ill family member.
       (14)(A) Workers' access to paid sick time varies 
     dramatically by wage level.

[[Page S2031]]

       (B) For private sector workers--
       (i) for workers in the lowest quartile of earners, 71 
     percent lack paid sick time;
       (ii) for workers in the next 2 quartiles, 36 and 25 
     percent, respectively, lack paid sick time; and
       (iii) even for workers in the highest quartile, 16 percent 
     lack paid sick time.
       (C) For public sector workers--
       (i) for workers in the lowest quartile of earners, 25 
     percent lack paid sick time;
       (ii) for workers in the next 2 quartiles, 7 percent lack 
     paid sick time; and
       (iii) for workers in the highest quartile, 2 percent lack 
     paid sick time.
       (D) In addition, millions of workers cannot use paid sick 
     time to care for ill family members.
       (15) Due to the roles of men and women in society, the 
     primary responsibility for family caregiving often falls on 
     women, and such responsibility affects the working lives of 
     women more than it affects the working lives of men.
       (16) An increasing number of men are also taking on 
     caregiving obligations, and men who request paid time for 
     caregiving purposes are often denied accommodation or 
     penalized because of stereotypes that caregiving is only 
     ``women's work''.
       (17) Employers' reliance on persistent stereotypes about 
     the ``proper'' roles of both men and women in the workplace 
     and in the home continues a cycle of discrimination and 
     fosters stereotypical views about women's commitment to work 
     and their value as employees.
       (18) Employment standards that apply to only one gender 
     have serious potential for encouraging employers to 
     discriminate against employees and applicants for employment 
     who are of that gender.
       (19) It is in the national interest to ensure that all 
     Americans can care for their own health and the health of 
     their families while prospering at work.
       (20) Nearly 1 in 3 American women report physical or sexual 
     abuse by a husband or boyfriend at some point in their lives. 
     Domestic violence also affects men. Women account for about 
     85 percent of the victims of domestic violence and men 
     account for approximately 15 percent of the victims. 
     Therefore, women disproportionately need time off to care for 
     their health or to find solutions, such as obtaining a 
     restraining order or finding housing, to avoid or prevent 
     physical or sexual abuse.
       (21) One study showed that 85 percent of domestic violence 
     victims at a women's shelter who were employed missed work 
     because of abuse. The mean number of days of paid work lost 
     by a rape victim is 8.1 days, by a victim of physical assault 
     is 7.2 days, and by a victim of stalking is 10.1 days. 
     Nationwide, domestic violence victims lose almost 8,000,000 
     days of paid work per year.
       (22) Without paid sick days that can be used to address the 
     effects of domestic violence, these victims are in grave 
     danger of losing their jobs. One survey found that 96 percent 
     of employed domestic violence victims experienced problems at 
     work related to the violence. The Government Accountability 
     Office similarly found that 24 to 52 percent of victims 
     report losing a job due, at least in part, to domestic 
     violence. The loss of employment can be particularly 
     devastating for victims of domestic violence, who often need 
     economic security to ensure safety.
       (23) The Centers for Disease Control and Prevention has 
     estimated that domestic violence costs over $700,000,000 
     annually due to the victims' lost productivity in employment.
       (24) Efforts to assist abused employees result in positive 
     outcomes for employers as well as employees because employers 
     can retain workers who might otherwise be compelled to leave.

     SEC. 3. PURPOSES.

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

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Child.--The term ``child'' means a biological, foster, 
     or adopted child, a stepchild, a child of a domestic partner, 
     a legal ward, or a child of a person standing in loco 
     parentis, who is--
       (A) under 18 years of age; or
       (B) 18 years of age or older and incapable of self-care 
     because of a mental or physical disability.
       (2) Domestic partner.--The term ``domestic partner'' means 
     the person recognized as being in a relationship with an 
     employee under any domestic partnership, civil union, or 
     similar law of the State or political subdivision of a State 
     in which the employee resides.
       (3) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 40002(a) of the 
     Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), 
     except that the reference in such section to the term 
     ``jurisdiction receiving grant monies'' shall be deemed to 
     mean the jurisdiction in which the victim lives or the 
     jurisdiction in which the employer involved is located.
       (4) Employee.--The term ``employee'' means an individual 
     who is--
       (A)(i) an employee, as defined in section 3(e) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not 
     covered under subparagraph (E), including such an employee of 
     the Library of Congress, except that a reference in such 
     section to an employer shall be considered to be a reference 
     to an employer described in clauses (i)(I) and (ii) of 
     paragraph (5)(A); or
       (ii) an employee of the Government Accountability Office;
       (B) a State employee described in section 304(a) of the 
     Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
     16c(a));
       (C) a covered employee, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301), 
     other than an applicant for employment;
       (D) a covered employee, as defined in section 411(c) of 
     title 3, United States Code; or
       (E) a Federal officer or employee covered under subchapter 
     V of chapter 63 of title 5, United States Code.
       (5) Employer.--
       (A) In general.--The term ``employer'' means a person who 
     is--
       (i)(I) a covered employer, as defined in subparagraph (B), 
     who is not covered under subclause (V);
       (II) an entity employing a State employee described in 
     section 304(a) of the Government Employee Rights Act of 1991;
       (III) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995;
       (IV) an employing office, as defined in section 411(c) of 
     title 3, United States Code; or
       (V) an employing agency covered under subchapter V of 
     chapter 63 of title 5, United States Code; and
       (ii) is engaged in commerce (including government), or an 
     industry or activity affecting commerce (including 
     government), as defined in subparagraph (B)(iii).
       (B) Covered employer.--
       (i) In general.--In subparagraph (A)(i)(I), the term 
     ``covered employer''--

       (I) means any person engaged in commerce or in any industry 
     or activity affecting commerce who employs 15 or more 
     employees for each working day during each of 20 or more 
     calendar workweeks in the current or preceding calendar year;
       (II) includes--

       (aa) any person who acts, directly or indirectly, in the 
     interest of an employer to any of the employees of such 
     employer; and
       (bb) any successor in interest of an employer;

       (III) includes any ``public agency'', as defined in section 
     3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(x)); and
       (IV) includes the Government Accountability Office and the 
     Library of Congress.

       (ii) Public agency.--For purposes of clause (i)(III), a 
     public agency shall be considered to be a person engaged in 
     commerce or in an industry or activity affecting commerce.
       (iii) Definitions.--For purposes of this subparagraph:

       (I) Commerce.--The terms ``commerce'' and ``industry or 
     activity affecting commerce'' mean any activity, business, or 
     industry in commerce or in which a labor dispute would hinder 
     or obstruct commerce or the free flow of commerce, and 
     include ``commerce'' and any ``industry affecting commerce'', 
     as defined in paragraphs (1) and (3) of section 501 of the 
     Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and 
     (3)).
       (II) Employee.--The term ``employee'' has the same meaning 
     given such term in section 3(e) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(e)).
       (III) Person.--The term ``person'' has the same meaning 
     given such term in section 3(a) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(a)).

       (C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       (6) Employment benefits.--The term ``employment benefits'' 
     means all benefits provided or made available to employees by 
     an employer, including group life insurance, health 
     insurance, disability insurance, sick leave, annual leave, 
     educational benefits, and pensions, regardless of whether 
     such benefits are provided by a practice or written policy of 
     an employer or through an ``employee benefit plan'', as 
     defined in section 3(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002(3)).

[[Page S2032]]

       (7) Health care provider.--The term ``health care 
     provider'' means a provider who--
       (A)(i) is a doctor of medicine or osteopathy who is 
     authorized to practice medicine or surgery (as appropriate) 
     by the State in which the doctor practices; or
       (ii) is any other person determined by the Secretary to be 
     capable of providing health care services; and
       (B) is not employed by an employer for whom the provider 
     issues certification under this Act.
       (8) Paid sick time.--The term ``paid sick time'' means an 
     increment of compensated leave that can be earned by an 
     employee for use during an absence from employment for any of 
     the reasons described in paragraphs (1) through (4) of 
     section 5(b).
       (9) Parent.--The term ``parent'' means a biological, 
     foster, or adoptive parent of an employee, a stepparent of an 
     employee, parent-in-law, parent of a domestic partner, or a 
     legal guardian or other person who stood in loco parentis to 
     an employee when the employee was a child.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (11) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 40002(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)).
       (12) Spouse.--The term ``spouse'', with respect to an 
     employee, has the meaning given such term by the marriage 
     laws of the State in which the employee resides.
       (13) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       (14) Stalking.--The term ``stalking'' has the meaning given 
     the term in section 40002(a) of the Violence Against Women 
     Act of 1994 (42 U.S.C. 13925(a)).
       (15) Victim services organization.--The term ``victim 
     services organization'' means a nonprofit, nongovernmental 
     organization that provides assistance to victims of domestic 
     violence, sexual assault, or stalking or advocates for such 
     victims, including a rape crisis center, an organization 
     carrying out a domestic violence, sexual assault, or stalking 
     prevention or treatment program, an organization operating a 
     shelter or providing counseling services, or a legal services 
     organization or other organization providing assistance 
     through the legal process.

     SEC. 5. PROVISION OF PAID SICK TIME.

       (a) Accrual of Paid Sick Time.--
       (1) In general.--An employer shall permit each employee 
     employed by the employer to earn not less than 1 hour of paid 
     sick time for every 30 hours worked, to be used as described 
     in subsection (b). An employer shall not be required to 
     permit an employee to earn, under this section, more than 56 
     hours of paid sick time in a calendar year, unless the 
     employer chooses to set a higher limit.
       (2) Exempt employees.--
       (A) In general.--Except as provided in paragraph (3), for 
     purposes of this section, an employee who is exempt from 
     overtime requirements under section 13(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) shall be 
     assumed to work 40 hours in each workweek.
       (B) Shorter normal workweek.--If the normal workweek of 
     such an employee is less than 40 hours, the employee shall 
     earn paid sick time based upon that normal work week.
       (3) Dates of accrual and use.--Employees shall begin to 
     earn paid sick time under this section at the commencement of 
     their employment. An employee shall be entitled to use the 
     earned paid sick time beginning on the 60th calendar day 
     following commencement of the employee's employment. After 
     that 60th calendar day, the employee may use the paid sick 
     time as the time is earned. An employer may, at the 
     discretion of the employer, loan paid sick time to an 
     employee in advance of the earning of such time under this 
     section by such employee.
       (4) Carryover.--
       (A) In general.--Except as provided in subparagraph (B), 
     paid sick time earned under this section shall carry over 
     from 1 calendar year to the next.
       (B) Construction.--This Act shall not be construed to 
     require an employer to permit an employee to accrue more than 
     56 hours of earned paid sick time at a given time.
       (5) Employers with existing policies.--Any employer with a 
     paid leave policy who makes available an amount of paid leave 
     that is sufficient to meet the requirements of this section 
     and that may be used for the same purposes and under the same 
     conditions as the purposes and conditions outlined in 
     subsection (b) shall not be required to permit an employee to 
     earn additional paid sick time under this section.
       (6) Construction.--Nothing in this section shall be 
     construed as requiring financial or other reimbursement to an 
     employee from an employer upon the employee's termination, 
     resignation, retirement, or other separation from employment 
     for earned paid sick time that has not been used.
       (7) Reinstatement.--If an employee is separated from 
     employment with an employer and is rehired, within 12 months 
     after that separation, by the same employer, the employer 
     shall reinstate the employee's previously earned paid sick 
     time. The employee shall be entitled to use the earned paid 
     sick time and earn additional paid sick time at the 
     recommencement of employment with the employer.
       (8) Prohibition.--An employer may not require, as a 
     condition of providing paid sick time under this Act, that 
     the employee involved search for or find a replacement worker 
     to cover the hours during which the employee is using paid 
     sick time.
       (b) Uses.--Paid sick time earned under this section may be 
     used by an employee for any of the following:
       (1) An absence resulting from a physical or mental illness, 
     injury, or medical condition of the employee.
       (2) An absence resulting from obtaining professional 
     medical diagnosis or care, or preventive medical care, for 
     the employee.
       (3) An absence for the purpose of caring for a child, a 
     parent, a spouse, a domestic partner, or any other individual 
     related by blood or affinity whose close association with the 
     employee is the equivalent of a family relationship, who--
       (A) has any of the conditions or needs for diagnosis or 
     care described in paragraph (1) or (2); and
       (B) in the case of someone who is not a child, is otherwise 
     in need of care.
       (4) An absence resulting from domestic violence, sexual 
     assault, or stalking, if the time is to--
       (A) seek medical attention for the employee or the 
     employee's child, parent, spouse, domestic partner, or an 
     individual related to the employee as described in paragraph 
     (3), to recover from physical or psychological injury or 
     disability caused by domestic violence, sexual assault, or 
     stalking;
       (B) obtain or assist a related person described in 
     paragraph (3) in obtaining services from a victim services 
     organization;
       (C) obtain or assist a related person described in 
     paragraph (3) in obtaining psychological or other counseling;
       (D) seek relocation; or
       (E) take legal action, including preparing for or 
     participating in any civil or criminal legal proceeding 
     related to or resulting from domestic violence, sexual 
     assault, or stalking.
       (c) Scheduling.--An employee shall make a reasonable effort 
     to schedule a period of paid sick time under this Act in a 
     manner that does not unduly disrupt the operations of the 
     employer.
       (d) Procedures.--
       (1) In general.--Paid sick time shall be provided upon the 
     oral or written request of an employee. Such request shall--
       (A) include the expected duration of the period of such 
     time;
       (B) in a case in which the need for such period of time is 
     foreseeable at least 7 days in advance of such period, be 
     provided at least 7 days in advance of such period; and
       (C) otherwise, be provided as soon as practicable after the 
     employee is aware of the need for such period.
       (2) Certification in general.--
       (A) Provision.--
       (i) In general.--Subject to subparagraph (C), an employer 
     may require that a request for paid sick time under this 
     section for a purpose described in paragraph (1), (2), or (3) 
     of subsection (b) be supported by a certification issued by 
     the health care provider of the eligible employee or of an 
     individual described in subsection (b)(3), as appropriate, if 
     the period of such time covers more than 3 consecutive 
     workdays.
       (ii) Timeliness.--The employee shall provide a copy of such 
     certification to the employer in a timely manner, not later 
     than 30 days after the first day of the period of time. The 
     employer shall not delay the commencement of the period of 
     time on the basis that the employer has not yet received the 
     certification.
       (B) Sufficient certification.--
       (i) In general.--A certification provided under 
     subparagraph (A) shall be sufficient if it states--

       (I) the date on which the period of time will be needed;
       (II) the probable duration of the period of time;
       (III) the appropriate medical facts within the knowledge of 
     the health care provider regarding the condition involved, 
     subject to clause (ii); and
       (IV)(aa) for purposes of paid sick time under subsection 
     (b)(1), a statement that absence from work is medically 
     necessary;
       (bb) for purposes of such time under subsection (b)(2), the 
     dates on which testing for a medical diagnosis or care is 
     expected to be given and the duration of such testing or 
     care; and
       (cc) for purposes of such time under subsection (b)(3), in 
     the case of time to care for someone who is not a child, a 
     statement that care is needed for an individual described in 
     such subsection, and an estimate of the amount of time that 
     such care is needed for such individual.

       (ii) Limitation.--In issuing a certification under 
     subparagraph (A), a health care provider shall make 
     reasonable efforts to limit the medical facts described in 
     clause (i)(III) that are disclosed in the certification to 
     the minimum necessary to establish a need for the employee to 
     utilize paid sick time.
       (C) Regulations.--Regulations prescribed under section 13 
     shall specify the manner in which an employee who does not 
     have health insurance shall provide a certification for 
     purposes of this paragraph.
       (D) Confidentiality and nondisclosure.--
       (i) Protected health information.--Nothing in this Act 
     shall be construed to require a health care provider to 
     disclose information in violation of section 1177 of the 
     Social Security Act (42 U.S.C. 1320d-6) or the regulations 
     promulgated pursuant to section 264(c) of the Health 
     Insurance Portability

[[Page S2033]]

     and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
       (ii) Health information records.--If an employer possesses 
     health information about an employee or an employee's child, 
     parent, spouse, domestic partner, or an individual related to 
     the employee as described in subsection (b)(3), such 
     information shall--

       (I) be maintained on a separate form and in a separate file 
     from other personnel information;
       (II) be treated as a confidential medical record; and
       (III) not be disclosed except to the affected employee or 
     with the permission of the affected employee.

       (3) Certification in the case of domestic violence, sexual 
     assault, or stalking.--
       (A) In general.--An employer may require that a request for 
     paid sick time under this section for a purpose described in 
     subsection (b)(4) be supported by 1 of the following forms of 
     documentation:
       (i) A police report indicating that the employee, or a 
     member of the employee's family described in subsection 
     (b)(4), was a victim of domestic violence, sexual assault, or 
     stalking.
       (ii) A court order protecting or separating the employee or 
     a member of the employee's family described in subsection 
     (b)(4) from the perpetrator of an act of domestic violence, 
     sexual assault, or stalking, or other evidence from the court 
     or prosecuting attorney that the employee or a member of the 
     employee's family described in subsection (b)(4) has appeared 
     in court or is scheduled to appear in court in a proceeding 
     related to domestic violence, sexual assault, or stalking.
       (iii) Other documentation signed by an employee or 
     volunteer working for a victim services organization, an 
     attorney, a police officer, a medical professional, a social 
     worker, an antiviolence counselor, or a member of the clergy, 
     affirming that the employee or a member of the employee's 
     family described in subsection (b)(4) is a victim of domestic 
     violence, sexual assault, or stalking.
       (B) Requirements.--The requirements of paragraph (2) shall 
     apply to certifications under this paragraph, except that--
       (i) subclauses (III) and (IV) of subparagraph (B)(i) and 
     subparagraph (B)(ii) of such paragraph shall not apply;
       (ii) the certification shall state the reason that the 
     leave is required with the facts to be disclosed limited to 
     the minimum necessary to establish a need for the employee to 
     be absent from work, and the employee shall not be required 
     to explain the details of the domestic violence, sexual 
     assault, or stalking involved; and
       (iii) with respect to confidentiality under subparagraph 
     (D) of such paragraph, any information provided to the 
     employer under this paragraph shall be confidential, except 
     to the extent that any disclosure of such information is--

       (I) requested or consented to in writing by the employee; 
     or
       (II) otherwise required by applicable Federal or State law.

     SEC. 6. POSTING REQUIREMENT.

       (a) In General.--Each employer shall post and keep posted a 
     notice, to be prepared or approved in accordance with 
     procedures specified in regulations prescribed under section 
     13, setting forth excerpts from, or summaries of, the 
     pertinent provisions of this Act including--
       (1) information describing paid sick time available to 
     employees under this Act;
       (2) information pertaining to the filing of an action under 
     this Act;
       (3) the details of the notice requirement for a foreseeable 
     period of time under section 5(d)(1)(B); and
       (4) information that describes--
       (A) the protections that an employee has in exercising 
     rights under this Act; and
       (B) how the employee can contact the Secretary (or other 
     appropriate authority as described in section 8) if any of 
     the rights are violated.
       (b) Location.--The notice described under subsection (a) 
     shall be posted--
       (1) in conspicuous places on the premises of the employer, 
     where notices to employees (including applicants) are 
     customarily posted; or
       (2) in employee handbooks.
       (c) Violation; Penalty.--Any employer who willfully 
     violates the posting requirements of this section shall be 
     subject to a civil fine in an amount not to exceed $100 for 
     each separate offense.

     SEC. 7. PROHIBITED ACTS.

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

     SEC. 8. ENFORCEMENT AUTHORITY.

       (a) In General.--
       (1) Definition.--In this subsection:
       (A) the term ``employee'' means an employee described in 
     subparagraph (A) or (B) of section 4(4); and
       (B) the term ``employer'' means an employer described in 
     subclause (I) or (II) of section 4(5)(A)(i).
       (2) Investigative authority.--
       (A) In general.--To ensure compliance with the provisions 
     of this Act, or any regulation or order issued under this 
     Act, the Secretary shall have, subject to subparagraph (C), 
     the investigative authority provided under section 11(a) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
     respect to employers, employees, and other individuals 
     affected.
       (B) Obligation to keep and preserve records.--An employer 
     shall make, keep, and preserve records pertaining to 
     compliance with this Act in accordance with section 11(c) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and 
     in accordance with regulations prescribed by the Secretary.
       (C) Required submissions generally limited to an annual 
     basis.--The Secretary shall not require, under the authority 
     of this paragraph, an employer to submit to the Secretary any 
     books or records more than once during any 12-month period, 
     unless the Secretary has reasonable cause to believe there 
     may exist a violation of this Act or any regulation or order 
     issued pursuant to this Act, or is investigating a charge 
     pursuant to paragraph (4).
       (D) Subpoena authority.--For the purposes of any 
     investigation provided for in this paragraph, the Secretary 
     shall have the subpoena authority provided for under section 
     9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
       (3) Civil action by employees or individuals.--
       (A) Right of action.--An action to recover the damages or 
     equitable relief prescribed in subparagraph (B) may be 
     maintained against any employer in any Federal or State court 
     of competent jurisdiction by one or more employees or 
     individuals or their representative for and on behalf of--
       (i) the employees or individuals; or
       (ii) the employees or individuals and others similarly 
     situated.
       (B) Liability.--Any employer who violates section 7 
     (including a violation relating to rights provided under 
     section 5) shall be liable to any employee or individual 
     affected--
       (i) for damages equal to--

       (I) the amount of--

       (aa) any wages, salary, employment benefits, or other 
     compensation denied or lost by reason of the violation; or
       (bb) in a case in which wages, salary, employment benefits, 
     or other compensation have not been denied or lost, any 
     actual monetary losses sustained as a direct result of the 
     violation up to a sum equal to 56 hours of wages or salary 
     for the employee or individual;

       (II) the interest on the amount described in subclause (I) 
     calculated at the prevailing rate; and
       (III) an additional amount as liquidated damages; and

       (ii) for such equitable relief as may be appropriate, 
     including employment, reinstatement, and promotion.
       (C) Fees and costs.--The court in an action under this 
     paragraph shall, in addition to any judgment awarded to the 
     plaintiff, allow a reasonable attorney's fee, reasonable 
     expert witness fees, and other costs of the action to be paid 
     by the defendant.
       (4) Action by the secretary.--
       (A) Administrative action.--The Secretary shall receive, 
     investigate, and attempt to resolve complaints of violations 
     of section 7 (including a violation relating to rights 
     provided under section 5) in the same manner that the 
     Secretary receives, investigates, and attempts to resolve 
     complaints of violations of sections 6 and 7 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
       (B) Civil action.--The Secretary may bring an action in any 
     court of competent jurisdiction to recover the damages 
     described in paragraph (3)(B)(i).
       (C) Sums recovered.--Any sums recovered by the Secretary 
     pursuant to subparagraph (B) shall be held in a special 
     deposit account and shall be paid, on order of the Secretary, 
     directly to each employee or individual affected. Any such 
     sums not paid to an employee or individual affected because 
     of inability to do so within a period of 3 years

[[Page S2034]]

     shall be deposited into the Treasury of the United States as 
     miscellaneous receipts.
       (5) Limitation.--
       (A) In general.--Except as provided in subparagraph (B), an 
     action may be brought under paragraph (3), (4), or (6) not 
     later than 2 years after the date of the last event 
     constituting the alleged violation for which the action is 
     brought.
       (B) Willful violation.--In the case of an action brought 
     for a willful violation of section 7 (including a willful 
     violation relating to rights provided under section 5), such 
     action may be brought within 3 years of the date of the last 
     event constituting the alleged violation for which such 
     action is brought.
       (C) Commencement.--In determining when an action is 
     commenced under paragraph (3), (4), or (6) for the purposes 
     of this paragraph, it shall be considered to be commenced on 
     the date when the complaint is filed.
       (6) Action for injunction by secretary.--The district 
     courts of the United States shall have jurisdiction, for 
     cause shown, in an action brought by the Secretary--
       (A) to restrain violations of section 7 (including a 
     violation relating to rights provided under section 5), 
     including the restraint of any withholding of payment of 
     wages, salary, employment benefits, or other compensation, 
     plus interest, found by the court to be due to employees or 
     individuals eligible under this Act; or
       (B) to award such other equitable relief as may be 
     appropriate, including employment, reinstatement, and 
     promotion.
       (7) Solicitor of labor.--The Solicitor of Labor may appear 
     for and represent the Secretary on any litigation brought 
     under paragraph (4) or (6).
       (8) Government accountability office and library of 
     congress.--Notwithstanding any other provision of this 
     subsection, in the case of the Government Accountability 
     Office and the Library of Congress, the authority of the 
     Secretary of Labor under this subsection shall be exercised 
     respectively by the Comptroller General of the United States 
     and the Librarian of Congress.
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--The powers, remedies, and procedures provided in 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301 
     et seq.) to the Board (as defined in section 101 of that Act 
     (2 U.S.C. 1301)), or any person, alleging a violation of 
     section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be 
     the powers, remedies, and procedures this Act provides to 
     that Board, or any person, alleging an unlawful employment 
     practice in violation of this Act against an employee 
     described in section 4(4)(C).
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--The powers, remedies, and procedures provided 
     in chapter 5 of title 3, United States Code, to the 
     President, the Merit Systems Protection Board, or any person, 
     alleging a violation of section 412(a)(1) of that title, 
     shall be the powers, remedies, and procedures this Act 
     provides to the President, that Board, or any person, 
     respectively, alleging an unlawful employment practice in 
     violation of this Act against an employee described in 
     section 4(4)(D).
       (d) Employees Covered by Chapter 63 of Title 5, United 
     States Code.--The powers, remedies, and procedures provided 
     in title 5, United States Code, to an employing agency, 
     provided in chapter 12 of that title to the Merit Systems 
     Protection Board, or provided in that title to any person, 
     alleging a violation of chapter 63 of that title, shall be 
     the powers, remedies, and procedures this Act provides to 
     that agency, that Board, or any person, respectively, 
     alleging an unlawful employment practice in violation of this 
     Act against an employee described in section 4(4)(E).
       (e) Remedies for State Employees.--
       (1) Waiver of sovereign immunity.--A State's receipt or use 
     of Federal financial assistance for any program or activity 
     of a State shall constitute a waiver of sovereign immunity, 
     under the 11th Amendment to the Constitution or otherwise, to 
     a suit brought by an employee of that program or activity 
     under this Act for equitable, legal, or other relief 
     authorized under this Act.
       (2) Official capacity.--An official of a State may be sued 
     in the official capacity of the official by any employee who 
     has complied with the procedures under subsection (a)(3), for 
     injunctive relief that is authorized under this Act. In such 
     a suit the court may award to the prevailing party those 
     costs authorized by section 722 of the Revised Statutes (42 
     U.S.C. 1988).
       (3) Applicability.--With respect to a particular program or 
     activity, paragraph (1) applies to conduct occurring on or 
     after the day, after the date of enactment of this Act, on 
     which a State first receives or uses Federal financial 
     assistance for that program or activity.
       (4) Definition of program or activity.--In this subsection, 
     the term ``program or activity'' has the meaning given the 
     term in section 606 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d-4a).

     SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER 
                   STUDY.

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

     SEC. 10. EFFECT ON OTHER LAWS.

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

     SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

     SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

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

     SEC. 13. REGULATIONS.

       (a) In General.--
       (1) Authority.--Except as provided in paragraph (2), not 
     later than 180 days after the date of enactment of this Act, 
     the Secretary shall prescribe such regulations as are 
     necessary to carry out this Act with respect to employees 
     described in subparagraph (A) or (B) of section 4(4) and 
     other individuals affected by employers described in 
     subclause (I) or (II) of section 4(5)(A)(i).
       (2) Government accountability office; library of 
     congress.--The Comptroller General of the United States and 
     the Librarian of Congress shall prescribe the regulations 
     with respect to employees of the Government Accountability 
     Office and the Library of Congress, respectively, and other 
     individuals affected by the Comptroller General of the United 
     States and the Librarian of Congress, respectively.
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--
       (1) Authority.--Not later than 90 days after the Secretary 
     prescribes regulations under section 13(a), the Board of 
     Directors of

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     the Office of Compliance shall prescribe (in accordance with 
     section 304 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1384)) such regulations as are necessary to carry 
     out this Act with respect to employees described in section 
     4(4)(C) and other individuals affected by employers described 
     in section 4(5)(A)(i)(III).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this Act except 
     insofar as the Board may determine, for good cause shown and 
     stated together with the regulations prescribed under 
     paragraph (1), that a modification of such regulations would 
     be more effective for the implementation of the rights and 
     protections involved under this section.
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--
       (1) Authority.--Not later than 90 days after the Secretary 
     prescribes regulations under section 13(a), the President (or 
     the designee of the President) shall prescribe such 
     regulations as are necessary to carry out this Act with 
     respect to employees described in section 4(4)(D) and other 
     individuals affected by employers described in section 
     4(5)(A)(i)(IV).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this Act except 
     insofar as the President (or designee) may determine, for 
     good cause shown and stated together with the regulations 
     prescribed under paragraph (1), that a modification of such 
     regulations would be more effective for the implementation of 
     the rights and protections involved under this section.
       (d) Employees Covered by Chapter 63 of Title 5, United 
     States Code.--
       (1) Authority.--Not later than 90 days after the Secretary 
     prescribes regulations under section 13(a), the Director of 
     the Office of Personnel Management shall prescribe such 
     regulations as are necessary to carry out this Act with 
     respect to employees described in section 4(4)(E) and other 
     individuals affected by employers described in section 
     4(5)(A)(i)(V).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this Act except 
     insofar as the Director may determine, for good cause shown 
     and stated together with the regulations prescribed under 
     paragraph (1), that a modification of such regulations would 
     be more effective for the implementation of the rights and 
     protections involved under this section.

     SEC. 14. EFFECTIVE DATES.

       (a) Effective Date.--This Act shall take effect 6 months 
     after the date of issuance of regulations under section 
     13(a)(1).
       (b) Collective Bargaining Agreements.--In the case of a 
     collective bargaining agreement in effect on the effective 
     date prescribed by subsection (a), this Act shall take effect 
     on the earlier of--
       (1) the date of the termination of such agreement; or
       (2) the date that occurs 18 months after the date of 
     issuance of regulations under section 13(a)(1).

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