[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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