[Congressional Record Volume 169, Number 22 (Thursday, February 2, 2023)]
[Senate]
[Pages S231-S236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 241. A bill to designate the Department of Energy Integrated
Engineering Research Center Federal Building located at the Fermi
National Accelerator Laboratory in Batavia, Illinois, as the ``Helen
Edwards Engineering Research Center''; to the Committee on Environment
and Public Works.
Mr. DURBIN. Madam 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. 241
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. HELEN EDWARDS ENGINEERING RESEARCH CENTER.
(a) Designation.--The Department of Energy Integrated
Engineering Research Center Federal Building located at the
Fermi National Accelerator Laboratory in Batavia, Illinois,
shall be known and designated as the ``Helen Edwards
Engineering Research Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal Building referred to in subsection (a) shall be
deemed to be a reference to the ``Helen Edwards Engineering
Research Center''.
______
By Mr. DURBIN (for himself, Mr. Blumenthal, Ms. Duckworth, Mrs.
Gillibrand, Ms. Smith, Mr. Brown, Mrs. Murray, and Mr. Welch):
S. 242. A bill to amend the Family and Medical Leave Act of 1993 and
title 5, United States Code, to permit leave to care for a domestic
partner, parent-in-law, or adult child, or another related individual,
who has a serious health condition, and to allow employees to take, as
additional leave, parental involvement and family wellness leave to
participate in or attend their children's and grandchildren's
educational and extracurricular activities or meet family care needs;
to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Madam President, today I am reintroducing the Caring for
All Families Act. It will expand protections of the Family and Medical
Leave Act and ensure that a broader range of caregiving relationships
are covered.
In 2020, the Department of Labor found that one in six people taking
leave to act as caregiver was not protected by the Family and Medical
Leave Act's definition of ``family.'' It really begs the question: How
many of these people decided to drop out of the workforce altogether?
How many of them were fired because they missed a shift because their
child woke up with a fever or because an elderly relative was rushed to
the ER? No one should ever have to choose between caring for a loved
one or losing their job.
The Caring for All Families Act will help protect these workers by
adding domestic partners, in-laws, grandparents, and other significant
relationships to the FMLA's definition of ``family.''
Importantly, this legislation will just be a starting point. While it
would expand job protections to millions of workers, it would not
resolve one crucial flaw in our safety net. America is the only
industrialized Nation in the world that does not have guaranteed paid
family leave. I am going to repeat that. America is the only
industrialized Nation in the world that does not guarantee paid family
leave. That is shameful.
For the millions of working Americans who have or will be caregivers
at some point in their lives, what are they supposed to do? Take on
debt? Work even more hours? No. We cannot settle
[[Page S232]]
for a system that abandons working families when they need it the most.
The American people deserve a safety net that prevents them from
drowning, a safety net that provides the peace of mind they need to
reenter the workforce, and offers them the assurance that their
government has their back.
So let's start. Let's pass the Caring for All Families Act and then
get to work to ensure access to paid leave for all American workers.
Mr. DURBIN. Madam 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. 242
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 ``Caring for All Families
Act''.
SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW,
DAUGHTER-IN-LAW, PARENT-IN-LAW, ADULT CHILD,
GRANDPARENT, GRANDCHILD, OR SIBLING OF THE
EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL.
(a) Definitions.--
(1) Inclusion of related individuals.--Section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is
amended by adding at the end the following:
``(20) Any other individual whose close association is the
equivalent of a family relationship.--The term `any other
individual whose close association is the equivalent of a
family relationship', used with respect to an employee, means
any person with whom the employee has a significant personal
bond that is or is like a family relationship, regardless of
biological or legal relationship.
``(21) Domestic partner.--The term `domestic partner', used
with respect to an employee, means--
``(A) the person recognized as the domestic partner of the
employee under any domestic partnership or civil union law of
a State or political subdivision of a State; or
``(B) in the case of an unmarried employee, an unmarried
adult person who is in a committed, personal relationship
with the employee, is not a domestic partner as described in
subparagraph (A) to or in such a relationship with any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.
``(22) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(23) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to an employee, mean a son or daughter of the
employee's sibling.
``(25) Parent-in-law.-- The term `parent-in-law' means a
parent of the spouse or domestic partner of an employee.
``(26) Sibling.--The term `sibling' means any person who is
a son or daughter of an employee's parent (other than the
employee).
``(27) Son-in-law; daughter-in-law.--The terms `son-in-law'
and `daughter-in-law', used with respect to an employee, mean
any person who is a spouse or domestic partner of a son or
daughter, as the case may be, of the employee.
``(28) Uncle; aunt.--The terms `uncle' and `aunt', used
with respect to an employee, mean the son or daughter, as the
case may be, of the employee's grandparent (other than the
employee's parent).''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is
amended--
(A) by inserting ``a child of an individual's domestic
partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows and
inserting ``and includes an adult child.''.
(b) Leave Requirement.--Section 102 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``spouse, or a son,
daughter, or parent, of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son or daughter, son-in-law or daughter-in-law,
parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association is the equivalent of
a family relationship with the employee, if such spouse,
domestic partner, son or daughter, son-in-law or daughter-in-
law, parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece, or such other
individual''; and
(ii) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association is the equivalent of
a family relationship with the employee''; and
(B) in paragraph (3), by striking ``spouse, son, daughter,
parent, or next of kin of a covered servicemember'' and
inserting ``spouse or domestic partner, son or daughter, son-
in-law or daughter-in-law, parent, parent-in-law,
grandparent, sibling, uncle or aunt, nephew or niece, or next
of kin of a covered servicemember, or any other individual
whose close association is the equivalent of a family
relationship with the covered servicemember'';
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``son, daughter,
spouse, parent, or covered servicemember of the employee, as
appropriate'' and inserting ``son or daughter, son-in-law or
daughter-in-law, spouse or domestic partner, parent, parent-
in-law, grandparent, grandchild, sibling, uncle or aunt,
nephew or niece, or covered servicemember of the employee, or
any other individual whose close association is the
equivalent of a family relationship with the employee, as
appropriate''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent, of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association is the equivalent of
a family relationship with the employee, as appropriate,'';
and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, or domestic partners,'' after ``husband and wife''; and
(ii) in subparagraph (B), by inserting ``or parent-in-law''
after ``parent''; and
(B) in paragraph (2), by inserting ``, or those domestic
partners,'' after ``husband and wife'' each place it appears.
(c) Certification.--Section 103 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by striking ``son, daughter, spouse,
or parent of the employee, or of the next of kin of an
individual in the case of leave taken under such paragraph
(3), as appropriate'' and inserting ``son or daughter, son-
in-law or daughter-in-law, spouse or domestic partner,
parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or the
next of kin of an individual, or any other individual whose
close association is the equivalent of a family relationship
with the employee, as appropriate''; and
(2) in subsection (b)--
(A) in paragraph (4)(A), by striking ``son, daughter,
spouse, or parent and an estimate of the amount of time that
such employee is needed to care for the son, daughter,
spouse, or parent'' and inserting ``son or daughter, son-in-
law or daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or any other
individual whose close association is the equivalent of a
family relationship with the employee, as appropriate, and an
estimate of the amount of time that such employee is needed
to care for such son or daughter, son-in-law or daughter-in-
law, spouse or domestic partner, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece, or such other individual''; and
(B) in paragraph (7), by striking ``son, daughter, parent,
or spouse who has a serious health condition, or will assist
in their recovery,'' and inserting ``son or daughter, son-in-
law or daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece, with a serious health condition, of
the employee, or an individual, with a serious health
condition, who is any other individual whose close
association is the equivalent of a family relationship with
the employee, as appropriate, or will assist in the
recovery,''.
(d) Employment and Benefits Protection.--Section 104(c)(3)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2614(c)(3)) is amended--
(1) in subparagraph (A)(i), by striking ``son, daughter,
spouse, or parent of the employee, as appropriate,'' and
inserting ``son or daughter, son-in-law or daughter-in-law,
spouse or domestic partner, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece of the employee, or any other individual whose close
association is the equivalent of a family relationship with
the employee, as appropriate,''; and
(2) in subparagraph (C)(ii), by striking ``son, daughter,
spouse, or parent'' and inserting ``employee's son or
daughter, son-in-law or daughter-in-law, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild,
sibling, uncle or aunt, or nephew or niece, or (with relation
to the employee) any other individual whose close association
is the equivalent of a family relationship, as
appropriate,''.
SEC. 3. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW,
DAUGHTER-IN-LAW, PARENT-IN-LAW, ADULT CHILD,
GRANDPARENT, GRANDCHILD, OR SIBLING OF THE
EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL FOR
FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of a domestic partner, son-in-law, daughter-
in-law, parent-in-law, adult child, grandparent, grandchild,
or sibling of the employee, or another individual whose close
association is the
[[Page S233]]
equivalent of a family relationship.--Section 6381 of title
5, United States Code, is amended--
(A) in paragraph (11) by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (12), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(13) the term `any other individual whose close
association is the equivalent of a family relationship', used
with respect to an employee, means any person with whom the
employee has a significant personal bond that is or is like a
family relationship, regardless of biological or legal
relationship;
``(14) the term `domestic partner', used with respect to an
employee, means--
``(A) the person recognized as the domestic partner of the
employee under any domestic partnership or civil union law of
a State or political subdivision of a State; or
``(B) in the case of an unmarried employee, an unmarried
adult person who is in a committed, personal relationship
with the employee, is not a domestic partner as described in
subparagraph (A) or in such a relationship with any other
person, and who is designated to the employing agency by such
employee as that employee's domestic partner;
``(15) the term `grandchild' means the son or daughter of
an employee's son or daughter;
``(16) the term `grandparent' means a parent of a parent of
an employee;
``(17) the terms `nephew' and `niece', used with respect to
an employee, mean a son or daughter of the employee's
sibling;
``(18) the term `parent-in-law' means a parent of the
spouse or domestic partner of an employee;
``(19) the term `sibling' means any person who is a son or
daughter of an employee's parent (other than the employee);
``(20) the terms `son-in-law' and `daughter-in-law', used
with respect to an employee, mean any person who is a spouse
or domestic partner of a son or daughter, as the case may be,
of the employee;
``(21) the term `State' has the same meaning given the term
in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203); and
``(22) the terms `uncle' and `aunt', used with respect to
an employee, mean the son or daughter, as the case may be, of
the employee's grandparent (other than the employee's
parent).''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 6381(6) of such title is amended--
(A) by inserting ``a child of an individual's domestic
partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows and
inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 6382 of title 5, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``spouse, or a son,
daughter, or parent, of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son or daughter, son-in-law or daughter-in-law,
parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association with the employee is
the equivalent of a family relationship, if such spouse,
domestic partner, son or daughter, son-in-law or daughter-in-
law, parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece, or such other
individual''; and
(ii) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association is the equivalent of
a family relationship with the employee''; and
(B) in paragraph (3), by striking ``spouse, son, daughter,
parent, or next of kin of a covered servicemember'' and
inserting ``spouse or domestic partner, son or daughter, son-
in-law or daughter-in-law, parent, parent-in-law,
grandparent, sibling, uncle or aunt, nephew or niece, or next
of kin of a covered servicemember, or any other individual
whose close association is the equivalent of a family
relationship with the covered servicemember''; and
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``son, daughter,
spouse, parent, or covered servicemember of the employee, as
appropriate'' and inserting ``son or daughter, son-in-law or
daughter-in-law, spouse or domestic partner, parent, parent-
in-law, grandparent, grandchild, sibling, uncle or aunt,
nephew or niece, or covered servicemember of the employee, or
any other individual whose close association is the
equivalent of a family relationship with the employee, as
appropriate''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent, of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual whose close association is the equivalent of
a family relationship with the employee, as appropriate,''.
(c) Certification.--Section 6383 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``son, daughter, spouse,
or parent of the employee, as appropriate'' and inserting
``son or daughter, son-in-law or daughter-in-law, spouse or
domestic partner, parent, parent-in-law, grandparent,
grandchild, sibling, uncle or aunt, or nephew or niece of the
employee, or any other individual whose close association is
the equivalent of a family relationship with the employee, as
appropriate''; and
(2) in subsection (b)(4)(A), by striking ``son, daughter,
spouse, or parent, and an estimate of the amount of time that
such employee is needed to care for such son, daughter,
spouse, or parent'' and inserting ``son or daughter, son-in-
law or daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or any other
individual whose close association is the equivalent of a
family relationship with the employee, as appropriate, and an
estimate of the amount of time that such employee is needed
to care for such son or daughter, son-in-law or daughter-in-
law, spouse or domestic partner, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece, or such other individual''.
SEC. 4. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR
PARENTAL INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 102(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)), as amended by
section 2(b), is further amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Entitlement to additional leave for parental
involvement and family wellness.--
``(A) In general.--Subject to subparagraph (B) and section
103(g), an eligible employee shall be entitled to leave under
this paragraph to--
``(i) participate in or attend an activity that is
sponsored by a school or community organization and relates
to a program of the school or organization that is attended
by a son or daughter or a grandchild of the employee; or
``(ii) meet routine family medical care needs (including by
attending medical and dental appointments of the employee or
a son or daughter, spouse or domestic partner, or grandchild
of the employee) or attend to the care needs of an elderly
individual who is any other individual whose close
association is the equivalent of a family relationship with
the employee (including by making visits to nursing homes or
group homes).
``(B) Limitations.--
``(i) In general.--An eligible employee shall be entitled
to--
``(I) not to exceed 4 hours of leave under this paragraph
during any 30-day period; and
``(II) not to exceed 24 hours of leave under this paragraph
during any 12-month period described in paragraph (4).
``(ii) Coordination rule.--Leave under this paragraph shall
be in addition to any leave provided under any other
paragraph of this subsection.
``(C) Definitions.--As used in this paragraph:
``(i) Community organization.--The term `community
organization' means a private nonprofit organization that is
representative of a community or a significant segment of a
community and provides activities for individuals described
in section 101(12), such as a scouting or sports
organization.
``(ii) School.--The term `school' means an elementary
school or secondary school (as such terms are defined in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)), a Head Start program assisted under
the Head Start Act (42 U.S.C. 9831 et seq.), and a child care
facility licensed under State law.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the third sentence
the following new sentence: ``Subject to subsection (e)(4)
and section 103(g), leave under subsection (a)(5) may be
taken intermittently or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such
Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end
the following new subparagraph:
``(C) Parental involvement leave and family wellness
leave.--
``(i) Vacation leave; personal leave; family leave.--An
eligible employee may elect, or an employer may require the
employee, to substitute any of the accrued paid vacation
leave, personal leave, or family leave of the employee for
any part of the period of leave under subsection (a)(5).
``(ii) Medical or sick leave.--An eligible employee may
elect, or an employer may require the employee, to substitute
any of the accrued paid medical or sick leave of the employee
for any part of the period of leave provided under clause
(ii) of subsection (a)(5)(A), except that nothing in this
title shall require an employer to provide paid sick leave or
paid medical leave in any situation in which such employer
would not normally provide any such paid leave.
``(iii) Prohibition on restrictions and limitations.--If
the employee elects or the employer requires the substitution
of accrued paid leave for leave under subsection (a)(5), the
employer shall not restrict or limit the leave that may be
substituted or impose any additional terms and conditions on
the substitution of such leave that are
[[Page S234]]
more stringent for the employee than the terms and conditions
set forth in this Act.''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C.
2612(e)), as amended by section 2(b), is further amended by
adding at the end the following new paragraph:
``(4) Notice relating to parental involvement and family
wellness leave.--In any case in which an employee requests
leave under paragraph (5) of subsection (a), the employee
shall--
``(A) provide the employer with not less than 7 days'
notice, or (if such notice is impracticable) such notice as
is practicable, before the date the leave is to begin, of the
employee's intention to take leave under such paragraph; and
``(B) in the case of leave to be taken under subsection
(a)(5)(A)(ii), make a reasonable effort to schedule the
activity or care involved so as not to disrupt unduly the
operations of the employer, subject to the approval of the
health care provider involved (if any).''.
(e) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following new
subsection:
``(g) Certification Related to Parental Involvement and
Family Wellness Leave.--An employer may require that a
request for leave under section 102(a)(5) be supported by a
certification issued at such time and in such manner as the
Secretary may by regulation prescribe.''.
SEC. 5. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR
PARENTAL INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 6382(a) of title 5, United
States Code, as amended by section 3(b), is further amended
by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B) and section 6383(f),
an employee shall be entitled to leave under this paragraph
to--
``(i) participate in or attend an activity that is
sponsored by a school or community organization and relates
to a program of the school or organization that is attended
by a son or daughter or a grandchild of the employee; or
``(ii) meet routine family medical care needs (including by
attending medical and dental appointments of the employee or
a son or daughter, spouse or domestic partner, or grandchild
of the employee) or to attend to the care needs of an elderly
individual who is any other individual whose close
association is the equivalent of a family relationship with
the employee (including by making visits to nursing homes and
group homes).
``(B)(i) An employee is entitled to--
``(I) not to exceed 4 hours of leave under this paragraph
during any 30-day period; and
``(II) not to exceed 24 hours of leave under this paragraph
during any 12-month period described in paragraph (4).
``(ii) Leave under this paragraph shall be in addition to
any leave provided under any other paragraph of this
subsection.
``(C) For the purpose of this paragraph--
``(i) the term `community organization' means a private
nonprofit organization that is representative of a community
or a significant segment of a community and provides
activities for individuals described in section 6381(6), such
as a scouting or sports organization; and
``(ii) the term `school' means an elementary school or
secondary school (as such terms are defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), a Head Start program assisted under the Head
Start Act (42 U.S.C. 9831 et seq.), and a child care facility
licensed under State law.''.
(b) Schedule.--Section 6382(b)(1) of such title is
amended--
(1) by inserting after the third sentence the following new
sentence: ``Subject to subsection (e)(4) and section 6383(f),
leave under subsection (a)(5) may be taken intermittently or
on a reduced leave schedule.''; and
(2) in the last sentence, by striking ``involved,'' and
inserting ``involved (or, in the case of leave under
subsection (a)(5), for purposes of the 30-day or 12-month
period involved),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such
title is amended by adding at the end the following:
``(3) An employee may elect to substitute for any part of
the period of leave under subsection (a)(5), any of the
employee's accrued or accumulated annual or sick leave. If
the employee elects the substitution of that accrued or
accumulated annual or sick leave for leave under subsection
(a)(5), the employing agency shall not restrict or limit the
leave that may be substituted or impose any additional terms
and conditions on the substitution of such leave that are
more stringent for the employee than the terms and conditions
set forth in this subchapter.''.
(d) Notice.--Section 6382(e) of such title, as amended by
section 3(b)(2), is further amended by adding at the end the
following new paragraph:
``(4) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall--
``(A) provide the employing agency with not less than 7
days' notice, or (if such notice is impracticable) such
notice as is practicable, before the date the leave is to
begin, of the employee's intention to take leave under such
paragraph; and
``(B) in the case of leave to be taken under subsection
(a)(5)(A)(ii), make a reasonable effort to schedule the
activity or care involved so as not to disrupt unduly the
operations of the employing agency, subject to the approval
of the health care provider involved (if any).''.
(e) Certification.--Section 6383(f) of such title is
amended by striking ``paragraph (1)(E) or (3) of'' and
inserting ``paragraph (1)(E), (3) or (5) of''.
______
By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Markey, Ms.
Warren, Mr. Casey, Ms. Duckworth, Mrs. Gillibrand, and Mr.
Murphy):
S. 246. A bill to amend title 18, United States Code, to require
federally licensed firearms importers, manufacturers, and dealers to
meet certain requirements with respect to securing their firearms
inventory, business records, and business premises; to the Committee on
the Judiciary.
Mr. DURBIN. Madam 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. 246
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 ``Safety Enhancements for
Communities Using Reasonable and Effective Firearm Storage
Act'' or the ``SECURE Firearm Storage Act''.
SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS
IMPORTERS, MANUFACTURERS, AND DEALERS.
(a) In General.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Security Requirements.--
``(1) Relation to provision governing gun shows.--This
subsection shall apply to a licensed importer, licensed
manufacturer, or licensed dealer except as provided in
subsection (j).
``(2) Firearm storage.--
``(A) In general.--A person who is a licensed importer,
licensed manufacturer, or licensed dealer shall keep and
store each firearm in the business inventory of the licensee
at the premises covered by the license.
``(B) Means of storage.--When the premises covered by the
license are not open for business, the licensee shall, with
respect to each firearm in the business inventory of the
licensee--
``(i) secure the firearm with a hardened steel rod \1/4\
inch thick through the space between the trigger guard, and
the frame or receiver, of the firearm, with--
``(I) the steel rod secured by a hardened steel lock that
has a shackle;
``(II) the lock and shackle protected or shielded from the
use of a bolt cutter; and
``(III) the rod anchored to prevent the removal of the
firearm from the premises; or
``(ii) store the firearm in--
``(I) a locked fireproof safe;
``(II) a locked gun cabinet (and if the locked gun cabinet
is not steel, each firearm within the cabinet shall be
secured with a hardened steel rod \1/4\ inch thick, protected
or shielded from the use of a bolt cutter and anchored to
prevent the removal of the firearm from the premises); or
``(III) a locked vault.
``(3) Paper record storage.--When the premises covered by
the license are not open for business, the licensee shall
store each paper record of the business inventory and firearm
transactions of, and other dispositions of firearms by, the
licensee at the premises in a secure location such as a
locked fireproof safe or locked vault.
``(4) Additional security requirements.--The Attorney
General may, by regulation, prescribe such additional
security requirements as the Attorney General determines
appropriate with respect to the firearms business conducted
by a licensed importer, licensed manufacturer, or licensed
dealer, such as requirements relating to the use of--
``(A) alarm and security camera systems;
``(B) site hardening;
``(C) measures to secure any electronic record of the
business inventory and firearm transactions of, and other
dispositions of firearms by, the licensee; and
``(D) other measures necessary to reduce the risk of theft
at the business premises of a licensee.''.
(b) Penalties.--Section 924 of title 18, United States
Code, is amended by adding at the end the following:
``(q) Penalties for Noncompliance With Firearms Licensee
Security Requirements.--
``(1) In general.--
``(A) Penalty.--With respect to a violation by a licensee
of section 923(m) or a regulation issued under that section,
the Attorney General, after notice and opportunity for
hearing--
``(i) in the case of the first violation or related series
of violations on the same date, shall subject the licensee to
a civil penalty in an amount equal to not less than $1,000
and not more than $10,000;
``(ii) in the case of the second violation or related
series of violations on the same date--
``(I) shall suspend the license issued to the licensee
under this chapter until the licensee cures the violation;
and
``(II) may subject the licensee to a civil penalty in an
amount provided in clause (i); or
[[Page S235]]
``(iii) in the case of the third violation or related
series of violations on the same date--
``(I) shall revoke the license issued to the licensee under
this chapter; and
``(II) may subject the licensee to a civil penalty in an
amount provided in clause (i).
``(B) Review.--An action of the Attorney General under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The imposition of a civil
penalty or suspension or revocation of a license under
paragraph (1) shall not preclude any administrative remedy
that is otherwise available to the Attorney General.''.
(c) Application Requirement.--Section 923 of title 18,
United States Code, is amended--
(1) in subsection (a), in the second sentence, by striking
``be in such form and contain only that'' and inserting
``describe how the applicant plans to comply with subsection
(m) and shall be in such form and contain only such other'';
and
(2) in subsection (d)(1)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(H) the Attorney General determines that the description
in the application of how the applicant plans to comply with
subsection (m) would, if implemented, so comply.''.
(d) Effective Dates.--
(1) Initial firearm storage requirements.--Section
923(m)(2) of title 18, United States Code, as added by
subsection (a), shall take effect on the date that is 1 year
after the date of enactment of this Act.
(2) Initial paper records storage requirements.--Section
923(m)(3) of title 18, United States Code, as added by
subsection (a), shall take effect on the date that is 90 days
after the date of enactment of this Act.
______
By Mrs. FEINSTEIN (for herself, Mr. Blumenthal, Mr. Kaine, Mr.
Markey, Ms. Warren, Mr. Brown, Mr. Padilla, Ms. Smith, Mr.
Casey, Mr. Whitehouse, Mr. Durbin, Mr. Cardin, Mr. Booker, Mr.
Merkley, Mrs. Murray, Mr. Wyden, and Ms. Klobuchar):
S. 247. A bill to support State, Tribal, and local efforts to remove
access to firearms from individuals who are a danger to themselves or
others pursuant to court orders for this purpose; to the Committee on
the Judiciary.
Mrs. FEINSTEIN. Madam President, today I rise to introduce the
Extreme Risk Protection Order Expansion Act.
The premise of this bill is simple: Individuals who pose a serious
threat to themselves or others should not have guns.
Too often we see the deadly consequences when those at risk of
committing violence are given easy access to guns. Nearly 40,000 people
die each year from gun violence. Last year, 3,597 children died by
gunfire--making guns the No. 1 cause of death for children in the
United States.
Before many incidents of gun violence, shooters display warning signs
of impending violence. However, family and friends--those in the best
position to recognize troubling signs--are too often powerless to stop
the violence.
That is why Congress must pass the Extreme Risk Protection Order
Expansion Act.
Extreme risk protection orders, which are often referred to as red
flag laws, allow law enforcement and family members to petition courts
to temporarily remove guns from individuals who are determined to be
dangerous. These laws help save lives.
Nineteen States, including California, already have these laws on the
books. Red flag laws work, but they need more funding.
The Extreme Risk Protection Order Expansion Act, which I am
reintroducing today, would allow States to use Federal funds to develop
red flag laws.
Passing the Extreme Risk Protection Order Expansion Act would help
States respond to situations where a dangerous person should not have
access to a gun. It will also help us better understand the causes of
gun violence and how to better protect our communities.
When Congress passed the Bipartisan Safer Communities Act last year,
it expanded the Justice Department's existing Byrne-JAG Program to
allow States to apply for Federal grant assistance if they want to
create these laws.
While this was an important first step, I believe we must pass the
Extreme Risk Protection Order Expansion Act to build on the important
work done last Congress and make sure that specific dedicated funding
exists for the development and implementation of red-flag laws.
______
By Mr. PADILLA (for himself, Mrs. Blackburn, Mr. Tillis, and Mrs.
Feinstein):
S. 253. A bill to amend title 17, United States Code, to provide fair
treatment of radio stations and artists for the use of sound
recordings, and for other purposes; to the Committee on the Judiciary.
Mr. PADILLA. Madam President, I rise to speak in support of the
bipartisan American Music Fairness Act, which I have reintroduced with
Senator Blackburn today.
Artists pour their heart and soul into the music we enjoy.
Unfortunately, our current copyright laws do not adequately reflect the
value of what they have produced.
Currently, the United States is the only democratic country in the
world in which artists are not compensated for the use of their music
on AM/FM radio.
By requiring broadcast radio corporations to pay performance
royalties to creators for AM/FM radio plays, the American Music
Fairness Act would close an antiquated loophole in our copyright law
which has prevented artists from receiving compensation for the use of
their music for far too long.
This royalty stream would be particularly meaningful for the
thousands of working-class artists who are a critical part of our
country's vibrant music industry.
Additionally, when American-made music is played overseas, other
countries collect royalties for American artists and producers but
never pay those royalties to our artists because we do not reciprocate.
This inequity costs the American economy and artists more than $200
million each year. This is a serious injustice considering that America
is the origin of so much of the music listened to around the world.
So it is time, once and for all, to create a regime that is platform
neutral and which respects the hard work and dignity of our artists.
But I also want to be clear about something. I am a huge fan of and
true believer in the importance of local radio to the music industry
and to communities all across the United States that rely on radio to
receive timely and relevant news, entertainment, and emergency response
information. The American Music Fairness Act recognizes and
acknowledges the important role that locally owned radio stations play
by including protections for small, college, and noncommercial
stations.
I want to thank Senator Blackburn for introducing this bill with me,
and I hope our colleagues will join us in supporting the thousands of
artists across this country who create the music that contributes to
the soundtrack of our lives.
______
By Ms. COLLINS (for herself, Ms. Sinema, and Mr. King):
S. 255. A bill to authorize certain aliens seeking asylum to be
employed in the United States while their applications are being
adjudicated; to the Committee on the Judiciary.
Ms. COLLINS. Madam President, I rise today to introduce the Asylum
Seeker Work Authorization Act of 2023 with my colleagues Senator Sinema
and Senator King. It is my hope that the changes proposed by our bill
will lessen the burden on the budgets of communities hosting asylum
seekers, while allowing these individuals and their families to support
themselves as they want to do, bringing needed skills to the cities and
towns in which they settle.
This legislation would allow individuals seeking asylum at ports of
entry to be eligible for employment authorizations starting 30 days
after applying for asylum, provided their applications are not
frivolous; they are not detained; and their identities have been
verified, with their names run through the Federal Government's
terrorist watch lists. This change would allow asylum applicants to
work, support themselves, and contribute to society without being as
dependent on assistance from local governments while their claims are
being adjudicated. By encouraging asylum seekers to enter the country
through official ports of entry, this legislation would also help
create a more orderly asylum application process.
[[Page S236]]
Under current law, asylum seekers must wait extended periods of time
after filing their applications before they are allowed to obtain work
permits. This waiting period places the burden of care for these asylum
seekers onto communities across the Nation. One such community is
Portland, ME. Over the span of the last 2 years, a historic number of
asylum seekers have arrived in Portland after crossing our southern
border. Currently, hundreds of asylum seekers are being housed in
emergency shelters and other facilities by the city of Portland. These
asylum seekers could give a much needed boost to Maine businesses that
are facing labor shortages--our State's unemployment rate is just 3.8
percent--but the lengthy work authorization process prevents these
asylum seekers from getting jobs, even to support themselves.
While the Federal Government has provided assistance to Portland and
other communities around our country dealing with a surge in asylum
seekers, it would be a better solution if those seeking asylum were
able to join the workforce and achieve self-sufficiency as quickly as
possible while awaiting the outcome of their cases.
I encourage my colleagues to support this win-win solution that will
allow asylum seekers to work, as they are eager to do.
______
By Mr. DURBIN (for himself and Ms. Collins):
S. 265. A bill to reauthorize the rural emergency medical service
training and equipment assistance program, and for other purposes; to
the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. 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. 265
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 ``Supporting and Improving
Rural EMS Needs Reauthorization Act'' or the ``SIREN
Reauthorization Act''.
SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND
EQUIPMENT ASSISTANCE PROGRAM.
Section 330J of the Public Health Service Act (42 U.S.C.
254c-15) is amended--
(1) in subsection (a), by striking ``the Administrator of
the Health Resources and Services Administration (referred to
in this section as the `Secretary')'' and inserting ``the
Assistant Secretary for Mental Health and Substance Use,'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``; and'' and
inserting a semicolon; and
(ii) by adding at the end the following:
``(E) ensure emergency medical services personnel are
trained on mental health and substance use disorders and care
for individuals with such disorders in emergency situations;
and''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(ii) in subparagraph (C), by striking the period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(D) acquire overdose reversal drugs and devices.'';
(3) by striking subsection (f);
(4) by redesignating subsection (g) as subsection (f); and
(5) in subsection (f)(1), as so redesignated, by striking
``2019 through 2023'' and inserting ``2024 through 2028''.
____________________