[Congressional Record Volume 171, Number 24 (Wednesday, February 5, 2025)]
[Senate]
[Pages S668-S671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Hickenlooper, Mrs. Gillibrand,
Mr. Merkley, Mr. Blumenthal, Mr. Welch, Ms. Smith, Mrs. Murray,
Mr. Padilla, and Ms. Duckworth):
S. 437. 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 grand children's
educational and extracurricular activities or meet family care needs;
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. 437
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 or a
covered servicemember, means any person with whom the
employee or covered servicemember, as the case may be, has a
significant personal bond that is or is like a family
relationship, regardless of biological or legal relationship.
[[Page S669]]
``(21) Domestic partner.--The term `domestic partner', used
with respect to an employee or a covered servicemember,
means--
``(A) the person recognized as the domestic partner of the
employee or covered servicemember 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 or covered
servicemember, an unmarried adult person who is in a
committed, personal relationship with the employee or covered
servicemember, 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 or covered service member as the domestic partner of
that employee or covered servicemember.
``(22) Grandchild.--The term `grandchild', used with
respect to an employee or a covered servicemember, means the
son or daughter of a son or daughter of the employee or
covered service member.
``(23) Grandparent.--The term `grandparent', used with
respect to an employee or a covered servicemember, means a
parent of a parent of the employee or covered service member.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to an employee or a covered servicemember, mean
a son or daughter of the sibling of the employee or covered
service member.
``(25) Parent-in-law.-- The term `parent-in-law', used with
respect to an employee or a covered servicemember, means a
parent of the spouse or domestic partner of the employee or
covered service member.
``(26) Sibling.--The term `sibling', used with respect to
an employee or a covered servicemember, means any person who
is a son or daughter of parent of the employee or covered
service member (other than the employee or covered
servicemember).
``(27) Son-in-law; daughter-in-law.--The terms `son-in-law'
and `daughter-in-law', used with respect to an employee or a
covered servicemember, mean any person who is a spouse or
domestic partner of a son or daughter, as the case may be, of
the employee or covered service member.
``(28) Uncle; aunt.--The terms `uncle' and `aunt', used
with respect to an employee or a covered servicemember, mean
the son or daughter, as the case may be, of the grandparent
of the employee or covered servicemember (other than the
parent of the employee or covered service member).''.
(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 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 or a covered servicemember, means
any person with whom the employee or covered servicemember,
as the case may be, 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 or a covered servicemember, means--
``(A) the person recognized as the domestic partner of the
employee or covered servicemember 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 or covered
servicemember, an unmarried adult person who is in a
committed, personal relationship with the employee or covered
servicemember, is not a domestic partner as described in
subparagraph (A) to or in such a relationship with any other
person, and who
[[Page S670]]
is designated to the employing agency by such employee or
covered service member as the domestic partner of that
employee or covered servicemember;
``(15) the term `grandchild', used with respect to an
employee or a covered servicemember, means the son or
daughter of a son or daughter of the employee or covered
service member;
``(16) the term `grandparent', used with respect to an
employee or a covered servicemember, means a parent of a
parent of the employee or covered service member;
``(17) the terms `nephew' and `niece', used with respect to
an employee or a covered servicemember, mean a son or
daughter of the sibling of the employee or covered service
member;
``(18) the term `parent-in-law', used with respect to an
employee or a covered servicemember, means a parent of the
spouse or domestic partner of the employee or covered service
member;
``(19) the term `sibling', used with respect to an employee
or a covered servicemember, means any person who is a son or
daughter of parent of the employee or covered service member
(other than the employee or covered servicemember);
``(20) the terms `son-in-law' and `daughter-in-law', used
with respect to an employee or a covered servicemember, mean
any person who is a spouse or domestic partner of a son or
daughter, as the case may be, of the employee or covered
service member;
``(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) terms `uncle' and `aunt', used with respect to an
employee or a covered servicemember, mean the son or
daughter, as the case may be, of the grandparent of the
employee or covered servicemember (other than the parent of
the employee or covered service member).''.
(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 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--
[[Page S671]]
``(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''.
____________________