[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 362

To provide that 6 of the 12 weeks of parental leave made available to a 
     Federal employee shall be paid leave, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2017

     Mr. Schatz (for himself, Mrs. Gillibrand, and Mr. Van Hollen) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide that 6 of the 12 weeks of parental leave made available to a 
     Federal employee shall be paid leave, and for other purposes.

    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 ``Federal Employees Paid Parental 
Leave Act of 2017''.

SEC. 2. PAID PARENTAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.

    (a) Amendment to Title 5.--Section 6382(d) of title 5, United 
States Code, is amended--
            (1) by inserting ``(1)'' before ``An employee may elect'' 
        the first place it appears;
            (2) by striking ``(A), (B),''; and
            (3) by adding at the end the following:
    ``(2) An employee may elect to substitute for any leave without pay 
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which 
is available to such employee for that purpose.
    ``(3) The paid leave that is available to an employee for purposes 
of paragraph (2) is--
            ``(A) subject to paragraph (6), 6 administrative workweeks 
        of paid parental leave under this subparagraph in connection 
        with the birth or placement involved; and
            ``(B) any annual or sick leave accrued or accumulated by 
        such employee under subchapter I.
    ``(4) Nothing in this subsection shall be considered to require 
that an employee first use all or any portion of the leave described in 
paragraph (3)(B) before being allowed to use the paid parental leave 
described in paragraph (3)(A).
    ``(5) Paid parental leave under paragraph (3)(A)--
            ``(A) shall be payable from any appropriation or fund 
        available for salaries or expenses for positions within the 
        employing agency;
            ``(B) shall not be considered to be annual or vacation 
        leave for purposes of section 5551 or 5552 or for any other 
        purpose; and
            ``(C) if not used by the employee before the end of the 12-
        month period (as referred to in subsection (a)(1)) to which it 
        relates, shall not accumulate for any subsequent use.
    ``(6) The Director of the Office of Personnel Management--
            ``(A) may promulgate regulations to increase the amount of 
        paid parental leave available to an employee under paragraph 
        (3)(A), to a total of not more than 12 administrative 
        workweeks, based on the consideration of--
                    ``(i) the benefits provided to the Federal 
                Government of offering increased paid parental leave, 
                including enhanced recruitment and retention of 
                employees;
                    ``(ii) the cost to the Federal Government of 
                increasing the amount of paid parental leave that is 
                available to employees;
                    ``(iii) trends in the private sector and in State 
                and local governments with respect to offering paid 
                parental leave;
                    ``(iv) the role of the Federal Government as a 
                model employer;
                    ``(v) the impact of increased paid parental leave 
                on lower-income and economically disadvantaged 
                employees and their children; and
                    ``(vi) such other factors as the Director considers 
                necessary; and
            ``(B) shall prescribe any regulations necessary to carry 
        out this subsection, including, subject to paragraph (4), the 
        manner in which an employee may designate any day or other 
        period as to which such employee wishes to use paid parental 
        leave described in paragraph (3)(A).''.
    (b) TSA.--
            (1) In general.--Section 114(n) of title 49, United States 
        Code, is amended--
                    (A) by striking ``The personnel management system'' 
                and inserting the following:
            ``(1) In general.--The personnel management system''; and
                    (B) by adding at the end the following:
            ``(2) Family and medical leave including paid parental 
        leave.--The personnel management system under paragraph (1) 
        shall include family and medical leave (including the ability 
        to substitute paid leave (including paid parental leave) for 
        any leave without pay under such family and medical leave) for 
        employees of the Transportation Security Administration 
        (including security screening personnel described in section 
        111(d) of the Aviation and Transportation Security Act (49 
        U.S.C. 44935 note)), which shall be provided in accordance with 
        subchapter V of chapter 63 of title 5.''.
            (2) Conforming amendments relating to screener personnel.--
        Section 111(d) of the Aviation and Transportation Security Act 
        (49 U.S.C. 44935 note) is amended--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following:
            ``(3) Family and medical leave including paid parental 
        leave.--Notwithstanding any other provision of law, security 
        screening personnel described in paragraph (1) shall be 
        eligible for family and medical leave (including the ability to 
        substitute paid leave (including paid parental leave) for any 
        leave without pay under such family and medical leave) under 
        subchapter V of chapter 63 of title 5, United States Code, and 
        in accordance with section 114(n)(2) of title 49, United States 
        Code.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any birth or placement that occurs on or after 
the date that is 6 months after the date of enactment of this Act.

SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.

    (a) Amendment to Congressional Accountability Act.--Section 202 of 
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is 
amended--
            (1) in subsection (a)(1), by adding at the end the 
        following: ``In applying section 102(a)(1) (A) and (B) of such 
        Act to covered employees, subsection (d) shall apply.'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following:
    ``(d) Special Rule for Paid Parental Leave for Congressional 
Employees.--
            ``(1) Substitution of paid leave.--A covered employee 
        taking leave without pay under subparagraph (A) or (B) of 
        section 102(a)(1) of the Family and Medical Leave Act of 1993 
        (29 U.S.C. 2612(a)(1)) may elect to substitute for any such 
        leave any paid leave which is available to such employee for 
        that purpose.
            ``(2) Amount of paid leave.--The paid leave that is 
        available to a covered employee for purposes of paragraph (1) 
        is--
                    ``(A) the number of weeks of paid parental leave in 
                connection with the birth or placement involved that 
                correspond to the number of administrative workweeks of 
                paid parental leave available to Federal employees 
                under section 6382(d)(3)(A) of title 5, United States 
                Code; and
                    ``(B) any additional paid vacation or sick leave 
                provided by the employing office to such employee.
            ``(3) Limitation.--Nothing in this subsection shall be 
        considered to require that an employee first use all or any 
        portion of the leave described in subparagraph (B) of paragraph 
        (2) before being allowed to use the paid parental leave 
        described in subparagraph (A) of paragraph (2).
            ``(4) Additional rules.--Paid parental leave under 
        paragraph (2)(A)--
                    ``(A) shall be payable from any appropriation or 
                fund available for salaries or expenses for positions 
                within the employing office; and
                    ``(B) if not used by the covered employee before 
                the end of the 12-month period (as referred to in 
                section 102(a)(1) of the Family and Medical Leave Act 
                of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, 
                shall not accumulate for any subsequent use.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any birth or placement that occurs on or after 
the date that is 6 months after the date of enactment of this Act.

SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO 
              AND LIBRARY OF CONGRESS EMPLOYEES.

    (a) Amendment to Family and Medical Leave Act of 1993.--Section 
102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) 
is amended by adding at the end the following:
            ``(3) Special rule for gao and library of congress 
        employees.--
                    ``(A) Substitution of paid leave.--An employee of 
                an employer described in section 101(4)(A)(iv) taking 
                leave under subparagraph (A) or (B) of subsection 
                (a)(1) may elect to substitute for any such leave any 
                paid leave which is available to such employee for that 
                purpose.
                    ``(B) Amount of paid leave.--The paid leave that is 
                available to an employee of an employer described in 
                section 101(4)(A)(iv) for purposes of subparagraph (A) 
                is--
                            ``(i) the number of weeks of paid parental 
                        leave in connection with the birth or placement 
                        involved that correspond to the number of 
                        administrative workweeks of paid parental leave 
                        available to Federal employees under section 
                        6382(d)(3)(A) of title 5, United States Code; 
                        and
                            ``(ii) any additional paid vacation or sick 
                        leave provided by such employer.
                    ``(C) Limitation.--Nothing in this paragraph shall 
                be considered to require that an employee first use all 
                or any portion of the leave described in clause (ii) of 
                subparagraph (B) before being allowed to use the paid 
                parental leave described in clause (i) of such 
                subparagraph.
                    ``(D) Additional rules.--Paid parental leave under 
                subparagraph (B)(i)--
                            ``(i) shall be payable from any 
                        appropriation or fund available for salaries or 
                        expenses for positions with the employer 
                        described in section 101(4)(A)(iv); and
                            ``(ii) if not used by the employee of such 
                        employer before the end of the 12-month period 
                        (as referred to in subsection (a)(1)) to which 
                        it relates, shall not accumulate for any 
                        subsequent use.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any birth or placement that occurs on or after 
the date that is 6 months after the date of enactment of this Act.

SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.

    (a) Executive Branch Employees.--For purposes of determining the 
eligibility of an employee who is a member of the National Guard or 
Reserves to take leave under subparagraph (A) or (B) of section 
6382(a)(1) of title 5, United States Code, or to substitute such leave 
pursuant to subsection (d)(2) of section 6382 of such title (as added 
by section 2), any service by such employee on covered active duty (as 
defined in section 6381(7) of such title) shall be counted as service 
as an employee for purposes of section 6381(1)(B) of such title.
    (b) TSA Employees.--For purposes of determining the eligibility of 
an employee of the Transportation Security Administration (including 
security screening personnel described in section 111(d) of the 
Aviation and Transportation Security Act (49 U.S.C. 44935 note)) who is 
a member of the National Guard or Reserves to take leave in a 
circumstance described in subparagraph (A) or (B) of section 6382(a)(1) 
of title 5, United States Code, or to substitute such leave in a manner 
described in subsection (d)(2) of section 6382 of such title (as added 
by section 2), any service by such employee on covered active duty (as 
defined in section 6381(7) of such title) shall be counted as service 
as an employee for purposes of determining whether the employee has 
completed 12 months of service as an employee.
    (c) Congressional Employees.--For purposes of determining the 
eligibility of a covered employee (as such term is defined in section 
101(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 
1301(3))) who is a member of the National Guard or Reserves to take 
leave under subparagraph (A) or (B) of section 102(a)(1) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) (pursuant to 
section 202(a)(1) of the Congressional Accountability Act of 1995), or 
to substitute such leave pursuant to subsection (d) of section 202 of 
such Act (as added by section 3), any service by such employee on 
covered active duty (as defined in section 101(14) of the Family and 
Medical Leave Act of 1993) shall be counted as time during which such 
employee has been employed in an employing office for purposes of 
section 202(a)(2)(B) of the Congressional Accountability Act of 1995.
    (d) GAO and Library of Congress Employees.--For purposes of 
determining the eligibility of an employee of the Government 
Accountability Office or Library of Congress who is a member of the 
National Guard or Reserves to take leave under subparagraph (A) or (B) 
of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2612(a)(1)), or to substitute such leave pursuant to paragraph 
(3) of section 102(d) of such Act (as added by section 4), any service 
by such employee on covered active duty (as defined in section 101(14) 
of such Act) shall be counted as time during which such employee has 
been employed for purposes of section 101(2)(A) of such Act.

SEC. 6. GAO REPORT.

    Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report on the implementation of this Act and the amendments made by 
this Act, which shall include--
            (1) statistical information about the number of days of 
        paid and unpaid parental leave used by employees covered by 
        this Act or an amendment made by this Act according to race, 
        ethnicity, gender, and pay level; and
            (2) an evaluation of the effect of this Act and the 
        amendments made by this Act on the recruitment and retention of 
        such employees.
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