[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3104 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3104

 To make technical corrections relating to parental leave for Federal 
                               employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2019

   Mr. Schumer (for himself, Mr. Peters, Mrs. Murray, Mr. Reed, Mr. 
Schatz, and Ms. Cantwell) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To make technical corrections relating to parental leave for Federal 
                               employees.

    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 Employee Parental Leave 
Technical Correction Act''.

SEC. 2. FAMILY AND MEDICAL LEAVE AMENDMENTS.

    (a) In General.--
            (1) Paid parental leave for employees of district of 
        columbia courts and district of columbia public defender 
        service.--
                    (A) District of columbia courts.--Section 11-1726, 
                District of Columbia Official Code, is amended by 
                adding at the end the following new subsection:
    ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.) with respect to nonjudicial employees of the 
District of Columbia courts, the Joint Committee on Judicial 
Administration shall, notwithstanding any provision of such Act, 
establish a paid parental leave program for the leave described in 
subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 
2612(a)(1)) (relating to leave provided in connection with the birth of 
a child or the placement of a child for adoption or foster care). In 
developing the terms and conditions for this program, the Joint 
Committee may be guided by the terms and conditions applicable to the 
provision of paid parental leave for employees of the Federal 
Government under chapter 63 of title 5, United States Code, and any 
corresponding regulations.''.
                    (B) District of columbia public defender service.--
                Section 305 of the District of Columbia Court Reform 
                and Criminal Procedure Act of 1970 (sec. 2-1605, D.C. 
                Official Code) is amended by adding at the end the 
                following new subsection:
    ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.) with respect to employees of the Service, the 
Director shall, notwithstanding any provision of such Act, establish a 
paid parental leave program for the leave described in subparagraphs 
(A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
(relating to leave provided in connection with the birth of a child or 
the placement of a child for adoption or foster care). In developing 
the terms and conditions for this program, the Director may be guided 
by the terms and conditions applicable to the provision of paid 
parental leave for employees of the Federal Government under chapter 63 
of title 5, United States Code, and any corresponding regulations.''.
            (2) Clarification of use of other leave in addition to 12 
        weeks as family and medical leave.--
                    (A) Title 5.--Section 6382(a) of title 5, United 
                States Code, as amended by section 7602 of the National 
                Defense Authorization Act for Fiscal Year 2020, is 
                amended--
                            (i) in paragraph (1), in the matter 
                        preceding subparagraph (A), by inserting ``(or, 
                        in the case of leave that includes leave under 
                        subparagraph (A) or (B) of this paragraph, 12 
                        administrative workweeks of leave plus any 
                        additional period of leave used under 
                        subsection (d)(2)(B)(ii))'' after ``12 
                        administrative workweeks of leave''; and
                            (ii) in paragraph (4), by inserting ``(or 
                        26 administrative workweeks of leave plus any 
                        additional period of leave used under 
                        subsection (d)(2)(B)(ii))'' after ``26 
                        administrative workweeks of leave''.
                    (B) Congressional employees.--Section 202(a)(1) of 
                the Congressional Accountability Act of 1995 (2 U.S.C. 
                1312(a)(1)), as amended by section 7603 of the National 
                Defense Authorization Act for Fiscal Year 2020, is 
                amended--
                            (i) in the second sentence, by inserting 
                        ``and in the case of leave that includes leave 
                        for such an event, the period of leave to which 
                        a covered employee is entitled under section 
                        102(a)(1) of such Act shall be 12 
                        administrative workweeks of leave plus any 
                        additional period of leave used under 
                        subsection (d)(2)(B) of this section'' before 
                        the period; and
                            (ii) by striking the third sentence and 
                        inserting the following: ``For purposes of 
                        applying section 102(a)(4) of such Act, in the 
                        case of leave that includes leave under 
                        subparagraph (A) or (B) of section 102(a)(1) of 
                        such Act, a covered employee is entitled, under 
                        paragraphs (1) and (3) of section 102(a) of 
                        such Act, to a combined total of 26 workweeks 
                        of leave plus any additional period of leave 
                        used under subsection (d)(2)(B) of this 
                        section.''.
                    (C) Other employees covered under the family and 
                medical leave act of 1993.--Section 102(a) of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 
                2611(a)) is amended by adding at the end the following:
            ``(6) Special rules on period of leave.--With respect to an 
        employee of the Government Accountability Office and an 
        employee of the Library of Congress--
                    ``(A) in the case of leave that includes leave 
                under subparagraph (A) or (B) of paragraph (1), the 
                employee shall be entitled to 12 administrative 
                workweeks of leave plus any additional period of leave 
                used under subsection (d)(3)(B)(ii) of this section or 
                section 202(d)(2)(B) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as 
                the case may be; and
                    ``(B) for purposes of paragraph (4), the employee 
                is entitled, under paragraphs (1) and (3), to a 
                combined total of 26 workweeks of leave plus, if 
                applicable, any additional period of leave used under 
                subsection (d)(3)(B)(ii) of this section or section 
                202(d)(2)(B) of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''.
            (3) Applicability.--The amendments made by this section 
        shall not be effective with respect to any birth or placement 
        occurring before October 1, 2020.
    (b) Paid Parental Leave for Presidential Employees.--
            (1) Amendments to chapter 5 of title 3, united states 
        code.--Section 412 of title 3, United States Code, is amended--
                    (A) in subsection (a)(1), by adding at the end the 
                following: ``In applying section 102 of such Act with 
                respect to leave for an event described in subsection 
                (a)(1)(A) or (B) of such section to covered employees, 
                subsection (c) of this section shall apply and in the 
                case of leave that includes leave for such an event, 
                the period of leave to which a covered employee is 
                entitled under section 102(a)(1) of such Act shall be 
                12 administrative workweeks of leave plus any 
                additional period of leave used under subsection 
                (c)(2)(B) of this section. For purposes of applying 
                section 102(a)(4) of such Act, in the case of leave 
                that includes leave under subparagraph (A) or (B) of 
                section 102(a)(1) of such Act, a covered employee is 
                entitled, under paragraphs (1) and (3) of section 
                102(a) of such Act, to a combined total of 26 workweeks 
                of leave plus any additional period of leave used under 
                subsection (c)(2)(B) of this section.'';
                    (B) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively;
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Special Rule for Paid Parental Leave.--
            ``(1) Substitution of paid leave.--A covered employee may 
        elect to substitute for any 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)) 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 
                corresponds to the number of administrative workweeks 
                of paid parental leave available to employees under 
                section 6382(d)(2)(B)(i) of title 5, United States 
                Code; and
                    ``(B) during the 12-month period referred to in 
                section 102(a)(1) of the Family and Medical Leave Act 
                of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the 
                administrative workweeks described in subparagraph (A), 
                any additional paid vacation, personal, family, 
                medical, or sick leave provided by the employing office 
                to such employee.
            ``(3) Limitation.--Nothing in this section or section 
        102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2612(d)(2)(A)) shall be considered to require or permit 
        an employing office to require that an employee first use all 
        or any portion of the leave described in paragraph (2)(B) 
        before being allowed to use the paid parental leave described 
        in paragraph (2)(A).
            ``(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;
                    ``(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; and
                    ``(C) shall apply without regard to the limitations 
                in subparagraph (E), (F), or (G) of section 6382(d)(2) 
                of title 5, United States Code, or section 104(c)(2) of 
                the Family and Medical Leave Act of 1993 (29 U.S.C. 
                2614(c)(2)).''; and
                    (D) in subsection (e)(1), as so redesignated, by 
                striking ``subsection (c)'' and inserting ``subsection 
                (d)''.
            (2) Applicability.--The amendments made by this subsection 
        shall not be effective with respect to any birth or placement 
        occurring before October 1, 2020.
    (c) FAA and TSA.--
            (1) Application of federal fml.--
                    (A) In general.--Section 40122(g)(2) of title 49, 
                United States Code, is amended--
                            (i) in subparagraph (I)(iii), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (J), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(K) subchapter V of chapter 63, relating to 
                family and medical leave.''.
                    (B) Applicability.--The amendments made by 
                subparagraph (A) shall not be effective with respect to 
                any event for which leave may be taken under subchapter 
                V of chapter 63 of title 5, United States Code, 
                occurring before October 1, 2020.
            (2) Corrections for tsa screeners.--Section 7606 of the 
        National Defense Authorization Act for Fiscal Year 2020 is 
        amended--
                    (A) by striking ``Section 111(d)(2)'' and inserting 
                the following:
    ``(a) In General.--Section 111(d)(2)''; and
                    (B) by adding at the end the following:
    ``(b) Effective Date; Application.--
            ``(1) In general.--The amendment made by subsection (a) 
        shall not be effective with respect to any event for which 
        leave may be taken under subchapter V of chapter 63 of title 5, 
        United States Code, occurring before October 1, 2020.
            ``(2) Application to service requirement for eligibility.--
        For purposes of applying the period of service requirement 
        under subparagraph (B) of section 6381(1) to an individual 
        appointed under section 111(d)(1) of the Aviation and 
        Transportation Security Act (49 U.S.C. 44935 note), the 
        amendment made by subsection (a) of this section shall apply 
        with respect to any period of service by the individual under 
        such an appointment, including service before the effective 
        date of such amendment.''.
    (d) Title 38 Employees.--
            (1) In general.--Section 7425 of title 38, United States 
        Code, is amended--
                    (A) in subsection (b), by striking 
                ``Notwithstanding'' and inserting ``Except as provided 
                in subsection (c), and notwithstanding''; and
                    (B) by adding at the end the following:
    ``(c) Notwithstanding any other provision of this subchapter, the 
Administration shall provide to individuals appointed to any position 
described in section 7421(b) who are employed by the Administration 
family and medical leave in the same manner, to the maximum extent 
practicable, as family and medical leave is provided under subchapter V 
of chapter 63 of title 5 to employees, as defined in section 6381(1) of 
such title.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall not be effective with respect to any event for which 
        leave may be taken under subchapter V of chapter 63 of title 5, 
        United States Code, occurring before October 1, 2020.
    (e) Article I Judges.--
            (1) Bankruptcy judges.--Section 153(d) of title 28, United 
        States Code, is amended--
                    (A) by striking ``A bankruptcy judge'' and 
                inserting ``(1) Except as provided in paragraph (2), a 
                bankruptcy judge''; and
                    (B) by adding at the end the following:
    ``(2) The provisions of subchapter V of chapter 63 of title 5 shall 
apply to a bankruptcy judge as if the bankruptcy judge were an employee 
(within the meaning of subparagraph (A) of section 6381(1) of such 
title).''.
            (2) Magistrate judges.--Section 631(k) of title 28, United 
        States Code, is amended--
                    (A) by striking ``A United States magistrate 
                judge'' and inserting ``(1) Except as provided in 
                paragraph (2), a United States magistrate judge''; and
                    (B) by adding at the end the following:
    ``(2) The provisions of subchapter V of chapter 63 of title 5 shall 
apply to a United States magistrate judge as if the United States 
magistrate judge were an employee (within the meaning of subparagraph 
(A) of section 6381(1) of such title).''.
    (f) Technical Corrections.--
            (1) Section 7605 of the National Defense Authorization Act 
        for Fiscal Year 2020 is amended by striking ``on active duty'' 
        each place it appears and inserting ``on covered active duty''.
            (2) Subparagraph (E) of section 6382(d)(2) of title 5, 
        United States Code, as added by section 7602 of the National 
        Defense Authorization Act for Fiscal Year 2020, is amended by 
        striking ``the requirement to complete'' and all that follows 
        and inserting ``the service requirement under subparagraph (B) 
        of section 6381(1).''.
    (g) Effective Date.--The amendments made by this section shall take 
effect as if enacted immediately after the enactment of the National 
Defense Authorization Act for Fiscal Year 2020.
                                 <all>