[Congressional Record Volume 165, Number 205 (Wednesday, December 18, 2019)]
[Senate]
[Pages S7159-S7163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 3096. A bill to amend the Public Health Service Act to authorize 
the Director of the Centers for Disease Control Prevention to develop a 
program to prevent the use of electronic nicotine delivery systems 
among students in middle and high schools, to award grants to State and 
local health agencies to implement such 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. 3096

       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 ``Providing Resources to End 
     the Vaping Epidemic Now for Teenagers Act of 2020'' or the 
     ``PREVENT Act of 2020''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) High school e-cigarette use increased by 135 percent 
     between 2017 and 2019.
       (2) Middle school e-cigarette use increased by 
     approximately 218 percent between 2017 and 2019.
       (3) Results from the National Youth Tobacco Survey of the 
     Centers for Disease Control and Prevention (in this section 
     referred to as ``CDC'') and the Food and Drug Administration 
     (in this section referred to as ``FDA'') published in 
     December 2019 show that 27.5 percent of high school students 
     and 10.5 percent of middle school students reported using an 
     e-cigarette in the previous 30 days, up from 20.8 percent and 
     4.9 percent, respectively, in 2018.
       (4) In 2019, more than one-third (34.2 percent) of high 
     school e-cigarette users reported using e-cigarettes products 
     frequently, on 20 to 30 days in the past month.
       (5) The CDC, the FDA, the Department of Health and Human 
     Services, the Surgeon General, and various State and local 
     health authorities have determined the skyrocketing e-
     cigarette use amongst American youth to be an ``epidemic''.
       (6) According to the CDC, the use of nicotine among 
     adolescents can be detrimental to memory making, learning, 
     and behavior, and e-cigarette use has been linked to lung 
     conditions and mysterious illness.
       (7) According to data from the FDA's Population Assessment 
     of Tobacco and Health Study, youth e-cigarette use is 
     associated with more than four times the odds of trying 
     cigarettes and nearly three times the odds of current 
     cigarette use.
       (8) The CDC and FDA continue to reiterate that the use of 
     any tobacco product, including e-cigarettes, is unsafe for 
     young people.

     SEC. 3. GRANT PROGRAM TO PREVENT THE USE OF ELECTRONIC 
                   NICOTINE DELIVERY SYSTEMS IN MIDDLE AND HIGH 
                   SCHOOLS.

       Title III of the Public Health Service Act is amended by 
     inserting after section 317T of such Act (42 U.S.C. 247b-22) 
     the following:

     ``SEC. 317U. GRANT PROGRAM TO PREVENT THE USE OF ELECTRONIC 
                   NICOTINE DELIVERY SYSTEMS IN MIDDLE AND HIGH 
                   SCHOOLS.

       ``(a) Establishment.--The Secretary, acting through the 
     Director, in coordination with the Commissioner of Food and 
     Drugs, shall--
       ``(1) develop a program to prevent the use of electronic 
     nicotine delivery systems among students in middle and high 
     schools; and
       ``(2) award grants to eligible entities to implement such 
     program in the geographic area served by such agencies and 
     organizations.
       ``(b) Eligible Entities.--To seek a grant under this 
     section, an entity shall be--
       ``(1) a State or local health agency;
       ``(2) a nonprofit organization; or
       ``(3) if the grant is to serve students in a rural area, a 
     partnership of--
       ``(A) an entity described in paragraph (1) or (2); and
       ``(B) a local educational agency or a hospital.
       ``(c) Program Requirements.--The program developed under 
     subsection (a)(1) to prevent the use of electronic nicotine 
     delivery systems among students in middle and high schools 
     shall address each of the following:
       ``(1) Training for school personnel to identify and prevent 
     the use by youth of electronic nicotine delivery systems.
       ``(2) Creating and distributing educational resources for 
     preventing the use of electronic nicotine delivery systems, 
     designed for students, parents, and school personnel.
       ``(3) Social media and marketing campaigns to educate 
     students on the health risks of the use of electronic 
     nicotine delivery systems and nicotine addiction, to be 
     designed by the Centers for Disease Control and Prevention 
     and implemented by grantees in partnership with private 
     advertising companies, nonprofit organizations, and advocacy 
     organizations that specialize in youth substance use 
     prevention and addiction treatment.
       ``(4) Resources for students on how to communicate with 
     their peers on the dangers of e-cigarette use.
       ``(5) Partnering with school counseling personnel to assist 
     students impacted by youth vaping.
       ``(6) Offering public health resources and counseling to 
     help treat youth nicotine addiction and recovery.
       ``(d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities proposing 
     to serve underserved populations with the greatest use of 
     vaping products.
       ``(e) Application.--To seek a grant under subsection 
     (a)(2), an eligible entity shall submit an application at 
     such time, in such manner, and containing such information as 
     the Director may require.
       ``(f) Geographic Distribution.--In awarding grants under 
     this section, the Secretary shall ensure that such grants are 
     distributed equitably across urban and rural areas.
       ``(g) Consultation.--As a condition on receipt of a grant 
     under subsection (a)(2), an eligible entity shall agree that, 
     in carrying out its program funded through the grant, the 
     agency will consult with the following:
       ``(1) Public health, health care, and youth vaping 
     prevention advocacy organizations, and organizations 
     representing educators.
       ``(2) Organizations that specialize in addiction prevention 
     and treatment.
       ``(3) Mental health and medical specialists, including 
     professionals who specialize in child development.
       ``(4) School principals and other school administrators.
       ``(h) Reporting.--
       ``(1) By grantees.--As a condition on the receipt of a 
     grant under subsection (a)(2), an eligible entity shall agree 
     to submit to the Director a report annually over the grant 
     period. Each such report shall address the following:
       ``(A) The greatest obstacles in implementing the program 
     developed under subsection (a)(1).
       ``(B) The greatest obstacles in preventing the use by youth 
     of electronic nicotine delivery systems.
       ``(C) Additional resources are needed to address the 
     popularity of electronic delivery systems and youth vaping 
     culture.
       ``(2) Reporting by cdc.--Not later than 2 years after the 
     program is developed pursuant to subsection (a)(1), and 
     annually thereafter, the Director shall submit to Congress a 
     report on the following:
       ``(A) How the funds made available for carrying out this 
     section were used in developing a program under subsection 
     (a)(1) and implementing such program through grants under 
     subsection (a)(2).
       ``(B) Which strategies or resources were effective in 
     preventing the use by youth of electronic nicotine delivery 
     systems.
       ``(C) Which strategies or resources were not effective in 
     preventing the use by youth of electronic nicotine delivery 
     systems.
       ``(3) Posting of reports and compiled findings.--The 
     Director shall--
       ``(A) not later than 60 days after receiving a report 
     submitted by a grantee pursuant to paragraph (1), summarize 
     the key findings of such report and post such summary on the 
     public internet website of the Centers for Disease Control 
     and Prevention; and
       ``(B) not later than 60 days after submitting a report to 
     Congress under paragraph (2), summarize the key findings of 
     the report and post such summary on such public internet 
     website.
       ``(i) Definitions.--In this section:
       ``(1) The term `Director' means the Director of the Centers 
     for Disease Prevention and Control.
       ``(2) The term `electronic nicotine delivery system' has 
     the meaning given to such term

[[Page S7160]]

     in section 919A of the Federal Food, Drug, and Cosmetic Act.
       ``(j) Funding.--Out of amounts collected as fees under 
     section 919A of the Federal Food, Drug, and Cosmetic Act, 
     there are authorized to be appropriated to carry out this 
     section the following:
       ``(1) For fiscal year 2021, $200,000,000.
       ``(2) For each of fiscal years 2022 and 2023, the amount 
     described in paragraph (1), adjusted by the percentage change 
     in the Consumer Price Index for all urban consumers (all 
     items; United States city average) between 2021 and the 
     applicable year.''.

     SEC. 4. USER FEES RELATING TO ELECTRONIC NICOTINE DELIVERY 
                   SYSTEMS.

       (a) In General.--Chapter IX of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387 et seq.) is amended by inserting 
     after section 919 the following:

     ``SEC. 919A. USER FEES RELATING TO ELECTRONIC NICOTINE 
                   DELIVERY SYSTEMS.

       ``(a) Establishment of Quarterly Fee.--Beginning with 
     fiscal year 2021, the Secretary, acting through the 
     Commissioner of Food and Drugs, shall assess user fees on, 
     and collect such fees from, each manufacturer and importer of 
     electronic nicotine delivery systems. The fees shall be 
     assessed and collected with respect to each quarter of each 
     fiscal year, and the total amount assessed and collected for 
     a fiscal year shall be the amount specified in subsection 
     (b)(1) for such year, subject to subsection (c).
       ``(b) Assessment of User Fee.--
       ``(1) Amount of assessment.--The total amount of user fees 
     authorized to be assessed and collected under subsection (a) 
     for a fiscal year is the following, as applicable to the 
     fiscal year involved:
       ``(A) For fiscal year 2021, $200,000,000.
       ``(B) For fiscal year 2022 and fiscal year 2023, the amount 
     described in subparagraph (A), adjusted by the percentage 
     change in the Consumer Price Index for all urban consumers 
     (all items; United States city average) between 2021 and the 
     applicable year.
       ``(2) Determination of user fee by company.--The total user 
     fee to be paid by each manufacturer or importer of electronic 
     nicotine delivery systems shall be determined for each 
     quarter pursuant to a formula developed by the Secretary.
       ``(3) Timing of assessment.--The Secretary shall notify 
     each manufacturer and importer of electronic nicotine 
     delivery systems subject to this section of the amount of the 
     quarterly assessment imposed on such manufacturer or importer 
     under this subsection for each quarter of each fiscal year. 
     Such notifications shall occur not later than 30 days prior 
     to the end of the quarter for which such assessment is made, 
     and payments of all assessments shall be made by the last day 
     of the quarter involved.
       ``(4) Calculation of market share.--Beginning not later 
     than fiscal year 2020, and for each subsequent fiscal year, 
     the Secretary shall ensure that the Food and Drug 
     Administration is able to determine--
       ``(A) the annual amount of total sales in the electronic 
     nicotine delivery system market of the United States; and
       ``(B) the applicable percentage shares under paragraph (2).
       ``(c) Crediting and Availability of Fees.--
       ``(1) In general.--Fees authorized under subsection (a) 
     shall be collected and available for obligation only to the 
     extent and in the amount provided in advance in 
     appropriations Acts. Such fees are authorized to remain 
     available until expended. Such sums as may be necessary may 
     be transferred from the `Food and Drug Administration--
     Salaries and Expenses' account without fiscal year limitation 
     to such appropriation account for salaries and expenses with 
     such fiscal year limitation.
       ``(2) Availability.--Fees appropriated under paragraph (3) 
     shall be--
       ``(A) transferred to the Centers for Disease Control and 
     Prevention; and
       ``(B) available only for the purpose of paying the costs of 
     carrying out section 317U of the Public Health Service Act.
       ``(3) Authorization of appropriations.--For fiscal year 
     2021 and each subsequent fiscal year, there is authorized to 
     be appropriated for fees under this section an amount equal 
     to the amount specified in subsection (b)(1) for the fiscal 
     year.
       ``(d) Applicability to Fiscal Year 2020.--If the date of 
     enactment of the Providing Resources to End the Vaping 
     Epidemic Now for Teenagers Act of 2020 occurs during fiscal 
     year 2021, the following applies:
       ``(1) The Secretary shall determine the fees that would 
     apply for a single quarter of such fiscal year according to 
     the application of subsection (b) to the amount specified in 
     paragraph (1)(A) of such subsection (referred to in this 
     subsection as the `quarterly fee amount').
       ``(2) For the quarter in which such date of enactment 
     occurs and any preceding quarter of fiscal year 2021, fees 
     shall not be assessed or collected under this section.
       ``(3) The amount specified in subsection (b)(1)(A) is 
     deemed to be reduced by the quarterly amount for each quarter 
     for which fees are not assessed or collected by operation of 
     paragraph (3).
       ``(4) For any quarter in fiscal year 2021 following the 
     quarter in which the date of enactment of the Providing 
     Resources to End the Vaping Epidemic Now for Teenagers Act of 
     2020 occurs, the full quarterly fee amount shall be assessed 
     and collected.''.
       (b) Enforcement.--
       (1) In general.--Section 902(4) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 387b(4)) is amended by inserting 
     ``, or the manufacturer or importer of electronic nicotine 
     delivery systems fails to pay a user fee assessed to such 
     manufacturer or importer pursuant to section 919A by the date 
     specified in section 919A or by the 30th day after final 
     agency action on a resolution of any dispute as to the amount 
     of such fee'' before the semicolon.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the later of October 1, 2021, or the 
     date of enactment of this Act.
       (c) Definition.--Section 900 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387) is amended--
       (1) by redesignating paragraphs (8) through (22) as 
     paragraphs (9) through (23), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Electronic nicotine delivery system.--The term 
     `electronic nicotine delivery system'--
       ``(A) means a tobacco product that is an electronic device 
     that delivers nicotine, flavor, or another substance via an 
     aerosolized solution to the user inhaling from the device 
     (including e-cigarettes, e-hookah, e-cigars, vape pens, 
     advanced refillable personal vaporizers, and electronic 
     pipes) and any component, liquid, part, or accessory of such 
     a device, whether or not sold separately; and
       ``(B) does not include a product that is approved by the 
     Food and Drug Administration for sale as a tobacco cessation 
     product or for another therapeutic purpose.''.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Heinrich, Mr. Udall, Mr. Peters, 
        Ms. Smith, Mr. Cardin, Ms. Hassan, Ms. Klobuchar, Mr. Van 
        Hollen, Mr. Durbin, Ms. Warren, Mr. Blumenthal, Ms. Hirono, Mr. 
        Wyden, Mr. Booker, Mr. Sanders, Mr. Brown, Mr. Bennet, Mr. 
        Reed, Mr. Warner, Ms. Baldwin, Mr. Casey, and Mr. Markey):
  S. 3102. A bill to require the Bureau of Economic Analysis of the 
Department of Commerce to provide estimates relating to the 
distribution of aggregate economic growth across specific percentile 
groups of income; to the Committee on Commerce, Science, and 
Transportation.
  Mr. SCHUMER. 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. 3102

       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 ``Measuring Real Income Growth 
     Act of 2019''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Economic inequality in the United States has increased 
     dramatically during the 4 decades preceding the date of 
     enactment of this Act, with fewer households taking home a 
     larger share of the national income.
       (2) While growth was once distributed relatively evenly 
     across all individuals in the United States, research shows 
     that economic gains are increasingly enjoyed by the most 
     affluent. By contrast, the majority of individuals in the 
     United States have seen income and wage growth significantly 
     below what is suggested by national measures of output and 
     income.
       (3) The Bureau of Economic Analysis of the Department of 
     Commerce (referred to in this section as ``BEA'') reports 
     annual and quarterly estimates of gross domestic product 
     (referred to in this section as ``GDP'') in the United 
     States. These estimates are important measures of the overall 
     size and health of the economy of the United States but do 
     not describe how economic gains are distributed across the 
     population of the United States.
       (4) In a country of 325,000,000 individuals, top-line GDP 
     numbers do not capture the full range of household economic 
     experiences and may be misleading. For example, the real GDP 
     grew more than 3 percent annually between 2003 and 2005, but 
     the average income for \1/2\ of all individuals in the United 
     States fell during that period.
       (5) Disaggregating economic growth by income groups will 
     provide a more complete picture of how families in the United 
     States are faring across all rungs of the economic ladder and 
     whether economic growth is benefitting all individuals in the 
     United States.
       (6) Recent academic estimates of distributional growth show 
     how much of the economic gains during the 40 years preceding 
     the date of enactment of this Act have accrued to the top of 
     the income distribution. Between 1980 and 2014, the average 
     income of the top 1 percent of the income distribution grew 5 
     times as much as the average income of the bottom 90 percent 
     of the income distribution and more than 9 times as much as 
     the average income of the bottom \1/2\.
       (7) Official and timely estimates of distributional growth 
     from BEA, reported alongside top-line GDP numbers, would 
     enable Congress to better evaluate economic

[[Page S7161]]

     policies that impact every individual in the United States.
       (8) Efforts to address slow wage growth, stagnant incomes, 
     and growing economic inequality require broadening the focus 
     beyond GDP and obtaining metrics that better correspond to 
     the experiences of all families in the United States.

     SEC. 3. ESTIMATES OF AGGREGATE ECONOMIC GROWTH ACROSS INCOME 
                   GROUPS.

       (a) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Economic Analysis of the Department of Commerce.
       (2) Gross domestic product analysis.--The term ``gross 
     domestic product analysis''--
       (A) means a quarterly or annual analysis conducted by the 
     Bureau with respect to the gross domestic product of the 
     United States; and
       (B) includes a revision prepared by the Bureau of an 
     analysis described in subparagraph (A).
       (b) Inclusion in Reports.--
       (1) In general.--With respect to each gross domestic 
     product analysis that is conducted on or after the date that 
     is 1 year after the date of enactment of this Act, the Bureau 
     shall include in the gross domestic product analysis a recent 
     estimate of, with respect to specific percentile groups of 
     income, the total amount that was added to the economy of the 
     United States during the period to which the gross domestic 
     product analysis pertains, including in--
       (A) each of the 10 deciles of income; and
       (B) the highest 1 percent of income.
       (2) Recent estimates.--With respect to each recent estimate 
     that, under paragraph (1), the Bureau is required to include 
     in a gross domestic product analysis, that estimate shall be 
     the most recent estimate that is available on the date on 
     which that gross domestic product analysis is conducted.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce such sums as 
     are necessary to carry out this subsection.
       (c) Authority to Share Information With BEA.--
       (1) In general.--Subparagraph (B) of section 6103(j)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``such return information reflected on returns of 
     corporations'' and inserting ``such returns, or return 
     information reflected thereon,''.
       (2) Application of subchapter iii of chapter 35 of title 
     44.--The provisions of subchapter III of chapter 35 of title 
     44, United States Code, relating to the confidentiality and 
     disclosure of information shall apply to any return or return 
     information acquired by the Bureau under section 
     6103(j)(1)(B) of the Internal Revenue Code, as amended by 
     paragraph (1).
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Lankford):
  S. 3103. A bill to amend title XVIII of the Social Security Act to 
restore State authority to waive for certain facilities the 35-mile 
rule for designating critical access hospitals under the Medicare 
program; to the Committee on Finance.
  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. 3103

       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 ``Rural Hospital Closure 
     Relief Act of 2019''.

     SEC. 2. RESTORING STATE AUTHORITY TO WAIVE THE 35-MILE RULE 
                   FOR CERTAIN MEDICARE CRITICAL ACCESS HOSPITAL 
                   DESIGNATIONS.

       Section 1820 of the Social Security Act (42 U.S.C. 1395i-4) 
     is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (B)(i)--
       (i) in subclause (I), by striking at the end ``or'';
       (ii) in subclause (II), by inserting at the end ``or''; and
       (iii) by adding at the end the following new subclause:

       ``(III) subject to subparagraph (G), is a hospital 
     described in subparagraph (F) and is certified on or after 
     the date of the enactment of the Rural Hospital Closure 
     Relief Act of 2019 by the State as being a necessary provider 
     of health care services to residents in the area;''; and

       (B) by adding at the end the following new subparagraphs:
       ``(F) Hospital described.--For purposes of subparagraph 
     (B)(i)(III), a hospital described in this subparagraph is a 
     hospital that--
       ``(i) is a sole community hospital (as defined in section 
     1886(d)(5)(D)(iii)), a medicare dependent, small rural 
     hospital (as defined in section 1886(d)(5)(G)(iv)), a low-
     volume hospital that in 2019 receives a payment adjustment 
     under section 1886(d)(12), or a subsection (d) hospital (as 
     defined in section 1886(d)(1)(B)) that has fewer than 50 
     beds;
       ``(ii) is located in a rural area, as defined by the 
     Secretary, based on the most recent rural urban commuting 
     area code (or its successor criteria) as set forth by the 
     Office of Management and Budget;
       ``(iii) as determined by the Secretary, serves a patient 
     population--

       ``(I) with a high percentage, relative to the national or 
     statewide average, of individuals with income that is below 
     150 percent of the poverty line;
       ``(II) in a health professional shortage area (as defined 
     in section 332(a)(1)(A) of the Public Health Service Act); or
       ``(III) that represents a high proportion, relative to the 
     national or statewide average, of individuals entitled to 
     part A or enrolled under part B of this title or enrolled 
     under a State plan under title XIX;

       ``(iv) has demonstrated to the Secretary, at such time and 
     in such manner as the Secretary determines appropriate, two 
     consecutive years of financial losses preceding the date of 
     certification described in subparagraph (B)(i)(III); and
       ``(v) submits to the Secretary, at such time and in such 
     manner as the Secretary may require, an attestation that the 
     Secretary determines to be satisfactory, outlining the good 
     governance qualifications and strategic plan for multi-year 
     financial solvency of the hospital.
       ``(G) Limitation on certain designations.--
       ``(i) In general.--The Secretary may not under subsection 
     (e) certify pursuant to a certification by a State under 
     subsection (c)(2)(B)(i)(III)--

       ``(I) more than a total of 200 facilities as critical 
     access hospitals; and
       ``(II) subject to clause (ii), within any one State, more 
     than 15 facilities as critical access hospitals.

       ``(ii) State petition.--The Secretary may apply, with 
     respect to a State, the limitation under clause (i)(II) by 
     substituting a number that is greater than the number 
     specified in such clause if the State petitions the 
     Secretary, in accordance with a process established by the 
     Secretary, to increase such number.''; and
       (2) in subsection (e), by inserting ``, subject to 
     subsection (c)(2)(G),'' after ``The Secretary shall''.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Peters, Mrs. Murray, Mr. Reed, 
        Mr. Schatz, and Ms. Cantwell):
  S. 3104. A bill to make technical corrections relating to parental 
leave for Federal employees; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. SCHUMER. 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. 3104

       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

[[Page S7162]]

     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''.

[[Page S7163]]

       (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.
                                 ______
                                 
      By Mr. BRAUN (for himself and Mr. Young):
  S. 3105. A bill to designate the facility of the United States Postal 
Service located at 456 North Meridian Street in Indianapolis, Indiana, 
as the ``Richard G. Lugar Post Office''; considered and passed.

                                S. 3105

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RICHARD G. LUGAR POST OFFICE.

       (a) Designation.--The facility of the United States Postal 
     Service located at 456 North Meridian Street in Indianapolis, 
     Indiana, shall be known and designated as the ``Richard G. 
     Lugar Post Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Richard G. Lugar Post Office''.

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