[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''.
____________________