[Congressional Record Volume 165, Number 205 (Wednesday, December 18, 2019)]
[Senate]
[Pages S7161-S7163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______