[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Pages S3717-S3718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2271. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FAMILY AND MEDICAL LEAVE AMENDMENTS.
(a) In General.--
(1) Paid parental leave for employees of district of
columbia courts and district of columbia public defender
service.--
(A) District of columbia courts.--Section 11-1726, District
of Columbia Official Code, is amended by adding at the end
the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial
employees of the District of Columbia courts, the Joint
Committee on Judicial Administration shall, notwithstanding
any provision of such Act, establish a paid parental leave
program for the leave described in subparagraphs (A) and (B)
of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1))
(relating to leave provided in connection with the birth of a
child or the placement of a child for adoption or foster
care). In developing the terms and conditions for this
program, the Joint Committee may be guided by the terms and
conditions applicable to the provision of paid parental leave
for employees of the Federal Government under chapter 63 of
title 5, United States Code, and any corresponding
regulations.''.
(B) District of columbia public defender service.--Section
305 of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1605, D.C. Official Code) is
amended by adding at the end the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to employees of
the Service, the Director shall, notwithstanding any
provision of such Act, establish a paid parental leave
program for the leave described in subparagraphs (A) and (B)
of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1))
(relating to leave provided in connection with the birth of a
child or the placement of a child for adoption or foster
care). In developing the terms and conditions for this
program, the Director may be guided by the terms and
conditions applicable to the provision of paid parental leave
for employees of the Federal Government under chapter 63 of
title 5, United States Code, and any corresponding
regulations.''.
(2) Clarification of use of other leave in addition to 12
weeks as family and medical leave.--
(A) Title 5.--Section 6382(a) of title 5, United States
Code, as amended by section 7602 of the National Defense
Authorization Act for Fiscal Year 2020, is amended--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``(or, in the case of leave that includes
leave under subparagraph (A) or (B) of this paragraph, 12
administrative workweeks of leave plus any additional period
of leave used under subsection (d)(2)(B)(ii))'' after ``12
administrative workweeks of leave''; and
(ii) in paragraph (4), by inserting ``(or 26 administrative
workweeks of leave plus any additional period of leave used
under subsection (d)(2)(B)(ii))'' after ``26 administrative
workweeks of leave''.
(B) Congressional employees.--Section 202(a)(1) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(a)(1)), as amended by section 7603 of the National
Defense Authorization Act for Fiscal Year 2020, is amended--
(i) in the second sentence, by inserting ``and in the case
of leave that includes leave for such an event, the period of
leave to which a covered employee is entitled under section
102(a)(1) of such Act shall be 12 administrative workweeks of
leave plus any additional period of leave used under
subsection (d)(2)(B) of this section'' before the period; and
(ii) by striking the third sentence and inserting the
following: ``For purposes of applying section 102(a)(4) of
such Act, in the case of leave that includes leave under
subparagraph (A) or (B) of section 102(a)(1) of such Act, a
covered employee is entitled, under paragraphs (1) and (3) of
section 102(a) of such Act, to a combined total of 26
workweeks of leave plus any additional period of leave used
under subsection (d)(2)(B) of this section.''.
(C) Other employees covered under the family and medical
leave act of 1993.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(a)) is amended by adding at
the end the following:
``(6) Special rules on period of leave.--With respect to an
employee of the Government Accountability Office and an
employee of the Library of Congress--
``(A) in the case of leave that includes leave under
subparagraph (A) or (B) of paragraph (1), the employee shall
be entitled to 12 administrative workweeks of leave plus any
additional period of leave used under subsection
(d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(d)(2)(B)), as the case may be; and
``(B) for purposes of paragraph (4), the employee is
entitled, under paragraphs (1) and (3), to a combined total
of 26 workweeks of leave plus, if applicable, any additional
period of leave used under subsection (d)(3)(B)(ii) of this
section or section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the
case may be.''.
(3) Applicability.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(b) Paid Parental Leave for Presidential Employees.--
(1) Amendments to chapter 5 of title 3, united states
code.--Section 412 of title 3, United States Code, is
amended--
(A) in subsection (a)(1), by adding at the end the
following: ``In applying section 102 of such Act with respect
to leave for an event described in subsection (a)(1)(A) or
(B) of such section to covered employees, subsection (c) of
this section shall apply and in the case of leave that
includes leave for such an event, the period of leave to
which a covered employee is entitled under section 102(a)(1)
of such Act shall be 12 administrative workweeks of leave
plus any additional period of leave used under subsection
(c)(2)(B) of this section. For purposes of applying section
102(a)(4) of such Act, in the case of leave that includes
leave under subparagraph (A) or (B) of section 102(a)(1) of
such Act, a covered employee is entitled, under paragraphs
(1) and (3) of section 102(a) of such Act, to a combined
total of 26 workweeks of leave plus any additional period of
leave used under subsection (c)(2)(B) of this section.'';
(B) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(C) by inserting after subsection (b) the following:
``(c) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered employee may
elect to substitute for any leave without pay under
subparagraph (A) or (B) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid
leave which is available to such employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of paid
parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(B) during the 12-month period referred to in section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1))
[[Page S3718]]
and in addition to the administrative workweeks described in
subparagraph (A), any additional paid vacation, personal,
family, medical, or sick leave provided by the employing
office to such employee.
``(3) Limitation.--Nothing in this section or section
102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)(2)(A)) shall be considered to require or
permit an employing office to require that an employee first
use all or any portion of the leave described in paragraph
(2)(B) before being allowed to use the paid parental leave
described in paragraph (2)(A).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing office;
``(B) if not used by the covered employee before the end of
the 12-month period (as referred to in section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1))) to which it relates, shall not accumulate for
any subsequent use; and
``(C) shall apply without regard to the limitations in
subparagraph (E), (F), or (G) of section 6382(d)(2) of title
5, United States Code, or section 104(c)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''; and
(D) in subsection (e)(1), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
(2) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(c) FAA and TSA.--
(1) Application of federal fml.--
(A) In general.--Section 40122(g)(2) of title 49, United
States Code, is amended--
(i) in subparagraph (I)(iii), by striking ``and'' at the
end;
(ii) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(K) subchapter V of chapter 63, relating to family and
medical leave.''.
(B) Applicability.--The amendments made by subparagraph (A)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title
5, United States Code, occurring before October 1, 2020.
(2) Corrections for tsa screeners.--Section 7606 of the
National Defense Authorization Act for Fiscal Year 2020 is
amended--
(A) by striking ``Section 111(d)(2)'' and inserting the
following:
``(a) In General.--Section 111(d)(2)''; and
(B) by adding at the end the following:
``(b) Effective Date; Application.--
``(1) In general.--The amendment made by subsection (a)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title
5, United States Code, occurring before October 1, 2020.
``(2) Application to service requirement for eligibility.--
For purposes of applying the period of service requirement
under subparagraph (B) of section 6381(1) to an individual
appointed under section 111(d)(1) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note), the
amendment made by subsection (a) of this section shall apply
with respect to any period of service by the individual under
such an appointment, including service before the effective
date of such amendment.''.
(d) Title 38 Employees.--
(1) In general.--Section 7425 of title 38, United States
Code, is amended--
(A) in subsection (b), by striking ``Notwithstanding'' and
inserting ``Except as provided in subsection (c), and
notwithstanding''; and
(B) by adding at the end the following:
``(c) Notwithstanding any other provision of this
subchapter, the Administration shall provide to individuals
appointed to any position described in section 7421(b) who
are employed by the Administration family and medical leave
in the same manner, to the maximum extent practicable, as
family and medical leave is provided under subchapter V of
chapter 63 of title 5 to employees, as defined in section
6381(1) of such title.''.
(2) Applicability.--The amendments made by paragraph (1)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title
5, United States Code, occurring before October 1, 2020.
(e) Article I Judges.--
(1) Bankruptcy judges.--Section 153(d) of title 28, United
States Code, is amended--
(A) by striking ``A bankruptcy judge'' and inserting ``(1)
Except as provided in paragraph (2), a bankruptcy judge'';
and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title
5 shall apply to a bankruptcy judge as if the bankruptcy
judge were an employee (within the meaning of subparagraph
(A) of section 6381(1) of such title).''.
(2) Magistrate judges.--Section 631(k) of title 28, United
States Code, is amended--
(A) by striking ``A United States magistrate judge'' and
inserting ``(1) Except as provided in paragraph (2), a United
States magistrate judge''; and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title
5 shall apply to a United States magistrate judge as if the
United States magistrate judge were an employee (within the
meaning of subparagraph (A) of section 6381(1) of such
title).''.
(f) Technical Corrections.--
(1) Section 7605 of the National Defense Authorization Act
for Fiscal Year 2020 is amended by striking ``on active
duty'' each place it appears and inserting ``on covered
active duty''.
(2) Subparagraph (E) of section 6382(d)(2) of title 5,
United States Code, as added by section 7602 of the National
Defense Authorization Act for Fiscal Year 2020, is amended by
striking ``the requirement to complete'' and all that follows
and inserting ``the service requirement under subparagraph
(B) of section 6381(1).''.
(g) Effective Date.--The amendments made by this section
shall take effect as if enacted immediately after the
enactment of the National Defense Authorization Act for
Fiscal Year 2020.
______