[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2686-S2687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 558. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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. __. INCLUDING SERVICE IN THE ARMED FORCES IN DETERMINING 
                   FAMILY AND MEDICAL LEAVE ELIGIBILITY FOR 
                   FEDERAL EMPLOYEES.

       (a) Title 5.--Section 6381(1)(B) of title 5, United States 
     Code, is amended to read as follows:
       ``(B) has completed at least 12 months of service--
       ``(i) as an employee (as that term is defined in section 
     2105) of the Government of the United States, including 
     service with the United States Postal Service, the Postal 
     Regulatory Commission, and a nonappropriated fund 
     instrumentality as described in section 2105(c); or
       ``(ii) that qualifies as military service described in 
     section 8401(31)(A) (regardless of when such service was 
     completed), except that this clause shall not apply with 
     respect to a member of the commissioned corps of the Public 
     Health Service or the commissioned corps of the National 
     Oceanic and Atmospheric Administration;''.
       (b) Congressional Accountability Act of 1995.--Section 
     202(a)(1) of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1312(a)(1)) is amended by adding at the end the 
     following: ``In applying section 101(2)(A) of such Act, a 
     covered employee who has completed 12 months of service that 
     qualifies as military service described in section 
     8401(31)(A) of title 5, United States Code (regardless of 
     when such service was completed), shall be deemed to have met 
     the service requirement in such section 101(2)(A).''.
       (c) Family and Medical Leave Act of 1993.--Section 101(2) 
     of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2611(2)) is amended--
       (1) in subparagraph (E), by adding at the end the 
     following: ``In the case of an employee of the Government 
     Accountability Office, the requirements of subparagraph (A) 
     shall be deemed to have been met if that employee has 
     completed 12 months of service that qualifies as military 
     service described in section 8401(31)(A) of title 5, United 
     States Code (regardless of when such service was 
     completed).''; and
       (2) by adding at the end the following:
       ``(F) Library of congress employees.--Consistent with 
     section 101(a)(3)(J) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1301(a)(3)(J)), in the case of an employee 
     of the Library of Congress, the requirements of subparagraph 
     (A) shall be deemed to have been met if that employee has 
     completed 12 months of service that qualifies as military 
     service described in section 8401(31)(A) of title 5, United 
     States Code (regardless of when such service was 
     completed).''.
       (d) Executive Office of the President.--Section 412(a)(1) 
     of title 3, United States Code, is amended by adding at the 
     end the following: ``In applying section 101(2)(A) of such 
     Act, a covered employee who has completed 12 months of 
     service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code 
     (regardless of when such service was completed), shall be 
     deemed to have met the service requirement in such section 
     101(2)(A).''.''
       (e) Department of Veterans Affairs.--Not later than 180 
     days after the effective date of this section, the Secretary 
     of Veterans Affairs shall modify the family and medical leave 
     program provided by operation of section 7425(c) of title 38, 
     United States Code, to conform with the requirements of

[[Page S2687]]

     the amendment made by subsection (a) of this section with 
     respect to military service in section 6381(1)(B)(ii) of 
     title 5, United States Code, as added by such subsection (a).
       (f) FAA.--Section 40122(g) of title 49, United States Code, 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (I)(iii), by striking ``and'' at the 
     end;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(K) section 6381(1)(B)(ii), but only with respect to the 
     treatment of military service for purposes of eligibility for 
     leave (to the extent provided) on the basis of an event for 
     which leave may be taken under subchapter V of chapter 63 of 
     title 5.'';
       (2) in paragraph (5), by inserting ``(including with 
     respect to the application of military service under section 
     6381(1)(B)(ii) of title 5)'' after ``section 6382 of title 
     5''; and
       (3) in paragraph (6), by striking ``This subsection'' and 
     inserting ``Except with respect to amendments made to this 
     subsection by the National Defense Authorization Act for 
     Fiscal Year 2024 which shall take effect on the date of 
     enactment of that Act, this subsection''.
       (g) District of Columbia Courts and District of Columbia 
     Public Defender Service.--
       (1) District of columbia courts.--Subsection (d) of section 
     11-1726, District of Columbia Official Code, is amended by 
     adding at the end the following: ``To the extent that the 
     program requires a minimum length of employment in order to 
     be eligible for such leave, a nonjudicial employee of the 
     District of Columbia courts who has completed 12 months of 
     service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code, shall be 
     deemed to have met that requirement.''.
       (2) District of columbia public defender service.--
     Subsection (d) of 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: ``To the extent that the program requires a 
     minimum length of employment in order to be eligible for such 
     leave, an employee of the Service who has completed 12 months 
     of service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code, shall be 
     deemed to have met that requirement.''.
       (h) 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).''.
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 60 
     days after the date of enactment of this Act.
                                 ______