[House Report 110-624]
[From the U.S. Government Publishing Office]



110th Congress                                            Rept. 110-624
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
           FEDERAL EMPLOYEES PAID PARENTAL LEAVE ACT OF 2008

                                _______
                                

                  May 8, 2008.--Ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5781]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred the bill (H.R. 5781) to provide that 8 of the 12 weeks 
of parental leave made available to a Federal employee shall be 
paid leave, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Legislative History..............................................     5
Section-By-Section...............................................     5
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Rollcall Votes...................................................     6
Application of Law to the Legislative Branch.....................    10
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    10
Statement of General Performance Goals and Objectives............    10
Constitutional Authority Statement...............................    10
Federal Advisory Committee Act...................................    10
Unfunded Mandates Statement......................................    10
Earmark Identification...........................................    11
Budget Authority and Congressional Budget Office Cost Estimate...    11
Changes in Existing Law Made by the Bill, as Reported............    14
Exchange of Letters..............................................    18

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Federal Employees Paid Parental Leave 
Act of 2008''.

SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.

  (a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5, 
United States Code, is amended--
          (1) by redesignating such subsection as subsection (d)(1);
          (2) by striking ``subparagraph (A), (B), (C), or'' and 
        inserting ``subparagraph (C) or''; and
          (3) by adding at the end the following:
  ``(2) An employee may elect to substitute for any leave without pay 
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which 
is available to such employee for that purpose.
  ``(3) The paid leave that is available to an employee for purposes of 
paragraph (2) is--
          ``(A) subject to paragraph (6), 4 administrative workweeks of 
        paid parental leave under this subparagraph in connection with 
        the birth or placement involved; and
          ``(B) any annual or sick leave accrued or accumulated by such 
        employee under subchapter I.
  ``(4) Nothing in this subchapter shall be considered to require--
          ``(A) that an employing agency provide paid sick leave in any 
        situation in which such employing agency would not normally be 
        required to provide such leave; or
          ``(B) that an employee first use all or any portion of the 
        leave described in subparagraph (B) of paragraph (3) before 
        being allowed to use the paid parental leave described in 
        subparagraph (A) of paragraph (3).
  ``(5) Paid parental leave under paragraph (3)(A)--
          ``(A) shall be payable from any appropriation or fund 
        available for salaries or expenses for positions within the 
        employing agency;
          ``(B) shall not be considered to be annual or vacation leave 
        for purposes of section 5551 or 5552 or for any other purpose; 
        and
          ``(C) if not used by the employee before the end of the 12-
        month period (as referred to in subsection (a)(1)) to which it 
        relates, shall not accumulate for any subsequent use.
  ``(6) The Director of the Office of Personnel Management--
          ``(A) may promulgate regulations to increase the amount of 
        paid parental leave available to an employee under paragraph 
        (3)(A), to a total of not more than 8 administrative workweeks, 
        based on the consideration of the following factors:
                  ``(i) the benefits provided to the Federal government 
                of offering paid parental leave, including enhanced 
                recruitment and retention of employees;
                  ``(ii) the cost to the Federal government of 
                increasing the amount of paid parental leave that is 
                available to employees;
                  ``(iii) trends in the private sector and in State and 
                local governments with respect to offering paid 
                parental leave;
                  ``(iv) the Federal government's role as a model 
                employer; and
                  ``(v) such other factors as the Director considers 
                necessary; and
          ``(B) shall prescribe any regulations necessary to carry out 
        this subsection, including, subject to paragraph (4)(B), the 
        manner in which an employee may designate any day or other 
        period as to which such employee wishes to use paid parental 
        leave described in paragraph (3)(A).''.
  (b) Effective Date.--The amendments made by this section shall not be 
effective with respect to any birth or placement occurring before the 
end of the 6-month period beginning on the date of the enactment of 
this Act.

SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.

  (a) Amendment to Congressional Accountability Act.--Section 202 of 
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is 
amended--
          (1) in subsection (a)(1), by adding at the end the following: 
        ``In applying section 102(a)(1)(A) and (B) to covered 
        employees, subsection (d) shall apply.'';
          (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
          (3) by inserting after subsection (c) the following:
  ``(d) Special Rule for Paid Parental Leave for Congressional 
Employees.--
          ``(1) Substitution of paid leave.--A covered employee taking 
        leave without pay under subparagraphs (A) or (B) of section 
        102(a)(1) of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2612(a)(1)) may elect to substitute for any such leave 
        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 
                correspond to the number of administrative workweeks of 
                paid parental leave available to Federal employees 
                under section 6382(d)(3)(A) of title 5, United States 
                Code; and
                  ``(B) any additional paid vacation or sick leave 
                provided by the employing office to such employee.
          ``(3) Limitation.--Nothing in this section shall be 
        considered to require--
                  ``(A) that an employing office provide paid sick 
                leave in any situation in which such employing office 
                would not normally be required to provide such leave; 
                or
                  ``(B) that a covered employee first use all or any 
                portion of the leave described in subparagraph (B) of 
                paragraph (2) before being allowed to use paid parental 
                leave described in subparagraph (A) of paragraph (2).
          ``(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; and
                  ``(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.''.
  (b) Effective Date.--The amendments made by this section shall not be 
effective with respect to any birth or placement occurring before the 
end of the 6-month period beginning on the date of the enactment of 
this Act.

SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO 
                    AND LIBRARY OF CONGRESS EMPLOYEES.

  Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(d)) is amended by adding at the end the following:
          ``(3) Special rule for gao and library of congress 
        employees.--
                  ``(A) Substitution of paid leave.--An employee of an 
                employer described in section 101(4)(A)(iv) taking 
                leave under subparagraphs (A) or (B) of subsection 
                (a)(1) may elect to substitute for any such leave any 
                paid leave which is available to such employee for that 
                purpose.
                  ``(B) Amount of paid leave.--The paid leave that is 
                available to an employee of an employer described in 
                section 101(4)(A)(iv) for purposes of paragraph (1) 
                is--
                          ``(i) the number of weeks of paid parental 
                        leave in connection with the birth or placement 
                        involved that correspond to the number of 
                        administrative workweeks of paid parental leave 
                        available to Federal employees under section 
                        6382(d)(3)(A) of title 5, United States Code; 
                        and
                          ``(ii) any additional paid vacation or sick 
                        leave provided by such employer.
                  ``(C) Limitation.--Nothing in this paragraph shall be 
                considered to require--
                          ``(i) that an employer described in section 
                        101(4)(A)(iv) provide paid sick leave in any 
                        situation in which such employer would not 
                        normally be required to provide such leave; or
                          ``(ii) that an employee of such an employer 
                        first use all or any portion of the leave 
                        described in clause (ii) of subparagraph (B) 
                        before being allowed to use paid parental leave 
                        described in clause (i) of such subparagraph.
                  ``(D) Additional rules.--Paid parental leave under 
                subparagraph (B)(i)--
                          ``(i) shall be payable from any appropriation 
                        or fund available for salaries or expenses for 
                        positions with employers described in section 
                        101(4)(A)(iv); and
                          ``(ii) if not used by the employee of such 
                        employers before the end of the 12-month period 
                        (as referred to in subsection (a)(1)) to which 
                        it relates, shall not accumulate for any 
                        subsequent use.''.

SEC. 5. STUDY.

  (a) In General.--Not later than 12 months after the date of the 
enactment of this Act, the Government Accountability Office shall study 
and submit to Congress a written report on the feasibility and 
desirability of providing an insurance benefit to Federal employees 
which affords partial or total wage replacement with respect to periods 
of qualified leave.
  (b) Period of Qualified Leave.--For purposes of this section, the 
term ``period of qualified leave'', as used with respect to a Federal 
employee, means any period of leave under section 6382 of title 5, 
United States Code, which would otherwise be leave without pay, and 
which is available by reason of--
          (1) the need to care for the spouse or a son, daughter, or 
        parent of the employee having a serious health condition; or
          (2) a serious health condition affecting the employee that 
        renders such employee unable to perform the functions of the 
        employee's position.
  (c) Matters for Inclusion.--The report shall include, at a minimum, 
the following:
          (1) A brief description of any plans or arrangements under 
        which similar benefits are currently provided to employees in 
        this country (within the private sector or State or local 
        government) or in other countries.
          (2) With respect to any plans or arrangements under which 
        such benefits are currently provided to private or public 
        sector employees in this country--
                  (A) the portion or percentage of wages typically 
                replaced;
                  (B) how those benefits are generally funded, 
                including in terms of the employer and employee shares;
                  (C) whether employee coverage is optional or 
                automatic; and
                  (D) any waiting period or other conditions which may 
                apply.
          (3) Identification and assessment of any plans or 
        arrangements described under the preceding provisions of this 
        subsection (or any aspects thereof) which might be particularly 
        relevant to designing the insurance benefit (described in 
        subsection (a)) for Federal employees, including how such 
        benefit might be coordinated with annual leave, sick leave, or 
        any other paid leave available to an employee for the purpose 
        involved.

                          Purpose and Summary

    H.R. 5781, the ``Federal Employees Paid Parental Leave Act 
of 2008,'' was introduced on April 14, 2008 by Reps. Carolyn B. 
Maloney, Danny Davis, Tom Davis, George Miller, Steny Hoyer, 
Howard Berman, Elijah Cummings, Rosa Delauro, Keith Ellison, 
Chaka Fattah, Bob Filner, Kirsten Gillibrand, Al Green, Dennis 
Kucinich, John Lewis, Betty McCollum, James Moran, John 
Sarbanes, Janice Schakowsky, Jose Serrano, Chris Van Hollen and 
Lynn Woolsey. The Federal Employees Paid Parental Leave Act 
(FEPPLA) would amend section 6382 of title 5, U.S.C., the 
Congressional Accountability Act (CAA), and the Family and 
Medical Leave Act (FMLA), to provide 4 weeks of paid parental 
leave to federal and congressional employees for the birth or 
adoption of a child, out of the 12 weeks of unpaid leave that 
are currently available to them under the Family and Medical 
Leave Act.

                  Background and Need for Legislation

    Under existing law, most federal and congressional 
employees are entitled to a total of 12 workweeks of unpaid 
leave during any 12-month period due to the birth or adoption 
of a child. Federal employees must currently use accrued annual 
or sick leave, if available, if they want to receive pay for 
any of the time that they are out on parental leave. This 
policy is particularly difficult for newer employees who have 
not accrued much leave or employees who have used up their 
leave. Many employees cannot afford to take unpaid leave, and 
are forced to choose between spending more time with their new 
child or maintaining an income to support their family.
    H.R. 5781, as amended, will help families by providing four 
weeks of paid parental leave to federal and congressional 
employees. In addition to the four weeks, employees will also 
be allowed to use any accrued annual or sick leave for parental 
leave. Unlike current law, employees using their sick leave for 
parental leave will not need to demonstrate a medical need for 
the leave. The bill also authorizes the Office of Personnel 
Management (OPM) to extend the parental leave period to up to 
eight weeks. Enactment of this measure will ensure that the 
federal government, as an employer, is providing the type of 
benefits offered to government workers in other industrialized 
countries. This family friendly measure will also have a 
positive impact on the ability of the federal government to 
attract and retain a highly qualified workforce.

                          Legislative History 

    H.R. 5781 was introduced on April 14, 2008, and referred to 
the Committees on Oversight and Government Reform and House 
Administration.
    The Subcommittee on Federal Workforce, Postal Service, and 
the District of Columbia considered H.R. 5781 on April 15, 
2008, and approved the bill by voice vote. During Subcommittee 
consideration an amendment offered by Chairman Waxman to 
provide four weeks of paid parental leave, instead of the eight 
weeks in the original bill, was adopted by voice vote.
    The Committee considered H.R. 5781 on April 16, 2008, and 
ordered H.R. 5781, to be reported, as amended by a rollcall 
vote of 21-10.

                           Section-by-Section


Sec. 1. Short title

    The short title of the bill is the Federal Employees Paid 
Parental Leave Act of 2008.

Sec. 2. Paid parental leave under Title 5

    This section amends section 6382 of title 5, U.S.C., to 
provide paid parental leave to most federal employees.
    Under this section, covered employees would be permitted to 
substitute up to four workweeks of paid parental leave for any 
of the unpaid leave currently available for the birth or 
placement of a child. OPM would be allowed to promulgate 
regulations to increase the amount of paid parental leave to 
eight administrative workweeks. OPM would have to analyze the 
benefits and costs to the federal government and trends in the 
private sector, before doing so. Employees would also be 
permitted to use any accrued sick leave for parental leave 
without demonstrating medical necessity.

Sec. 3. Paid parental leave For Congressional employees

    This section amends section 202 of the Congressional 
Accountability Act to provide paid parental leave, as described 
in section 2, to congressional employees.

Sec. 4. Conforming amendment to Family and Medical Leave Act for GAO 
        and Library of Congress employees

    This section amends the FMLA to make paid parental leave 
benefits available to Government Accountability Office (GAO) 
and Library of Congress employees who are not otherwise covered 
by section 6382 of 5 U.S.C. and section 202 of the CAA.

Sec. 5. Study

    This section directs the GAO to study and submit to 
Congress a written report of the ``feasibility and 
desirability'' of offering an insurance benefit to federal 
employees (not to include parental leave) that would provide 
wage replacement during periods related to a serious health 
conditions.

                       Explanation of Amendments

    Two amendments were offered during the Committee's 
consideration of the bill. The first, offered by Rep. Issa, 
would have declared it the sense of Congress that any funding 
for parental leave should be payable from an agency's existing 
appropriation. It was defeated on a rollcall vote 17 to 11. The 
second amendment, also offered by Rep. Issa, would have 
eliminated the provision to allow four administrative workweeks 
of paid leave following the birth or adoption of a child. It 
was defeated on a rollcall vote 20 to10.

                        Committee Consideration

    On Wednesday, April 16, 2008, the Committee met in open 
session and favorably ordered H.R. 5781, as amended, to be 
reported to the House by a rollcall vote.

                             Rollcall Votes

    H.R. 5781 was reported favorably by the Committee on 
Oversight and Government Reform on a rollcall vote of 21-10.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    Sections 3 and 4 of H.R. 5781 would apply to congressional 
and legislative branch employees by providing paid parental 
leave to the aforementioned employees. Further, section 5 of 
H.R 5781 would require that GAO submit a report to Congress 
analyzing the ``feasibility and desirability'' of offering an 
insurance benefit to federal employees that would provide wage 
replacement during periods related to serious health 
conditions.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need to provide federal and 
congressional employees with paid parental leave for the birth 
or adoption of a child.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including requiring executive and legislative 
branch agencies to provide employees with paid parental leave 
for the birth or adoption of a child.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 5781. Article I, section 8, clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 5781 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 5781. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 5781 from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 5, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: As you requested, the Congressional 
Budget Office has prepared the enclosed cost estimate for H.R. 
5781, the Federal Employees Paid Parental Leave Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Barry Blom.
    Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure

H.R. 5781--Federal Employees Paid Parental Leave Act of 2008

    Summary: H.R. 5781 would amend title 5 of the United States 
Code, the Congressional Accountability Act, and the Family and 
Medical Leave Act of 1993 (FMLA) by creating a new category of 
leave under FMLA. This new category would provide four weeks of 
paid leave to federal employees following the birth, adoption, 
or fostering of a child. In addition, the legislation would 
permit the Office of Personnel Management (OPM) to increase the 
amount of paid leave provided to a total of eight weeks, based 
on the consideration of several factors such as the cost to the 
federal government and enhanced recruitment and retention of 
employees.
    Under current law, federal employees who have completed at 
least 12 months of service are entitled to up to 12 weeks of 
leave without pay after the birth, adoption, or fostering of a 
child. Upon return from such FMLA leave, an employee must be 
returned to the same position or to an ``equivalent position 
with equivalent benefits, pay, status, and other terms and 
conditions of employment.'' Employees may get paid during that 
12-week period if they use annual or sick leave that they have 
accrued. The leave provided by this bill would be available 
only within the 12-week FMLA leave period.
    CBO estimates that implementing H.R. 5781 would cost $60 
million in 2009, $190 million in 2010, and a total of $850 
million over the 2009-2013 period, subject to the appropriation 
of the necessary funds. Enacting H.R. 5781 would not affect 
direct spending or receipts.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5781 is shown in the following table. 
The costs of this legislation would fall in all budget 
functions (except functions 900 and 950).

----------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, in millions of dollars
                                                                    --------------------------------------------
                                                                       2009     2010     2011     2012     2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................       60      190      195      200      205
Estimated Outlays..................................................       55      190      195      200      205
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5781 will be enacted by October 1, 2008, and that the necessary 
amounts for implementing it will be appropriated each year. 
Under the legislation, the new category of leave would become 
available six months after enactment (that is, around April 
2009). As a result, the cost of the legislation in 2009 
reflects implementation for only half of the year. After 2009, 
CBO has included in its estimate a 50 percent probability that 
OPM will use its authority to increase the amount of paid leave 
available from four weeks to eight weeks. Costs in future years 
are projected to grow with inflation.
    CBO assumes that the potential users of the new leave would 
be primarily the nearly 690,000 civilian employees who are 
between the ages of 20 and 44 and have been employed at least 
12 months. (This figure excludes employees of the Postal 
Service because H.R. 5781 amends title 5 of the United States 
Code, which does not apply to them.)
    Estimating an adoption rate based on data from the 
Department of Health and Human Services and applying birth rate 
information for the relevant age cohorts from the National 
Center on Health Statistics to the roughly 305,000 women 
eligible for the new leave yields about 17,700 women who might 
give birth or adopt in a given year. Based on average salary 
information for 2008 from OPM, CBO estimates that four weeks of 
paid leave--the maximum amount guaranteed by the bill--for 
female employees would cost between $2,600 (for those in the 
youngest age cohort) and $5,100 (for those in the 40-44 age 
cohort).
    Assuming that nearly all of those women took the maximum 
amount of leave, CBO estimates the value of the leave to be 
about $70 million in the first year (if it were available for 
the entire 12-month period).
    Applying those same calculations to the 380,000 men in the 
affected age groups, CBO estimates that roughly 23,000 men 
would be eligible for the four weeks of paid leave, at an 
average cost of between $2,800 and $5,800 per employee. 
Assuming that eligible men would take the leave on average at 
about one-half the rate of women, CBO estimates that men would 
use another $50 million worth of leave in the first year (if it 
were available for the entire 12-month period), bringing the 
total to $120 million in the first year.
    Since CBO assumes that the new leave would not be available 
until half-way through fiscal year 2009, the estimated cost of 
leave taken in the first year totals $60 million. Beyond 2009, 
CBO assumes a full year of availability and has included a 50 
percent probability that OPM will increase the amount of paid 
leave available to employees. As a result, anticipated costs 
increase to $190 million in 2010. (The 2010 costs would be $125 
million if the benefit were kept at a maximum of four weeks.)
    The effects of this bill on the budget derive from the 
provision of a new form of paid leave. To the extent that such 
a new benefit enables people to take advantage of paid leave 
rather than taking leave without pay, the costs are clear. 
However, employees who would currently use annual or sick leave 
upon the birth, adoption, or fostering of a child might choose 
to use this new form of paid leave and save their accrued leave 
for a later date. CBO has no basis for estimating the magnitude 
of such substitution, but the deferral of annual and sick leave 
also represents a cost either in terms of increased 
availability of paid leave or cash payments upon separation.
    In addition, providing a more generous benefit to employees 
may enhance the federal government's ability to retain 
employees after the birth or adoption of a child and thereby 
lower recruitment and training costs. CBO estimates that such 
potential savings are likely to be relatively small over the 
next five years.
    Finally, the legislation would require the Government 
Accountability Office to prepare a report within one year of 
enactment on the feasibility and desirability of providing an 
insurance benefit to federal employees that provides partial or 
total wage replacement for periods of family leave. Based on 
the cost of similar reports, CBO estimates that preparing and 
distributing the report would cost about $500,000 over the 
2008-2009 period.
    Intergovernmental and private-sector impact: H.R. 5781 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Barry Blom; Impact on 
state, local, and tribal governments: Elizabeth Cove; Impact on 
private Sector: Paige Piper / Bach.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART E--ATTENDANCE AND LEAVE

           *       *       *       *       *       *       *



CHAPTER 63--LEAVE

           *       *       *       *       *       *       *



SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

           *       *       *       *       *       *       *



Sec. 6382. Leave requirement

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) An employee may elect to substitute for leave under 
[subparagraph (A), (B), (C), or] subparagraph (C) or (D) of 
subsection (a)(1) any of the employee's accrued or accumulated 
annual or sick leave under subchapter I for any part of the 12-
week period of leave under such subsection, except that nothing 
in this subchapter shall require an employing agency to provide 
paid sick leave in any situation in which such employing agency 
would not normally provide any such paid leave. An employee may 
elect to substitute for leave under subsection (a)(3) any of 
the employee's accrued or accumulated annual or sick leave 
under subchapter I for any part of the 26-week period of leave 
under such subsection.
  (2) An employee may elect to substitute for any leave without 
pay under subparagraph (A) or (B) of subsection (a)(1) any paid 
leave which is available to such employee for that purpose.
  (3) The paid leave that is available to an employee for 
purposes of paragraph (2) is--
          (A) subject to paragraph (6), 4 administrative 
        workweeks of paid parental leave under this 
        subparagraph in connection with the birth or placement 
        involved; and
          (B) any annual or sick leave accrued or accumulated 
        by such employee under subchapter I.
  (4) Nothing in this subchapter shall be considered to 
require--
          (A) that an employing agency provide paid sick leave 
        in any situation in which such employing agency would 
        not normally be required to provide such leave; or
          (B) that an employee first use all or any portion of 
        the leave described in subparagraph (B) of paragraph 
        (3) before being allowed to use the paid parental leave 
        described in subparagraph (A) of paragraph (3).
  (5) Paid parental leave under paragraph (3)(A)--
          (A) shall be payable from any appropriation or fund 
        available for salaries or expenses for positions within 
        the employing agency;
          (B) shall not be considered to be annual or vacation 
        leave for purposes of section 5551 or 5552 or for any 
        other purpose; and
          (C) if not used by the employee before the end of the 
        12-month period (as referred to in subsection (a)(1)) 
        to which it relates, shall not accumulate for any 
        subsequent use.
  (6) The Director of the Office of Personnel Management--
          (A) may promulgate regulations to increase the amount 
        of paid parental leave available to an employee under 
        paragraph (3)(A), to a total of not more than 8 
        administrative workweeks, based on the consideration of 
        the following factors:
                  (i) the benefits provided to the Federal 
                government of offering paid parental leave, 
                including enhanced recruitment and retention of 
                employees;
                  (ii) the cost to the Federal government of 
                increasing the amount of paid parental leave 
                that is available to employees;
                  (iii) trends in the private sector and in 
                State and local governments with respect to 
                offering paid parental leave;
                  (iv) the Federal government's role as a model 
                employer; and
                  (v) such other factors as the Director 
                considers necessary; and
          (B) shall prescribe any regulations necessary to 
        carry out this subsection, including, subject to 
        paragraph (4)(B), the manner in which an employee may 
        designate any day or other period as to which such 
        employee wishes to use paid parental leave described in 
        paragraph (3)(A).

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                              ----------                              


                CONGRESSIONAL ACCOUNTABILITY ACT OF 1995



           *       *       *       *       *       *       *
             TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

           *       *       *       *       *       *       *


SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT 
                    OF 1993.

  (a) Family and Medical Leave Rights and Protections 
Provided.--
          (1) In general.--The rights and protections 
        established by sections 101 through 105 of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2611 through 
        2615) shall apply to covered employees. In applying 
        section 102(a)(1)(A) and (B) to covered employees, 
        subsection (d) shall apply.

           *       *       *       *       *       *       *

  (d) Special Rule for Paid Parental Leave for Congressional 
Employees.--
          (1) Substitution of paid leave.--A covered employee 
        taking leave without pay under subparagraphs (A) or (B) 
        of section 102(a)(1) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to 
        substitute for any such leave 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 correspond to the number of 
                administrative workweeks of paid parental leave 
                available to Federal employees under section 
                6382(d)(3)(A) of title 5, United States Code; 
                and
                  (B) any additional paid vacation or sick 
                leave provided by the employing office to such 
                employee.
          (3) Limitation.--Nothing in this section shall be 
        considered to require--
                  (A) that an employing office provide paid 
                sick leave in any situation in which such 
                employing office would not normally be required 
                to provide such leave; or
                  (B) that a covered employee first use all or 
                any portion of the leave described in 
                subparagraph (B) of paragraph (2) before being 
                allowed to use paid parental leave described in 
                subparagraph (A) of paragraph (2).
          (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; and
                  (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.
  [(d)] (e) Regulations.--
          (1) * * *

           *       *       *       *       *       *       *

  [(e)] (f) Effective Date.--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


                  FAMILY AND MEDICAL LEAVE ACT OF 1993

TITLE I--GENERAL REQUIREMENTS FOR LEAVE

           *       *       *       *       *       *       *


SEC. 102. LEAVE REQUIREMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Relationship to Paid Leave.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Special rule for gao and library of congress 
        employees.--
                  (A) Substitution of paid leave.--An employee 
                of an employer described in section 
                101(4)(A)(iv) taking leave under subparagraphs 
                (A) or (B) of subsection (a)(1) may elect to 
                substitute for any such leave any paid leave 
                which is available to such employee for that 
                purpose.
                  (B) Amount of paid leave.--The paid leave 
                that is available to an employee of an employer 
                described in section 101(4)(A)(iv) for purposes 
                of paragraph (1) is--
                          (i) the number of weeks of paid 
                        parental leave in connection with the 
                        birth or placement involved that 
                        correspond to the number of 
                        administrative workweeks of paid 
                        parental leave available to Federal 
                        employees under section 6382(d)(3)(A) 
                        of title 5, United States Code; and
                          (ii) any additional paid vacation or 
                        sick leave provided by such employer.
                  (C) Limitation.--Nothing in this paragraph 
                shall be considered to require--
                          (i) that an employer described in 
                        section 101(4)(A)(iv) provide paid sick 
                        leave in any situation in which such 
                        employer would not normally be required 
                        to provide such leave; or
                          (ii) that an employee of such an 
                        employer first use all or any portion 
                        of the leave described in clause (ii) 
                        of subparagraph (B) before being 
                        allowed to use paid parental leave 
                        described in clause (i) of such 
                        subparagraph.
                  (D) Additional rules.--Paid parental leave 
                under subparagraph (B)(i)--
                          (i) shall be payable from any 
                        appropriation or fund available for 
                        salaries or expenses for positions with 
                        employers described in section 
                        101(4)(A)(iv); and
                          (ii) if not used by the employee of 
                        such employers before the end of the 
                        12-month period (as referred to in 
                        subsection (a)(1)) to which it relates, 
                        shall not accumulate for any subsequent 
                        use.

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