[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5885 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5885
To make technical corrections relating to parental leave for Federal
employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2020
Mrs. Carolyn B. Maloney of New York (for herself, Mrs. Miller, Mr.
Smith of Washington, Mr. King of New York, Mr. Hoyer, Mr. Barr, Ms.
Norton, Mr. Fitzpatrick, Mr. Connolly, Mr. Rodney Davis of Illinois,
Ms. Frankel, Mr. Turner, Mr. DeFazio, Mr. McKinley, Mr. Hastings, and
Mr. Ferguson) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committees on
House Administration, Veterans' Affairs, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To make technical corrections relating to parental leave for Federal
employees, and for other purposes.
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 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 subsection
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).''.
(3) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(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.
<all>
Federal Employee Parental Leave Technical Correction Act
#5885 | HR Congress #116
Policy Area: Government Operations and Politics
Subjects: Aviation and airportsDepartment of Homeland SecurityDepartment of TransportationDistrict of ColumbiaEmployee leaveExecutive Office of the PresidentGovernment employee pay, benefits, personnel managementJudicial procedure and administrationLawyers and legal servicesState and local government operationsTransportation safety and security
Last Action: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (3/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text