I 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 Ju- diciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Employee Pa- 4 rental Leave Technical Correction Act’’. 5 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5885 IH SEC. 2. FAMILY AND MEDICAL LEAVE AMENDMENTS. 1 (a) IN GENERAL.— 2 (1) PAID PARENTAL LEAVE FOR EMPLOYEES OF 3 DISTRICT OF COLUMBIA COURTS AND DISTRICT OF 4 COLUMBIA PUBLIC DEFENDER SERVICE.— 5 (A) DISTRICT OF COLUMBIA COURTS.— 6 Section 11–1726, District of Columbia Official 7 Code, is amended by adding at the end the fol- 8 lowing new subsection: 9 ‘‘(d) In carrying out the Family and Medical Leave 10 Act of 1993 (29 U.S.C. 2601 et seq.) with respect to non- 11 judicial employees of the District of Columbia courts, the 12 Joint Committee on Judicial Administration shall, not- 13 withstanding any provision of such Act, establish a paid 14 parental leave program for the leave described in subpara- 15 graphs (A) and (B) of section 102(a)(1) of such Act (29 16 U.S.C. 2612(a)(1)) (relating to leave provided in connec- 17 tion with the birth of a child or the placement of a child 18 for adoption or foster care). In developing the terms and 19 conditions for this program, the Joint Committee may be 20 guided by the terms and conditions applicable to the provi- 21 sion of paid parental leave for employees of the Federal 22 Government under chapter 63 of title 5, United States 23 Code, and any corresponding regulations.’’. 24 (B) DISTRICT OF COLUMBIA PUBLIC DE- 25 FENDER SERVICE.—Section 305 of the District 26 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5885 IH of Columbia Court Reform and Criminal Proce- 1 dure Act of 1970 (sec. 2–1605, D.C. Official 2 Code) is amended by adding at the end the fol- 3 lowing new subsection: 4 ‘‘(d) In carrying out the Family and Medical Leave 5 Act of 1993 (29 U.S.C. 2601 et seq.) with respect to em- 6 ployees of the Service, the Director shall, notwithstanding 7 any provision of such Act, establish a paid parental leave 8 program for the leave described in subparagraphs (A) and 9 (B) of section 102(a)(1) of such Act (29 U.S.C. 10 2612(a)(1)) (relating to leave provided in connection with 11 the birth of a child or the placement of a child for adoption 12 or foster care). In developing the terms and conditions for 13 this program, the Director may be guided by the terms 14 and conditions applicable to the provision of paid parental 15 leave for employees of the Federal Government under 16 chapter 63 of title 5, United States Code, and any cor- 17 responding regulations.’’. 18 (2) CLARIFICATION OF USE OF OTHER LEAVE 19 IN ADDITION TO 12 WEEKS AS FAMILY AND MEDICAL 20 LEAVE.— 21 (A) TITLE 5.—Section 6382(a) of title 5, 22 United States Code, as amended by section 23 7602 of the National Defense Authorization Act 24 for Fiscal Year 2020, is amended— 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5885 IH (i) in paragraph (1), in the matter 1 preceding subparagraph (A), by inserting 2 ‘‘(or, in the case of leave that includes 3 leave under subparagraph (A) or (B) of 4 this paragraph, 12 administrative work- 5 weeks of leave plus any additional period 6 of leave used under subsection 7 (d)(2)(B)(ii))’’ after ‘‘12 administrative 8 workweeks of leave’’; and 9 (ii) in paragraph (4), by inserting 10 ‘‘(or 26 administrative workweeks of leave 11 plus any additional period of leave used 12 under subsection (d)(2)(B)(ii))’’ after ‘‘26 13 administrative workweeks of leave’’. 14 (B) CONGRESSIONAL EMPLOYEES.—Sec- 15 tion 202(a)(1) of the Congressional Account- 16 ability Act of 1995 (2 U.S.C. 1312(a)(1)), as 17 amended by section 7603 of the National De- 18 fense Authorization Act for Fiscal Year 2020, 19 is amended— 20 (i) in the second sentence, by insert- 21 ing ‘‘and in the case of leave that includes 22 leave for such an event, the period of leave 23 to which a covered employee is entitled 24 under section 102(a)(1) of such Act shall 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5885 IH be 12 administrative workweeks of leave 1 plus any additional period of leave used 2 under subsection (d)(2)(B) of this section’’ 3 before the period; and 4 (ii) by striking the third sentence and 5 inserting the following: ‘‘For purposes of 6 applying section 102(a)(4) of such Act, in 7 the case of leave that includes leave under 8 subparagraph (A) or (B) of section 9 102(a)(1) of such Act, a covered employee 10 is entitled, under paragraphs (1) and (3) 11 of section 102(a) of such Act, to a com- 12 bined total of 26 workweeks of leave plus 13 any additional period of leave used under 14 subsection (d)(2)(B) of this section.’’. 15 (C) OTHER EMPLOYEES COVERED UNDER 16 THE FAMILY AND MEDICAL LEAVE ACT OF 17 1993.—Section 102(a) of the Family and Med- 18 ical Leave Act of 1993 (29 U.S.C. 2611(a)) is 19 amended by adding at the end the following: 20 ‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 21 With respect to an employee of the Government Ac- 22 countability Office and an employee of the Library 23 of Congress— 24 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5885 IH ‘‘(A) in the case of leave that includes 1 leave under subparagraph (A) or (B) of para- 2 graph (1), the employee shall be entitled to 12 3 administrative workweeks of leave plus any ad- 4 ditional period of leave used under subsection 5 (d)(3)(B)(ii) of this section or section 6 202(d)(2)(B) of the Congressional Account- 7 ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), 8 as the case may be; and 9 ‘‘(B) for purposes of paragraph (4), the 10 employee is entitled, under paragraphs (1) and 11 (3), to a combined total of 26 workweeks of 12 leave plus, if applicable, any additional period 13 of leave used under subsection (d)(3)(B)(ii) of 14 this section or section 202(d)(2)(B) of the Con- 15 gressional Accountability Act of 1995 (2 U.S.C. 16 1312(d)(2)(B)), as the case may be.’’. 17 (3) APPLICABILITY.—The amendments made 18 by this subsection shall not be effective with respect 19 to any birth or placement occurring before October 20 1, 2020. 21 (b) PAID PARENTAL LEAVE FOR PRESIDENTIAL EM- 22 PLOYEES.— 23 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5885 IH (1) AMENDMENTS TO CHAPTER 5 OF TITLE 3, 1 UNITED STATES CODE.—Section 412 of title 3, 2 United States Code, is amended— 3 (A) in subsection (a)(1), by adding at the 4 end the following: ‘‘In applying section 102 of 5 such Act with respect to leave for an event de- 6 scribed in subsection (a)(1)(A) or (B) of such 7 section to covered employees, subsection (c) of 8 this section shall apply and in the case of leave 9 that includes leave for such an event, the period 10 of leave to which a covered employee is entitled 11 under section 102(a)(1) of such Act shall be 12 12 administrative workweeks of leave plus any ad- 13 ditional period of leave used under subsection 14 (c)(2)(B) of this section. For purposes of apply- 15 ing section 102(a)(4) of such Act, in the case 16 of leave that includes leave under subparagraph 17 (A) or (B) of section 102(a)(1) of such Act, a 18 covered employee is entitled, under paragraphs 19 (1) and (3) of section 102(a) of such Act, to a 20 combined total of 26 workweeks of leave plus 21 any additional period of leave used under sub- 22 section (c)(2)(B) of this section.’’; 23 (B) by redesignating subsections (c) and 24 (d) as subsections (d) and (e), respectively; 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 5885 IH (C) by inserting after subsection (b) the 1 following: 2 ‘‘(c) SPECIAL RULE FOR PAID PARENTAL LEAVE.— 3 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov- 4 ered employee may elect to substitute for any leave 5 without pay under subparagraph (A) or (B) of sec- 6 tion 102(a)(1) of the Family and Medical Leave Act 7 of 1993 (29 U.S.C. 2612(a)(1)) any paid leave 8 which is available to such employee for that purpose. 9 ‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 10 that is available to a covered employee for purposes 11 of paragraph (1) is— 12 ‘‘(A) the number of weeks of paid parental 13 leave in connection with the birth or placement 14 involved that corresponds to the number of ad- 15 ministrative workweeks of paid parental leave 16 available to employees under section 17 6382(d)(2)(B)(i) of title 5, United States Code; 18 and 19 ‘‘(B) during the 12-month period referred 20 to in section 102(a)(1) of the Family and Med- 21 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) 22 and in addition to the administrative workweeks 23 described in subparagraph (A), any additional 24 paid vacation, personal, family, medical, or sick 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 5885 IH leave provided by the employing office to such 1 employee. 2 ‘‘(3) LIMITATION.—Nothing in this section or 3 section 102(d)(2)(A) of the Family and Medical 4 Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall 5 be considered to require or permit an employing of- 6 fice to require that an employee first use all or any 7 portion of the leave described in paragraph (2)(B) 8 before being allowed to use the paid parental leave 9 described in paragraph (2)(A). 10 ‘‘(4) ADDITIONAL RULES.—Paid parental leave 11 under paragraph (2)(A)— 12 ‘‘(A) shall be payable from any appropria- 13 tion or fund available for salaries or expenses 14 for positions within the employing office; 15 ‘‘(B) if not used by the covered employee 16 before the end of the 12-month period (as re- 17 ferred to in section 102(a)(1) of the Family and 18 Medical Leave Act of 1993 (29 U.S.C. 19 2612(a)(1))) to which it relates, shall not accu- 20 mulate for any subsequent use; and 21 ‘‘(C) shall apply without regard to the limi- 22 tations in subparagraph (E), (F), or (G) of sec- 23 tion 6382(d)(2) of title 5, United States Code, 24 or section 104(c)(2) of the Family and Medical 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 5885 IH Leave Act of 1993 (29 U.S.C. 2614(c)(2)).’’; 1 and 2 (D) in subsection (e)(1), as so redesig- 3 nated, by striking ‘‘subsection (c)’’ and insert- 4 ing ‘‘subsection (d)’’. 5 (2) APPLICABILITY.—The amendments made 6 by this subsection shall not be effective with respect 7 to any birth or placement occurring before October 8 1, 2020. 9 (c) FAA AND TSA.— 10 (1) APPLICATION OF FEDERAL FML.— 11 (A) IN GENERAL.—Section 40122(g)(2) of 12 title 49, United States Code, is amended— 13 (i) in subparagraph (I)(iii), by strik- 14 ing ‘‘and’’ at the end; 15 (ii) in subparagraph (J), by striking 16 the period at the end and inserting ‘‘; 17 and’’; and 18 (iii) by adding at the end the fol- 19 lowing: 20 ‘‘(K) subchapter V of chapter 63, relating 21 to family and medical leave.’’. 22 (B) APPLICABILITY.—The amendments 23 made by subparagraph (A) shall not be effective 24 with respect to any event for which leave may 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 5885 IH be taken under subchapter V of chapter 63 of 1 title 5, United States Code, occurring before 2 October 1, 2020. 3 (2) CORRECTIONS FOR TSA SCREENERS.—Sec- 4 tion 7606 of the National Defense Authorization Act 5 for Fiscal Year 2020 is amended— 6 (A) by striking ‘‘Section 111(d)(2)’’ and 7 inserting the following: 8 ‘‘(a) IN GENERAL.—Section 111(d)(2)’’; and 9 (B) by adding at the end the following: 10 ‘‘(b) EFFECTIVE DATE; APPLICATION.— 11 ‘‘(1) IN GENERAL.—The amendment made by 12 subsection (a) shall not be effective with respect to 13 any event for which leave may be taken under sub- 14 chapter V of chapter 63 of title 5, United States 15 Code, occurring before October 1, 2020. 16 ‘‘(2) APPLICATION TO SERVICE REQUIREMENT 17 FOR ELIGIBILITY.—For purposes of applying the pe- 18 riod of service requirement under subparagraph (B) 19 of section 6381(1) to an individual appointed under 20 section 111(d)(1) of the Aviation and Transpor- 21 tation Security Act (49 U.S.C. 44935 note), the 22 amendment made by subsection (a) of this section 23 shall apply with respect to any period of service by 24 the individual under such an appointment, including 25 VerDate Sep 11 2014 04:23 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5885.IH H5885 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 5885 IH service before the effective date of such amend- 1 ment.’’. 2 (d) TITLE 38 EMPLOYEES.— 3 (1) IN GENERAL.—Section 7425 of title 38, 4 United States Code, is amended— 5 (A) in subsection (b), by striking ‘‘Not- 6 withstanding’’ and inserting ‘‘Except as pro- 7 vided in subsection (c), and notwithstanding’’; 8 and 9 (B) by adding at the end the following: 10 ‘‘(c) Notwithstanding any other provision of this sub- 11 chapter, the Administration shall provide to individuals 12 appointed to any positi [Text truncated for display. 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