S.Amdt. 1824

SA 1824. Mr. LANKFORD 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. __. EXPANSION OF FEDERAL EMPLOYEE COVERAGE.

(a) Paid Parental Leave for Employees of District of
Columbia Courts and District of Columbia Public Defender
Service.--
(1) 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 a 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.''.
(2) District of columbia public defender service.--Section
305 of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (section 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.''.
(b) FAA and TSA.--
(1) Application of title 5 family and medical leave.--
(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) Clarification for tsa screeners.--
(A) In general.--Section 111(d)(2)(B) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is amended
to read as follows:
``(B) Leave.--Any individual appointed under paragraph (1)
who otherwise qualifies as an employee under the requirements
in section 6381(1) of title 5, United States Code, shall be
subject to subchapter V of chapter 63 of such title.''.
(B) Effective date.--The amendment 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.
(c) 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 for compensation by the Administration, family
and medical leave in the same manner and subject to the same
limitations 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.

[[Page S3362]]

(d) Article I Judges.--
(1) Bankruptcy judges.--Section 153(d) of title 28, United
States Code, is amended--
(A) by inserting ``(1)'' before ``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 inserting ``(1)'' before ``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 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) Employees of Executive Office of the President.--
(1) In general.--Section 412 of title 3, United States
Code, is amended--
(A) in subsection (a), by adding at the end the following:
``(3) Exception.--Notwithstanding section 401(b)(2), the
requirements of paragraph (2)(B) shall not apply with respect
to leave 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)).'';
(B) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(C) by inserting after subsection (b) the following:
``(c) Special Rules for Substitution of Paid 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) Available leave.--The paid leave that is available to
a covered employee for purposes of paragraph (1) is leave of
the type and in the amount available to an employee under
section 6382(d)(2)(B) of title 5, United States Code, for
substitution for leave without pay under subparagraph (A) or
(B) of section 6382(a)(1) of such title.
``(3) Consistency with title 5.--Paid leave shall be
substituted under this subsection in a manner that is
consistent with the requirements in section 6382(d)(2) of
title 5, United States Code, except that a reference in that
section to an employing agency shall be considered to be a
reference to an employing office, and subparagraph (E) of
that section shall not apply.'';
(D) in paragraph (2) of subsection (d), as redesignated by
subparagraph (B)--
(i) in subparagraph (A), by striking ``and'' at the end of
the subparagraph;
(ii) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) except that the President or designee shall issue
regulations to implement subsection (c) in accordance with
the requirements of that subsection.''; and
(E) in paragraph (1) of subsection (e), as redesignated by
subparagraph (B), by inserting after ``subsection (c)'' the
following: ``(as in effect on the date of enactment of the
Presidential and Executive Office Accountability Act)''.
(2) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(f) Amendments to Title 5 Family and Medical Leave Act
Provisions.--Chapter 63 of title 5, United States Code, is
amended--
(1) in section 6301(2), by amending clause (v) to read as
follows:
``(v) an employee of the Veterans Health Administration who
is covered by a leave system established under section 7421
of title 38;'';
(2) in section 6381(1)--
(A) in subparagraph (A), by striking ``(v) or''; and
(B) by amending subparagraph (B) to read as follows:
``(B) has completed at least 12 months of service as an
employee (as 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);''; and
(3) in section 6382(d)--
(A) in paragraph (1), by striking ``under subchapter I'' in
each place it appears; and
(B) in paragraph (2)--
(i) in subparagraph (B)(ii), by striking ``under subchapter
I''; and
(ii) by adding at the end the following:
``(H) Notwithstanding subparagraph (B)(i), an employee's
entitlement to 12 administrative workweeks of paid parental
leave described in such subparagraph in connection with a
particular birth or placement shall be reduced by the period
for which the employee received paid parental leave under an
authority applicable to Federal employees other than this
paragraph for the same birth or placement event.''.
(g) Parallel Benefits.--Notwithstanding any other provision
of law, a Federal agency shall reduce an employee's otherwise
applicable paid parental leave benefit to account for any
parallel Federal employee leave benefit provided to the
employee during a leave eligibility period connected to the
birth or placement of the same son or daughter.
(h) 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.
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