S.Amdt. 558

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.
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