I 

115TH CONGRESS 

1ST SESSION H. R. 1022 

To provide that 6 of the 12 weeks of parental leave made available to 

a Federal employee shall be paid leave, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2017 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mrs. COMSTOCK, Mr. 

HOYER, Mr. CONNOLLY, Ms. NORTON, Mr. BEYER, Mr. RASKIN, Mr. 

GARAMENDI, Mr. SERRANO, Mr. SOTO, Mr. HASTINGS, Ms. SPEIER, Mr. 

NADLER, Mr. LYNCH, Mr. SMITH of Washington, Mr. KEATING, Mr. 

RYAN of Ohio, Mr. COOPER, Ms. DEGETTE, Mr. SEAN PATRICK MALONEY of New York, Mr. BLUMENAUER, Ms. ADAMS, Mrs. LAWRENCE, Mr. 

SARBANES, Mr. GRIJALVA, Mr. DELANEY, Mr. JOHNSON of Georgia, Mr. 

LARSEN of Washington, Mr. TAKANO, Ms. CLARKE of New York, Mr. AL

GREEN of Texas, Ms. BORDALLO, Mr. LOWENTHAL, Ms. WASSERMAN

SCHULTZ, Mr. COHEN, Ms. SHEA-PORTER, Ms. TSONGAS, Mr. FOSTER, 

Ms. BONAMICI, Mrs. WATSON COLEMAN, Ms. MOORE, Mr. KILMER, Ms. 

VELA ́ZQUEZ, Mr. CARTWRIGHT, and Ms. SCHAKOWSKY) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committee on House Administration, 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 provide that 6 of the 12 weeks of parental leave made 

available to a Federal employee shall be paid leave, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Employees 

3 Paid Parental Leave Act of 2017’’. 

4 SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. 

5 (a) AMENDMENT TO TITLE 5.—Subsection (d) of sec6 tion 6382 of title 5, United States Code, is amended— 

7 (1) by redesignating such subsection as sub8 section (d)(1); 

9 (2) by striking ‘‘subparagraph (A), (B), (C),’’ 

10 and inserting ‘‘subparagraph (C),’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(2) An employee may elect to substitute for 

13 any leave without pay under subparagraph (A) or 

14 (B) of subsection (a)(1) any paid leave which is 

15 available to such employee for that purpose. 

16 ‘‘(3) The paid leave that is available to an em17 ployee for purposes of paragraph (2) is— 

18 ‘‘(A) subject to paragraph (6), 6 adminis19 trative workweeks of paid parental leave under 

20 this subparagraph in connection with the birth 

21 or placement involved; and 

22 ‘‘(B) any annual or sick leave accrued or 

23 accumulated by such employee under sub24 chapter I. 

25 ‘‘(4) Nothing in this subsection shall be consid26 ered to require that an employee first use all or any 


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1 portion of the leave described in paragraph (3)(B) 

2 before being allowed to use the paid parental leave 

3 described in paragraph (3)(A). 

4 ‘‘(5) Paid parental leave under paragraph 

5 (3)(A)— 

6 ‘‘(A) shall be payable from any appropria7 tion or fund available for salaries or expenses 

8 for positions within the employing agency; 

9 ‘‘(B) shall not be considered to be annual 

10 or vacation leave for purposes of section 5551 

11 or 5552 or for any other purpose; and 

12 ‘‘(C) if not used by the employee before the 

13 end of the 12-month period (as referred to in 

14 subsection (a)(1)) to which it relates, shall not 

15 accumulate for any subsequent use. 

16 ‘‘(6) The Director of the Office of Personnel 

17 Management— 

18 ‘‘(A) may promulgate regulations to in19 crease the amount of paid parental leave avail20 able to an employee under paragraph (3)(A), to 

21 a total of not more than 12 administrative 

22 workweeks, based on the consideration of— 

23 ‘‘(i) the benefits provided to the Fed24 eral Government of offering increased paid 


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1 parental leave, including enhanced recruit2 ment and retention of employees; 

3 ‘‘(ii) the cost to the Federal Govern4 ment of increasing the amount of paid pa5 rental leave that is available to employees; 

6 ‘‘(iii) trends in the private sector and 

7 in State and local governments with re8 spect to offering paid parental leave; 

9 ‘‘(iv) the Federal Government’s role 

10 as a model employer; 

11 ‘‘(v) the impact of increased paid pa12 rental leave on lower-income and economi13 cally disadvantaged employees and their 

14 children; and 

15 ‘‘(vi) such other factors as the Direc16 tor considers necessary; and 

17 ‘‘(B) shall prescribe any regulations nec18 essary to carry out this subsection, including, 

19 subject to paragraph (4), the manner in which 

20 an employee may designate any day or other 

21 period as to which such employee wishes to use 

22 paid parental leave described in paragraph 

23 (3)(A).’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall not be effective with respect to any birth 


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1 or placement occurring before the end of the 6-month pe2 riod beginning on the date of the enactment of this Act. 

3 SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM4 PLOYEES. 

5 (a) AMENDMENTS TO CONGRESSIONAL ACCOUNT6 ABILITY ACT.—Section 202 of the Congressional Account7 ability Act of 1995 (2 U.S.C. 1312) is amended— 

8 (1) in subsection (a)(1), by adding at the end 

9 the following: ‘‘In applying section 102(a)(1) (A) 

10 and (B) of such Act to covered employees, sub11 section (d) shall apply.’’; 

12 (2) by redesignating subsections (d) and (e) as 

13 subsections (e) and (f), respectively; and 

14 (3) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) SPECIAL RULE FOR PAID PARENTAL LEAVE

17 FOR CONGRESSIONAL EMPLOYEES.— 

18 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov19 ered employee taking leave without pay under sub20 paragraph (A) or (B) of section 102(a)(1) of the 

21 Family and Medical Leave Act of 1993 (29 U.S.C. 

22 2612(a)(1)) may elect to substitute for any such 

23 leave any paid leave which is available to such em24 ployee for that purpose. 


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1 ‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 

2 that is available to a covered employee for purposes 

3 of paragraph (1) is— 

4 ‘‘(A) the number of weeks of paid parental 

5 leave in connection with the birth or placement 

6 involved that correspond to the number of ad7 ministrative workweeks of paid parental leave 

8 available to Federal employees under section 

9 6382(d)(3)(A) of title 5, United States Code; 

10 and 

11 ‘‘(B) any additional paid vacation or sick 

12 leave provided by the employing office to such 

13 employee. 

14 ‘‘(3) LIMITATION.—Nothing in this subsection 

15 shall be considered to require that an employee first 

16 use all or any portion of the leave described in para17 graph (2)(B) before being allowed to use the paid 

18 parental leave described in paragraph (2)(A). 

19 ‘‘(4) ADDITIONAL RULES.—Paid parental leave 

20 under paragraph (2)(A)— 

21 ‘‘(A) shall be payable from any appropria22 tion or fund available for salaries or expenses 

23 for positions within the employing office; and 

24 ‘‘(B) if not used by the covered employee 

25 before the end of the 12-month period (as reVerDate Sep 11 2014 02:35 Feb 14, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1022.IH H1022

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1 ferred to in section 102(a)(1) of the Family and 

2 Medical Leave Act of 1993 (29 U.S.C. 

3 2612(a)(1))) to which it relates, shall not accu4 mulate for any subsequent use.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall not be effective with respect to any birth 

7 or placement occurring before the end of the 6-month pe8 riod beginning on the date of the enactment of this Act. 

9 SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MED10 ICAL LEAVE ACT FOR GAO AND LIBRARY OF 

11 CONGRESS EMPLOYEES. 

12 (a) AMENDMENT TO FAMILY AND MEDICAL LEAVE

13 ACT OF 1993.—Section 102(d) of the Family and Medical 

14 Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by 

15 adding at the end the following: 

16 ‘‘(3) SPECIAL RULE FOR GAO AND LIBRARY OF

17 CONGRESS EMPLOYEES.— 

18 ‘‘(A) SUBSTITUTION OF PAID LEAVE.—An 

19 employee of an employer described in section 

20 101(4)(A)(iv) taking leave under subparagraph 

21 (A) or (B) of subsection (a)(1) may elect to 

22 substitute for any such leave any paid leave 

23 which is available to such employee for that 

24 purpose. 


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1 ‘‘(B) AMOUNT OF PAID LEAVE.—The paid 

2 leave that is available to an employee of an em3 ployer described in section 101(4)(A)(iv) for 

4 purposes of subparagraph (A) is— 

5 ‘‘(i) the number of weeks of paid pa6 rental leave in connection with the birth or 

7 placement involved that correspond to the 

8 number of administrative workweeks of 

9 paid parental leave available to Federal 

10 employees under section 6382(d)(3)(A) of 

11 title 5, United States Code; and 

12 ‘‘(ii) any additional paid vacation or 

13 sick leave provided by such employer. 

14 ‘‘(C) LIMITATION.—Nothing in this para15 graph shall be considered to require that an 

16 employee first use all or any portion of the 

17 leave described in subparagraph (B)(ii) before 

18 being allowed to use the paid parental leave de19 scribed in clause (i) of such subparagraph. 

20 ‘‘(D) ADDITIONAL RULES.—Paid parental 

21 leave under subparagraph (B)(i)— 

22 ‘‘(i) shall be payable from any appro23 priation or fund available for salaries or 

24 expenses for positions with the employer 

25 described in section 101(4)(A)(iv); and 


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1 ‘‘(ii) if not used by the employee of 

2 such employer before the end of the 12- 

3 month period (as referred to in subsection 

4 (a)(1)) to which it relates, shall not accu5 mulate for any subsequent use.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall not be effective with respect to any birth 

8 or placement occurring before the end of the 6-month pe9 riod beginning on the date of the enactment of this Act. 

10 SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL 

11 GUARD AND RESERVES. 

12 (a) EXECUTIVE BRANCH EMPLOYEES.—For pur13 poses of determining the eligibility of an employee who is 

14 a member of the National Guard or Reserves to take leave 

15 under paragraph (1) (A) or (B) of section 6382(a) of title 

16 5, United States Code, or to substitute such leave pursu17 ant to paragraph (2) of such section (as added by section 

18 2), any service by such employee on active duty (as defined 

19 in section 6381(7) of such title) shall be counted as service 

20 as an employee for purposes of section 6381(1)(B) of such 

21 title. 

22 (b) CONGRESSIONAL EMPLOYEES.—For purposes of 

23 determining the eligibility of a covered employee (as such 

24 term is defined in section 101(3) of the Congressional Ac25 countability Act) who is a member of the National Guard 


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1 or Reserves to take leave under subparagraph (A) or (B) 

2 of section 102(a)(1) of the Family and Medical Leave Act 

3 of 1993 (pursuant to section 202(a)(1) of the Congres4 sional Accountability Act), or to substitute such leave pur5 suant to subsection (d) of section 202 of such Act (as 

6 added by section 3), any service by such employee on ac7 tive duty (as defined in section 101(14) of the Family and 

8 Medical Leave Act of 1993) shall be counted as time dur9 ing which such employee has been employed in an employ10 ing office for purposes of section 202(a)(2)(B) of the Con11 gressional Accountability Act. 

12 (c) GAO AND LIBRARY OF CONGRESS EMPLOY13 EES.—For purposes of determining the eligibility of an 

14 employee of the Government Accountability Office or Li15 brary of Congress who is a member of the National Guard 

16 or Reserves to take leave under subparagraph (A) or (B) 

17 of section 102(a)(1) of the Family and Medical Leave Act 

18 of 1993, or to substitute such leave pursuant to paragraph 

19 (3) of section 102(d) of such Act (as added by section 

20 4), any service by such employee on active duty (as defined 

21 in section 101(14) of such Act) shall be counted as time 

22 during which such employee has been employed for pur23 poses of section 101(2)(A) of such Act. 


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1 SEC. 6. CONFORMING AMENDMENT FOR CERTAIN TSA EM2 PLOYEES. 

3 Section 111(d)(2) of the Aviation and Transportation 

4 Security Act (49 U.S.C. 44935 note) is amended to read 

5 as follows: 

6 ‘‘(2) EXCEPTIONS.— 

7 ‘‘(A) REEMPLOYMENT.—In carrying out 

8 the functions authorized under paragraph (1), 

9 the Under Secretary shall be subject to the pro10 visions set forth in chapter 43 of title 38, 

11 United States Code. 

12 ‘‘(B) LEAVE.—The provisions of section 

13 6382(a)(1)(A) and (B) of title 5, United States 

14 Code, and subsection (d)(2) through (6) of such 

15 section, shall apply to any individual appointed 

16 under paragraph (1).’’. 

Æ 


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