[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3163 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3163
To provide for a Federal employees program to authorize the use of
leave by caregivers for family members of certain individuals
performing military service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2008
Mr. Feingold (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for a Federal employees program to authorize the use of
leave by caregivers for family members of certain individuals
performing military service, 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 ``Military Family Support Act''.
SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF LEAVE BY CAREGIVERS FOR
FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY
SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 18 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver--
(i) while the individual who designated the
caregiver under paragraph (3)(A) remains a
qualified member of the Armed Forces; or
(ii) after being designated as the
caregiver under paragraph (3)(B) and while the
applicable qualified member of the Armed Forces
remains a qualified member of the Armed Forces.
(C) Employee.--Except as provided under paragraph
(5), the term ``employee'' has the meaning given under
section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces''--
(i) means--
(I) a member of a reserve component
of the Armed Forces as described under
section 10101 of title 10, United
States Code, who has received notice to
report to, or is serving on, active
duty in the Armed Forces in support of
a contingency operation as defined
under section 101(a)(13) of title 10,
United States Code; or
(II) a member of the Armed Forces
on active duty who is eligible for
hostile fire or imminent danger special
pay under section 310 of title 37,
United States Code; and
(ii) includes a member described under
clause (i) who is medically discharged or
retires from the Armed Forces, but only for the
36 month period beginning on the date of that
medical discharge or retirement.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program that--
(A) authorizes a caregiver to--
(i) use any sick leave of that caregiver
during a covered period of service; and
(ii) use any leave available to that
caregiver under subchapter III or IV of chapter
63 of title 5, United States Code, during a
covered period of service as though that
covered period of service is a medical
emergency;
(B) provides a process under which a caregiver
provides the employing agency reasonable notice of the
need for leave under this section, similar to the
process under which notice is provided to the employing
agency under subchapter V of chapter 63 of title 5,
United States Code; and
(C) protects employees from discrimination or
retaliation for the use of the leave under this section
and provides employees with the opportunity to appeal a
denial of the use of leave under this section.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing agency and the
Office of Personnel Management.
(B) Incapacitated members.--If a qualified member
of the Armed Forces who did not submit a designation
under subparagraph (A) becomes incapacitated and is
unable to submit that designation, a designation under
subparagraph (A) may be submitted on behalf of that
member by another individual in accordance with
regulations prescribed by the Office of Personnel
Management after consultation with the Department of
Defense.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(5) Prohibition of coercion.--
(A) Definition.--In this section:
(i) Employee.--The term ``employee'' has
the meaning given under section 2105 of title
5, United States Code.
(ii) Intimidate, threaten, or coerce.--The
term ``intimidate, threaten, or coerce''
includes promising to confer or conferring any
benefit (such as appointment, promotion, or
compensation), or taking or threatening to take
any reprisal (such as deprivation of
appointment, promotion, or compensation).
(B) Prohibition.--An employee shall not directly or
indirectly intimidate, threaten, or coerce, or attempt
to intimidate, threaten, or coerce, any other employee
for the purpose of interfering with the exercise of any
rights which such other employee may have under this
Act.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(b) GAO Report.--Not later than June 30, 2010, the Government
Accountability Office shall submit a report to Congress on the program
under subsections (a) that includes--
(1) an evaluation of the success of the program;
(2) recommendations for the continuance or termination of
the program; and
(3) a recommendation for the program or an expansion of the
Family Medical Leave Act of 1993.
(c) Offset.--The aggregate amount authorized to be appropriated for
fiscal year 2008 for the use of the Department of Defense for research,
development, test and evaluation shall be reduced by $2,000,000.
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