[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2060 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2060
To provide for the payment of a benefit to members eligible for
participation in the Post-Deployment/Mobilization Respite Absence
program for days of nonparticipation due to Government error.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2012
Mr. Kohl (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide for the payment of a benefit to members eligible for
participation in the Post-Deployment/Mobilization Respite Absence
program for days of nonparticipation due to Government error.
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 ``Fair Military Leave Act''.
SEC. 2. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN
POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE
TO GOVERNMENT ERROR.
(a) Payment of Benefit.--
(1) In general.--The Secretary concerned shall, upon
application therefor, make a payment to each individual
described in paragraph (2) of $200 for each day of
nonparticipation of such individual in the Post-Deployment/
Mobilization Respite Absence program as described in that
paragraph.
(2) Covered individuals.--An individual described in this
paragraph is an individual who--
(A) was eligible for participation as a member of
the Armed Forces in the Post-Deployment/Mobilization
Respite Absence program; but
(B) as determined by the Secretary concerned
pursuant to an application for the correction of the
military records of such individual pursuant to section
1552 of title 10, United States Code, did not
participate in one or more days in the program for
which the individual was so eligible due to Government
error.
(b) Deceased Individuals.--
(1) Applications.--If an individual otherwise covered by
subsection (a) is deceased, the application required by that
subsection shall be made by the individual's legal
representative.
(2) Payment.--If an individual to whom payment would be
made under subsection (a) is deceased at time of payment,
payment shall be made in the manner specified in section
1552(c)(2) of title 10, United States Code.
(c) Payment in Lieu of Administrative Absence.--Payment under
subsection (a) with respect to a day described in that subsection shall
be in lieu of any entitlement of the individual concerned to a day of
administrative absence for such day.
(d) Construction.--
(1) Construction with other pay.--Any payment with respect
to an individual under subsection (a) is in addition to any
other pay provided by law.
(2) Construction of authority.--It is the sense of Congress
that--
(A) the sole purpose of the authority in this
section is to remedy administrative errors; and
(B) the authority in this section is not intended
to establish any entitlement in connection with the
Post-Deployment/Mobilization Respite Absence program.
(e) Definitions.--In this section, the terms ``Post-Deployment/
Mobilization Respite Absence program'' and ``Secretary concerned'' have
the meaning given such terms in section 604(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2350).
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