[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1888 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1888

 To provide for 2 programs 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

                            October 19, 2005

 Mr. Jeffords (for himself and Mr. Feingold) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for 2 programs 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 of 
2005''.

SEC. 2. PROGRAMS 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 21 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 while the 
                individual who designated the caregiver under paragraph 
                (3) remains a qualified member of the Armed Forces.
                    (C) Employee.--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'' 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.
            (2) Establishment of program.--The Office of Personnel 
        Management shall establish a program to authorize a caregiver 
        to--
                    (A) use any sick leave of that caregiver during a 
                covered period of service in the same manner and to the 
                same extent as annual leave is used; and
                    (B) 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.
            (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) Designation of spouse.--Notwithstanding 
                paragraph (1)(A)(ii), an individual less than 21 years 
                of age may be designated as a caregiver if that 
                individual is the spouse of the qualified member of the 
                Armed Forces making the designation.
            (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) 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.
            (6) Termination.--The program under this subsection shall 
        terminate on December 31, 2007.
    (b) Voluntary Private Sector Leave Program.--
            (1) Definitions.--
                    (A) Caregiver.--The term ``caregiver'' means an 
                individual who--
                            (i) is an employee;
                            (ii) is at least 21 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 while the 
                individual who designated the caregiver under paragraph 
                (4) remains a qualified member of the Armed Forces.
                    (C) Employee.--The term ``employee'' means an 
                employee of a business entity participating in the 
                program under this subsection.
                    (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'' 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.
            (2) Establishment of program.--
                    (A) In general.--The Secretary of Labor shall 
                establish a program to authorize employees of business 
                entities described under paragraph (3) to use sick 
                leave, or any other leave available to an employee, 
                during a covered period of service in the same manner 
                and to the same extent as annual leave (or its 
                equivalent) is used.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                leave made available under the Family and Medical Leave 
                Act of 1993 (29 U.S.C. 2601 et seq.).
            (3) Voluntary business participation.--The Secretary of 
        Labor shall solicit business entities to voluntarily 
        participate in the program under this subsection.
            (4) 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 business entity.
                    (B) Designation of spouse.--Notwithstanding 
                paragraph (1)(A)(ii), an individual less than 21 years 
                of age may be designated as a caregiver if that 
                individual is the spouse of the qualified member of the 
                Armed Forces making the designation.
            (5) 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.
            (6) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Labor shall prescribe 
        regulations to carry out this subsection.
            (7) Termination.--The program under this subsection shall 
        terminate on December 31, 2007.
    (c) GAO Report.--Not later than June 30, 2007, the Government 
Accountability Office shall submit a report to Congress on the programs 
under subsections (a) and (b) that includes--
            (1) an evaluation of the success of each program; and
            (2) recommendations for the continuance or termination of 
        each program.
                                 <all>