[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3657 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3657

To provide additional respite care for spouses of members of the Armed 
          Forces who deploy overseas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 17), 2008

  Mr. Baucus introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide additional respite care for spouses of members of the Armed 
          Forces who deploy overseas, 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 Child Care Act of 2008''.

SEC. 2. RESPITE CARE FOR SPOUSES, CAREGIVERS, AND SURVIVORS OF MEMBERS 
              OF THE ARMED FORCES DEPLOYING TO COMBAT ZONES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue guidance to 
ensure access to, and affordability of, respite care as follows:
            (1) For spouses of members of the Armed Forces deployed to 
        a combat zone, and for caregivers with respect to such members, 
        respite care in caring for children of such members under the 
        age of 13 throughout the period of such member's deployment to 
        a combat zone.
            (2) For survivors of members of the Armed Forces deployed 
        to a combat zone who are killed during such deployment, respite 
        care in caring for children of such members until such children 
        reach the age of 13.
    (b) Access.--For purposes of subsection (a), a spouse, caregiver, 
or survivor of a member described in that subsection shall be treated 
as having access to respite care for the time applicable under that 
subsection if--
            (1) access to high-quality respite care is available at the 
        child development program at the permanent duty station of the 
        member concerned during the entirety of such time;
            (2) in the event access is not available as described in 
        paragraph (1), or the spouse, caregiver, or survivor does not 
        reside on a military installation, access is provided (whether 
        by payment or reimbursement) to high-quality respite care from 
        a non-Department of Defense source approved by the Secretary 
        for purposes of this section during the entirety of such time; 
        or
            (3) access to high-quality respite care throughout such 
        period is achieved by a combination of the mechanisms described 
        in paragraphs (1) and (2).
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on this section, The report shall include the following:
            (1) A description of the guidance issued under this 
        section, including a description of the manner in which respite 
        care will be provided under this section regardless of whether 
        the spouses, caregivers, or survivors concerned reside on or 
        off a military installation.
            (2) Such recommendations as the Secretary considers 
        appropriate for legislative or administrative action to improve 
        access to and affordability of high-quality respite care for 
        spouses of members of the Armed Forces described in subsection 
        (a) in caring for children of such members under the age of 13 
        throughout the time applicable under that subsection.
    (d) Caregiver Defined.--In this section, the term ``caregiver'' 
means an individual who--
            (1) is at least 18 years of age;
            (2) is capable of self care; and
            (3) is capable of care of children under the age of 13.
                                 <all>