[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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