II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Military Leave 

5 Act’’. 


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•S 2060 IS

1 SEC. 2. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF 

2 ELIGIBLE MEMBERS IN POST-DEPLOYMENT/ 

3 MOBILIZATION RESPITE ABSENCE PROGRAM 

4 DUE TO GOVERNMENT ERROR. 

5 (a) PAYMENT OF BENEFIT.— 

6 (1) IN GENERAL.—The Secretary concerned 

7 shall, upon application therefor, make a payment to 

8 each individual described in paragraph (2) of $200 

9 for each day of nonparticipation of such individual 

10 in the Post-Deployment/Mobilization Respite Ab11 sence program as described in that paragraph. 

12 (2) COVERED INDIVIDUALS.—An individual de13 scribed in this paragraph is an individual who— 

14 (A) was eligible for participation as a 

15 member of the Armed Forces in the Post-De16 ployment/Mobilization Respite Absence pro17 gram; but 

18 (B) as determined by the Secretary con19 cerned pursuant to an application for the cor20 rection of the military records of such indi21 vidual pursuant to section 1552 of title 10, 

22 United States Code, did not participate in one 

23 or more days in the program for which the indi24 vidual was so eligible due to Government error. 

25 (b) DECEASED INDIVIDUALS.— 


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•S 2060 IS

1 (1) APPLICATIONS.—If an individual otherwise 

2 covered by subsection (a) is deceased, the application 

3 required by that subsection shall be made by the in4 dividual’s legal representative. 

5 (2) PAYMENT.—If an individual to whom pay6 ment would be made under subsection (a) is de7 ceased at time of payment, payment shall be made 

8 in the manner specified in section 1552(c)(2) of title 

9 10, United States Code. 

10 (c) PAYMENT IN LIEU OF ADMINISTRATIVE AB11 SENCE.—Payment under subsection (a) with respect to a 

12 day described in that subsection shall be in lieu of any 

13 entitlement of the individual concerned to a day of admin14 istrative absence for such day. 

15 (d) CONSTRUCTION.— 

16 (1) CONSTRUCTION WITH OTHER PAY.—Any 

17 payment with respect to an individual under sub18 section (a) is in addition to any other pay provided 

19 by law. 

20 (2) CONSTRUCTION OF AUTHORITY.—It is the 

21 sense of Congress that— 

22 (A) the sole purpose of the authority in 

23 this section is to remedy administrative errors; 

24 and 


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•S 2060 IS

1 (B) the authority in this section is not in2 tended to establish any entitlement in connec3 tion with the Post-Deployment/Mobilization 

4 Respite Absence program. 

5 (e) DEFINITIONS.—In this section, the terms ‘‘Post6 Deployment/Mobilization Respite Absence program’’ and 

7 ‘‘Secretary concerned’’ have the meaning given such terms 

8 in section 604(f) of the National Defense Authorization 

9 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

10 2350). 

Æ 


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