II 

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. 

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 ‘‘Military Family Sup5 port Act of 2005’’. 

6 SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS 

7 FOR FAMILY MEMBERS OF INDIVIDUALS PER8 FORMING CERTAIN MILITARY SERVICE. 

9 (a) FEDERAL EMPLOYEES PROGRAM.— 
2 

•S 1888 IS

1 (1) DEFINITIONS.—In this subsection: 

2 (A) CAREGIVER.—The term ‘‘caregiver’’ 

3 means an individual who— 

4 (i) is an employee; 

5 (ii) is at least 21 years of age; and 

6 (iii) is capable of self care and care of 

7 children or other dependent family mem8 bers of a qualified member of the Armed 

9 Forces. 

10 (B) COVERED PERIOD OF SERVICE.—The 

11 term ‘‘covered period of service’’ means any pe12 riod of service performed by an employee as a 

13 caregiver while the individual who designated 

14 the caregiver under paragraph (3) remains a 

15 qualified member of the Armed Forces. 

16 (C) EMPLOYEE.—The term ‘‘employee’’ 

17 has the meaning given under section 6331 of 

18 title 5, United States Code. 

19 (D) FAMILY MEMBER.—The term ‘‘family 

20 member’’ includes— 

21 (i) individuals for whom the qualified 

22 member of the Armed Forces provides 

23 medical, financial, and logistical support 

24 (such as housing, food, clothing, or trans25 portation); and 
3 

•S 1888 IS

1 (ii) children under the age of 19 

2 years, elderly adults, persons with disabil3 ities, and other persons who are unable to 

4 care for themselves in the absence of the 

5 qualified member of the Armed Forces. 

6 (E) QUALIFIED MEMBER OF THE ARMED

7 FORCES.—The term ‘‘qualified member of the 

8 Armed Forces’’ means— 

9 (i) a member of a reserve component 

10 of the Armed Forces as described under 

11 section 10101 of title 10, United States 

12 Code, who has received notice to report to, 

13 or is serving on, active duty in the Armed 

14 Forces in support of a contingency oper15 ation as defined under section 101(a)(13) 

16 of title 10, United States Code; or 

17 (ii) a member of the Armed Forces on 

18 active duty who is eligible for hostile fire 

19 or imminent danger special pay under sec20 tion 310 of title 37, United States Code. 

21 (2) ESTABLISHMENT OF PROGRAM.—The Office 

22 of Personnel Management shall establish a program 

23 to authorize a caregiver to— 

24 (A) use any sick leave of that caregiver 

25 during a covered period of service in the same 
4 

•S 1888 IS

1 manner and to the same extent as annual leave 

2 is used; and 

3 (B) use any leave available to that care4 giver under subchapter III or IV of chapter 63 

5 of title 5, United States Code, during a covered 

6 period of service as though that covered period 

7 of service is a medical emergency. 

8 (3) DESIGNATION OF CAREGIVER.— 

9 (A) IN GENERAL.—A qualified member of 

10 the Armed Forces shall submit a written des11 ignation of the individual who is the caregiver 

12 for any family member of that member of the 

13 Armed Forces during a covered period of serv14 ice to the employing agency and the Office of 

15 Personnel Management. 

16 (B) DESIGNATION OF SPOUSE.—Notwith17 standing paragraph (1)(A)(ii), an individual 

18 less than 21 years of age may be designated as 

19 a caregiver if that individual is the spouse of 

20 the qualified member of the Armed Forces mak21 ing the designation. 

22 (4) USE OF CAREGIVER LEAVE.—Leave may 

23 only be used under this subsection for purposes di24 rectly relating to, or resulting from, the designation 

25 of an employee as a caregiver. 
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•S 1888 IS

1 (5) REGULATIONS.—Not later than 120 days 

2 after the date of enactment of this Act, the Office 

3 of Personnel Management shall prescribe regulations 

4 to carry out this subsection. 

5 (6) TERMINATION.—The program under this 

6 subsection shall terminate on December 31, 2007. 

7 (b) VOLUNTARY PRIVATE SECTOR LEAVE PRO8 GRAM.— 

9 (1) DEFINITIONS.— 

10 (A) CAREGIVER.—The term ‘‘caregiver’’ 

11 means an individual who— 

12 (i) is an employee; 

13 (ii) is at least 21 years of age; and 

14 (iii) is capable of self care and care of 

15 children or other dependent family mem16 bers of a qualified member of the Armed 

17 Forces. 

18 (B) COVERED PERIOD OF SERVICE.—The 

19 term ‘‘covered period of service’’ means any pe20 riod of service performed by an employee as a 

21 caregiver while the individual who designated 

22 the caregiver under paragraph (4) remains a 

23 qualified member of the Armed Forces. 
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•S 1888 IS

1 (C) EMPLOYEE.—The term ‘‘employee’’ 

2 means an employee of a business entity partici3 pating in the program under this subsection. 

4 (D) FAMILY MEMBER.—The term ‘‘family 

5 member’’ includes— 

6 (i) individuals for whom the qualified 

7 member of the Armed Forces provides 

8 medical, financial, and logistical support 

9 (such as housing, food, clothing, or trans10 portation); and 

11 (ii) children under the age of 19 

12 years, elderly adults, persons with disabil13 ities, and other persons who are unable to 

14 care for themselves in the absence of the 

15 qualified member of the Armed Forces. 

16 (E) QUALIFIED MEMBER OF THE ARMED

17 FORCES.—The term ‘‘qualified member of the 

18 Armed Forces’’ means— 

19 (i) a member of a reserve component 

20 of the Armed Forces as described under 

21 section 10101 of title 10, United States 

22 Code, who has received notice to report to, 

23 or is serving on, active duty in the Armed 

24 Forces in support of a contingency oper-
7 

•S 1888 IS

1 ation as defined under section 101(a)(13) 

2 of title 10, United States Code; or 

3 (ii) a member of the Armed Forces on 

4 active duty who is eligible for hostile fire 

5 or imminent danger special pay under sec6 tion 310 of title 37, United States Code. 

7 (2) ESTABLISHMENT OF PROGRAM.— 

8 (A) IN GENERAL.—The Secretary of Labor 

9 shall establish a program to authorize employ10 ees of business entities described under para11 graph (3) to use sick leave, or any other leave 

12 available to an employee, during a covered pe13 riod of service in the same manner and to the 

14 same extent as annual leave (or its equivalent) 

15 is used. 

16 (B) EXCEPTION.—Subparagraph (A) shall 

17 not apply to leave made available under the 

18 Family and Medical Leave Act of 1993 (29 

19 U.S.C. 2601 et seq.). 

20 (3) VOLUNTARY BUSINESS PARTICIPATION.— 

21 The Secretary of Labor shall solicit business entities 

22 to voluntarily participate in the program under this 

23 subsection. 

24 (4) DESIGNATION OF CAREGIVER.— 
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•S 1888 IS

1 (A) IN GENERAL.—A qualified member of 

2 the Armed Forces shall submit a written des3 ignation of the individual who is the caregiver 

4 for any family member of that member of the 

5 Armed Forces during a covered period of serv6 ice to the employing business entity. 

7 (B) DESIGNATION OF SPOUSE.—Notwith8 standing paragraph (1)(A)(ii), an individual 

9 less than 21 years of age may be designated as 

10 a caregiver if that individual is the spouse of 

11 the qualified member of the Armed Forces mak12 ing the designation. 

13 (5) USE OF CAREGIVER LEAVE.—Leave may 

14 only be used under this subsection for purposes di15 rectly relating to, or resulting from, the designation 

16 of an employee as a caregiver. 

17 (6) REGULATIONS.—Not later than 120 days 

18 after the date of enactment of this Act, the Sec19 retary of Labor shall prescribe regulations to carry 

20 out this subsection. 

21 (7) TERMINATION.—The program under this 

22 subsection shall terminate on December 31, 2007. 

23 (c) GAO REPORT.—Not later than June 30, 2007, 

24 the Government Accountability Office shall submit a re-
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1 port to Congress on the programs under subsections (a) 

2 and (b) that includes— 

3 (1) an evaluation of the success of each pro4 gram; and 

5 (2) recommendations for the continuance or 

6 termination of each program. 

Æ