II 

110TH CONGRESS 

2D SESSION S. 3163 

To provide for a Federal employees program 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 

JUNE 19, 2008 

Mr. FEINGOLD (for himself and Mr. CASEY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for a Federal employees program 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’’. 

mstockstill on PROD1PC66 with BILLS

2 

•S 3163 IS

1 SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF 

2 LEAVE BY CAREGIVERS FOR FAMILY MEM3 BERS OF INDIVIDUALS PERFORMING CER4 TAIN MILITARY SERVICE. 

5 (a) FEDERAL EMPLOYEES PROGRAM.— 

6 (1) DEFINITIONS.—In this subsection: 

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

8 means an individual who— 

9 (i) is an employee; 

10 (ii) is at least 18 years of age; and 

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

12 children or other dependent family mem13 bers of a qualified member of the Armed 

14 Forces. 

15 (B) COVERED PERIOD OF SERVICE.—The 

16 term ‘‘covered period of service’’ means any pe17 riod of service performed by an employee as a 

18 caregiver— 

19 (i) while the individual who designated 

20 the caregiver under paragraph (3)(A) re21 mains a qualified member of the Armed 

22 Forces; or 

23 (ii) after being designated as the care24 giver under paragraph (3)(B) and while 

25 the applicable qualified member of the 

mstockstill on PROD1PC66 with BILLS

3 

•S 3163 IS

1 Armed Forces remains a qualified member 

2 of the Armed Forces. 

3 (C) EMPLOYEE.—Except as provided 

4 under paragraph (5), the term ‘‘employee’’ has 

5 the meaning given under section 6331 of title 

6 5, United States Code. 

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

8 member’’ includes— 

9 (i) individuals for whom the qualified 

10 member of the Armed Forces provides 

11 medical, financial, and logistical support 

12 (such as housing, food, clothing, or trans13 portation); and 

14 (ii) children under the age of 19 

15 years, elderly adults, persons with disabil16 ities, and other persons who are unable to 

17 care for themselves in the absence of the 

18 qualified member of the Armed Forces. 

19 (E) QUALIFIED MEMBER OF THE ARMED

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

21 Armed Forces’’— 

22 (i) means— 

23 (I) a member of a reserve compo24 nent of the Armed Forces as de25 scribed under section 10101 of title 

mstockstill on PROD1PC66 with BILLS

4 

•S 3163 IS

1 10, United States Code, who has re2 ceived notice to report to, or is serving 

3 on, active duty in the Armed Forces 

4 in support of a contingency operation 

5 as defined under section 101(a)(13) of 

6 title 10, United States Code; or 

7 (II) a member of the Armed 

8 Forces on active duty who is eligible 

9 for hostile fire or imminent danger 

10 special pay under section 310 of title 

11 37, United States Code; and 

12 (ii) includes a member described 

13 under clause (i) who is medically dis14 charged or retires from the Armed Forces, 

15 but only for the 36 month period beginning 

16 on the date of that medical discharge or 

17 retirement. 

18 (2) ESTABLISHMENT OF PROGRAM.—The Office 

19 of Personnel Management shall establish a program 

20 that— 

21 (A) authorizes a caregiver to— 

22 (i) use any sick leave of that caregiver 

23 during a covered period of service; and 

24 (ii) use any leave available to that 

25 caregiver under subchapter III or IV of 

mstockstill on PROD1PC66 with BILLS

5 

•S 3163 IS

1 chapter 63 of title 5, United States Code, 

2 during a covered period of service as 

3 though that covered period of service is a 

4 medical emergency; 

5 (B) provides a process under which a care6 giver provides the employing agency reasonable 

7 notice of the need for leave under this section, 

8 similar to the process under which notice is pro9 vided to the employing agency under subchapter 

10 V of chapter 63 of title 5, United States Code; 

11 and 

12 (C) protects employees from discrimination 

13 or retaliation for the use of the leave under this 

14 section and provides employees with the oppor15 tunity to appeal a denial of the use of leave 

16 under this section. 

17 (3) DESIGNATION OF CAREGIVER.— 

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

19 the Armed Forces shall submit a written des20 ignation of the individual who is the caregiver 

21 for any family member of that member of the 

22 Armed Forces during a covered period of serv23 ice to the employing agency and the Office of 

24 Personnel Management. 

mstockstill on PROD1PC66 with BILLS

6 

•S 3163 IS

1 (B) INCAPACITATED MEMBERS.—If a 

2 qualified member of the Armed Forces who did 

3 not submit a designation under subparagraph 

4 (A) becomes incapacitated and is unable to sub5 mit that designation, a designation under sub6 paragraph (A) may be submitted on behalf of 

7 that member by another individual in accord8 ance with regulations prescribed by the Office 

9 of Personnel Management after consultation 

10 with the Department of Defense. 

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

12 only be used under this subsection for purposes di13 rectly relating to, or resulting from, the designation 

14 of an employee as a caregiver. 

15 (5) PROHIBITION OF COERCION.— 

16 (A) DEFINITION.—In this section: 

17 (i) EMPLOYEE.—The term ‘‘em18 ployee’’ has the meaning given under sec19 tion 2105 of title 5, United States Code. 

20 (ii) INTIMIDATE, THREATEN, OR CO21 ERCE.—The term ‘‘intimidate, threaten, or 

22 coerce’’ includes promising to confer or 

23 conferring any benefit (such as appoint24 ment, promotion, or compensation), or tak25 ing or threatening to take any reprisal 

mstockstill on PROD1PC66 with BILLS

7 

•S 3163 IS

1 (such as deprivation of appointment, pro2 motion, or compensation). 

3 (B) PROHIBITION.—An employee shall not 

4 directly or indirectly intimidate, threaten, or co5 erce, or attempt to intimidate, threaten, or co6 erce, any other employee for the purpose of 

7 interfering with the exercise of any rights which 

8 such other employee may have under this Act. 

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

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

11 of Personnel Management shall prescribe regulations 

12 to carry out this subsection. 

13 (7) TERMINATION.—The program under this 

14 subsection shall terminate on December 31, 2012. 

15 (b) GAO REPORT.—Not later than June 30, 2010, 

16 the Government Accountability Office shall submit a re17 port to Congress on the program under subsections (a) 

18 that includes— 

19 (1) an evaluation of the success of the program; 

20 (2) recommendations for the continuance or 

21 termination of the program; and 

22 (3) a recommendation for the program or an 

23 expansion of the Family Medical Leave Act of 1993. 

24 (c) OFFSET.—The aggregate amount authorized to 

25 be appropriated for fiscal year 2008 for the use of the 

mstockstill on PROD1PC66 with BILLS

8 

•S 3163 IS

1 Department of Defense for research, development, test 

2 and evaluation shall be reduced by $2,000,000. 

Æ 

mstockstill on PROD1PC66 with BILLS