I 
110TH CONGRESS 
2D SESSION 
H. R. 6326 
To provide for a Federal employees program to authorize the use of leave 
by caregivers for family members of certain individuals performing mili-
tary service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2008 
Ms. WOOLSEY introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Family Sup-
port Act of 2008’’. 
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SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF 
LEAVE BY CAREGIVERS FOR FAMILY MEM-
BERS OF INDIVIDUALS PERFORMING CER-
TAIN MILITARY SERVICE. 
(a) FEDERAL EMPLOYEES PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) CAREGIVER.—The term ‘‘caregiver’’ 
means an individual who— 
(i) is an employee; 
(ii) is at least 18 years of age; and 
(iii) is capable of self care and care of 
children or other dependent family mem-
bers of a qualified member of the Armed 
Forces. 
(B) COVERED PERIOD OF SERVICE.—The 
term ‘‘covered period of service’’ means any pe-
riod of service performed by an employee as a 
caregiver— 
(i) while the individual who designated 
the caregiver under paragraph (3)(A) re-
mains a qualified member of the Armed 
Forces; or 
(ii) after being designated as the care-
giver under paragraph (3)(B) and while 
the applicable qualified member of the 
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Armed Forces remains a qualified member 
of the Armed Forces. 
(C) 
EMPLOYEE.—Except 
as 
provided 
under paragraph (5), the term ‘‘employee’’ has 
the meaning given under section 6331 of title 
5, United States Code. 
(D) FAMILY MEMBER.—The term ‘‘family 
member’’ includes— 
(i) individuals for whom the qualified 
member of the Armed Forces provides 
medical, financial, and logistical support 
(such as housing, food, clothing, or trans-
portation); and 
(ii) children under the age of 19 
years, elderly adults, persons with disabil-
ities, and other persons who are unable to 
care for themselves in the absence of the 
qualified member of the Armed Forces. 
(E) QUALIFIED MEMBER OF THE ARMED 
FORCES.—The term ‘‘qualified member of the 
Armed Forces’’— 
(i) means— 
(I) a member of a reserve compo-
nent of the Armed Forces as de-
scribed under section 10101 of title 
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10, United States Code, who has re-
ceived notice to report to, or is serving 
on, active duty in the Armed Forces 
in support of a contingency operation 
as defined under section 101(a)(13) of 
title 10, United States Code; or 
(II) a member of the Armed 
Forces on active duty who is eligible 
for hostile fire or imminent danger 
special pay under section 310 of title 
37, United States Code; and 
(ii) includes a member described 
under clause (i) who is medically dis-
charged or retires from the Armed Forces, 
but only for the 36 month period beginning 
on the date of that medical discharge or 
retirement. 
(2) ESTABLISHMENT OF PROGRAM.—The Office 
of Personnel Management shall establish a program 
that— 
(A) authorizes a caregiver to— 
(i) use any sick leave of that caregiver 
during a covered period of service; and 
(ii) use any leave available to that 
caregiver under subchapter III or IV of 
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chapter 63 of title 5, United States Code, 
during a covered period of service as 
though that covered period of service is a 
medical emergency; 
(B) provides a process under which a care-
giver provides the employing agency reasonable 
notice of the need for leave under this section, 
similar to the process under which notice is pro-
vided to the employing agency under subchapter 
V of chapter 63 of title 5, United States Code; 
and 
(C) protects employees from discrimination 
or retaliation for the use of the leave under this 
section and provides employees with the oppor-
tunity to appeal a denial of the use of leave 
under this section. 
(3) DESIGNATION OF CAREGIVER.— 
(A) IN GENERAL.—A qualified member of 
the Armed Forces shall submit a written des-
ignation of the individual who is the caregiver 
for any family member of that member of the 
Armed Forces during a covered period of serv-
ice to the employing agency and the Office of 
Personnel Management. 
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(B) 
INCAPACITATED
MEMBERS.—If 
a 
qualified member of the Armed Forces who did 
not submit a designation under subparagraph 
(A) becomes incapacitated and is unable to sub-
mit that designation, a designation under sub-
paragraph (A) may be submitted on behalf of 
that member by another individual in accord-
ance with regulations prescribed by the Office 
of Personnel Management after consultation 
with the Department of Defense. 
(4) USE
OF
CAREGIVER
LEAVE.—Leave may 
only be used under this subsection for purposes di-
rectly relating to, or resulting from, the designation 
of an employee as a caregiver. 
(5) PROHIBITION OF COERCION.— 
(A) DEFINITION.—In this section: 
(i) 
EMPLOYEE.—The 
term 
‘‘em-
ployee’’ has the meaning given under sec-
tion 2105 of title 5, United States Code. 
(ii) INTIMIDATE, THREATEN, OR CO-
ERCE.—The term ‘‘intimidate, threaten, or 
coerce’’ includes promising to confer or 
conferring any benefit (such as appoint-
ment, promotion, or compensation), or tak-
ing or threatening to take any reprisal 
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(such as deprivation of appointment, pro-
motion, or compensation). 
(B) PROHIBITION.—An employee shall not 
directly or indirectly intimidate, threaten, or co-
erce, or attempt to intimidate, threaten, or co-
erce, any other employee for the purpose of 
interfering with the exercise of any rights which 
such other employee may have under this Act. 
(6) REGULATIONS.—Not later than 120 days 
after the date of enactment of this Act, the Office 
of Personnel Management shall prescribe regulations 
to carry out this subsection. 
(7) TERMINATION.—The program under this 
subsection shall terminate on December 31, 2012. 
(b) GAO REPORT.—Not later than June 30, 2010, 
the Government Accountability Office shall submit a re-
port to Congress on the program under subsections (a) 
that includes— 
(1) an evaluation of the success of the program; 
(2) recommendations for the continuance or 
termination of the program; and 
(3) a recommendation for the program or an 
expansion of the Family and Medical Leave Act of 
1993. 
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(c) OFFSET.—The aggregate amount authorized to 
be appropriated for fiscal year 2008 for the use of the 
Department of Defense for research, development, test 
and evaluation shall be reduced by $2,000,000. 
Æ 
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