,,ii  #aafth ,,congress  #ast ,session  
,s4 #aaca  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #aj1    
#bjai,mr4 ,merkley 7for himself and ,mr4
 ,rounds7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,homeland ,security   
and ,governmental ,affairs  ,a ,,bill   
,to establish family and medical leave  
banks to provide paid leave for         
employees of the ,department of         
,defense1 and for other purposes4  #a4  
,department of ,defense family and      
medical leave banks  7a7 ,in general    
,subchapter ,v of chapter #fc of title  
#e1 ,united ,states ,code1 is amended-- 
7#a7 by redesignating section #fchg as  
section #fchh2 and  7#b7 by inserting   
after section #fchf the following3      
#fchg4 ,department of ,defense family   
and medical leave banks  7a7            
,definitions ,in this section--  7#a7   
the term covered ,,dod employee means an
 individual described in section        
#fcha7a77;,a7 who is employed by the    

,department1 without regard to whether  
the individual meets the requirements of
 section #fcha7a77;,b72  7#b7 the term  
,department means the ,department of    
,defense2  7#c7 the term designated unit
 means any agency1 component1 or other  
administrative unit of the ,department  
designated by the ,secretary under      
subsection 7b77#a72  7#d7 the term      
family and medical leave bank means a   
family and medical leave bank           
established under subsection 7b77#b72   
7#e7 the term leave recipient means a   
covered ,,dod employee whose application
 under subsection 7e77#a7 to receive    
leave from a family and medical leave   
bank is approved2 and  7#f7 the term    
,secretary means the ,secretary of      
,defense4  7b7 ,establishment of family 
and medical leave banks ,the ,secretary1
 in consultation with the ,director of  
the ,office of ,personnel ,management1  
shall--  7#a7 designate the agencies1   
components1 or other administrative     
units of the ,department for which it is

 appropriate to have a separate family  
and medical leave bank2 and  7#b7       
establish a family and medical leave    
bank for each designated unit4  7c7     
,establishment of ,family and ,medical  
,leave ,bank ,boards  7#a7 ,in general  
,for each family and medical leave bank 
established by the ,secretary1 the      
,secretary shall establish a ,family and
 ,medical ,leave ,bank ,board consisting
 of #c members1 at least one of whom    
shall represent a labor organization or 
employee group1 to administer the family
 and medical leave bank1 in consultation
 with the ,office of ,personnel         
,management4  7#b7 ,duties ,each ,family
 and ,medical ,leave ,bank ,board1 in   
conjunction with the human resource     
office for the agency1 component1 or    
administrative unit for which the       
applicable family and medical leave bank
 was established1 shall--  7,a7 review  
and determine whether to approve        
applications to the family and medical  
leave bank under subsection 7e77#a72    

7,b7 monitor each case of a leave       
recipient2  7,c7 monitor the amount of  
leave in the family and medical leave   
bank and the number of applications for 
use of leave from the family and medical
 leave bank2 and  7,d7 maintain an      
adequate amount of leave in the family  
and medical leave bank to the greatest  
extent practicable4  7#c7 ,qualifying   
family and medical events ,to the       
greatest extent practicable1 each       
,family and ,medical ,leave ,bank ,board
 shall use the certification forms and  
standards established for purposes of   
section #fchb in determining whether1   
for purposes of this section1 a         
circumstance described in section       
#fchb7;a77#a7 exists4  7d7 ,crediting of
 leave  7#a7 ,forfeited leave ,any      
annual leave lost by a covered ,,dod    
employee by operation of section #fcjd  
shall be credited to the family and     
medical leave bank of the designated    
unit in which the covered ,,dod employee
 is employed4  7#b7 ,additional annual  

leave contributions ,this section shall 
not supersede or modify the ability of a
 covered ,,dod employee to donate earned
 annual leave to a qualified recipient  
under regulations of the ,department4   
7#c7 ,contributions of use or lose leave
  7,a7 ,in general ,a covered ,,dod     
employee who is projected to have annual
 leave that otherwise would be subject  
to forfeiture at the end of the leave   
year under section #fcjd may submit an  
application in writing requesting that a
 specified number of hours 7not to      
exceed the number of hours projected to 
be subject to forfeiture7 be transferred
 from the annual leave account of the   
covered ,,dod employee to the family and
 medical leave bank for the designated  
unit in which the covered ,,dod employee
 is employed4  7,b7 ,approval ,if a     
,family and ,medical ,leave ,bank ,board
 approves an application by a covered   
,,dod employee under subparagraph 7,a71 
the ,secretary shall transfer to the    
family and medical leave bank of the    

designated unit in which the covered    
,,dod employee is employed the amount of
 leave requested to be transferred4  7e7
 ,application for leave  7#a7 ,in       
general ,a covered ,,dod employee who is
 or anticipates being absent from       
regularly scheduled duty because of a   
circumstance described in section       
#fchb7;a77#a7 7without regard to whether
 the covered ,,dod employee is entitled 
to leave under section #fchb7;a77#a77   
may submit an application to receive    
leave from the family and medical leave 
bank of the designated unit in which the
 covered ,,dod employee is employed1    
which shall contain such information as 
the ,secretary1 in consultation with the
 ,director of the ,office of ,personnel 
,management1 shall by regulation        
prescribe4  7#b7 ,determination ,a      
,family and ,medical ,leave ,bank ,board
 may-- 7,a7 approve an application      
submitted under paragraph 7#a72 and     
7,b7 specify the amount of leave that   
shall be transferred to a covered ,,dod 

employee whose application is approved4 
7#c7 ,maximum amount of leave  7,a7 ,in 
general ,a ,family and ,medical ,leave  
,bank ,board may not specify an amount  
of leave to be transferred to a covered 
,,dod employee that is more than the    
amount of leave described in            
subparagraph 7,b74  7,b7 ,amount ,the   
amount described in this subparagraph   
is-- 7i7 with respect to a full-time    
covered ,,dod employee1 #ab weeks2 and  
7ii7 with respect to a part-time covered
 ,,dod employee1 the amount equal to the
 product obtained by multiplying--  7,i7
 #ab weeks2 by  7,,ii7 the quotient     
obtained by dividing--  7aa7 the number 
of hours in the regularly scheduled     
workweek of the part-time covered ,,dod 
employee2 by  7bb7 the number of hours  
in the regularly scheduled workweek of a
 covered ,,dod employee serving in a    
comparable position on a full-time      
basis4  7#d7 ,transfer ,the ,secretary  
shall transfer to a covered ,,dod       
employee whose application is approved  

under paragraph 7#b77;,a7 the number of 
hours of leave specified under paragraph
 7#b77;,b7 from the family and medical  
leave bank for the designated unit in   
which the covered ,,dod employee is     
employed4  7f7 ,use of leave  7#a7      
,coordination with existing ,,fml ,a    
leave recipient who is entitled to leave
 under section #fchb7;a77#a7 shall use  
any leave transferred to the leave      
recipient from a family and medical     
leave bank in accordance with section   
#fchb7;d77#b74  7#b7 ,failure to use    
leave  7,a7 ,in general ,any leave      
transferred to a leave recipient from a 
family and medical leave bank that is   
not used before the end of the #ab-month
 period beginning on the date described 
in subparagraph 7,b7--  7i7 shall be    
forfeited by the leave recipient2 and   
7ii7 shall be credited to the family and
 medical leave bank from which the leave
 was transferred4  7,b7 ,start of period
 for use ,the date described in this    
subparagraph is the later of-- 7i7 the  

date on which the circumstance described
 in section #fchb7;a77#a7 arises2 or    
7ii7 the date on which leave is         
transferred to the covered ,,dod        
employee under subsection 7e77#d74  4   
7b7 ,use of family and medical leave    
,section #fchb7;d7 of title #e1 ,united 
,states ,code1 is amended--  7#a7 by    
inserting 7#a7 before ,an employee may  
elect the first place it appears2 and   
7#b7 by adding at the end the following3
  7#b7 7,a7 ,in this paragraph1 the term
 covered ,,dod employee has the meaning 
given that term in section #fchg4  7,b7 
,a covered ,,dod employee entitled to   
leave under subsection 7a77#a7 to whom  
leave is transferred from a family and  
medical leave bank under section #fchg--
  7i7 shall substitute for any leave    
without pay under subsection 7a77#a7 the
 amount of leave transferred to the     
employee from the family and medical    
leave bank2 and  7ii7 may substitute for
 any leave without pay under subsection 
7a77#a7 any annual or sick leave accrued

 or accumulated by such employee under  
subchapter ,i4  7,c7 ,a covered ,,dod   
employee to whom leave is transferred   
from a family and medical leave bank    
shall first use all of the transferred  
leave before using leave described in   
subparagraph 7,b77ii74  7,d7 ,the       
,director of the ,office of ,personnel  
,management shall prescribe any         
regulations necessary to carry out this 
paragraph4  4  7c7 ,,opm authority ,if  
the ,director of the ,office of         
,personnel ,management determines       
expanding the family and medical leave  
bank program ,governmentwide would be   
appropriate1 the ,director may prescribe
 regulations granting ,executive        
agencies 7as defined in section #aje of 
title #e1 ,united ,states ,code7 the    
authority to establish family and       
medical leave banks1 in the same manner 
as provided under the amendments made by
 subsections 7a7 and 7b71 to the maximum
 extent practicable4  7d7 ,technical and
 conforming amendment ,the table of     

sections for chapter #fc of title #e1   
,united ,states ,code1 is amended by    
striking the item relating to section   
#fchg and inserting the following3      
#fchg4 ,department of ,defense family   
and medical leave banks4#fchh4          
,regulations4  4