[Congressional Record Volume 151, Number 133 (Wednesday, October 19, 2005)]
[Senate]
[Pages S11561-S11564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself and Mr. Feingold):
  S. 1888. 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; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. JEFFORDS. Mr. President, today I am pleased to introduce the 
Military Family Support Act of 2005 with my colleague and friend from 
Wisconsin, Senator Russ Feingold. Our bill will help military families 
ease the stress caused by long-term absences due to deployments 
overseas.
  I was contacted a few months back by a group of Vermonters looking 
for a way to help their coworkers with family in the Vermont National 
Guard. When a member of the armed forces is activated and deployed, 
family structures and daily functioning are severely affected. The day-
to-day life of families is, in many cases, more than a one-person job. 
Any absence, especially absences of several months due to a deployment 
overseas, can be debilitating to family life. The stories of soldiers 
and their families from Enosburg Falls, VT, were told very poignantly 
in a piece reported by the Los Angeles Times. Enosburg and neighboring 
communities have contributed a disproportionately high number of 
National Guard troops to Operation Iraqi Freedom. Because of this, 
Enosburg's men and women have felt the pains of separation and long 
deployments more than most. Enosburg and surrounding towns and villages 
should be proud of the sacrifices made by their men and women in 
uniform and by those employers and family members who remained at home. 
Vermont is a place where neighbors help neighbors and I am proud of all 
the people throughout the state who have given so much support to Guard 
families.
  The Military Family Support Act of 2005 is a straightforward bill 
that proposes two pilot programs. The first pilot program, administered 
by the Office of Personnel Management, OPM, would authorize Federal 
employees, who have been designated by a member of the Armed Forces as 
``caregivers'', as defined by the Department of Defense, DOD, to use 
their leave in a more flexible manner. No new leave would be conferred 
to any employees. This bill simply makes leave already available more 
useful during stressful times for military families. The second pilot 
program would be established by the Department of Labor, DOL, to 
solicit businesses to voluntarily take part in a program to offer more 
accommodating leave to their employees. This bill does not include in 
its scope the Family Medical Leave Act, FMLA, and it does not require 
any private sector entity to participate. The goal of the Military 
Family Support Act is to make life a little easier for those who are 
already giving so much to our country and to their communities.
  I ask unanimous consent that a May 2, 2005, article from the Los 
Angeles Times be printed in the Record. I also ask unanimous consent 
that the text of the Military Family Support Act of 2005 be printed in 
Record.
  There being no objection, the materials were printed in the Record, 
as follows:

[[Page S11562]]

               [From the Los Angeles Times, May 2, 2005]

                         A Town Called to Duty

                         (By Elizabeth Mehren)


for a rural Vermont community, the conflict in Iraq hits home. With its 
    guardsmen deployed, locals band together to cover their absence

       For four years, Matt Tracy spent his days pumping gas and 
     repairing car engines at Mark LaRose's Texaco on Main Street. 
     At night, the 33-year-old father of two studied law. He 
     fended off frequent entreaties from military recruiters and 
     held fast to his dream of becoming a litigator.
       Then in December, LaRose was called up for active duty, 
     along with the entire National Guard unit in this remote, 
     rural town of 1,473. The deployment of 88 men in Company B, 
     1st Battalion, 172nd Armor Regiment, 42nd Infantry Division--
     better known as Bravo Company--has touched just about 
     everyone in the area.
       For Tracy, it meant his plans to exchange his wrench for an 
     attache case went on hold.
       ``Right now I am just going to be a well-educated 
     mechanic,'' he said, his voice devoid of any emotion beyond 
     simple resignation. ``There is a point where you just have to 
     accept it. What Mark has to do over there is much worse and 
     much more of a sacrifice than whatever I have to give up 
     here.''
       Two years into the war, many Americans have become numb to 
     the conflict in Iraq. Though the war is a nightly news event, 
     it is far away and is beyond any individual's control. But in 
     this small Vermont town, the war could not be more personal.
       Town meetings now take place without Selectman Brian 
     Westcom, who also is the road commissioner. Chris Beaudry, 
     who works for the state highway department, was not around to 
     clear the roads during an especially snowy winter. 
     Firefighter Shawn Blake is gone along with LaRose, the 
     service station owner who also is the volunteer fire chief.
       Dennis Sheridan will not be coaching soccer at the junior 
     high his son Tyler attends, and the school does not know who 
     will replace him. Jimmy Gleason, a school bus driver who also 
     maintained the fleet, is absent. The hunter safety class held 
     twice a year by Eric Chates--who also works as the mechanic 
     for the Enosburg Armory--has been canceled.
       Each day brings new evidence of the men's absence: Wives 
     attend social functions alone. Children send sports scores by 
     e-mail to fathers who never missed a game until now. Elderly 
     parents arrange rides to doctors' appointments because their 
     sons are not there to drive them.
       Businesses are stretched thin. Matt Tracy says his workload 
     at LaRose Texaco has tripled. Tammie Randall, hired strictly 
     to pump gas, keeps the books, handles the payroll and washes 
     the service vehicles.
       Five of the 98 employees at Blue Seal Feeds are gone. An 
     electric candle glows in their honor at the main entrance to 
     the grain and animal feed company, and five enormous yellow 
     ribbons hang from a six-story silo.
       ``Everyone is working extra hard, and we have gone to a 
     temp agency to try to fill the vacancies,'' said plant 
     manager Paul Adamczak. ``It affects us because we have lost 
     people with years of experience. You can't replace that. We 
     have lost skill, not just employees.''
       Adamczak's son, Mike, 33, was among the plant workers 
     deployed.
       Like the town, the father remains stoic. ``We're 
     Vermonters,'' Adamczak said. ``We're not the great vocal 
     communicators. This is something you think about, something 
     you feel every day--but something you don't say anything 
     about.''
       Quietly, neighbors pitch in to help the families of those 
     who have left. Donna Magnant, a first-grade teacher's aide 
     whose husband, Raymond, and son Jon were deployed, said the 
     snow on her driveway and walkway seemed to magically 
     disappear all winter, as friends dropped by to shovel and 
     plow.
       The Magnants were engaged to be married when Raymond went 
     to Vietnam with the Army almost 40 years ago, right out of 
     high school. Both have lived in Enosburg Falls their entire 
     lives.
       ``Neither one of us, I am sure, thought we would have to 
     face something like this again,'' said Magnant, 58.
       All 63 assigned members of Bravo Company are in Iraq. Of 
     the 25 support soldiers attached to the unit, most are 
     training at Camp Shelby, Miss., and will head to the Middle 
     East soon; a handful found they had medical conditions that 
     prevented them from serving overseas. The unit is scheduled 
     to be gone for 18 months. Though women have belonged to the 
     unit in the past, Bravo Company is all male at this time.
       Bravo Company joined about 1,400 other members of the 
     Vermont Guard who had been called up in recent months, nearly 
     half the state's roster--making Vermont second only to Hawaii 
     in the per capita call-up of guardsmen. The Hawaiian units, 
     however, include people from other states. The Vermont 
     guardsmen come from their home state.
       The average age of the men deployed from Bravo Company is 
     40, but some are old enough to have grandchildren. At least a 
     third have served in the Guard for 20 years or more.
       Answering the call of their country is something people in 
     Enosburg Falls do, not something they question. If there is 
     opposition to the war, people keep it to themselves, 
     deferring to the prevailing sentiment of patriotism.
       ``Most people around here would go if they were asked,'' 
     said Steve Tracy, who works at Blue Seal Feeds. ``Basically, 
     it is how we were brought up.''
       Tracy, 55--no relation to Matt Tracy--has five family 
     members in the Guard: two sons, a nephew, a son-in-law and a 
     brother-in-law.
       ``It has just become our community's price for the way we 
     live,'' said Adamczak, his boss. ``If you look at it any 
     other way, you are kidding yourself. Nobody is going to 
     protect our lifestyle if we don't do it. This is a necessary, 
     continuing commitment.''
       As teller Jeannie West cashes paychecks and processes 
     mortgage payments at Merchants Bank on Main Street, she 
     glances at a snapshot thumbtacked to her work station. It 
     shows four men in camouflage--all family members who have 
     been called up. The last to be summoned was her son Joshua, 
     22, who left college in nearby Burlington when he was sent to 
     Iraq in January.
       West, 49, considers it an honor when customers ask about 
     her son, and tell her they are proud that a boy from Enosburg 
     Falls is representing the United States in Iraq.
       ``I could not imagine living somewhere where people did not 
     feel like this,'' she said.
       Still, West said: ``The town seems sadder because everybody 
     talks about the guys who are gone. Everyone here went to 
     school with somebody in the Guard. Everybody knows someone. 
     Everyone is connected, somehow, to someone who is over 
     there.''
       As their fathers and grandfathers did, many young people 
     here enlist in the military straight out of high school. When 
     they return home, they often join the Guard--signing up for 
     extra income, and for an opportunity to continue to serve.
       Edward Grossman, principal of Enosburg Falls High School, 
     said support for the military effort was so strong that when 
     he surveyed his 375 students about starting an ROTC program, 
     half said they wanted one. The program will begin in the 
     fall.
       When Bravo Company was deployed from St. Albans in 
     December, the students pressed so hard to see the ceremony 
     that Grossman arranged for a live broadcast in the school 
     auditorium. As cameras panned on the unit, Grossman, 55, 
     heard squeals of recognition: ``There's my cousin!'' 
     ``There's my brother!'' ``There's my dad!''
       Enosburg Falls nestles in low hills in northwestern 
     Vermont, 10 miles from the Canadian border. Most of the town 
     was built in the 19th century, starting when the first dairy 
     farm was settled in 1806. In a quarter-mile commercial 
     district, Radio Shack and the Family Dollar store stand out 
     as franchises among locally owned enterprises like Leon's 
     Kitchen.
       There is almost 100% employment. Three-quarters of the 
     population graduates from high school, going on to earn an 
     average annual income of $32,000. They are laborers at the 
     feed company and a pulp mill. They drive trucks. They are 
     mechanics, cashiers and office workers. Many work on dairy 
     farms. Some have jobs at an IBM plant 45 minutes away.
       Enosburg Falls is surrounded by villages, bringing the 
     population of the region residents refer to as Enosburg to 
     about 2,500.
       The area's uncommon stability has helped it withstand the 
     loss of the guardsmen. But there are signs everywhere that 
     the men are not forgotten.
       Yellow ribbons cling to door knockers, lampposts and bay 
     windows. Nine houses on Duffy Hill, a 1\1/2\-mile road, are 
     draped with blue-star banners, indicating a soldier on active 
     duty. A nearby trailer boasts a sign: ``Gone to Iraq, Be Back 
     in 18 Months.''
       Jars filled with pennies, nickels and dimes sit on office 
     counters. The coins pay for postage to send goodie boxes to 
     the guardsmen. Cars and pickups sport magnets honoring Bravo 
     Company. A busy local restaurant, the Abbey, offers 50% 
     discounts to Guard families.
       Every other Saturday, Lise Gates, 50, turns her arcade and 
     bowling alley over to children of the guardsmen so their 
     mothers can have a break. Gates, who has no relatives in 
     Bravo Company, e-mails photographs of the kids at play to 
     their dads.
       They thank her and she wonders why.
       ``Why thank me, when they're the ones putting their lives 
     on the line so we can be safe?'' Gates said. ``I think a 
     majority of them wanted to go because they felt if they 
     didn't, a war was going to happen right here. A lot of us 
     here feel that way.''
       The elementary school started its own support group for 
     Guard children.

[[Page S11563]]

     An English teacher at Enosburg Falls High assigned her 
     students to write an essay comparing a recent graduate--who 
     has served twice in Iraq--to Beowulf, a great Scandinavian 
     warrior from the 6th century. The graduate, Ben Pathode, has 
     two brothers at the school.
       School secretary Debbie Shover's 22-year-old nephew is in 
     Iraq. Shover, 50, said that since the guardsmen shipped out 
     townspeople thought in terms of days, not months or years.
       Enosburg Falls, she said, has unofficially adopted a new 
     way of telling time. ``Now, today, another day we can mark 
     off. And then, when they come home. Nothing in between.''
       When a fire broke out on Main Street one cold night in 
     February, the guardsmen's absence seemed more glaring than 
     usual. The blaze demolished an entire block of eight 
     apartments and five businesses--among them, a furniture 
     company.
       Firefighters converged from as far as Quebec. But LaRose, 
     the volunteer fire captain, was missing. LaRose, 49, Bravo 
     Company's command sergeant major, is known for his ability to 
     take charge in an emergency. He joined the Guard almost 30 
     years ago.
       ``We put the fire out,'' said Town Administrator Harold 
     Foote. ``But we really missed him.''
       Foote, 49, said he was worried about what would happen when 
     the spring floods started. In the past, the Guard unit 
     stacked sandbags to halt onrushing waters. The June Dairy 
     Festival--the town's biggest event of the year--also concerns 
     him, because guardsmen traditionally manage the crowds and 
     traffic.
       ``It sounds like small things, but it really confuses a 
     community when you are used to relying on a group of guys 
     like this,'' Foote said. ``And we haven't gone through a 
     whole year's cycle yet.''
       LaRose's gas station, with its big red Texaco star sign, is 
     a local landmark--the only service station for miles where 
     customers can still get their gas pumped and their 
     windshields cleaned without getting out of their cars.
       ``Mark kept it like that, religiously,'' Matt Tracy said. 
     He has vowed to maintain his boss' high service standards: 
     ``It is our responsibility to keep it like that until he gets 
     back.''
       Tracy said he and his boss used to confer on minor problems 
     and emergencies alike. Now he has no one to turn to. ``Mark 
     was a leader,'' he said, ``not just with the National Guard 
     or the fire department. He was my leader too.''
       As he tries to make the right decisions, Tracy asks 
     himself: What would Mark do?
       Until now, Tracy said, he never realized how one man's 
     absence could make such a difference.

                                S. 1888

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Military Family Support Act 
     of 2005''.

     SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY 
                   MEMBERS OF INDIVIDUALS PERFORMING CERTAIN 
                   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 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (3) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--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 transportation); and
       (ii) children under the age of 19 years, elderly adults, 
     persons with disabilities, 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'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received 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.
       (2) Establishment of program.--The Office of Personnel 
     Management shall establish a program to authorize a caregiver 
     to--
       (A) use any sick leave of that caregiver during a covered 
     period of service in the same manner and to the same extent 
     as annual leave is used; and
       (B) use any leave available to that caregiver under 
     subchapter III or IV of 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.
       (3) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to the 
     employing agency and the Office of Personnel Management.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (4) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the designation of an employee as a 
     caregiver.
       (5) 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.
       (6) Termination.--The program under this subsection shall 
     terminate on December 31, 2007.
       (b) Voluntary Private Sector Leave Program.--
       (1) Definitions.--
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (4) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' means an employee of a 
     business entity participating in the program under this 
     subsection.
       (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 transportation); and
       (ii) children under the age of 19 years, elderly adults, 
     persons with disabilities, 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'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received 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.
       (2) Establishment of program.--
       (A) In general.--The Secretary of Labor shall establish a 
     program to authorize employees of business entities described 
     under paragraph (3) to use sick leave, or any other leave 
     available to an employee, during a covered period of service 
     in the same manner and to the same extent as annual leave (or 
     its equivalent) is used.
       (B) Exception.--Subparagraph (A) shall not apply to leave 
     made available under the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.).
       (3) Voluntary business participation.--The Secretary of 
     Labor shall solicit business entities to voluntarily 
     participate in the program under this subsection.
       (4) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to the 
     employing business entity.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (5) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the designation of an employee as a 
     caregiver.

[[Page S11564]]

       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     regulations to carry out this subsection.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2007.
       (c) GAO Report.--Not later than June 30, 2007, the 
     Government Accountability Office shall submit a report to 
     Congress on the programs under subsections (a) and (b) that 
     includes--
       (1) an evaluation of the success of each program; and
       (2) recommendations for the continuance or termination of 
     each program.

  Mr. FEINGOLD. Mr. President, today I am pleased to join with the 
Senator from Vermont, Mr. Jeffords, in introducing legislation that 
would bring a small measure of relief to the families of our men and 
women in uniform as they seek to maintain a sense of normalcy here at 
home while their loved ones are deployed in service to our country. Our 
ongoing large-scale deployments in Iraq continue to demand so much from 
our men and women in uniform and their families. Passing this measure 
is the least we can do.
  As part of the pre-deployment process, military personnel with 
dependent children or other dependent family members, such as elderly 
parents who require care, designate a caregiver for their dependents. 
This person will act in the deployed personnel's place to provide care 
for these family members during the period of deployment. The caregiver 
could be a spouse, parent, sibling, or other responsible adult who is 
capable of caring for, and willing to care for, the dependents in 
question.
  The bill that we are introducing today, the Military Family Support 
Act, would create two programs to provide additional leave options for 
persons who have been designated as caregivers. The first program would 
require the Office of Personnel Management, OPM, to create a program 
under which Federal employees who are designated as caregivers could 
use accrued annual or sick leave, leave bank benefits, and other leave 
available to them under Title 5 for purposes directly relating to or 
resulting from their designation as a caregiver.
  This bill would also require the Secretary of Labor to establish a 
voluntary program under which private sector companies would create 
similar programs for their employees and to solicit participation from 
private sector companies. I commend the many employers around the 
country for their understanding and support when an employee or a 
family member of an employee is called to active duty, and I hope that 
companies in Wisconsin and around the country will participate in this 
voluntary program.
  In addition, our bill would require the Government Accountability 
Office to report to Congress with an evaluation of both the OPM program 
and the voluntary Department of Labor program. It is my hope that this 
evaluation will demonstrate the utility of such a leave program for 
designated caregivers and that these pilot programs could then be 
expanded to the designated caregivers of additional deployed military 
personnel.
  This legislation builds on a measure that I introduced earlier this 
year, S. 798, the Military Families Leave Act. This bill would provide 
a similar benefit to military families by allowing eligible employees 
whose spouses, parents, sons, or daughters are military personnel who 
are serving on or called to active duty in support of a contingency 
operation to use their Family and Medical Leave Act, FMLA, benefits for 
issues directly relating to or resulting from that deployment. These 
instances could include preparation for deployment or additional 
responsibilities that family members take on as a result of a loved 
one's deployment, such as child care. I also introduced this bill 
during the 108th Congress.
  Let me be clear, that the legislation we are introducing today does 
not amend the FMLA in any way. In fact, FMLA benefits are specifically 
exempted from the types of leave that can be used by designated 
caregivers for purposes directly related to or resulting from their 
caregiver responsibilities. While I believe that the FMLA could serve 
as the basis for providing additional leave opportunities for 
designated caregivers, opposition in some quarters to the original FMLA 
makes this a difficult proposition. I am proud to have been a cosponsor 
of this landmark law, and I believe that the FMLA continues to provide 
much-needed assistance to millions of workers around the country as 
they seek to care for their own serious health condition or that of a 
family member or as they welcome the birth or adoption of a child. I 
will continue to support this law and efforts to ensure that the vital 
benefits that it provides are not eroded.
  I thank the Senator from Vermont, Mr. Jeffords, for his work on this 
important measure, and I urge all of our colleagues to support it.
                                 ______