[Congressional Record Volume 153, Number 99 (Tuesday, June 19, 2007)]
[Senate]
[Pages S7890-S7892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself and Mr. Casey):
  S. 1649. 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. FEINGOLD. Mr. President, today I introduce legislation that 
should, and could, have been law 1 year ago, the Military Family 
Support Act. This bill provides modest but significant relief for the 
families of the brave American soldiers deployed overseas. I was 
disappointed that, after passing the Senate last year as an amendment 
to the fiscal year 2007 Defense Department authorization bill, this 
provision was removed in conference. I am pleased to be joined in this 
effort by Senator Casey.
  As part of the predeployment process, military personnel with 
dependent children or other dependent family members designate a 
caregiver for their dependents. Dependents may be children, elderly 
parents, an ill sibling; anyone who requires care. These caregivers act 
in the deployed personnel's place to provide care during the period of 
deployment. The caregiver could be a spouse, parent, sibling, or other 
responsible adult who is capable of caring, and willing to care, for 
the dependents in question.
  The bill that I am 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 bill 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.
  The second program would be administered by the Department of Labor 
for private sector employees. The Department would create a voluntary 
program, allowing private sector companies to create similar programs 
for their employees. Many companies across the country are already 
working with employees to provide support when an employee or a family 
member of an employee is called to active duty. I commend these 
companies for their compassion and understanding, and I hope that this 
program would expand such options to more workers.
  Lastly, this bill would require a report from the Government 
Accountability Office evaluating both the OPM and voluntary private 
sector program. If the report demonstrates that the program has helped 
military families, which I believe it will, Congress may act to expand 
the programs or make them permanent.
  I want to be clear that the legislation I am introducing today 
specifically exempts Family Medical Leave Act leave from the types of 
leave that can be used by designated caregivers under this legislation. 
Last Congress, I introduced legislation to expand the FMLA to cover 
leave for designated caregivers. That legislation, however, met with 
opposition from some Members who object to the FMLA itself. While I 
continue to believe that this opposition is misguided and that family 
members of deployed servicemembers should be able to take leave under 
the FMLA, I have drafted this compromise measure to address those 
concerns.
  This legislation has been endorsed by the National Military Family 
Association, the National Partnership for Women and Families, and the 
Military Officers Association of America.
  In small towns and big cities all over this country, family members 
of deployed servicemembers are struggling to care for their children 
without their spouses' help. In addition, many servicemembers care for 
elderly parents and this responsibility often falls to a sibling or 
spouse when that servicemember is deployed abroad. While we may not be 
able to promise the safe return of each one of these brave men and 
women, we can provide this modest relief to their families here at 
home. I urge my colleagues to support this legislation and I yield the 
floor.
  I ask unanimous consent that the text of the bill and letters of 
support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1649

       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 2007''.

     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.

[[Page S7891]]

       (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, 2012.
       (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.
       (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, 2012.
       (c) GAO Report.--Not later than June 30, 2010, 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.
       (d) 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.
                                  ____

                                          National Military Family


                                            Association, Inc.,

                                    Alexandria, VA, June 14, 2007.
     Hon. Russ Feingold,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feingold: The National Military Family 
     Association (NMFA) is the only national organization whose 
     sole focus is the military family and whose goal is to 
     influence the development and implementation of policies that 
     will improve the lives of the families of the Army, Navy, Air 
     Force, Marine Corps, Coast Guard, and the Commissioned Corps 
     of the Public Health Service and the National Oceanic and 
     Atmospheric Administration. For more than 35 years, its staff 
     and volunteers, comprised mostly of military family members, 
     have built a reputation for being the leading experts on 
     military family issues.
       On behalf of NMFA and the families it serves, we commend 
     you on your leadership in sponsoring the ``Military Family 
     Support Act of 2007''. Authorizing federal employees who have 
     been designated ``caregivers'' by the Armed Forces to use 
     their previously earned leave time in a more flexible manner 
     helps to alleviate some of the stress caregivers experience 
     during a deployment. NMFA also applauds the inclusion of a 
     provision that instructs the Department of Labor to solicit 
     private businesses to voluntarily offer more accommodating 
     leave time to employees affected by a service member's 
     deployment overseas.
       NMFA has heard from many families about the difficulty of 
     balancing family obligations with job requirements when a 
     close family member is deployed. Suddenly, they are single 
     parents or, in the case of grandparents, assuming the new 
     responsibility of caring for grandchildren. The days leading 
     up to a deployment can be filled with pre-deployment 
     briefings and putting legal affairs in order. Families also 
     need the opportunity to spend precious time together prior to 
     a long separation. The need is no less when the service 
     member returns. Reintegration and transition requires 
     training not only for the service member but for the family 
     as well in order to be most effective.
       Military families, especially those of deployed service 
     members, are called upon to make extraordinary sacrifices. 
     This amendment offers families some breathing room as they 
     adjust to this time of separation.
       Thank you for your support and interest in military 
     families. If NMFA can be of any assistance to you in other 
     areas concerning military families, please contact Jessica 
     Perdew in the Government Relations Department at 703-931-6632 
     or by e-mail at
     [email protected].
           Sincerely,
                                                Tanna K. Schmidli,
     Chairman, Board of Governors.
                                  ____

                                              National Partnership


                                         for Women & Families,

                                    Washington, DC, June 15, 2007.
     Senator Feingold
     Hart Office Building,
     Washington, DC.
       Dear Senator Feingold: We are writing to express our 
     support of the Military Family Support of 2007. This 
     important legislation would allow federal employees to take 
     job-protected leave to address family caregiving needs caused 
     by the deployment of a family member and would authorize a 
     similar voluntary project for the private sector to be 
     administered by the Department of Labor. We applaud your 
     leadership on this issue.
       The National Partnership for Women & Families is a non-
     profit, non-partisan advocacy organization dedicated to 
     promoting fairness in the workplace, access to quality

[[Page S7892]]

     health care and policies that help women and men meet the 
     demands of work and family. We are proud to have led the 
     coalition that helped enact the Family and Medical Leave Act 
     (FMLA), which has helped over 60 million workers take time 
     off from work to welcome a new child or deal with an acute 
     medical need.
       But there is more to be done to support America's families, 
     including the 40 percent of workers who today cannot access 
     the FMLA. This legislation will close a critical gap in the 
     FMLA by addressing the specific needs of families with active 
     military members, and could not come at a more critical time 
     in the lives of our military families. Its passage will give 
     them time to prepare, logistically and mentally, before or 
     during a loved one's departure for active duty--without fear 
     of losing a much needed job.
       We thank you for supporting our troops by helping to ensure 
     their families are cared for in times of need.
           Sincerely,
                                                    Debra L. Ness,
                                                        President.
                                 ______