S.Amdt. 2899
What it does: Adds SEC. ___. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE wherever appropriate
Sen. Russell D. Feingold (D-WI)What it changes
1 change to H.R. 1585
Adds SEC. ___. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE wherever appropriate
Adds a sectionInserted: SEC. ___. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE.
Inserted: (a) Federal Employees Program.--
Inserted: (1) Definitions.--In this subsection:
Inserted: (A) Caregiver.--The term "caregiver" means an individual who--
Inserted: (i) is an employee;
Inserted: (ii) is at least 21 years of age; and
Inserted: (iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces.
Inserted: (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.
Inserted: (C) Employee.--The term "employee" has the meaning given under section 6331 of title 5, United States Code.
Inserted: (D) Family member.--The term "family member" includes--
Inserted: (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
Inserted: (ii) children under the age of 18 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves because of a mental or physical disability in the absence of the qualified member of the Armed Forces.
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Inserted: (E) Qualified member of the armed forces.--The term "qualified member of the Armed Forces" means--
Inserted: (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
Inserted: (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.
Inserted: (2) Establishment of program.--The Office of Personnel Management shall establish a program to authorize a caregiver to use under paragraph (4)--
Inserted: (A) any sick leave of that caregiver during a covered period of service; and
Inserted: (B) 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.
Inserted: (3) Designation of caregiver.--
Inserted: (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--
Inserted: (i) the employing agency; and
Inserted: (ii) the uniformed service of which the individual is a member.
Inserted: (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.
Inserted: (4) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
Inserted: (5) Coverage of federal employees not under the federal annual- and sick-leave system.--The program developed by the Office of Personnel Management under paragraph (2) shall also authorize employees of the executive branch who are not employees referred to in paragraph (1)(C) to use sick leave, or any other leave available to the employee, during a covered period of service for purposes relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
Inserted: (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, including a definition of activities that qualify as the giving of care.
Inserted: (7) Termination.--The program under this subsection shall terminate on December 31, 2009.
Inserted: (b) Voluntary Private Sector Leave Program.--
Inserted: (1) Definitions.--In this subsection:
Inserted: (A) Caregiver.--The term "caregiver" means an individual who--
Inserted: (i) is an employee;
Inserted: (ii) is at least 21 years of age; and
Inserted: (iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces.
Inserted: (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.
Inserted: (C) Employee.--The term "employee" means an employee of a business entity participating in the program under this subsection.
Inserted: (D) Family member.--The term "family member" includes--
Inserted: (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
Inserted: (ii) children under the age of 18 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves because of mental or physical disability in the absence of the qualified member of the Armed Forces.
Inserted: (E) Qualified member of the armed forces.--The term "qualified member of the Armed Forces" means--
Inserted: (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
Inserted: (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.
Inserted: (2) Establishment of program.--
Inserted: (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 for purposes relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
Inserted: (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.).
Inserted: (3) Voluntary business participation.--The Secretary of Labor shall solicit business entities to voluntarily participate in the program under this subsection.
Inserted: (4) Designation of caregiver.--
Inserted: (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--
Inserted: (i) the employing business entity; and
Inserted: (ii) the uniformed service of which the individual is a member.
Inserted: (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.
Inserted: (5) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
Inserted: (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.
Inserted: (7) Termination.--The program under this subsection shall terminate on December 31, 2009.
Inserted: (c) GAO Report.--Not later than March 31, 2009, the Government Accountability Office shall submit a report to Congress on the programs under subsections (a) and (b) that includes--
Inserted: (1) an evaluation of the success of each program; and
Inserted: (2) recommendations for the continuance or termination of each program.
Inserted: (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.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 2899. Mr. FEINGOLD (for himself, Mr. Casey, Mr. Kennedy, Ms. Mikulski, and Mr. Coleman) submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. 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 18 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves because of a mental or physical disability 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 use under paragraph (4)--
(A) any sick leave of that caregiver during a covered period of service; and
(B) 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.
(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--
(i) the employing agency; and
(ii) the uniformed service of which the individual is a member.
(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 employee's giving of care under the designation of the employee as a caregiver.
(5) Coverage of federal employees not under the federal annual- and sick-leave system.--The program developed by the Office of Personnel Management under paragraph (2) shall also authorize employees of the executive branch who are not employees referred to in paragraph (1)(C) to use sick leave, or any other leave available to the employee, during a covered period of service for purposes relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
(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, including a definition of activities that qualify as the giving of care.
(7) Termination.--The program under this subsection shall terminate on December 31, 2009.
(b) Voluntary Private Sector Leave 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 (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 18 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves because of mental or physical disability 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 for purposes relating to, or resulting from, the employee's giving of care under the designation of the employee as a caregiver.
(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--
(i) the employing business entity; and
(ii) the uniformed service of which the individual is a member.
(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 employee's giving of care under the designation of the 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, 2009.
(c) GAO Report.--Not later than March 31, 2009, 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.
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Senate amendment submitted
September 18, 2007