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(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 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 service
to—
(i) the employing business entity; and
(ii) the uniformed service of which the
individual is a member.
(B) DESIGNATION
OF
SPOUSE.—Notwith-
standing 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.
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(5) USE OF CAREGIVER LEAVE.—Leave may only
be used under this subsection for purposes directly re-
lating to, or resulting from, the giving of care by the
employee to a family member under the designation
of the employee as the caregiver for the family mem-
ber.
(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 sub-
section shall terminate on December 31, 2010.
(c) GAO REPORT.—Not later than March 31, 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 ter-
mination of each program.
SEC. 1094. PILOT PROGRAM ON COMMERCIAL FEE-FOR-
SERVICE AIR REFUELING SUPPORT FOR THE
AIR FORCE.
(a) PILOT PROGRAM REQUIRED.—The Secretary of
Air Force shall, commencing as soon as practicable after
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the date of the enactment of this Act, conduct a pilot pro-
gram to assess the feasability and advisability of utilizing
commercial fee-for-service air refueling tanker aircraft for
Air Force operations.
(b) PURPOSE.—
(1) IN GENERAL.—The purpose of the pilot pro-
gram required by subsection (a) is to support, aug-
ment, or enhance the air refueling mission of the Air
Force by utilizing commercial air refueling providers
on a fee-for-service basis.
(2) ELEMENTS.—In order to achieve the purpose
of the pilot program, the pilot program shall—
(A) demonstrate and validate a comprehen-
sive strategy for air refueling on a fee-for-service
basis by utilizing all appropriate aircraft in
mission areas including testing support, training
support to receivers, homeland defense support,
deployment 
support, 
air 
bridge 
support,
aeromedical evacuation, and emergency air re-
fueling; and
(B) integrate fee-for-service air refueling de-
scribed in paragraph (1) into Air Mobility Com-
mand operations.
(c) COMPETITIVE PROVIDERS.—The pilot program
shall include the services of not more than three commercial
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air refueling providers selected by the Secretary for the pilot
program utilizing competitive procedures.
(d) MINIMUM NUMBER OF AIRCRAFT.—Each provider
selected for the pilot program shall utilize no fewer than
two air refueling aircraft in participating in the pilot pro-
gram.
(e) AIRCRAFT UTILIZATION.—The pilot program shall
provide for a minimum of 1,200 flying hours per year per
air refueling aircraft participating in the pilot program.
(f) DURATION.—The period of the pilot program shall
be not less than five years after the commencement of the
pilot program.
(g) REPORT.—The Secretary of the Air Force shall
provide to the Congressional Defense Committees an annual
report on the fee-for-service air refueling program to in-
clude:
(1) missions flown;
(2) mission areas supported;
(3) aircraft number, type, model series sup-
ported;
(4) fuel dispensed;
(5) departure reliability rates; and
(6) any other data as appropriate for evaluating
performance of the commercial air refueling pro-
viders.