S.Amdt. 3371Senate108th Congress (2003-2005)

To provide for increased support of survivors of deceased members of the uniformed services.

What it does: Adds SEC. 642. DEATH BENEFITS ENHANCEMENT on page 130, between lines 9 and 10
Submitted June 7, 2004

What it changes

1 change to S. 2400

Adds a section
  1. Adds SEC. 642. DEATH BENEFITS ENHANCEMENT on page 130, between lines 9 and 10

    Adds a sectionPrinted page

    Inserted: SEC. 642. DEATH BENEFITS ENHANCEMENT.

    Inserted: (a) Final Actions on Fiscal Year 2004 Death Benefits Study.--(1) Congress finds that the study of the Federal death benefits for survivors of deceased members of the Armed Forces under section 647 of the National Defense Authorization Act for Fiscal Year 2004 has given Congress sufficient insight to initiate action to provide for the enhancement of the current set of death benefits that are provided under law for the survivors.

    Inserted: (2) The Secretary of Defense shall expedite the completion and submission of the final report, which was due on March 1, 2004, under section 647 of the National Defense Authorization Act for Fiscal Year 2004.

    Inserted: (3) It is the sense of Congress that the President should promptly submit to Congress any recommendation for legislation, together with a request for appropriations, that the President determines necessary to implement the death benefits enhancements that are recommended in the final report under section 647 of the National Defense Authorization Act for Fiscal Year 2004.

    Inserted: (b) Fiscal Year 2005 Actions.--At the same time that the President submits to Congress the budget for fiscal year 2006 under section 1105(a) of title 31, United States Code, the President, in consultation with the Secretary of Defense, shall submit to Congress a draft of legislation to provide enhanced death benefits for survivors of deceased members of the uniformed services. The draft legislation shall include provisions for the following:

    Inserted: (1) Revision of the Servicemembers' Group Life Insurance program to provide for--

    Inserted: (A) an increase of the maximum benefit provided under Servicemembers' Group Life Insurance to $350,000, together with an increase, each fiscal year, by the same overall average percentage increase that takes effect during such fiscal year in the rates of basic pay under section 204 of title 37, United States Code; and

    Inserted: (B) a minimum benefit of $100,000 at no cost to the insured members of the uniformed services who elect the maximum coverage, together with an increase in such minimum benefit each fiscal year by the same percentage increase as is described in subparagraph (A).

    Inserted: (2) An increase, each fiscal year, of the amount of the death gratuity provided under section 1478 of title 10, United States Code, by the same overall average percentage increase that takes effect during such fiscal year in the rates of basic pay under section 204 of title 37, United States Code.

    Inserted: (3) An additional set of death benefits for each member of the uniformed services who dies in the line of duty while on active duty that includes, at a minimum, an additional death gratuity in the amount that--

    Inserted: (A) in the case of a member not described in subparagraph (B), is equal to the sum of--

    Inserted: (i) the total amount of the basic pay to which the deceased member would have been entitled under section 204 of title 37, United States Code, if the member had not died and had continued to serve on active duty for an additional year; and

    Show 10 more inserted paragraphs

    Inserted: (ii) the total amount of all allowances and special pays that the member would have been entitled to receive under title 37, United States Code, over the one-year period beginning on the member's date of death if the member had not died and had continued to serve on active duty for an additional year with the unit to which the member was assigned or detailed on such date; and

    Inserted: (B) in the case of a member who dies as a result of an injury caused by or incurred while exposed to hostile action (including any hostile fire or explosion and any hostile action from a terrorist source), is equal to twice the amount calculated under subparagraph (A).

    Inserted: (4) Any other new death benefits or enhancement of existing death benefits that the President recommends.

    Inserted: (5) Retroactive applicability of the benefits referred to in paragraphs (1) through (4) so as to provide the benefits--

    Inserted: (A) for members of the uniformed services who die in line of duty on or after October 7, 2001, of a cause incurred or aggravated while deployed in support of Operation Enduring Freedom; and

    Inserted: (B) for members of the uniformed services who die in line of duty on or after March 19, 2003, of a cause incurred or aggravated while deployed in support of Operation Iraqi Freedom.

    Inserted: (c) Fiscal Year 2006 Budget Submission.--The budget for fiscal year 2006 that is submitted to Congress under section 1105(a) of title 31, United States Code, shall include the following:

    Inserted: (1) The amounts that would be necessary for funding the benefits covered by the draft legislation required to be submitted under subsection (b).

    Inserted: (2) The amounts that would be necessary for funding the organizational and administrative enhancements, including increased personnel, that are necessary to ensure efficient and effective administration and timely payment of the benefits provided for in the draft legislation.

    Inserted: (d) Early Submission of Proposal for Additional Death Benefits.--Congress urges the President to submit the draft of legislation for the additional set of death benefits under paragraph (3) of subsection (b) before the time for submission required under that subsection and as soon as is practicable after the date of the enactment of this Act.

    Original wording

    On page 130, between lines 9 and 10, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3371. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 130, between lines 9 and 10, insert the following:

SEC. 642. DEATH BENEFITS ENHANCEMENT.

(a) Final Actions on Fiscal Year 2004 Death Benefits Study.--(1) Congress finds that the study of the Federal death benefits for survivors of deceased members of the Armed Forces under section 647 of the National Defense Authorization Act for Fiscal Year 2004 has given Congress sufficient insight to initiate action to provide for the enhancement of the current set of death benefits that are provided under law for the survivors.

(2) The Secretary of Defense shall expedite the completion and submission of the final report, which was due on March 1, 2004, under section 647 of the National Defense Authorization Act for Fiscal Year 2004.

(3) It is the sense of Congress that the President should promptly submit to Congress any recommendation for legislation, together with a request for appropriations, that the President determines necessary to implement the death benefits enhancements that are recommended in the final report under section 647 of the National Defense Authorization Act for Fiscal Year 2004.

(b) Fiscal Year 2005 Actions.--At the same time that the President submits to Congress the budget for fiscal year 2006 under section 1105(a) of title 31, United States Code, the President, in consultation with the Secretary of Defense, shall submit to Congress a draft of legislation to provide enhanced death benefits for survivors of deceased members of the uniformed services. The draft legislation shall include provisions for the following:

(1) Revision of the Servicemembers' Group Life Insurance program to provide for--

(A) an increase of the maximum benefit provided under Servicemembers' Group Life Insurance to $350,000, together with an increase, each fiscal year, by the same overall average percentage increase that takes effect during such fiscal year in the rates of basic pay under section 204 of title 37, United States Code; and

(B) a minimum benefit of $100,000 at no cost to the insured members of the uniformed services who elect the maximum coverage, together with an increase in such minimum benefit each fiscal year by the same percentage increase as is described in subparagraph (A).

(2) An increase, each fiscal year, of the amount of the death gratuity provided under section 1478 of title 10, United States Code, by the same overall average percentage increase that takes effect during such fiscal year in the rates of basic pay under section 204 of title 37, United States Code.

(3) An additional set of death benefits for each member of the uniformed services who dies in the line of duty while on active duty that includes, at a minimum, an additional death gratuity in the amount that--

(A) in the case of a member not described in subparagraph (B), is equal to the sum of--

(i) the total amount of the basic pay to which the deceased member would have been entitled under section 204 of title 37, United States Code, if the member had not died and had continued to serve on active duty for an additional year; and

(ii) the total amount of all allowances and special pays that the member would have been entitled to receive under title 37, United States Code, over the one-year period beginning on the member's date of death if the member had not died and had continued to serve on active duty for an additional year with the unit to which the member was assigned or detailed on such date; and

(B) in the case of a member who dies as a result of an injury caused by or incurred while exposed to hostile action (including any hostile fire or explosion and any hostile action from a terrorist source), is equal to twice the amount calculated under subparagraph (A).

(4) Any other new death benefits or enhancement of existing death benefits that the President recommends.

(5) Retroactive applicability of the benefits referred to in paragraphs (1) through (4) so as to provide the benefits--

(A) for members of the uniformed services who die in line of duty on or after October 7, 2001, of a cause incurred or aggravated while deployed in support of Operation Enduring Freedom; and

(B) for members of the uniformed services who die in line of duty on or after March 19, 2003, of a cause incurred or aggravated while deployed in support of Operation Iraqi Freedom.

(c) Fiscal Year 2006 Budget Submission.--The budget for fiscal year 2006 that is submitted to Congress under section 1105(a) of title 31, United States Code, shall include the following:

(1) The amounts that would be necessary for funding the benefits covered by the draft legislation required to be submitted under subsection (b).

(2) The amounts that would be necessary for funding the organizational and administrative enhancements, including increased personnel, that are necessary to ensure efficient and effective administration and timely payment of the benefits provided for in the draft legislation.

(d) Early Submission of Proposal for Additional Death Benefits.--Congress urges the President to submit the draft of legislation for the additional set of death benefits under paragraph (3) of subsection (b) before the time for submission required under that subsection and as soon as is practicable after the date of the enactment of this Act.

Legislative Activity

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5 earlier actions
Floor Latest Action

Amendment SA 3371, previously agreed to, was modified by Unanimous Consent. (consideration: CR S7158-7160; text as modified: CR S7158-7159)

June 22, 2004

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Floor

Amendment SA 3371, previously agreed to, was modified by Unanimous Consent. (consideration: CR S7158-7160; text as modified: CR S7158-7159)

June 22, 2004

Floor

Senate amendment proposed (on the floor): Amendment SA 3371 proposed by Senator Sessions.(consideration: CR S6951-6954; text: CR S6951-6952)

June 17, 2004

Floor

Senate amendment agreed to: Amendment SA 3371 agreed to in Senate by Voice Vote.

June 17, 2004

Floor

Amendment SA 3371 proposed by Senator Sessions. (consideration: CR S6951-6954; text: CR S6951-6952) To provide for increased support of survivors of deceased members of the uniformed services.

June 17, 2004

Floor

Amendment SA 3371 agreed to in Senate by Voice Vote.

June 17, 2004

Floor

Senate amendment submitted

June 7, 2004