S.Amdt. 2483Senate109th Congress (2005-2007)

To provide income replacement payments for certain Reserves experiencing extended and frequent mobilization for active duty service.

What it does: Adds SEC. __. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE at the end of subtitle A of title VI
Sponsored by Evan BayhSen. Evan Bayh (D-IN)
Submitted November 9, 2005

What it changes

1 change to S. 1042 · shown in the bill's text

Adds a section
  1. Adds SEC. __. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE at the end of subtitle A of title VI

    Adds a section

    In S. 1042 · Placed on Calendar Senate

    (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to acceptances of enlisted members of appointments as officers on or after that date.

    Inserted: SEC. __. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

    Inserted: (a) In General.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section:

    Inserted: "Sec. 910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and

    Inserted: frequent active duty service

    Inserted: "(a) Payment Required.--The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary. The payments shall be made on a monthly basis.

    Inserted: "(b) Eligibility.--Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member--

    Inserted: "(1) completes 180 continuous days of service on active duty under such an order;

    Inserted: "(2) completes 24 months on active duty during the previous 60 months under such an order; or

    Inserted: "(3) is involuntarily mobilized for service on active duty six months or less following the member's separation from the member's previous period of active duty.

    Inserted: "(c) Minimum and Maximum Payment Amounts.--(1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.

    Inserted: "(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.

    Inserted: "(d) Monthly Active-Duty Income Differential.--For purposes of this section, the monthly active-duty income differential of a member is the difference between--

    Show 11 more inserted paragraphs

    Inserted: "(1) the average monthly civilian income of the member; and

    Inserted: "(2) the member's total monthly military compensation.

    Inserted: "(e) Definitions.--In this section:

    Inserted: "(1) The term 'average monthly civilian income', with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member's mobilization or the 12 months covered by the member's most recent Federal income tax filing, divided by 12.

    Inserted: "(2) The term 'total monthly military compensation' means the amount, computed on a monthly basis, of the sum of--

    Inserted: "(A) the amount of the regular military compensation (RMC) of the member; and

    Inserted: "(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.".

    Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

    Inserted: "910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.".

    Inserted: (c) Effective Date.--Section 910 of title 37, United States Code, as added by subsection (a), shall apply for months after December 2005.

    Inserted: (d) Limitation on Fiscal Year 2006 Obligations.--During fiscal year 2006, obligations incurred under section 910 of title 37, United States Code, to provide income replacement payments to involuntarily mobilized members of a reserve component who are subject to extended and frequent active duty service may not exceed $60,000,000.

    Original wording

    At the end of subtitle A of title VI, add the following:

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

As printed

SA 2483. Mr. DURBIN (for Mr. Bayh (for himself, Mr. Durbin, and Ms. Landrieu)) proposed an amendment to the bill S. 1042, to authorize appropriations for fiscal year 2006 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 Forces, and for other purposes; as follows:

At the end of subtitle A of title VI, add the following:

SEC. __. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

(a) In General.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section:

“Sec. 910. Replacement of lost income: involuntarily

mobilized reserve component members subject to extended and

frequent active duty service

“(a) Payment Required.--The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary. The payments shall be made on a monthly basis.

“(b) Eligibility.--Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member--

“(1) completes 180 continuous days of service on active duty under such an order;

“(2) completes 24 months on active duty during the previous 60 months under such an order; or

“(3) is involuntarily mobilized for service on active duty six months or less following the member's separation from the member's previous period of active duty.

“(c) Minimum and Maximum Payment Amounts.--(1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.

“(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.

“(d) Monthly Active-Duty Income Differential.--For purposes of this section, the monthly active-duty income differential of a member is the difference between--

“(1) the average monthly civilian income of the member; and

“(2) the member's total monthly military compensation.

“(e) Definitions.--In this section:

“(1) The term ‘average monthly civilian income', with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member's mobilization or the 12 months covered by the member's most recent Federal income tax filing, divided by 12.

“(2) The term ‘total monthly military compensation' means the amount, computed on a monthly basis, of the sum of--

“(A) the amount of the regular military compensation (RMC) of the member; and

“(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.”.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.”.

(c) Effective Date.--Section 910 of title 37, United States Code, as added by subsection (a), shall apply for months after December 2005.

(d) Limitation on Fiscal Year 2006 Obligations.--During fiscal year 2006, obligations incurred under section 910 of title 37, United States Code, to provide income replacement payments to involuntarily mobilized members of a reserve component who are subject to extended and frequent active duty service may not exceed $60,000,000.

Legislative Activity

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Senate amendment submitted

November 9, 2005

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Floor

Senate amendment submitted

November 9, 2005

Floor

Senate amendment agreed to: Amendment SA 2483 agreed to in Senate by Voice Vote.

November 9, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 2483 proposed by Senator Durbin for Senator Bayh.

November 9, 2005

Floor

Amendment SA 2483 proposed by Senator Durbin for Senator Bayh. (consideration: CR S12579-12583; text: CR S12579) To provide income replacement payments for certain Reserves experiencing extended and frequent mobilization for active duty service.

November 9, 2005

Floor

Amendment SA 2483 agreed to in Senate by Voice Vote.

November 9, 2005