S.Amdt. 5283
What it does: Adds SEC. 652. ENHANCEMENT OF PAY, LEAVE, AND BENEFITS FOR MEMBERS OF THE ARMED FORCES FOR CERTAIN DEPLOYMENTS AND MOBILIZATIONS. at the end of subtitle E of title VIWhat it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 652. ENHANCEMENT OF PAY, LEAVE, AND BENEFITS FOR MEMBERS OF THE ARMED FORCES FOR CERTAIN DEPLOYMENTS AND MOBILIZATIONS. at the end of subtitle E of title VI
Adds a sectionIn S. 3001 · Placed on Calendar Senate
(3) has a service-connected disability rated 100 percent disabling (including a disability of 100 percent mental disability), as determined by the Secretary of Veterans Affairs or the Secretary of the military department concerned, and is not gainfully employed because of such disability.
Inserted: SEC. 652. ENHANCEMENT OF PAY, LEAVE, AND BENEFITS FOR MEMBERS OF THE ARMED FORCES FOR CERTAIN DEPLOYMENTS AND MOBILIZATIONS. .
Inserted: (a) Career Deployment Pay for Certain Service in Qualifying Areas or Under Qualifying Circumstances.--
Inserted: (1) In general.--Chapter 5 of title 37, United States Code, is amended by inserting after section 305b the following new section:
Inserted: "Sec. 305c. Special pay: career deployment pay for certain service in qualifying areas or under qualifying circumstances
Inserted: "(a) Special Pay Authorized.--The Secretary of a military department may pay special pay under this section to a member of the armed forces under the jurisdiction of the Secretary who serves a qualifying minimum period in a qualifying area or under qualifying circumstances in order to compensate such member for such time served in deployment to such area or under such circumstances.
Inserted: "(b) Qualifying Areas and Circumstances; Qualifying Minimum Periods of Service.--Each Secretary of a military department shall prescribe in regulations for purposes of this section the following:
Inserted: "(1) The areas or circumstances that shall constitute qualifying areas or qualifying circumstances of service for purposes of the payment of special pay under this section.
Inserted: "(2) For each area or circumstance specified under paragraph (1), the minimum period of service to be served by a member in such area or circumstance before the member may be treated as qualifying for the payment of special pay under this section.
Inserted: "(c) Treatment of Time of Recovery From Certain Wounds or Injuries.--(1) Subject to paragraph (2), any period spent by a member recovering from a wound, injury, or illness incurred in line of duty while serving in a qualifying area or qualifying circumstance for purposes of this section shall be treated as having been served by member in such area or circumstances for purposes of the payment of special pay under this section.
Inserted: "(2) A period spent by a member as described in paragraph (1) may be treated as provided in that paragraph only to the extent such period is also spent by the member's unit in service in the qualifying area or qualifying circumstances concerned.
Inserted: "(d) Monthly Rate.--The monthly rate of special pay payable under this section may not exceed $1,500.
Inserted: "(e) Payment.--Special pay payable to a member under this section shall be paid under a schedule established in accordance with such specifications as the Secretary of the military department concerned shall prescribe for purposes of this section.
Show 41 more inserted paragraphsShow less
Inserted: "(f) Regulations.--Any regulations prescribed under this section shall be subject to the approval of the Secretary of Defense.".
Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 305b the following new item:
Inserted: "305c. Special pay: career deployment pay for certain service in qualifying areas or under qualifying circumstances.".
Inserted: (b) Rest and Recuperation Absence for Members of the Armed Forces Serving in a Combat Zone.--
Inserted: (1) In general.--Section 705 of title 10, United States Code, is amended--
Inserted: (A) by redesignating subsection (c) as subsection (d); and
Inserted: (B) by inserting after subsection (b) the following new subsection (c):
Inserted: "(c)(1) Under regulations prescribed by the Secretary concerned, a member of the armed forces who serves at least six consecutive months in a combat zone (as determined in accordance with such regulations) during a tour of duty may be authorized a period of rest and recuperation absence for not more than 15 days with respect to such tour of duty.
Inserted: "(2) Except as provided in section 705a of this title, a period of rest and recuperation absence authorized a member under paragraph (1) is in addition to any other leave or absence to which the member may be entitled under law.".
Inserted: (2) Conforming amendment.--The heading of section 705 of such title is amended to read as follows:
Inserted: "Sec. 705. Rest and recuperation absence: qualified members extending duty at designated locations overseas; members serving extended tours of duty in a combat zone".
Inserted: (3) Clerical amendment.--The table of sections at the beginning of chapter 40 of such title is amended by striking the item relating to section 705 and inserting the following new item:
Inserted: "705. Rest and recuperation absence: qualified members extending duty at designated locations overseas; members serving extended tours of duty in a combat zone.".
Inserted: (c) Post-Deployment Administrative Absence for Members of the Reserve Components Following Duty Under Involuntary Mobilization.--
Inserted: (1) In general.--Chapter 40 of title 10, United States Code, is amended by inserting after section 705 the following new section:
Inserted: "Sec. 705a. Administrative absence: post-deployment absence for certain members of the reserve components of the armed forces following demobilization from involuntary mobilization
Inserted: "(a) Administrative Absence Authorized.--Under regulations prescribed by the Secretary concerned, a member of the armed forces described in subsection (b) may be authorized administrative absence for not more than seven days in connection with service on active duty in the armed forces described in that subsection.
Inserted: "(b) Covered Members.--A member described in this section is a member of a reserve component of the armed forces who--
Inserted: "(1) serves on active duty in the armed forces for at least 12 months pursuant to a call or order to active duty without the consent of the member; and
Inserted: "(2) either--
Inserted: "(A) is not authorized rest and recuperation absence in connection with such service on active duty under section 705(c) of this title; or
Inserted: "(B) does not utilize any rest and recuperation absence so authorized the member under such section.
Inserted: "(c) Use of Absence.--Any administrative absence authorized a member under subsection (a) in connection with service on active duty shall be utilized by the member before the member ceases such service on active duty.
Inserted: "(d) Construction With Other Leave or Absence.--Except as provided in section 705(c) of this title, a period of absence authorized a member under subsection (a) is in addition to any other leave or absence to which the member may be entitled under law.".
Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 705, as amended by subsection (b)(3) of this section, the following new item:
Inserted: "705a. Administrative absence: post-deployment absence for certain members of the reserve components of the armed forces following demobilization from involuntary mobilization.".
Inserted: (d) Benefits Under Post-Deployment/Mobilization Respite Absence Program for Certain Periods Before Implementation of Program.--
Inserted: (1) In general.--Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide any member or former member of the Armed Forces with the benefits specified in paragraph (2) if the member or former member would, on any day during the period beginning on January 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mobilization Respite Absence (PDMRA) program by the Secretary concerned, have qualified for a day of administrative absence under the Post-Deployment/Mobilization Respite Absence program had the program been in effect during such period.
Inserted: (2) Benefits.--The benefits specified in this paragraph are the following:
Inserted: (A) In the case of an individual who is a former member of the Armed Forces at the time of the provision of benefits under this subsection, payment of an amount not to exceed $200 for each day the individual would have qualified for a day of administrative absence as described in paragraph (1) during the period specified in that paragraph.
Inserted: (B) In the case of an individual who is a member of the Armed Forces at the time of the provision of benefits under this subsection, either one day of administrative absence or payment of an amount not to exceed $200, as selected by the Secretary concerned, for each day the individual would have qualified for a day of administrative absence as described in paragraph (1) during the period specified in that paragraph.
Inserted: (3) Limitation on applicability to former members.--A former member of the Armed Forces is eligible under this subsection for the benefits specified in paragraph (2)(A) only if the former member was discharged or released from the Armed Forces under honorable conditions or with a general discharge under honorable conditions.
Inserted: (4) Maximum number of days of benefits providable.--The number of days of benefits providable to a member or former member of the Armed Forces under this subsection may not exceed 40 days of benefits.
Inserted: (5) Form of payment.--The paid benefits providable under paragraph (2) may be paid in a lump sum or installments, at the election of the Secretary concerned.
Inserted: (6) Construction with other pay and leave.--The benefits provided a member or former member of the Armed Forces under this subsection are in addition to any other pay, absence, or leave provided by law.
Inserted: (7) Definitions.--In this subsection:
Inserted: (A) The term "Post-Deployment/Mobilization Respite Absence program" means the program of a military department to provide days of administrative absence not chargeable against available leave to certain deployed or mobilized members of the Armed Forces in order to assist such members in reintegrating into civilian life after deployment or mobilization.
Inserted: (B) The term "Secretary concerned" has the meaning given that term in section 101(5) of title 37, United States Code.
Inserted: (e) Repeal of High Deployment Allowance Authorities.--
Inserted: (1) Repeal.--Section 436 of title 37, United States Code, is repealed.
Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.
Original wording
At the end of subtitle E of title VI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5283. Mr. NELSON of Nebraska (for himself and Mr. Levin) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 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 end of subtitle E of title VI, add the following:
SEC. 652. ENHANCEMENT OF PAY, LEAVE, AND BENEFITS FOR MEMBERS OF THE ARMED FORCES FOR CERTAIN DEPLOYMENTS AND MOBILIZATIONS. .
(a) Career Deployment Pay for Certain Service in Qualifying Areas or Under Qualifying Circumstances.--
(1) In general.--Chapter 5 of title 37, United States Code, is amended by inserting after section 305b the following new section:
“Sec. 305c. Special pay: career deployment pay for certain
service in qualifying areas or under qualifying
circumstances
“(a) Special Pay Authorized.--The Secretary of a military department may pay special pay under this section to a member of the armed forces under the jurisdiction of the Secretary who serves a qualifying minimum period in a qualifying area or under qualifying circumstances in order to compensate such member for such time served in deployment to such area or under such circumstances.
“(b) Qualifying Areas and Circumstances; Qualifying Minimum Periods of Service.--Each Secretary of a military department shall prescribe in regulations for purposes of this section the following:
“(1) The areas or circumstances that shall constitute qualifying areas or qualifying circumstances of service for purposes of the payment of special pay under this section.
“(2) For each area or circumstance specified under paragraph (1), the minimum period of service to be served by a member in such area or circumstance before the member may be treated as qualifying for the payment of special pay under this section.
“(c) Treatment of Time of Recovery From Certain Wounds or Injuries.--(1) Subject to paragraph (2), any period spent by a member recovering from a wound, injury, or illness incurred in line of duty while serving in a qualifying area or qualifying circumstance for purposes of this section shall be treated as having been served by member in such area or circumstances for purposes of the payment of special pay under this section.
“(2) A period spent by a member as described in paragraph (1) may be treated as provided in that paragraph only to the extent such period is also spent by the member's unit in service in the qualifying area or qualifying circumstances concerned.
“(d) Monthly Rate.--The monthly rate of special pay payable under this section may not exceed $1,500.
“(e) Payment.--Special pay payable to a member under this section shall be paid under a schedule established in accordance with such specifications as the Secretary of the military department concerned shall prescribe for purposes of this section.
“(f) Regulations.--Any regulations prescribed under this section shall be subject to the approval of the Secretary of Defense.”.
(2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 305b the following new item:
“305c. Special pay: career deployment pay for certain service in qualifying areas or under qualifying circumstances.”.
(b) Rest and Recuperation Absence for Members of the Armed Forces Serving in a Combat Zone.--
(1) In general.--Section 705 of title 10, United States Code, is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new subsection (c):
“(c)(1) Under regulations prescribed by the Secretary concerned, a member of the armed forces who serves at least six consecutive months in a combat zone (as determined in accordance with such regulations) during a tour of duty may be authorized a period of rest and recuperation absence for not more than 15 days with respect to such tour of duty.
“(2) Except as provided in section 705a of this title, a period of rest and recuperation absence authorized a member under paragraph (1) is in addition to any other leave or absence to which the member may be entitled under law.”.
(2) Conforming amendment.--The heading of section 705 of such title is amended to read as follows:
“Sec. 705. Rest and recuperation absence: qualified members
extending duty at designated locations overseas; members
serving extended tours of duty in a combat zone”.
(3) Clerical amendment.--The table of sections at the beginning of chapter 40 of such title is amended by striking the item relating to section 705 and inserting the following new item:
“705. Rest and recuperation absence: qualified members extending duty at designated locations overseas; members serving extended tours of duty in a combat zone.”.
(c) Post-Deployment Administrative Absence for Members of the Reserve Components Following Duty Under Involuntary Mobilization.--
(1) In general.--Chapter 40 of title 10, United States Code, is amended by inserting after section 705 the following new section:
“Sec. 705a. Administrative absence: post-deployment absence
for certain members of the reserve components of the armed
forces following demobilization from involuntary
mobilization
“(a) Administrative Absence Authorized.--Under regulations prescribed by the Secretary concerned, a member of the armed forces described in subsection (b) may be authorized administrative absence for not more than seven days in connection with service on active duty in the armed forces described in that subsection.
“(b) Covered Members.--A member described in this section is a member of a reserve component of the armed forces who--
“(1) serves on active duty in the armed forces for at least 12 months pursuant to a call or order to active duty without the consent of the member; and
“(2) either--
“(A) is not authorized rest and recuperation absence in connection with such service on active duty under section 705(c) of this title; or
“(B) does not utilize any rest and recuperation absence so authorized the member under such section.
“(c) Use of Absence.--Any administrative absence authorized a member under subsection (a) in connection with service on active duty shall be utilized by the member before the member ceases such service on active duty.
“(d) Construction With Other Leave or Absence.--Except as provided in section 705(c) of this title, a period of absence authorized a member under subsection (a) is in addition to any other leave or absence to which the member may be entitled under law.”.
(2) Clerical amendment.--The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 705, as amended by subsection (b)(3) of this section, the following new item:
“705a. Administrative absence: post-deployment absence for certain members of the reserve components of the armed forces following demobilization from involuntary mobilization.”.
(d) Benefits Under Post-Deployment/Mobilization Respite Absence Program for Certain Periods Before Implementation of Program.--
(1) In general.--Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide any member or former member of the Armed Forces with the benefits specified in paragraph (2) if the member or former member would, on any day during the period beginning on January 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mobilization Respite Absence (PDMRA) program by the Secretary concerned, have qualified for a day of administrative absence under the Post-Deployment/Mobilization Respite Absence program had the program been in effect during such period.
(2) Benefits.--The benefits specified in this paragraph are the following:
(A) In the case of an individual who is a former member of the Armed Forces at the time of the provision of benefits under this subsection, payment of an amount not to exceed $200 for each day the individual would have qualified for a day of administrative absence as described in paragraph (1) during the period specified in that paragraph.
(B) In the case of an individual who is a member of the Armed Forces at the time of the provision of benefits under this subsection, either one day of administrative absence or payment of an amount not to exceed $200, as selected by the Secretary concerned, for each day the individual would have qualified for a day of administrative absence as described in paragraph (1) during the period specified in that paragraph.
(3) Limitation on applicability to former members.--A former member of the Armed Forces is eligible under this subsection for the benefits specified in paragraph (2)(A) only if the former member was discharged or released from the Armed Forces under honorable conditions or with a general discharge under honorable conditions.
(4) Maximum number of days of benefits providable.--The number of days of benefits providable to a member or former member of the Armed Forces under this subsection may not exceed 40 days of benefits.
(5) Form of payment.--The paid benefits providable under paragraph (2) may be paid in a lump sum or installments, at the election of the Secretary concerned.
(6) Construction with other pay and leave.--The benefits provided a member or former member of the Armed Forces under this subsection are in addition to any other pay, absence, or leave provided by law.
(7) Definitions.--In this subsection:
(A) The term “Post-Deployment/Mobilization Respite Absence program” means the program of a military department to provide days of administrative absence not chargeable against available leave to certain deployed or mobilized members of the Armed Forces in order to assist such members in reintegrating into civilian life after deployment or mobilization.
(B) The term “Secretary concerned” has the meaning given that term in section 101(5) of title 37, United States Code.
(e) Repeal of High Deployment Allowance Authorities.--
(1) Repeal.--Section 436 of title 37, United States Code, is repealed.
(2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
September 9, 2008