S.Amdt. 5533
What it does: Adds SEC. 1068. ACCEPTANCE OF CHARITABLE GIFTS ON BEHALF OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES BY FIRST GENERAL OR FLAG OFFICER IN CHAIN OF COMMAND OF UNITS COMPRISED OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES at the end of subtitle F of title XWhat it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 1068. ACCEPTANCE OF CHARITABLE GIFTS ON BEHALF OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES BY FIRST GENERAL OR FLAG OFFICER IN CHAIN OF COMMAND OF UNITS COMPRISED OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES at the end of subtitle F of title X
Adds a sectionIn S. 3001 · Placed on Calendar Senate
(c) Senior Oversight Committee Defined.--In this section, the term "Senior Oversight Committee" means the Senior Oversight Committee jointly established by the Secretary of Defense and the Secretary of Veterans Affairs in May 2007. The Senior Oversight Committee was established to address concerns related to the treatment of wounded, ill, and injured members of the Armed Forces and veterans and serve as the single point of contact for oversight, strategy, and integration of proposed strategies for the efforts of the Department of Defense and the Department of Veterans Affairs to improve support throughout the recovery, rehabilitation, and reintegration of wounded, ill, or injured members of the Armed Forces.
Inserted: SEC. 1068. ACCEPTANCE OF CHARITABLE GIFTS ON BEHALF OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES BY FIRST GENERAL OR FLAG OFFICER IN CHAIN OF COMMAND OF UNITS COMPRISED OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES.
Inserted: (a) In General.--Section 2601(b) of title 10, United States Code, is amended--
Inserted: (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
Inserted: (2) by inserting after paragraph (1) the following new paragraph (2):
Inserted: "(2)(A) Under regulations prescribed by the Secretary of Defense, the first general or flag officer in the chain of command of a unit comprised exclusively of members of the armed forces described in paragraph (1)(A) (as determined without taking into account members of such unit performing command or administrative duties with respect to such unit or of a unit that includes such members) may accept, hold, administer, and spend gifts, devises, or bequests of personal property, money, or services for the benefit of the members of the armed forces described in paragraph (1)(A) after consultation with a judge advocate or attorney from the office of general counsel of the armed force concerned.
Inserted: "(B)(i) Except as provided in clause (ii), the amount of any gift, devise, or bequest accepted by the officer specified in subparagraph (A) may not exceed $50,000.
Inserted: "(ii) The amount a gift, devise, or bequest accepted by the officer specified in subparagraph (A) may exceed $50,000 under such circumstances, if any, as the Secretary of Defense may specify in the regulations prescribed under this paragraph.
Inserted: "(C) Nothing in subparagraph (A) or (B) shall be construed to require an officer specified in subparagraph (A) to accept or reject offers of gifts.
Inserted: "(D) Offers of gifts to units described in subparagraph (A), or to the members of such units as described in that subparagraph, may be processed in accordance with the other provisions of this section.".
Inserted: (b) Report on Utilization of Authorities.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the utilization of the authorities provided in paragraph (2) of section 2601(b) of title 10, United States Code (as amended by subsection (a)). The report shall include the following:
Inserted: (1) A description of the authorities in paragraph (2) of section 2601(b) of title 10, United States Code (as so amended), including a description of any limitations on such authorities under the regulations required by that paragraph.
Inserted: (2) A description of the gifts, devises, and bequests accepted under such authorities, and of the administration and use of any gifts, devises, and bequests so accepted.
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Inserted: (3) An assessment of the utility of such authorities in assisting commanders of units comprised of wounded and ill members of the Armed Forces in carrying out the mission of such units.
Original wording
At the end of subtitle F of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5533. Mr. BURR (for himself, Mrs. Clinton, Mr. Alexander, Mr. Inhofe, Mr. Wicker, and Mr. Isakson) 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 F of title X, add the following:
SEC. 1068. ACCEPTANCE OF CHARITABLE GIFTS ON BEHALF OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES BY FIRST GENERAL OR FLAG OFFICER IN CHAIN OF COMMAND OF UNITS COMPRISED OF WOUNDED AND ILL MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 2601(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
“(2)(A) Under regulations prescribed by the Secretary of Defense, the first general or flag officer in the chain of command of a unit comprised exclusively of members of the armed forces described in paragraph (1)(A) (as determined without taking into account members of such unit performing command or administrative duties with respect to such unit or of a unit that includes such members) may accept, hold, administer, and spend gifts, devises, or bequests of personal property, money, or services for the benefit of the members of the armed forces described in paragraph (1)(A) after consultation with a judge advocate or attorney from the office of general counsel of the armed force concerned.
“(B)(i) Except as provided in clause (ii), the amount of any gift, devise, or bequest accepted by the officer specified in subparagraph (A) may not exceed $50,000.
“(ii) The amount a gift, devise, or bequest accepted by the officer specified in subparagraph (A) may exceed $50,000 under such circumstances, if any, as the Secretary of Defense may specify in the regulations prescribed under this paragraph.
“(C) Nothing in subparagraph (A) or (B) shall be construed to require an officer specified in subparagraph (A) to accept or reject offers of gifts.
“(D) Offers of gifts to units described in subparagraph (A), or to the members of such units as described in that subparagraph, may be processed in accordance with the other provisions of this section.”.
(b) Report on Utilization of Authorities.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the utilization of the authorities provided in paragraph (2) of section 2601(b) of title 10, United States Code (as amended by subsection (a)). The report shall include the following:
(1) A description of the authorities in paragraph (2) of section 2601(b) of title 10, United States Code (as so amended), including a description of any limitations on such authorities under the regulations required by that paragraph.
(2) A description of the gifts, devises, and bequests accepted under such authorities, and of the administration and use of any gifts, devises, and bequests so accepted.
(3) An assessment of the utility of such authorities in assisting commanders of units comprised of wounded and ill members of the Armed Forces in carrying out the mission of such units.
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Senate amendment submitted
September 15, 2008