What it changes

1 change to S. 1867 · shown in the bill's text

Adds a section
  1. Adds Subtitle D--Pay and Allowances SEC. 641. PAYMENT OF BENEFIT FOR DAYS OF PARTICIPATION IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM OMITTED FROM CALCULATION OF BENEFITS DUE TO GOVERNMENT ERROR at the end of title VI

    Adds a section

    In S. 1867 · Placed on Calendar Senate

    Section 635 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4241) is repealed.

    Inserted: Subtitle D--Pay and Allowances SEC. 641. PAYMENT OF BENEFIT FOR DAYS OF PARTICIPATION IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM OMITTED FROM CALCULATION OF BENEFITS DUE TO GOVERNMENT ERROR.

    Inserted: (a) Payment of Benefit.--Subject to subsection (b), the Secretary concerned shall make a payment of $200 to each individual who participates as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program for each day of such participation that is determined by the Secretary concerned not to have been properly included in the calculation of benefits to which the individual is entitled for such participation due to Government error.

    Inserted: (b) Payment in Lieu of Prior Award of Administrative Absence Upon Election.--

    Inserted: (1) In general.--In the case of an individual who was awarded one or more days of administrative absence in connection with participation in the Post-Deployment/ Mobilization Respite Absence program pursuant to a determination described in subsection (a) that was made before the date of the enactment of this Act, payment shall be made to the individual under subsection (a) only upon the election of the individual.

    Inserted: (2) Deceased individuals.--In the case of an individual covered by paragraph (1) who is deceased--

    Inserted: (A) the election provided for the individual under paragraph (1) shall, if not previously made by the individual, be made by the survivor of the individual specified for payment of a death gratuity under section 1477(c) of title 10, United States Code; and

    Inserted: (B) the payment required by subsection (a) shall, if not previously paid the individual, be paid to the survivor described in subparagraph (A).

    Inserted: (3) Scope of election.--An election under paragraph (1) with respect to an individual shall apply to all the days covered by the determination of the Secretary concerned described in that paragraph with respect to the individual. An election under paragraph (1) is irrevocable.

    Inserted: (4) Payment in lieu of administrative absence.--An individual receiving a payment under subsection (a) with respect to a day of participation in the Post-Deployment/ Mobilization Respite Absence program shall not be entitled to a day of administrative absence for such day of participation as otherwise described in paragraph (1).

    Inserted: (c) Construction With Other Pay.--Any payment with respect to an individual under this section is in addition to any other pay provided by law.

    Inserted: (d) Definitions.--In this section, the terms "Post-Deployment/Mobilization Respite Absence program" and "Secretary concerned" have the meaning given such terms in section 604(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).

    Original wording

    At the end of title VI, add the following:

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

As printed

SA 1404. Mr. KOHL submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 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 title VI, add the following:

Subtitle D--Pay and Allowances SEC. 641. PAYMENT OF BENEFIT FOR DAYS OF PARTICIPATION IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM OMITTED FROM CALCULATION OF BENEFITS DUE TO GOVERNMENT ERROR.

(a) Payment of Benefit.--Subject to subsection (b), the Secretary concerned shall make a payment of $200 to each individual who participates as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program for each day of such participation that is determined by the Secretary concerned not to have been properly included in the calculation of benefits to which the individual is entitled for such participation due to Government error.

(b) Payment in Lieu of Prior Award of Administrative Absence Upon Election.--

(1) In general.--In the case of an individual who was awarded one or more days of administrative absence in connection with participation in the Post-Deployment/ Mobilization Respite Absence program pursuant to a determination described in subsection (a) that was made before the date of the enactment of this Act, payment shall be made to the individual under subsection (a) only upon the election of the individual.

(2) Deceased individuals.--In the case of an individual covered by paragraph (1) who is deceased--

(A) the election provided for the individual under paragraph (1) shall, if not previously made by the individual, be made by the survivor of the individual specified for payment of a death gratuity under section 1477(c) of title 10, United States Code; and

(B) the payment required by subsection (a) shall, if not previously paid the individual, be paid to the survivor described in subparagraph (A).

(3) Scope of election.--An election under paragraph (1) with respect to an individual shall apply to all the days covered by the determination of the Secretary concerned described in that paragraph with respect to the individual. An election under paragraph (1) is irrevocable.

(4) Payment in lieu of administrative absence.--An individual receiving a payment under subsection (a) with respect to a day of participation in the Post-Deployment/ Mobilization Respite Absence program shall not be entitled to a day of administrative absence for such day of participation as otherwise described in paragraph (1).

(c) Construction With Other Pay.--Any payment with respect to an individual under this section is in addition to any other pay provided by law.

(d) Definitions.--In this section, the terms “Post-Deployment/Mobilization Respite Absence program” and “Secretary concerned” have the meaning given such terms in section 604(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).

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Senate amendment submitted

November 28, 2011