S.Amdt. 2888Senate112th Congress (2011-2013)

To provide for the payment of a benefit for the nonparticipation of eligible members in the Post-Deployment/Mobilization Respite Absence program due to Government error.

What it does: Adds SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT ERROR at the end of subtitle A of title VI
Sponsored by Herb KohlSen. Herb Kohl (D-WI)
Submitted November 13, 2012

What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT ERROR at the end of subtitle A of title VI

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    "(ii) For purposes of this subparagraph, a break in active service occurs when one or more calendar days between active service periods do not qualify as active service.".

    Inserted: SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

    Inserted: (a) Payment of Benefit.--

    Inserted: (1) In general.--Subject to subsection (e), the Secretary concerned shall, upon application therefor, make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph.

    Inserted: (2) Covered individuals.--An individual described in this paragraph is an individual who--

    Inserted: (A) was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but

    Inserted: (B) as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of title 10, United States Code, did not participate in one or more days in the program for which the individual was so eligible due to Government error.

    Inserted: (b) Deceased Individuals.--

    Inserted: (1) Applications.--If an individual otherwise covered by subsection (a) is deceased, the application required by that subsection shall be made by the individual's legal representative.

    Inserted: (2) Payment.--If an individual to whom payment would be made under subsection (a) is deceased at time of payment, payment shall be made in the manner specified in section 1552(c)(2) of title 10, United States Code.

    Inserted: (c) Payment in Lieu of Administrative Absence.--Payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day.

    Inserted: (d) Construction.--

    Inserted: (1) Construction with other pay.--Any payment with respect to an individual under subsection (a) is in addition to any other pay provided by law.

    Show 5 more inserted paragraphs

    Inserted: (2) Construction of authority.--It is the sense of Congress that--

    Inserted: (A) the sole purpose of the authority in this section is to remedy administrative errors; and

    Inserted: (B) the authority in this section is not intended to establish any entitlement in connection with the Post-Deployment/Mobilization Respite Absence program.

    Inserted: (e) Offset.--The Secretary of Defense shall transfer $2,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury.

    Inserted: (f) 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 subtitle A of title VI, insert the following:

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

As printed

SA 2888. Mr. KOHL (for himself and Mr. Boozman) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 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 A of title VI, insert the following:

SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

(a) Payment of Benefit.--

(1) In general.--Subject to subsection (e), the Secretary concerned shall, upon application therefor, make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph.

(2) Covered individuals.--An individual described in this paragraph is an individual who--

(A) was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but

(B) as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of title 10, United States Code, did not participate in one or more days in the program for which the individual was so eligible due to Government error.

(b) Deceased Individuals.--

(1) Applications.--If an individual otherwise covered by subsection (a) is deceased, the application required by that subsection shall be made by the individual's legal representative.

(2) Payment.--If an individual to whom payment would be made under subsection (a) is deceased at time of payment, payment shall be made in the manner specified in section 1552(c)(2) of title 10, United States Code.

(c) Payment in Lieu of Administrative Absence.--Payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day.

(d) Construction.--

(1) Construction with other pay.--Any payment with respect to an individual under subsection (a) is in addition to any other pay provided by law.

(2) Construction of authority.--It is the sense of Congress that--

(A) the sole purpose of the authority in this section is to remedy administrative errors; and

(B) the authority in this section is not intended to establish any entitlement in connection with the Post-Deployment/Mobilization Respite Absence program.

(e) Offset.--The Secretary of Defense shall transfer $2,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury.

(f) 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).

Legislative Activity

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4 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 2888 proposed by Senator Levin for Senator Kohl.(consideration: CR S7136-7138; text: CR S7137)

November 29, 2012

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Floor

Senate amendment proposed (on the floor): Amendment SA 2888 proposed by Senator Levin for Senator Kohl.(consideration: CR S7136-7138; text: CR S7137)

November 29, 2012

Floor

Senate amendment agreed to: Amendment SA 2888 agreed to in Senate by Unanimous Consent.

November 29, 2012

Floor

Amendment SA 2888 proposed by Senator Levin for Senator Kohl. (consideration: CR S7136-7138; text: CR S7137) To provide for the payment of a benefit for the nonparticipation of eligible members in the Post-Deployment/Mobilization Respite Absence program due to Government error.

November 29, 2012

Floor

Amendment SA 2888 agreed to in Senate by Unanimous Consent.

November 29, 2012

Floor

Senate amendment submitted

November 13, 2012