S.Amdt. 1822

SA 1822. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe

[[Page S3874]]

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 C of title VI , add the following:

SEC. 622. POLICIES OF THE DEPARTMENT OF DEFENSE ON TRAVEL OF
NEXT OF KIN TO PARTICIPATE IN THE DIGNIFIED
TRANSFER OF REMAINS OF MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF DEFENSE WHO DIE OVERSEAS.

(a) Findings.--Congress makes the following findings:
(1) When deployed in combat and non-combat areas, members
of the Armed Forces and civilian employees of the Department
of Defense are at risk of illness, injury, and death.
(2) Invitational Travel Authorizations, more commonly known
as Invitational Travel Orders, for family members are
important to ensure that next of kin may travel to be at the
bedside of an ill or injured member of the Armed Forces
returning to the United States.
(3) When a casualty occurs overseas, Invitational Travel
Authorizations ensure that next of kin are able to witness
the dignified transfer of remains at Dover Port Mortuary,
Delaware.
(4) Department of Defense Instruction 1300.18 and the Joint
Federal Travel Regulations provide for Government funded
travel for next of kin to witness the dignified transfer of
remains at Dover Port Mortuary only when the casualty occurs
in a combat area, excluding deaths associated with other
operations or training, including humanitarian assistance and
disaster relief operations.
(5) The Department of Defense Instruction and the Joint
Federal Travel Regulations do not reflect the realities and
risks of modern day deployment and contingency operations,
and do not provide relief for the families of members of the
Armed Forces and civilian employees of the Department
involved in so-called ``phase zero operations''.
(b) Review of Policies.--
(1) In general.--The Secretary of Defense shall carry out a
review of the current policies of the Department of Defense
on the travel for next of kin to participate in the dignified
transfer of remains of members of the Armed Forces and
civilian employees of the Department who die overseas.
(2) Elements.--The review required by this subsection shall
include the following:
(A) An assessment of the changes to Department instructions
and Federal regulations necessary to provide Government
funded travel to the next of kin to participate in the
dignified transfer of remains of members of the Armed Forces
and civilian employees of the Department who die overseas,
regardless whether the death occurred in a combat area or a
non-combat area.
(B) An action plan and timeline for making the changes
described in subparagraph (A).
(c) Modification of Policies.--
(1) In general.--Except as provided in paragraph (2), not
later than February 1, 2016, the Secretary of Defense shall
take appropriate actions to modify the policies of the
Department in order to provide Government funded travel for
the next of kin to participate in the dignified transfer of
remains of members of the Armed Forces and civilian employees
of the Department of Defense who die overseas, regardless
whether the death occurs in a combat area or a non-combat
area.
(2) Exception.--The Secretary is not required to modify the
policies of the Department as described in paragraph (1) if,
by not later than March, 1, 2016, the Secretary certifies, in
writing, to the congressional defense committees that such
action is not in the best interest of the United States. The
certification shall include the following:
(A) An assessment and reevaluation by the Secretary of the
rational for excluding the next of kin from Government funded
travel if the death of a member of the Armed Forces or
civilian employee of the Department overseas occurs in a non-
combat area.
(B) Recommendations for alternative plans to ensure that
the next of kin of members of the Armed Forces and civilian
employees of the Department who die overseas in a non-combat
area may participate in the dignified transfer of the remains
of the deceased at Dover Port Mortuary, including through the
actions of appropriate non-governmental organizations.
______