S.Amdt. 4499

SA 4499. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 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 part II of subtitle D of title VI, add the
following:

SEC. 647. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR
SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE
IN THE LINE OF DUTY DURING INACTIVE-DUTY
TRAINING.

(a) Treatment of Inactive-duty Training in Same Manner as
Active Duty.--
(1) In general.--Section 1451(c)(1)(A) of title 10, United
States Code, is amended--
(A) in clause (i)--

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(i) by inserting ``or 1448(f)'' after ``section 1448(d)'';
and
(ii) by inserting ``or (iii)'' after ``clause (ii)''; and
(B) in clause (iii)--
(i) by striking ``section 1448(f) of this title'' and
inserting ``section 1448(f)(1)(A) of this title by reason of
the death of a member or former member not in line of duty'';
and
(ii) by striking ``active''.
(2) Application of amendments.--No annuity benefit under
the Survivor Benefit Plan shall accrue to any person by
reason of the amendments made by paragraph (1) for any period
before the date of the enactment of this Act. With respect to
an annuity under the Survivor Benefit Plan for a death
occurring on or after September 10, 2001, and before the date
of the enactment of this Act, the Secretary concerned shall
recompute the benefit amount to reflect such amendments,
effective for months beginning after the date of the
enactment of this Act.
(b) Consistent Treatment of Dependent Children.--Section
1448(f) of such title is amended by adding at the end the
following new paragraph:
``(5) Dependent children annuity.--
``(A) Annuity when no eligible surviving spouse.--In the
case of a person described in paragraph (1), the Secretary
concerned shall pay an annuity under this subchapter to the
dependent children of that person under section 1450(a)(2) of
this title as applicable.
``(B) Optional annuity when there is an eligible surviving
spouse.--The Secretary may pay an annuity under this
subchapter to the dependent children of a person described in
paragraph (1) under section 1450(a)(3) of this title, if
applicable, instead of paying an annuity to the surviving
spouse under paragraph (1), if the Secretary concerned, in
consultation with the surviving spouse, determines it
appropriate to provide an annuity for the dependent children
under this paragraph instead of an annuity for the surviving
spouse under paragraph (1).''.
(c) Deemed Elections.--
(1) In general.--Section 1448(f) of title 10, United States
Code, as amended by subsection (b), is further amended by
adding at the end the following new paragraph:
``(6) Deemed election to provide an annuity for
dependent.--In the case of a person described in paragraph
(1) who dies after November 23, 2003, the Secretary concerned
may, if no other annuity is payable on behalf of that person
under this subchapter, pay an annuity to a natural person who
has an insurable interest in such person as if the annuity
were elected by the person under subsection (b)(1). The
Secretary concerned may pay such an annuity under this
paragraph only in the case of a person who is a dependent of
that deceased person (as defined in section 1072(2) of this
title). An annuity under this paragraph shall be computed in
the same manner as provided under subparagraph (B) of
subsection (d)(6) for an annuity under that subsection.''.
(2) Effective date.--No annuity payment under paragraph (6)
of section 1448(f) of title 10, United States Code, as added
by paragraph (1) of this subsection, may be made for any
period before the date of the enactment of this Act.
(d) Availability of Special Survivor Indemnity Allowance.--
(1) Availability.--Section 1450(m)(1)(B) of title 10,
United States Code, is amended by inserting ``or (f)'' after
``subsection (d)''.
(2) Effective date.--No payment under section 1450(m) of
title 10, United States Code, by reason of the amendment made
by paragraph (1) may be made for any period before the date
of the enactment of this Act.
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