S.Amdt. 1706Senate116th Congress (2019-2021)
S.Amdt. 1706
Sponsored by
Sen. Tammy Duckworth (D-IL)
Submitted June 24, 2020
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Senate amendment submitted
June 24, 2020
Text
Submitted
SA 1706. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 4049, to authorize appropriations for fiscal year 2021 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, add the following: SEC. 603. BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES. (a) In General.--Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: ``Sec. 402b. Basic needs allowance for low-income members ``(a) Allowance Required.--The Secretary concerned shall pay to each member of the armed forces described in subsection (b), whether with or without dependents, a monthly basic needs allowance in the amount determined for such member under subsection (c). ``(b) Members Entitled to Allowance.-- ``(1) In general.--A member of the armed forces is entitled to receive the allowance described in subsection (a) for a year if-- ``(A) the gross household income of the member during the year preceding such year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year; and ``(B) the member does not elect under subsection (e) not to receive the allowance for such year. ``(2) Exclusion of bah from gross household income.--In determining the gross household income of a member for a year for purposes of paragraph (1)(B) there shall be excluded any basic allowance for housing (BAH) received by the member (and any dependents of the member in the member's household) during such year under section 403 of this title. ``(3) Household with more than one eligible member.--In the event a household contains two or more members entitled to receive the allowance under subsection (a) for a year, only one allowance shall be paid under that subsection for such year to such member among such members as such members shall jointly elect. ``(c) Amount of Allowance; Months Constituting Year of Payment.-- ``(1) Amount.--The amount of the monthly allowance payable to a member under subsection (a) for a year shall be-- ``(A) the aggregate amount equal to-- ``(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year; minus ``(ii) the gross household income of the member during the preceding year; and ``(B) divided by 12. ``(2) Months constituting year of payment.--The monthly allowance payable to a member for a year shall be payable for each of the 12 months following March of such year. ``(d) Notice of Eligibility.-- ``(1) Preliminary notice of eligibility.--Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each member of the armed forces whose aggregate amount of basic pay and compensation for service in the armed forces during such year is estimated to not exceed the amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year of the member's potential entitlement to the allowance described in subsection (a) for the following year. ``(2) Information to determine entitlement.--Not later than January 31 each year, each member seeking to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such member is entitled to receive the allowance for such year. ``(3) Notice of entitlement.--Not later than February 28 each year, the Director shall notify, in writing, each member determined by the Director to be entitled to receive the allowance for such year. ``(e) Election Not to Receive Allowance.-- ``(1) In general.--A member otherwise entitled to receive the allowance described in subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable. ``(2) Deemed election.--A member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year. ``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall specify the income to be included in, and excluded from, the gross household income of members for purposes of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: ``402b. Basic needs allowance for low-income members.''. ______