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AMENDMENTS SUBMITTED
(Senate - June 08, 2000)
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AMENDMENTS SUBMITTED
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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
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CONRAD AMENDMENT NO. 3215
(Ordered to lie on the table.)
Mr. DASCHLE (for Mr. Conrad) submitted an amendment to be proposed by
him to the bill (
S. 3215) to authorize appropriations for fiscal year
2001 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 378, between lines 19 and 20, insert the following:
SEC. 1027. STUDY AND REPORT ON USE OF EB-52 AIRCRAFT FOR
PROVIDING ELECTRONIC COUNTERMEASURES.
(a) Findings.--Congress makes the following findings:
(1) Experience in Operation Allied Force demonstrates that
the Armed Forces lack sufficient assets for meeting the
requirements of the Armed Forces for airborne electronic
countermeasures.
(2) The B-52H aircraft, because of its outstanding
reliability, range, payload capacity, and affordability, has
excellent potential to serve as a platform for electronic
countermeasures to supplement the other assets that the Armed
Forces have for providing electronic countermeasures.
(b) Study Required.--The Secretary of Defense shall study--
(1) the option of using B-52 aircraft not provided for in
the future-years defense program for fiscal year 2001 and
ensuing fiscal years for the performance of the mission of
jamming communications by means of electronic
countermeasures, including the issues involving necessary
modifications of the aircraft, costs, and operational
benefits; and
(2) the options for, and implications of, funding the
modification and use of B-52 aircraft for the performance of
that mission from funds available for Department of Defense-
wide use.
(c) Report.--(1) The Secretary shall submit to Congress a
report on the study. The report shall include the following:
(A) The Secretary's findings resulting from the study.
(B) A strategy for providing for the procurement and
conversion activities necessary for using B-52 aircraft for
the performance of the mission of jamming communications by
means of electronic countermeasures.
(2) The Secretary shall submit the report under paragraph
(1) at the same time that the President submits the budget
for fiscal year 2002 to Congress under section 1105(a) of
title 31, United States Code.
______
SNOWE (AND KENNEDY) AMENDMENT NO. 3216
Mr. WARNER (for Ms. Snowe (for herself and Mr. Kennedy)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 31, strike lines 16 through 18, and insert the
following:
of the CVN--69 nuclear aircraft carrier.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall include a clause that
states that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal
year 2001 is subject to the availability of appropriations
for that purpose for that later fiscal year.
______
WARNER AMENDMENT NO. 3217
Mr. WARNER proposed an amendment to the bill,
S. 2549, supra; as
follows:
On page 364, between the matter following line 13 and line
14, insert the following:
SEC. 1010. REPEAL OF CERTAIN PROVISIONS SHIFTING CERTAIN
OUTLAYS FROM ONE FISCAL YEAR TO ANOTHER.
Sections 305 and 306 of
H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) of Public Law 106-113
(113 Stat. 1501A-306), are repealed.
______
ROBB AMENDMENT NO. 3218
Mr. LEVIN (for Mr. Robb) proposed an amendment to the bill,
S. 2549,
supra; as follows:
On page ____, between lines ____ and ____, insert the
following:
SEC. . DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense
Travel System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development, testing, and
fielding of the system, including the performance
requirements, the evaluation criteria, the funding that has
been provided for the development, testing, and fielding of
the system, and the funding that is projected to be required
for completing the development, testing, and fielding of the
system.
(2) The schedule that has been followed for the testing of
the system, including the initial operational test and
evaluation and the final operational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the deployment
of the system and from the completed implementation of the
system, together with a discussion of how the savings are
estimated and the expected schedule for the realization of
the savings.
(4) An analysis of the costs and benefits of fielding the
front-end software for the system throughout all 18
geographical areas selected for the original fielding of the
system.
(c) Limitations.--(1) Not more than 25 percent of the
amount authorized to be appropriated under section 301(5) for
the Defense Travel System may be obligated or expended before
the date on which the Secretary submits the report required
under subsection (a).
(2) Funds appropriated for the Defense Travel System
pursuant to the authorization of appropriations referred to
in paragraph (1) may not be used for a purpose other than the
Defense Travel System unless the Secretary first submits to
Congress a written notification of the intended use and the
amount to be so used.
______
WARNER (AND ROBB) AMENDMENT NO. 3219
Mr. WARNER (for himself and Mr. Robb) proposed an amendment to the
bill,
S. 2549, supra; as follows:
On page 501, between lines 10 and 11, insert the following:
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1990 PROJECT.
(a) Increase.--Section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B
of Public Law 101-189), as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2197), is
amended in the item relating to Portsmouth Naval Hospital,
Virginia, by striking ``$351,354,000'' and inserting
``$359,854,000''.
(b) Conforming Amendment.--Section 2405(b)(2) of the
Military Construction Authorization Act for Fiscal Years 1990
and
[[Page
S4857]]
1991, as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1999, is amended by
striking ``$342,854,000'' and inserting ``$351,354,000''.
On page ____, between lines ____ and ____, insert the
following:
SEC. . DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense
Travel System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development, testing, and
fielding of the system, including the performance
requirements, the evaluation criteria, the funding that has
been provided for the development, testing, and fielding of
the system, and the funding that is projected to be required
for completing the development, testing, and fielding of the
system.
(2) The schedule that has been followed for the testing of
the system, including the initial operational test and
evaluation and the final operational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the deployment
of the system and from the completed implementation of the
system, together with a discussion of how the savings are
estimated and the expected schedule for the realization of
the savings.
(4) An analysis of the costs and benefits of fielding the
front-end software for the system throughout all 18
geographical areas selected for the original fielding of the
system.
(c) Limitations.--(1) Not more than 25 percent of the
amount authorized to be appropriated under section ____ for
the Defense Travel System may be obligated or expended before
the date on which the Secretary submits the report required
under subsection (a).
(2) Funds appropriated for the Defense Travel System
pursuant to the authorization of appropriations referred to
in paragraph (1) may not be used for a purpose other than the
Defense Travel System unless the Secretary first submits to
Congress a written notification of the intended use and the
amount to be so used.
______
WARNER AMENDMENTS NOS. 3220-3225
Mr. WARNER proposed six amendments to the bill,
S. 2549, supra; as
follows:
Amendment No. 3220
On page 94, between lines 6 and 7, insert the following:
(6) $7,975 for payment to the Texas Natural Resource
Conservation Commission of a cash fine for permit violations
assessed under the Solid Waste Disposal Act.
____
Amendment No. 3221
On page 88, strike line 11 and all that follows through
page 92, line 19.
____
Amendment No. 3222
On page 147, line 6, strike ``section 573(b)'' and insert
``section 573(c)''.
On page 303, strike line 10 and insert the following:
SEC. 901. REPEAL OF LIMITATION ON MAJOR
On page 358, beginning on line 11, strike ``Defense Finance
and Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 358, beginning on line 12, strike ``contract
administration service'' and insert ``contract administration
services system''.
On page 359, line 5, strike ``Defense Finance and
Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 359, beginning on line 6, strike ``contract
administration service'' and insert ``contract administration
services system''.
On page 359, beginning on line 9, strike ``Defense Finance
and Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 493, in the table following line 10, strike ``136
units'' in the purpose column in the item relating to
Mountain Home Air Force Base, Idaho, and insert ``119
units''.
____
Amendment No. 3223
On page 584, line 13, strike ``3101(c)'' and insert
``301(a)(1)(C)''.
____
Amendment No. 3224
On page 565, strike lines 9 through 13.
____
Amendment No. 3225
On page 554, line 25, strike ``$31,000,000.'' and insert
``$20,000,000.''.
On page 555, line 4, strike ``$15,000,000.'' and insert
``$26,000,000.''.
______
CLELAND (AND OTHERS) AMENDMENT NO. 3226
Mr. LEVIN (for Mr. Cleland (for himself, Mr. Levin, Mr. Robb, Mr.
Reed, Mr. Warner, Mr. McCain, Mr. Abraham, and Mr. Jeffords)) proposed
an amendment to the bill,
S. 2549, supra; as follows:
At the end of title VI, add the following new subtitle:
Subtitle F--Education Benefits
SEC. 671. SHORT TITLE.
This subtitle may be cited as the ``Helping Our
Professionals Educationally (HOPE) Act of 2000''.
SEC. 672. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
BY CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Authority To Transfer to Family Members.--(1)
Subchapter II of chapter 30 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces
``(a)(1) Subject to the provisions of this section, the
Secretary of each military department may, for the purpose of
enhancing recruiting and retention and at such Secretary's
sole discretion, permit an individual described in paragraph
(2) who is entitled to basic educational assistance under
this subchapter to elect to transfer such individual's
entitlement to such assistance, in whole or in part, to the
dependents specified in subsection (b).
``(2) An individual referred to in paragraph (1) is any
individual who is a member of the Armed Forces at the time of
the approval by the Secretary of the military department
concerned of the individual's request to transfer entitlement
to educational assistance under this section.
``(3) The Secretary of the military department concerned
may not approve an individual's request to transfer
entitlement to educational assistance under this section
until the individual has completed six years of service in
the Armed Forces.
``(4) Subject to the time limitation for use of entitlement
under section 3031 of this title, an individual approved to
transfer entitlement to educational assistance under this
section may transfer such entitlement at any time after the
approval of individual's request to transfer such entitlement
without regard to whether the individual is a member of the
Armed Forces when the transfer is executed.
``(b) An individual approved to transfer an entitlement to
basic educational assistance under this section may transfer
the individual's entitlement to such assistance as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c)(1) An individual transferring an entitlement to basic
educational assistance under this section shall--
``(A) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(B) specify the period for which the transfer shall be
effective for each dependent designated under subparagraph
(A).
``(2) The aggregate amount of the entitlement transferable
by an individual under this section may not exceed the
aggregate amount of the entitlement of such individual to
basic educational assistance under this subchapter.
``(3) An individual transferring an entitlement under this
section may modify or revoke the transfer at any time before
the use of the transferred entitlement begins. An individual
shall make the modification or revocation by submitting
written notice of the action to the Secretary of the military
department concerned.
``(d)(1) A dependent to whom entitlement to educational
assistance is transferred under this section may not commence
the use of the transferred entitlement until the completion
by the individual making the transfer of 10 years of service
in the Armed Forces.
``(2) The use of any entitlement transferred under this
section shall be charged against the entitlement of the
individual making the transfer at the rate of one month for
each month of transferred entitlement that is used.
``(3) Except as provided in under subsection (c)(1)(B) and
subject to paragraphs (4) and (5), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this subchapter in the
same manner and at the same rate as the individual from whom
the entitlement was transferred.
``(4) Notwithstanding section 3031 of this title, a child
to whom entitlement is transferred under this section may not
use any entitlement so transferred after attaining the age of
26 years.
``(5) The administrative provisions of this chapter
(including the provisions set forth in section 3034(a)(1) of
this title) shall apply to the use of entitlement transferred
under this section, except that the dependent to whom the
entitlement is transferred shall be treated as the eligible
veteran for purposes of such provisions.
``(e) In the event of an overpayment of basic educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the
individual making the transfer shall be jointly and severally
liable to the United States for the amount of the overpayment
for purposes of section 3685 of this title.
``(f) The Secretary of a military department may approve
transfers of entitlement to educational assistance under this
section in a fiscal year only to the extent that
appropriations for military personnel are available in the
fiscal year for purposes of making transfers of funds under
section 2006 of title 10 with respect to such transfers of
entitlement.
[[Page
S4858]]
``(g) The Secretary of Defense shall prescribe regulations
for purposes of this section. Such regulations shall specify
the manner and effect of an election to modify or revoke a
transfer of entitlement under subsection (c)(3) and shall
specify the manner of the applicability of the administrative
provisions referred to in subsection (d)(5) to a dependent to
whom entitlement is transferred under this section.
``(h)(1) Not later than January 31, 2002, and each year
thereafter, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the transfers of
entitlement under this section that were approved by such
Secretary during the preceding year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding year; or
``(B) if no transfers of entitlement under this section
were approved by such Secretary during that year, a
justification for such Secretary's decision not to approve
any such transfers of entitlement during that year.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3019 the following new item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces.''.
(b) Treatment under Department of Defense Education
Benefits Fund.--Section 2006(b)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(D) The present value of the future benefits payable from
the Fund as a result of transfers under section 3020 of title
38 of entitlement to basic educational assistance under
chapter 30 of title 38.''
(c) Plan for Implementation.--Not later than June 30, 2001,
the Secretary of Defense shall submit to Congress a report
describing the manner in which the Secretaries of the
military departments propose to exercise the authority
granted by section 3020 of title 38, United States Code, as
added by subsection (a).
SEC. 673. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED
FORCES IN MONTGOMERY GI BILL PROGRAM.
(a) Participation Authorized.--(1) Subchapter II of chapter
30 of title 38, United States Code, as amended by section
672(a) of this Act, is further amended by inserting after
section 3018C the following new section:
``Sec. 3018D. Opportunity to enroll: certain VEAP
participants; active duty personnel not previously enrolled
``(a)(1) Notwithstanding any other provision of law and
subject to the provisions of this section, the Secretary
concerned may, for the purpose of enhancing recruiting and
retention and at such Secretary's sole discretion, permit an
individual described in subsection (b) to elect under
subsection (c) to become entitled to basic educational
assistance under this chapter.
``(2) The Secretary concerned may permit an individual to
elect to become entitled to basic educational assistance
under this section only if sufficient funds are available in
accordance with this section for purposes of payments by the
Secretary of Defense into the Department of Defense Education
Benefits Fund under section 2006 of title 10 with respect to
such election.
``(3) An individual who makes an election to become
entitled to basic educational assistance under this section
shall be entitled to basic educational assistance under this
chapter.
``(b) An individual eligible to be permitted to make an
election under this section is an individual who--
``(1) either--
``(A)(i) is a participant on the date of the enactment of
this section in the educational benefits program provided by
chapter 32 of this title; or
``(ii) disenrolled from participation in that program
before that date; or
``(B) has made an election under section 3011(c)(1) or
3012(d)(1) of this title not to receive educational
assistance under this chapter and has not withdrawn that
election under section 3018(a) of this title as of that date;
``(2) is serving on active duty (excluding periods referred
to in section 3202(1)(C) of this title in the case of an
individual described in paragraph (1)(A)) on that date; and
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(c) An individual permitted to make an election under
this section to become entitled to basic educational
assistance under this chapter shall make an irrevocable
election to receive benefits under this section in lieu of
benefits under chapter 32 of this title or withdraw the
election made under section 3011(c)(1) or 3012(d)(1) of this
title, as the case may be, pursuant to procedures which the
Secretary of each military department shall provide in
accordance with regulations prescribed by the Secretary of
Defense for the purpose of carrying out this section or which
the Secretary of Transportation shall provide for such
purpose with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(d)(1) Except as provided in paragraphs (2) and (3), in
the case of an individual who makes an election under this
section to become entitled to basic educational assistance
under this chapter, the basic pay of the individual shall be
reduced (in a manner determined by the Secretary of Defense)
until the total amount by which such basic pay is reduced
is--
``(A) $1,200, in the case of an individual described in
subsection (b)(1)(A); or
``(B) $1,500, in the case of an individual described in
subsection (b)(1)(B).
``(2) In the case of an individual previously enrolled in
the educational benefits program provided by chapter 32 of
this title, the total amount of the reduction in basic pay
otherwise required by paragraph (1) shall be reduced by an
amount equal to so much of the unused contributions made by
the individual to the Post-Vietnam Era Veterans Education
Account under section 3222(a) of this title as do not exceed
$1,200.
``(3) An individual may at any time pay the Secretary
concerned an amount equal to the difference between the total
of the reductions otherwise required with respect to the
individual under this subsection and the total amount of the
reductions made with respect to the individual under this
subsection as of the time of the payment.
``(4) The Secretary concerned shall transfer to the
Secretary of Defense amounts retained with respect to
individuals under paragraph (1) and amounts, if any, paid by
individuals under paragraph (3).
``(e)(1) An individual who is enrolled in the educational
benefits program provided by chapter 32 of this title and who
makes the election described in subsection (c) shall be
disenrolled from the program as of the date of such election.
``(2) For each individual who is disenrolled from such
program, the Secretary shall transfer to Secretary of Defense
any amounts in the Post-Vietnam Era Veterans Education
Account that are attributable to the individual, including
amounts in the Account that are attributable to the
individual by reason of contributions made by the Secretary
of Defense under section 3222(c) of this title.
``(f) With respect to each individual electing under this
section to become entitled to basic educational assistance
under this chapter, the Secretary concerned shall transfer to
the Secretary of Defense, from appropriations for military
personnel that are available for transfer, an amount equal to
the difference between--
``(1) the amount required to be paid by the Secretary of
Defense into the Department of Defense Education Benefits
Fund with respect to such election; and
``(2) the aggregate amount transferred to the Secretary of
Defense with respect to the individual under subsections (d)
and (e).
``(g) The Secretary of Defense shall utilize amounts
transferred to such Secretary under this section for purposes
of payments into the Department of Defense Education Benefits
Fund with respect to the provision of benefits under this
chapter for individuals making elections under this section.
``(h)(1) The requirements of sections 3011(a)(3) and
3012(a)(3) of this title shall apply to an individual who
makes an election under this section, except that the
completion of service referred to in such section shall be
the completion of the period of active duty being served by
the individual on the date of the enactment of this section.
``(2) The procedures provided in regulations referred to in
subsection (c) shall provide for notice of the requirements
of subparagraphs (B), (C), and (D) of section 3011(a)(3) of
this title and of subparagraphs (B), (C), and (D) of section
3012(a)(3) of this title. Receipt of such notice shall be
acknowledged in writing.
``(i)(1) Not later than January 31, 2002, and each year
thereafter, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the members of the Armed Forces
under the jurisdiction of such Secretary who were permitted
to elect to become entitled to basic educational assistance
under this section during the preceding year.
``(2) Each report shall set forth--
``(A) the number of members who were permitted to elect to
become entitled to basic educational assistance under this
section during the preceding year;
``(B) the number of members so permitted who elected to
become entitled to basic educational assistance during that
year; and
``(C) if no members were so permitted during that year, a
justification for such Secretary's decision not to permit any
members to elect to become so entitled during that year.''.
(2) The table of sections at the beginning of chapter 30 of
that title, as amended by section 672(a) of this Act, is
further amended by inserting after the item relating to
section 3018C the following new item:
``3018D. Opportunity to enroll: certain VEAP participants; active duty
personnel not previously enrolled.''.
(b) Conforming Amendment.--Section 3015(f) of that title is
amended by striking ``or 3018C'' and inserting ``3018C, or
3018D''.
(c) Treatment under Department of Defense Education
Benefits Fund.--Section 2006(b)(2) of title 10, United States
Code, as amended by section 672(b) of this Act, is further
amended by adding at the end the following:
``(E) The present value of the future benefits payable from
the Fund as a result of elections under section 3018D of
title 38 of entitlement to basic educational assistance under
chapter 30 of title 38.''.
[[Page
S4859]]
(d) Plans for Implementation.--(1) Not later than June 30,
2001, the Secretary of Defense shall submit to Congress a
report describing the manner in which the Secretaries of the
military departments propose to exercise the authority
granted by section 3018A of title 38, United States Code, as
added by subsection (a).
(2) Not later than June 30, 2001, the Secretary of
Transportation shall submit to Congress a report describing
the manner in which that Secretary proposes to exercise the
authority granted by such section 3018A with respect to
members of the Coast Guard.
SEC. 674. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-
DUTY TRAINING AND EDUCATION.
(a) Authority To Pay All Charges.--Section 2007 of title
10, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Subject to subsection (b), the Secretary of a
military department may pay all or a portion of the charges
of an educational institution for the tuition or expenses of
a member of the armed forces enrolled in such educational
institution for education or training during the member's
off-duty periods.
``(b) In the case of a commissioned officer on active duty,
the Secretary of the military department concerned may not
pay charges under subsection (a) unless the officer agrees to
remain on active duty for a period of at least two years
after the completion of the training or education for which
the charges are paid.''; and
(2) in subsection (d)--
(A) by striking ``(within the limits set forth in
subsection (a))'' in the matter preceding paragraph (1); and
(B) in paragraph (3), by striking ``subsection (a)(3)'' and
inserting ``subsection (b)''.
(b) Use of Entitlement to Assistance under Montgomery GI
Bill for Payment of Charges.--(1) That section is further
amended by adding at the end the following new subsection:
``(e)(1) A member of the armed forces who is entitled to
basic educational assistance under chapter 30 of title 38 may
use such entitlement for purposes of paying any portion of
the charges described in subsection (a) or (c) that are not
paid for by the Secretary of the military department
concerned under such subsection.
``(2) The use of entitlement under paragraph (1) shall be
governed by the provisions of section 3014(b) of title 38.''.
(2) Section 3014 of title 38, United States Code, is
amended--
(A) by inserting ``(a)'' before ``The Secretary''; and
(B) by adding at the end the following new subsection:
``(b)(1) In the case of an individual entitled to basic
educational assistance who is pursuing education or training
described in subsection (a) or (c) of section 2007 of title
10, the Secretary shall, at the election of the individual,
pay the individual a basic educational assistance allowance
to meet all or a portion of the charges of the educational
institution for the education or training that are not paid
by the Secretary of the military department concerned under
such subsection.
``(2)(A) The amount of the basic educational assistance
allowance payable to an individual under this subsection for
a month shall be the amount of the basic educational
assistance allowance to which the individual would be
entitled for the month under section 3015 of this title
(without regard to subsection (g) of that section) were
payment made under that section instead of under this
subsection.
``(B) The maximum number of months for which an individual
may be paid a basic educational assistance allowance under
paragraph (1) is 36.''.
(3) Section 3015 of title 38, United States Code, is
amended--
(A) by striking ``subsection (g)'' each place it appears in
subsections (a) and (b);
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new
subsection (g):
``(g) In the case of an individual who has been paid a
basic educational assistance allowance under section 3014(b)
of this title, the rate of the basic educational assistance
allowance applicable to the individual under this section
shall be the rate otherwise applicable to the individual
under this section reduced by an amount equal to--
``(1) the aggregate amount of such allowances paid the
individual under such section 3014(b); divided by
``(2) 36.''.
SEC. 675. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF
SELECTED RESERVE OF ENTITLEMENT TO CERTAIN
EDUCATIONAL ASSISTANCE.
Section 16133(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5)(A) In the case of a person who continues to serve as
member of the Selected Reserve as of the end of the 10-year
period applicable to the person under subsection (a), as
extended, if at all, under paragraph (4), the period during
which the person may use the person's entitlement shall
expire at the end of the 5-year period beginning on the date
the person is separated from the Selected Reserve.
``(B) The provisions of paragraph (4) shall apply with
respect to any period of active duty of a person referred to
in subparagraph (A) during the 5-year period referred to in
that subparagraph.''.
______
KENNEDY (AND CLELAND) AMENDMENT NO. 3227
Mr. LEVIN (for Mr. Kennedy (for himself and Mr. Cleland)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 186, strike lines 1 through 9, and insert the
following:
(c) Effective Dates.--(1) The amendment made by subsection
(a) shall take effect on July 1, 2002.
(2) The amendments made by subsection (b)
______
McCAIN (AND OTHERS) AMENDMENT NO. 3228
Mr. WARNER (for Mr. McCain (for himself, Mr. Warner, and Mr. Levin))
proposed and amendment to the bill,
S. 2549, supra; as follows:
On page 236, between lines 6 and 7, insert the following:
SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR BENEFIT PLAN
BASIC ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR
OLDER.
It is the sense of Congress that there should be enacted
during the 106th Congress legislation that increases the
minimum basic annuities provided under the Survivor Benefit
Plan for surviving spouses of members of the uniformed
services who are 62 years of age or older.
SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVORS OF
ALL MEMBERS WHO DIE ON ACTIVE DUTY.
(a) Entitlement.--(1) Subsection (d)(1) of section 1448 of
title 10, United States Code, is amended to read as follows:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of--
``(A) a member who dies on active duty after--
``(i) becoming eligible to receive retired pay;
``(ii) qualifying for retired pay except that he has not
applied for or been granted that pay; or
``(iii) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he
has not completed 10 years of active commissioned service; or
``(B) a member not described in subparagraph (A) who dies
on active duty, except in the case of a member whose death,
as determined by the Secretary concerned--
``(i) is a direct result of the member's intentional
misconduct or willful neglect; or
``(ii) occurs during a period of unauthorized absence.''.
(2) The heading for subsection (d) of such section is
amended by striking ``retirement-eligible''.
(b) Amount of Annuity.--Section 1451(c)(1) of such title is
amended to read as follows:
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
annuity shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the person
receiving the annuity is under 62 years of age or is a
dependent child when the member or former member dies, the
monthly annuity shall be the amount equal to 55 percent of
the retired pay imputed to the member or former member. The
retired pay imputed to a member or former member is as
follows:
[[Page
S4860]]
``(i) Except in a case described in clause (ii), the
retired pay to which the member or former member would have
been entitled if the member or former member had been
entitled to that pay based upon his years of active service
when he died.
``(ii) In the case of a deceased member referred to in
subparagraph (A)(iii) or (B) of section 1448(d)(1) of this
title, the retired pay to which the member or former member
would have been entitled if the member had been entitled to
that pay based upon a retirement under section 1201 of this
title (if on active duty for more than 30 days when the
member died) or section 1204 of this title (if on active duty
for 30 days or less when the member died) for a disability
rated as total.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving the annuity
(other than a dependent child) is 62 years of age or older
when the member or former member dies, the monthly annuity
shall be the amount equal to 35 percent of the retired pay
imputed to the member or former member as described in clause
(i) or (ii) of the second sentence of subparagraph (A).
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2000, and
shall apply with respect to deaths occurring on or after that
date.
SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Insurable Dependents.--Section 1965 of title 38, United
States Code, is amended by adding at the end the following:
``(10) The term `insurable dependent', with respect to a
member, means the following:
``(A) The member's spouse.
``(B) A child of the member for so long as the child is
unmarried and the member is providing over 50 percent of the
support of the child.''.
(b) Insurance Coverage.--(1) Subsection (a) of section 1967
of title 38, United States Code, is amended to read as
follows:
``(a)(1) Subject to an election under paragraph (2), any
policy of insurance purchased by the Secretary under section
1966 of this title shall automatically insure the following
persons against death:
``(A) In the case of any member of a uniformed service on
active duty (other than active duty for training)--
``(i) the member; and
``(ii) each insurable dependent of the member.
``(B) Any member of a uniformed service on active duty for
training or inactive duty training scheduled in advance by
competent authority.
``(C) Any member of the Ready Reserve of a uniformed
service who meets the qualifications set forth in section
1965(5)(B) of this title.
``(2)(A) A member may elect in writing not to be insured
under this subchapter.
``(B) A member referred to in subparagraph (A) may also
make either or both of the following elections in writing:
``(i) An election not to insure a dependent spouse under
this subchapter.
``(ii) An election to insure none of the member's children
under this subchapter.
``(3)(A) Subject to an election under subparagraph (B), the
amount for which a person is insured under this subchapter is
as follows:
``(i) In the case of a member, $200,000.
``(ii) In the case of a member's spouse, the amount equal
to 50 percent of the amount for which the member is insured
under this subchapter.
``(iii) In the case of a member's child, $10,000.
``(B) A member may elect in writing to be insured or to
insure an insurable dependent in an amount less than the
amount provided under subparagraph (A). The amount of
insurance so elected shall, in the case of a member or
spouse, be evenly divisible by $10,000 and, in the case of a
child, be evenly divisible by $5,000.
``(4) No dependent of a member is insured under this
chapter unless the member is insured under this subchapter.
``(5) The insurance shall be effective with respect to a
member and the member's dependents on the first day of active
duty or active duty for training, or the beginning of a
period of inactive duty training scheduled in advance by
competent authority, or the first day a member of the Ready
Reserve meets the qualifications set forth in section
1965(5)(B) of this title, or the date certified by the
Secretary to the Secretary concerned as the date
Servicemembers' Group Life Insurance under this subchapter
for the class or group concerned takes effect, whichever is
the later date.''.
(2) Subsection (c) of such section is amended by striking
out the first sentence and inserting the following: ``If a
person eligible for insurance under this subchapter is not so
insured, or is insured for less than the maximum amount
provided for the person under subparagraph (A) of subsection
(a)(3), by reason of an election made by a member under
subparagraph (B) of that subsection, the person may
thereafter be insured under this subchapter in the maximum
amount or any lesser amount elected as provided in such
subparagraph (B) upon written application by the member,
proof of good health of each person to be so insured, and
compliance with such other terms and conditions as may be
prescribed by the Secretary.''.
(c) Termination of Coverage.--(1) Subsection (a) of section
1968 of such title is amended--
(A) in the matter preceding paragraph (1), by inserting
``and any insurance thereunder on any insurable dependent of
such a member,'' after `` any insurance thereunder on any
member of the uniformed services,'';
(B) by striking ``and'' at the end of paragraph (3);
(C) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(D) by adding at the end the following:
``(5) with respect to an insurable dependent of the
member--
``(A) upon election made in writing by the member to
terminate the coverage; or
``(B) on the earlier of--
``(i) the date of the member's death;
``(ii) the date of termination of the insurance on the
member's life under this subchapter;
``(iii) the date of the dependent's death; or
``(iv) the termination of the dependent's status as an
insurable dependent of the member.
(2) Subsection (b)(1)(A) of such section is amended by
inserting ``(to insure against death of the member only)''
after ``converted to Veterans' Group Life Insurance''.
(d) Premiums.--Section 1969 of such title is amended by
adding at the end the following:
``(g)(1) During any period in which any insurable dependent
of a member is insured under this subchapter, there shall be
deducted each month from the member's basic or other pay
until separation or release from active duty an amount
determined by the Secretary (which shall be the same for all
such members) as the premium allocable to the pay period for
providing that insurance coverage.
``(2)(A) The Secretary shall determine the premium amounts
to be charged for life insurance coverage for dependents of
members under this subchapter.
``(B) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(C) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate
may be adjusted for any such subsequent policy year on the
basis of the experience under the policy, as determined by
the Secretary in advance of that policy year.
``(h) Any overpayment of a premium for insurance coverage
for an insurable dependent of a member that is terminated
under section 1968(a)(5) of this title shall be refunded to
the member.''.
(e) Payments of Insurance Proceeds.--Section 1970 of such
title is amended by adding at the end the following:
``(h) Any amount of insurance in force on an insurable
dependent of a member under this subchapter on the date of
the dependent's death shall be paid, upon the establishment
of a valid claim therefor, to the member or, in the event of
the member's death before payment to the member can be made,
then to the person or persons entitled to receive payment of
the proceeds of insurance on the member' life under this
subchapter.''.
(f) Effective Date and Initial Implementation.--(1) This
section and the amendments made by this section shall take
effect on the first day of the first month that begins more
than 120 days after the date of the enactment of this Act,
except that paragraph (2) shall take effect on the date of
the enactment of this Act.
(2) The Secretary of Veterans Affairs, in consultation with
the Secretaries of the military departments, the Secretary of
Transportation, the Secretary of Commerce and the Secretary
of Health and Human Services, shall take such action as is
necessary to ensure that each member of the uniformed
services on active duty (other than active duty for training)
during the period between the date of the enactment of this
Act and the effective date determined under paragraph (1) is
furnished an explanation of the insurance benefits available
for dependents under the amendments made by this section and
is afforded an opportunity before such effective date to make
elections that are authorized under those amendments to be
made with respect to dependents.
______
McCAIN AMENDMENT NO. 3229
Mr. WARNER (for Mr. McCain (for himself and Mr. Warner)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 206, between lines 15 and 16, insert the following:
SEC. 610. RESTRUCTURING OF BASIC PAY TABLES FOR CERTAIN
ENLISTED MEMBERS.
(a) In General.--The table under the heading ``ENLISTED
MEMBERS'' in section 601(c) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 105-65;
113 Stat. 648) is amended by striking the amounts relating to
pay grades E-7, E-6, and E-5 and inserting the amounts for
the corresponding years of service specified in the following
table:
[[Page
S4861]]
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
E-7...................................................... 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60
E-6...................................................... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40
E-5...................................................... 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-7...................................................... 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90
E-6...................................................... 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80
E-5...................................................... 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-7...................................................... 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40
E-6...................................................... 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00
E-5...................................................... 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60
----------------------------------------------------------------------------------------------------------------
(b) Application of Amendments.--The amendments made by
subsection (a) shall take effect as of October 1, 2000, and
shall apply with respect to months beginning on or after that
date.
______
GRAMS (AND OTHERS) AMENDMENT NO. 3230
Mr. WARNER (for Mr. Grams (for himself, Mr. McCain, Mr. Sessions, Mr.
Allard, Mr. Ashcroft, and Mr. Levin)) proposed an amendment to the
bill,
S. 2549, supra; as follows:
On page 239, after line 22, add the following:
Subtitle F--Additional Benefits For Reserves and Their Dependents
SEC. 671. SENSE OF CONGRESS.
It is the sense of Congress that it is in the national
interest for the President to provide the funds for the
reserve components of the Armed Forces (including the
National Guard and Reserves) that are sufficient to ensure
that the reserve components meet the requirements specified
for the reserve components in the National Military Strategy,
including training requirements.
SEC. 672. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations
INCONUS and OCONUS.--(1) Subsection (a) of section 18505 of
title 10, United States Code, is amended to read as follows:
``(a) A member of a reserve component traveling to a place
of annual training duty or inactive-duty training (including
a place other than the member's unit training assembly if the
member is performing annual training duty or inactive-duty
training in another location) may travel in a space-required
status on aircraft of the armed forces between the member's
home and the place of such duty or training.''.
(2) The heading of such section is amended to read as
follows:
``Sec. 18505. Reserves traveling to annual training duty or
inactive-duty training: authority for space-required
travel''.
(b) Space-Available Travel for Members of Selected Reserve,
Gray Area Retirees, and Dependents.--Chapter 1805 of such
title is amended by adding at the end the following new
section:
``Sec. 18506. Space-available travel: Selected Reserve
members and reserve retirees under age 60; dependents
``(a) Eligibility for Space-Available Travel.--The
Secretary of Defense shall prescribe regulations to allow
persons described in subsection (b) to receive transportation
on aircraft of the Department of Defense on a space-available
basis under the same terms and conditions (including terms
and conditions applicable to travel outside the United
States) as apply to members of the armed forces entitled to
retired pay.
``(b) Persons Eligible.--Subsection (a) applies to the
following persons:
``(1) A person who is a member of the Selected Reserve in
good standing (as determined by the Secretary concerned) or
who is a participating member of the Individual Ready Reserve
of the Navy or Coast Guard in good standing (as determined by
the Secretary concerned).
``(c) Dependents.--A dependent of a person described in
subsection (b) shall be provided transportation under this
section on the same basis as dependents of members of the
armed forces entitled to retired pay.
``(d) Limitation on Required Identification.--Neither the
`Authentication of Reserve Status for Travel Eligibility'
form (DD Form 1853), nor or any other form, other than the
presentation of military identification and duty orders upon
request, or other methods of identification required of
active duty personnel, shall be required of reserve component
personnel using space-available transportation within or
outside the continental United States under this section.''.
(c) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 18505 and inserting the following new
items:
``18505. Reserves traveling to annual training duty or inactive-duty
training: authority for space-required travel.
``18506. Space-available travel: Selected Reserve members and reserve
retirees under age 60; dependents.''.
(d) Implementing Regulations.--Regulations under section
18506 of title 10, United States Code, as added by subsection
(b), shall be prescribed not later than 180 days after the
date of the enactment of this Act.
SEC. 673. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING
FOR INACTIVE DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United
States Code, is amended by inserting after section 12603 the
following new section:
``Sec. 12604. Billeting in Department of Defense facilities:
Reserves attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty
Members Traveling Under Orders.--The Secretary of Defense
shall prescribe regulations authorizing a Reserve traveling
to inactive-duty training at a location more than 50 miles
from that Reserve's residence to be eligible for billeting in
Department of Defense facilities on the same basis and to the
same extent as a member of the armed forces on active duty
who is traveling under orders away from the member's
permanent duty station.
``(b) Proof of Reason for Travel.--The Secretary shall
include in the regulations the means for confirming a
Reserve's eligibility for billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
12603 the following new item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.
(b) Effective Date.--Section 12604 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to periods of inactive-duty training beginning more
than 180 days after the date of the enactment of this Act.
SEC. 674. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT
POINTS THAT MAY BE CREDITED IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is
amended by striking ``but not more than'' and all that
follows and inserting ``but not more than--
``(A) 60 days in any one year of service before the year of
service that includes September 23, 1996;
``(B) 75 days in the year of service that includes
September 23, 1996, and in any subsequent year of service
before the year of service that includes the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2001; and
``(C) 90 days in the year of service that includes the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2001 and in any subsequent year of
service.''.
SEC. 675. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO
RESERVE COMPONENT MEMBERS FOLLOWING RELEASE
FROM ACTIVE DUTY.
(a) Legal Services.--Section 1044(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Members of reserve components of the armed forces not
covered by paragraph (1) or (2) following release from active
duty under a call or order to active duty for more than 30
days issued under a mobilization authority (as determined by
the Secretary of Defense), but only during the period that
begins on the date of the release and is equal to at least
twice the length of the period served on active duty under
such call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as
redesignated by subsection (a)(1), is amended by striking
``and (3)'' and inserting ``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later
than 180 days after the date of the enactment of this Act.
[[Page
S4862]]
______
BINGAMAN (AND OTHERS) AMENDMENT NO. 3231
Mr. LEVIN (for Mr. Bingaman (for himself, Mr. Warner, Mr. Biden, and
Mr. Inouye) proposed an amendment to the bill,
S. 2549, supra; as
follows:
At the end of title X, insert the following:
SEC. 10____. CONGRESSIONAL MEDALS FOR NAVAJO CODE TALKERS.
(a) Findings.--Congress finds that--
(1) on December 7, 1941, the Japanese Empire attacked Pearl
Harbor and war was declared by Congress on the following day;
(2) the military code developed by the United States for
transmitting messages had been deciphered by the Japanese,
and a search was made by United States Intelligence to
develop new means to counter the enemy;
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - June 08, 2000)
Text of this article available as:
TXT
PDF
[Pages
S4856-S4907]
AMENDMENTS SUBMITTED
______
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
______
CONRAD AMENDMENT NO. 3215
(Ordered to lie on the table.)
Mr. DASCHLE (for Mr. Conrad) submitted an amendment to be proposed by
him to the bill (
S. 3215) to authorize appropriations for fiscal year
2001 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 378, between lines 19 and 20, insert the following:
SEC. 1027. STUDY AND REPORT ON USE OF EB-52 AIRCRAFT FOR
PROVIDING ELECTRONIC COUNTERMEASURES.
(a) Findings.--Congress makes the following findings:
(1) Experience in Operation Allied Force demonstrates that
the Armed Forces lack sufficient assets for meeting the
requirements of the Armed Forces for airborne electronic
countermeasures.
(2) The B-52H aircraft, because of its outstanding
reliability, range, payload capacity, and affordability, has
excellent potential to serve as a platform for electronic
countermeasures to supplement the other assets that the Armed
Forces have for providing electronic countermeasures.
(b) Study Required.--The Secretary of Defense shall study--
(1) the option of using B-52 aircraft not provided for in
the future-years defense program for fiscal year 2001 and
ensuing fiscal years for the performance of the mission of
jamming communications by means of electronic
countermeasures, including the issues involving necessary
modifications of the aircraft, costs, and operational
benefits; and
(2) the options for, and implications of, funding the
modification and use of B-52 aircraft for the performance of
that mission from funds available for Department of Defense-
wide use.
(c) Report.--(1) The Secretary shall submit to Congress a
report on the study. The report shall include the following:
(A) The Secretary's findings resulting from the study.
(B) A strategy for providing for the procurement and
conversion activities necessary for using B-52 aircraft for
the performance of the mission of jamming communications by
means of electronic countermeasures.
(2) The Secretary shall submit the report under paragraph
(1) at the same time that the President submits the budget
for fiscal year 2002 to Congress under section 1105(a) of
title 31, United States Code.
______
SNOWE (AND KENNEDY) AMENDMENT NO. 3216
Mr. WARNER (for Ms. Snowe (for herself and Mr. Kennedy)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 31, strike lines 16 through 18, and insert the
following:
of the CVN--69 nuclear aircraft carrier.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall include a clause that
states that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal
year 2001 is subject to the availability of appropriations
for that purpose for that later fiscal year.
______
WARNER AMENDMENT NO. 3217
Mr. WARNER proposed an amendment to the bill,
S. 2549, supra; as
follows:
On page 364, between the matter following line 13 and line
14, insert the following:
SEC. 1010. REPEAL OF CERTAIN PROVISIONS SHIFTING CERTAIN
OUTLAYS FROM ONE FISCAL YEAR TO ANOTHER.
Sections 305 and 306 of
H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) of Public Law 106-113
(113 Stat. 1501A-306), are repealed.
______
ROBB AMENDMENT NO. 3218
Mr. LEVIN (for Mr. Robb) proposed an amendment to the bill,
S. 2549,
supra; as follows:
On page ____, between lines ____ and ____, insert the
following:
SEC. . DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense
Travel System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development, testing, and
fielding of the system, including the performance
requirements, the evaluation criteria, the funding that has
been provided for the development, testing, and fielding of
the system, and the funding that is projected to be required
for completing the development, testing, and fielding of the
system.
(2) The schedule that has been followed for the testing of
the system, including the initial operational test and
evaluation and the final operational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the deployment
of the system and from the completed implementation of the
system, together with a discussion of how the savings are
estimated and the expected schedule for the realization of
the savings.
(4) An analysis of the costs and benefits of fielding the
front-end software for the system throughout all 18
geographical areas selected for the original fielding of the
system.
(c) Limitations.--(1) Not more than 25 percent of the
amount authorized to be appropriated under section 301(5) for
the Defense Travel System may be obligated or expended before
the date on which the Secretary submits the report required
under subsection (a).
(2) Funds appropriated for the Defense Travel System
pursuant to the authorization of appropriations referred to
in paragraph (1) may not be used for a purpose other than the
Defense Travel System unless the Secretary first submits to
Congress a written notification of the intended use and the
amount to be so used.
______
WARNER (AND ROBB) AMENDMENT NO. 3219
Mr. WARNER (for himself and Mr. Robb) proposed an amendment to the
bill,
S. 2549, supra; as follows:
On page 501, between lines 10 and 11, insert the following:
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1990 PROJECT.
(a) Increase.--Section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B
of Public Law 101-189), as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2197), is
amended in the item relating to Portsmouth Naval Hospital,
Virginia, by striking ``$351,354,000'' and inserting
``$359,854,000''.
(b) Conforming Amendment.--Section 2405(b)(2) of the
Military Construction Authorization Act for Fiscal Years 1990
and
[[Page
S4857]]
1991, as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1999, is amended by
striking ``$342,854,000'' and inserting ``$351,354,000''.
On page ____, between lines ____ and ____, insert the
following:
SEC. . DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense
Travel System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development, testing, and
fielding of the system, including the performance
requirements, the evaluation criteria, the funding that has
been provided for the development, testing, and fielding of
the system, and the funding that is projected to be required
for completing the development, testing, and fielding of the
system.
(2) The schedule that has been followed for the testing of
the system, including the initial operational test and
evaluation and the final operational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the deployment
of the system and from the completed implementation of the
system, together with a discussion of how the savings are
estimated and the expected schedule for the realization of
the savings.
(4) An analysis of the costs and benefits of fielding the
front-end software for the system throughout all 18
geographical areas selected for the original fielding of the
system.
(c) Limitations.--(1) Not more than 25 percent of the
amount authorized to be appropriated under section ____ for
the Defense Travel System may be obligated or expended before
the date on which the Secretary submits the report required
under subsection (a).
(2) Funds appropriated for the Defense Travel System
pursuant to the authorization of appropriations referred to
in paragraph (1) may not be used for a purpose other than the
Defense Travel System unless the Secretary first submits to
Congress a written notification of the intended use and the
amount to be so used.
______
WARNER AMENDMENTS NOS. 3220-3225
Mr. WARNER proposed six amendments to the bill,
S. 2549, supra; as
follows:
Amendment No. 3220
On page 94, between lines 6 and 7, insert the following:
(6) $7,975 for payment to the Texas Natural Resource
Conservation Commission of a cash fine for permit violations
assessed under the Solid Waste Disposal Act.
____
Amendment No. 3221
On page 88, strike line 11 and all that follows through
page 92, line 19.
____
Amendment No. 3222
On page 147, line 6, strike ``section 573(b)'' and insert
``section 573(c)''.
On page 303, strike line 10 and insert the following:
SEC. 901. REPEAL OF LIMITATION ON MAJOR
On page 358, beginning on line 11, strike ``Defense Finance
and Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 358, beginning on line 12, strike ``contract
administration service'' and insert ``contract administration
services system''.
On page 359, line 5, strike ``Defense Finance and
Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 359, beginning on line 6, strike ``contract
administration service'' and insert ``contract administration
services system''.
On page 359, beginning on line 9, strike ``Defense Finance
and Accounting System'' and insert ``Defense Finance and
Accounting Service''.
On page 493, in the table following line 10, strike ``136
units'' in the purpose column in the item relating to
Mountain Home Air Force Base, Idaho, and insert ``119
units''.
____
Amendment No. 3223
On page 584, line 13, strike ``3101(c)'' and insert
``301(a)(1)(C)''.
____
Amendment No. 3224
On page 565, strike lines 9 through 13.
____
Amendment No. 3225
On page 554, line 25, strike ``$31,000,000.'' and insert
``$20,000,000.''.
On page 555, line 4, strike ``$15,000,000.'' and insert
``$26,000,000.''.
______
CLELAND (AND OTHERS) AMENDMENT NO. 3226
Mr. LEVIN (for Mr. Cleland (for himself, Mr. Levin, Mr. Robb, Mr.
Reed, Mr. Warner, Mr. McCain, Mr. Abraham, and Mr. Jeffords)) proposed
an amendment to the bill,
S. 2549, supra; as follows:
At the end of title VI, add the following new subtitle:
Subtitle F--Education Benefits
SEC. 671. SHORT TITLE.
This subtitle may be cited as the ``Helping Our
Professionals Educationally (HOPE) Act of 2000''.
SEC. 672. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
BY CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Authority To Transfer to Family Members.--(1)
Subchapter II of chapter 30 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces
``(a)(1) Subject to the provisions of this section, the
Secretary of each military department may, for the purpose of
enhancing recruiting and retention and at such Secretary's
sole discretion, permit an individual described in paragraph
(2) who is entitled to basic educational assistance under
this subchapter to elect to transfer such individual's
entitlement to such assistance, in whole or in part, to the
dependents specified in subsection (b).
``(2) An individual referred to in paragraph (1) is any
individual who is a member of the Armed Forces at the time of
the approval by the Secretary of the military department
concerned of the individual's request to transfer entitlement
to educational assistance under this section.
``(3) The Secretary of the military department concerned
may not approve an individual's request to transfer
entitlement to educational assistance under this section
until the individual has completed six years of service in
the Armed Forces.
``(4) Subject to the time limitation for use of entitlement
under section 3031 of this title, an individual approved to
transfer entitlement to educational assistance under this
section may transfer such entitlement at any time after the
approval of individual's request to transfer such entitlement
without regard to whether the individual is a member of the
Armed Forces when the transfer is executed.
``(b) An individual approved to transfer an entitlement to
basic educational assistance under this section may transfer
the individual's entitlement to such assistance as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c)(1) An individual transferring an entitlement to basic
educational assistance under this section shall--
``(A) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(B) specify the period for which the transfer shall be
effective for each dependent designated under subparagraph
(A).
``(2) The aggregate amount of the entitlement transferable
by an individual under this section may not exceed the
aggregate amount of the entitlement of such individual to
basic educational assistance under this subchapter.
``(3) An individual transferring an entitlement under this
section may modify or revoke the transfer at any time before
the use of the transferred entitlement begins. An individual
shall make the modification or revocation by submitting
written notice of the action to the Secretary of the military
department concerned.
``(d)(1) A dependent to whom entitlement to educational
assistance is transferred under this section may not commence
the use of the transferred entitlement until the completion
by the individual making the transfer of 10 years of service
in the Armed Forces.
``(2) The use of any entitlement transferred under this
section shall be charged against the entitlement of the
individual making the transfer at the rate of one month for
each month of transferred entitlement that is used.
``(3) Except as provided in under subsection (c)(1)(B) and
subject to paragraphs (4) and (5), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this subchapter in the
same manner and at the same rate as the individual from whom
the entitlement was transferred.
``(4) Notwithstanding section 3031 of this title, a child
to whom entitlement is transferred under this section may not
use any entitlement so transferred after attaining the age of
26 years.
``(5) The administrative provisions of this chapter
(including the provisions set forth in section 3034(a)(1) of
this title) shall apply to the use of entitlement transferred
under this section, except that the dependent to whom the
entitlement is transferred shall be treated as the eligible
veteran for purposes of such provisions.
``(e) In the event of an overpayment of basic educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the
individual making the transfer shall be jointly and severally
liable to the United States for the amount of the overpayment
for purposes of section 3685 of this title.
``(f) The Secretary of a military department may approve
transfers of entitlement to educational assistance under this
section in a fiscal year only to the extent that
appropriations for military personnel are available in the
fiscal year for purposes of making transfers of funds under
section 2006 of title 10 with respect to such transfers of
entitlement.
[[Page
S4858]]
``(g) The Secretary of Defense shall prescribe regulations
for purposes of this section. Such regulations shall specify
the manner and effect of an election to modify or revoke a
transfer of entitlement under subsection (c)(3) and shall
specify the manner of the applicability of the administrative
provisions referred to in subsection (d)(5) to a dependent to
whom entitlement is transferred under this section.
``(h)(1) Not later than January 31, 2002, and each year
thereafter, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the transfers of
entitlement under this section that were approved by such
Secretary during the preceding year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding year; or
``(B) if no transfers of entitlement under this section
were approved by such Secretary during that year, a
justification for such Secretary's decision not to approve
any such transfers of entitlement during that year.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3019 the following new item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces.''.
(b) Treatment under Department of Defense Education
Benefits Fund.--Section 2006(b)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(D) The present value of the future benefits payable from
the Fund as a result of transfers under section 3020 of title
38 of entitlement to basic educational assistance under
chapter 30 of title 38.''
(c) Plan for Implementation.--Not later than June 30, 2001,
the Secretary of Defense shall submit to Congress a report
describing the manner in which the Secretaries of the
military departments propose to exercise the authority
granted by section 3020 of title 38, United States Code, as
added by subsection (a).
SEC. 673. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED
FORCES IN MONTGOMERY GI BILL PROGRAM.
(a) Participation Authorized.--(1) Subchapter II of chapter
30 of title 38, United States Code, as amended by section
672(a) of this Act, is further amended by inserting after
section 3018C the following new section:
``Sec. 3018D. Opportunity to enroll: certain VEAP
participants; active duty personnel not previously enrolled
``(a)(1) Notwithstanding any other provision of law and
subject to the provisions of this section, the Secretary
concerned may, for the purpose of enhancing recruiting and
retention and at such Secretary's sole discretion, permit an
individual described in subsection (b) to elect under
subsection (c) to become entitled to basic educational
assistance under this chapter.
``(2) The Secretary concerned may permit an individual to
elect to become entitled to basic educational assistance
under this section only if sufficient funds are available in
accordance with this section for purposes of payments by the
Secretary of Defense into the Department of Defense Education
Benefits Fund under section 2006 of title 10 with respect to
such election.
``(3) An individual who makes an election to become
entitled to basic educational assistance under this section
shall be entitled to basic educational assistance under this
chapter.
``(b) An individual eligible to be permitted to make an
election under this section is an individual who--
``(1) either--
``(A)(i) is a participant on the date of the enactment of
this section in the educational benefits program provided by
chapter 32 of this title; or
``(ii) disenrolled from participation in that program
before that date; or
``(B) has made an election under section 3011(c)(1) or
3012(d)(1) of this title not to receive educational
assistance under this chapter and has not withdrawn that
election under section 3018(a) of this title as of that date;
``(2) is serving on active duty (excluding periods referred
to in section 3202(1)(C) of this title in the case of an
individual described in paragraph (1)(A)) on that date; and
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(c) An individual permitted to make an election under
this section to become entitled to basic educational
assistance under this chapter shall make an irrevocable
election to receive benefits under this section in lieu of
benefits under chapter 32 of this title or withdraw the
election made under section 3011(c)(1) or 3012(d)(1) of this
title, as the case may be, pursuant to procedures which the
Secretary of each military department shall provide in
accordance with regulations prescribed by the Secretary of
Defense for the purpose of carrying out this section or which
the Secretary of Transportation shall provide for such
purpose with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(d)(1) Except as provided in paragraphs (2) and (3), in
the case of an individual who makes an election under this
section to become entitled to basic educational assistance
under this chapter, the basic pay of the individual shall be
reduced (in a manner determined by the Secretary of Defense)
until the total amount by which such basic pay is reduced
is--
``(A) $1,200, in the case of an individual described in
subsection (b)(1)(A); or
``(B) $1,500, in the case of an individual described in
subsection (b)(1)(B).
``(2) In the case of an individual previously enrolled in
the educational benefits program provided by chapter 32 of
this title, the total amount of the reduction in basic pay
otherwise required by paragraph (1) shall be reduced by an
amount equal to so much of the unused contributions made by
the individual to the Post-Vietnam Era Veterans Education
Account under section 3222(a) of this title as do not exceed
$1,200.
``(3) An individual may at any time pay the Secretary
concerned an amount equal to the difference between the total
of the reductions otherwise required with respect to the
individual under this subsection and the total amount of the
reductions made with respect to the individual under this
subsection as of the time of the payment.
``(4) The Secretary concerned shall transfer to the
Secretary of Defense amounts retained with respect to
individuals under paragraph (1) and amounts, if any, paid by
individuals under paragraph (3).
``(e)(1) An individual who is enrolled in the educational
benefits program provided by chapter 32 of this title and who
makes the election described in subsection (c) shall be
disenrolled from the program as of the date of such election.
``(2) For each individual who is disenrolled from such
program, the Secretary shall transfer to Secretary of Defense
any amounts in the Post-Vietnam Era Veterans Education
Account that are attributable to the individual, including
amounts in the Account that are attributable to the
individual by reason of contributions made by the Secretary
of Defense under section 3222(c) of this title.
``(f) With respect to each individual electing under this
section to become entitled to basic educational assistance
under this chapter, the Secretary concerned shall transfer to
the Secretary of Defense, from appropriations for military
personnel that are available for transfer, an amount equal to
the difference between--
``(1) the amount required to be paid by the Secretary of
Defense into the Department of Defense Education Benefits
Fund with respect to such election; and
``(2) the aggregate amount transferred to the Secretary of
Defense with respect to the individual under subsections (d)
and (e).
``(g) The Secretary of Defense shall utilize amounts
transferred to such Secretary under this section for purposes
of payments into the Department of Defense Education Benefits
Fund with respect to the provision of benefits under this
chapter for individuals making elections under this section.
``(h)(1) The requirements of sections 3011(a)(3) and
3012(a)(3) of this title shall apply to an individual who
makes an election under this section, except that the
completion of service referred to in such section shall be
the completion of the period of active duty being served by
the individual on the date of the enactment of this section.
``(2) The procedures provided in regulations referred to in
subsection (c) shall provide for notice of the requirements
of subparagraphs (B), (C), and (D) of section 3011(a)(3) of
this title and of subparagraphs (B), (C), and (D) of section
3012(a)(3) of this title. Receipt of such notice shall be
acknowledged in writing.
``(i)(1) Not later than January 31, 2002, and each year
thereafter, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the members of the Armed Forces
under the jurisdiction of such Secretary who were permitted
to elect to become entitled to basic educational assistance
under this section during the preceding year.
``(2) Each report shall set forth--
``(A) the number of members who were permitted to elect to
become entitled to basic educational assistance under this
section during the preceding year;
``(B) the number of members so permitted who elected to
become entitled to basic educational assistance during that
year; and
``(C) if no members were so permitted during that year, a
justification for such Secretary's decision not to permit any
members to elect to become so entitled during that year.''.
(2) The table of sections at the beginning of chapter 30 of
that title, as amended by section 672(a) of this Act, is
further amended by inserting after the item relating to
section 3018C the following new item:
``3018D. Opportunity to enroll: certain VEAP participants; active duty
personnel not previously enrolled.''.
(b) Conforming Amendment.--Section 3015(f) of that title is
amended by striking ``or 3018C'' and inserting ``3018C, or
3018D''.
(c) Treatment under Department of Defense Education
Benefits Fund.--Section 2006(b)(2) of title 10, United States
Code, as amended by section 672(b) of this Act, is further
amended by adding at the end the following:
``(E) The present value of the future benefits payable from
the Fund as a result of elections under section 3018D of
title 38 of entitlement to basic educational assistance under
chapter 30 of title 38.''.
[[Page
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(d) Plans for Implementation.--(1) Not later than June 30,
2001, the Secretary of Defense shall submit to Congress a
report describing the manner in which the Secretaries of the
military departments propose to exercise the authority
granted by section 3018A of title 38, United States Code, as
added by subsection (a).
(2) Not later than June 30, 2001, the Secretary of
Transportation shall submit to Congress a report describing
the manner in which that Secretary proposes to exercise the
authority granted by such section 3018A with respect to
members of the Coast Guard.
SEC. 674. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-
DUTY TRAINING AND EDUCATION.
(a) Authority To Pay All Charges.--Section 2007 of title
10, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Subject to subsection (b), the Secretary of a
military department may pay all or a portion of the charges
of an educational institution for the tuition or expenses of
a member of the armed forces enrolled in such educational
institution for education or training during the member's
off-duty periods.
``(b) In the case of a commissioned officer on active duty,
the Secretary of the military department concerned may not
pay charges under subsection (a) unless the officer agrees to
remain on active duty for a period of at least two years
after the completion of the training or education for which
the charges are paid.''; and
(2) in subsection (d)--
(A) by striking ``(within the limits set forth in
subsection (a))'' in the matter preceding paragraph (1); and
(B) in paragraph (3), by striking ``subsection (a)(3)'' and
inserting ``subsection (b)''.
(b) Use of Entitlement to Assistance under Montgomery GI
Bill for Payment of Charges.--(1) That section is further
amended by adding at the end the following new subsection:
``(e)(1) A member of the armed forces who is entitled to
basic educational assistance under chapter 30 of title 38 may
use such entitlement for purposes of paying any portion of
the charges described in subsection (a) or (c) that are not
paid for by the Secretary of the military department
concerned under such subsection.
``(2) The use of entitlement under paragraph (1) shall be
governed by the provisions of section 3014(b) of title 38.''.
(2) Section 3014 of title 38, United States Code, is
amended--
(A) by inserting ``(a)'' before ``The Secretary''; and
(B) by adding at the end the following new subsection:
``(b)(1) In the case of an individual entitled to basic
educational assistance who is pursuing education or training
described in subsection (a) or (c) of section 2007 of title
10, the Secretary shall, at the election of the individual,
pay the individual a basic educational assistance allowance
to meet all or a portion of the charges of the educational
institution for the education or training that are not paid
by the Secretary of the military department concerned under
such subsection.
``(2)(A) The amount of the basic educational assistance
allowance payable to an individual under this subsection for
a month shall be the amount of the basic educational
assistance allowance to which the individual would be
entitled for the month under section 3015 of this title
(without regard to subsection (g) of that section) were
payment made under that section instead of under this
subsection.
``(B) The maximum number of months for which an individual
may be paid a basic educational assistance allowance under
paragraph (1) is 36.''.
(3) Section 3015 of title 38, United States Code, is
amended--
(A) by striking ``subsection (g)'' each place it appears in
subsections (a) and (b);
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new
subsection (g):
``(g) In the case of an individual who has been paid a
basic educational assistance allowance under section 3014(b)
of this title, the rate of the basic educational assistance
allowance applicable to the individual under this section
shall be the rate otherwise applicable to the individual
under this section reduced by an amount equal to--
``(1) the aggregate amount of such allowances paid the
individual under such section 3014(b); divided by
``(2) 36.''.
SEC. 675. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF
SELECTED RESERVE OF ENTITLEMENT TO CERTAIN
EDUCATIONAL ASSISTANCE.
Section 16133(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5)(A) In the case of a person who continues to serve as
member of the Selected Reserve as of the end of the 10-year
period applicable to the person under subsection (a), as
extended, if at all, under paragraph (4), the period during
which the person may use the person's entitlement shall
expire at the end of the 5-year period beginning on the date
the person is separated from the Selected Reserve.
``(B) The provisions of paragraph (4) shall apply with
respect to any period of active duty of a person referred to
in subparagraph (A) during the 5-year period referred to in
that subparagraph.''.
______
KENNEDY (AND CLELAND) AMENDMENT NO. 3227
Mr. LEVIN (for Mr. Kennedy (for himself and Mr. Cleland)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 186, strike lines 1 through 9, and insert the
following:
(c) Effective Dates.--(1) The amendment made by subsection
(a) shall take effect on July 1, 2002.
(2) The amendments made by subsection (b)
______
McCAIN (AND OTHERS) AMENDMENT NO. 3228
Mr. WARNER (for Mr. McCain (for himself, Mr. Warner, and Mr. Levin))
proposed and amendment to the bill,
S. 2549, supra; as follows:
On page 236, between lines 6 and 7, insert the following:
SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR BENEFIT PLAN
BASIC ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR
OLDER.
It is the sense of Congress that there should be enacted
during the 106th Congress legislation that increases the
minimum basic annuities provided under the Survivor Benefit
Plan for surviving spouses of members of the uniformed
services who are 62 years of age or older.
SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVORS OF
ALL MEMBERS WHO DIE ON ACTIVE DUTY.
(a) Entitlement.--(1) Subsection (d)(1) of section 1448 of
title 10, United States Code, is amended to read as follows:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of--
``(A) a member who dies on active duty after--
``(i) becoming eligible to receive retired pay;
``(ii) qualifying for retired pay except that he has not
applied for or been granted that pay; or
``(iii) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he
has not completed 10 years of active commissioned service; or
``(B) a member not described in subparagraph (A) who dies
on active duty, except in the case of a member whose death,
as determined by the Secretary concerned--
``(i) is a direct result of the member's intentional
misconduct or willful neglect; or
``(ii) occurs during a period of unauthorized absence.''.
(2) The heading for subsection (d) of such section is
amended by striking ``retirement-eligible''.
(b) Amount of Annuity.--Section 1451(c)(1) of such title is
amended to read as follows:
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
annuity shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the person
receiving the annuity is under 62 years of age or is a
dependent child when the member or former member dies, the
monthly annuity shall be the amount equal to 55 percent of
the retired pay imputed to the member or former member. The
retired pay imputed to a member or former member is as
follows:
[[Page
S4860]]
``(i) Except in a case described in clause (ii), the
retired pay to which the member or former member would have
been entitled if the member or former member had been
entitled to that pay based upon his years of active service
when he died.
``(ii) In the case of a deceased member referred to in
subparagraph (A)(iii) or (B) of section 1448(d)(1) of this
title, the retired pay to which the member or former member
would have been entitled if the member had been entitled to
that pay based upon a retirement under section 1201 of this
title (if on active duty for more than 30 days when the
member died) or section 1204 of this title (if on active duty
for 30 days or less when the member died) for a disability
rated as total.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving the annuity
(other than a dependent child) is 62 years of age or older
when the member or former member dies, the monthly annuity
shall be the amount equal to 35 percent of the retired pay
imputed to the member or former member as described in clause
(i) or (ii) of the second sentence of subparagraph (A).
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2000, and
shall apply with respect to deaths occurring on or after that
date.
SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Insurable Dependents.--Section 1965 of title 38, United
States Code, is amended by adding at the end the following:
``(10) The term `insurable dependent', with respect to a
member, means the following:
``(A) The member's spouse.
``(B) A child of the member for so long as the child is
unmarried and the member is providing over 50 percent of the
support of the child.''.
(b) Insurance Coverage.--(1) Subsection (a) of section 1967
of title 38, United States Code, is amended to read as
follows:
``(a)(1) Subject to an election under paragraph (2), any
policy of insurance purchased by the Secretary under section
1966 of this title shall automatically insure the following
persons against death:
``(A) In the case of any member of a uniformed service on
active duty (other than active duty for training)--
``(i) the member; and
``(ii) each insurable dependent of the member.
``(B) Any member of a uniformed service on active duty for
training or inactive duty training scheduled in advance by
competent authority.
``(C) Any member of the Ready Reserve of a uniformed
service who meets the qualifications set forth in section
1965(5)(B) of this title.
``(2)(A) A member may elect in writing not to be insured
under this subchapter.
``(B) A member referred to in subparagraph (A) may also
make either or both of the following elections in writing:
``(i) An election not to insure a dependent spouse under
this subchapter.
``(ii) An election to insure none of the member's children
under this subchapter.
``(3)(A) Subject to an election under subparagraph (B), the
amount for which a person is insured under this subchapter is
as follows:
``(i) In the case of a member, $200,000.
``(ii) In the case of a member's spouse, the amount equal
to 50 percent of the amount for which the member is insured
under this subchapter.
``(iii) In the case of a member's child, $10,000.
``(B) A member may elect in writing to be insured or to
insure an insurable dependent in an amount less than the
amount provided under subparagraph (A). The amount of
insurance so elected shall, in the case of a member or
spouse, be evenly divisible by $10,000 and, in the case of a
child, be evenly divisible by $5,000.
``(4) No dependent of a member is insured under this
chapter unless the member is insured under this subchapter.
``(5) The insurance shall be effective with respect to a
member and the member's dependents on the first day of active
duty or active duty for training, or the beginning of a
period of inactive duty training scheduled in advance by
competent authority, or the first day a member of the Ready
Reserve meets the qualifications set forth in section
1965(5)(B) of this title, or the date certified by the
Secretary to the Secretary concerned as the date
Servicemembers' Group Life Insurance under this subchapter
for the class or group concerned takes effect, whichever is
the later date.''.
(2) Subsection (c) of such section is amended by striking
out the first sentence and inserting the following: ``If a
person eligible for insurance under this subchapter is not so
insured, or is insured for less than the maximum amount
provided for the person under subparagraph (A) of subsection
(a)(3), by reason of an election made by a member under
subparagraph (B) of that subsection, the person may
thereafter be insured under this subchapter in the maximum
amount or any lesser amount elected as provided in such
subparagraph (B) upon written application by the member,
proof of good health of each person to be so insured, and
compliance with such other terms and conditions as may be
prescribed by the Secretary.''.
(c) Termination of Coverage.--(1) Subsection (a) of section
1968 of such title is amended--
(A) in the matter preceding paragraph (1), by inserting
``and any insurance thereunder on any insurable dependent of
such a member,'' after `` any insurance thereunder on any
member of the uniformed services,'';
(B) by striking ``and'' at the end of paragraph (3);
(C) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(D) by adding at the end the following:
``(5) with respect to an insurable dependent of the
member--
``(A) upon election made in writing by the member to
terminate the coverage; or
``(B) on the earlier of--
``(i) the date of the member's death;
``(ii) the date of termination of the insurance on the
member's life under this subchapter;
``(iii) the date of the dependent's death; or
``(iv) the termination of the dependent's status as an
insurable dependent of the member.
(2) Subsection (b)(1)(A) of such section is amended by
inserting ``(to insure against death of the member only)''
after ``converted to Veterans' Group Life Insurance''.
(d) Premiums.--Section 1969 of such title is amended by
adding at the end the following:
``(g)(1) During any period in which any insurable dependent
of a member is insured under this subchapter, there shall be
deducted each month from the member's basic or other pay
until separation or release from active duty an amount
determined by the Secretary (which shall be the same for all
such members) as the premium allocable to the pay period for
providing that insurance coverage.
``(2)(A) The Secretary shall determine the premium amounts
to be charged for life insurance coverage for dependents of
members under this subchapter.
``(B) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(C) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate
may be adjusted for any such subsequent policy year on the
basis of the experience under the policy, as determined by
the Secretary in advance of that policy year.
``(h) Any overpayment of a premium for insurance coverage
for an insurable dependent of a member that is terminated
under section 1968(a)(5) of this title shall be refunded to
the member.''.
(e) Payments of Insurance Proceeds.--Section 1970 of such
title is amended by adding at the end the following:
``(h) Any amount of insurance in force on an insurable
dependent of a member under this subchapter on the date of
the dependent's death shall be paid, upon the establishment
of a valid claim therefor, to the member or, in the event of
the member's death before payment to the member can be made,
then to the person or persons entitled to receive payment of
the proceeds of insurance on the member' life under this
subchapter.''.
(f) Effective Date and Initial Implementation.--(1) This
section and the amendments made by this section shall take
effect on the first day of the first month that begins more
than 120 days after the date of the enactment of this Act,
except that paragraph (2) shall take effect on the date of
the enactment of this Act.
(2) The Secretary of Veterans Affairs, in consultation with
the Secretaries of the military departments, the Secretary of
Transportation, the Secretary of Commerce and the Secretary
of Health and Human Services, shall take such action as is
necessary to ensure that each member of the uniformed
services on active duty (other than active duty for training)
during the period between the date of the enactment of this
Act and the effective date determined under paragraph (1) is
furnished an explanation of the insurance benefits available
for dependents under the amendments made by this section and
is afforded an opportunity before such effective date to make
elections that are authorized under those amendments to be
made with respect to dependents.
______
McCAIN AMENDMENT NO. 3229
Mr. WARNER (for Mr. McCain (for himself and Mr. Warner)) proposed an
amendment to the bill,
S. 2549, supra; as follows:
On page 206, between lines 15 and 16, insert the following:
SEC. 610. RESTRUCTURING OF BASIC PAY TABLES FOR CERTAIN
ENLISTED MEMBERS.
(a) In General.--The table under the heading ``ENLISTED
MEMBERS'' in section 601(c) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 105-65;
113 Stat. 648) is amended by striking the amounts relating to
pay grades E-7, E-6, and E-5 and inserting the amounts for
the corresponding years of service specified in the following
table:
[[Page
S4861]]
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
E-7...................................................... 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60
E-6...................................................... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40
E-5...................................................... 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-7...................................................... 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90
E-6...................................................... 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80
E-5...................................................... 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-7...................................................... 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40
E-6...................................................... 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00
E-5...................................................... 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60
----------------------------------------------------------------------------------------------------------------
(b) Application of Amendments.--The amendments made by
subsection (a) shall take effect as of October 1, 2000, and
shall apply with respect to months beginning on or after that
date.
______
GRAMS (AND OTHERS) AMENDMENT NO. 3230
Mr. WARNER (for Mr. Grams (for himself, Mr. McCain, Mr. Sessions, Mr.
Allard, Mr. Ashcroft, and Mr. Levin)) proposed an amendment to the
bill,
S. 2549, supra; as follows:
On page 239, after line 22, add the following:
Subtitle F--Additional Benefits For Reserves and Their Dependents
SEC. 671. SENSE OF CONGRESS.
It is the sense of Congress that it is in the national
interest for the President to provide the funds for the
reserve components of the Armed Forces (including the
National Guard and Reserves) that are sufficient to ensure
that the reserve components meet the requirements specified
for the reserve components in the National Military Strategy,
including training requirements.
SEC. 672. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations
INCONUS and OCONUS.--(1) Subsection (a) of section 18505 of
title 10, United States Code, is amended to read as follows:
``(a) A member of a reserve component traveling to a place
of annual training duty or inactive-duty training (including
a place other than the member's unit training assembly if the
member is performing annual training duty or inactive-duty
training in another location) may travel in a space-required
status on aircraft of the armed forces between the member's
home and the place of such duty or training.''.
(2) The heading of such section is amended to read as
follows:
``Sec. 18505. Reserves traveling to annual training duty or
inactive-duty training: authority for space-required
travel''.
(b) Space-Available Travel for Members of Selected Reserve,
Gray Area Retirees, and Dependents.--Chapter 1805 of such
title is amended by adding at the end the following new
section:
``Sec. 18506. Space-available travel: Selected Reserve
members and reserve retirees under age 60; dependents
``(a) Eligibility for Space-Available Travel.--The
Secretary of Defense shall prescribe regulations to allow
persons described in subsection (b) to receive transportation
on aircraft of the Department of Defense on a space-available
basis under the same terms and conditions (including terms
and conditions applicable to travel outside the United
States) as apply to members of the armed forces entitled to
retired pay.
``(b) Persons Eligible.--Subsection (a) applies to the
following persons:
``(1) A person who is a member of the Selected Reserve in
good standing (as determined by the Secretary concerned) or
who is a participating member of the Individual Ready Reserve
of the Navy or Coast Guard in good standing (as determined by
the Secretary concerned).
``(c) Dependents.--A dependent of a person described in
subsection (b) shall be provided transportation under this
section on the same basis as dependents of members of the
armed forces entitled to retired pay.
``(d) Limitation on Required Identification.--Neither the
`Authentication of Reserve Status for Travel Eligibility'
form (DD Form 1853), nor or any other form, other than the
presentation of military identification and duty orders upon
request, or other methods of identification required of
active duty personnel, shall be required of reserve component
personnel using space-available transportation within or
outside the continental United States under this section.''.
(c) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 18505 and inserting the following new
items:
``18505. Reserves traveling to annual training duty or inactive-duty
training: authority for space-required travel.
``18506. Space-available travel: Selected Reserve members and reserve
retirees under age 60; dependents.''.
(d) Implementing Regulations.--Regulations under section
18506 of title 10, United States Code, as added by subsection
(b), shall be prescribed not later than 180 days after the
date of the enactment of this Act.
SEC. 673. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING
FOR INACTIVE DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United
States Code, is amended by inserting after section 12603 the
following new section:
``Sec. 12604. Billeting in Department of Defense facilities:
Reserves attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty
Members Traveling Under Orders.--The Secretary of Defense
shall prescribe regulations authorizing a Reserve traveling
to inactive-duty training at a location more than 50 miles
from that Reserve's residence to be eligible for billeting in
Department of Defense facilities on the same basis and to the
same extent as a member of the armed forces on active duty
who is traveling under orders away from the member's
permanent duty station.
``(b) Proof of Reason for Travel.--The Secretary shall
include in the regulations the means for confirming a
Reserve's eligibility for billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
12603 the following new item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.
(b) Effective Date.--Section 12604 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to periods of inactive-duty training beginning more
than 180 days after the date of the enactment of this Act.
SEC. 674. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT
POINTS THAT MAY BE CREDITED IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is
amended by striking ``but not more than'' and all that
follows and inserting ``but not more than--
``(A) 60 days in any one year of service before the year of
service that includes September 23, 1996;
``(B) 75 days in the year of service that includes
September 23, 1996, and in any subsequent year of service
before the year of service that includes the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2001; and
``(C) 90 days in the year of service that includes the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2001 and in any subsequent year of
service.''.
SEC. 675. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO
RESERVE COMPONENT MEMBERS FOLLOWING RELEASE
FROM ACTIVE DUTY.
(a) Legal Services.--Section 1044(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Members of reserve components of the armed forces not
covered by paragraph (1) or (2) following release from active
duty under a call or order to active duty for more than 30
days issued under a mobilization authority (as determined by
the Secretary of Defense), but only during the period that
begins on the date of the release and is equal to at least
twice the length of the period served on active duty under
such call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as
redesignated by subsection (a)(1), is amended by striking
``and (3)'' and inserting ``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later
than 180 days after the date of the enactment of this Act.
[[Page
S4862]]
______
BINGAMAN (AND OTHERS) AMENDMENT NO. 3231
Mr. LEVIN (for Mr. Bingaman (for himself, Mr. Warner, Mr. Biden, and
Mr. Inouye) proposed an amendment to the bill,
S. 2549, supra; as
follows:
At the end of title X, insert the following:
SEC. 10____. CONGRESSIONAL MEDALS FOR NAVAJO CODE TALKERS.
(a) Findings.--Congress finds that--
(1) on December 7, 1941, the Japanese Empire attacked Pearl
Harbor and war was declared by Congress on the following day;
(2) the military code developed by the United States for
transmitting messages had been deciphered by the Japanese,
and a search was made by United States Intelligence to
develop new means to counter the enemy;
(3) the United States Government called upon the Navajo
Nation to
