National Guard Legislative Analysis
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1 National Guard Legislative Analysis Fiscal Year 2005 Emergency Supplemental House Mark-up Office of Legislative Liaison 1411 Jefferson Davis Highway Arlington, Virginia
2 Fiscal Year 200 Emergency Supplemental Analysis 14 March 2006 Page 2 of 7 Protecting America at Home and Abroad
3 14 March 2006 Fiscal Year 2005 Emergency Supplemental Analysis Table of Contents Executive Summary 4 Summary 5 Appendix 1 -- Legislative Language 6 CERFP 6 Reserve Affiliation Bonus 6 Serviceman s Group Life Insurance 6 Death Gratuity 7 Protecting America at Home and Abroad Page 3 of 7
4 Fiscal Year 200 Emergency Supplemental Analysis 14 March 2006 Executive Summary The House Appropriations Committee completed its work on the FY2005 Emergency Supplemental (H.R. 1268) on 8 March The committee released House Report on 11 March For the full text of H.R and full committee report, please visit our homepage at: On Monday, March 14, 2005 the House Rules Committee will take up H.R and determine how debate on the bill will proceed. The critical question remains, will the Rules committee allow additional amendments or not? If additional amendments are allowed it could lengthen debate on the measure and further reduce its cost. House Republican leadership expects H.R to be debated on the floor sometime by mid-week. The Senate is not expected to take up the measure until after the April recess. The following chart summaries the amounts reflected for the National Guard: $ in thousands Requested House Mark Delta Army National Guard NGPA 429, ,300 1,100 O&M 188, ,799 0 Air National Guard MilPers The supplemental also included funds for the following: CERP o Section 1107 changed the FY05 Appropriations amount from $500M to $854M Reserve Affiliation Bonus o Section 1112 increased the Reserve Affiliation bonus to $10,000 SGLI and Death Benefits o Section 1113 increased the SGLI from $250,000 to $400,000 retroactive to 7 October 2001 Page 4 of 7 Protecting America at Home and Abroad
5 14 March 2006 Fiscal Year 2005 Emergency Supplemental Analysis Summary The following chart details the amounts specified for NGPA and ANG Military Personnel: $ in thousands House Mark Army National Guard Premobilization Training 305,000 Enhanced Death Benefits 1,100 Security Guards 70,000 Recruiting and Retention 54,000 Foreign Language Proficiency Pay 200 Air National Guard Foreign Language Proficiency Pay 91 The following chart details the amounts specified for ARNG Operations and Maintenance: $ in thousands House Mark Army National Guard Alerted Unit Training 8,800 Second Destination Transportation 12,600 Family Readiness Programs 10,000 ARNG Recruiting and Retention 157,379 The committee addressed its concern for equipment shortfalls in the Army. The chart below outlines funding increases necessary to meet urgent requirements: $ in thousands House Mark Procurement of Weapons and Tracked Combat Vehicles, Army Bradley Reactive Armor Tiles 26,000 Stryker 69,540 Abrams Modification Program 90,000 (TIGER Engine upgrade) Small Arms Modification 68,000 Other Procurement, Army Up-Armored HMMWs (M1114) 51,300 Other HMMWVs (M1151) 134,200 FMTV 401,000 FHTV 207,100 Add-On Armor Kits 48,000 SINCGARS Family 55,500 Improved HF Radios (Including PRC-150 and PRC-148) Jammers (Warlock) 60,000 Night Vision Devices 94,000 Force XXI Battle Command Brigade and Below 146,100 Handheld Stand-off Mine Detection System 18,300 (HSTAMIDS) CRAM 75,000 Protecting America at Home and Abroad Page 5 of 7
6 Fiscal Year 200 Emergency Supplemental Analysis 14 March 2006 Appendix 1 -- Legislative Language The following legislative provisions where adopted in this report: CERFP SEC Section 1201(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law ; 118 Stat. 2077), as amended by section 102 of title I of division J of the Consolidated Appropriations Act, 2005 (Public Law ), is further amended by striking $500,000,000 in the matter preceding paragraph (1) and inserting $854,000,000. Reserve Affiliation Bonus SEC Notwithstanding subsection (c) of section 308e of title 37, United States Code, the maximum amount of the bonus paid to a member of the Armed Forces pursuant to a reserve affiliation agreement entered into under such section during fiscal year 2005 shall not exceed $10,000, and the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may prescribe regulations under subsection (f) of such section to modify the method by which bonus payments are made under reserve affiliation agreements entered into during such fiscal year Serviceman s Group Life Insurance SEC (a) INCREASE IN SGLI MAXIMUM. Section 1967 of title 38, United States Code, is amended (1) in subsection (a)(3)(a)(i), by striking $250,000 and inserting $400,000 or such lesser amount as the member may elect in increments of $50,000 ; (2) in subsection (a)(3)(b), by striking member or spouse in the last sentence and inserting member, be evenly divisible by $50,000 and, in the case of a member s spouse ; and (3) in subsection (d), by striking of $250,000 and inserting in effect under subsection (a)(3)(a)(i). (b) SPOUSE CONSENT AND BENEFICIARY NOTIFICATION. Section 1967(a)(3)(B) of such title is amended (1) by inserting (i) after (B) ; and (2) by adding at the end the following new clauses: (ii) A member who is married may not, without the written concurrence of the member s spouse (I) elect not to be insured under this subchapter or to be insured under this subchapter in an amount less than the maximum amount provided for under subparagraph (A)(i); or (II) designate any other person as a beneficiary under this program. (iii) Whenever a member who is not married elects not to be insured under this subchapter or to be insured under this subchapter in an amount less than the maximum amount provided for under subparagraph (A)(i), the Secretary concerned shall provide a notice of such election to any person designated by the member as a beneficiary or designated as the member s next-of-kin for the purpose of emergency notification, as determined under regulations prescribed by the Secretary of Defense.. (c) LIMITATION ON SPOUSE COVERAGE TO AMOUNT OF MEMBER COVERAGE. Section 1967(a)(3)(C) of such title is amended by inserting before the period at the end the following: as applicable to such member under subparagraph (A)(i). Page 6 of 7 Protecting America at Home and Abroad
7 14 March 2006 Fiscal Year 2005 Emergency Supplemental Analysis (d) CONFORMING AMENDMENTS TO VGLI PROVISIONS. Section 1977 of such title is amended by striking $250,000 each place it appears and inserting $400,000. (e) MILITARY DEATH GRATUITY. Section 1478 of title 10, United States Code, is amended (1) in subsection (a), by striking $12,000 (as adjusted under subsection (c)) and inserting $100,000 ; and (2) by striking subsection (c). (f) EFFECTIVE DATE. The amendments made by this section shall apply with respect to deaths occurring on or after the date of the enactment of this Act. Death Gratuity SEC (a) SPECIAL DEATH GRATUITY FOR CERTAIN PRIOR DEATHS IN SERVICE. In the case of the death of a member of the uniformed services that is a qualifying death (as specified in subsection (b)), the Secretary concerned shall pay a death gratuity of not more than $238,000. Of that amount (1) $150,000 shall be paid in the manner specified in subsection (c); and (2) $88,000 shall be paid in the manner specified in subsection (d). (b) QUALIFYING DEATHS. The death of a member of the uniformed services is a qualifying death for purpose of this section if (1) the member died during the period beginning on October 7, 2001, and ending on the day before the date of the enactment of this Act; and (2) for the purpose of section 1114(a)(2), the death was a direct result of an injury or illness (or combination of one or more injuries or illness) incurred in Operation Enduring Freedom or Operation Iraqi Freedom, as determined under regulations prescribed by the Secretary of Defense; and (3) for the purpose of section 1114(a)(1), the death was a direct result of an injury or illness (or combination of one or more injuries or illness) incurred by any active duty military member in the performance of duty. (c) SGLI BENEFICIARIES. A payment pursuant to subsection (a)(1) by reason of a covered death shall be paid (1) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds paid on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38, United States Code; or (2) in the case of a member who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who would have received proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries. (d) MILITARY DEATH GRATUITY BENEFICIARIES. A payment pursuant to subsection (a)(2) by reason of a covered death shall be paid equal shares to the beneficiaries who were paid the death gratuity that was paid with respect to that death under subchapter II of chapter 75 of title 10, United States Code. (e) STATUS OF PAYMENTS. A death gratuity payable under this section by reason of a qualifying death is in addition to any other death gratuity or other benefit payable by the United States by reason of that death. (f) DEFINITION. For the purposes of this section, the term Secretary concerned has the meaning given that term in section 101 of title 37, United States Code.. Protecting America at Home and Abroad Page 7 of 7
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