National Guard Legislative Analysis

Transcription

1 National Guard Legislative Analysis Fiscal Year 2005 Emergency Supplemental House and Senate Mark-ups 22 April 2005 Office of Legislative Liaison 1411 Jefferson Davis Highway Arlington, Virginia

2 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Page 2 of 17 Protecting America at Home and Abroad

3 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis Table of Contents Executive Summary 4 Supplemental Account Details 5 Personnel 5 Operations and Maintenance 5 Procurement 6 C-130J Multi-Year Procurement 7 Key Senate Amendments 7 Appendix 1 House Legislative Language 8 Reserve Affiliation Bonus 8 Serviceman s Group Life Insurance 8 Death Gratuity 9 Appendix 2-Senate Legislative Language 10 Reserve Affiliation Bonus 10 Serviceman s Group Life Insurance 10 Death Gratuity 12 Appendix 3-Key Amendment Texts 14 DURBIN AMENDMENT SA 356-National Guard and Reserve Pay 14 KERRY AMENDMENT SA 334 Increase in Death Gratuity 16 Protecting America at Home and Abroad Page 3 of 17

4 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Executive Summary The House completed its work on the FY2005 Emergency Supplemental (H.R. 1268) on 11 March The Senate Appropriations Committee completed its work on 6 April The Senate passed the measure on 21 April. The measure will now go to conference to resolve differences between the two measures. For the full text of H.R and associated committee reports, please visit our homepage at: The following chart summaries the amounts reflected for the National Guard: $ in thousands Requested House Delta Senate Delta Mark Mark Army National Guard NGPA 429, ,300 1, , ,100 O&M 188, , , ,100 Air National Guard MilPers Note: $138.1M was transferred from NGPA to O&M on request of the ARNG The supplemental also included funds for the following: Reserve Affiliation Bonus o The House increased the Reserve Affiliation bonus to $10,000 (Section 1112) o The Senate version also increased this bonus to $10,000 (Section 1112) SGLI and Death Benefits o The House amends title 38 to increase the Servicemembers Group Life Insurance maximum from $250,000 to $400,000; requires spousal concurrence if the member declines life insurance, elects to be insured at less the maximum, or designates any other person as beneficiary; and amends title 10 to permanently change the military death gratuity from $12,000 to $100,000 (Section 1113) o The House also provides death gratuity increases retroactive to October 7, 2001 provided that the military death gratuity payment results from a death incurred in Operation Iraqi Freedom or Operation Enduring Freedom and the Servicemembers Group Life Insurance death gratuity payment results from a death incurred in the performance of duty (Section 1114) o The Senate recommendation includes a provision amending title 10 to increase the death gratuity payment to an amount of $100,000 in cases when death results from wounds, injuries, or illness that are combat related or occurs in a combat operation or combat zone. (Section 1112) Counter drug Operations o The House version included language that it expects the Department to fully restore funding to the National State Guard Plan projects that was used to initiated activities in South West Asia (Ref: HRpt , page 30) o The Senate version decreased the total amount by $30 million and also included language indicating its disappointment in the Departments use of NG CD program funds to initiate programs in South West Asia and insists Guard accounts be replenished (Ref: SRpt , page 28) Guard UH-60 Replacements o The Senate noted the loss of 6 UH-60s in theater and encourages the Army to replace these aircraft (Ref: SRpt , Page 16) Page 4 of 17 Protecting America at Home and Abroad

5 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis Supplemental Account Details Personnel The following chart details the amounts specified for NGPA and ANG Military Personnel: $ in thousands House Mark Senate Mark Army National Guard Premobilization Training 305,000 0 Enhanced Death Benefits 1,100 0 Security Guards 70,000 0 Recruiting and Retention 54, ,000 Foreign Language Proficiency Pay 200 Incremental Wartime Costs 0 284,200 Recruiting and Retention (Transfer to ARNG O&M) -138,100 Air National Guard Foreign Language Proficiency Pay Operations and Maintenance The following chart details the amounts specified for ARNG Operations and Maintenance: $ in thousands House Mark Senate Mark Army National Guard Alerted Unit Training 8,800 8,800 Second Destination Transportation 12,600 12,629 Family Readiness Programs 10,000 10,000 ARNG Recruiting and Retention 157, ,450 Protecting America at Home and Abroad Page 5 of 17

6 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Procurement 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 Senate Mark Aircraft Procurement, Army UH-60 Blackhawk (MYP) 50,800 50,800 Procurement of Weapons and Tracked Combat Vehicles, Army Bradley Reactive Armor Tiles 59,700 Stryker 114,040 44,500 Abrams Modification Program (TIGER Engine upgrade) 90, Other Procurement, Army Up-Armored HMMWs (M1114) 51, ,000 1 Other HMMWVs (M1151) 134, HMMWVs 320,827 HMMWV Recapitalization 122, ,594 FMTV 401, ,435 FHTV 207, ,577 Add-On Armor Kits 610, ,900 SINCGARS Family 792, ,856 Improved HF Radios 147, ,300 (Including PRC-150 and PRC-148) Jammers (Warlock) 60, ,000 Night Vision Devices 131,629 37,628 Force XXI Battle Command Brigade and Below 146, Handheld Stand-off Mine Detection System (HSTAMIDS) 18, CRAM 141, Tactical Trailers -- 6,051 Prophet 94,884 94,884 TAUV 172, ,700 Warlock 60,000 60,000 4 Profiler 24,600 24,600 HEMTT ESP 90, Water Purification System 50,205 50,205 The chart below outlines funding for Air National Guard Procurement: $ in thousands House Mark Senate Mark Aircraft Procurement, Air Force A-10 Extended Duration Covert Infrared Countermeasures System -- 12,400 C-130 LAIRC -- 25,000 SENIOR SCOUT Aircraft Units -- 1,000 1 SA 520 offered by Senator Bayh (D-IN) passed adding $213M for Up-Armored HMMVs 2 $10M is available only for the Low cost Jammers 3 Senate marked this amount in RDT&E, Army (ref: SRpt , page 25) 4 Sen. Boxer s amendment (SA-444) passed expressing a sense of the Senate to provide an additional $60M Page 6 of 17 Protecting America at Home and Abroad

7 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis C-130J Multi-Year Procurement In testimony before the Senate, the Secretary of Defense indicated that a proposal to terminate the current C-130J MYP contract for the Air Force and Marine Corps is being reexamined as part of the ongoing Mobility Capability Study. The committee believes this is a prudent action and encourages the Department to resolve the matter as soon as possible so that any decision to transmit a budget amendment to the congressional defense committees may be given due consideration as part of the FY 2006 authorization and appropriations process. Key Senate Amendments The Senate approved a number of amendments affecting the National Guard. Completes test of these amendments are at Appendix 3. The following summarizes the key amendments: Senate Amendment (SA) 333 offered by Sen. Kerry (D-MA) to extend the period of temporary continuation of basic allowance for housing for dependents of members of the Armed Forces who die on active duty ---PASSED by voice vote on 4/13/05 SA 334 offered by Sen. Kerry (D-MA) to increase the military death gratuity to $100,000, effective with respect to any deaths of members of the Armed Forces on active duty after October 7, PASSED by voice vote on 4/13/05 SA 356 offered by Sen. Durbin (D-IL) to ensure that a Federal employee who takes leave without pay in order to perform service as a member of the uniformed services or member of the National Guard shall continue to receive pay in an amount which when taken together with the pay and allowances such individual is receiving for such service, will be no less than the basic pay such individual would then be receiving if no interruption in employment had occurred. --- PASSED by voice vote on 4/13/05 SA 361 offered by Sen. Reid (D-NV) to express the sense of the Senate that veterans with a service-connected disability rated as total by virtue of unemployability should be treated as covered by the repeal of the phase-in of concurrent receipt of retired pay and veterans disability compensation for military retirees. ---PASSED by voice vote on 4/14/05 SA 390 offered by Sen. Obama (D-IL) to provide meal and telephone benefits for members of the Armed Forces who are recuperating from injuries incurred on active duty in Operation Iraqi Freedom or Operation Enduring Freedom. ---PASSED by voice vote on 4/14/05 SA-444 offered by Sen, Boxer (D-CA) to express the sense of the Senate that $60,000,000 may be made available for the rapid deployment of Warlock systems and other field jamming systems. ---PASSED by voice vote 4/20/05. SA-446 offered by Sen. Chambliss (R-GA) to prohibit the Department of Defense from expending funds to terminate the C-130J program. ---PASSED by voice vote 4/20/05 SA 520 offered by Sen. Bayh (D-IN) to increase by $213 million in the Other Procurement, Army account for funding of additional up-armored HMMV s. ---PASSED by recorded vote 4/21/05 SA-551 offered by Sen. DeWine (R-OH) for Sen. Craig, (R-ID) that would offer/provide seriously injured troops coverage under the military s life insurance plan, paying them from $25,000 to $100,000. An amendment to Craig s provision, introduced by Mike DeWine, R-Ohio, makes the coverage retroactive to troops injured since October PASSED by voice vote 4/21/05 Protecting America at Home and Abroad Page 7 of 17

8 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Appendix 1 House Legislative Language The following legislative provisions where adopted in this report: 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). (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 Page 8 of 17 Protecting America at Home and Abroad

9 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis (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 9 of 17

10 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Appendix 2-Senate Legislative Language 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 SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENTS. (a) INCREASED MAXIMUM AMOUNT UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE- Section 1967 of title 38, United States Code, is amended-- (1) in subsection (a)(3)(a), by striking clause (i) and inserting the following new clause: `(i) In the case of a member-- `(I) $400,000 or such lesser amount as the member may elect; `(II) in the case of a member covered by subsection (e), the amount provided for or elected by the member under subclause (I) plus the additional amount of insurance provided for the member by subsection (e); or `(III) in the case of a member covered by subsection (e) who has made an election under paragraph (2)(A) not to be insured under this subchapter, the amount of insurance provided for the member by subsection (e).'; and (2) in subsection (d), by striking `$250,000' and inserting `$400,000'. (b) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN CERTAIN AREAS OR OPERATIONS- (1) INCREASED AMOUNT- Section 1967 of such title is further amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection (e): `(e)(1) A member covered by this subsection is any member as follows: `(A) Any member who dies as a result of one or more wounds, injuries, or illnesses incurred while serving in an operation or area that the Secretary designates, in writing, as a combat operation or a zone of combat, respectively, for purposes of this subsection. `(B) Any member who formerly served in an operation or area so designated and whose death is determined (under regulations prescribed by the Secretary of Defense) to be the direct result of injury or illness incurred or aggravated while so serving. `(2) The additional amount of insurance under this subchapter that is provided for a member by this subsection is $150,000, except that in a case in which the amount provided for or elected by the member under subclause (I) of subsection (a)(3)(a) exceeds $250,000, the additional amount Page 10 of 17 Protecting America at Home and Abroad

11 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis of insurance under this subchapter that is provided for the member by this subsection shall be reduced to such amount as is necessary to comply with the limitation in paragraph (3). `(3) The total amount of insurance payable for a member under this subchapter may not exceed $400,000. `(4) While a member is serving in an operation or area designated as described in paragraph (1), the cost of insurance of the member under this subchapter that is attributable to $150,000 of insurance coverage shall be contributed as provided in section 1969(b)(2) of this title and may not be deducted or withheld from the member's pay.'. (2) FUNDING- Section 1969(b) of such title is amended-- (A) by inserting `(1)' after `(b)'; and (B) by adding at the end the following new paragraph: `(2) For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers' Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.'. (c) CONFORMING AMENDMENT- Section 1967(a)(2)(A) of such title is amended by inserting before the period at the end the following: `, except for insurance provided under paragraph (3)(A)(i)(III)'. (d) COORDINATION WITH VGLI- Section 1977(a) of such title is amended-- (1) by striking `$250,000' each place it appears and inserting `$400,000'; and (2) by adding at the end of paragraph (1) the following new sentence: `Any additional amount of insurance provided a member under section 1967(e) of this title may not be treated as an amount for which Veterans' Group Life Insurance shall be issued under this section.'. (e) REQUIREMENTS REGARDING ELECTIONS OF MEMBERS TO REDUCE OR DECLINE INSURANCE- Section 1967(a) of such title is further amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: `(C) Pursuant to regulations prescribed by the Secretary of Defense, notice of an election of a member not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided under paragraph (3)(A)(i)(I), shall be provided to the spouse of the member.'; and (2) in paragraph (3)-- (A) in the matter preceding clause (i), by striking `and (C)' and inserting `, (C), and (D)'; and (B) by adding at the end the following new subparagraphs: `(D) A member with a spouse may not elect not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided under subparagraph (A)(i)(I), without the written consent of the spouse.'. Protecting America at Home and Abroad Page 11 of 17

12 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 (f) REQUIREMENT REGARDING REDESIGNATION OF BENEFICIARIES- Section 1970 of such title is amended by adding at the end the following new subsection: `(j) A member with a spouse may not modify the beneficiary or beneficiaries designated by the member under subsection (a) without the written consent of the spouse.'. (g) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on the first day of the first month that begins more than 90 days after the date of the enactment of this Act. (h) TERMINATION- The amendments made by this section shall terminate on September 30, Effective on October 1, 2005, the provisions of sections 1967, 1969, 1970, and 1977 of title 38, United States Code, as in effect on the date before the date of the enactment of this Act shall be revived. Death Gratuity SEC DEATH GRATUITY ENHANCEMENTS. (a) DEATHS FROM COMBAT-RELATED CAUSES OR CAUSES INCURRED IN DESIGNATED OPERATIONS OR AREAS- (1) AMOUNT- Section 1478 of title 10, United States Code, is amended-- (A) in subsection (a), by inserting `, except as provided in subsection (c)' after `$12,000'; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following new subsection (c): `(c) The death gratuity payable under sections 1475 through 1477 of this title is $100,000 (as adjusted under subsection (d)) in the case of a death resulting from wounds, injuries, or illnesses that are-- `(1) incurred as described in section 1413a(e)(2) of this title; or `(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense under section 1967(e)(1)(A) of title 38.'. (2) INCREASES CONSISTENT WITH INCREASES IN RATES OF BASIC PAY- Subsection (d) of such section, as redesignated by paragraph (1)(B), is further amended by striking `amount of the death gratuity in effect under subsection (a)' and inserting `amounts of the death gratuities in effect under subsections (a) and (c)'. (3) CONFORMING AMENDMENT- Subsection (a) of such section, as amended by paragraph (1), is further amended by striking `(as adjusted under subsection (c))' and inserting `(as adjusted under subsection (d))'. (4) EFFECTIVE DATE; TERMINATION- (A) The amendments made by this subsection shall take effect on the date of the enactment of this Act. (B) The amendments made by this subsection shall terminate on September 30, Effective as of October 1, 2005, the provisions of section 1478 of title 10, United States Code, as in effect on the date before the date of the enactment of this Act shall be revived. (b) ADDITIONAL GRATUITY FOR DEATHS BEFORE EFFECTIVE DATE- Page 12 of 17 Protecting America at Home and Abroad

13 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis (1) REQUIREMENT TO PAY ADDITIONAL GRATUITY- (A) In the case of a member of the Armed Forces described in subparagraph (B), the Secretary of the military department concerned shall pay a death gratuity in accordance with this subsection that is in addition to the death gratuity payable in the case of such death under sections 1475 through 1477 of title 10, United States Code. (B) The requirements of this subsection apply in the case of a member of the Armed Forces who died before the date of the enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that-- (i) were incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (ii) were incurred as described in section 1413a(e)(2) of title 10, United States Code, on or after October 7, (2) AMOUNT- The amount of the additional death gratuity is $238,000. (3) BENEFICIARIES- The beneficiary or beneficiaries who are entitled under section 1477 of title 10, United States Code, to receive payment of the regular military death gratuity in the case of the death of a member referred to in paragraph (2) shall be entitled to receive the additional death gratuity payable in such case. If there are two or more such beneficiaries, the portion of the total amount of the additional death gratuity payable to a beneficiary in such case shall be the amount that bears the same ratio to the total amount of the additional death gratuity under paragraph (2) as the amount of the share of the regular military death gratuity payable to that beneficiary bears to the total amount of the regular military death gratuity payable to all such beneficiaries in such case. (4) DEFINITIONS- In this subsection: (A) The term `additional death gratuity' means the death gratuity provided under paragraph (1). (B) The term `regular military death gratuity', means a death gratuity payable under sections 1475 through 1477 of title 10 United States Code Protecting America at Home and Abroad Page 13 of 17

14 Fiscal Year 2005 Emergency Supplemental Analysis 22 April 2005 Appendix 3-Key Amendment Texts DURBIN AMENDMENT SA 356-National Guard and Reserve Pay SA 356. Mr. DURBIN (for himself, Ms. MIKULSKI, Mr. ALLEN, and Mr. CORZINE) proposed an amendment to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver s license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; as follows: On page 153, between lines 15 and 16, insert the following: SEC NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) SHORT TITLE. This section may be cited as the Reservists Pay Security Act of (b) IN GENERAL. Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: Nonreduction in pay while serving in the uniformed services or National Guard (a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) (2) the amount of pay and allowances which (as determined under subsection (d)) (A) is payable to such employee for that service; and (B) is allocable to such pay period. (b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee s civilian employment had not been interrupted) (A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and Page 14 of 17 Protecting America at Home and Abroad

15 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis (B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee s civilian employment with the Government. (2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38 (A) shall be determined disregarding the provisions of section 4312(d) of title 38; and (B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). (c) Any amount payable under this section to an employee shall be paid (1) by such employee s employing agency; (2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and (3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee s civilian employment had not been interrupted. (d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section. (e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. (f) For purposes of this section (1) the terms employee, Federal Government, and uniformed services have the same respective meanings as given them in section 4303 of title 38; (2) the term employing agency, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and (3) the term basic pay includes any amount payable under section (c) CLERICAL AMENDMENT. The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following: Protecting America at Home and Abroad Page 15 of 17

16 Fiscal Year 2005 Emergency Supplemental Analysis 22 April Nonreduction in pay while serving in the uniformed services or National Guard.. (d) EFFECTIVE DATE. The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act. KERRY AMENDMENT SA 334 Increase in Death Gratuity SA 334. Mr. KERRY (for himself and Mr. PRYOR) submitted an amendment intended to be proposed by him to the bill H.R. 1268, Making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver s license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows: On page 159, strike line 6 and all that follows through page 160, line 22, and insert the following: SEC (a) INCREASE IN DEATH GRATUITY. (1) AMOUNT. Section 1478(a) of title 10, United States Code, is amended by striking $12,000 and inserting $100,000. (2) EFFECTIVE DATE. The amendments made by this subsection shall take effect on October 7, 2001, and shall apply with respect to deaths occurring on or after that date. (3) NO ADJUSTMENT FOR INCREASES IN BASIC PAY BEFORE DATE OF ENACTMENT. No adjustment shall be made under subsection (c) of section 1478 of title 10, United States Code, with respect to the amount in force under subsection (a) of that section, as amended by paragraph (1), for any period before the date of the enactment of this Act. (4) PAYMENT FOR DEATHS BEFORE DATE OF ENACTMENT. Any additional amount payable as a death gratuity under this subsection for the death of a member of the Armed Forces before the date of the enactment of this Act shall be paid to the eligible survivor of the member previously paid a death gratuity under section 1478 of title 10, United States Code, for the death of the member. If payment cannot be made to such survivor, payment of such amount shall be made to living survivor of the member otherwise highest on the list under 1477(a) of title 10, United States Code. On page 161, line 23, strike $238,000 and insert $150,000. Page 16 of 17 Protecting America at Home and Abroad

17 22 April 2006 Fiscal Year 2005 Emergency Supplemental Analysis This product is produced and distributed by the National Guard Bureau s Office of Legislative Liaison. It is considered a public document and can be re-printed, in whole or in part, without prior consent. For additional copies, contact the Office of Legislative Liaison at (703) or download this report from Protecting America at Home and Abroad Page 17 of 17