[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1063 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1063

  To amend title 10, United States Code, to improve certain death and 
survivor benefits with respect to members of the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2007

 Mrs. Clinton introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve certain death and 
survivor benefits with respect to members of the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Military Family Financial 
Benefits Act of 2007''.

SEC. 2. MODIFICATION OF ELIGIBLE RECIPIENTS OF DEATH GRATUITY WITH 
              RESPECT TO MEMBERS OF THE ARMED FORCES.

    Paragraph (2) of section 1477(a) of title 10, United States Code, 
is amended to read as follows:
            ``(2) His children (as prescribed by subsection (b)) or 
        such guardians or caretakers of his children (as so prescribed) 
        as he shall specify, in such proportions as he shall 
        specify.''.

SEC. 3. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT CHILDREN 
              UNDER SURVIVOR BENEFIT PLAN.

    (a) Election.--Section 1448(b) of title 10, United States Code, is 
amended--
            (1) in the subsection caption, by striking ``and Former 
        Spouse'' and inserting ``, Former Spouse, and Guardian or 
        Caretaker''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Guardian or caretaker coverage.--
                    ``(A) General rule.--A person who is not married 
                and has one or more dependent children upon becoming 
                eligible to participate in the Plan may elect to 
                provide an annuity under the Plan to a natural person 
                (other than a natural person with an insurable interest 
                in the person under paragraph (1) or a former spouse) 
                who acts as a guardian or caretaker to such child or 
                children. In the case of a person providing a reserve-
                component annuity, such an election shall include a 
                designation under subsection (e).
                    ``(B) Termination of coverage.--Subparagraphs (B) 
                through (E) of paragraph (1) shall apply to an election 
                under subparagraph (A) of this paragraph in the same 
                manner as such subparagraphs apply to an election under 
                subparagraph (A) of paragraph (1).
                    ``(C) Election of new beneficiary upon death of 
                previous beneficiary.--Subparagraph (G) of paragraph 
                (1) shall apply to an election under subparagraph (A) 
                of this paragraph in the same manner as such 
                subparagraph (G) applies to an election under 
                subparagraph (A) of paragraph (1), except that any new 
                beneficiary elected under such subparagraph (G) by 
                reason of this subparagraph shall be a guardian or 
                caretaker of the dependent child or children of the 
                person making such election.''.
    (b) Payment of Annuity.--Section 1450 of such title is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(5) Guardian or caretaker coverage.--The natural person 
        acting as a guardian or caretaker of the dependent child or 
        children of the person designated under section 1448(b)(6) of 
        this title, unless the election to provide an annuity to the 
        natural person has been changed as provided in subsection 
        (f).''; and
            (2) in the subsection caption of subsection (f), by 
        striking ``or Former Spouse'' and inserting ``, Former Spouse, 
        or Guardian or Caretaker''.
    (c) Amount of Annuity.--Section 1451(b) of such title is amended--
            (1) in the subsection caption, by inserting ``or Guardian 
        or Caretaker'' after ``Insurable Interest''; and
            (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' 
        each place it appears in paragraphs (1) and (2).
    (d) Reduction in Retired Pay.--Section 1452(c) of such title is 
amended--
            (1) in the subsection caption, by inserting ``or Guardian 
        or Caretaker'' after ``Insurable Interest''; and
            (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' 
        each place it appears in paragraphs (1) and (3).

SEC. 4. IMPROVEMENTS OF PRE-DEPLOYMENT COUNSELING AND SERVICES FOR 
              MEMBERS OF THE ARMED FORCES.

    (a) Panel.--The Secretary of Defense shall appoint, from among 
individuals in the private sector qualified for such purpose, a panel 
of individuals to--
            (1) review the pre-deployment counseling and services 
        provided by the military departments to unmarried members of 
        the Armed Forces with dependent children;
            (2) identify best practices among such counseling and 
        services; and
            (3) recommend such improvements in such counseling and 
        services (including improvements in such best practices) as the 
        panel considers appropriate.
    (b) Required Actions.--In carrying out its duties under subsection 
(a), the panel appointed under that subsection shall--
            (1) identify best practices in the pre-deployment 
        counseling and services provided by the military departments to 
        unmarried members of the Armed Forces with dependent children, 
        including best practices with respect to counseling and 
        services on--
                    (A) death benefits available to survivors of 
                members of the Armed Forces;
                    (B) dependency and indemnity compensation benefits 
                available under chapter 13 of title 38, United States 
                Code;
                    (C) Servicemembers' Group Life Insurance under 
                subchapter III of chapter 19 of title 38, United States 
                Code;
                    (D) traumatic injury protection under section 1980A 
                of title 38, United States Code;
                    (E) the Survivor Benefit Plan under subchapter II 
                of chapter 73 of title 10, United States Code;
                    (F) benefits payable under the Social Security Act; 
                and
                    (G) the preparation, maintenance, and 
                administration of family care plans, including elements 
                of such plans relating to death benefits, wills and 
                powers of attorney, trusts, maintenance and 
                safeguarding during deployment, and acknowledgment of 
                specific guardian and caretaker duties (including 
                beneficiary designation), and administrative 
                requirements (including command endorsement) relating 
                to such plans;
            (2) identify best practices in the pre-deployment 
        counseling and services provided by the military departments to 
        unmarried members of the Armed Forces without dependent 
        children, and married members of the Armed Forces (whether with 
        or without dependent children), including best practices with 
        respect to counseling and services on each of the matters set 
        forth in subparagraphs (A) through (F) of paragraph (1);
            (3) identify best practices among the military departments 
        in the deployment and availability of counseling and services 
        for such members at so-called ``Pre-Deployment Centers'', 
        including best practices with respect to--
                    (A) the availability of counseling on legal 
                matters;
                    (B) the availability of counseling on financial 
                matters;
                    (C) the involvement of family support groups in 
                such counseling;
                    (D) the availability of screening necessary for 
                current or future determinations regarding post-
                traumatic stress disorder (PTSD);
                    (E) the availability of counseling for suicide 
                prevention; and
                    (F) the provision and scope of training for pre-
                deployment counselors;
            (4) identify, from among the best practices identified 
        under paragraphs (1), (2), and (3), best practices to be 
        adopted across the military departments in order to ensure the 
        uniform availability to such members of meaningful and 
        effective pre-deployment counseling and services; and
            (5) make such recommendations in any practices identified 
        under paragraph (4) as the panel considers appropriate to 
        enhance the counseling and services identified under that 
        paragraph.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the panel appointed under subsection (a) shall 
submit to the Secretary and the congressional defense committees a 
report on its actions under this section. The report shall set forth in 
comprehensive detail the best practices identified under subsection 
(b)(4) and any recommendations for improvements in such best practices 
made under subsection (b)(5).
    (d) Implementation.--Not later than 120 days after the date of the 
receipt of the report required by subsection (c), the Secretary shall 
ensure the implementation by the military departments of the best 
practices identified under subsection (b)(4), together with any 
improvements recommended under subsection (b)(5).
    (e) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
            (1) the Committees on Armed Services and Appropriations of 
        the Senate; and
            (2) the Committees on Armed Services and Appropriations of 
        the House of Representatives.
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