[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Page S11902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           OPERATION DESERT SHIELD AVIATION CONTINUATION PAY

  Mr. SPECTER. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. 2584.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2584) to provide aviator continuation pay for 
     military members killed in Operation Desert Shield.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SPECTER. Mr. President, this legislation is introduced to correct 
a legislative inequity that has adversely affected one of my 
constituents, Mrs. Vicki Reid of Dauphin, Pennsylvania.
  At the time of his death in Operation Desert Shield, Captain 
Frederick Reid was serving as a United States Air Force pilot. The Air 
Force had authorized an Aviator Continuation Pay contract contingent 
upon his continuing to serve in the Air Force. Unfortunately, on 
October 10, 1990, Captain Reid was killed during a flight training 
operation.
  The Defense Department policy at the time was that one's death 
precluded receiving the continuation pay. Congress responded by 
enacting the Mack Amendment, under which families of pilots killed in 
action during Operation Desert Storm are entitled to the deceased 
pilot's Aviator Continuation Pay. This provision of the fiscal year 
1992 Defense Appropriations Act (P.L. 102-172) stipulates that in order 
to collect the Aviator Continuation Pay, the pilot must have died 
during Operation Desert Storm (on or after January 17, 1991), but 
excludes those pilots killed in Operation Desert Shield.
  By letter to me dated August 3, 1998 from Under Secretary Rudy De 
Leon, the Department of Defense has confirmed that Captain Reid was the 
only U.S. Air Force pilot killed in Operation Desert Shield who was 
entitled to Aviator Continuation Pay and that approximately $58,000 of 
Captain Reid's Aviator Continuation Pay was unpaid at the time of his 
death. In a September 11, 1998 letter to me, the Air Force has 
expressed its support for an extension of the Mack Amendment to cover 
the Reid case.
  While private relief legislation is a last resort to be used 
sparingly by the Congress, Captain Reid's service and dedication to his 
country are laudatory. Had he died only a few months later, his widow 
would have been justly compensated. Accordingly, I am introducing this 
bill today.
  Mr. President, I ask unanimous consent that a letter from the 
Department of Defense and a letter from the Air Force be printed in the 
Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                            Department of Defense,


                                   Under Secretary of Defense,

                                   Washington, DC, August 3, 1998.
     Hon. Arlen Specter,
     U.S. Senate,
     Washington, DC.
       Dear Senator Specter: This responds to your letter of July 
     2, 1998, to Secretary Cohen concerning Aviation Continuation 
     Pay (ACP) due to pilots at the time of their death while 
     serving in Operation Desert Shield.
       A review of files pertaining to the members who died while 
     serving in Desert Shield indicate that, of the eight pilots 
     who died during that operation, only Captain Reid was serving 
     under an ACP bonus contract at the time of his death. 
     Approximately $58,000 of that bonus was left unpaid due to 
     Captain Reid's death and would be payable to his widow should 
     legislation be enacted to extend the Mack Amendment to P.L. 
     102-172 to cover members killed in Operation Desert Shield.
       I appreciate the concern you have shown about this issue. 
     Please contact me if you require any further information.
           Sincerely,
     Rudy de Leon.
                                  ____

                                            Department of Defense,


                                  Department of the Air Force,

                               Washington, DC, September 11, 1998.
     Hon. Arlen Specter,
     U.S. Senator,
     Philadelphia, PA.
       Dear Mr. Specter: This responds to your inquiry for Ms. 
     Vicki Reid and the possibility of receiving the remaining 
     portion of her late husband's, Captain Frederick Reid, 
     Aviator Continuation Pay (ACP).
       As currently codified in Section 301b, Title 37, United 
     States Code, ACP is paid upon the acceptance of a written 
     agreement to remain on active duty. Members who do not 
     complete the total period of service under the terms of that 
     agreement, even as a result of death while in military 
     service, are not entitled to the unearned portion of the 
     compensation. Current law does not permit the Air Force to 
     pay Ms. Reid the approximately $58,000 remaining on her 
     husband's agreement.
       Air Force officials are aware of the possibility of 
     extending the Mack Amendment to cover members killed in 
     Operation Desert Shield and strongly support this initiative. 
     The Air Force officials sincerely appreciate the dedication 
     to duty exemplified by Captain Reid.
       We trust you will find this information helpful.
           Sincerely,
     Marcia Rossi,
       Lt. Col. USAF, Congressional Inquiry Division, Office of 
     Legislative Liaison.

  Mr. SPECTER. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill appear at this 
point in the Record.
  Mr. DORGAN. Mr. President, reserving the right to object--I will not 
object--I want to inquire, has that been cleared on this side?
  Mr. SPECTER. It has been cleared on the other side of the aisle. It 
provides for aviator continuation pay for Air Force personnel killed in 
Operation Desert Shield. It is for a Pennsylvania constituent, as I 
understand it, the only one who has not been so compensated.
  Mr. DORGAN. I thank the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2584) was passed, as follows:

                                S. 2584

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

     SECTION 1. OPERATION DESERT SHIELD AVIATOR CONTINUATION PAY.

       Section 8135(b) of the Department of Defense Appropriations 
     Act, 1992 (Public Law 102-172; 105 Stat. 1212; 37 U.S.C. 301b 
     note) is amended--
       (1) by striking out ``January 17, 1991'' and inserting in 
     lieu thereof ``August 2, 1990''; and
       (2) by inserting ``(regardless of the date of the 
     commencement of combatant activities in such zone as 
     specified in that Executive Order)'' after ``as a combat 
     zone''.

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