[Congressional Record Volume 147, Number 83 (Thursday, June 14, 2001)]
[Senate]
[Pages S6319-S6320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself, Mr. Inouye, Mr. Hutchinson, and 
        Mr. Stevens):
  S. 1037. A bill to amend title 10, United States Code, to authorize 
disability retirement to be granted posthumously for members of the 
Armed Forces who die in the line of duty while on active duty, and for 
other purposes; to the Committee on Armed Services.
  Mrs. HUTCHISON. Mr. President, I am pleased to be joined by Senator 
Inouye and Senator Hutchinson to offer legislation on a very important 
issue for those military men and women who serve our country every day. 
Our current military retirement

[[Page S6320]]

system, I have come to understand, has a serious flaw on it.
  We often memorialize those soldiers, sailors, and airmen who died in 
combat, but too often we forget that service men and women die 
frequently during daily operations or while training. In the past five 
years, 2,206 military families lost their spouse, father or mother 
while serving their country. In just the past year we have mourned the 
loss of the sailors on the USS Cole, Air Force pilots in Scotland, and 
soldiers in helicopter crashes in Hawaii, and Vietnam. What is not 
fully understood is that their families do not receive their full 
retirement pensions in many cases. Because service members are not 
vested in their retirement system until the day they retire active duty 
personnel do not qualify for a retirement pension unless the services 
medically retire them before death. This has caused hardships to 
families and necessitated extraordinary efforts by commanders and 
medical and manpower personnel.
  Most Americans, and even many in uniform, do not understand that this 
affects those with one year of service as well as those with thirty. If 
these military members were in the Federal service system, or a 
policeman in Arizona, their family would be able to receive part of 
their pension. This bill will correct that inequity by amending 
Sections 1222 and 1448 of Title 10 U.S.C. and allowing members of the 
armed forces on active duty who die while serving in the line of duty 
to be posthumously retired. In addition, the bill would allow the 
services to ensure the family is given the best choice of benefits 
based on their individual situation. This is the least we can do when 
they make the ultimate sacrifice for their country.
  Though we have not been involved in a major conflict in more than ten 
years, every day we deploy our military to many more places than we did 
just a decade ago. The day-to-day activities of our armed forces are 
inherently dangerous. If we are going to maintain and recruit a quality 
force, we must reassure those who serve that we are going to provide 
for their family. I believe that Brigadier General William Caldwell, 
Assistant Division Commander of the 25th Infantry Division, said it 
best, ``Everything we do is complex.'' BG Caldwell made this comment 
after the crash of two helicopters in Hawaii that killed six members of 
the 25th Infantry Division. That sums up the situation perfectly.
  This bill will be a step in the right direction and is a way to help 
repay our debt to our military and their families. Not only is it the 
right thing and fair thing to do, but during these times of increased 
deployments and personnel shortages, it is in our national interest to 
continue to show our dedicated service members that we appreciate their 
sacrifice and commitment.
  I commend the Senator from Hawaii for his support on this issue and 
urge other Senators to join us in this effort.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1037

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

     SECTION 1. POSTHUMOUS DISABILITY RETIREMENT FOR MEMBERS OF 
                   THE ARMED FORCES WHO DIE IN THE LINE OF DUTY 
                   WHILE ON ACTIVE DUTY.

       (a) Authority.--Chapter 61 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1222. Posthumous retirement: retroactive effective 
       date; related elections

       ``(a) Authority.--Upon a determination by the Secretary 
     concerned that it is advantageous for the survivors of a 
     member of the armed forces who dies in the line of duty while 
     on active duty, the Secretary concerned may--
       ``(1) posthumously retire the member under section 1201 of 
     this title effective immediately before the member's death; 
     and
       ``(2) make for the deceased member any election with 
     respect to survivor benefits under laws referred to in 
     subsection (c) that the deceased member would have been 
     entitled to make upon being retired under that section.
       ``(b) Construction With Section 1201 Requirements.--Nothing 
     in this section modifies the requirements set forth in 
     section 1201 of this title regarding determinations or 
     eligibility.
       ``(c) Administration of Benefits Laws.--A retirement and 
     election under subsection (a) shall be effective for the 
     purposes of laws administered by the Secretary of Defense or 
     any Secretary concerned and laws administered by the 
     Secretary of Veterans Affairs.
       ``(d) Nonreviewability of Determinations.--A determination 
     or election made by a Secretary concerned under subsection 
     (a) is not subject to judicial review.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1222. Posthumous retirement: retroactive effective date; related 
              elections.''.

     SEC. 2. SURVIVOR BENEFIT PLAN.

       (a) Surviving Spouse Annuity.--Section 1448(d) of title 10, 
     United States Code, is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Surviving spouse annuity.--The Secretary concerned 
     shall pay an annuity under this subchapter to the surviving 
     spouse of a member who--
       ``(A) dies in the line of duty while on active duty after--
       ``(i) becoming eligible to receive retired pay;
       ``(ii) qualifying for retired pay except that the member 
     has not applied for or been granted that pay; or
       ``(iii) completing 20 years of active service but before 
     the member is eligible to retire as a commissioned officer 
     because the member has not completed 10 years of active 
     commissioned service; or
       ``(B) dies in the line of duty while on active duty and is 
     posthumously retired under section 1201 of this title 
     pursuant to section 1222 of this title.''.
       (b) Dependent Child Annuity.--Paragraph (2) of such section 
     is amended by striking ``or if the member's surviving spouse 
     subsequently dies'' and inserting ``or if the payment of an 
     annuity to the member's surviving spouse under that paragraph 
     subsequently terminates''.
       (c) Computation of Survivor Annuity.--Section 1451(c) of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) Service members posthumously retired.--In the case of 
     an annuity provided under section 1448(d)(1)(B) of this 
     title, the retired pay to which the member would have been 
     entitled when the member died shall be determined for 
     purposes of paragraph (1) based upon the retired pay base 
     computed for the member under section 1406(b) or 1407 of this 
     title as if the member had been retired under section 1201 of 
     this title on the date of the member's death.''.
       (d) Conforming Amendment.--Section 1451(c)(3) of such title 
     is amended by striking ``section 1448(d)(1)(B) or 
     1448(d)(1)(C)'' and inserting ``clause (ii) or (iii) of 
     section 1448(d)(1)(A)''.

     SEC. 3. EFFECT DATE AND APPLICABILITY.

       This Act and the amendments made by this Act shall take 
     effect on the date of the enactment of this Act and shall 
     apply with respect to deaths of members of the Armed Forces 
     occurring on or after that date.
                                 ______