[Congressional Record Volume 147, Number 120 (Friday, September 14, 2001)]
[Senate]
[Pages S9441-S9442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 1427. 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 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. 1427

       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

[[Page S9442]]

     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, 
     except that the Secretary may not make an election under 
     section 1448(b)(1) or 1458 of this title.
       ``(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. EFFECTIVE DATE AND APPLICABILITY.

       This Act and the amendments made by this Act shall take 
     effect on September 10, 2001, and shall apply with respect to 
     deaths of members of the Armed Forces occurring on or after 
     that date.
                                 ______