[Congressional Record Volume 147, Number 123 (Thursday, September 20, 2001)]
[Senate]
[Pages S9559-S9560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1585. Mrs. HUTCHISON (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by her to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VI, add the following:

     SEC. 652. SBP ELIGIBILITY OF SURVIVORS OF RETIREMENT-
                   INELIGIBLE MEMBERS OF THE UNIFORMED SERVICES 
                   WHO DIE WHILE ON ACTIVE DUTY.

       (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) a member who dies 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) a member not described in subparagraph (A) who dies 
     in line of duty while on active duty.''.
       (b) Computation of Survivor Annuity.--Section 1451(c)(1) of 
     title 10, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``based upon his years of active service 
     when he died.'' and inserting ``based upon the following:''; 
     and
       (B) by adding at the end the following new clauses:
       ``(i) In the case of an annuity payable under section 
     1448(d) of this title by reason of the death of a member in 
     line of duty, 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 with a disability rated as total.
       ``(ii) In the case of an annuity payable under section 
     1448(d)(1)(A) of this title by reason of the death of a 
     member not in line of duty, the member's years of active 
     service when he died.
       ``(iii) In the case of an annuity under section 1448(f) of 
     this title, the member's years of active service when he 
     died.''; and
       (2) in subparagraph (B)(i), by striking ``if the member or 
     former member'' and all that follows and inserting ``as 
     described in subparagraph (A).''.
       (c) Conforming Amendments.--(1) The heading for subsection 
     (d) of section 1448 of such title is amended by striking 
     ``Retirement-Eligible''.
       (2) Subsection (d)(3) of such section is amended by 
     striking ``1448(d)(1)(B) or 1448(d)(1)(C)'' and inserting 
     ``clause (ii) or (iii) of section 1448(d)(1)(A)''.
       (d) Extension and Increase of Objectives for Receipts From 
     Disposals of Certain Stockpile Materials Authorized for 
     Several Fiscal Years Beginning With Fiscal Year 1999.--
     Section 3303(a) of the Strom Thurmond National Defense 
     Authorization

[[Page S9560]]

     Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2262; 
     50 U.S.C. 98d note) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) in paragraph (4)--
       (A) by striking ``$720,000,000'' and inserting 
     ``$760,000,000''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) $770,000,000 by the end of fiscal year 2011.''.
       (e) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect as of 
     September 10, 2001, and shall apply with respect to deaths of 
     members of the Armed Forces occurring on or after that date.
                                  ____

  SA 1586. Mr. THURMOND (for himself, Mr. Lott, Mr. Bond, Mr. Inouye, 
Mr. Cleland, Mr. Hutchinson, Mr. McCain, Mr. Lugar, Mr. Reid, Mr. 
Sessions, Mrs. Hutchison, Mr. DeWine, Ms. Landrieu, Mr. Lieberman, Mr. 
Shelby, Ms. Collins, Mr. Breaux, Mr. Dodd, Mr. Johnson, Mr. Allen, Mr. 
Bennett, Mr. Bingaman, Mrs. Carnahan, Mr. Crapo, Mr. Ensign, Mr. Helms, 
Mr. Inhofe, Mr. Jeffords, Mr. Kerry, Mrs. Lincoln, Mrs. Murray, Ms. 
Snowe, Mr. Torricelli, and Ms. Cantwell) submitted an amendment 
intended to be proposed by him to the bill S. 1416, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 226, between lines 12 and 13, insert the following:

     SEC. 652. COMPUTATION OF SURVIVOR BENEFITS.

       (a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) 
     of section 1451 of title 10, United States Code, is amended 
     by striking ``35 percent of the base amount.'' and inserting 
     ``the product of the base amount and the percent applicable 
     for the month. The percent applicable for a month is 35 
     percent for months beginning on or before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2002, 40 percent for months beginning after such 
     date and before October 2005, and 45 percent for months 
     beginning after September 2005.''.
       (2) Subsection (a)(2)(B)(i)(I) of such section is amended 
     by striking ``35 percent'' and inserting ``the percent 
     specified under subsection (a)(1)(B)(i) as being applicable 
     for the month''.
       (3) Subsection (c)(1)(B)(i) of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) The heading for subsection (d)(2)(A) of such section is 
     amended to read as follows: ``Computation of annuity.--''.
       (b) Adjusted Supplemental Annuity.--Section 1457(b) of 
     title 10, United States Code, is amended--
       (1) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (2) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     on or before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2002, 15 percent 
     for months beginning after that date and before October 2005, 
     and 10 percent for months beginning after September 2005.''.
       (c) Recomputation of Annuities.--(1) Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) The requirements for recomputation of annuities under 
     paragraph (1) apply with respect to the following months:
       (A) The first month that begins after the date of the 
     enactment of this Act.
       (B) October 2005.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.

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