[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Pages S3567-S3568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4499. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 647. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR 
                   SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE 
                   IN THE LINE OF DUTY DURING INACTIVE-DUTY 
                   TRAINING.

       (a) Treatment of Inactive-duty Training in Same Manner as 
     Active Duty.--
       (1) In general.--Section 1451(c)(1)(A) of title 10, United 
     States Code, is amended--
       (A) in clause (i)--

[[Page S3568]]

       (i) by inserting ``or 1448(f)'' after ``section 1448(d)''; 
     and
       (ii) by inserting ``or (iii)'' after ``clause (ii)''; and
       (B) in clause (iii)--
       (i) by striking ``section 1448(f) of this title'' and 
     inserting ``section 1448(f)(1)(A) of this title by reason of 
     the death of a member or former member not in line of duty''; 
     and
       (ii) by striking ``active''.
       (2) Application of amendments.--No annuity benefit under 
     the Survivor Benefit Plan shall accrue to any person by 
     reason of the amendments made by paragraph (1) for any period 
     before the date of the enactment of this Act. With respect to 
     an annuity under the Survivor Benefit Plan for a death 
     occurring on or after September 10, 2001, and before the date 
     of the enactment of this Act, the Secretary concerned shall 
     recompute the benefit amount to reflect such amendments, 
     effective for months beginning after the date of the 
     enactment of this Act.
       (b) Consistent Treatment of Dependent Children.--Section 
     1448(f) of such title is amended by adding at the end the 
     following new paragraph:
       ``(5) Dependent children annuity.--
       ``(A) Annuity when no eligible surviving spouse.--In the 
     case of a person described in paragraph (1), the Secretary 
     concerned shall pay an annuity under this subchapter to the 
     dependent children of that person under section 1450(a)(2) of 
     this title as applicable.
       ``(B) Optional annuity when there is an eligible surviving 
     spouse.--The Secretary may pay an annuity under this 
     subchapter to the dependent children of a person described in 
     paragraph (1) under section 1450(a)(3) of this title, if 
     applicable, instead of paying an annuity to the surviving 
     spouse under paragraph (1), if the Secretary concerned, in 
     consultation with the surviving spouse, determines it 
     appropriate to provide an annuity for the dependent children 
     under this paragraph instead of an annuity for the surviving 
     spouse under paragraph (1).''.
       (c) Deemed Elections.--
       (1) In general.--Section 1448(f) of title 10, United States 
     Code, as amended by subsection (b), is further amended by 
     adding at the end the following new paragraph:
       ``(6) Deemed election to provide an annuity for 
     dependent.--In the case of a person described in paragraph 
     (1) who dies after November 23, 2003, the Secretary concerned 
     may, if no other annuity is payable on behalf of that person 
     under this subchapter, pay an annuity to a natural person who 
     has an insurable interest in such person as if the annuity 
     were elected by the person under subsection (b)(1). The 
     Secretary concerned may pay such an annuity under this 
     paragraph only in the case of a person who is a dependent of 
     that deceased person (as defined in section 1072(2) of this 
     title). An annuity under this paragraph shall be computed in 
     the same manner as provided under subparagraph (B) of 
     subsection (d)(6) for an annuity under that subsection.''.
       (2) Effective date.--No annuity payment under paragraph (6) 
     of section 1448(f) of title 10, United States Code, as added 
     by paragraph (1) of this subsection, may be made for any 
     period before the date of the enactment of this Act.
       (d) Availability of Special Survivor Indemnity Allowance.--
       (1) Availability.--Section 1450(m)(1)(B) of title 10, 
     United States Code, is amended by inserting ``or (f)'' after 
     ``subsection (d)''.
       (2) Effective date.--No payment under section 1450(m) of 
     title 10, United States Code, by reason of the amendment made 
     by paragraph (1) may be made for any period before the date 
     of the enactment of this Act.
                                 ______