[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Page S3231]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1706. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 4049, to authorize appropriations for fiscal year
2021 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 subtitle A of title VI, add the following:
SEC. 603. BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE ARMED
FORCES AND THEIR FAMILIES.
(a) In General.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 402a the following new
section:
``Sec. 402b. Basic needs allowance for low-income members
``(a) Allowance Required.--The Secretary concerned shall
pay to each member of the armed forces described in
subsection (b), whether with or without dependents, a monthly
basic needs allowance in the amount determined for such
member under subsection (c).
``(b) Members Entitled to Allowance.--
``(1) In general.--A member of the armed forces is entitled
to receive the allowance described in subsection (a) for a
year if--
``(A) the gross household income of the member during the
year preceding such year did not exceed an amount equal to
130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the member's household for such year;
and
``(B) the member does not elect under subsection (e) not to
receive the allowance for such year.
``(2) Exclusion of bah from gross household income.--In
determining the gross household income of a member for a year
for purposes of paragraph (1)(B) there shall be excluded any
basic allowance for housing (BAH) received by the member (and
any dependents of the member in the member's household)
during such year under section 403 of this title.
``(3) Household with more than one eligible member.--In the
event a household contains two or more members entitled to
receive the allowance under subsection (a) for a year, only
one allowance shall be paid under that subsection for such
year to such member among such members as such members shall
jointly elect.
``(c) Amount of Allowance; Months Constituting Year of
Payment.--
``(1) Amount.--The amount of the monthly allowance payable
to a member under subsection (a) for a year shall be--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the member's household for such year;
minus
``(ii) the gross household income of the member during the
preceding year; and
``(B) divided by 12.
``(2) Months constituting year of payment.--The monthly
allowance payable to a member for a year shall be payable for
each of the 12 months following March of such year.
``(d) Notice of Eligibility.--
``(1) Preliminary notice of eligibility.--Not later than
December 31 each year, the Director of the Defense Finance
and Accounting Service shall notify, in writing, each member
of the armed forces whose aggregate amount of basic pay and
compensation for service in the armed forces during such year
is estimated to not exceed the amount equal to 130 percent of
the Federal poverty guidelines of the Department of Health
and Human Services for the location and number of persons in
the member's household for such year of the member's
potential entitlement to the allowance described in
subsection (a) for the following year.
``(2) Information to determine entitlement.--Not later than
January 31 each year, each member seeking to receive the
allowance for such year (whether or not subject to a notice
for such year under paragraph (1)) shall submit to the
Director such information as the Director shall require for
purposes of this section in order to determine whether or not
such member is entitled to receive the allowance for such
year.
``(3) Notice of entitlement.--Not later than February 28
each year, the Director shall notify, in writing, each member
determined by the Director to be entitled to receive the
allowance for such year.
``(e) Election Not to Receive Allowance.--
``(1) In general.--A member otherwise entitled to receive
the allowance described in subsection (a) for a year may
elect, in writing, not to receive the allowance for such
year. Any election under this subsection shall be effective
only for the year for which made. Any election for a year
under this subsection is irrevocable.
``(2) Deemed election.--A member who does not submit
information described in subsection (d)(2) for a year as
otherwise required by that subsection shall be deemed to have
elected not to receive the allowance for such year.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
Such regulations shall specify the income to be included in,
and excluded from, the gross household income of members for
purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 402a the following new
item:
``402b. Basic needs allowance for low-income members.''.
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