[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[Senate]
[Pages 6033-6035]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 333. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


 EXTENSION OF PERIOD OF TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR 
HOUSING FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO DIE ON ACTIVE 
                                  DUTY

       Sec. 1122. Section 403(1) of title 37, United States Code, 
     is amended by striking ``180 days'' each place it appears and 
     inserting ``365 days''.
                                 ______
                                 
  SA 334. Mr. KERRY (for himself and Mr. Pryor) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 159, strike line 6 and all that follows through 
     page 160, line 22, and insert the following:
       Sec. 1112. (a) Increase in Death Gratuity.--
       (1) Amount.--Section 1478(a) of title 10, United States 
     Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on October 7, 2001, and shall apply with 
     respect to deaths occurring on or after that date.
       (3) No adjustment for increases in basic pay before date of 
     enactment.--No adjustment shall be made under subsection (c) 
     of section 1478 of title 10, United States Code, with respect 
     to the amount in force under subsection (a) of that section, 
     as amended by paragraph (1), for any period before the date 
     of the enactment of this Act.
       (4) Payment for deaths before date of enactment.--Any 
     additional amount payable as a death gratuity under this 
     subsection for the death of a member of the Armed Forces 
     before the date of the enactment of this Act shall be paid to 
     the eligible survivor of the member previously paid a death 
     gratuity under section 1478 of title 10, United States Code, 
     for the death of the member. If payment cannot be made to 
     such survivor, payment of such amount shall be made to living 
     survivor of the member otherwise highest on the list under 
     1477(a) of title 10, United States Code.
       On page 161, line 23, strike ``$238,000'' and insert 
     ``$150,000''.
                                 ______
                                 
  SA 335. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for

[[Page 6034]]

the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 170 between lines 15 and 15, insert the following:

                               CHAPTER 3

     SEC. 1201. SHORT TITLE.

       This chapter may be cited as the ``Patriot Penalty 
     Elimination Act of 2005''.

     SEC. 1202. INCOME PRESERVATION PAY FOR RESERVES SERVING ON 
                   ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, is amended by inserting after section 12316 the 
     following new section:

     ``Sec. 12316a. Reserves: income preservation pay

       ``(a) Requirement To Pay.--The Secretary of the military 
     department concerned shall pay income preservation pay under 
     this section to an eligible member of a reserve component of 
     the armed forces in connection with the member's active-duty 
     service as described in subsection (b).
       ``(b) Eligible Member.--A member is eligible for income 
     preservation pay if--
       ``(1) in the case of a member who is an employee of the 
     Federal Government--
       ``(A) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(B) pursuant to such call or order, the member serves on 
     active duty outside the United States during at least 6 out 
     of 12 consecutive months; and
       ``(C) with respect to such active-duty service, the amount 
     of the member's preservice earned income determined under 
     subparagraph (A) of subsection (c)(1) exceeds the amount of 
     the member's military service income determined under 
     subparagraph (B) of such subsection; or
       ``(2) in the case of any other member, the member--
       ``(A) meets the requirements of paragraph (1); and
       ``(B) is not receiving employment income preservation 
     payments from the qualifying employer of the member as 
     described in section 12316b of this title.
       ``(c) Amount.--(1) Subject to paragraph (2), the amount 
     payable under this section to a member in connection with 
     active-duty service is the amount equal to the excess (if 
     any) of--
       ``(A) the amount computed by multiplying--
       ``(i) the preservice average monthly earned income of the 
     member, by
       ``(ii) the total number of the member's service months for 
     such active-duty service, over
       ``(B) the amount computed by multiplying--
       ``(i) the military service average monthly income of the 
     member, by
       ``(ii) the total number of months determined under 
     subparagraph (A)(ii).
       ``(2) The total amount of income preservation pay that is 
     paid to a member under this section may not exceed $10,000.
       ``(d) Preservice Average Monthly Earned Income.--For the 
     purposes of this section, the preservice average monthly 
     earned income of a member who serves on active duty as 
     described in subsection (b) shall be computed by dividing 12 
     into the total amount of the member's earned income for the 
     12 months immediately preceding the member's first service 
     month of the period for which income preservation pay is to 
     be paid to the member under this section.
       ``(e) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (b) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay) and the total amount of the 
     member's basic pay (under section 204 of title 37) for the 
     member's service months for such active-duty service, by
       ``(2) the total number of such months.
       ``(f) Time and Manner of Payment.--(1) Subject to paragraph 
     (2), the total amount of income preservation pay that is 
     payable under this section to a member in connection with 
     service on active duty is due and payable, in one lump sum, 
     not later than 30 days after the date on which the member is 
     released from the active duty.
       ``(2) The Secretary concerned may make advance payment of 
     income preservation pay in whole or in part under this 
     section to a member, under such terms and conditions as the 
     Secretary determines appropriate, if it is clear from the 
     circumstances that it is likely that the member's active-duty 
     service will satisfy the requirements of subsection (b). In 
     any case in which advance payment is made to a member whose 
     period of such active-duty service does not satisfy such 
     requirements, the Secretary concerned may waive recoupment of 
     the advance payment if the Secretary determines that 
     recoupment would be against equity and good conscience or 
     would be contrary to the best interests of the United States.
       ``(g) Definitions.--In this section:
       ``(1) The term ``earned income'' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(2) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Recharacterization of Existing Section on Payment of 
     Certain Reserves on Active Duty.--The heading of section 
     12316 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 12316. Reserves: payment of other entitlement instead 
       of pay and allowances''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, is 
     amended by striking the item relating to section 12316 and 
     inserting the following new items:

``12316. Reserves: payment of other entitlement instead of pay and 
              allowances.
``12316a. Reserves: income preservation pay.''.

       (d) Effective Date.--Section 12316a of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.

     SEC. 1203. EMPLOYMENT INCOME PRESERVATION ASSISTANCE GRANTS 
                   FOR EMPLOYERS OF RESERVES.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, as amended by section 1202(a) of this chapter, is 
     further amended by inserting after section 12316a the 
     following new section:

     ``Sec. 12316b. Reserves: employment income preservation 
       assistance grants for employers of reserves

       ``(a) Requirement To Make Grants.--The Secretary of the 
     military department concerned shall make a grant to each 
     qualifying employer to assist such employer in making 
     employment income preservation payments to a covered member 
     of a reserve component of the armed forces who is an employee 
     of such employer to assist the member in preserving the 
     preservice average monthly wage or salary of the member in 
     connection with the member's active-duty service as described 
     in subsection (c).
       ``(b) Qualifying Employer.--(1) Except as provided in 
     paragraph (2), for the purposes of this section, a qualifying 
     employer is any employer who makes employment income 
     preservation payments to a covered member to assist the 
     member in preserving the preservice average monthly wage or 
     salary of the member in connection with the member's active-
     duty service as described in subsection (c).
       ``(2) A State or local government is not a qualifying 
     employer for the purpose of this section.
       ``(c) Covered Member.--For the purposes of this section, a 
     member is a covered member if--
       ``(1) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(2) pursuant to such call or order, the member serves on 
     active duty outside the United States during at least 6 out 
     of 12 consecutive months; and
       ``(3) with respect to such active-duty service, the amount 
     of the member's preservice average monthly wage or salary (as 
     determined under subsection (e)) exceeds the amount of the 
     member's military service average monthly income (as 
     determined under subsection (f)).
       ``(d) Employment Income Preservation Payments.--(1) For the 
     purposes of this section, employment income preservation 
     payments are any payments made by a qualifying employer to a 
     covered member in connection with the active-duty service of 
     the member described in subsection (c) in order to make up 
     any excess of the member's preservice average monthly wage or 
     salary over the member's military service average monthly 
     income.
       ``(2) The total amount of employment income preservation 
     payments with respect to a covered member for which a grant 
     may be made under subsection (a) may not exceed $10,000.
       ``(e) Preservice Average Monthly Wage or Salary.--For the 
     purposes of this section, the preservice average monthly wage 
     or salary of a covered member who serves on active duty as 
     described in subsection (c) shall be computed by dividing--
       ``(1) the number of months of employment of the member with 
     the qualifying employer during the 12-month period preceding 
     the member's commencement on active duty as described in 
     subsection (c); into

[[Page 6035]]

       ``(2) the total amount of the member's wage or salary paid 
     by the qualifying employer during such months.
       ``(f) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (c) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay) and the total amount of the 
     member's basic pay (under section 204 of title 37) for the 
     member's service months for such active-duty service, by
       ``(2) the total number of such months.
       ``(g) Definitions.--In this section:
       ``(1) The term ``earned income'' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(2) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, as 
     amended by section 1202(c) of this chapter, is further by 
     inserting after the item relating to section 12316a the 
     following new item:

``12316b. Reserves: income preservation assistance grants for employers 
              of reserves.''.
       (c) Effective Date.--Section 12316b of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.
                                 ______
                                 
  SA 336. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:

     SEC. 1122. FUNDING FOR VETERANS HEALTH ADMINISTRATION FOR 
                   HEALTH CARE FOR VETERANS WHO SERVE ABROAD IN 
                   THE GLOBAL WAR ON TERRORISM.

       (a) Transfer from Operation and Maintenance Accounts.--The 
     Secretary of Defense shall transfer to the Secretary of 
     Veterans Affairs, from amounts appropriated or otherwise made 
     available by this Act for the Operation and Maintenance 
     accounts of the Department of Defense, an aggregate of 
     $975,000,000, with the amount so transferred to be derived 
     from amounts so appropriated or otherwise made available in 
     such distribution as the Secretary of Defense determines 
     appropriate.
       (b) Deposit of Transferred Amount.--The Secretary of 
     Veterans Affairs shall deposit the amount transferred under 
     subsection (a) in the Medical Services account of the 
     Veterans Health Administration of the Department of Veterans 
     Affairs. Upon deposit, such amount shall be merged with funds 
     in such account, and shall, subject to subsection (c), be 
     available for the same purposes, and subject to the same 
     limitations as the funds with which merged.
       (c) Availability of Amount.--The amount deposited in the 
     Medical Services account of the Veterans Health 
     Administration under subsection (b) shall be available only 
     for the provision of care and treatment, including mental 
     health care services, to veterans who serve abroad in the 
     Global War on Terrorism. Such amount shall be available, 
     without fiscal year limitation, until expended.
                                 ______
                                 
  SA 337. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 159, strike line 6 and all that follows through 
     page 161, line 21, and insert the following:
       Sec. 1112. (a) Increase in Death Gratuity.--
       (1) Increase.--Section 1478(a) of title 10, United States 
     Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date; termination.--
       (A) The amendment made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.
       (B) The amendment made by paragraph (1) shall terminate on 
     September 30, 2005. Effective as of October 1, 2005, the 
     provisions of section 1478 of title 10, United States Code, 
     as in effect on the date before the date of the enactment of 
     this Act shall be revived.
       (b) Additional Gratuity for Deaths Before Effective Date.--
       (1) Requirement to pay additional gratuity.--In the case of 
     a member of the Armed Forces who died before the date of the 
     enactment of this Act, but on or after October 7, 2001, the 
     Secretary of the military department concerned shall pay a 
     death gratuity in accordance with this subsection that is in 
     addition to the death gratuity payable in the case of such 
     death under sections 1475 through 1477 of title 10, United 
     States Code.

                          ____________________