II 

110TH CONGRESS 

1ST SESSION S. 1063 

To amend title 10, United States Code, to improve certain death and survivor 

benefits with respect to members of the Armed Forces, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2007 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to improve certain 

death and survivor benefits with respect to members 

of the Armed Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Military 

5 Family Financial Benefits Act of 2007’’. 


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1 SEC. 2. MODIFICATION OF ELIGIBLE RECIPIENTS OF 

2 DEATH GRATUITY WITH RESPECT TO MEM3 BERS OF THE ARMED FORCES. 

4 Paragraph (2) of section 1477(a) of title 10, United 

5 States Code, is amended to read as follows: 

6 ‘‘(2) His children (as prescribed by subsection 

7 (b)) or such guardians or caretakers of his children 

8 (as so prescribed) as he shall specify, in such pro9 portions as he shall specify.’’. 

10 SEC. 3. ANNUITIES FOR GUARDIANS OR CARETAKERS OF 

11 DEPENDENT CHILDREN UNDER SURVIVOR 

12 BENEFIT PLAN. 

13 (a) ELECTION.—Section 1448(b) of title 10, United 

14 States Code, is amended— 

15 (1) in the subsection caption, by striking ‘‘AND

16 FORMER SPOUSE’’ and inserting ‘‘, FORMER

17 SPOUSE, AND GUARDIAN OR CARETAKER’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(6) GUARDIAN OR CARETAKER COVERAGE.— 

21 ‘‘(A) GENERAL RULE.—A person who is 

22 not married and has one or more dependent 

23 children upon becoming eligible to participate in 

24 the Plan may elect to provide an annuity under 

25 the Plan to a natural person (other than a nat26 ural person with an insurable interest in the 


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1 person under paragraph (1) or a former spouse) 

2 who acts as a guardian or caretaker to such 

3 child or children. In the case of a person pro4 viding a reserve-component annuity, such an 

5 election shall include a designation under sub6 section (e). 

7 ‘‘(B) TERMINATION OF COVERAGE.—Sub8 paragraphs (B) through (E) of paragraph (1) 

9 shall apply to an election under subparagraph 

10 (A) of this paragraph in the same manner as 

11 such subparagraphs apply to an election under 

12 subparagraph (A) of paragraph (1). 

13 ‘‘(C) ELECTION OF NEW BENEFICIARY

14 UPON DEATH OF PREVIOUS BENEFICIARY.— 

15 Subparagraph (G) of paragraph (1) shall apply 

16 to an election under subparagraph (A) of this 

17 paragraph in the same manner as such sub18 paragraph (G) applies to an election under sub19 paragraph (A) of paragraph (1), except that 

20 any new beneficiary elected under such sub21 paragraph (G) by reason of this subparagraph 

22 shall be a guardian or caretaker of the depend23 ent child or children of the person making such 

24 election.’’. 


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1 (b) PAYMENT OF ANNUITY.—Section 1450 of such 

2 title is amended— 

3 (1) in subsection (a), by adding at the end the 

4 following new paragraph: 

5 ‘‘(5) GUARDIAN OR CARETAKER COVERAGE.— 

6 The natural person acting as a guardian or care7 taker of the dependent child or children of the per8 son designated under section 1448(b)(6) of this title, 

9 unless the election to provide an annuity to the nat10 ural person has been changed as provided in sub11 section (f).’’; and 

12 (2) in the subsection caption of subsection (f), 

13 by striking ‘‘OR FORMER SPOUSE’’ and inserting ‘‘, 

14 FORMER SPOUSE, OR GUARDIAN OR CARETAKER’’. 

15 (c) AMOUNT OF ANNUITY.—Section 1451(b) of such 

16 title is amended— 

17 (1) in the subsection caption, by inserting ‘‘OR

18 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN19 TEREST’’; and 

20 (2) by inserting ‘‘or 1450(a)(5)’’ after 

21 ‘‘1450(a)(4)’’ each place it appears in paragraphs 

22 (1) and (2). 

23 (d) REDUCTION IN RETIRED PAY.—Section 1452(c) 

24 of such title is amended— 


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1 (1) in the subsection caption, by inserting ‘‘OR

2 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN3 TEREST’’; and 

4 (2) by inserting ‘‘or 1450(a)(5)’’ after 

5 ‘‘1450(a)(4)’’ each place it appears in paragraphs 

6 (1) and (3). 

7 SEC. 4. IMPROVEMENTS OF PRE-DEPLOYMENT COUN8 SELING AND SERVICES FOR MEMBERS OF 

9 THE ARMED FORCES. 

10 (a) PANEL.—The Secretary of Defense shall appoint, 

11 from among individuals in the private sector qualified for 

12 such purpose, a panel of individuals to— 

13 (1) review the pre-deployment counseling and 

14 services provided by the military departments to un15 married members of the Armed Forces with depend16 ent children; 

17 (2) identify best practices among such coun18 seling and services; and 

19 (3) recommend such improvements in such 

20 counseling and services (including improvements in 

21 such best practices) as the panel considers appro22 priate. 

23 (b) REQUIRED ACTIONS.—In carrying out its duties 

24 under subsection (a), the panel appointed under that sub25 section shall— 


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1 (1) identify best practices in the pre-deployment 

2 counseling and services provided by the military de3 partments to unmarried members of the Armed 

4 Forces with dependent children, including best prac5 tices with respect to counseling and services on— 

6 (A) death benefits available to survivors of 

7 members of the Armed Forces; 

8 (B) dependency and indemnity compensa9 tion benefits available under chapter 13 of title 

10 38, United States Code; 

11 (C) Servicemembers’ Group Life Insurance 

12 under subchapter III of chapter 19 of title 38, 

13 United States Code; 

14 (D) traumatic injury protection under sec15 tion 1980A of title 38, United States Code; 

16 (E) the Survivor Benefit Plan under sub17 chapter II of chapter 73 of title 10, United 

18 States Code; 

19 (F) benefits payable under the Social Secu20 rity Act; and 

21 (G) the preparation, maintenance, and ad22 ministration of family care plans, including ele23 ments of such plans relating to death benefits, 

24 wills and powers of attorney, trusts, mainte25 nance and safeguarding during deployment, and 


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1 acknowledgment of specific guardian and care2 taker duties (including beneficiary designation), 

3 and administrative requirements (including 

4 command endorsement) relating to such plans; 

5 (2) identify best practices in the pre-deployment 

6 counseling and services provided by the military de7 partments to unmarried members of the Armed 

8 Forces without dependent children, and married 

9 members of the Armed Forces (whether with or 

10 without dependent children), including best practices 

11 with respect to counseling and services on each of 

12 the matters set forth in subparagraphs (A) through 

13 (F) of paragraph (1); 

14 (3) identify best practices among the military 

15 departments in the deployment and availability of 

16 counseling and services for such members at so17 called ‘‘Pre-Deployment Centers’’, including best 

18 practices with respect to— 

19 (A) the availability of counseling on legal 

20 matters; 

21 (B) the availability of counseling on finan22 cial matters; 

23 (C) the involvement of family support 

24 groups in such counseling; 


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1 (D) the availability of screening necessary 

2 for current or future determinations regarding 

3 post-traumatic stress disorder (PTSD); 

4 (E) the availability of counseling for sui5 cide prevention; and 

6 (F) the provision and scope of training for 

7 pre-deployment counselors; 

8 (4) identify, from among the best practices 

9 identified under paragraphs (1), (2), and (3), best 

10 practices to be adopted across the military depart11 ments in order to ensure the uniform availability to 

12 such members of meaningful and effective pre-de13 ployment counseling and services; and 

14 (5) make such recommendations in any prac15 tices identified under paragraph (4) as the panel 

16 considers appropriate to enhance the counseling and 

17 services identified under that paragraph. 

18 (c) REPORT.—Not later than 120 days after the date 

19 of the enactment of this Act, the panel appointed under 

20 subsection (a) shall submit to the Secretary and the con21 gressional defense committees a report on its actions 

22 under this section. The report shall set forth in com23 prehensive detail the best practices identified under sub24 section (b)(4) and any recommendations for improvements 

25 in such best practices made under subsection (b)(5). 


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1 (d) IMPLEMENTATION.—Not later than 120 days 

2 after the date of the receipt of the report required by sub3 section (c), the Secretary shall ensure the implementation 

4 by the military departments of the best practices identified 

5 under subsection (b)(4), together with any improvements 

6 recommended under subsection (b)(5). 

7 (e) CONGRESSIONAL DEFENSE COMMITTEES DE8 FINED.—In this section, the term ‘‘congressional defense 

9 committees’’ means— 

10 (1) the Committees on Armed Services and Ap11 propriations of the Senate; and 

12 (2) the Committees on Armed Services and Ap13 propriations of the House of Representatives. 

Æ 


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