Clinton Amendments to Aid Servicemembers and their Families Signed Into Law

Press Release

Measures Included in the FY 2008 Department of Defense Authorization Act

Senator Hillary Rodham Clinton announced that the revised Fiscal Year 2008 Department of Defense Authorization Act signed into law by the President on Monday includes a series of amendments which she introduced to provide needed benefits for servicemembers and their families.

"Military families provide vital support for our armed services and indeed our nation. These measures will make a real difference for our men and women in uniform and their steadfast families who have shouldered so many burdens and sacrificed so much for their country," Senator Clinton said.

The amendments introduced by Senator Clinton that were included in the Defense Authorization bill signed into law by the President will:

* Protect financial benefits for military family members. Senator Clinton's amendment will protect financial benefits for military family members by closing gaps in coverage for the death gratuity paid to the families of servicemembers who make the ultimate sacrifice in the defense of our nation. When tragedy strikes, minor dependent children and their guardians have sometimes been excluded from receiving certain benefits and entitlements. The amendment will modify the authority of members of the armed forces to designate recipients of death gratuity benefits and close coverage gaps that previously existed. As a result of these technical changes, dependents of servicemembers who deploy without properly designating death gratuity beneficiaries will receive these benefits. When a designation is not made, death gratuity benefits will be paid out to the surviving spouse, surviving parents, a duly appointed executor or administrator, or to the next of kin.
* Increase burial travel allowances for families of deceased servicemembers. Senator Clinton's amendment requires the Department of Defense (DoD) to authorize burial travel allowances for all siblings and children of a deceased servicemember, and when necessary, provide burial travel allowances for the person authorized to direct the disposition of the remains. Currently, only spouses, dependent children, and parents of deceased servicemembers are authorized burial travel allowances, while travel for siblings and non-dependent children of the deceased servicemember is either paid out of pocket, or with emergency funds provided by DoD. In some instances the emergency fund approval process has been untimely, causing a delay in travel plans or an absence of a family member. Additionally, DoD requires servicemembers to designate an individual responsible for burial arrangements as the "Person Authorized to Direct Disposition." This person can be a spouse, parent, or another blood relative, however only spouses and parents are authorized burial travel allowances. Travel for a blood relative who is serving as the "Person Authorized to Direct Disposition," and who is not a spouse or parent of the deceased servicemember, must currently pay out of pocket or apply for emergency funds to travel to the burial they are responsible for arranging.
* Increase Temporary Lodging Expenses (TLE) for servicemembers. Senator Clinton's amendment will help the increasing number of servicemembers and their families who are moving to bases without sufficient housing. This problem is especially acute at Fort Drum, New York, where soldiers often have to wait for quarters beyond the 20-day TLE period which greatly inhibits their quality of life. Her amendment provides the Secretary of Defense additional authority to increase the TLE period from 20 to 60 days for those servicemembers moving to a military base experiencing a housing shortage. The current 20-day TLE extraordinary circumstances provision expires on December 31, 2008, and the Clinton amendment extends the new TLE authorities for another year to December 31, 2009. Under normal circumstances servicemembers receive ten days of TLE when they conduct a permanent change of station move. When a military base cannot provide quarters within the ten-day TLE period, the Department of Defense can increase the TLE period to 20 days. However, after the 20-day TLE period expires without housing being provided, the servicemember pays out of pocket for temporary lodging until permanent housing is assigned or a rental housing unit is made available.

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