[Congressional Record Volume 148, Number 34 (Thursday, March 21, 2002)]
[Senate]
[Pages S2273-S2274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Hutchinson, Mr. Warner, Mr. Levin, 
        Mr. Daschle, Mr. Lott, Mr. Kennedy, Mr. Thurmond, Mr. 
        Lieberman, Mr. McCain, Mr. Cleland, Mr. Smith of New Hampshire, 
        Ms. Landrieu, Mr. Inhofe, Mr. Reed, Mr. Santorum, Mr. Akaka, 
        Mr. Roberts, Mr. Nelson of Florida, Mr. Allard, Mr. Nelson of 
        Nebraska, Mr. Sessions, Mrs. Carnahan, Ms. Collins, Mr. Dayton, 
        Mr. Bunning, and Mr. Bingaman):
  S. 2051. A bill to remove a condition preventing authority for 
concurrent receipt of military retired pay and veterans' disability 
compensation from taking affect, and for other purposes; to the 
Committee on Armed Services.
  Mr. REID. Mr. President, last Session I, along with 79 cosponsors, 
introduced S. 170, ``The Retired Pay Restoration Act of 2001.'' Our 
bill addressed a 110-year old injustice against over 500 thousand of 
our Nation's veterans. Congress has repeatedly forced the bravest men 
and women in our Nation, retired career veterans, to essentially forgo 
receipt of a portion of their retired pay if they received a disability 
injury in the line of service.
  In October, I introduced an amendment identical to S. 170 for the 
Senate Defense Authorization Bill. The Senate adopted my amendment by 
unanimous consent. Unfortunately, the House choose not to appropriate 
funds for this important measure.
  I rise today to again introduce a bill along with my colleagues Mr. 
Hutchinson, Mr. Warner, Mr. Levin, Mr. Daschle, Mr. Lott, Mr. Kennedy, 
Mr. Thurmond, Mr. Lieberman, Mr. McCain, Mr. Cleland, Mr. Smith of New 
Hampshire, Ms. Landrieu, Mr. Inhofe, Mr. Reed, Mr. Santorum, Mr. Akaka, 
Mr. Roberts, Mr. Nelson of Florida, Mr. Allard, Mr. Nelson of Nebraska, 
Mr. Sessions, Mrs. Carnahan, Ms. Collins, Mr. Dayton, Mr. Bunning, and 
Mr. Bingaman that will correct this inequity for veterans who have 
retired from our Armed Forces with a service-connected disability.
  Our bill will repeal the contingency language enacted in the National 
Defense Authorization Act for Fiscal Year 2002 and thus remove a 
condition preventing authority for concurrent receipt of military 
retired pay and veterans' disability compensation from taking effect. 
It will permit retired members of the Armed Forces who have a service 
connected disability to receive military retirement pay while also 
receiving veterans' disability compensation.
  Congress approved inequitable legislation prohibiting the concurrent 
receipt of military retired pay and VA disability compensation shortly 
after the Civil War, when the standing army of the United States was 
extremely limited. At that time, only a small portion of our armed 
forces consisted of career soldiers.
  Today, nearly one and a half million Americans dedicate their lives 
to the defense of our Nation. The United States' military force is 
unmatched in terms of power, training and ability. Our nation's status 
as the world's only superpower is largely due to the sacrifices our 
veterans made during the last century. Rather than honoring their 
commitment and bravery by fulfilling our obligations, the federal 
government has chosen instead to perpetuate a longstanding injustice. 
Quite simply, this is disgraceful, and we must correct it.
  Once again our Nation is calling upon the members of the Armed Forces 
to defend democracy and freedom. We must send a signal to the men and 
women currently in uniform that our government takes care of those that 
make sacrifices for our Nation. We must demonstrate to veterans that we 
are thankful for their dedicated service.
  Military retirement pay and disability compensation were earned and 
awarded for entirely different purposes. Current law ignores the 
distinction between these two entitlements. Military retired pay is 
earned compensation for the extraordinary demands and sacrifices 
inherent in a military career. It is a reward promised for serving two 
decades or more under conditions that most Americans find intolerable. 
Veterans' disability compensation, on the other hand, is recompense for 
pain, suffering, and lost future earning power caused by a service-
connected illness or injury. Few retirees can afford to live on their 
retired pay alone, and a severe disability only makes the problem worse 
by limiting or denying any post-service working life.
  Career military retired veterans are the only group of Federal 
retirees who are required to waive their retirement pay in order to 
receive VA disability. All other federal employees receive both their 
civil service retirement and VA disability with no offset. Simply put, 
the law discriminates against career military men and women. It 
assumes, in effect, that disabled military retirees neither need nor 
deserve the full compensation they earned for their 20 or more years 
served in uniform.
  This inequity is absurd. How do we explain it to the men and women 
who sacrificed their own safety to protect this great Nation? How do we 
explain this inequity to those members currently risking their lives to 
defeat terror?
  We are currently losing over one thousand World War II veterans each 
day. Every day we delay acting on this legislation means continuing to 
deny fundamental fairness to thousands of men and women. They will 
never have the ability to enjoy their two well-deserved entitlements.
  This bill represents an honest attempt to correct an injustice that 
has existed for far too long. Allowing disabled veterans to receive 
military retired pay and veterans disability compensation concurrently 
will restore fairness to Federal retirement policy.
  This legislation is supported by numerous veterans' service 
organizations, including the Military Coalition, the National Military/
Veterans Alliance, the American Legion, the Disabled American Veterans, 
the Veterans of Foreign Wars, the Paralyzed Veterans of America and the 
Uniformed Services Disabled Retirees.
  Passing this bill will finally eliminate a grossly inequitable 19th 
century law and ensure fairness within the Federal retirement policy. 
Our veterans have heard enough excuses. Now it is time for them to hear 
our gratitude. I urge my colleagues to join me in supporting this 
legislation to finally end this disservice to our retired military men 
and women.
  Our veterans have earned this and now is our chance to honor their 
service to our nation.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2051

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

     SECTION 1. EFFECTIVE DATE OF AUTHORITY FOR CONCURRENT RECEIPT 
                   OF MILITARY RETIRED PAY AMD VETERANS' 
                   DISABILITY COMPENSATION.

       (a) Repeal of Contingent Effective Date.--Section 1414 of 
     title 10, United States Code, as added by section 641(a) of 
     the National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107), is amended--
       (1) in subsection (a), by striking ``, subject to the 
     enactment of qualifying offsetting

[[Page S2274]]

     legislation as specified in subsection (f)''; and
       (2) by striking subsections (e) and (f).
       (b) Substitution of Effective Date.--Section 1414 of title 
     10, United States Code, shall apply with respect to months 
     beginning on or after on October 1, 2002.
       (c) Prohibition of Retroactive Benefits.--(1) No benefit 
     may be paid to any person by reason of section 1414 of title 
     10, United States Code, for any period before the date 
     specified in subsection (b).
       (2) Section 641 of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1149) is 
     amended by striking subsection (d).
       (d) Conforming Termination of Special Compensation 
     Program.--(1) Effective on the date specified in subsection 
     (b), section 1413 of title 10, United States Code, is 
     repealed.
       (2) Section 1413 of title 10, United States Code, is 
     amended--
       (A) in subsection (a), by striking the second sentence; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``(1) For payments'' and 
     all that follows through ``December 2002, the following:'';
       (ii) by striking paragraphs (2) and (3); and
       (iii) by redesignating subparagraphs (A), (B), (C), and (D) 
     as paragraphs (1), (2), (3), and (4), respectively, and 
     realigning such paragraphs (as so redesignated) two ems from 
     the left margin.

  Mr. HUTCHINSON. Mr. President, I rise today to join Senator Reid and 
Senator Warner in introducing a bill that will eliminate, once and for 
all, the inequity that our Nation's veterans have been burdened with 
for 110 years. Across this great Nation there are over 400,000 
disabled, military retirees that must give up their retired pay in 
order to receive their VA disability compensation. Military retirees 
are the only group of Federal retirees who are forced to fund their own 
disability benefits.
  Men and women who served our country, who dedicated their lives to 
the defense of freedom, have earned fair compensation. The issue has 
been before the Senate for years. Concurrent receipt legislation 
introduced earlier this year by Senator Reid and myself had 79 
cosponsors. The Congress needs to act this year on this issue.
  This bill will honor Americans who answered our Nation's call for 20 
years or more. They are veterans who stood the line, defending our 
Nation, during times of peace and times of war. Military retirement pay 
and disability compensation are earned and awarded for entirely 
different purposes. Current law ignores the distinction between these 
entitlements. Military retirees have dedicated 20 or more years to our 
national defense in earning their retirement, whereas disability 
compensation is awarded to compensate a veteran for injury incurred in 
service to our Nation. Our veterans have earned and deserve fair 
compensation. I have been a longstanding supporter of efforts to repeal 
the century-old law that prohibits military retirees from collecting 
the retired pay that they earned as well as VA disability compensation.
  Since September 11, the American people have gained a greater 
appreciation of our military. The men and women in uniform have 
performed admirably in the war against terrorism. I recently visited 
our troops in Afghanistan. Their professionalism, their dedication, and 
their patriotism was an inspiration. As we all know, Afghanistan is 
still a very dangerous place. We need to send a message to those 
soldiers that are putting their lives on the line every day that our 
government provides just and fair compensation for those that will have 
gone before them.
  The Fiscal Year 2002 Defense Authorization Act included authority for 
concurrent receipt, but made it subject to offsetting funding. The bill 
we are introducing today moves forward in requiring full concurrent 
receipt, with no restrictions.
  I pledge to continue the fight on this important issue. I look 
forward to joining with Senator Reid in ensuring that the Senate Budget 
Resolution includes full funding for concurrent receipt. I will work 
with Senator Warner and my colleagues on the Senate Armed Services 
Committee to see that the bill we are introducing today is incorporated 
into the Fiscal Year 2003 Defense Authorization bill.
  In closing, I urge my colleagues on both sides of the aisle to 
support this important legislation. Is is simply the right and fair 
thing to do for American veterans.
  Mr. WARNER. Mr. President, I join my colleagues today in introducing 
legislation to allow our disabled military retirees to receive all of 
the compensation they have earned through their service to our Nation.
  With this legislation, we are taking the next critical step in 
eliminating a tremendous injustice that impacts disabled military 
retirees. Many of my colleagues, on both sides of the aisle, have 
joined in cosponsoring this important legislation.
  What is our common goal? To ensure that an important class of 
disabled veterans, military retirees who have suffered disability 
during their years of military service, are fairly and appropriately 
compensated by the Nation they served so well. We cannot and should not 
wait any longer for this to happen.
  Last year, with overwhelming bipartisan support, the Congress 
overturned the 110-year-old prohibition against ``concurrent receipt'' 
as part of the Fiscal Year 2002 National Defense Authorization Act. In 
other words, we repealed the prohibition in law that prevents military 
retirees from receiving both their regular retired pay and veterans 
disability compensation, without a dollar for dollar offset. 
Unfortunately, we did not have the necessary funding to pay for this 
repeal. The resulting compromise in conference was a confidential 
repeal.
  On its face this legislation before us is a somewhat technical 
proposal. By its terms, it simply repeals language enacted in law last 
December that requires the President to propose offsetting legislation 
funding concurrent receipt and requires Congress to pass ``qualifying 
offsetting legislation'' before concurrent receipt of military retired 
pay and veterans' disability compensation can begin. The underlying 
authorization to receive both concurrently, as provided for in the 
Fiscal Year 2002 National Defense Authorization Act, stands. The 
condition which has delayed implementation would be removed by the 
legislation we are introducing today.
  Both Senator Levin as chairman, and I as ranking member of the 
Committee on Armed Services, have requested that the Senate Budget 
Committee include funding in the budget resolution to fund this hard-
earned benefit. I have requested that this funding be included ``above 
the line''--that is, in addition to the President's requested amount 
for defense. In my view, Congress should not be forced to cut the 
President's requested initiatives and programs--which are critical to 
the ongoing war on terrorism, to fund this benefit.

  The House Budget Committee has already included a portion of the 
funds required for ``concurrent receipt'' in their budget resolution, 
``above the line.''
  It is time to move forward on this important issue. The legislation 
we are introducing will permit implementation of the law the Congress 
has already passed, and I am confident that, working with the Budget 
Committee, we can find the money to pay for it.
  Our Nation has no more valuable assets than our men and women in 
uniform. They are called upon to leave their families, deploy to areas 
around the world, and face threats on a daily basis. They are on the 
front lines, defending our freedom. Our Nation must meet its commitment 
to those dedicated Service members. How can we ask the men and women 
who have so faithfully served to sacrifice a portion of their 
retirement because they are also receiving compensation for an injury 
suffered while serving their country?
  Our career military service members were promised health care for 
life for themselves and their families. Two years ago, we the Congress 
acted to make that promise a reality. Yes, there was a significant cost 
associated with providing that care. But there is no cost too high to 
provide for those who ensure our freedom.
  Today we are considering a similar situation. Is the cost too high of 
providing our disabled military retirees both the military retired pay 
they have earned and compensation they are due for a disability they 
received while serving their Nation? I think not.
                                 ______