[Congressional Record Volume 148, Number 44 (Thursday, April 18, 2002)]
[Senate]
[Pages S2967-S2968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HUTCHINSON (for himself and Mr. Cleland):
  S. 2211. A bill to amend title 10, United States Code, to apply the 
additional retired pay percentage for extraordinary heroism to the 
computation of the retired pay of enlisted members of the Armed Forces 
who are retired for any reason, and for other purposes; to the 
Committee on Armed Services.
  Mr. HUTCHINSON. Madam President, I rise today to introduce the 
Heroism Pay Equality Act. This legislation will restore fairness and 
equality to our country's retired military reservists who have been 
cited for extraordinary heroism, by affording them the same 
entitlements offered to their active component counterparts. Current 
law awards members with between 20 and 30 years of service who have 
been cited for extraordinary heroism in the line of duty an additional 
10 percent to their retirement pay for their heroic acts. Typically, 
this equates to a service member who has received the Medal of Honor, 
the Distinguished Service Cross, or the Navy Cross. Yet a service 
member who has been awarded one of these medals, and whose retirement 
eligibility was achieved in the Reserves, is not recognized with the 
same benefit.
  This bill erases this injustice, and is offered in the spirit of 
fairness to the total force. The United States is increasingly reliant 
on the Reserve component of the armed service to meet the challenges 
that face our military. Reserve and National Guard units have served 
with distinction in Bosnia, Kosovo, the Middle East, and are doing so 
today in Afghanistan and countless locations across the United States 
as part of our global war on terrorism. The additional pay for heroic 
acts is awarded for the act itself and has nothing to do with the 
component in which retirement eligibility was achieved. Thus, to honor 
our Nation's military reservists, I urge my colleagues on both sides of 
the aisle to support this legislation.
  I ask unanimous consent that the text of the legislation, which 
Senator Cleland and I are introducing today, be printed in the Record.

[[Page S2968]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2211

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

     SECTION 1. EXPANDED APPLICABILITY OF ADDITIONAL RETIRED PAY 
                   FOR EXTRAORDINARY HEROISM.

       (a) Army.--Section 3991(a)(2) of title 10, United States 
     Code, is amended--
       (1) by striking ``If a member who is retired under section 
     3914 of this title'' and inserting ``If an enlisted member 
     entitled to monthly retired pay under this subtitle''; and
       (2) by inserting after the first sentence the following new 
     sentence: ``The first sentence does not apply with respect to 
     retired pay computed under section 12733 of this title.''.
       (b) Navy and Marine Corps.--(1) Chapter 571 of such title 
     is amended by inserting after section 6334 the following new 
     section:

     ``Sec. 6334a. Computation of retired pay: additional 10 
       percent for enlisted members credited with extraordinary 
       heroism

       ``If an enlisted member entitled to monthly retired pay 
     under this subtitle has been credited by the Secretary of the 
     Navy with extraordinary heroism in the line of duty, the 
     member's retired pay shall be increased by 10 percent of the 
     amount determined under section 6333 or 6334 of this title, 
     as the case may be, but to not more than 75 percent of the 
     retired pay base upon which the computation of such retired 
     pay is based. The first sentence does not apply with respect 
     to retired pay computed under section 12733 of this title. 
     The Secretary's determination as to extraordinary heroism is 
     conclusive for all purposes.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``6334a. Computation of retired pay: additional 10 percent for enlisted 
              members credited with extraordinary heroism.''.

       (c) Air Force.--Section 8991(a)(2) of title 10, United 
     States Code, is amended--
       (1) by striking ``If a member who is retired under section 
     8914 of this title'' and inserting ``If an enlisted member 
     entitled to monthly retired pay under this subtitle''; and
       (2) by inserting after the first sentence the following new 
     sentence: ``The first sentence does not apply with respect to 
     retired pay computed under section 12733 of this title.''.
       (d) Disability Retirement.--(1) Section 1201 of such title 
     is amended--
       (A) in subsection (a), by striking ``, with retired pay 
     computed under section 1401 of this title,''; and
       (B) by adding at the end the following new subsection:
       ``(d) Computation of Retired Pay.--(1) The retired pay to 
     which a member is entitled under this section shall be 
     computed under section 1401 of this title.
       ``(2) If an enlisted member entitled to monthly retired pay 
     under this section has been credited by the Secretary 
     concerned with extraordinary heroism in the line of duty, the 
     member's retired pay shall be increased by 10 percent of the 
     amount determined under section 1401 of this title (but to 
     not more than 75 percent of the retired pay base upon which 
     the computation of such retired pay is based).''.
       (2) Section 1202 of such title is amended--
       (A) by inserting ``(a) Retirement.--'' before the text of 
     such section;
       (B) by striking ``with retired pay computed under section 
     1401 of this title'' and inserting ``and pay retired pay to 
     the member.''; and
       (C) by adding at the end the following new subsection:
       ``(b) Computation of Retired Pay.--(1) The retired pay to 
     which a member is entitled under this section shall be 
     computed under section 1401 of this title.
       ``(2) If an enlisted member entitled to monthly retired pay 
     under this section has been credited by the Secretary 
     concerned with extraordinary heroism in the line of duty, the 
     member's retired pay shall be increased by 10 percent of the 
     amount determined under section 1401 of this title (but to 
     not more than 75 percent of the retired pay base upon which 
     the computation of such retired pay is based).''.
       (e) Applicability.--The amendments made by this section 
     shall not apply with respect to months beginning on or before 
     the date of the enactment of this Act.
                                 ______