[Congressional Record Volume 152, Number 29 (Wednesday, March 8, 2006)]
[Senate]
[Pages S1894-S1895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. REID:
  S. 2385. A bill to amend title 10, United States Code, to expand 
eligibility for Combat-Related Special Compensation paid by the 
uniformed services in order to permit certain additional retired 
members who have a service-connected disability to receive both 
disability compensation from the Department of Veterans Affairs for 
that disability and Combat-Related Special Compensation by reason of 
that disability; to the Committee on Armed Services.
  Mr. REID. Mr. President, along with many of my colleagues, I have 
been fighting for sometime to end the ban on Concurrent Receipt, so 
disabled veterans can get the fair benefits they deserve. We have made 
some progress over the last few years, but as everyone knows, we still 
have work to do.
  Let's remember what Concurrent Receipt is. It is an unfair and 
outdated policy that prevents disabled veterans from collecting both 
their military retirement pay and disability compensation. It requires 
a retired disabled veteran to deduct from his retirement pay, dollar 
for dollar, the amount of any disability compensation he receives.
  Our veterans have given so much to our country. We owe it to them to 
get rid of this policy, and to make sure they get the full benefits 
they have earned and deserve.
  I'm proud to say we have been able to chip away at this unfair 
practice in recent years.
  In 2003, we passed my bill to allow--after a ten year waiting 
period--concurrent receipt for veterans with at least a 50 percent 
disability rating.
  In 2004, I proposed legislation to eliminate that ten-year period and 
also to provide full concurrent receipt of military and disability pay 
to veterans with 100 percent service-related disability.
  In November, 2005, we passed another amendment to expand concurrent 
receipt to cover America's most severely disabled veterans, and to 
implement the new policy immediately instead of phasing it in over a 
decade.
  I was pleased with the passage of that amendment last year, but 
disappointed that the conference committee chose not to enact this 
valuable legislation for veterans rated as ``unemployable'' until 2009.
  Today, concurrent receipt remains one of my highest priorities. We 
need to continue to chip away at this policy, and I am committed to 
that goal 100 percent.
  With that in mind, today I am introducing the Combat-Related Special 
Compensation Act of 2006. This legislation will take care of soldiers 
who had hoped to make the military a career, but were discharged 
prematurely for an injury sustained in combat and forced to retire 
medically before attaining 20 years of service.
  Right now, these soldiers receive combat-related disability benefits, 
but are not eligible to get retirement benefits because they cannot 
serve out the required 20 years. That is unfair, and this legislation 
will make sure they can get both.
  This is the right thing to do. These veterans have been forced into 
retirement, and we need to take care of them.
  I would note this legislation is especially important given the 
injuries we are seeing in Iraq. Improvised Explosive Devices have 
created numerous amputees and therefore, an increase in medically 
discharged veterans.
  I have visited military hospitals on several occasions and have seen 
first hand the injuries sustained by military personnel. Many of the 
members have reached the 10, 12, 14-year marks of their military 
careers and have been forced to retire medically before the 20 year 
retirement norm. They'll get medical benefits, but they won't receive 
legitimate retirement compensation because they have been injured and 
are unable to serve until retirement, as they had planned.

[[Page S1895]]

  That's wrong.
  We shouldn't penalize veterans because they were injured serving 
their country. My legislation will fix this problem, and get them their 
prorated retirement pay, along with their disability pay.
  Taking care of our veterans is the right thing to do. We must never 
forget the sacrifices they made to protect our freedom. Taking care of 
our veterans is also key to winning the war on terror. In our all-
volunteer military, it is critical to attract and retain professional, 
dedicated soldiers.
  These people serve because they love America. In turn, they expect 
that we will honor our commitments to provide health care and other 
primary benefits for them and their families.
  By ending the ban on concurrent receipt, we have an opportunity to 
show our gratitude to our veterans. While our Nation is at war, there 
is no better honor we could bestow upon them than to pass this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2385

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combat-Related Special 
     Compensation Act of 2006''.

     SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

       (a) Eligibility.--Subsection (c) of section 1413a of title 
     10, United States Code, is amended by striking ``entitled to 
     retired pay who--'' and all that follows and inserting 
     ``who--
       ``(1) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(2) has a combat-related disability.''.
       (b) Computation.--Paragraph (3) of subsection (b) of such 
     section is amended--
       (1) by designating the text of that paragraph as 
     subparagraph (A), realigning that text so as to be indented 4 
     ems from the left margin, and inserting before ``In the case 
     of'' the following heading: ``In general.--''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Special rule for retirees with fewer than 20 years of 
     service.--In the case of an eligible combat-related disabled 
     uniformed services retiree who is retired under chapter 61 of 
     this title with fewer than 20 years of creditable service, 
     the amount of the payment under paragraph (1) for any month 
     shall be reduced by the amount (if any) by which the amount 
     of the member's retired pay under chapter 61 of this title 
     exceeds the amount equal to 2\1/2\ percent of the member's 
     years of creditable service multiplied by the member's 
     retired pay base under section 1406(b)(1) or 1407 of this 
     title, whichever is applicable to the member.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2006, and shall apply to 
     payments for months beginning on or after that date.
                                 ______