[Congressional Record Volume 153, Number 52 (Monday, March 26, 2007)]
[Senate]
[Pages S3751-S3752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Sanders):
  S. 986. A bill 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, before I introduce my legislation, The 
Combat Related Special Compensation Act of 2007, I would like to 
briefly talk about the unfair treatment and the deplorable health care 
conditions found at the Walter Reed Army Medical Center. I feel that 
the current situation there has some bearing on my legislation.
  Walter Reed is one of the Army's best-known and premier medical 
facilities for wounded service members in the country. Numerous reports 
by the Government Accounting Office and transcripts of congressional 
testimony

[[Page S3752]]

indicate that many of our military facilities for wounded outpatients 
are in disarray. These facilities are plagued by mold, mice, stained 
carpets, and a system ill equipped to handle another generation of 
psychologically scarred veterans.
  Nearly 4,000 outpatients are currently in the military's Medical 
Holding companies, which oversee the wounded. Soldiers and veterans 
across the country report bureaucratic neglect similar to Walter 
Reed's: untrained staff; misplaced paperwork; lost computer generated 
medical appointments; and long waits for consultations. These serious 
problems have resulted from bureaucratic red tape and substandard 
health care conditions. This situation is unacceptable. We have not 
fulfilled our covenant, nor have we kept our promise to take care of 
our troops.
  Our dedicated service members took an oath to serve our Nation. We as 
policy makers have a moral obligation to take care of these dedicated 
service men and women that have shown heroic patriotism in Afghanistan 
and Iraq.
  ``As described in the Washington Post'', It is not just a problem at 
Walter Reed: others describe depressing living conditions for 
outpatients at military bases throughout the country. Let me share with 
you the comments of a 70-year-old soldier, Mr. Oliva, who is worried 
about the military health care our wounded will receive. He described 
his own troubling experiences at the VA hospital in Livermore, CA.
  ``It is not just Walter Reed,'' Mr. Oliva states. ``The VA hospitals 
are not good either except for the staff members who work so hard. It 
brings tears to my eyes when I see my brothers and sisters having to 
deal with these conditions.''
  Mr. Oliva is but one voice in a vast outpouring of emotion and anger 
about the treatment of wounded outpatients at Walter Reed. Stories of 
neglect and substandard care have flooded in from soldiers, their 
family members, veterans, doctors and nurses working inside the system. 
This is appalling and an embarrassment to our Nation.
  I am particularly concerned that some of the highest ranking 
officials were aware of the problem for almost two years, but took no 
action to correct the situation. While we have seen some positive signs 
from the fallout over the scandal, such as the firing of the head of 
Walter Reed and the establishment of a bipartisan commission, more must 
be done.

  Our soldiers receive first class care in combat, and they should 
receive the same level of care in our own country. Congress must lead 
the way in this effort. We must continue our efforts and pass 
legislation that will improve the quality of life for all of America's 
heroes, including providing them with the benefits they have earned.
  Today, I join with many of my Senate colleagues to fight and end the 
ban on current receipt so that 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 a lot of work to do.
  The legislation I am introducing today--the Combat-Related Special 
Compensation Act of 2007, would continue to chip away at this unfair 
policy, by giving pro-rated retirement benefits to our service men and 
women who are forced into early retirement because of their combat-
related injuries.
  Our veterans on a day-to-day basis sacrifice their life for our 
country. As public servants, we Americans owe it to our dedicated 
service men and women to end this inequity. We must support our troops; 
we must ensure that those who serve us with dignity and valor receive 
these deserving benefits. They have earned it and they deserve it.
  My 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.
  Like many of you, I have visited military hospitals on several 
occasions and have seen first hand the injuries sustained by our 
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 they meet the 20-year requirement to receive full 
benefits. Right now, these soldiers receive combat-related disability 
benefits, but are not eligible to receive retirement benefits because 
they cannot fulfill the 20-year service requirement.
  This is a travesty to treat our dedicated service men and women 
inequitably. It's wrong.
  We should not penalize veterans because they incurred a combat-
related injury while serving their country. This legislation will 
ensure they will receive both their prorated military retirement pay, 
along with their disability compensation.
  Let me point out that this legislation is especially important given 
the injuries sustained by these troops that are currently serving in 
Afghanistan, Iraq, and other theaters throughout the world. This 
legislation is essential for the more than 23,000 injured personnel who 
are returning from war. The widespread use of improvised explosive 
devices (IED) has created numerous amputees and therefore, result in an 
increase in medically discharged veterans. As described in stories 
reported by the Washington Post, a 25-year-old soldier got to close to 
an IED in Iraq and was sent to Walter Reed, where doctors did all they 
could before shipping the soldier to the VA for the remainder of his 
life. Will this young soldier be one of the victims of war that do not 
receive disability compensation and military retirement pay?
  Mr. President, ensuring our veterans receive retirement benefits they 
have earned is the right thing to do, especially in light of recent 
issues surrounding the treatment of patients at Walter Reed. We must 
never forget the sacrifices our service men and women have made to 
protect our freedom. They serve because they love this great country. 
Taking care of our veterans is not only the right thing to do; it is 
also important for our efforts to win the war on terror. In our all-
volunteer military, it is critical to attract and retain professional 
and dedicated soldiers. 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 this unfair policy, we now have an opportunity to show our 
gratitude to our veterans. If we are to truly honor the sacrifices of 
our veterans, we need to ensure that those who were injured in defense 
of our Nation receive these well deserved benefits.
  While our Nation is at war, there is no better honor we could bestow 
upon them than to pass this legislation.
  Mr. President, I ask unanimous consent that the text of this 
legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 986

       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 2007''.

     SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELLGIBILITY 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 21\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, 2008, and shall apply to 
     payments for months beginning on or after that date.
                                 ______