[Congressional Record Volume 160, Number 130 (Thursday, September 11, 2014)]
[Senate]
[Pages S5566-S5570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3800. Mr. REID proposed an amendment to the bill S. 2199, to amend 
the Fair Labor Standards Act of 1938 to provide more effective remedies 
to victims of discrimination in the payment of wages on the basis of 
sex, and for other purposes; as follows:

       On page 20, line 4, strike ``6 months'' and insert ``7 
     months''.
                                 ______
                                 
  SA 3801. Mr. REID proposed an amendment to amendment SA 3800 proposed 
by Mr. Reid to the bill S. 2199, to amend the Fair Labor Standards Act 
of 1938 to provide more effective remedies to victims of discrimination 
in the payment of wages on the basis of sex, and for other purposes; as 
follows:

       In the amendment, strike ``7'' and insert ``8''.
                                 ______
                                 
  SA 3802. Mr. REID proposed an amendment to the bill S. 2199, to amend 
the Fair Labor Standards Act of 1938 to provide more effective remedies 
to victims of discrimination in the payment of wages on the basis of 
sex, and for other purposes; as follows:

       On page 20, line 4, strike ``6 months after the date of 
     enactment'' and insert ``7 months after the date of 
     enactment''.
                                 ______
                                 
  SA 3803. Mr. REID proposed an amendment to amendment SA 3802 proposed 
by Mr. Reid to the bill S. 2199, to amend the Fair Labor Standards Act 
of 1938 to provide more effective remedies to victims of discrimination 
in the payment of wages on the basis of sex, and for other purposes; as 
follows:

       In the amendment, strike ``7 months'' and insert ``8 
     months''.
                                 ______
                                 
  SA 3804. Mr. REID proposed an amendment to amendment SA 3803 proposed 
by Mr. Reid to the amendment SA 3802 proposed by Mr. Reid to the bill 
S. 2199, to amend the Fair Labor Standards Act of 1938 to provide more 
effective remedies to victims of discrimination in the payment of wages 
on the basis of sex, and for other purposes; as follows:

       In the amendment, strike ``8'' and insert ``9''.
                                 ______
                                 
  SA 3805. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2199, to amend the Fair Labor Standards Act of 
1938 to provide more effective remedies to victims of discrimination in 
the payment of wages on the basis of sex, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 11, between lines 3 and 4, insert the following:

     SEC. 3A. NATIONAL RIGHT TO WORK.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``:  Provided, That'' 
     and all that follows through ``retaining membership'';

[[Page S5567]]

       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f)--
       (i) by striking clause (2); and
       (ii) by redesignating clauses (3) and (4) as clauses (2) 
     and (3), respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
       (c) Effective Date.--Notwithstanding section 11(a), this 
     section, and the amendments made by this section, shall take 
     effect on the date of enactment of this Act.
                                 ______
                                 
  SA 3806. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2199, to amend the Fair Labor Standards Act of 1938 
to provide more effective remedies to victims of discrimination in the 
payment of wages on the basis of sex, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PAYMENT OF HIGHER WAGES.

       Section 9(a) of the National Labor Relations Act (29 U.S.C. 
     159(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding a labor organization's exclusive 
     representation of employees in a unit, or the terms and 
     conditions of any collective bargaining contract or agreement 
     then in effect, nothing in either--
       ``(A) section 8(a)(1) or 8(a)(5), or
       ``(B) a collective bargaining contract or agreement renewed 
     or entered into after the date of enactment of this 
     paragraph,

     shall prohibit an employer from paying an employee in the 
     unit greater wages, pay, or other compensation for, or by 
     reason of, his or her services as an employee of such 
     employer, than provided for in such contract or agreement.''.
                                 ______
                                 
  SA 3807. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 715, between lines 3 and 4, insert the following:

     SEC. 2842. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK.

       (a) Definitions.--In this section:
       (1) National heritage corridor.--The term ``National 
     Heritage Corridor'' means the John H. Chafee Blackstone River 
     Valley National Heritage Corridor.
       (2) Park.--The term ``Park'' means the Blackstone River 
     Valley National Historical Park established by subsection 
     (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) States.--The term ``States'' means--
       (A) the State of Massachusetts; and
       (B) the State of Rhode Island.
       (b) Establishment.--There is established in the States a 
     unit of the National Park System, to be known as the 
     ``Blackstone River Valley National Historical Park''.
       (c) Historic Sites and Districts.--The Park shall include--
       (1) Blackstone River State Park; and
       (2) the following resources, as described in Management 
     Option 3 of the study entitled ``Blackstone River Valley 
     Special Resource Study-Study Report 2011'':
       (A) Old Slater Mill National Historic Landmark District.
       (B) Slatersville Historic District.
       (C) Ashton Historic District.
       (D) Whitinsville Historic District.
       (E) Hopedale Village Historic District.
       (F) Blackstone River and the tributaries of Blackstone 
     River.
       (G) Blackstone Canal.
       (d) Acquisition of Land; Park Boundary.--
       (1) Land acquisition.--The Secretary may acquire land or 
     interests in land that are considered contributing historic 
     resources in the historic sites and districts described in 
     subsection (c)(2) for inclusion in the Park boundary by 
     donation, purchase from a willing seller with donated or 
     appropriated funds, or exchange.
       (2) Park boundary.--On a determination by the Secretary 
     that a sufficient quantity of land or interests in land has 
     been acquired to constitute a manageable park unit, the 
     Secretary shall establish a boundary for the Park by 
     publishing a boundary map in the Federal Register.
       (3) Other resources.--The Secretary may include in the Park 
     boundary any resources that are the subject of an agreement 
     with the States or a subdivision of the States entered into 
     under subsection (e)(4).
       (4) Boundary adjustment.--On the acquisition of additional 
     land or interests in land under paragraph (1), or on entering 
     an agreement under paragraph (3), the boundary of the Park 
     shall be adjusted to reflect the acquisition or agreement by 
     publishing a Park boundary map in the Federal Register.
       (5) Availability of map.--The maps referred to in this 
     paragraph shall be available for public inspection in the 
     appropriate offices of the National Park Service.
       (6) Administrative facilities.--The Secretary may acquire 
     not more than 10 acres in Woonsocket, Rhode Island for the 
     development of administrative, curatorial, maintenance, or 
     visitor facilities for the Park.
       (7) Limitation.--Land owned by the States or a political 
     subdivision of the States may be acquired under this 
     paragraph only by donation.
       (e) Administration.--
       (1) In general.--The Secretary shall administer land within 
     the boundary of the Park in accordance with--
       (A) this section; and
       (B) the laws generally applicable to units of the National 
     Park System, including--
       (i) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.); and
       (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) General management plan.--
       (A) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall prepare a general management plan for the 
     Park--
       (i) in consultation with the States and other interested 
     parties; and
       (ii) in accordance with section 12(b) of the National Park 
     System General Authorities Act (16 U.S.C. 1a-7(b)).
       (B) Requirements.--The plan shall consider ways to use 
     preexisting or planned visitor facilities and recreational 
     opportunities developed in the National Heritage Corridor, 
     including--
       (i) the Blackstone Valley Visitor Center, Pawtucket, Rhode 
     Island;
       (ii) the Captain Wilbur Kelly House, Blackstone River State 
     Park, Lincoln, Rhode Island;
       (iii) the Museum of Work and Culture, Woonsocket, Rhode 
     Island;
       (iv) the River Bend Farm/Blackstone River and Canal 
     Heritage State Park, Uxbridge, Massachusetts;
       (v) the Worcester Blackstone Visitor Center, located at the 
     former Washburn & Moen wire mill facility, Worcester, 
     Massachusetts;
       (vi) the Route 295 Visitor Center adjacent to Blackstone 
     River State Park; and
       (vii) the Blackstone River Bikeway.
       (3) Related sites.--The Secretary may provide technical 
     assistance, visitor services, interpretive tours, and 
     educational programs to sites and resources in the National 
     Heritage Corridor that are located outside the boundary of 
     the Park and associated with the purposes for which the Park 
     is established.
       (4) Cooperative agreements.--
       (A) In general.--To further the purposes of this section 
     and notwithstanding chapter 63 of title 31, United States 
     Code, the Secretary may enter into cooperative agreements 
     with the States, political subdivisions of the States, 
     nonprofit organizations (including Blackstone River Valley 
     National Heritage Corridor, Inc.), and other interested 
     parties--
       (i) to provide technical assistance, interpretation, and 
     educational programs in the historic sites and districts 
     described in subsection (c)(2); and
       (ii) subject to the availability of appropriations and 
     subparagraphs (B) and (C), to provide not more than 50 
     percent of the cost of any natural, historic, or cultural 
     resource protection project in the Park that is consistent 
     with the general management plan prepared under paragraph 
     (2).
       (B) Matching requirement.--As a condition of the receipt of 
     funds under subparagraph (A)(ii), the Secretary shall require 
     that any Federal funds made available under a cooperative 
     agreement entered into under this paragraph are to be matched 
     on a 1-to-1 basis by non-Federal funds.
       (C) Reimbursement.--Any payment made by the Secretary under 
     subparagraph (A)(ii) shall be subject to an agreement that 
     the conversion, use, or disposal of the project for purposes 
     that are inconsistent with the purposes of this section, as 
     determined by the Secretary, shall result in a right of the 
     United States to reimbursement of the greater of--
       (i) the amount provided by the Secretary to the project 
     under subparagraph (A)(ii); or
       (ii) an amount equal to the increase in the value of the 
     project that is attributable to the funds, as determined by 
     the Secretary at the time of the conversion, use, or 
     disposal.
       (D) Public access.--Any cooperative agreement entered into 
     under this subparagraph shall provide for reasonable public 
     access to the resources covered by the cooperative agreement.
       (f) Dedication; Memorial.--
       (1) In general.--Congress dedicates the Park to John H. 
     Chafee, the former United States Senator from Rhode Island, 
     in recognition of--
       (A) the role of John H. Chafee in the preservation of the 
     resources of the Blackstone River Valley and the heritage 
     corridor that bears the name of John H. Chafee; and
       (B) the decades of the service of John H. Chafee to the 
     people of Rhode Island and the United States.
       (2) Memorial.--The Secretary shall display a memorial at an 
     appropriate location in the Park that recognizes the role of 
     John H. Chafee in preserving the resources of the Blackstone 
     River Valley for the people of the United States.

[[Page S5568]]

       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 2843. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL 
                   HERITAGE CORRIDOR AMENDMENTS.

       Public Law 99-647 (16 U.S.C. 461 note; 100 Stat. 3625) is 
     amended--
       (1) in the first sentence of section 2 (110 Stat. 4202), by 
     striking ``the map entitled `Blackstone River Valley National 
     Heritage Corridor Boundary Map', numbered BRV-80-80,011, and 
     dated May 2, 1993'' and inserting ``the map entitled `John H. 
     Chafee Blackstone River Valley National Heritage Corridor--
     Proposed Boundary', numbered 022/111530, and dated November 
     10, 2011'';
       (2) in section 7 (120 Stat. 1858, 125 Stat. 155)--
       (A) in the section heading, by striking ``termination of 
     commission'' and inserting ``termination of commission; 
     designation of local coordinating entity'';
       (B) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--The Commission''; and
       (C) by adding at the end the following:
       ``(b) Local Coordinating Entity.--
       ``(1) Designation.--The Blackstone River Valley National 
     Heritage Corridor, Inc., shall be the local coordinating 
     entity for the Corridor (referred to in this section as the 
     `local coordinating entity').
       ``(2) Implementation of management plan.--The local 
     coordinating entity shall assume the duties of the Commission 
     for the implementation of the Cultural Heritage and Land 
     Management Plan developed and approved under section 6.
       ``(c) Use of Funds.--For the purposes of carrying out the 
     management plan, the local coordinating entity may use 
     amounts made available under this Act--
       ``(1) to make grants to the States of Massachusetts and 
     Rhode Island (referred to in this section as the `States'), 
     political subdivisions of the States, nonprofit 
     organizations, and other persons;
       ``(2) to enter into cooperative agreements with or provide 
     technical assistance to the States, political subdivisions of 
     the s, nonprofit organizations, Federal agencies, and other 
     interested parties;
       ``(3) to hire and compensate staff, including individuals 
     with expertise in--
       ``(A) natural, historical, cultural, educational, scenic, 
     and recreational resource conservation;
       ``(B) economic and community development; or
       ``(C) heritage planning;
       ``(4) to obtain funds or services from any source, 
     including funds and services provided under any other Federal 
     law or program;
       ``(5) to contract for goods or services; and
       ``(6) to support activities of partners and any other 
     activities that further the purposes of the Corridor and are 
     consistent with the approved management plan.'';
       (3) in section 8 (120 Stat. 1858)--
       (A) in subsection (b)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(2) Cooperative agreements.--Notwithstanding chapter 63 
     of title 31, United States Code, the Secretary may enter into 
     cooperative agreements with the local coordinating entity 
     designated by paragraph (1) and other public or private 
     entities for the purpose of--
       ``(A) providing technical assistance; or
       ``(B) implementing the plan under section 6(c).''; and
       (B) by striking subsection (d) and inserting the following:
       ``(d) Transition Memorandum of Understanding.--The 
     Secretary shall enter into a memorandum of understanding with 
     the local coordinating entity to ensure--
       ``(1) the appropriate transition of management of the 
     Corridor from the Commission to the local coordinating 
     entity; and
       ``(2) coordination regarding the implementation of the 
     Cultural Heritage and Land Management Plan.'';
       (4) in section 10 (104 Stat. 1018, 120 Stat. 1858), by 
     striking subsection (c); and
       (5) by adding at the end the following:

     ``SEC. 11. REFERENCES TO THE CORRIDOR, INC.

       ``For purposes of sections 6, 8 (other than section 
     8(d)(1)), 9, and 10, a reference to the `Commission' shall be 
     considered to be a reference to the local coordinating 
     entity.''.
                                 ______
                                 
  SA 3808. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill S. 2199, to amend the Fair Labor Standards Act of 1938 
to provide more effective remedies to victims of discrimination in the 
payment of wages on the basis of sex, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ensuring Fairness in Pay 
     Act''.

     SEC. 2. PROHIBITION ON WAGE DISCRIMINATION.

       Section 6(d) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(d)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1)'' and inserting ``(1)(A)'';
       (B) by striking ``made pursuant to'' and all that follows 
     and inserting the following: ``made--
       ``(i) pursuant to a seniority system;
       ``(ii) pursuant to a merit or performance-based system;
       ``(iii) pursuant to a system which measures earnings by 
     quantity or quality of production;
       ``(iv) on the basis of work-related expertise;
       ``(v) due to a shift differential, if the shift with the 
     higher wage rate requires more work, or work that is more 
     difficult or dangerous; or
       ``(vi) on the basis of a demonstrable factor other than 
     sex, such as education, training, or experience.
       ``(B) An employer who is paying a wage rate differential in 
     violation of this subsection shall not, in order to comply to 
     comply with the provisions of this subsection, reduce the 
     wage rate of any employee.'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) Every employer, employment agency, and labor 
     organization, as the case may be, shall post and keep posted 
     in conspicuous places upon its premises where notices to 
     employees, applicants for employment, and members are 
     customarily posted, a notice to be prepared or approved by 
     the Equal Employment Opportunity Commission that sets forth 
     excerpts from, or summaries of, the pertinent provisions of 
     this Act (relating to section 6(d)) and of title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and 
     information pertinent to the filing of a complaint.''.

     SEC. 3. NONRETALIATION.

       Section 15 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 215) is amended--
       (1) in subsection (a)(3), by striking ``employee has 
     filed'' and all that follows and inserting ``employee--
       ``(A) has made a charge or filed any complaint or 
     instituted or caused to be instituted any investigation, 
     proceeding, hearing, or action under or related to this Act, 
     including an investigation conducted by the employer, or has 
     testified or is planning to testify or has assisted or 
     participated in any manner in any such investigation, 
     proceeding, hearing, or action, or has served or is planning 
     to serve on an industry committee; or
       ``(B) has inquired about, discussed, or disclosed the wages 
     of the employee or another employee;''; and
       (2) by adding at the end the following:
       ``(c)(1) Subsection (a)(3)(B) shall not apply to instances 
     in which an employee who has access to the wage information 
     of other employees as a part of such employee's essential job 
     functions discloses the wages of such other employees to an 
     individual who does not otherwise have access to such 
     information, unless such disclosure is in response to a 
     charge or complaint or in furtherance of an investigation, 
     proceeding, hearing, or action under section 6(d), including 
     an investigation conducted by the employer.
       ``(2) Any employer who requires an employee to sign a 
     contract or waiver that would prohibit the employee from 
     disclosing information about the employee's pay shall be 
     considered to have committed an unlawful act under subsection 
     (a)(3)(B).
       ``(3) Nothing in this subsection shall be construed to 
     limit the rights of an employee provided under any other 
     provision of law.''.

     SEC. 4. CIVIL PENALTY.

       Section 16(e) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216(e)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``(2)'' and inserting ``(2)(A)''; and
       (B) by adding at the end the following:
       ``(B) Any person who violates section 6(d) shall be subject 
     to a civil penalty of $2,500 for each employee affected (less 
     the amount of any penalty the person has paid under State law 
     for the wage differential involved), in addition to any 
     penalty that may apply under subparagraph (A).''; and
       (2) in paragraph (3), in the first sentence, by striking 
     ``this subsection'' and inserting ``this subsection (other 
     than paragraph (2)(B))''.

     SEC. 5. STATUTE OF LIMITATIONS.

       Section 16 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216) is amended by adding at the end the following:
       ``(f) An action brought under this section, alleging a 
     violation of section 6(d), shall be brought--
       ``(1) not later than 4 years after the date on which the 
     alleged violation occurred; and
       ``(2) not later than 3 years after the date on which the 
     employee involved became aware of the wage differential that 
     is the basis for the alleged violation.''.

     SEC. 6. INFORMATION ON WAGE RATE DIFFERENTIALS.

       The Fair Labor Standards Act of 1938 is amended by 
     inserting after section 18C (29 U.S.C. 218c) the following:

     ``SEC. 218D. INFORMATION ON WAGE RATE DIFFERENTIALS.

       ``(a) In General.--Effective July 1, 2015, the Secretary of 
     Labor may reserve a portion of the funds available under 
     section 169 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3224), and use the portion to award grants to 
     States that collect and disseminate information on wage rate 
     differentials in their States.
       ``(b) Application.--To be eligible to receive a grant under 
     subsection (a), a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary

[[Page S5569]]

     may require, including information demonstrating that the 
     State has collected and disseminated on the Web site of the 
     relevant State agency and by any other means the State may 
     determine to be appropriate--
       ``(1) accurate information, including statistics, on 
     differentials in the State in wage rates on the basis of sex;
       ``(2) historical analyses of differentials described in 
     paragraph (1);
       ``(3) an explanation of employee rights related to wage 
     rate differentials;
       ``(4) instructions for employers on compliance with laws 
     related to wage rate differentials; and
       ``(5) any other information that will assist the public in 
     understanding such differentials.''.
                                 ______
                                 
  SA 3809. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR MILITARY 
                   RETIREES WITH COMPENSABLE SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Restatement of Current Concurrent Payment Authority 
     With Extension of Payment Authority to Retirees With 
     Compensable Service-Connected Disabilities Rated Less Than 50 
     Percent Disabling.--Subsection (a) of section 1414 of title 
     10, United States Code, is amended by striking paragraphs (1) 
     and (2) and inserting the following new paragraphs:
       ``(1) In general.--Subject to paragraphs (2), (3), and (4) 
     and subsection (b), a member or former member of the 
     uniformed services who is entitled for any month to retired 
     pay and who is also entitled for that month to veterans' 
     disability compensation for a service-connected disability or 
     combination of service-connected disabilities that is 
     compensable under the laws administered by the Secretary of 
     Veterans Affairs (hereinafter in this section referred to as 
     `qualified retiree') is entitled to be paid both for that 
     month without regard to sections 5304 and 5305 of title 38.
       ``(2) One-year phase-in for qualified retirees with total 
     disabilities.--During the period beginning on January 1, 
     2004, and ending on December 31, 2004, payment of retired pay 
     to a qualified retiree is subject to subsection (c) if the 
     qualified retiree is any of the following:
       ``(A) A qualified retiree receiving veterans' disability 
     compensation for a disability rated as 100 percent disabling 
     by the Secretary of Veterans Affairs.
       ``(B) A qualified retiree receiving veterans' disability 
     compensation at the rate payable for a disability rated as 
     100 percent disabling by reason of a determination of 
     individual unemployability.
       ``(3) 10-year phase-in for qualified retirees with 
     disabilities rated 50 percent disabling or higher.--During 
     the period beginning on January 1, 2004, and ending on 
     December 31, 2013, payment of retired pay to a qualified 
     retiree is subject to subsection (c) if the qualified retiree 
     is entitled to veterans' disability compensation for a 
     service-connected disability or combination of service-
     connected disabilities that is rated not less than 50 percent 
     disabling by the Secretary of Veterans Affairs.
       ``(4) 10-year phase-in for qualified retirees with 
     compensable disabilities rated less than 50 percent 
     disabling.--During the period beginning on January 1, 2016, 
     and ending on December 31, 2025, payment of retired pay to a 
     qualified retiree is subject to subsection (d) if the 
     qualified retiree is entitled to veterans' disability 
     compensation for a service-connected disability or 
     combination of service-connected disabilities that is rated 
     less than 50 percent disabling by the Secretary of Veterans 
     Affairs but is compensable under the laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Phase-in for Qualified Retirees With Compensable 
     Disabilities Rated Less Than 50 Percent Disabling.--Such 
     section is further amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Phase-in of Full Concurrent Receipt for Qualified 
     Retirees With Compensable Disabilities Rated Less Than 50 
     Percent Disabling.--During the period beginning on January 1, 
     2016, and ending on December 31, 2025, retired pay payable to 
     a qualified retiree that pursuant to subsection (a)(4) is 
     subject to this subsection shall be determined as follows:
       ``(1) Calendar year 2016.--For a month during 2016, the 
     amount of retired pay payable to a qualified retiree is the 
     amount (if any) of retired pay in excess of the current 
     baseline offset, plus $100.
       ``(2) Calendar year 2017.--For a month during 2017, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount specified in paragraph (1) for that 
     qualified retiree; and
       ``(B) 10 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount specified in paragraph 
     (1) for that member's disability.
       ``(3) Calendar year 2018.--For a month during 2018, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (2) for that 
     qualified retiree; and
       ``(B) 20 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (2) for that qualified retiree.
       ``(4) Calendary year 2018.--For a month during 2019, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (3) for that 
     qualified retiree; and
       ``(B) 30 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (3) for that qualified retiree.
       ``(5) Calendar year 2020.--For a month during 2020, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (4) for that 
     qualified retiree; and
       ``(B) 40 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (4) for that qualified retiree.
       ``(6) Calendar year 2021.--For a month during 2021, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (5) for that 
     qualified retiree; and
       ``(B) 50 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (5) for that qualified retiree.
       ``(7) Calendar year 2022.--For a month during 2022, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (6) for that 
     qualified retiree; and
       ``(B) 60 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (6) for that qualified retiree.
       ``(8) Calendar year 2023.--For a month during 2023, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (7) for that 
     qualified retiree; and
       ``(B) 70 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (7) for that qualified retiree.
       ``(9) Calendar year 2024.--For a month during 2024, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (8) for that 
     qualified retiree; and
       ``(B) 80 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (8) for that qualified retiree.
       ``(10) Calendar year 2025.--For a month during 2025, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (9) for that 
     qualified retiree; and
       ``(B) 90 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (9) for that qualified retiree.
       ``(11) General limitation.--Retired pay determined under 
     this subsection for a qualified retiree, if greater than the 
     amount of retired pay otherwise applicable to that qualified 
     retiree, shall be reduced to the amount of retired pay 
     otherwise applicable to that qualified retiree.''.
       (c) Conforming Amendments to Phase-in for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher.--Subsection (c) of such section is amended--
       (1) in the subsection caption, by inserting ``for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher'' after ``Full Concurrent Receipt''; and
       (2) by striking ``the second sentence of subsection 
     (a)(1)'' and inserting ``subsection (a)(3)''.
       (d) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on December 31, 2015, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendment To Standardize Similar Provisions.--Paragraph 
     (2) of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\

[[Page S5570]]

     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.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2015, and shall apply to 
     payments for months beginning on or after that date.

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