[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Page S7376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3880. Mr. PORTMAN (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 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 A of title VII, add the following:

     SEC. 704. TRICARE FOR MEMBERS OF THE RETIRED RESERVE.

       (a) Adjustment of Eligibility.--Paragraph (2) of section 
     1074(b) of title 10, United States Code, is amended to read 
     as follows:
       ``(2) Paragraph (1) does not apply to a member or former 
     member eligible for retired pay for non-regular service under 
     chapter 1223 of this title who is under 60 years of age 
     unless such member or former member is in receipt of such pay 
     (or would be in receipt of such pay but for section 5304 or 
     5305 of title 38).''.
       (b) TRICARE Retired Reserve.--Section 1076e(a) of title 10, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``who is qualified for a 
     non-regular retirement at age 60 under chapter 1223 of this 
     title, but is not age 60,'' and inserting ``described in 
     paragraph (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) A member of the Retired Reserve of a reserve 
     component of the armed forces is described in this paragraph 
     if the member--
       ``(A) is qualified for a non-regular retirement at age 60 
     under chapter 1223 of this title;
       ``(B) is not age 60; and
       ``(C) is not in receipt of retired pay under such chapter, 
     unless the member is not in receipt of such retired pay due 
     to the application of section 5304 or 5305 of title 38.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect January 1, 2022.
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