[Congressional Record Volume 169, Number 118 (Tuesday, July 11, 2023)]
[Senate]
[Pages S2316-S2317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 142. Mr. TESTER (for himself, Mr. Crapo, Ms. Baldwin, Mr. Bennet, 
Mr. Blumenthal, Mr. Booker, Mr. Brown, Mrs. Capito, Mr. Cardin, Mr. 
Casey, Mr. Cornyn, Ms. Cortez Masto, Mr. Cramer, Mr. Cruz, Mr. Durbin, 
Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, Mr. Heinrich, Ms. 
Hassan, Ms. Hirono, Mrs. Hyde-Smith, Mr. Kaine, Mr. Kelly, Mr. King, 
Mr. Lujan, Mr. Menendez, Mr. Merkley, Mr. Moran, Ms. Murkowski, Mrs. 
Murray, Mr. Ossoff, Mr. Padilla, Mr. Ricketts, Mr. Risch, Ms. Rosen, 
Mr. Rounds, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Stabenow, Mr. 
Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Wyden, 
Mr. Daines, Mr. Peters, Ms. Sinema, Mr. Markey, and Mr. Scott of 
Florida) submitted an amendment intended to be proposed by him to the 
bill S. 2226, to authorize appropriations for fiscal year 2024 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 appropriate place in title VI, insert the following:

     SEC. 6__. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 
                   20 YEARS OF SERVICE AND A COMBAT-RELATED 
                   DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' 
                   DISABILITY COMPENSATION AND RETIRED PAY.

       (a) Concurrent Receipt in Connection With CSRC.--Section 
     1413a(b)(3)(B) of title 10, United States Code, is amended by 
     striking ``creditable service,'' and all that follows and 
     inserting the following: ``creditable service--
       ``(i) the retired pay of the retiree is not subject to 
     reduction under sections 5304 and 5305 of title 38; and
       ``(ii) no monthly amount shall be paid the retiree under 
     subsection (a).''.
       (b) Concurrent Receipt Generally.--Section 1414(b)(2) of 
     title 10, United States Code, is amended by striking 
     ``Subsection (a)'' and

[[Page S2317]]

     all that follows and inserting the following: ``Subsection 
     (a)--
       ``(A) applies to a member described in paragraph (1) of 
     that subsection who is retired under chapter 61 of this title 
     with less than 20 years of service otherwise creditable under 
     chapter 1405 of this title, or with less than 20 years of 
     service computed under section 12732 of this title, at the 
     time of the member's retirement if the member has a combat-
     related disability (as that term is defined in section 
     1413a(e) of this title), except that in the application of 
     subsection (a) to such a member, any reference in that 
     subsection to a qualifying service-connected disability shall 
     be deemed to be a reference to that combat-related 
     disability; but
       ``(B) does not apply to any member so retired if the member 
     does not have a combat-related disability.''.
       (c) Technical and Conforming Amendments.--
       (1) Amendments reflecting end of concurrent receipt phase-
     in period.--Section 1414 of title 10, United States Code, is 
     further amended--
       (A) in subsection (a)(1)--
       (i) by striking the second sentence; and
       (ii) by striking subparagraphs (A) and (B);
       (B) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (C) in subsection (d), as redesignated, by striking 
     paragraphs (3) and (4).
       (2) Section heading.--The heading of such section 1414 is 
     amended to read as follows:

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

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 1414 and inserting the following 
     new item:
``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt.''.
       (4) Conforming amendment.--Section 1413a(f) of such title 
     is amended by striking ``Subsection (d)'' and inserting 
     ``Subsection (c)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning after the date of the enactment of this Act and 
     shall apply to payments for months beginning on or after that 
     date.
                                 ______