S.Amdt. 3880

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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