National Defense Authorization Act For Fiscal Year 2005
Mr. President, on behalf of the two managers, I am reporting today that we will have two amendments by the Senator from Illinois that will be offered, two amendments by the Senator from New Jersey will be offered, an amendment by the…
Mr. President, on behalf of the two managers, I am reporting today that we will have two amendments by the Senator from Illinois that will be offered, two amendments by the Senator from New Jersey will be offered, an amendment by the Senator from Rhode Island will be offered, and I will offer an amendment. That is the schedule for today's session.
Of course, as the majority indicated, there will not be any votes. If the managers require votes, and these are not accepted, these votes will be stacked for Monday night in addition to amendments offered Monday that were announced at an earlier time.
Senator Durbin was only asking for the yeas and nays.
Mr. President, I am wondering if my friend from Rhode Island would yield? He would get the floor as soon as Senator Dayton takes a minute to introduce a bill as in morning business. Will the Senator allow us to do that? We promised him some time yesterday.
But you already have your amendment pending here. Has it been reported?
I ask unanimous consent the Senator from Minnesota be recognized and be able to speak as in morning business for 5 minutes, and the Senator from Rhode Island then regain the floor to discuss his amendment.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I ask unanimous consent that the pending amendment be laid aside and that we now call up amendment No. 3297, as modified, which is at the desk.
Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
Mr. President, it seems that every year at this time I come to the floor to offer an amendment on behalf of America's disabled veterans. It is something that I have become accustomed to and something that the veterans expect of me.
The amendment I offer today, and have for many years, deals with concurrent receipt, a subject first brought to my attention many years ago by a disabled veteran. This is also called the veterans tax.
A disabled veteran told me in Nevada many years ago that he wasn't allowed to receive both his retirement pay and disability compensation at the same time. I thought he misunderstood what the law was all about. His retirement pay was being offset dollar for dollar by the amount of disability compensation he received. He said it was a restriction found in U.S. law. I assumed he was wrong because it seemed so unfair.
He was right. It was a law that had been in effect for more than 100 years. The law was on the books and hundreds of thousands of disabled veterans were having their retirement pay wiped out. No other disabled Federal retiree was being subjected to this tax; only those who retired from the U.S. military.
So with the help of my colleagues, especially Senators Warner and Levin, and at a later time Senator McCain, we have been chipping away at this unfair restriction for a number of years. With their help, we have made some progress, I think considerable progress.
At first, it was a tiny bit, and it became bigger and bigger, until last year we took a major step forward. We had been looking for full concurrent receipt, but last year we ended up with a compromise agreement that ends the restriction on current receipt for combat- disabled retirees and those retirees who have a service-connected disability rated at least 50 percent.
Had we had this law changed 20, 30, or 40 years ago, many more people would have been able to apply for it. Sadly, each day of every year more than 1,000 World War II veterans die. Even though we have almost 30,000 people still eligible for these benefits, many who should have received them are now gone. So our step last year was an important step forward, but it was far from perfect.
Many tens of thousands of disabled veterans are still not covered under last year's agreement, and even those who are covered have to wait a full 10 years before their offset in retirement pay is completely eliminated. That is a long time to wait, particularly for the severely disabled and especially for veterans of the Korean conflict and
World War II because the average age of those individuals is 83 for a World War II veteran and over 70 for a Korean war veteran.
My amendment that I offer today does a simple thing. It eliminates the 10-year phase-in period for the most severely disabled; that is, those who are rated 100-percent disabled. As I indicated, there are about 30,000 of those 100-percent disabled veterans. Their average age is 59 years old, which takes into consideration the conflicts in Vietnam, the Persian Gulf war, and many other battles we have fought over the years.
Most of these thousands of veterans are disabled from their military service, and they cannot work anymore. Rarely do we find someone 100- percent disabled who can work, but there are some. Typically, these cases include conditions that run the whole spectrum. Some are medical concerns. Some are as a result of actual injuries received. Remember, these are service-connected disabilities. There are some with chronic illnesses who have been diagnosed during active duty and the disease progression prevented a second career.
Madam President, 100 percent is the highest disability rating given by the Department of Veterans Affairs, and it is always associated with decreased life expectancy. So a 10-year phase-in for these veterans to receive full disability and retirement payment will not be realized by many of them. Many will simply not live long enough to reap the benefits of full concurrent receipt.
Let me give an example about the harsh financial impact caused by this long phase-in period. One disabled veteran from Nevada who served 24 years in the Air Force wrote to me recently. She is 100-percent disabled. Under last year's 10-year implementation scheme, she still forfeits $1,571 of earned retired pay every month. Since retiring from the Air Force in 1991, she has forfeited $275,000 of retired pay. If we keep the 10-year phase-in period as is, she will forfeit an additional $80,000. For a person unable to work because of a service-connected disability, every dollar counts and this offset becomes punitive.
This amendment that is now before the Senate pays the most severely disabled now at a fraction of the cost of last year's concurrent receipt bill. We do not create a new benefit. We simply want to pay those most severely disabled now, instead of waiting until they are dead and, therefore, not able to receive it.
This is a compromise. I want every disabled American veteran not to have to give up any part of their pay. This is a compromise. We are not expanding the law in the sense that we are going to include people rated differently than 50 percent, but we are going to allow these people, the 100-percent disabled, to get their money now. I think they deserve this. I think it is so unfair we do not do it.
This is a matter that will be voted on. If the committee decides not to accept it, we will vote on this issue. I feel confident that it will be very difficult for people to return home and look a 100-percent disabled veteran in the face and say: We couldn't afford to pay you now. Wait a while.
I cannot ask for the yeas and nays, but I will at the appropriate time. I suggest the absence of a quorum.
Madam President, I ask unanimous consent that the order for the quorum call be dispensed with.
Madam President, I ask that my amendment be set aside and we return to amendment No. 3196.
Madam President, there is no further debate on this amendment. I, therefore, ask that we vitiate the yeas and nays. The amendment has been reported. This is the Durbin amendment that has been debated this morning.
I move to reconsider the vote, and I move to lay that motion on the table.
The motion to lay on the table was agreed to.
I suggest the absence of a quorum.
Madam President, that is true. We already have people lined up for Monday for amendments. We have Senators Dayton, Byrd, Bingaman, Levin, and we have a number of people on Tuesday. We are about to finish this piece of legislation.
We have a couple of votes--maybe as many as three votes--on Monday, if necessary, but we will have to see what happens on Tuesday. There could even be more than that on Tuesday. I have heard the possibility that we could have maybe six or seven amendments on Tuesday. If we are fortunate, we will be able to finish the bill sometime late that night.
Mr. President, it is amendment No. 3297.
I move to reconsider the vote.
Mr. President, the Senator was off the floor when I gave my statement. Senator Sessions was covering the floor. But I was quite effusive in my praise of the chairman and the ranking member. These years we have worked on this issue have been tough years. There have been monetary concerns on what we have to do for the military.
Had it not been for the breaking of new ground by the chairman and ranking member--this law has been in effect for more than 100 years-- even though I was the person who was advocating this, but for the understanding of the two people we hold out as being our experts in the area of taking care of our military, it would not have been done.
I am so grateful for the help of Senator Levin and Senator Warner. The veterans around the country know that. They know I was the guy out yelling and screaming. But they know the two individuals who made sure we got something done every year--the first year I introduced this, it was not a shutout. The first year we got a little bit. The second year we got more. We have continued to the point where we now are at 50 percent. Those people who are 100-percent disabled will start receiving their money the minute the President signs this most important bill.
I appreciate the comments of the gentleman from Virginia, because certainly he is that. But, also, I want to pat him on the back because he certainly deserves it.