[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4842 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4842

  To amend title 10, United States Code, to terminate the requirement 
 that disability compensation payable to a veteran by the Secretary of 
   Veterans Affairs be reduced by the amount of any payment to that 
        veteran under Department of Defense separation programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2002

    Ms. Hooley of Oregon (for herself, Mr. Gibbons, and Mr. Baker) 
 introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committee on Veterans' Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to terminate the requirement 
 that disability compensation payable to a veteran by the Secretary of 
   Veterans Affairs be reduced by the amount of any payment to that 
        veteran under Department of Defense separation programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) Many military personnel are leaving service before 
        becoming eligible for longevity retirement pay.
            (2) These individuals are entitled to separation pay from 
        the Department of Defense.
            (3) Many of these individuals are also entitled to 
        disability compensation from the Department of Veterans 
        Affairs.
            (4) Under present law, amounts received as a separation pay 
        or similar benefit programs of the Department of Defense must 
        be recouped from payments of veterans disability compensation.
            (5) Payments under those Department of Defense programs are 
        in no way related to disability.

SEC. 2. TERMINATION OF REQUIRED OFFSET OF DEPARTMENT OF DEFENSE 
              SEPARATION BENEFIT PAYMENTS AGAINST VETERANS DISABILITY 
              COMPENSATION.

    (a) Termination of Offset Requirements.--(1) Section 1174(h) of 
title 10, United States Code, is amended--
            (A) by striking ``Pay and Disability Compensation.--(1)'' 
        and inserting ``Pay.--''; and
            (B) by striking paragraph (2).
    (2) Section 1175(e) of such title is amended by striking paragraph 
(4).
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to payments of disability compensation payable under 
laws administered by the Secretary of Veterans Affairs for any month 
beginning after the date of the enactment of this Act.
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