[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3793 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3793

_______________________________________________________________________

                                 AN ACT


 
To amend title 37, United States Code, to require the continued payment 
    to a member of the uniformed services who dies or is retired or 
separated under chapter 61 of title 10, United States Code, bonuses and 
  similar benefits that the member was entitled to before the death, 
retirement, or separation of the member and would be paid if the member 
 had not died, retired, or separated, to prohibit requiring the member 
  to repay any portion of the bonuses or similar benefits previously 
                     paid, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Guaranteed Bonus Act of 
2007''.

SEC. 2. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR 
              MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED 
              OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.

    (a) Discretion to Provide Exception to Termination and Repayment 
Requirements Under Certain Circumstances.--Section 303a(e) of title 37, 
United States Code, is amended--
            (1) in the subsection heading, by inserting ``; Termination 
        of Entitlement to Unpaid Amounts'' after ``Met'';
            (2) in paragraph (1)--
                    (A) by striking ``A member'' and inserting ``(A) 
                Except as provided in paragraph (2), a member''; and
                    (B) by striking ``the requirements, except in 
                certain circumstances authorized by the Secretary 
                concerned.'' and inserting ``the eligibility 
                requirements and may not receive any unpaid amounts of 
                the bonus or similar benefit after the member fails to 
                satisfy the requirements, unless the Secretary 
                concerned determines that the imposition of the 
                repayment requirement and termination of the payment of 
                unpaid amounts of the bonus or similar benefit with 
                regard to the member would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.''; and
            (3) by redesignating paragraph (2) as subparagraph (B) of 
        paragraph (1).
    (b) Mandatory Payment of Unpaid Amounts Under Certain 
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of 
title 37, United States Code, is amended by inserting after paragraph 
(1), as amended by subsection (a), the following new paragraph (2):
    ``(2)(A) If a member of the uniformed services dies (other than as 
a result the member's misconduct) or is retired or separated for 
disability under chapter 61 of title 10, the Secretary concerned--
            ``(i) shall not require repayment by the member or the 
        member's estate of the unearned portion of any bonus or similar 
        benefit previously paid to the member; and
            ``(ii) shall require the payment to the member or the 
        member's estate of the remainder of any bonus or similar 
        benefit that was not yet paid to the member, but to which the 
        member was entitled immediately before the death, retirement, 
        or separation of the member, and would be paid if not for the 
        death, retirement, or separation of the member.
    ``(B) The amount to be paid under subparagraph (A)(ii) shall be 
equal to the full amount specified by the agreement or contract 
applicable to the bonus or similar benefit as if the member continued 
to be entitled to the bonus or similar benefit following the death, 
retirement, or separation.
    ``(C) Amounts to be paid to a member or the member's estate under 
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days 
after the date of the death, retirement, or separation of the member, 
whichever applies.''.
    (c) Conforming Amendments Reflecting Consolidated Special Pay and 
Bonus Authorities.--
            (1) Conforming amendments.--Section 373 of title 37, United 
        States Code, as added by section 661 of the National Defense 
        Authorization Act for Fiscal Year 2008, is amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by inserting 
                        ``and Termination'' after ``Repayment''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and the member may not 
                        receive any unpaid amounts of the bonus, 
                        incentive pay, or similar benefit after the 
                        member fails to satisfy such service or 
                        eligibility requirement''; and
                    (B) by striking subsection (b) and inserting the 
                following new subsection:
    ``(b) Exceptions.--
            ``(1) Discretion to provide exception to termination and 
        repayment requirements.--Pursuant to the regulations prescribed 
        to administer this section, the Secretary concerned may grant 
        an exception to the repayment requirement and requirement to 
        terminate the payment of unpaid amounts of a bonus, incentive 
        pay, or similar benefit if the Secretary concerned determines 
        that the imposition of the repayment and termination 
        requirements with regard to a member of the uniformed services 
        would be contrary to a personnel policy or management 
        objective, would be against equity and good conscience, or 
        would be contrary to the best interests of the United States.
            ``(2) Mandatory payment of unpaid amounts under certain 
        circumstances; no repayment of unearned amounts.--(A) If a 
        member of the uniformed services dies (other than as a result 
        the member's misconduct) or is retired or separated for 
        disability under chapter 61 of title 10, the Secretary 
        concerned--
                    ``(i) shall not require repayment by the member or 
                the member's estate of the unearned portion of any 
                bonus, incentive pay, or similar benefit previously 
                paid to the member; and
                    ``(ii) shall require the payment to the member or 
                the member's estate of the remainder of any bonus, 
                incentive pay, or similar benefit that was not yet paid 
                to the member, but to which the member was entitled 
                immediately before the death, retirement, or separation 
                of the member, and would be paid if not for the death, 
                retirement, or separation of the member.
            ``(B) The amount to be paid under subparagraph (A)(ii) 
        shall be equal to the full amount specified by the agreement or 
        contract applicable to the bonus, incentive pay, or similar 
        benefit as if the member continued to be entitled to the bonus, 
        incentive pay, or similar benefit following the death, 
        retirement, or separation.
            ``(C) Amounts to be paid to a member or the member's estate 
        under subparagraph (A)(ii) shall be paid in a lump sum not 
        later than 90 days after the date of the death, retirement, or 
        separation of the member, whichever applies.''.
            (2) Clerical amendments.--
                    (A) Section heading.--The heading of such section 
                is amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or 
              similar benefit, and termination of remaining payments, 
              when conditions of payment not met''.
                    (B) Table of contents.--The table of sections at 
                the beginning of chapter 5 of title 37, United States 
                Code, is amended by striking the item relating to 
                section 373 and inserting the following new item:

``373. Repayment of unearned portion of bonus, incentive pay, or 
                            similar benefit, and termination of 
                            remaining payments, when conditions of 
                            payment not met.''.
    (d) Condition on Implementation.--The implementation by the 
Secretary of Defense and the Secretary concerned (as defined in section 
101 of title 37, United States Code) of sections 303a(e) and 373 of 
such title, as amended by this section, during fiscal year 2008 shall 
be subject to the availability of funds for this purpose included in an 
appropriations Act enacted on or after the date of the enactment of 
this Act.

            Passed the House of Representatives December 18, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3793

_______________________________________________________________________

                                 AN ACT

To amend title 37, United States Code, to require the continued payment 
    to a member of the uniformed services who dies or is retired or 
separated under chapter 61 of title 10, United States Code, bonuses and 
  similar benefits that the member was entitled to before the death, 
retirement, or separation of the member and would be paid if the member 
 had not died, retired, or separated, to prohibit requiring the member 
  to repay any portion of the bonuses or similar benefits previously 
                     paid, and for other purposes.