[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4334 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4334

 To amend title 37, United States Code, to ensure that a member of the 
 uniformed services who no longer satisfies the eligibility conditions 
 for receipt of a bonus or similar benefit because of the death of the 
  member or the retirement or separation of the member due to injury, 
  illness, or other impairment will still receive the balance of the 
 bonus or similar benefit and is not required to repay any portion of 
             the bonus or similar benefit previously paid.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2007

Mr. McHugh (for himself and Mr. Hunter) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 37, United States Code, to ensure that a member of the 
 uniformed services who no longer satisfies the eligibility conditions 
 for receipt of a bonus or similar benefit because of the death of the 
  member or the retirement or separation of the member due to injury, 
  illness, or other impairment will still receive the balance of the 
 bonus or similar benefit and is not required to repay any portion of 
             the bonus or similar benefit previously paid.

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

SECTION 1. EFFECT OF DEATH OR RETIREMENT OR SEPARATION OF A MEMBER OF 
              THE UNIFORMED SERVICES DUE TO INJURY, ILLNESS, OR OTHER 
              IMPAIRMENT ON ENTITLEMENT TO BONUS OR SIMILAR PAYMENTS.

    (a) Limitations on Repayment; Continued Payment.--Section 303a(e) 
of title 37, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``A member'' and inserting ``Except 
                as provided in paragraphs (2) and (3), a member''; and
                    (B) by striking ``, except in certain circumstances 
                authorized by the Secretary concerned'';
            (2) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (4), (5), and (6), respectively;
            (3) in paragraph (4), as so redesignated, by striking ``may 
        be granted'' in the first sentence and inserting ``may be 
        granted under paragraph (3)'';
            (4) in paragraph (6)(B), as so redesignated, by striking 
        ``paragraph (3)(B)'' and inserting ``paragraph (5)(B)''; and
            (5) by inserting after paragraph (1) the following new 
        paragraphs:
    ``(2)(A) If a member of the uniformed services who is entitled to a 
bonus or similar benefit no longer satisfies the eligibility 
requirements for continued receipt of the bonus or similar benefit 
because of the death of the member or the retirement or separation of 
the member under chapter 61 of title 10 due to an injury, illness, or 
other impairment, not incurred as a result of the member's own 
misconduct, the Secretary concerned--
            ``(i) may not require the member or the member's estate to 
        repay to the United States the unearned portion of the bonus or 
        similar benefit previously paid; and
            ``(ii) shall pay any portion of the bonus or similar 
        benefit not yet paid as provided by subparagraph (B).
    ``(B) In the case of the death of a member described in 
subparagraph (A), the Secretary concerned shall include the amount of 
any unpaid portion of a bonus or similar benefit in the final pay of 
the deceased member. In other cases, the unpaid portion of the bonus or 
similar benefit shall be paid to the member as soon as practicable, but 
not later than 90 days following the date of the retirement or 
separation of the member.
    ``(3)(A) In the case of circumstances not covered by paragraph (2), 
the Secretary concerned may grant an exception to the repayment 
requirements of paragraph (1) for a member of the uniformed services 
otherwise subject to the repayment requirements if the Secretary 
determines that imposing the repayment requirements would be--
            ``(i) contrary to personnel policy or management 
        objectives;
            ``(ii) against equity and good conscience; or
            ``(iii) contrary to the best interests of the United 
        States.
    ``(B) In addition to granting an exception for a member under 
subparagraph (A) to the repayment requirements, the Secretary concerned 
may authorize the continued payment of any portion of a bonus or 
similar benefit not yet paid to a member who is unable to fulfill the 
eligibility requirements for receipt of the bonus or similar benefit, 
subject to the Secretary making the determination required by 
subparagraph (A).
    ``(C) The grant of an exception under subparagraph (A), the 
authorization for the continued payment of a bonus or similar benefit 
under subparagraph (B), and the determinations required by such 
subparagraphs shall be made by the Secretary concerned on a case-by-
case basis.''.
    (b) Retroactive Application of Amendment.--Paragraphs (2) and (3) 
of section 303a(e) of title 37, United States Code, as added by 
subsection (a), shall apply with respect to members of the uniformed 
services who were entitled to a bonus or similar benefit (as defined in 
such section) during the period beginning on September 11, 2001, and 
ending on the date of the enactment of this Act, but who no longer 
satisfied the eligibility requirements for continued receipt of the 
bonus or similar benefit because of the death, retirement, or 
separation of the member during that period due to an injury, illness, 
or other impairment, not incurred as a result of the member's own 
misconduct.
                                 <all>