[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6580 Received in Senate (RDS)]
2d Session
H. R. 6580
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2008
Received
_______________________________________________________________________
AN ACT
To ensure the fair treatment of a member of the Armed Forces who is
discharged from the Armed Forces, at the request of the member,
pursuant to the Department of Defense policy permitting the early
discharge of a member who is the only surviving child in a family in
which the father or mother, or one or more siblings, served in the
Armed Forces and, because of hazards incident to such service, was
killed, died as a result of wounds, accident, or disease, is in a
captured or missing in action status, or is permanently disabled, to
amend the Internal Revenue Code of 1986 to repeal the dollar limitation
on contributions to funeral trusts, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hubbard Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Continued payment of bonuses and similar benefits for members
of the Armed Forces who receive sole
survivorship discharge.
Sec. 3. Availability of separation pay for members of the Armed Forces
with less than six years of active service
who receive sole survivorship discharge.
Sec. 4. Transitional health care for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 5. Transitional commissary and exchange benefits for members of
the Armed Forces who receive sole
survivorship discharge.
Sec. 6. Veterans benefits for members of the Armed Forces who receive
sole survivorship discharge.
Sec. 7. Unemployment compensation for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 8. Preference-eligible status for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 9. Repeal of dollar limitation on contributions to funeral trusts.
Sec. 10. Effective dates.
SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR MEMBERS
OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP
DISCHARGE.
(a) Effect of Sole Survivorship Discharge.--Section 303a(e) of
title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``A member'' and
inserting ``(A) Except as provided in paragraph (2), a
member'';
(2) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1); and
(3) by inserting after paragraph (1), as so amended, the
following new paragraph (2):
``(2)(A) If a member of the uniformed services receives a sole
survivorship discharge, the Secretary concerned--
``(i) shall not require repayment by the member of the
unearned portion of any bonus, incentive pay, or similar
benefit previously paid to the member; and
``(ii) may grant an exception to the requirement to
terminate the payment of any unpaid amounts of a bonus,
incentive pay, or similar benefit if the Secretary concerned
determines that termination of the payment of the unpaid
amounts 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.
``(B) In this paragraph, the term `sole survivorship discharge'
means the separation of a member from the Armed Forces, at the request
of the member, pursuant to the Department of Defense policy permitting
the early separation of a member who is the only surviving child in a
family in which--
``(i) the father or mother or one or more siblings--
``(I) served in the Armed Forces; and
``(II) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
``(ii) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence.''.
(b) Sense of Congress.--In light of the extraordinary discretion
granted to the Secretary of a military department by statute and policy
to continue to pay the unpaid amounts of a bonus, incentive pay, or
similar benefit otherwise due to a member of the Armed Forces under the
jurisdiction of the Secretary who receives a sole survivorship
discharge, it is the sense of Congress that the Secretaries of the
military departments should aggressively use such discretion to the
benefit of members receiving a sole survivorship discharge.
SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS OF THE ARMED FORCES
WITH LESS THAN SIX YEARS OF ACTIVE SERVICE WHO RECEIVE
SOLE SURVIVORSHIP DISCHARGE.
Section 1174 of title 10, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Special Rule for Members Receiving Sole Survivorship
Discharge.--(1) A member of the Armed Forces who receives a sole
survivorship discharge shall be entitled to separation pay under this
section even though the member has completed less than six years of
active service immediately before that discharge. Subsection (e) shall
not apply to a member who receives a sole survivorship discharge.
``(2) The amount of the separation pay to be paid to a member
pursuant to this subsection shall be based on the years of active
service actually completed by the member before the member's sole
survivorship discharge.
``(3) In this subsection, the term `sole survivorship discharge'
means the separation of a member from the Armed Forces, at the request
of the member, pursuant to the Department of Defense policy permitting
the early separation of a member who is the only surviving child in a
family in which--
``(A) the father or mother or one or more siblings--
``(i) served in the Armed Forces; and
``(ii) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
``(B) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence.''.
SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 1145(a)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(E) A member who receives a sole survivorship discharge
(as defined in section 1174(i) of this title).''.
SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF
THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 1146 of title 10, United States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Benefits for Members Involuntarily Separated.--The Secretary
of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Benefits for Members Receiving Sole Survivorship Discharge.--
A member of the Armed Forces who receives a sole survivorship discharge
(as defined in section 1174(i) of this title) is entitled to continue
to use commissary and exchange stores and morale, welfare, and
recreational facilities in the same manner as a member on active duty
during the two-year period beginning on the later of the following
dates:
``(1) The date of the separation of the member.
``(2) The date on which the member is first notified of the
members entitlement to benefits under this section.''.
SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE
SOLE SURVIVORSHIP DISCHARGE.
(a) Housing Loan Benefits.--Section 3702(a)(2) of title 38, United
States Code, is amended by adding at the end the following new
subparagraph:
``(F) Each veteran who was discharged or released from a
period of active duty of 90 days or more by reason of a sole
survivorship discharge (as that term is defined in section
1174(i) of title 10).''.
(b) Employment and Training.--Section 4211(4) of such title is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) was discharged or released from active duty
by reason of a sole survivorship discharge (as that
term is defined in section 1174(i) of title 10).''.
(c) Existing Basic Educational Assistance.--
(1) Service on active duty.--Section 3011(a)(1) of such
title is amended--
(A) in subparagraph (A)(ii), by inserting after
``service-connected disability,'' the following: ``by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10),'';
(B) in subparagraph (B)(ii), by inserting after
``service-connected disability,'' the following: ``by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10),''; and
(C) in subparagraph (C)(iii)(II), by inserting
after ``service-connected disability,'' the following:
``by reason of a sole survivorship discharge (as that
term is defined in section 1174(i) of title 10),''.
(2) Service in the selected reserve.--Section 3012(b)(1) of
such title is amended--
(A) in subparagraph (A)--
(i) by striking ``, or (vi)'' and inserting
``, (vi)''; and
(ii) by inserting before the period at the
end the following: ``, or (vii) by reason of a
sole survivorship discharge (as that term is
defined in section 1174(i) of title 10)''; and
(B) in subparagraph (B)--
(i) in clause (i), by inserting after
``service-connected disability,'' the
following: ``by reason of a sole survivorship
discharge (as that term is defined in section
1174(i) of title 10),''; and
(ii) in clause (ii)--
(I) by striking ``, or (VI)'' and
inserting ``, (VI)''; and
(II) by inserting before the period
at the end the following: ``, or (VII)
by reason of a sole survivorship
discharge (as that term is defined in
section 1174(i) of title 10)''.
SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is
amended by striking ``hardship,'' and inserting ``hardship (including
pursuant to a sole survivorship discharge, as that term is defined in
section 1174(i) of title 10),''.
SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 2108(3) of title 5, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (G) the following:
``(H) a veteran who was discharged or released from
a period of active duty by reason of a sole
survivorship discharge (as that term is defined in
section 1174(i) of title 10);''.
SEC. 9. REPEAL OF DOLLAR LIMITATION ON CONTRIBUTIONS TO FUNERAL TRUSTS.
(a) In General.--Subsection (c) of section 685 of the Internal
Revenue Code of 1986 (relating to treatment of funeral trusts) is
repealed.
(b) Conforming Amendment.--Subsections (d), (e), and (f) of such
section are redesignated as subsections (c), (d), and (e),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 10. EFFECTIVE DATES.
(a) Retroactive Effective Date.--Except as provided in subsection
(b) and section 9, this Act and the amendments made by this Act shall
apply with respect to any sole survivorship discharge granted after
September 11, 2001.
(b) Date of Enactment Effective Date for Certain Amendments.--The
amendments made by sections 4, 7, and 8 shall apply with respect to
any sole survivorship discharge granted after the date of the enactment
of this Act.
(c) Sole Survivorship Discharge Defined.--In this section, the term
``sole survivorship discharge'' means the separation of a member from
the Armed Forces, at the request of the member, pursuant to the
Department of Defense policy permitting the early separation of a
member who is the only surviving child in a family in which--
(1) the father or mother or one or more siblings--
(A) served in the Armed Forces; and
(B) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
(2) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence.
Passed the House of Representatives July 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.