118 HR 4401 IH: Restoring Earned Veterans Benefits Act U.S. House of Representatives 2023-06-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4401IN THE HOUSE OF REPRESENTATIVESJune 30, 2023Mr. Buchanan (for himself and Mr. Panetta) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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 concernedA BILLTo amend title 38, United States Code, to establish the timing of the resumption of payment of compensation or pension, after discontinuance by reason of receipt of active service pay.

1.

Short title

This Act may be cited as the Restoring Earned Veterans Benefits Act.

2.

Payment of certain veterans compensation after discontinuance by reason of receipt of active service pay

(a)

Timing of resumption of payment

(1)

Establishment

Subchapter II of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section:

5114.

Resumption of period of payment after discontinuance by reason of receipt of active service pay

Payment of compensation or pension, discontinued by reason of receipt of active service pay (pursuant to subsection (c) of section 5304 of this title), shall resume on the first day after the period of active service. The Secretary may resume such payment if the veteran has not filed a claim for such payment if the Secretary determines that the record contains sufficient evidence to re-establish the entitlement of the veteran to such benefit.

.(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5113 the following new item: 5114. Resumption of period of payment after discontinuance by reason of receipt of active service pay..(b)

Implementation plan

Not later than 180 days after the date of the enactment of this Act, the Secretaries of Veterans Affairs and Defense shall jointly implement a plan to—(1)to improve the process by which the Secretary of Defense notifies the Secretary of Veterans Affairs of the end of a period of active service by a veteran who was in receipt of compensation or pension benefits under title 38, United States Code, immediately before such period; and (2)to ensure timely resumption of payment in accordance with section 5114 of such title, as added by subsection (a).