[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5266 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5266
To amend title 10, United States Code, to provide flexibility in the
recoupment of separation pay, severance pay, and readjustment pay from
members of the Armed Forces receiving veterans' disability
compensation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2026
Mr. Risch introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide flexibility in the
recoupment of separation pay, severance pay, and readjustment pay from
members of the Armed Forces receiving veterans' disability
compensation.
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' Earned Benefits Access Act
of 2026''.
SEC. 2. RECOUPMENT OF SEPARATION, SEVERANCE, AND READJUSTMENT PAY FROM
MEMBERS OF THE ARMED FORCES RECEIVING VETERANS'
DISABILITY COMPENSATION.
(a) In General.--Section 1174(h)(2) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by inserting ``(as provided under subparagraph (B))''
after ``there shall be deducted''; and
(3) by adding at the end the following new subparagraph:
``(B) The Secretary of Veterans Affairs may--
``(i) deduct the amount described in subparagraph (A) from
the disability compensation of a member in monthly
installments, as a lump sum, or using such other payment plan
as the Secretary determines appropriate; and
``(ii) waive the requirement for such deductions in the
case of a member who demonstrates to the Secretary that such
deductions would create a financial hardship for the member.''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out subparagraph (B) of section
1174(h)(2) of title 10, United States Code, as added by subsection
(a)--
(1) to ensure that a deduction from the veterans'
disability compensation of a member under that subparagraph in
a month does not exceed 25 percent of the member's veterans'
disability compensation for that month; and
(2) to establish a process under which a member may apply
for a hardship waiver under clause (ii) of that subparagraph.
(c) Effective Date.--The amendments made by this section shall--
(1) take effect on the first day of the first month
beginning after the date on which final regulations under
subsection (b) are published in the Federal Register; and
(2) apply to veterans' disability compensation paid on or
after that date.
(d) Veterans' Disability Compensation Defined.--In this section,
the term ``veterans' disability compensation'' has the meaning given
the term ``compensation'' in section 101 of title 38, United States
Code.
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