H.R. 3730 – Immediate and Full Repeal of the Disabled Veterans Tax Act of 2004

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3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Benefits.

April 13, 2004

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HouseIntro Referral

Sponsor introductory remarks on measure. (CR H672-673)

January 26, 2004

HouseIntro Referral

Introduced in House

January 27, 2004

HouseIntro Referral

Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, 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 concerned.

Armed Services Committee

January 27, 2004

HouseCommittee

Referred to the Subcommittee on Benefits.

April 13, 2004

Floor Debate

1 member

What members said about H.R. 3730 on the floor

1 Democrat

Rep. Bob FilnerD-CA-51 · Feb 26, 2004

Mr. Speaker, I rise today to let everyone know of a bill I have introduced that will eliminate what we call the Disabled Veterans Tax and to provide immediate concurrent receipt of military retired…

Mr. Speaker, I rise today to let everyone know of a bill I have introduced that will eliminate what we call the Disabled Veterans Tax and to provide immediate concurrent receipt of military retired pay and VA disability compensation to all deserving disabled military retirees.

H.R. 3730 is called the Immediate and Full Repeal of the Disabled Veterans Tax Act of 2004 and does exactly what the title says. It eliminates the years of waiting before all disabled military retirees receive all the retired pay and compensation they have earned and deserve.

Last year, our Nation's veterans waged a long and determined campaign to eliminate this Disabled Veterans Tax. As my colleagues know, we did take a step that some say was a legitimate compromise but I call an insult to our veterans. That law makes veterans with a disability rating of 50 percent or more wait 10 years before their tax is completely eliminated. A great number of those veterans are elderly and unfortunately may not live to see the day that they get their full compensation.

Even worse, fully two thirds of America's disabled veterans have been left behind and will continue to be taxed as before, nearly 400,000 of our veterans. Despite the actions of Congress, the Disabled Veterans Tax is alive and well.

Some of the veterans left behind include a veteran of the Kuwait theatre who had below-the-knee amputation after being hit by a drunk driver while jogging near the Pentagon to maintain

physical fitness. He does not qualify under the act we passed. Neither does a retiree who cannot work on a family farm because of pain, numbness, and osteoarthritis of both feet due to exposure of cold during noncombatant military service; a veteran who lost an eye when an air hose accidentally detached from an airplane being worked on and who cannot work as an airline pilot. He still pays the tax; as does a female retiree who has weekly panic attacks and chronic sleep disturbances as the result of a sexual assault which occurred while on active duty.

Mr. Speaker, we took the first step towards eliminating the Disabled Veterans Tax, but I would give us a grade of incomplete. We did not do the ``A'' work that our veterans deserve. During the time I have been in Congress, I cannot recall more than one or two other issues where I have received so many letters, e-mails, and phone calls. Our veterans have been telling us that this is an important issue to them. They deserve that we complete our work and do it at an ``A'' level.

I understand there are costs to concurrent receipt, but I also understand that the now disabled veterans did not hesitate when they were called to duty. They have returned home with disabilities they have had to live with ever since. How can we doubt the imperative that we keep our promise and give them what they deserve? They earned their military retired pay. They deserve their VA disability compensation. We should not make them wait any longer for justice to prevail.

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Introduced in HouseIssued January 27, 2004

I

108th CONGRESS

2d Session

H. R. 3730

IN THE HOUSE OF REPRESENTATIVES

January 27, 2004

Mr. Filner introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, 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 concerned

A BILL

To amend title 10, United States Code, to provide for immediate implementation of full concurrent receipt for retired members of the Armed Forces who have a service-connected disability of both military retired pay paid by reason of their years of military service and disability compensation from the Department of Veterans Affairs paid by reason of their disability.

1.

Short title

This Act may be cited as the &short-title1;.

2.

IMMEDIATE IMPLEMENTATION OF FULL CONCURRENT RECEIPT

(a)

Revisions to fiscal year 2004 amendments

Section 1414 of title 10, United States Code, as amended by section 641(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1511), is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking the second sentence; and

(B)

in paragraph (2), by striking 50 percent and inserting 10 percent;

(2)

by striking subsection (c); and

(3)

in subsection (e), by striking paragraphs (3) and (4).

(b)

Clerical amendments

(1)

The heading for such section is amended by striking for disabilities rated 50 percent or higher.

(2)

The table of sections at the beginning of chapter 71 of such title is amended by striking for disabilities rated 50 percent or higher.

(c)

Effective date

The amendments made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to payments for months beginning on or after that day.