[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3793 Placed on Calendar Senate (PCS)]
Calendar No. 554
110th CONGRESS
1st Session
H. R. 3793
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2007
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To amend title 37, United States Code, to require the continued payment
to a member of the uniformed services who dies or is retired or
separated under chapter 61 of title 10, United States Code, bonuses and
similar benefits that the member was entitled to before the death,
retirement, or separation of the member and would be paid if the member
had not died, retired, or separated, to prohibit requiring the member
to repay any portion of the bonuses or similar benefits previously
paid, 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.
This Act may be cited as the ``Veterans Guaranteed Bonus Act of
2007''.
SEC. 2. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR
MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED
OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.
(a) Discretion to Provide Exception to Termination and Repayment
Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
United States Code, is amended--
(1) in the subsection heading, by inserting ``; Termination
of Entitlement to Unpaid Amounts'' after ``Met'';
(2) in paragraph (1)--
(A) by striking ``A member'' and inserting ``(A)
Except as provided in paragraph (2), a member''; and
(B) by striking ``the requirements, except in
certain circumstances authorized by the Secretary
concerned.'' and inserting ``the eligibility
requirements and may not receive any unpaid amounts of
the bonus or similar benefit after the member fails to
satisfy the requirements, unless the Secretary
concerned determines that the imposition of the
repayment requirement and termination of the payment of
unpaid amounts of the bonus or similar benefit with
regard to the member 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.''; and
(3) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(b) Mandatory Payment of Unpaid Amounts Under Certain
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of
title 37, United States Code, is amended by inserting after paragraph
(1), as amended by subsection (a), the following new paragraph (2):
``(2)(A) If a member of the uniformed services dies (other than as
a result the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus or similar
benefit previously paid to the member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus or similar
benefit that was not yet paid to the member, but to which the
member was entitled immediately before the death, retirement,
or separation of the member, and would be paid if not for the
death, retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii) shall be
equal to the full amount specified by the agreement or contract
applicable to the bonus or similar benefit as if the member continued
to be entitled to the bonus or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate under
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days
after the date of the death, retirement, or separation of the member,
whichever applies.''.
(c) Conforming Amendments Reflecting Consolidated Special Pay and
Bonus Authorities.--
(1) Conforming amendments.--Section 373 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by inserting
``and Termination'' after ``Repayment''; and
(ii) by inserting before the period at the
end the following: ``, and the member may not
receive any unpaid amounts of the bonus,
incentive pay, or similar benefit after the
member fails to satisfy such service or
eligibility requirement''; and
(B) by striking subsection (b) and inserting the
following new subsection:
``(b) Exceptions.--
``(1) Discretion to provide exception to termination and
repayment requirements.--Pursuant to the regulations prescribed
to administer this section, the Secretary concerned may grant
an exception to the repayment requirement and requirement to
terminate the payment of unpaid amounts of a bonus, incentive
pay, or similar benefit if the Secretary concerned determines
that the imposition of the repayment and termination
requirements with regard to a member of the uniformed services
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.
``(2) Mandatory payment of unpaid amounts under certain
circumstances; no repayment of unearned amounts.--(A) If a
member of the uniformed services dies (other than as a result
the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary
concerned--
``(i) shall not require repayment by the member or
the member's estate of the unearned portion of any
bonus, incentive pay, or similar benefit previously
paid to the member; and
``(ii) shall require the payment to the member or
the member's estate of the remainder of any bonus,
incentive pay, or similar benefit that was not yet paid
to the member, but to which the member was entitled
immediately before the death, retirement, or separation
of the member, and would be paid if not for the death,
retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii)
shall be equal to the full amount specified by the agreement or
contract applicable to the bonus, incentive pay, or similar
benefit as if the member continued to be entitled to the bonus,
incentive pay, or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate
under subparagraph (A)(ii) shall be paid in a lump sum not
later than 90 days after the date of the death, retirement, or
separation of the member, whichever applies.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of remaining payments,
when conditions of payment not met''.
(B) Table of contents.--The table of sections at
the beginning of chapter 5 of title 37, United States
Code, is amended by striking the item relating to
section 373 and inserting the following new item:
``373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of
remaining payments, when conditions of
payment not met.''.
(d) Condition on Implementation.--The implementation by the
Secretary of Defense and the Secretary concerned (as defined in section
101 of title 37, United States Code) of sections 303a(e) and 373 of
such title, as amended by this section, during fiscal year 2008 shall
be subject to the availability of funds for this purpose included in an
appropriations Act enacted on or after the date of the enactment of
this Act.
Passed the House of Representatives December 18, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 554
110th CONGRESS
1st Session
H. R. 3793
_______________________________________________________________________
AN ACT
To amend title 37, United States Code, to require the continued payment
to a member of the uniformed services who dies or is retired or
separated under chapter 61 of title 10, United States Code, bonuses and
similar benefits that the member was entitled to before the death,
retirement, or separation of the member and would be paid if the member
had not died, retired, or separated, to prohibit requiring the member
to repay any portion of the bonuses or similar benefits previously
paid, and for other purposes.
_______________________________________________________________________
December 19, 2007
Received; read twice and placed on the calendar