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Legislative News

October 10, 2008

VETERANS/RETIREES
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Military members make freedom possible. AFSA works hard to ensure that those who have served are given the benefits they have earned. The issue of disabled veterans paying for their own retirement has long been an embarrassment for this nation. We will continue to work for improved veterans health care and benefits programs. We will push Congress to improve the veterans’ claims process. We will stay in the forefront of the effort to attain full concurrent receipt of military retirement pay and VA disability compensation. Finally, we will maintain the fight toward Combat-related Special Compensation eligibility for all of those who have been wounded in combat or in preparing for it.
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S. 2330, the “Veterans Homelessness Prevention Act,” Sen. Barack Obama, D-IL, would authorize a pilot program within the Departments of Veterans Affairs and Housing and Urban Development with the goal of preventing at-risk veterans and veteran families from falling into homelessness by expanding the supply of low-cost permanent housing for very low-income veteran families; and providing supportive services through such housing to support the needs of such veteran families. This is the companion bill of H.R. 4161
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H.R. 4161, the “Veterans Homelessness Prevention Act,” Rep. Al Green, D-TX, would authorize the Secretary of Housing and Urban Development, in coordination with the Secretary of Veterans Affairs, to carry out a pilot program to prevent at-risk veterans and veteran families from falling into homelessness, and for other purposes. This is the companion bill to S. 2330.
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S. 2377, the “Veterans Health Care Quality Improvement Act,” Sen. Richard Durbin, D-IL, would amend title 38, United States Code, to improve the quality of care provided to veterans in Department of Veterans Affairs medical facilities, to encourage highly qualified doctors to serve in hard-to-fill positions in such medical facilities, and establish quality assurance standards and officials to support quality improvement of VA health care.
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H.R. 4204, the “Veterans Suicide Study Act," Rep. Leonard L. Boswell, D-IA, would conduct a study of suicides among veterans since 1997 and report to Congress no later than 180 days after enactment of this legislation.
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S. 161, “Veterans' Disability Compensation Automatic COLA Act,” Sen. John Thune, R-SD
This legislation would amend title 38, United States Code, to provide for annual cost-of-living adjustments to be made automatically by law each year in the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans. This bill is associated with H.R. 402
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S. 206, “Social Security Fairness Act of 2007,” Sen. Dianne Feinstein, D-CA
This bill is the companion to H.R. 82; see H.R. 82 paragraph for details.
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S. 326, “Disabled Veterans Tax Fairness Act of 2007,” Sen. Blanche L. Lincoln, D-AR
This bill would allow members of the uniformed services whose retired pay in any taxable year is reduced due to an award of disability compensation by the Department of Veterans Affairs an extension of the three-year limitation period for filing tax refund claims until one year after the date of a disability determination. It would also limit the period for which such refund claims may be filed to taxable years beginning less than five years before the date of a disability determination.
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S. 423, “Veterans' Compensation Cost-of-Living Adjustment Act of 2007,” Sen. Daniel K. Akaka, D-HI
Would direct an increase, as of December 1, 2007, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Each such increase would be the same percentage as the increase in benefits provided under Social Security. This bill is associated with H.R. 1284.
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S. 439, “Retired Pay Restoration Act of 2007,” Sen. Harry Reid, D-NV
S. 439 would allow the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Further, the bill states that, in the case of a qualified retiree receiving VA compensation for a disability rated as total by reason of unemployability, payment of military retired pay would be subject to a phase-in of concurrent receipt of both only during the period beginning on January 1, 2004, and ending on December 31, 2007 (currently September 30, 2009). Finally, it would make eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. This bill is associated with H.R. 1436 (below).
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S. 815, “Veterans Health Care Empowerment Act of 2007,” Sen. Larry E. Craig, R-ID This bill would provide health care benefits to veterans with a service-connected disability at non-Department of Veterans Affairs medical facilities that receive payments under the Medicare program or the TRICARE program
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S. 986, “Combat-Related Special Compensation Act of 2007,” Sen. Harry Reid, D-NV
This legislation would authorize monthly combat-related special compensation (CRSC) pay to any military retiree who is entitled to retired pay and has a combat-related disability. (Currently, a retiree must meet those requirements and also have completed at least 20 years of retirement-creditable military service.)________________________________________
S. 2400, "Wounded Warrior Bonus Equity Act," Sen. Jeff Sessions, R-AL
This bill would require the Secretary of Defense to continue to pay certain bonuses to a member of the Armed Forces who is retired or separated from the Armed Forces due to a combat-related injury. This would apply to bonuses that the member was entitled to before the retirement or separation and would continue to be entitled to if the member was not retired or separated.
While this bill would apply to many bonuses, those that apply to enlisted members include:
• The 15-year career status bonus for members entering service on or after August 1, 1986.
• Bonus for members with foreign language proficiency.
• Retention incentives for members qualified in critical military skills or assigned to high priority units.
• Incentive bonus for conversion to military occupational specialty to ease personnel shortage.
• Incentive bonus for transfer between armed forces.
• Incentive bonus for retired members and reserve component members volunteering for high-demand, low-density assignments.
• Reenlistment bonus for members of the Selected Reserve.
• Bonus for affiliation or enlistment in the Selected Reserve.
• Bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve.
• Bonus for reenlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve.
• Prior service enlistment bonus.
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H.R. 82, “Social Security Fairness Act of 2007,” Rep. Howard L. Berman, D-CA
This bill would repeal the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). 1977 and 1983 changes to Social Security law have had a negative (although unintended) impact on the Social Security and survivor benefits of many federal civilian retirees. These onerous rules affect approximately 335,000 beneficiaries, and that number grows by about 15,000 annually. S. 206 would rectify this harmful situation. This bill is associated with S. 206 (above).
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H.R. 89, “Combat-Related Special Compensation Act,” Rep. Gus M. Bilirakis, R-FL
H.R. 89 would extend eligibility for combat-related special compensation (CRSC) pay to any military retiree who is entitled to retired pay and has a combat-related disability. (Currently, a retiree must meet those requirements and also have completed at least 20 years of retirement-creditable military service.)________________________________________
H.R. 92, “Veterans Timely Access to Health Care Act,” Rep. Ginny Brown-Waite, R-FL
H.R. 92 would establish the standard for access to care for a veteran seeking primary care from the VA at 30 days from the date the veteran contacts the Department. It would direct the Secretary of Veterans Affairs to prescribe an appropriate standard for waiting times at VA health-care facilities as measured from the time a visit is scheduled until the time the veteran is seen. The bill would authorize the Secretary to contract out for care when timeliness standards cannot be met, and it would direct the Secretary to provide a quarterly report to Congress on success/failure in meeting such standards
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H.R. 288, “Notch Baby Act of 2007,” Rep. Jo Ann Emerson, R-MO
This bill would amend the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who became eligible (at age 62) for (early retirement) old-age insurance benefits after 1978 and before 1989 (and reached age 65 for full-retirement benefits after 1981 and before 1992).
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H.R. 303, “Retired Pay Restoration Act,” Rep. Gus M. Bilirakis, R-FL
H.R. 303 would allow the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more), effective January 1, 2008. Makes eligible for the full concurrent receipt of both military retired pay and either veterans' disability compensation or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
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H.R. 333, “Disabled Veterans Tax Termination Act,” Rep. Jim Marshall, D-GA
This bill would permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans' disability compensation, eliminate the phase-in period for concurrent receipt, and extend eligibility for concurrent receipt and combat-related special compensation to chapter 61 disability retirees with less than 20 years of service.
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H.R. 368, “Notch Fairness Act of 2007,” Rep. Ralph M. Hall, R-TX
This bill would amend the Social Security Act to allow workers who attained age 65 after 1981 and before 1992 to choose either lump sum payments over four years totaling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes.
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H.R. 402, “Veterans' Disability Compensation Automatic COLA Act,” Rep. Joe Knollenberg, R-MI
This is the House companion bill to S. 161; see the S. 161 paragraph for details.
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H.R. 1284, “Veterans' Compensation Cost-of-Living Adjustment Act of 2007,” Rep. John Hall, D-NY
This is the House companion bill to S. 423; see the S. 423 paragraph for details.
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H.R. 1436, “Retired Pay Restoration Act,” Rep. Gus M. Bilirakis, R-FL
Note: With extremely minor variations, this bill is essentially the same as S. 439.
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H.R. 2234, “Disabled Veterans Tax Fairness Act of 2007,” Rep. Sam Farr, D-CA
This bill is essentially the same as S. 326 above, except this bill would “limit the period for which such refund claims may be filed to taxable years beginning less than 15 years before the date of disability determination.”
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H.R. 3819, the “Veterans Emergency Care Fairness Act of 2007,” Rep. Zachary T. Space, D-OH
This bill would require the Secretary of Veterans Affairs to reimburse veterans receiving emergency treatment in non-Department of Veterans Affairs facilities for such treatment until such veterans are transferred to Department facilities. The Senate companion bill is S. 2142.
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H.R. 3954, “Providing Military Honors for Our Nation’s Heroes Act,” Rep. Bob Filner, D-CA
This bill would authorize the Secretary of Veterans Affairs to reimburse a member of a veterans' service organization or other organization approved by the Secretary for transportation expenses and other expenses the Secretary determines are appropriate that are incurred in connection with the voluntary provision of a funeral honors detail at the funeral of a veteran.
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H.R. 4334, “Military Bonus Retention,” introduced by Rep. John M. McHugh, R-NY (Click here for full text)
This bill would amend title 37, United States Code, to ensure that a member of the uniformed services who no longer satisfies the eligibility conditions for receipt of a bonus or similar benefit because of the death of the member or the retirement or separation of the member due to injury, illness, or other impairment will still receive the balance of the bonus or similar benefit and is not required to repay any portion of the bonus or similar benefit previously paid.