[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4401
To 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.
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IN THE HOUSE OF REPRESENTATIVES
June 30, 2023
Mr. 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
concerned
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A BILL
To 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.
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 ``Restoring Earned Veterans Benefits
Act''.
SEC. 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:
``Sec. 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).
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