Legislative Updates
CURRENT LEGISLATION EFFECTING THE MILITARY THAT AFSA IS MONITORING
EDUCATION
H.R. 114, the "Veterans Entrepreneurial Transition Business Act," by Rep. Jeff Fortenberry, R-NE. This bill would allow veterans to elect to use, with the approval of the Secretary of Veterans Affairs, certain financial educational assistance to establish and operate certain businesses.
H.R. 950, "Distance Learning Act," Rep. Bob Filner, D-CA
This bill would amend chapter 33 of title 38, United States Code, to increase educational assistance for certain veterans pursuing a program of education offered through distance learning.
H.R. 1336, the “Veterans Education Improvement Act of 2009,”by Rep. Stephanie Herseth Sandlin, D-SD This bill would make certain improvements in the basic educational assistance program administered by the Secretary of Veterans Affairs.
H.R. 1851, (No title), by Rep. Stephanie Herseth Sandlin, D-SD This bill would require that members of the Armed Forces who served on active duty at least 180 days receive Department of Labor Transition Assistance Program services.
H.R. 2456, the “Veterans Education Tuition Support Act of 2009,” by Rep. Susan Davis, D-CA This bill would amend section 484B of the Higher Education Act of 1965 to provide for tuition reimbursement and loan forgiveness to students who withdraw from an institution of higher education to serve in the Uniformed Services.
FAMILY MEMBERS
S. 475, “Military Spouses Residency Relief Act,” Sen. Richard Burr, R-NC Would amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency. (Companion bill to H.R. 1182)
H.R. 1182, “Military Spouses Residency Relief Act,” by Rep. John R. Carter, R-TX This bill would amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency. (Companion bill to S. 475)
GUARD AND RESERVE
H.R. 208, the "National Guardsmen and Reservists Parity for Patriots Act," by Rep. Joe Wilson, R-SC
This bill would amend title 10, United States Code, to ensure that members of the reserve components of the Armed Forces who have served on active duty or performed active service since September 11, 2001, in support of a contingency operation or in other emergency situations receive credit for such service in determining eligibility for early receipt of non-regular service retired pay.
H.R. 270, "TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2009," Rep. Robert E. Latta, R-OH This bill would amend title 10, United States Code, to provide for continuity of TRICARE Standard coverage for members of the Retired Reserve and their families who have qualified for retirement but who have not yet reached age 60.
H.R. 972, (No title), Rep. Joe Wilson, R-SC This legislation would amend title 10, United States Code, to eliminate the requirement that certain former members of the reserve components of the Armed Forces be at least 60 years of age in order to be eligible to receive health care benefits.
H.R. 1695, (No title), Rep. Frank A. LoBiondo, D-NJ This bill would amend title 10, United States Code, to reduce the minimum age for receipt of military retired pay for non-regular service from 60 to 55.
S. 644, “National Guard and Reserve Retired Pay Equity Act of 2009,” Sen. Saxby Chambliss, R-GA Would amend title 10, United States Code, to include service after September 11, 2001, as service qualifying for the determination of a reduced eligibility age for receipt of non-regular service retired pay.
S. 731, the “TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2009,” by Sen. Ben Nelson, D-NE This bill would provide TRICARE Standard eligibility for “Gray Area” Guard and Reserve retirees and their families.
S. 831, the “National Guard and Reserve Retired Pay Equity Act of 2009,” by Sen. John F. Kerry This legislation would include service after September 11, 2001, as service qualifying for the determination of a reduced eligibility age for receipt of non-regular service.
S. 1072, (No title), by Sen. Blanche L. Lincoln, D-AR This bill would modify the basis utilized for annual adjustments in amounts of Selected Reserve-Montgomery GI Bill educational assistance for members of the Selected Reserve.
HEALTH CARE
H.R. 198, the "Health Care Tax Deduction Act of 2009," by Rep. Cliff Stearns, R-FL. This legislation would amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs of individuals.
H.R. 237, the "Military Retiree Health Care Relief Act of 2009," by Rep. Jo Ann Emerson, R-MO. This bill would amend the Internal Revenue Code of 1986 to allow a refundable credit to military retirees for premiums paid for coverage under Medicare Part B.
H.R. 484, "Chiropractic Health Parity for Military Beneficiaries Act," by Rep. Mike D. Rogers, R-AL. This bill would direct the Secretary of Defense, no later than August 31, 2009, to complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the TRICARE program for covered beneficiaries. Requires plan implementation by January 31, 2010.
H.R. 816, the "Military Retirees Health Care Protection Act," Rep. Chet Edwards, D-TX. This bill would amend title 10, United States Code, to prohibit certain increases in fees for military health care.
S. 491, “Federal and Military Retiree Health Care Equity Act,” by Sen. Jim Webb, D-VA. S. 491 would amend the Internal Revenue Code of 1986 to allow Federal civilian and military retirees to pay health insurance premiums on a pretax basis and to allow a deduction for TRICARE supplemental premiums. (Companion bill to H.R. 1203)
H.R. 1203, “Federal and Military Retiree Health Care Equity Act,” by Rep.Chris Van Hollen, D-MD. Would amend the Internal Revenue Code of 1986 to allow Federal civilian and military retirees to pay health insurance premiums on a pretax basis and to allow a deduction for TRICARE supplemental premiums. (Companion bill to S. 491)
S. 543, the “Veteran and Servicemember Caregiver Support Act of 2009,” by Sen. Dick Durbin, D-IL This bill would require a pilot program on training, certification, and support for family caregivers of seriously disabled veterans and members of the Armed Forces (who were disabled in the line of duty after September 11, 2001) to provide caregiver services to such veterans and members.
PAY AND COMPENSATION
H.R. 309, the "American Heroes' Homeownership Assistance Act of 2009," by Rep. Gus M. Bilirakis, R-FL. This bill would amend the Internal Revenue Code of 1986 to allow certain current and former service members to receive a refundable credit for the purchase of a principal residence.
H.R. 1592, (No title), Rep. Gus M. Bilirakis, R-FL, If enacted, this bill would amend title 37, United States Code, to guarantee a pay increase for members of the uniformed services for fiscal years 2011 through 2014 of one-half of one percentage point higher than the Employment Cost Index.
H.R. 1624, the “Military Personnel Income Tax Exclusion Act,” Rep. Gus M. Bilirakis, R-FL This bill would amend the Internal Revenue Code of 1986 to exclude from the gross income of members of the uniformed services of the United States certain amounts of military basic pay.
H.R. 1864, (No title), by Rep Joe Wilson, R-SC. This bill would provide a pay increase of 3.4 percent for members of the uniformed services, effective January 1, 2010.
H.R. 2302, the “Military Retired Pay Fairness Act of 2009,” by Rep. Carol Shea-Porter, D-NH.This bill would limit the recoupment of separation pay, special separation benefits, and voluntary separation incentive from members of the Armed Forces subsequently receiving retired or retainer pay.
SURVIVOR BENEFITS
H.R. 613, the "Military Retiree Survivor Comfort Act," by Rep. Walter B. Jones, Jr., R-NC. This bill would amend title 10, United States Code, to provide for forgiveness of certain overpayments of retired pay paid to deceased retired members of the Armed Forces following their death.
H.R. 775, "Military Surviving Spouses Equity Act," Rep Solomon P. Ortiz, D-TX. This bill would repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan (SBP) to offset the receipt of veterans dependency and indemnity compensation (DIC).
H.R. 809, "DIC Age 55 Remarriage," Rep. Gus M. Bilirakis, R-FL. If enacted, this bill would reduce from age 57 to age 55 the age after which the remarriage of the surviving spouse of a deceased veteran would not result in termination of dependency and indemnity compensation (DIC) otherwise payable to that surviving spouse.
S. 535, "Repeal SBP/DIC Offset," by Sen. Bill Nelson, D-FL.This bill would repeal the reduction of survivor annuities under the Survivor Benefit Plan by veterans' Dependency and Indemnity Compensation.
H.R. 2243, the “Surviving Spouses Benefit Improvement Act of 2009,” by Rep. Steve Buyer, R-IN. This bill would provide for an increase in the amount of monthly dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs.
S. 1118, the “Veterans’ Survivor Fairness Act,” by Sen. Blanche L. Lincoln, D-AR. This bill would provide for an increase in the amount of monthly dependency and indemnity compensation (DIC) payable to surviving spouses by the Secretary of Veterans Affairs, and it would allow survivors to remarry after age 55 and still retain DIC benefits.
VETERANS/RETIREES
H.R. 108, the "Disabled Veterans Commissary and Exchange Store Benefits Act," by Rep. Jeff Fortenberry, R-NE. This bill would extend military commissary and exchange store privileges to veterans with a compensable service-connected disability and to their dependents.
H.R. 190, the "Veterans Health Equity Act of 2009," by Rep. Carol Shea-Porter, D-NH. This bill would amend title 38, United States Code, to ensure that veterans in each of the 48 contiguous States are able to receive services in at least one full-service hospital of the Veterans Health Administration in the State or receive comparable services provided by contract in the State.
H.R. 238, the "Notch Baby Act of 2009," by Rep. Jo Ann Emerson, R-MO. This bill would amend title II of the Social Security Act to provide for an improved benefit computation formula for workers affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who attain age 65 during the 10-year period after 1981 and before 1992 (and related beneficiaries) and to provide prospectively for increases in their benefits accordingly.
H.R. 296, the "Armed Forces Disability Retirement Enhancement Act," by Rep. Steve Buyer, R-IN. This legislation would amend title 10, United States Code, to revise the process by which a member of the Armed Forces is retired for disability and becomes eligible for retirement pay.
H.R. 303, the "Retired Pay Restoration Act," by Rep. Gus M. Bilirakis, R-FL. This bill would amend title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation and to eliminate the phase-in period under current law with respect to such concurrent receipt.
H.R. 333, the "Disabled Veterans Tax Termination Act," by Rep. Jim Marshall, D-GA. This bill would amend title 10, United States Code, to 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, to eliminate the phase-in period for concurrent receipt, to extend eligibility for concurrent receipt to chapter 61 disability retirees with less than 20 years of service.
H.R. 430, the "Lance Corporal Jeremy Burris Act," by Rep. Ted Poe, R-TX. This bill would amend title 18, United States Code, to provide criminal penalties for the destruction of memorials, headstones, markers, and graves commemorating persons serving in the Armed Forces on private property.
H.R. 593, (No title), by Rep. Adam Smith, D-WA.This legislation would amend title 10, United States Code, to expand the authorized concurrent receipt of disability severance pay from the Department of Defense and compensation for the same disability under any law administered by the Department of Veterans Affairs to cover all veterans who have a combat-related disability, as defined under section 1413a of such title.
H.R. 811, the "Retired Pay Restoration Act," Rep. Gus M. Bilirakis, R-FL. This bill would permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.
H.R. 1004, “Veterans Health Care Full Funding Act,” by Rep. Christopher H. Smith, R-NJ. Would amend title 38, United States Code, to provide an enhanced funding process to ensure an adequate level of funding for veterans health care programs of the Department of Veterans Affairs, and to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs.
H.R. 1016, “Veterans’ Health Care Budget Reform and Transparency Act of 2009,” by Rep. Bob Filner, D-CA.This bill would amend title 38, United States Code, to provide advance appropriations authority for certain medical care accounts of the Department of Veterans Affairs.
S. 66, (No title), by Sen. Daniel K. Inouye, D-HI. This bill would amend title 10, United States Code, to permit former members of the Armed Forces who have a service-connected disability rated as total to travel on military aircraft in the same manner and to the same extent as retired members of the Armed Forces are entitled to travel on such aircraft.
S. 81, the "Notch Fairness Act of 2009," by Sen. David Vitter, R-LA. This bill would amend title II of the Social Security Act to allow workers who attain 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.
S. 239, the "Veterans Health Equity Act of 2009," by Sen. Jeanne Shaheen, D-NH. This bill would amend title 38, United States Code, to ensure that veterans in each of the 48 contiguous States are able to receive services in at least one full-service hospital of the Veterans Health Administration in the State or receive comparable services provided by contract in the State.
S. 404, the "Veterans' Emergency Care Fairness Act of 2009," Sen. Daniel K. Akaka, D-HI. S. 404 would amend title 38 to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility.
S. 407, the "Veterans' Compensation Cost-of-Living Adjustment Act of 2009," Sen. Daniel K. Akaka, D-HI. This bill would increase, effective December 1, 2009, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans.
S. 423, “Veterans’ Health Care Budget Reform and Transparency Act of 2009,” by Sen. Daniel K. Akaka, D-HI. S. 423 would amend title 38, United States Code, to authorize advance appropriations for certain medical care accounts of the Department of Veterans Affairs by providing two-fiscal year budget authority.
H.R. 1377, (No title), by Rep. Bob Filner, D-CA. This legislation would expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility.
S. 546, the “Retired Pay Restoration Act of 2009,” by Sen. Harry Reid, D-NV. This bill would permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.
S. 728, “Veterans’ Insurance and Benefits Enhancement Act of 2009,” by Sen. Daniel K. Akaka, D-HI. This bill would enhance veterans’ insurance benefits.
H.R. 1902, the “Providing Real Outreach for Veterans Act of 2009,” by Rep. Ginny Brown-Waite, R-FL. This bill would provide veterans with individualized notice about available benefits to ensure they are aware of all available benefits and to streamline application processes for the benefits.
H.R. 1982, the “Veterans Entitlement to Service (VETS) Act of 2009,” by Rep. Carolyn C. Kilpatrick.This bill would direct the Secretary of Veterans Affairs to acknowledge the receipt of medical, disability, and pension claims and other communications submitted by veterans.
H.R. 2405, the “Richard Helms Veterans’ Access to Local Health Care Options and Resources Act,” by Rep. Tom Latham, R-IA. This bill would provide veterans enrolled in the VA health system the option of receiving covered health services through facilities other than those of the Department.
S. 1008, the “Military Retired Pay Fairness Act of 2009,” by Sen. Jeanne Shaheen, D-NH. This bill would limit the recoupment of separation pay, special separation benefits, and voluntary separation incentive from members of the Armed Forces subsequently receiving retired or retainer pay.
S. 1109, the “Providing Real Outreach for Veterans Act of 2009,” by Sen. Kirsten E. Gillibrand, D-NY.This bill would provide veterans with individualized notice about available benefits, to streamline application processes or the benefits. (Companion to H.R. 1902)
H.R. 2642, the “Veterans Missing in America Act of 2009,” by Rep. Patrick J. Tiberi, R-OH.This bill would direct the Secretary of Veterans Affairs to assist in the identification of unclaimed and abandoned human remains to determine if any such remains are eligible for burial in a national cemetery.
WOUNDED WARRIORS
H.R. 466, the "Wounded Veteran Job Security Act," by Rep. Lloyd Doggett, D-TX.This bill would amend title 38, United States Code, to prohibit discrimination and acts of reprisal against persons who receive treatment for illnesses, injuries, and disabilities incurred in or aggravated by service in the uniformed services.