Legislation News & Report (TM) 

TheWeekInCongress.com (TM)

Managing America: Veteran Matters

TheWeekInCongress.com (TM)

Week Ending August 1, 2008

H.R.6580 The Hubbard Act

Members of the Armed Forces who are discharged due to sole survivorship status may continue to receive payment of bonuses and similar benefits. The bill follows the discovery that the Pentagon was requiring repayment of bonuses to troops who were discharged early for their sole survivorship status. That status is defined as the only surviving child in a family in which the father or mother or one or more siblings served in the Armed Forces and was killed, died as a result of wounds, accidents, or disease, is captured or missing in action, or is permanently 100 percent disabled or hospitalized on a continuing bases and is not gainfully employed because of the disability or hospitalization and the death, status or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and did not happen during a period of unauthorized absence.

The Secretary of Defense may not require repayment of the unearned portion of the bonus, incentive pay or similar benefit previously paid to the member, the Secretary may grant an exception to terminate any unpaid balances of bonus or incentive pay if it is determined that termination of the payment would be contrary to a personnel policy or management objective or would be against equity and good conscience or would be contrary to the best interests of the US.

The bill also provides that separation pay for those who served fewer than 6 years of active service will be based on actual years served.. the discharge member may continue to use commissary and exchange stores and morale, welfare and recreational facilities as would active members during two years following the date of discharge or when first notified of entitlement to benefits.

Sponsor:  Rep. Ron Kind (WI-3^rd)

Vote: Passed House by voice vote July 29, 2008

Cost to the taxpayers: “CBO estimates that implementing H.R. 6580 would allow about 20 servicemembers a year to receive those enhanced benefits and thus would incur a discretionary cost totaling about $1 million over the 2009-2013 period, assuming the availability of appropriated funds.”

Earmark Certification:  

## All Rights Reserved. © 2008 TheWeekInCongress.com(TM)

No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)