I 

108TH CONGRESS 

2D SESSION H. R. 3738

To amend title 10, United States Code, to provide for immediate implementation of full concurrent receipt for retired members of the Armed Forces 

who have a service-connected disability of both military retired pay paid 

by reason of their years of military service and disability compensation 

from the Department of Veterans Affairs paid by reason of their disability. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2004

Mr. FILNER introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ 

Affairs, 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 

A BILL

To amend title 10, United States Code, to provide for immediate implementation of full concurrent receipt for retired 

members of the Armed Forces who have a service-connected disability of both military retired pay paid by 

reason of their years of military service and disability 

compensation from the Department of Veterans Affairs 

paid by reason of their disability.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Immediate and Full 

3 Repeal of the Disabled Veterans Tax Act of 2004’’. 

4 SEC. 2. IMMEDIATE IMPLEMENTATION OF FULL CONCUR5 RENT RECEIPT. 

6 (a) REVISIONS TO FISCAL YEAR 2004 AMEND7 MENTS.—Section 1414 of title 10, United States Code, as 

8 amended by section 641(a) of the National Defense Au9 thorization Act for Fiscal Year 2004 (Public Law 108–

10 136; 117 Stat. 1511), is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1), by striking the sec13 ond sentence; and 

14 (B) in paragraph (2), by striking ‘‘50 per15 cent’’ and inserting ‘‘10 percent’’; 

16 (2) by striking subsection (c); and 

17 (3) in subsection (e), by striking paragraphs (3) 

18 and (4). 

19 (b) CLERICAL AMENDMENTS.—(1) The heading for 

20 such section is amended by striking ‘‘for disabilities rated 

21 50 percent or higher’’. 

22 (2) The table of sections at the beginning of chapter 

23 71 of such title is amended by striking ‘‘for disabilities 

24 rated 50 percent or higher’’. 

25 (c) EFFECTIVE DATE.—The amendments made by 

26 subsection (a) shall take effect on the first day of the first 
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1 month beginning on or after the date of the enactment 

2 of this Act and shall apply with respect to payments for 

3 months beginning on or after that day.

Æ
2

•HR 3738 IH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Immediate and Full 

3 Repeal of the Disabled Veterans Tax Act of 2004’’. 

4 SEC. 2. IMMEDIATE IMPLEMENTATION OF FULL CONCUR5 RENT RECEIPT. 

6 (a) REVISIONS TO FISCAL YEAR 2004 AMEND7 MENTS.— Section 1414 of title 10, United States Code, 

8 as amended by section 641(a) of the National Defense Au9 thorization Act for Fiscal Year 2004 (Public Law 108–

10 136; 117 Stat. 1511), is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1), by striking the sec13 ond sentence; and 

14 (B) in paragraph (2), by striking ‘‘50 per15 cent’’ and inserting ‘‘10 percent’’; 

16 (2) by striking subsection (c); and 

17 (3) in subsection (e), by striking paragraphs (3) 

18 and (4). 

19 (b) CLERICAL AMENDMENTS.—(1) The heading for 

20 such section is amended by striking ‘‘for disabilities rated 

21 50 percent or higher’’. 

22 (2) The table of sections at the beginning of chapter 

23 71 of such title is amended by striking ‘‘for disabilities 

24 rated 50 percent or higher’’. 

25 (c) EFFECTIVE DATE.—The amendments made by 

26 subsection (a) shall take effect on the first day of the first 
3

•HR 3738 IH 

1 month beginning on or after the date of the enactment 

2 of this Act and shall apply with respect to payments for 

3 months beginning on or after that day.

Æ