To amend title 37, United States Code, to require the phased recovery of overpayments of pay and allowances made to members of the uniformed services, to delay the start of overpayment recovery from members who are wounded or injured, or who incur an illness, in a combat operation or combat zone, and for other purposes.

Requires the phased recovery of overpayments of pay and allowances made to a member of the U.S. uniformed services to not exceed 20% of the member's pay per month, if the overpayment was made through no fault of the member.

Delays recovery of pay and allowance overpayments to a member recovering from a wound, injury, or illness incurred in a combat operation or combat zone while in the line of duty until after the end of the 90-day period beginning on the date on which the member is notified of the overpayment.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4730 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4730

 To amend title 37, United States Code, to require the phased recovery 
of overpayments of pay and allowances made to members of the uniformed 
 services, to delay the start of overpayment recovery from members who 
are wounded or injured, or who incur an illness, in a combat operation 
                or combat zone, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2006

Mr. Lewis of Kentucky introduced the following bill; which was referred 
                   to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 37, United States Code, to require the phased recovery 
of overpayments of pay and allowances made to members of the uniformed 
 services, to delay the start of overpayment recovery from members who 
are wounded or injured, or who incur an illness, in a combat operation 
                or combat zone, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO MEMBERS OF 
              THE UNIFORMED SERVICES.

    (a) Phase Recovery Required; Maximum Monthly Installment.--
Subsection (c) of section 1007 of title 37, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(3) If the indebtedness of a member of the uniformed services to 
the United States is due to the overpayment of pay or allowances to the 
member through no fault of the member, the amount of the overpayment 
shall be recovered in monthly installments. The amount deducted from 
the pay of the member for a month to recover the overpayment amount may 
not exceed 20 percent of the member's pay for that month.''.
    (b) Recovery Delay for Injured Members.--Such subsection is further 
amended by inserting after paragraph (3), as added by subsection (a), 
the following new paragraph:
    ``(4) If a member of the uniformed services is injured or wounded 
under the circumstances described in section 310(a)(2)(C) of this title 
or, while in the line of duty, incurs a wound, injury, or illness in a 
combat operation or combat zone designated by the Secretary of Defense, 
any overpayment of pay or allowances made to the member while the 
member recovers from the wound, injury, or illness may not be deducted 
from the member's pay until after the end of the 90-day period 
beginning on the date on which the member is notified of the 
overpayment.''.
    (c) Conforming Amendments.--Such subsection is further amended--
            (1) by inserting ``(1)'' before ``Under regulations'';
            (2) by striking ``his pay'' both places it appears and 
        inserting ``the member's pay'';
            (3) by striking ``However, after'' and inserting the 
        following:
    ``(2) After''; and
            (4) by inserting ``by a member of the uniformed services'' 
        after ``actually received''.
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