S 1326 ISCommentsClose CommentsPermalink

To amend title 38, United States Code, to improve and enhance compensation and pension, health care, housing, burial, and other benefits for veterans, and for other purposes.CommentsClose CommentsPermalink

May 8, 2007

Mr. SANDERS introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsCommentsClose CommentsPermalink

To amend title 38, United States Code, to improve and enhance compensation and pension, health care, housing, burial, and other benefits for veterans, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Comprehensive Veterans Benefits Improvements Act of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--HEALTH CARE MATTERS

Sec. 101. Enrollment of category 8 veterans in patient enrollment system.CommentsClose CommentsPermalink





Sec. 102. Health care for veterans who are catastrophically disabled.CommentsClose CommentsPermalink





Sec. 103. Repeal prior care requirement for eligibility for reimbursement for emergency treatment.CommentsClose CommentsPermalink





Sec. 104. Pilot program on lung cancer screening for veterans.CommentsClose CommentsPermalink

TITLE II--COMPENSATION AND PENSION MATTERS

Sec. 201. Repeal of prohibition on concurrent receipt of compensation or pension and retired or retirement pay.CommentsClose CommentsPermalink





Sec. 202. Increase in certain rates of disability compensation.CommentsClose CommentsPermalink





Sec. 203. Provisions relating to service-connected hearing loss.CommentsClose CommentsPermalink





Sec. 204. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation.CommentsClose CommentsPermalink





Sec. 205. Increase in rate of dependency and indemnity compensation for surviving spouses of members of the Armed Forces who die on active duty.CommentsClose CommentsPermalink





Sec. 206. Reestablishment of age 55 as age of remarrying for retention of certain veterans survivor benefits for surviving spouses.CommentsClose CommentsPermalink





Sec. 207. Commencement of period of payment of compensation for temporary total service-connected disability attributable to hospitalization or treatment.CommentsClose CommentsPermalink





Sec. 208. Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities.CommentsClose CommentsPermalink

TITLE III--INSURANCE MATTERS

Sec. 301. Reduction in premiums under Service-Disabled Veterans Insurance program.CommentsClose CommentsPermalink

TITLE IV--BURIAL AND MEMORIAL MATTERS

Sec. 401. Plot allowances.CommentsClose CommentsPermalink





Sec. 402. Funeral and burial expenses.CommentsClose CommentsPermalink





Sec. 403. Authorization of appropriations for State cemetery grants program for fiscal year 2008.CommentsClose CommentsPermalink

TITLE V--HOUSING MATTERS

Sec. 501. Grants for specially adapted housing for veterans.CommentsClose CommentsPermalink





Sec. 502. Veterans' mortgage life insurance.CommentsClose CommentsPermalink





Sec. 503. Selected Reserves serving at least 1 year eligible for housing loans.CommentsClose CommentsPermalink





Sec. 504. Housing loan fees adjusted to rates in effect before passage of Veterans Benefits Act of 2003.CommentsClose CommentsPermalink

TITLE VI--BENEFITS ADMINISTRATION

Sec. 601. Judicial review.CommentsClose CommentsPermalink





Sec. 602. Elimination of rounding down of certain cost-of-living adjustments.CommentsClose CommentsPermalink





Sec. 603. Clinical Information Data Exchange Bureau.CommentsClose CommentsPermalink





Sec. 604. Study and report on reforms to strengthen and accelerate the evaluation and processing of disability claims by the Departments of Veterans Affairs and Defense.CommentsClose CommentsPermalink

TITLE VII--OTHER BENEFITS MATTERS

Sec. 701. Automobile assistance allowance.CommentsClose CommentsPermalink





Sec. 702. Refund of individual contributions for educational assistance made by individuals prevented from pursuing educational programs due to nature of discharge.CommentsClose CommentsPermalink





Sec. 703. Comptroller General report on provision of assisted living benefits for veterans.CommentsClose CommentsPermalink

TITLE I--HEALTH CARE MATTERS

SEC. 101. ENROLLMENT OF CATEGORY 8 VETERANS IN PATIENT ENROLLMENT SYSTEM.

(a) Enrollment- Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall permit each veteran described in paragraph (8) of section 1705(a) of title 38, United States Code, who presents for enrollment in the system of annual patient enrollment required by such section to enroll in such system for purposes of the receipt of care and services as specified in such section.CommentsClose CommentsPermalink





(b) Effective Date- This section shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 102. HEALTH CARE FOR VETERANS WHO ARE CATASTROPHICALLY DISABLED.

(a) Report on Number of Veterans Wrongfully Misclassified- Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report setting forth the number of veterans who were catastrophically disabled who were wrongfully misclassified as not being catastrophically disabled by reason and for the purposes of the administration of the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996 (Public Law 104-262).CommentsClose CommentsPermalink





(b) Reclassification of Veterans Wrongfully Misclassified- The Secretary shall reclassify as catastrophically disabled each veteran who was catastrophically disabled but was misclassified as not being catastrophically disabled by reason and for the purposes of the administration of the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996. Each veteran shall, upon such reclassification, be entitled to such benefits under the laws administered by the Secretary as any other veteran who is catastrophically disabled, including priority of eligibility of enrollment as a so-called `category 4 veteran' under the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code.CommentsClose CommentsPermalink





(c) Prohibition on Collection of Copayments and Other Fees for Hospital or Nursing Home Care- Section 1710 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (h) as subsection (i); andCommentsClose CommentsPermalink





(2) by inserting after subsection (g) the following new subsection (h):CommentsClose CommentsPermalink





`(h) Notwithstanding any other provision of this section, a veteran who is catastrophically disabled shall not be required to make any payment otherwise required under subsection (f) or (g) for the receipt of hospital care or nursing home care under this section.'.CommentsClose CommentsPermalink





(d) Effective Date- Subsection (b) and the amendments made by subsection (c) shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 103. REPEAL PRIOR CARE REQUIREMENT FOR ELIGIBILITY FOR REIMBURSEMENT FOR EMERGENCY TREATMENT.

(a) Repeal- Section 1725(b)(2) of title 38, United States Code, is amended by striking `if--' and all that follows and inserting `if the veteran is enrolled in the system of patient enrollment established under section 1705(a) of this title.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 104. PILOT PROGRAM ON LUNG CANCER SCREENING FOR VETERANS.

(a) Pilot Program- The Secretary of Veterans Affairs shall carry out a pilot program that provides for screening for lung cancer of veterans with a high risk of lung cancer.CommentsClose CommentsPermalink





(b) Elements-CommentsClose CommentsPermalink





(1) IN GENERAL- The pilot program under subsection (a) shall include such programs and activities as the Secretary considers appropriate to permit the Secretary to make a comprehensive assessment of the feasibility and advisability of various approaches for expanding the program within the Department of Veterans Affairs in order to conduct screenings of veterans for lung cancer on a wider scale.CommentsClose CommentsPermalink





(2) CONSULTATION- The Secretary shall carry out the pilot program in consultation with the International Early Lung Cancer Action Program and such other public and private entities as the Secretary considers appropriate for purposes of the pilot program.CommentsClose CommentsPermalink





(c) Report- Not later than 2 years after the commencement of the pilot program under subsection (a), the Secretary shall submit to Congress a report on the pilot program. The report shall include--CommentsClose CommentsPermalink





(1) a description of the programs and activities under the pilot program;CommentsClose CommentsPermalink





(2) the comprehensive assessment of the Secretary described in subsection (b)(1);CommentsClose CommentsPermalink





(3) recommendations, if any, for legislation necessary to implement on a wider basis a screening program for lung cancer of veterans; andCommentsClose CommentsPermalink





(4) such other matters as the Secretary considers appropriate in light of the pilot program.CommentsClose CommentsPermalink





(d) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There is hereby authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2008, $3,000,000 to carry out this section.CommentsClose CommentsPermalink





(2) AVAILABILITY- The amount authorized to be appropriated by paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink

TITLE II--COMPENSATION AND PENSION MATTERS

SEC. 201. REPEAL OF PROHIBITION ON CONCURRENT RECEIPT OF COMPENSATION OR PENSION AND RETIRED OR RETIREMENT PAY.

(a) Repeal-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 5304(a) of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(a)(1)(A) If an election is in effect under section 1413a of title 10, United States Code, with respect to any person, no pension or compensation under this title shall be made concurrently to the person based on the person's own service or concurrently to the person based on the service of any other person. This subparagraph shall not apply to the extent the person waives any applicable retired or retirement pay under subparagraph (B).CommentsClose CommentsPermalink





`(B) A person to whom subparagraph (A) applies who is receiving any applicable retired or retirement pay may file with the department paying such pay a waiver of so much of such pay as is equal to the amount of the pension or compensation to which subparagraph (A) otherwise applies. To prevent duplication of payment, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in pay.CommentsClose CommentsPermalink





`(2) The annual amount of any applicable retired or retirement pay shall be counted as annual income for purposes of chapter 15 of this title.CommentsClose CommentsPermalink





`(3) In this subsection, the term `applicable retired or retirement pay' means retired or retirement pay paid under a provision of law providing retired or retirement pay to persons in the Armed Forces or to commissioned officers of the National Oceanic and Atmospheric Administration or of the Public Health Service.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(A) The heading for section 5304 of such title is amended by striking `Prohibition against' and inserting `Provisions relating to'.CommentsClose CommentsPermalink





(B) The item relating to section 5304 in the table of sections at the beginning of chapter 53 of such title is amended by striking `Prohibition against' and inserting `Provisions relating to'.CommentsClose CommentsPermalink





(b) Conforming Repeals-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 5305 of title 38, United States Code, and section 1414 of title 10, United States Code, are each repealed.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(A) The table of sections at the beginning of chapter 53 of title 38, United States Code, is amended by striking the item relating to section 5305.CommentsClose CommentsPermalink





(B) The table of sections at the beginning of chapter 71 of title 10, United States Code, is amended by striking the item relating to section 1414.CommentsClose CommentsPermalink





(c) Conforming Amendments to Combat-Related Special Compensation-CommentsClose CommentsPermalink





(1) COMPENSATION ONLY AVAILABLE TO EXISTING CLAIMANTS- Section 1413a of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(j) Section Only To Apply to Retirees in Payment Status on October 1, 2007- No payment under this section shall be made to an eligible combat-related disabled uniform services retiree for any month beginning after September 30, 2007, unless the retiree has an election in effect under this section for all months during the period beginning on October 1, 2007, and ending on the last day of the month to which the payment relates.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(A) Subsection (f) of such section is amended to read as follows:CommentsClose CommentsPermalink





`(f) Revocation of Election- The Secretary concerned shall provide for an annual period (referred to as an `open season') during which a person with an election in effect under subsection (a) shall have the right to revoke such election. Any such election shall be made under regulations prescribed by the Secretary concerned and, once made, shall be irrevocable. Such regulations shall provide for the form and manner for making such an election and shall provide for the date as of when such an election shall become effective. In the case of the Secretary of a military department, such regulations shall be subject to approval by the Secretary of Defense.'.CommentsClose CommentsPermalink





(B) Subsection (b)(2) of such section is amended by striking `sections 5304 and 5305 of title 38' and inserting `section 5304(a)(1) of title 38'.CommentsClose CommentsPermalink





(d) Other Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 5111(b) of title 38, United States Code is amended to read as follows:CommentsClose CommentsPermalink





`(b) During the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary.'.CommentsClose CommentsPermalink





(2) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B), and 1466(b)(1)(D) of title 10, United States Code, are each amended by striking `or 1414'.CommentsClose CommentsPermalink





(3) Subparagraphs (A) and (B) of section 1465(c)(4) of title 10, United States Code, are each amended by striking `sections 1413a and 1414' and inserting `section 1413a'.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to payments of compensation or pension and retired or retirement pay made on or after that date. No benefits are payable by reason of the amendments made by this section for any period before October 1, 2007.CommentsClose CommentsPermalink

SEC. 202. INCREASE IN CERTAIN RATES OF DISABILITY COMPENSATION.

(a) Fifty Percent Increase in Certain Rates- Subsection (k) of section 1114 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `$3,075' and inserting `$4,613';CommentsClose CommentsPermalink





(2) by striking `$89' both places it appears and inserting `$134'; andCommentsClose CommentsPermalink





(3) by striking `$4,313' and inserting `$6,470'.CommentsClose CommentsPermalink





(b) Twenty Percent Increase in Certain Other Rates- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (l), by striking `$3,075' and inserting `$3,690';CommentsClose CommentsPermalink





(2) in subsection (m), by striking `$3,392' and inserting `$4,070';CommentsClose CommentsPermalink





(3) in subsection (n), by striking `$3,860' and inserting `$4,632';CommentsClose CommentsPermalink





(4) in subsection (o), by striking `$4,313' and inserting `$5,176';CommentsClose CommentsPermalink





(5) in subsection (p), by striking `$4,313' each place it appears and inserting `$5,176';CommentsClose CommentsPermalink





(6) in subsection (r)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `$1,851' and inserting `$2,221'; andCommentsClose CommentsPermalink





(B) in paragraph (2) by striking `$2,757' and inserting `$3,308'; andCommentsClose CommentsPermalink





(7) in subsection (s), by striking `$2,766' and inserting `$3,319'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act, and shall apply with respect to monthly amounts of disability compensation payable on or after that day.CommentsClose CommentsPermalink

SEC. 203. PROVISIONS RELATING TO SERVICE-CONNECTED HEARING LOSS.

(a) Minimum Rating of Disability for Hearing Loss Requiring a Hearing Aid- Section 1155 of title 38, United States Code, is amended by adding at the end the following new sentence: `The minimum rating of disability under the schedule adopted under this section for a veteran for a disability consisting of hearing loss for which the wearing of a hearing aid or hearing aids is medically indicated shall be a rating of 10 percent.'.CommentsClose CommentsPermalink





(b) Presumption That Hearing Loss Is Service Connected- Section 1112 of title 38, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(d) For purposes of section 1110 of this title, and subject to section 1113 of this title, if tinnitus or hearing loss typically related to noise exposure or acoustic trauma becomes manifest in a veteran who, during military service, performed duties typically involving high levels of noise exposure, the tinnitus or hearing loss shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of the disease during the period of service.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007. No benefit is payable by reason of the amendments made by this section for any period before October 1, 2007.CommentsClose CommentsPermalink

SEC. 204. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Repeal-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink





(A) In section 1450, by striking subsection (c).CommentsClose CommentsPermalink





(B) In section 1451(c)--CommentsClose CommentsPermalink





(i) by striking paragraph (2); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Such subchapter is further amended as follows:CommentsClose CommentsPermalink





(A) In section 1450--CommentsClose CommentsPermalink





(i) by striking subsection (e); andCommentsClose CommentsPermalink





(ii) by striking subsection (k).CommentsClose CommentsPermalink





(B) In section 1451(g)(1), by striking subparagraph (C).CommentsClose CommentsPermalink





(C) In section 1452--CommentsClose CommentsPermalink





(i) in subsection (f)(2), by striking `does not apply--' and all that follows and inserting `does not apply in the case of a deduction made through administrative error.'; andCommentsClose CommentsPermalink





(ii) by striking subsection (g).CommentsClose CommentsPermalink





(D) In section 1455(c), by striking `, 1450(k)(2),'.CommentsClose CommentsPermalink





(b) Prohibition on Retroactive Benefits- No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).CommentsClose CommentsPermalink





(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients- A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.CommentsClose CommentsPermalink





(d) Repeal of Authority for Optional Annuity for Dependent Children- Section 1448(d)(2) of such title is amended--CommentsClose CommentsPermalink





(1) by striking `DEPENDENT CHILDREN- ' and all that follows through `In the case of a member described in paragraph (1),' and inserting `DEPENDENT CHILDREN- In the case of a member described in paragraph (1),'; andCommentsClose CommentsPermalink





(2) by striking subparagraph (B).CommentsClose CommentsPermalink





(e) Restoration of Eligibility for Previously Eligible Spouses- The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.CommentsClose CommentsPermalink





(f) Effective Date- The sections and the amendments made by this section shall take effect on the later of--CommentsClose CommentsPermalink





(1) the first day of the first month that begins after the date of the enactment of this Act; orCommentsClose CommentsPermalink





(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.CommentsClose CommentsPermalink

SEC. 205. INCREASE IN RATE OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES OF MEMBERS OF THE ARMED FORCES WHO DIE ON ACTIVE DUTY.

(a) Increase in Rate- Section 1311(a) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (3) as paragraph (4);CommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink





`(4) The rate under paragraph (1) shall be increased by $228 in the case of the death of a member of the Armed Forces on active duty.'; andCommentsClose CommentsPermalink





(3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by striking `(1) and (2)' and inserting `(1), (2), and (3)'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to dependency and indemnity compensation payable for months beginning on or after that date.CommentsClose CommentsPermalink

SEC. 206. REESTABLISHMENT OF AGE 55 AS AGE OF REMARRYING FOR RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR SURVIVING SPOUSES.

(a) Reestablishment- Section 103(d)(2)(B) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking `age 57' and inserting `age 55'; andCommentsClose CommentsPermalink





(2) by striking the second sentence.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on October 1, 2007. No benefit is payable by reason of the amendments made by this section for any period before October 1, 2007.CommentsClose CommentsPermalink

SEC. 207. COMMENCEMENT OF PERIOD OF PAYMENT OF COMPENSATION FOR TEMPORARY TOTAL SERVICE-CONNECTED DISABILITY ATTRIBUTABLE TO HOSPITALIZATION OR TREATMENT.

(a) Commencement of Period of Payment- Section 5111(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(3) In the case of a temporary increase in compensation for hospitalization or treatment for a service-connected disability rated as total by reason of such hospitalization or treatment, the period of payment shall commence on the date of admission for such hospitalization or date of treatment, surgery, or other activity necessitating such treatment, as applicable.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007. No benefit is payable by reason of the amendment made by subsection (a) for any period before October 1, 2007.CommentsClose CommentsPermalink

SEC. 208. COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND INDEMNITY COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE-CONNECTED DISABILITIES.

(a) Report Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 10 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional veterans affairs committees a report on the adequacy of dependency and indemnity compensation payable under chapter 13 of title 38, United States Code, to surviving spouses and dependents of veterans who die as a result of a service-connected disability in maintaining such surviving spouses and dependents at a standard of living above the poverty level.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a description of the current system for the payment of dependency and indemnity compensation to surviving spouses and dependents described in paragraph (1), including a statement of the rates of such compensation so payable;CommentsClose CommentsPermalink





(B) an assessment of the adequacy of such payments in maintaining such surviving spouses and dependents at a standard of living above the poverty level; andCommentsClose CommentsPermalink





(C) such recommendations as the Comptroller General considers appropriate in order to improve or enhance the effects of such payments in maintaining such surviving spouses and dependents at a standard of living above the poverty level.CommentsClose CommentsPermalink





(b) Congressional Veterans Affairs Committees Defined- In this section, the term `congressional veterans affairs committees' means--CommentsClose CommentsPermalink





(1) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink

TITLE III--INSURANCE MATTERS

SEC. 301. REDUCTION IN PREMIUMS UNDER SERVICE-DISABLED VETERANS INSURANCE PROGRAM.

(a) In General- Section 1922(a) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `(1)' after `(a)'; andCommentsClose CommentsPermalink





(2) by striking the fourth sentence and all that follows and inserting the following:CommentsClose CommentsPermalink





`(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that--CommentsClose CommentsPermalink





`(A) the amount of such insurance shall be $50,000, or such lesser amount, evenly divisible by $10,000, as the insured may specify;CommentsClose CommentsPermalink





`(B) the premium rates for such insurance--CommentsClose CommentsPermalink





`(i) for premiums for months beginning before the effective date of this paragraph under section 301(c) of date of the enactment of the Comprehensive Veterans Benefits Improvements Act of 2007 shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; andCommentsClose CommentsPermalink





`(ii) for premiums for months beginning on or after that effective date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4 1/2 percent per year;CommentsClose CommentsPermalink





`(C) all cash, loan, paid-up, and extended values--CommentsClose CommentsPermalink





`(i) for a policy issued under this section before the effective date described in subparagraph (B)(i) shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; andCommentsClose CommentsPermalink





`(ii) for a policy issued under this section on or after that effective date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4 1/2 percent per year;CommentsClose CommentsPermalink





`(D) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2 1/4 percent per year;CommentsClose CommentsPermalink





`(E) insurance granted under this section shall be on a nonparticipating basis;CommentsClose CommentsPermalink





`(F) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; andCommentsClose CommentsPermalink





`(G) any payments on such insurance shall be made directly from such fund.CommentsClose CommentsPermalink





`(3) Appropriations to the fund referred to in subparagraphs (F) and (G) of paragraph (2) are hereby authorized.CommentsClose CommentsPermalink





`(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.'.CommentsClose CommentsPermalink





(b) Coordination With Overall Limit- Section 1903 of such title is amended by adding at the end the following new sentence: `The limitations of this section shall not apply to insurance granted under section 1922 of this title, except that other insurance to which this section applies shall be taken into account in determining whether the limitations of subsections (a)(2)(A) and (b) of section 1922 of this title are met with respect to insurance granted under section 1922 of this title.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the later of--CommentsClose CommentsPermalink





(1) October 1, 2007; orCommentsClose CommentsPermalink





(2) the first day of the first month that begins more than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE IV--BURIAL AND MEMORIAL MATTERS

SEC. 401. PLOT ALLOWANCES.

(a) Increase in Plot Allowance- Section 2303 of title 38, United States Code, is amended by striking `$300' each place it appears and inserting `$745 (as adjusted from time to time under subsection (c))'.CommentsClose CommentsPermalink





(b) Expansion of Eligibility- Subsection (b)(2) of such section is amended by striking `such veteran is eligible' and all that follows through `, and'.CommentsClose CommentsPermalink





(c) Annual Cost-of-Living Adjustment- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(c) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in each maximum amount of the plot allowance payable under this section equal to the percentage by which--CommentsClose CommentsPermalink





`(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceedsCommentsClose CommentsPermalink





`(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).'.CommentsClose CommentsPermalink





(d) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to deaths occurring on or after that date.CommentsClose CommentsPermalink





(2) NO COLA ADJUSTMENT FOR FISCAL YEAR 2008- The percentage increase required by subsection (c) of section 2303 of title 38, United States Code (as added by subsection (c) of this section), for fiscal year 2008 shall not be made.CommentsClose CommentsPermalink

SEC. 402. FUNERAL AND BURIAL EXPENSES.

(a) In General- Section 2302 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `$300' in the matter following paragraph (2) and inserting `$1,270 (as adjusted from time to time under subsection (c))'; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(c) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the maximum amount of benefits payable under subsection (a) equal to the percentage by which--CommentsClose CommentsPermalink





`(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceedsCommentsClose CommentsPermalink





`(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).'.CommentsClose CommentsPermalink





(b) Deaths From Service-Connected Disability- Section 2307 of such title is amended--CommentsClose CommentsPermalink





(1) by inserting `(a) Funeral and Burial Expenses- ' before `In any case';CommentsClose CommentsPermalink





(2) in paragraph (1) of subsection (a), as designated by paragraph (1) of this subsection, by striking `$2,000' and inserting `$4,100 (as adjusted from time to time under subsection (b))'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(b) Cost-of-Living Adjustment- With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the amount of benefits payable under subsection (a)(1) equal to the percentage by which--CommentsClose CommentsPermalink





`(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceedsCommentsClose CommentsPermalink





`(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).'.CommentsClose CommentsPermalink





(c) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths occurring on or after that date.CommentsClose CommentsPermalink





(2) NO COLA ADJUSTMENT FOR FISCAL YEAR 2008- The percentage increase required by subsection (c) of section 2302 of title 38, United States Code (as added by subsection (a) of this section), and the percentage increase required by subsection (b) of section 2307 of title 38, United States Code (as added by subsection (b) of this section), for fiscal year 2008 shall not be made.CommentsClose CommentsPermalink

SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY GRANTS PROGRAM FOR FISCAL YEAR 2008.

There is hereby authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2008, $37,000,000 for aid to States for the establishment, expansion, and improvement of veterans' cemeteries under section 2408 of title 38, United States Code.CommentsClose CommentsPermalink

TITLE V--HOUSING MATTERS

SEC. 501. GRANTS FOR SPECIALLY ADAPTED HOUSING FOR VETERANS.

(a) Increase in Grant Amounts-CommentsClose CommentsPermalink





(1) ACQUISITION OF HOUSING- Subsection (d)(1) of section 2102 of title 38, United States Code, is amended by striking `$50,000' and inserting `$60,000 (as adjusted from time to time under subsection (f))'.CommentsClose CommentsPermalink





(2) ADAPTATIONS TO HOUSING- Subsections (b)(2) and (d)(2) of such section are each amended by striking `$10,000' and inserting `$12,000 (as adjusted from time to time under subsection (f))'.CommentsClose CommentsPermalink





(b) Additional Grant for Acquisition of Subsequent Housing Unit- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (c), by inserting `or (e)' after `subsection (a)'; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(e)(1) In addition to the assistance otherwise provided under subsection (d)(1), the assistance authorized by section 2101(a) of this title shall also include assistance for a veteran for the acquisition by the veteran of a housing unit to replace the housing unit for which assistance was provided under subsection (d)(1).CommentsClose CommentsPermalink





`(2) The amount of assistance under this subsection may not exceed the maximum amount of assistance available under subsection (d)(1).CommentsClose CommentsPermalink





`(3) Assistance shall be afforded under this subsection through a plan set forth in subsection (a), at the option of the veteran concerned.'.CommentsClose CommentsPermalink





(c) Annual Cost-of-Living Adjustment- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(f)(1) Effective on October 1 of each year (beginning in 2008), the Secretary shall increase the amounts in effect under subsections (b)(2), (d)(1), and (d)(2) in accordance with this subsection.CommentsClose CommentsPermalink





`(2) The increase in amounts under paragraph (1) to take effect on October 1 of any year shall be the percentage by which (A) the residential home cost-of-construction index for the preceding calendar year exceeds (B) the residential home cost-of-construction index for the year preceding that year.CommentsClose CommentsPermalink





`(3) The Secretary shall establish a residential home cost-of-construction index for the purposes of this subsection. The index shall reflect a uniform, national average increase in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection.'.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 502. VETERANS' MORTGAGE LIFE INSURANCE.

(a) Increase in Amount of Insurance- Section 2106(b) of title 38, United States Code, is amended by striking `$90,000' and inserting `$150,000'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on the later of--CommentsClose CommentsPermalink





(1) October 1, 2007; orCommentsClose CommentsPermalink





(2) the first day of the first month that begins more than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 503. SELECTED RESERVES SERVING AT LEAST 1 YEAR ELIGIBLE FOR HOUSING LOANS.

(a) Reduction in Period of Service Requirement for Selected Reserves- Section 3701(b)(5)(A) of title 38, United States Code, is amended by striking `6 years' each place it appears and inserting `1 year'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 504. HOUSING LOAN FEES ADJUSTED TO RATES IN EFFECT BEFORE PASSAGE OF VETERANS BENEFITS ACT OF 2003.

(a) In General- Paragraph (2) of section 3729(b) of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(2) The loan fee table referred to in paragraph (1) is as follows:CommentsClose CommentsPermalink

`LOAN FEE TABLECommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

Type of loan                                                                                                                                                                                                                                                Active duty veteran Reservist Other obligor CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2007, and before October 1, 2011)                2.00      2.75            NA CommentsClose CommentsPermalink

(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2011)                                           1.25      2.00            NA CommentsClose CommentsPermalink

(B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2007 and before October 1, 2011)                                             3.00      3.00            NA CommentsClose CommentsPermalink

(B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2011)                                                                       1.25      2.00            NA CommentsClose CommentsPermalink

(C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2007, and before October 1, 2011)                                                                                                                  1.50      2.25            NA CommentsClose CommentsPermalink

(C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2011)                                                                                                                                             0.75      1.50            NA CommentsClose CommentsPermalink

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2007, and before October 1, 2011)                                                                                                         1.25      2.00            NA CommentsClose CommentsPermalink

(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2011)                                                                                                                                    0.50      1.25            NA CommentsClose CommentsPermalink

(E) Interest rate reduction refinancing loan                                                                                                                                                                                                                               0.50      0.50            NA CommentsClose CommentsPermalink

(F) Direct loan under section 3711                                                                                                                                                                                                                                         1.00      1.00            NA CommentsClose CommentsPermalink

(G) Manufactured home loan under section 3712 (other than an interest rate reduction refinancing loan)                                                                                                                                                                     1.00      1.00            NA CommentsClose CommentsPermalink

(H) Loan to Native American veteran under section 3762 (other than an interest rate reduction refinancing loan)                                                                                                                                                            1.25      1.25            NA CommentsClose CommentsPermalink

(I) Loan assumption under section 3714                                                                                                                                                                                                                                     0.50      0.50          0.50 CommentsClose CommentsPermalink

(J) Loan under section 3733(a)                                                                                                                                                                                                                                             2.25      2.25       2.25.'. CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(b) Effective Date- The amendment made by this section shall apply to loans closed after September 30, 2007.CommentsClose CommentsPermalink

TITLE VI--BENEFITS ADMINISTRATION

SEC. 601. JUDICIAL REVIEW.

(a) Review by United States Court of Appeals for Federal Circuit of Adoption or Revision of Schedule of Disability Ratings- Section 502 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `(a) Judicial Review- ' before `An action';CommentsClose CommentsPermalink





(2) in subsection (a), as designated by paragraph (1) of this subsection, by striking `(other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(b) Standard of Review of Actions Relating to Schedule of Ratings for Disabilities- In reviewing pursuant to this section an action of the Secretary relating to the adoption or revision of the schedule of ratings for disabilities under section 1155 of this title, the Court may set aside such action only if the Court finds such action to be arbitrary, capricious, or otherwise not in accordance with law.'.CommentsClose CommentsPermalink





(b) Review by Court of Appeals for Veterans Claims of Adverse Findings of Material Facts- Section 7261(a)(4) of such title is amended by striking `is clearly erroneous' and inserting `is not reasonably supported by a preponderance of the evidence'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act. The amendment made by subsection (b) shall apply with respect to all cases pending for decision before the United States Court of Appeals for Veterans Claims other than a case in which a final decision has been entered before the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 602. ELIMINATION OF ROUNDING DOWN OF CERTAIN COST-OF-LIVING ADJUSTMENTS.

(a) Disability Compensation- Section 1104(a) of title 38, United States Code, is amended by striking `,with all' and all that follows up to the period at the end.CommentsClose CommentsPermalink





(b) Dependency Compensation- Section 1303(a) of such title is amended by striking `,with all' and all that follows up to the period at the end.CommentsClose CommentsPermalink

SEC. 603. CLINICAL INFORMATION DATA EXCHANGE BUREAU.

(a) Establishment of Bureau- The Secretaries of Veterans Affairs and Department of Defense shall jointly establish the DoD/VA Clinical Information Data Exchange Bureau (in this section referred to as `the Bureau').CommentsClose CommentsPermalink





(b) Information System-CommentsClose CommentsPermalink





(1) IN GENERAL- The Bureau shall establish and maintain an information system that facilitates the clinical exchange of computable data within and between the health systems of the Department of Veterans Affairs and the Department of Defense.CommentsClose CommentsPermalink





(2) ELEMENTS- In establishing the information system described in paragraph (1), the Bureau shall meet the following requirements:CommentsClose CommentsPermalink





(A) SOFTWARE REQUIREMENTS- The system shall utilize computer software--CommentsClose CommentsPermalink





(i) the source code of which is open source and available in the public domain,CommentsClose CommentsPermalink





(ii) that is nonproprietary, andCommentsClose CommentsPermalink





(iii) that ensures that the electronic medical records in the health systems of the Department of Veterans Affairs and the Department of Defense are able to understand all major clinical vocabularies.CommentsClose CommentsPermalink





(B) PATIENT PRIVACY- The system shall comply with all appropriate rules, regulations, and procedures to safeguard patient privacy and to ensure data security.CommentsClose CommentsPermalink





(C) MAPPING OF HEALTH INFORMATION- The Bureau shall ensure that personal health information available in electronic form outside of the system will be able to be electronically mapped into the system.CommentsClose CommentsPermalink





(D) MAINTENANCE- The Bureau shall permanently maintain the system, including ensuring that any changes in any major clinical vocabulary are reflected in a timely manner in the electronic medical records in the health systems of the Department of Veterans Affairs and the Department of Defense.CommentsClose CommentsPermalink





(c) Cost of System-CommentsClose CommentsPermalink





(1) IN GENERAL- The cost of the information system established under this section, and the annual costs of maintaining the system, shall be borne equally by the Department of Veterans Affairs and the Department of Defense.CommentsClose CommentsPermalink





(2) FEES- The Secretaries of Veterans Affairs and Defense may charge vendor user fees in order to facilitate the use of discrete clinical vocabularies within the system.CommentsClose CommentsPermalink

SEC. 604. STUDY AND REPORT ON REFORMS TO STRENGTHEN AND ACCELERATE THE EVALUATION AND PROCESSING OF DISABILITY CLAIMS BY THE DEPARTMENTS OF VETERANS AFFAIRS AND DEFENSE.

(a) Study- The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a study of the disability ratings systems of the Departments of Veterans Affairs and Defense, including an analysis of--CommentsClose CommentsPermalink





(1) the interoperability of both systems, andCommentsClose CommentsPermalink





(2) the feasibility and advisability of automating the Veterans Administration Schedule for Rating Disabilities (VASRD) to improve the time for processing, and the accuracy of, disability ratings.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretaries shall submit to the relevant committees of Congress a joint report on the study conducted under subsection (a).CommentsClose CommentsPermalink





(2) ELEMENTS- Such report shall include specific legislative proposals, including the amount of funding, which the Secretaries find necessary to--CommentsClose CommentsPermalink





(A) ensure that the disability ratings systems of both the Department of Veterans Affairs and the Department of Defense are interoperable and that information contained in both systems can readily be transmitted to and from each of the departments, andCommentsClose CommentsPermalink





(B) automate the Veterans Administration Schedule for Rating Disabilities (VASRD), including--CommentsClose CommentsPermalink





(i) an analysis of the necessary computer software and other technology, andCommentsClose CommentsPermalink





(ii) a schedule for the completion of the automation.CommentsClose CommentsPermalink





(c) Relevant Committees of Congress- In this section, the term `relevant committees of Congress' means--CommentsClose CommentsPermalink





(1) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate, andCommentsClose CommentsPermalink





(2) the Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink

TITLE VII--OTHER BENEFITS MATTERS

SEC. 701. AUTOMOBILE ASSISTANCE ALLOWANCE.

(a) Increase in Amount of Allowance- Subsection (a) of section 3902 of title 38, United States Code, is amended by striking `$11,000' and inserting `$22,484 (as adjusted from time to time under subsection (e))'.CommentsClose CommentsPermalink





(b) Annual Adjustment- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(e)(1) Effective on October 1 of each year (beginning in 2008), the Secretary shall increase the dollar amount in effect under subsection (a) to an amount equal to 80 percent of the average retail cost of new automobiles for the preceding calendar year.CommentsClose CommentsPermalink





`(2) The Secretary shall establish the method for determining the average retail cost of new automobiles for purposes of this subsection. The Secretary may use data developed in the private sector if the Secretary determines the data is appropriate for purposes of this subsection.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 702. REFUND OF INDIVIDUAL CONTRIBUTIONS FOR EDUCATIONAL ASSISTANCE MADE BY INDIVIDUALS PREVENTED FROM PURSUING EDUCATIONAL PROGRAMS DUE TO NATURE OF DISCHARGE.

(a) In General- Section 3034 of title 38, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(e)(1) In the case of any eligible individual who has been prevented from pursuing a program of education under this chapter because the individual has not met the nature of discharge requirement of this chapter, the Secretary of Defense shall, upon application of the individual, refund to the individual the amount determined under paragraph (3) if the Secretary of Defense determines that the nature of the discharge was due to minor infractions or deficiencies.CommentsClose CommentsPermalink





`(2) Paragraph (1) shall not apply to an individual if the discharge was a dishonorable discharge.CommentsClose CommentsPermalink





`(3) The amount determined under this paragraph with respect to any individual is the excess (if any) of--CommentsClose CommentsPermalink





`(A) the sum of the amounts described in section 3017(b)(1) of this title with respect to the individual, overCommentsClose CommentsPermalink





`(B) the sum of the amounts described in section 3017(b)(2) of this title with respect to the individual.CommentsClose CommentsPermalink





`(4) The Secretary of Defense shall make the payments under this subsection from the funds into which the amounts described in section 3017(b)(1) of this title were deposited.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to discharges after September 30, 2007.CommentsClose CommentsPermalink

SEC. 703. COMPTROLLER GENERAL REPORT ON PROVISION OF ASSISTED LIVING BENEFITS FOR VETERANS.

(a) Report Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional veterans affairs committees a report on the feasability and advisability of the provision through the Department of Veterans Affairs of assisted living benefits for veterans who otherwise qualify for nursing home care through the Department in lieu of the provision through the Department of nursing home care for such veterans.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a description of various current proposals for the provision through the Department of assisted living benefits for veterans as described in paragraph (1);CommentsClose CommentsPermalink





(B) an estimate of the costs of the various proposals described under subparagraph (A), and an estimate of any cost savings anticipated to be achieved through the carrying out of such proposals;CommentsClose CommentsPermalink





(C) an assessment of feasability and advisability of the provision through the Department of assisted living benefits for veterans as described in paragraph (1), including an identification of the proposal, if any, described in that paragraph, that would result in the most cost-effective provision through the Department of assisted living benefits for veterans; andCommentsClose CommentsPermalink





(D) such recommendations as the Comptroller General considers appropriate regarding the provision through the Department of assisted living benefits for veterans.CommentsClose CommentsPermalink





(b) Congressional Veterans Affairs Committees Defined- In this section, the term `congressional veterans affairs committees' means--CommentsClose CommentsPermalink





(1) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink