U.S. Congress - Text of S.2640 as Introduced in Senate Veterans' Benefits Enhancement Act of 2008
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Donate NowS.2640 - Veterans' Benefits Enhancement Act of 2008
A bill to amend title 38, United States Code, to enhance and improve insurance, housing, labor and education, and other benefits for veterans, and for other purposes.
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S 2640 ISCommentsClose CommentsPermalink
To amend title 38, United States Code, to enhance and improve insurance, housing, labor and education, and other benefits for veterans, and for other purposes.CommentsClose CommentsPermalink
February 14, 2008
Mr. BURR (for himself, Mr. CORNYN, and Mr. CRAIG) 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 enhance and improve insurance, housing, labor and education, 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 `Veterans' Benefits Enhancement Act of 2008'.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
Sec. 2. Reference to title 38, United States Code.CommentsClose CommentsPermalink
TITLE I--INSURANCE MATTERS
Sec. 101. Level-premium term life insurance for veterans with service-connected disabilities.CommentsClose CommentsPermalink
Sec. 102. Administrative costs of service disabled veterans' insurance.CommentsClose CommentsPermalink
Sec. 103. Modification of servicemembers' group life insurance coverage.CommentsClose CommentsPermalink
Sec. 104. Supplemental insurance for totally disabled veterans.CommentsClose CommentsPermalink
Sec. 105. Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers' Group Life Insurance.CommentsClose CommentsPermalink
Sec. 106. Consideration of loss dominant hand in prescription of schedule of severity of traumatic injury under Servicemembers' Group Life Insurance.CommentsClose CommentsPermalink
Sec. 107. Designation of fiduciary for traumatic injury protection coverage under Servicemembers' Group Life Insurance in case of lost mental capacity or extended loss of consciousness.CommentsClose CommentsPermalink
Sec. 108. Enhancement of veterans' mortgage life insurance.CommentsClose CommentsPermalink
TITLE II--HOUSING MATTERS
Sec. 201. Home improvements and structural alterations for totally disabled members of the Armed Forces before discharge or release from the Armed Forces.CommentsClose CommentsPermalink
Sec. 202. Eligibility for specially adapted housing benefits and assistance for members of the Armed Forces with service-connected disabilities and individuals residing outside the United States.CommentsClose CommentsPermalink
Sec. 203. Specially adapted housing assistance for individuals with severe burn injuries.CommentsClose CommentsPermalink
Sec. 204. Extension of assistance for individuals residing temporarily in housing owned by a family member.CommentsClose CommentsPermalink
Sec. 205. Increase in specially adapted housing benefits for disabled veterans.CommentsClose CommentsPermalink
Sec. 206. Report on specially adapted housing for disabled individuals.CommentsClose CommentsPermalink
Sec. 207. Report on specially adapted housing assistance for individuals who reside in housing owned by a family member on permanent basis.CommentsClose CommentsPermalink
TITLE III--LABOR AND EDUCATION MATTERS
Sec. 301. Coordination of approval activities in the administration of education benefits.CommentsClose CommentsPermalink
Sec. 302. Enhanced authority for reimbursement of State approving agencies for expenses.CommentsClose CommentsPermalink
Sec. 303. Waiver of residency requirement for Directors for Veterans' Employment and Training.CommentsClose CommentsPermalink
Sec. 304. Modification of special unemployment study to cover veterans of Post 9/11 Global Operations.CommentsClose CommentsPermalink
Sec. 305. Extension of increase in benefit for individuals pursuing apprenticeship or on-job training.CommentsClose CommentsPermalink
Sec. 306. Increase in supplemental educational assistance for members of the Selected Reserve with certain skills or specialties.CommentsClose CommentsPermalink
Sec. 307. Modification of educational assistance for Reserve component members supporting contingency operations and other operations.CommentsClose CommentsPermalink
TITLE IV--FILIPINO WORLD WAR II VETERANS MATTERS
Sec. 401. Expansion of eligibility for benefits provided by Department of Veterans Affairs for certain service in the organized military forces of the Commonwealth of the Philippines and the Philippine Scouts.CommentsClose CommentsPermalink
Sec. 402. Eligibility of children of certain Philippine veterans for educational assistance.CommentsClose CommentsPermalink
TITLE V--COURT MATTERS
Sec. 501. Recall of retired judges of the United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
Sec. 502. Additional discretion in imposition of practice and registration fees.CommentsClose CommentsPermalink
Sec. 503. Annual reports on workload of United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
Sec. 504. Report on expansion of facilities for United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND PENSION MATTERS
Sec. 601. Addition of osteoporosis to disabilities presumed to be service-connected in former prisoners of war with post-traumatic stress disorder.CommentsClose CommentsPermalink
Sec. 602. Cost-of-living increase for temporary dependency and indemnity compensation payable for surviving spouses with dependent children under the age of 18.CommentsClose CommentsPermalink
Sec. 603. Clarification of eligibility of veterans 65 years of age or older for service pension for a period of war.CommentsClose CommentsPermalink
TITLE VII--BURIAL AND MEMORIAL MATTERS
Sec. 701. Annual adjustment of amounts for burial benefits.CommentsClose CommentsPermalink
TITLE VIII--OTHER MATTERS
Sec. 801. Eligibility of disabled veterans and members of the Armed Forces with severe burn injuries for automobiles and adaptive equipment.CommentsClose CommentsPermalink
Sec. 802. Increase in assistance for providing automobiles or other conveyances to certain disabled veterans.CommentsClose CommentsPermalink
Sec. 803. Clarification of purpose of the outreach services program of the Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 804. Termination or suspension of contracts for cellular telephone service for servicemembers undergoing deployment outside the United States.CommentsClose CommentsPermalink
Sec. 805. Maintenance, management, and availability for research of assets of Air Force Health Study.CommentsClose CommentsPermalink
Sec. 806. National Academies study on risk of developing multiple sclerosis as a result of certain service in the Persian Gulf War and Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
Sec. 807. Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities.CommentsClose CommentsPermalink
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.CommentsClose CommentsPermalink
TITLE I--INSURANCE MATTERS
SEC. 101. LEVEL-PREMIUM TERM LIFE INSURANCE FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES.
(a) In General- Chapter 19 is amended by inserting after section 1922A the following new section:CommentsClose CommentsPermalink
`Sec. 1922B. Level-premium term life insurance for veterans with service-connected disabilities
`(a) In General- In accordance with the provisions of this section, the Secretary shall grant insurance to each eligible veteran who seeks such insurance against the death of such veteran occurring while such insurance is in force.CommentsClose CommentsPermalink
`(b) Eligible Veterans- For purposes of this section, an eligible veteran is any veteran less than 65 years of age who has a service-connected disability.CommentsClose CommentsPermalink
`(c) Amount of Insurance- (1) Subject to paragraph (2), the amount of insurance granted an eligible veteran under this section shall be $50,000 or such lesser amount as the veteran shall elect. The amount of insurance so elected shall be evenly divisible by $10,000.CommentsClose CommentsPermalink
`(2) The aggregate amount of insurance of an eligible veteran under this section, section 1922 of this title, and section 1922A of this title may not exceed $50,000.CommentsClose CommentsPermalink
`(d) Reduced Amount for Veterans Age 70 or Older- In the case of a veteran insured under this section who turns age 70, the amount of insurance of such veteran under this section after the date such veteran turns age 70 shall be the amount equal to 20 percent of the amount of insurance of the veteran under this section as of the day before such date.CommentsClose CommentsPermalink
`(e) Premiums- (1) Premium rates for insurance under this section shall be based on the 2001 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 4.5 per centum per annum.CommentsClose CommentsPermalink
`(2) The amount of the premium charged a veteran for insurance under this section may not increase while such insurance is in force for such veteran.CommentsClose CommentsPermalink
`(3) The Secretary may not charge a premium for insurance under this section for a veteran as follows:CommentsClose CommentsPermalink
`(A) A veteran who has a service-connected disability rated as total and is eligible for a waiver of premiums under section 1912 of this title.CommentsClose CommentsPermalink
`(B) A veteran who is 70 years of age or older.CommentsClose CommentsPermalink
`(4) Insurance granted under this section shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund in the Treasury of the United States, and any payments on such insurance shall be made directly from such fund. Appropriations to such fund are hereby authorized.CommentsClose CommentsPermalink
`(5) Administrative costs to the Government for the costs of the program of insurance under this section shall be paid from premiums credited to the fund under paragraph (4), and payments for claims against the fund under paragraph (4) for amounts in excess of amounts credited to such fund under that paragraph (after such administrative costs have been paid) shall be paid from appropriations to the fund.CommentsClose CommentsPermalink
`(f) Application Required- An eligible veteran seeking insurance under this section shall file with the Secretary an application therefor. Such application shall be filed not later than the earlier of--CommentsClose CommentsPermalink
`(1) the end of the two-year period beginning on the date on which the Secretary notifies the veteran that the veteran has a service-connected disability; andCommentsClose CommentsPermalink
`(2) the end of the 10-year period beginning on the date of the separation of the veteran from the Armed Forces, whichever is earlier.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 19 is amended by inserting after the item related to section 1922A the following new item:CommentsClose CommentsPermalink
`1922B. Level-premium term life insurance for veterans with service-connected disabilities.'.CommentsClose CommentsPermalink
(c) Exchange of Service Disabled Veterans' Insurance- During the one-year period beginning on the effective date of this section under subsection (d), any veteran insured under
(d) Effective Date- This section, and the amendments made by this section, shall take effect on June 1, 2008.CommentsClose CommentsPermalink
SEC. 102. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS' INSURANCE.
Section 1922(a) is amended by striking `directly from such fund' and inserting `directly from such fund; and (5) administrative costs to the Government for the costs of the program of insurance under this section shall be paid from premiums credited to the fund under paragraph (4), and payments for claims against the fund under paragraph (4) for amounts in excess of amounts credited to such fund under that paragraph (after such administrative costs have been paid) shall be paid from appropriations to the fund'.CommentsClose CommentsPermalink
SEC. 103. MODIFICATION OF SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE.
(a) Expansion of Servicemembers' Group Life Insurance To Include Certain Members of Individual Ready Reserve-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (1)(C) of section 1967(a) is amended by striking `section 1965(5)(B) of this title' and inserting `subparagraph (B) or (C) of section 1965(5) of this title'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (5)(C) of such section 1967(a) is amended by striking `section 1965(5)(B) of this title' and inserting `subparagraph (B) or (C) of section 1965(5) of this title'.CommentsClose CommentsPermalink
(b) Reduction in Period of Coverage for Dependents After Member Separates- Section 1968(a)(5)(B)(ii) is amended by striking `120 days after'.CommentsClose CommentsPermalink
SEC. 104. SUPPLEMENTAL INSURANCE FOR TOTALLY DISABLED VETERANS.
(a) In General- Section 1922A(a) is amended by striking `$20,000' and inserting `$30,000'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on January 1, 2008.CommentsClose CommentsPermalink
SEC. 105. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE BENEFITS FROM TRAUMATIC INJURY PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) In General- Paragraph (1) of section 501(b) of the Veterans' Housing Opportunity and Benefits Improvement Act of 2006 (
(b) Conforming Amendment- The heading of such section is amended by striking `in Operation Enduring Freedom and Operation Iraqi Freedom'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on January 1, 2008.CommentsClose CommentsPermalink
SEC. 106. CONSIDERATION OF LOSS OF DOMINANT HAND IN PRESCRIPTION OF SCHEDULE OF SEVERITY OF TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) In General- Section 1980A(d) is amended--CommentsClose CommentsPermalink
(1) by striking `Payments under' and inserting `(1) Payments under'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) As the Secretary considers appropriate, the schedule required by paragraph (1) may distinguish in specifying payments for qualifying losses between the severity of a qualifying loss of a dominant hand and a qualifying loss of a non-dominant hand.'.CommentsClose CommentsPermalink
(b) Payments for Qualifying Losses Incurred Before Date of Enactment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Veterans Affairs shall prescribe in regulations mechanisms for payments under
(2) QUALIFYING LOSS DEFINED- In this subsection, the term `qualifying loss' means--CommentsClose CommentsPermalink
(A) a loss specified in the second sentence of subsection (b)(1) of
(B) any other loss specified by the Secretary of Veterans Affairs pursuant to the first sentence of that subsection.CommentsClose CommentsPermalink
SEC. 107. DESIGNATION OF FIDUCIARY FOR TRAUMATIC INJURY PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE IN CASE OF LOST MENTAL CAPACITY OR EXTENDED LOSS OF CONSCIOUSNESS.
(a) In General- The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a form for the designation of a recipient for the funds distributed under
(b) Elements- The form under subsection (a) shall require that a member may elect that--CommentsClose CommentsPermalink
(1) an individual designated by the member be the recipient as the fiduciary of the member; orCommentsClose CommentsPermalink
(2) a court of proper jurisdiction determine the recipient as the fiduciary of the member for purposes of this subsection.CommentsClose CommentsPermalink
(c) Completion and Update- The form under subsection (a) shall be completed by an individual at the time of entry into the Armed Forces and updated periodically thereafter.CommentsClose CommentsPermalink
SEC. 108. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.
Section 2106(b) is amended by striking `$90,000' and inserting `$150,000, or $200,000 after January 1, 2012,'.CommentsClose CommentsPermalink
TITLE II--HOUSING MATTERS
SEC. 201. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR RELEASE FROM THE ARMED FORCES.
Section 1717 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability.CommentsClose CommentsPermalink
`(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.'.CommentsClose CommentsPermalink
SEC. 202. ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING BENEFITS AND ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WITH SERVICE-CONNECTED DISABILITIES AND INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES.
(a) Eligibility- Chapter 21 is amended by inserting after section 2101 the following new section:CommentsClose CommentsPermalink
`Sec. 2101A. Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States
`(a) Members With Service-Connected Disabilities- (1) The Secretary may provide assistance under this chapter to a member of the Armed Forces serving on active duty who is suffering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same requirements as veterans under this chapter.CommentsClose CommentsPermalink
`(2) For purposes of this chapter, any reference to a veteran or eligible individual shall be treated as a reference to a member of the Armed Forces described in subsection (a) who is similarly situated to the veteran or other eligible individual so referred to.CommentsClose CommentsPermalink
`(b) Benefits and Assistance for Individuals Residing Outside the United States- (1) Subject to paragraph (2), the Secretary may, at the Secretary's discretion, provide benefits and assistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assistance who resides outside the United States.CommentsClose CommentsPermalink
`(2) The Secretary may provide benefits and assistance to an individual under paragraph (1) only if--CommentsClose CommentsPermalink
`(A) the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; andCommentsClose CommentsPermalink
`(B) the individual has or will acquire a beneficial property interest (as so determined) in such housing or residence.CommentsClose CommentsPermalink
`(c) Regulations- Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regulations as the Secretary may prescribe.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) REPEAL OF SUPERSEDED AUTHORITY- Section 2101 is amended--CommentsClose CommentsPermalink
(A) by striking subsection (c); andCommentsClose CommentsPermalink
(B) by redesignating subsection (d) as subsection (c).CommentsClose CommentsPermalink
(2) LIMITATIONS ON ASSISTANCE- Section 2102 is amended--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by striking `veteran' each place it appears and inserting `individual'; andCommentsClose CommentsPermalink
(ii) in paragraph (3), by striking `veteran's' and inserting `individual's';CommentsClose CommentsPermalink
(B) in subsection (b)(1), by striking `a veteran' and inserting `an individual';CommentsClose CommentsPermalink
(C) in subsection (c)--CommentsClose CommentsPermalink
(i) by striking `a veteran' and inserting `an individual'; andCommentsClose CommentsPermalink
(ii) by striking `the veteran' each place it appears and inserting `the individual'; andCommentsClose CommentsPermalink
(D) in subsection (d), by striking `a veteran' each place it appears and inserting `an individual'.CommentsClose CommentsPermalink
(3) ASSISTANCE FOR INDIVIDUALS TEMPORARILY RESIDING IN HOUSING OF FAMILY MEMBER- Section 2102A is amended--CommentsClose CommentsPermalink
(A) by striking `veteran' each place it appears (other than in subsection (b)) and inserting `individual';CommentsClose CommentsPermalink
(B) in subsection (a), by striking `veteran's' each place it appears and inserting `individual's'; andCommentsClose CommentsPermalink
(C) in subsection (b), by striking `a veteran' each place it appears and inserting `an individual'.CommentsClose CommentsPermalink
(4) FURNISHING OF PLANS AND SPECIFICATIONS- Section 2103 is amended by striking `veterans' both places it appears and inserting `individuals'.CommentsClose CommentsPermalink
(5) CONSTRUCTION OF BENEFITS- Section 2104 is amended--CommentsClose CommentsPermalink
(A) in subsection (a), by striking `veteran' each place it appears and inserting `individual'; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in the first sentence, by striking `A veteran' and inserting `An individual';CommentsClose CommentsPermalink
(ii) in the second sentence, by striking `a veteran' and inserting `an individual'; andCommentsClose CommentsPermalink
(iii) by striking `such veteran' each place it appears and inserting `such individual'.CommentsClose CommentsPermalink
(6) VETERANS' MORTGAGE LIFE INSURANCE- Section 2106 is amended--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by striking `any eligible veteran' and inserting `any eligible individual'; andCommentsClose CommentsPermalink
(ii) by striking `the veterans' and inserting `the individual's';CommentsClose CommentsPermalink
(B) in subsection (b), by striking `an eligible veteran' and inserting `an eligible individual';CommentsClose CommentsPermalink
(C) in subsection (e), by striking `an eligible veteran' and inserting `an individual';CommentsClose CommentsPermalink
(D) in subsection (h), by striking `each veteran' and inserting `each individual';CommentsClose CommentsPermalink
(E) in subsection (i), by striking `the veteran's' each place it appears and inserting `the individual's';CommentsClose CommentsPermalink
(F) by striking `the veteran' each place it appears and inserting `the individual'; andCommentsClose CommentsPermalink
(G) by striking `a veteran' each place it appears and inserting `an individual'.CommentsClose CommentsPermalink
(7) HEADING AMENDMENTS- (A) The heading of section 2101 is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 2101. Acquisition and adaptation of housing: eligible veterans'.
(B) The heading of section 2102A is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 2102A. Assistance for individuals residing temporarily in housing owned by a family member'.
(8) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 21 is amended--CommentsClose CommentsPermalink
(A) by striking the item relating to section 2101 and inserting the following new item:CommentsClose CommentsPermalink
`2101. Acquisition and adaptation of housing: eligible veterans.';CommentsClose CommentsPermalink
(B) by inserting after the item relating to section 2101, as so amended, the following new item:CommentsClose CommentsPermalink
`2101A. Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States.';CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(C) by striking the item relating to section 2102A and inserting the following new item:CommentsClose CommentsPermalink
`2102A. Assistance for individuals residing temporarily in housing owned by a family member.'.CommentsClose CommentsPermalink
SEC. 203. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR INDIVIDUALS WITH SEVERE BURN INJURIES.
Section 2101 is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(2), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).'; andCommentsClose CommentsPermalink
(2) in subsection (b)(2)--CommentsClose CommentsPermalink
(A) by striking `either' and inserting `any'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) The disability is due to a severe burn injury (as so determined).'.CommentsClose CommentsPermalink
SEC. 204. EXTENSION OF ASSISTANCE FOR INDIVIDUALS RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER.
Section 2102A(e) is amended by striking `after the end of the five-year period that begins on the date of the enactment of the Veterans' Housing Opportunity and Benefits Improvement Act of 2006' and inserting `after December 31, 2011'.CommentsClose CommentsPermalink
SEC. 205. INCREASE IN SPECIALLY ADAPTED HOUSING BENEFITS FOR DISABLED VETERANS.
(a) In General- Section 2102 is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(2), by striking `$10,000' and inserting `$11,000';CommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `$50,000' and inserting `$55,000'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `$10,000' and inserting `$11,000'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e)(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with this subsection.CommentsClose CommentsPermalink
`(2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the percentage by which--CommentsClose CommentsPermalink
`(A) the residential home cost-of-construction index for the preceding calendar year, exceedsCommentsClose CommentsPermalink
`(B) the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).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 change 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
(b) Effective Date- The amendments made by this section shall take effect on July 1, 2008, and shall apply with respect to payments made in accordance with
SEC. 206. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED INDIVIDUALS.
(a) In General- Not later than December 31, 2008, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist eligible disabled individuals in acquiring--CommentsClose CommentsPermalink
(1) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor;CommentsClose CommentsPermalink
(2) such adaptations to their residences as are reasonably necessary because of their disabilities; andCommentsClose CommentsPermalink
(3) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities.CommentsClose CommentsPermalink
(b) Focus on Particular Disabilities- The report required by subsection (a) shall set forth a specific assessment of the needs of--CommentsClose CommentsPermalink
(1) veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of
(2) other disabled individuals eligible for specially adapted housing under chapter 21 of such title by reason of section 2101A of such title (as added by section 202(a) of this Act) who have disabilities that are not described in such subsections.CommentsClose CommentsPermalink
SEC. 207. REPORT ON SPECIALLY ADAPTED HOUSING ASSISTANCE FOR INDIVIDUALS WHO RESIDE IN HOUSING OWNED BY A FAMILY MEMBER ON PERMANENT BASIS.
Not later than December 31, 2008, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under
TITLE III--LABOR AND EDUCATION MATTERS
SEC. 301. COORDINATION OF APPROVAL ACTIVITIES IN THE ADMINISTRATION OF EDUCATION BENEFITS.
(a) Coordination-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3673 is amended--CommentsClose CommentsPermalink
(A) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
`(b) Coordination of Activities- The Secretary shall take appropriate actions to ensure the coordination of approval activities performed by State approving agencies under this chapter and chapters 34 and 35 of this title and approval activities performed by the Department of Labor, the Department of Education, and other entities in order to reduce overlap and improve efficiency in the performance of such activities.'.CommentsClose CommentsPermalink
(2) CONFORMING AND CLERICAL AMENDMENTS- (A) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 3673. Approval activities: cooperation and coordination of activities'.
(B) The table of sections at the beginning of chapter 36 is amended by striking the item relating to section 3673 and inserting the following new item:CommentsClose CommentsPermalink
`3673. Approval activities: cooperation and coordination of activities.'.CommentsClose CommentsPermalink
(3) STYLISTIC AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink
(A) in subsection (a), by inserting `Cooperation in Activities- ' after `(a)'; andCommentsClose CommentsPermalink
(B) in subsection (c), as redesignated by paragraph (1)(A) of this subsection, by inserting `Availability of Information Material- ' after `(c)'.CommentsClose CommentsPermalink
(b) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following:CommentsClose CommentsPermalink
(1) The actions taken to establish outcome-oriented performance standards for State approving agencies created or designated under
(2) The actions taken to implement a tracking and reporting system for resources expended for approval and outreach activities by such agencies.CommentsClose CommentsPermalink
(3) Any recommendations for legislative action that the Secretary considers appropriate to achieve the complete implementation of the standards described in paragraph (1).CommentsClose CommentsPermalink
SEC. 302. ENHANCED AUTHORITY FOR REIMBURSEMENT OF STATE APPROVING AGENCIES FOR EXPENSES.
Section 3674(a) is amended--CommentsClose CommentsPermalink
(1) in paragraph (2)(A)--CommentsClose CommentsPermalink
(A) by striking `, out of amounts available for the payment of readjustment benefits,'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new sentence: `Subject to paragraph (4), such payments shall be made first out of amounts available for the payment of readjustment benefits and then from other amounts made available to make such payments.'; andCommentsClose CommentsPermalink
(2) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink
`(4)(A) The total amount authorized and available under this section for any fiscal year may not exceed $19,000,000, except that--CommentsClose CommentsPermalink
`(i) the total amount made available for purposes of this section from amounts available for the payment of readjustment benefits may not exceed $13,000,000 in each of fiscal years 2008 through 2012; andCommentsClose CommentsPermalink
`(ii) no amount may be made available for such purposes from amounts available for the payment of readjustment benefits after fiscal year 2012.CommentsClose CommentsPermalink
`(B) For any fiscal year in which the total amount that would be made available under this section would exceed the amount applicable to that fiscal year under subparagraph (A) except for the provisions of this paragraph, the Secretary shall provide that each agency shall receive the same percentage of the amount applicable to that fiscal year under subparagraph (A) as the agency would have received of the total amount that would have been made available without the limitation of this paragraph.'.CommentsClose CommentsPermalink
SEC. 303. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS' EMPLOYMENT AND TRAINING.
Section 4103(a)(2) is amended--CommentsClose CommentsPermalink
(1) by inserting `(A)' after `(2)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B) The Secretary may waive the requirement in subparagraph (A) with respect to a Director for Veterans' Employment and Training if the Secretary determines that the waiver is in the public interest. Any such waiver shall be made on a case-by-case basis.'.CommentsClose CommentsPermalink
SEC. 304. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER VETERANS OF POST 9/11 GLOBAL OPERATIONS.
(a) Modification of Study- Subsection (a)(1) of section 4110A is amended--CommentsClose CommentsPermalink
(1) in the matter before subparagraph (A), by striking `a study every two years' and inserting `an annual study';CommentsClose CommentsPermalink
(2) by redesignating subparagraph (A) as subparagraph (F);CommentsClose CommentsPermalink
(3) by striking subparagraph (B) and inserting the following new subparagraphs:CommentsClose CommentsPermalink
`(A) Veterans who were called to active duty while members of the National Guard or a Reserve Component.CommentsClose CommentsPermalink
`(B) Veterans who served in combat or in a war zone in the Post 9/11 Global Operations theaters.'; andCommentsClose CommentsPermalink
(4) in subparagraph (C)--CommentsClose CommentsPermalink
(A) by striking `Vietnam era' and inserting `Post 9/11 Global Operations period'; andCommentsClose CommentsPermalink
(B) by striking `the Vietnam theater of operations' and inserting `the Post 9/11 Global Operations theaters'.CommentsClose CommentsPermalink
(b) Definitions- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) In this section:CommentsClose CommentsPermalink
`(1) The term `Post 9/11 Global Operations period' means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter prescribed by Presidential proclamation or law.CommentsClose CommentsPermalink
`(2) The term `Post 9/11 Global Operations theaters' means Afghanistan, Iraq, or any other theater in which the Global War on Terrorism Expeditionary Medal is awarded for service.'.CommentsClose CommentsPermalink
SEC. 305. EXTENSION OF INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR ON-JOB TRAINING.
Section 103 of the Veterans Benefits Improvement Act of 2004 (
SEC. 306. INCREASE IN SUPPLEMENTAL EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE WITH CERTAIN SKILLS OR SPECIALTIES.
(a) In General-
(1) in paragraph (1), by striking `$350' and inserting `$425'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `$350' and inserting `$425'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall take effect on July 1, 2008, and shall apply with respect to payments made in accordance with
SEC. 307. MODIFICATION OF EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND OTHER OPERATIONS.
TITLE IV--FILIPINO WORLD WAR II VETERANS MATTERS
SEC. 401. EXPANSION OF ELIGIBILITY FOR BENEFITS PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN SERVICE IN THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES AND THE PHILIPPINE SCOUTS.
(a) Modification of Status of Certain Service-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 107 is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 107. Certain service with Philippine forces deemed to be active service
`(a) In General- Service described in subsection (b) shall be deemed to have been active military, naval, or air service for purposes of any law of the United States conferring rights, privileges, or benefits upon any individual by reason of the service of such individual or the service of any other individual in the Armed Forces.CommentsClose CommentsPermalink
`(b) Service Described- Service described in this subsection is service--CommentsClose CommentsPermalink
`(1) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; orCommentsClose CommentsPermalink
`(2) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538).CommentsClose CommentsPermalink
`(c) Dependency and Indemnity Compensation for Certain Recipients Residing Outside the United States- (1) Dependency and indemnity compensation provided under chapter 13 of this title to an individual described in paragraph (2) shall be made at a rate of $0.50 for each dollar authorized.CommentsClose CommentsPermalink
`(2) An individual described in this paragraph is an individual who resides outside the United States and is entitled to dependency and indemnity compensation under chapter 13 of this title based on service described in subsection (b).CommentsClose CommentsPermalink
`(d) Exception on Pension and Death Pension for Individuals Residing Outside the United States- An individual who resides outside the United States shall not, while so residing, be entitled to a pension under subchapter II or III of chapter 15 of this title based on service described in subsection (b).CommentsClose CommentsPermalink
`(e) United States Defined- In this section, the term `United States' means the States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other possession or territory of the United States.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 is amended by striking the item related to section 107 and inserting the following new item:CommentsClose CommentsPermalink
`107. Certain service with Philippine forces deemed to be active service.'.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply with respect to the payment or provision of benefits on or after the date of the enactment of this Act. No benefits are payable or are required to be provided by reason of such amendment for any period before such date.CommentsClose CommentsPermalink
(b) Pension and Death Pension Benefit Protection- Notwithstanding any other provision of law, a veteran with service described in
(1) make such veteran or survivor ineligible for any Federal or federally assisted program for which such veteran or survivor qualifies; orCommentsClose CommentsPermalink
(2) reduce the amount of benefit such veteran or survivor would receive from any Federal or federally assisted program for which such veteran or survivor qualifies.CommentsClose CommentsPermalink
SEC. 402. ELIGIBILITY OF CHILDREN OF CERTAIN PHILIPPINE VETERANS FOR EDUCATIONAL ASSISTANCE.
(a) In General- Subsection (b) of section 3565 is amended by striking `except that--' and all that follows and inserting `except that a reference to a State approving agency shall be deemed to refer to the Secretary.'.CommentsClose CommentsPermalink
(b) Repeal of Obsolete Provision- Such section is further amended by striking subsection (c).CommentsClose CommentsPermalink
TITLE V--COURT MATTERS
SEC. 501. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Repeal of Limit on Service of Recalled Retired Judges Who Voluntarily Serve More Than 90 Days- Section 7257(b)(2) is amended by striking `or for more than a total of 180 days (or the equivalent) during any calendar year'.CommentsClose CommentsPermalink
(b) New Judges Recalled After Retirement Receive Pay of Current Judges Only During Period of Recall-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 7296(c) is amended by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(1)(A) A judge who is appointed on or after the date of the enactment of the Veterans' Benefits Enhancement Act of 2008 and who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection shall (except as provided in paragraph (2)) receive retired pay as follows:CommentsClose CommentsPermalink
`(i) In the case of a judge who is a recall-eligible retired judge under section 7257 of this title, the retired pay of the judge shall (subject to section 7257(d)(2) of this title) be the rate of pay applicable to that judge at the time of retirement, as adjusted from time to time under subsection (f)(3).CommentsClose CommentsPermalink
`(ii) In the case of a judge other than a recall-eligible retired judge, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement.CommentsClose CommentsPermalink
`(B) A judge who retired before the date of the enactment of the Veterans' Benefits Enhancement Act of 2008 and elected under subsection (d) to receive retired pay under this subsection, or a judge who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection, shall (except as provided in paragraph (2)) receive retired pay as follows:CommentsClose CommentsPermalink
`(i) In the case of a judge who is a recall-eligible retired judge under section 7257 of this title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability, the retired pay of the judge shall be the pay of a judge of the court.CommentsClose CommentsPermalink
`(ii) In the case of a judge who at the time of retirement did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement.CommentsClose CommentsPermalink
`(iii) In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)(3) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status.'.CommentsClose CommentsPermalink
(2) COST-OF-LIVING ADJUSTMENT FOR RETIRED PAY OF NEW JUDGES WHO ARE RECALL-ELIGIBLE- Section 7296(f)(3)(A) is amended by striking `paragraph (2) of subsection (c)' and inserting `paragraph (1)(A)(i) or (2) of subsection (c)'.CommentsClose CommentsPermalink
(3) PAY DURING PERIOD OF RECALL- Subsection (d) of section 7257 is amended to read as follows:CommentsClose CommentsPermalink
`(d)(1) The pay of a recall-eligible retired judge to whom section 7296(c)(1)(B) of this title applies is the pay specified in that section.CommentsClose CommentsPermalink
`(2) A judge who is recalled under this section who retired under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this title applies shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount of the judge's annuity under the applicable provisions of chapter 83 or 84 of title 5 or the judge's annuity under section 7296(c)(1)(A) of this title, whichever is applicable.'.CommentsClose CommentsPermalink
(4) NOTICE- The last sentence of section 7257(a)(1) is amended to read as follows: `Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable.'.CommentsClose CommentsPermalink
(c) Limitation on Involuntary Recalls- Section 7257(b)(3) is amended by adding at the end the following new sentence: `This paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years of recalled service on the Court under this section.'.CommentsClose CommentsPermalink
SEC. 502. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND REGISTRATION FEES.
Section 7285(a) is amended--CommentsClose CommentsPermalink
(1) in the first sentence, by inserting `reasonable' after `impose a';CommentsClose CommentsPermalink
(2) in the second sentence, by striking `, except that such amount may not exceed $30 per year'; andCommentsClose CommentsPermalink
(3) in the third sentence, by inserting `reasonable' after `impose a'.CommentsClose CommentsPermalink
SEC. 503. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General- Subchapter III of chapter 72 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 7288. Annual report
`(a) In General- The chief judge of the Court shall submit annually to the appropriate committees of Congress a report summarizing the workload of the Court for the last fiscal year that ended before the submission of such report. Such report shall include, with respect to such fiscal year, the following information:CommentsClose CommentsPermalink
`(1) The number of appeals filed.CommentsClose CommentsPermalink
`(2) The number of petitions filed.CommentsClose CommentsPermalink
`(3) The number of applications filed under section 2412 of title 28.CommentsClose CommentsPermalink
`(4) The number and type of dispositions.CommentsClose CommentsPermalink
`(5) The median time from filing to disposition.CommentsClose CommentsPermalink
`(6) The number of oral arguments.CommentsClose CommentsPermalink
`(7) The number and status of pending appeals and petitions and of applications described in paragraph (3).CommentsClose CommentsPermalink
`(8) A summary of any service performed by recalled retired judges during the fiscal year.CommentsClose CommentsPermalink
`(b) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 72 is amended by inserting after the item related to section 7287 the following new item:CommentsClose CommentsPermalink
`7288. Annual report.'.CommentsClose CommentsPermalink
SEC. 504. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The United States Court of Appeals for Veterans Claims is currently located in the District of Columbia in a commercial office building that is also occupied by other Federal tenants.CommentsClose CommentsPermalink
(2) In February 2006, the General Services Administration provided Congress with a preliminary feasibility analysis of a dedicated Veterans Courthouse and Justice Center that would house the Court and other entities that work with the Court.CommentsClose CommentsPermalink
(3) In February 2007, the Court notified Congress that the `most cost-effective alternative appears to be leasing substantial additional space in the current location', which would `require relocating other current government tenants' from that building.CommentsClose CommentsPermalink
(4) The February 2006 feasibility report of the General Services Administration does not include an analysis of whether it would be feasible or desirable to locate a Veterans Courthouse and Justice Center at the current location of the Court.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States Court of Appeals for Veterans Claims should be provided with appropriate office space to meet its needs, as well as to provide the image, security, and stature befitting a court that provides justice to the veterans of the United States; andCommentsClose CommentsPermalink
(2) in providing that space, Congress should avoid undue disruption, inconvenience, or cost to other Federal entities.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility of--CommentsClose CommentsPermalink
(A) leasing additional space for the United States Court of Appeals for Veterans Claims within the building where the Court was located on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(B) using the entirety of such building as a Veterans Courthouse and Justice Center.CommentsClose CommentsPermalink
(2) CONTENTS- The report required by paragraph (1) shall include a detailed analysis of the following:CommentsClose CommentsPermalink
(A) The impact that the matter analyzed in accordance with paragraph (1) would have on Federal tenants of the building used by the Court.CommentsClose CommentsPermalink
(B) Whether it would be feasible to relocate such Federal tenants into office space that offers similar or preferable cost, convenience, and usable square footage.CommentsClose CommentsPermalink
(C) If relocation of such Federal tenants is found to be feasible and desirable, an analysis of what steps should be taken to convert the building into a Veterans Courthouse and Justice Center and a timeline for such conversion.CommentsClose CommentsPermalink
(3) COMMENT PERIOD- The Administrator shall provide an opportunity to such Federal tenants--CommentsClose CommentsPermalink
(A) before the completion of the report required by paragraph (1), to comment on the subject of the report required by such paragraph; andCommentsClose CommentsPermalink
(B) before the Administrator submits the report required by paragraph (1) to the congressional committees specified in such paragraph, to comment on a draft of such report.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND PENSION MATTERS
SEC. 601. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS DISORDER.
Section 1112(b)(2) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(F) Osteoporosis, if the Secretary determines that the veteran was diagnosed with post-traumatic stress disorder (PTSD).'.CommentsClose CommentsPermalink
SEC. 602. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH DEPENDENT CHILDREN UNDER THE AGE OF 18.
Section 1311(f) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (
SEC. 603. CLARIFICATION OF ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER FOR SERVICE PENSION FOR A PERIOD OF WAR.
Section 1513 is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking `by section 1521' and all that follows and inserting `by subsection (b), (c), (f)(1), (f)(5), or (g) of that section, as the case may be and as increased from time to time under section 5312 of this title.';CommentsClose CommentsPermalink
(2) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
`(b) The conditions in subsections (h) and (i) of section 1521 of this title shall apply to determinations of income and maximum payments of pension for purposes of this section.'.CommentsClose CommentsPermalink
TITLE VII--BURIAL AND MEMORIAL MATTERS
SEC. 701. ANNUAL ADJUSTMENT OF AMOUNTS FOR BURIAL BENEFITS.
(a) In General- Chapter 23 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2309. Annual adjustment of amounts of burial benefits
`With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the burial and funeral expenses under sections 2302(a), 2303(a), and 2307 of this title, and in the plot allowance under section 2303(b) of this title, 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) the Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 23 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2309. Annual adjustment of amounts of burial benefits.'.CommentsClose CommentsPermalink
TITLE VIII--OTHER MATTERS
SEC. 801. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT.
(a) Eligibility- Paragraph (1) of section 3901 is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) in the matter preceding clause (i), by striking `or (iii) below' and inserting `(iii), or (iv)'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary).'; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by striking `or (iii)' and inserting `(iii), or (iv)'.CommentsClose CommentsPermalink
(b) Stylistic Amendments- Such section is further amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking `chapter--' and inserting `chapter:';CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `means--' and inserting `means the following:';CommentsClose CommentsPermalink
(B) in subparagraph (A)--CommentsClose CommentsPermalink
(i) in the matter preceding clause (i), by striking `any veteran' and inserting `Any veteran';CommentsClose CommentsPermalink
(ii) in clauses (i) and (ii), by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink
(iii) in clause (iii), by striking `or' and inserting a period; andCommentsClose CommentsPermalink
(C) in subparagraph (B), by striking `any member' and inserting `Any member'.CommentsClose CommentsPermalink
SEC. 802. INCREASE IN ASSISTANCE FOR PROVIDING AUTOMOBILES OR OTHER CONVEYANCES TO CERTAIN DISABLED VETERANS.
(a) In General- Section 3902 is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking `$11,000' and inserting `$16,000'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e)(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amount described in 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
(b) Effective Date- The amendments made by this section shall take effect on July 1, 2008, and shall apply with respect to payments made in accordance with
SEC. 803. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Clarification of Inclusion of Members of the National Guard and Reserve in Program- Subsection (a)(1) of section 6301 is amended by inserting `, or from the National Guard or Reserve,' after `active military, naval, or air service'.CommentsClose CommentsPermalink
(b) Definition of Outreach- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink
(2) by inserting before paragraph (2) the following new paragraph (1):CommentsClose CommentsPermalink
`(1) the term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws;'.CommentsClose CommentsPermalink
SEC. 804. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE FOR SERVICEMEMBERS UNDERGOING DEPLOYMENT OUTSIDE THE UNITED STATES.
(a) In General- Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 305 the following new section:CommentsClose CommentsPermalink
`SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE.
`(a) In General- A servicemember who receives orders to deploy outside of the continental United States for not less than 90 days may request the termination or suspension of any contract for cellular telephone service entered into by the servicemember before that date if the servicemember's ability to satisfy the contract or to utilize the service will be materially affected by that period of deployment. The request shall include a copy of the servicemember's military orders.CommentsClose CommentsPermalink
`(b) Relief- Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall, at the election of the contractor--CommentsClose CommentsPermalink
`(1) grant the requested relief without imposition of an early termination fee for termination of the contract or a reactivation fee for suspension of the contract; orCommentsClose CommentsPermalink
`(2) permit the servicemember to suspend the contract at no charge until the end of the deployment without requiring, whether as a condition of suspension or otherwise, that the contract be extended.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for that Act is amended by inserting after the item relating to section 305 the following new item:CommentsClose CommentsPermalink
`Sec. 305A. Termination or suspension of contracts for cellular telephone service.'.CommentsClose CommentsPermalink
SEC. 805. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.
(a) Purpose- The purpose of this section is to ensure that the assets transferred to the Medical Follow-Up Agency from the Air Force Health Study are maintained, managed, and made available as a resource for future research for the benefit of veterans and their families, and for other humanitarian purposes.CommentsClose CommentsPermalink
(b) Assets From Air Force Health Study- For purposes of this section, the assets transferred to the Medical Follow-Up Agency from the Air Force Health Study are the assets of the Air Force Health Study transferred to the Medical Follow-Up Agency under section 714 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(c) Maintenance and Management of Transferred Assets- The Medical Follow-Up Agency shall maintain and manage the assets transferred to the Agency from the Air Force Health Study.CommentsClose CommentsPermalink
(d) Additional Near-Term Research-CommentsClose CommentsPermalink
(1) IN GENERAL- The Medical Follow-Up Agency may, during the period beginning on October 1, 2007, and ending on September 30, 2011, conduct such additional research on the assets transferred to the Agency from the Air Force Health Study as the Agency considers appropriate toward the goal of understanding the determinants of health, and promoting wellness, in veterans.CommentsClose CommentsPermalink
(2) RESEARCH- In carrying out research authorized by this subsection, the Medical Follow-Up Agency may, utilizing amounts available under subsection (f)(1)(B), make grants for such pilot studies for or in connection with such research as the Agency considers appropriate.CommentsClose CommentsPermalink
(e) Additional Medium-Term Research-CommentsClose CommentsPermalink
(1) REPORT- Not later than March 31, 2011, the Medical Follow-Up Agency shall submit to Congress a report assessing the feasability and advisability of conducting additional research on the assets transferred to the Agency from the Air Force Health Study after September 30, 2011.CommentsClose CommentsPermalink
(2) DISPOSITION OF ASSETS- If the report required by paragraph (1) includes an assessment that the research described in that paragraph would be feasible and advisable, the Agency shall, utilizing amounts available under subsection (f)(2), make any disposition of the assets transferred to the Agency from the Air Force Health Study as the Agency considers appropriate in preparation for such research.CommentsClose CommentsPermalink
(f) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- From amounts available for each of fiscal years 2008 through 2011 for the Department of Veterans Affairs for Medical and Prosthetic Research, amounts shall be available as follows:CommentsClose CommentsPermalink
(A) $1,200,000 shall be available in each such fiscal year for maintenance, management, and operation (including maintenance of biological specimens) of the assets transferred to the Medical Follow-Up Agency from the Air Force Health Study.CommentsClose CommentsPermalink
(B) $250,000 shall be available in each such fiscal year for the conduct of additional research authorized by subsection (d), including the funding of pilot studies authorized by paragraph (2) of that subsection.CommentsClose CommentsPermalink
(2) MEDIUM-TERM RESEARCH- From amounts available for fiscal year 2011 for the Department of Veterans Affairs for Medical and Prosthetic Research, $200,000 shall be available for the preparation of the report required by subsection (e)(1) and for the disposition, if any, of assets authorized by subsection (e)(2).CommentsClose CommentsPermalink
SEC. 806. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN SERVICE IN THE PERSIAN GULF WAR AND POST 9/11 GLOBAL OPERATIONS THEATERS.
(a) In General- The Secretary of Veterans Affairs shall enter into a contract with the Institute of Medicine of the National Academies to conduct a comprehensive epidemiological study for purposes of identifying any increased risk of developing multiple sclerosis as a result of service in the Armed Forces during the Persian Gulf War in the Southwest Asia theater of operations or in the Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
(b) Elements- In conducting the study required under subsection (a), the Institute of Medicine shall do the following:CommentsClose CommentsPermalink
(1) Determine whether service in the Armed Forces during the Persian Gulf War in the Southwest Asia theater of operations, or in the Post 9/11 Global Operations theaters, increased the risk of developing multiple sclerosis.CommentsClose CommentsPermalink
(2) Identify the incidence and prevalence of diagnosed neurological diseases, including multiple sclerosis, Parkinson's disease, amyotrophic lateral sclerosis, and brain cancers, as well as central nervous system abnormalities that are difficult to precisely diagnose, in each group as follows:CommentsClose CommentsPermalink
(A) Members of the Armed Forces who served during the Persian Gulf War in the Southwest Asia theater of operations.CommentsClose CommentsPermalink
(B) Members of the Armed Forces who served in the Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
(C) A non-deployed comparison group for those who served in the Persian Gulf War in the Southwest Asia theater of operations and the Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
(3) Compare the incidence and prevalence of the named diagnosed neurological diseases and undiagnosed central nervous system abnormalities among veterans who served during the Persian Gulf War in the Southwest Asia theater of operations, or in the Post 9/11 Global Operations theaters, in various locations during such periods, as determined by the Institute of Medicine.CommentsClose CommentsPermalink
(4) Collect information on risk factors, such as pesticide and other toxic exposures, to which veterans were exposed while serving during the Persian Gulf War in the Southwest Asia theater of operations or the Post 9/11 Global Operations theaters, or thereafter.CommentsClose CommentsPermalink
(c) Reports-CommentsClose CommentsPermalink
(1) INTERIM REPORT- The contract required by subsection (a) shall require the Institute of Medicine to submit to the Secretary, and to appropriate committees of Congress, interim progress reports on the study required under subsection (a). Such reports shall not be required to include a description of interim results on the work under the study.CommentsClose CommentsPermalink
(2) FINAL REPORT- The contract shall require the Institute of Medicine to submit to the Secretary, and to appropriate committees of Congress, a final report on the study by not later than December 31, 2010. The final report shall include such recommendations for legislative or administrative action as the Institute considers appropriate in light of the results of the study.CommentsClose CommentsPermalink
(d) Funding- The Secretary shall provide the Institute of Medicine with such funds as are necessary to ensure the timely completion of the study required under subsection (a).CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `appropriate committees of Congress' means--CommentsClose CommentsPermalink
(A) the Committee on Veterans' Affairs of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Veterans' Affairs of the House of Representatives.CommentsClose CommentsPermalink
(2) The term `Persian Gulf War' has the meaning given that term in
(3) The term `Post 9/11 Global Operations theaters' means Afghanistan, Iraq, or any other theater in which the Global War on Terrorism Expeditionary Medal is awarded for service.CommentsClose CommentsPermalink
SEC. 807. COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND INDEMNITY COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE-CONNECTED DISABILITIES.
(a) Report Required- 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 Committees on Veterans' Affairs and Appropriations of the Senate and the Committees on Veterans' Affairs and Appropriations of the House of Representatives 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 replacing the deceased veteran's income.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) a description of the current system for the payment of dependency and indemnity compensation to surviving spouses and dependents described in subsection (a), including a statement of the rates of such compensation so payable;CommentsClose CommentsPermalink
(2) an assessment of the adequacy of such payments in replacing the deceased veteran's income; andCommentsClose CommentsPermalink
(3) such recommendations as the Comptroller General considers appropriate in order to improve or enhance the effects of such payments in replacing the deceased veteran's income.CommentsClose CommentsPermalink
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