S 2984 ISCommentsClose CommentsPermalink

To amend title 38, United States Code, to expand and enhance veterans' benefits, and for other purposes.CommentsClose CommentsPermalink

May 6, 2008

Mr. AKAKA (by request) 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 expand and enhance veterans' benefits, 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. References to title 38, United States Code.CommentsClose CommentsPermalink

TITLE I--EDUCATION MATTERS

Sec. 101. Elimination of reporting requirement for prior training.CommentsClose CommentsPermalink





Sec. 102. Modification of waiting period before affirmation of enrollment in a correspondence course.CommentsClose CommentsPermalink





Sec. 103. Elimination of change-of-program application.CommentsClose CommentsPermalink





Sec. 104. Elimination of wage earning requirement for self-employment on-job training.CommentsClose CommentsPermalink

TITLE II--OTHER BENEFITS MATTERS

Sec. 201. Staying of claims.CommentsClose CommentsPermalink





Sec. 202. Management of Board of Veterans' Appeals Docket.CommentsClose CommentsPermalink





Sec. 203. Authorization of memorial headstones and markers for deceased remarried surviving spouses of veterans.CommentsClose CommentsPermalink





Sec. 204. Permanent authority for VA to fund contract medical disability examinations.CommentsClose CommentsPermalink





Sec. 205. Modification of servicemembers' group life insurance coverage.CommentsClose CommentsPermalink





Sec. 206. Permit VA to provide Temporary Residence Assistance Grants to certain active duty servicemembers.CommentsClose CommentsPermalink





Sec. 207. Designation of VA Office of Small Business Programs.CommentsClose CommentsPermalink

TITLE III--HEALTH CARE MATTERS

Sec. 301. Noninstitutional extended care services.CommentsClose CommentsPermalink





Sec. 302. Extensions of certain authorities.CommentsClose CommentsPermalink





Sec. 303. Permanent authority for veterans who participated in certain chemical and biological testing conducted by the Department of Defense.CommentsClose CommentsPermalink





Sec. 304. Repeal of certain annual reporting requirements.CommentsClose CommentsPermalink





Sec. 305. Amendments to annual Gulf War research report.CommentsClose CommentsPermalink





Sec. 306. Payment for care furnished to CHAMPVA beneficiaries.CommentsClose CommentsPermalink





Sec. 307. Payor provisions for care furnished to certain children of Vietnam veterans.CommentsClose CommentsPermalink





Sec. 308. Disclosures from certain medical records.CommentsClose CommentsPermalink





Sec. 309. Provision of health-plan contract information and Social Security number.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Expansion of authority for Department of Veterans Affairs police officers.CommentsClose CommentsPermalink





Sec. 402. Uniform allowance for Department of Veterans Affairs police officers.CommentsClose CommentsPermalink





Sec. 403. Increase in threshold for major medical facility leases requiring Congressional approval.CommentsClose CommentsPermalink

SEC. 2. REFERENCES 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 or repeal to 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--EDUCATION MATTERS

SEC. 101. ELIMINATION OF REPORTING REQUIREMENT FOR PRIOR TRAINING.

Section 3676(c)(4) is amended by striking `and the Secretary'.CommentsClose CommentsPermalink

SEC. 102. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF ENROLLMENT IN A CORRESPONDENCE COURSE.

Section 3686(b) is amended by striking `ten' and inserting `five'.CommentsClose CommentsPermalink

SEC. 103. ELIMINATION OF CHANGE-OF-PROGRAM APPLICATION.

Section 3691(d) is amended--CommentsClose CommentsPermalink





(1) by inserting `(1)' following `another program if--';CommentsClose CommentsPermalink





(2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D);CommentsClose CommentsPermalink





(3) at the end of subparagraph (C), as redesignated by paragraph (2) of this section, by striking `or'; andCommentsClose CommentsPermalink





(4) by striking the period and inserting `; orCommentsClose CommentsPermalink





`(2) the change from one program to another is at the same educational institution and that educational institution finds that the new program is suitable to the veteran's or person's aptitudes, interests, and abilities as shall be evidenced by its certification to the Secretary of such veteran's or person's enrollment in the new program.CommentsClose CommentsPermalink





In the case of a change of program described in paragraph (2), the veteran or person will not be required to apply to the Secretary for approval of such change.'.CommentsClose CommentsPermalink

SEC. 104. ELIMINATION OF WAGE EARNING REQUIREMENT FOR SELF-EMPLOYMENT ON-JOB TRAINING.

Section 3677(b) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(3) The requirement for certification under paragraph (1) shall not apply to training described in section 3452(e)(2).'.CommentsClose CommentsPermalink

TITLE II--OTHER BENEFITS MATTERS

SEC. 201. STAYING OF CLAIMS.

(a) In General- Chapter 5 is amended by inserting before section 502 the following new section:CommentsClose CommentsPermalink

`Sec. 501A. Staying of claims

`(a) Notwithstanding any other provision of this title, the Secretary may temporarily stay the adjudication of a claim or claims before the Board of Veterans' Appeals or an agency of original jurisdiction when the Secretary determines that the stay is necessary to preserve the integrity of a program administered under this title.CommentsClose CommentsPermalink





`(b) The Secretary shall issue regulations describing the factors the Secretary will consider in determining whether and to what extent a stay is warranted.CommentsClose CommentsPermalink





`(c) A claimant or claimants may petition for review of an action under a regulation prescribed in accordance with this section. Such review may be sought only in the United States Court of Appeals for the Federal Circuit, which may set aside such action if it determines that the action is arbitrary and capricious.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 501 the following new item: `501A. Staying of claims.'.CommentsClose CommentsPermalink





(c) Effective Date- The provisions of section 501A, as added by subsection (a) of this section, shall apply to--CommentsClose CommentsPermalink





(1) any claim for benefits under any law administered by the Secretary of Veterans Affairs that is received by the Department of Veterans Affairs on or after the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) any claim for such benefits that was received by the Department of Veterans Affairs before the date of enactment of this Act but is not finally adjudicated by the Department as of that date.CommentsClose CommentsPermalink

SEC. 202. MANAGEMENT OF BOARD OF VETERANS' APPEALS DOCKET.

(a) In General- Section 7107(a)(1) is amended by inserting before the period at the end the following: `, but the Board may consider and decide a particular case before another case with an earlier docket number if the earlier case has been stayed, or if a decision on the earlier case has been delayed for any reason and the later case is fully developed and ready for decision'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) of this section shall apply to--CommentsClose CommentsPermalink





(1) any claim for benefits under a law administered by the Secretary of Veterans Affairs that is received by the Department of Veterans Affairs on or after the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) any claim for such benefits that was received by the Department of Veterans Affairs before the date of enactment of this Act but is not finally adjudicated by the Department as of that date.CommentsClose CommentsPermalink

SEC. 203. AUTHORIZATION OF MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED SURVIVING SPOUSES OF VETERANS.

(a) In General- Section 2306(b)(4)(B) is amended by striking `an unremarried surviving spouse whose subsequent remarriage was terminated by death or divorce' and inserting `a surviving spouse who had a subsequent remarriage'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to deaths occurring on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 204. PERMANENT AUTHORITY FOR VA TO FUND CONTRACT MEDICAL DISABILITY EXAMINATIONS.

(a) Repeal of Expiration of Authority To Fund Contract Medical Examinations Using Appropriated Funds- Section 704 of the Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2651; 38 U.S.C. 5101 note), is amended--CommentsClose CommentsPermalink





(1) by striking subsection (c);CommentsClose CommentsPermalink





(2) by redesignating subsection (d) as subsection (c); andCommentsClose CommentsPermalink





(3) by striking `temporary' from the heading of section 704.CommentsClose CommentsPermalink

SEC. 205. 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- Subparagraph (C) of section 1967(a)(1) 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 AMENDMENTS-CommentsClose CommentsPermalink





(A) Subparagraph (C) of section 1967(a)(5) is amended by striking `section 1965(5)(B) of this title' and inserting `subparagraph (B) or (C) of section 1965(5) of this title'; andCommentsClose CommentsPermalink





(B) Subparagraph (B) of section 1969(g)(1) 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 Dependents' Coverage After Member Separates- Section 1968(a)(5)(B)(ii) is amended by striking `120 days after'.CommentsClose CommentsPermalink





(c) Authority To Set Premiums for Ready Reservists' Spouses- Section 1969(g)(1)(B) is amended by striking `(which shall be the same for all such members)'.CommentsClose CommentsPermalink





(d) Forfeiture of Veterans' Group Life Insurance- Section 1973 is amended by striking `under this subchapter' and inserting `and Veterans' Group Life Insurance under this subchapter'.CommentsClose CommentsPermalink





(e) Effective and Applicability Dates-CommentsClose CommentsPermalink





(1) The amendments made by subsection (a) of this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(2) The amendment made by subsection (b) of this section shall apply with respect to Servicemembers' Group Life Insurance coverage for an insurable dependent of a member, as defined in section 1965(10) of title 38, United States Code, that begins on or after the date of enactment of this Act.CommentsClose CommentsPermalink





(3) The amendment made by subsection (c) of this section shall take effect as if enacted on June 5, 2001, immediately after the enactment of the Veterans' Survivor Benefits Improvements Act of 2001 (Public Law 107-14; 115 Stat. 25).CommentsClose CommentsPermalink





(4) The amendment made by subsection (d) of this section shall apply with respect to any act of mutiny, treason, spying, or desertion committed on or after the date of enactment of this Act for which a person is found guilty, or with respect to refusal because of conscientious objections to perform service in, or to wear the uniform of, the United States Armed Forces on or after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 206. PERMIT VA TO PROVIDE TEMPORARY RESIDENCE ASSISTANCE GRANTS TO CERTAIN ACTIVE DUTY SERVICEMEMBERS.

Section 2101(c) is amended to read as follows:CommentsClose CommentsPermalink





`(c) 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 described in this section if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent, and subject to the same limitations, as assistance is provided to veterans under this chapter.'.CommentsClose CommentsPermalink

SEC. 207. DESIGNATION OF VA OFFICE OF SMALL BUSINESS PROGRAMS.

The Office of Small Business Programs of the Department of Veterans Affairs is the office that is established within the Office of the Secretary of Veterans Affairs under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.CommentsClose CommentsPermalink

TITLE III--HEALTH CARE MATTERS

SEC. 301. NONINSTITUTIONAL EXTENDED CARE SERVICES.

(a) Section 1701(10) is repealed.CommentsClose CommentsPermalink





(b) Section 1701(6) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (E) and (F) as (F) and (G), respectively; andCommentsClose CommentsPermalink





(2) by adding the following new subparagraph (E):CommentsClose CommentsPermalink





`(E) Noninstitutional extended care services, including alternatives to institutional extended care which the Secretary may furnish (i) directly, (ii) by contract, or (iii) (through provision of case management) by another provider or payor.'.CommentsClose CommentsPermalink

SEC. 302. EXTENSIONS OF CERTAIN AUTHORITIES.

(a) Nursing Home Care- Subsection (c) of section 1710A is amended by striking `December 31, 2008' and inserting `December 31, 2013'.CommentsClose CommentsPermalink





(b) Research Corporations- Section 7368 is amended by striking `December 31, 2008' and inserting `December 31, 2013'.CommentsClose CommentsPermalink





(c) Recovery Audits- Section 1703(d) is amended in paragraph (4) by striking `September 30, 2008' and inserting `September 30, 2013'.CommentsClose CommentsPermalink

SEC. 303. PERMANENT AUTHORITY FOR VETERANS WHO PARTICIPATED IN CERTAIN CHEMICAL AND BIOLOGICAL TESTING CONDUCTED BY THE DEPARTMENT OF DEFENSE.

Subsection (e) of section 1710 is amended by striking paragraph (3)(D).CommentsClose CommentsPermalink

SEC. 304. REPEAL OF CERTAIN ANNUAL REPORTING REQUIREMENTS.

(a) Nurse Pay Report- Section 7451 is amended by--CommentsClose CommentsPermalink





(1) striking subsection (f); andCommentsClose CommentsPermalink





(2) redesignating subsection (g) as subsection (f).CommentsClose CommentsPermalink





(b) Long-Term Planning Report- Section 8107 is repealed.CommentsClose CommentsPermalink

SEC. 305. AMENDMENTS TO ANNUAL GULF WAR RESEARCH REPORT.

Section 707 of the Persian Gulf War Veterans' Health Status Act (title VII of Public Law 102-585; 106 Stat. 4943; 38 U.S.C. 527 note) is amended in subsection (c)(1), by striking `Not later than March 1 of each year' and inserting `Not later than July 1, 2008, and July 1 of each of the five following years'.CommentsClose CommentsPermalink

SEC. 306. PAYMENT FOR CARE FURNISHED TO CHAMPVA BENEFICIARIES.

Section 1781 is amended at the end by adding the following new subsection:CommentsClose CommentsPermalink





`(e) Payment by the Secretary under this section on behalf of a covered beneficiary for medical care shall constitute payment in full and extinguish any liability on the part of the beneficiary for that care.'.CommentsClose CommentsPermalink

SEC. 307. PAYOR PROVISIONS FOR CARE FURNISHED TO CERTAIN CHILDREN OF VIETNAM VETERANS.

(a) Children of Vietnam Veterans Born With Spina Bifida- Section 1803 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as (d); andCommentsClose CommentsPermalink





(2) by inserting new subsection (c) as follows:CommentsClose CommentsPermalink





`(c) Where payment by the Secretary under this section is less than the amount of the charges billed, the health care provider or agent of the health care provider may seek payment for the difference between the amount billed and the amount paid by the Secretary from a responsible third party to the extent that the provider or agent thereof would be eligible to receive payment for such care or services from such third party, but--CommentsClose CommentsPermalink





`(1) the health care provider or agent for the health care provider may not impose any additional charge on the beneficiary who received the medical care, or the family of such beneficiary, for any service or item for which the Secretary has made payment under this section;CommentsClose CommentsPermalink





`(2) the total amount of payment a provider or agent of the provider may receive for care and services furnished under this section may not exceed the amount billed to the Secretary; andCommentsClose CommentsPermalink





`(3) the Secretary, upon request, shall disclose to such third party information received for the purposes of carrying out this section.'.CommentsClose CommentsPermalink





(b) Children of Women Vietnam Veterans Born With Birth Defects- Section 1813 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting new subsection (c) as follows:CommentsClose CommentsPermalink





`(c) Where payment by the Secretary under this section is less than the amount of the charges billed, the health care provider or agent of the health care provider may seek payment for the difference between the amount billed and the amount paid by the Secretary from a responsible third party to the extent that the health care provider or agent thereof would be eligible to receive payment for such care or services from such third party, but--CommentsClose CommentsPermalink





`(1) the health care provider or agent for the health care provider may not impose any additional charge on the beneficiary who received medical care, or the family of such beneficiary, for any service or item for which the Secretary has made payment under this section;CommentsClose CommentsPermalink





`(2) the total amount of payment a provider or agent of the provider may receive for care and services furnished under this section may not exceed the amount billed to the Secretary; andCommentsClose CommentsPermalink





`(3) the Secretary, upon request, shall disclose to such third party information received for the purposes of carrying out this section.'.CommentsClose CommentsPermalink

SEC. 308. DISCLOSURES FROM CERTAIN MEDICAL RECORDS.

Section 7332(b)(2) of such title is amended by adding at the end thereof the following new subparagraph:CommentsClose CommentsPermalink





`(F)(i) To a representative of a patient who lacks decision-making capacity, when a practitioner deems the content of the given record necessary for that representative to make an informed decision regarding the patient's treatment.CommentsClose CommentsPermalink





`(ii) In this subparagraph, the term `representative' means an individual, organization or other body authorized under section 7331 of this title and its implementing regulations to give informed consent on behalf of a patient who lacks decision-making capacity.'.CommentsClose CommentsPermalink

SEC. 309. PROVISION OF HEALTH-PLAN CONTRACT INFORMATION AND SOCIAL SECURITY NUMBER.

Subchapter I of chapter 17 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 1709. Provision of health-plan contract information and Social Security number

`(a) Any individual who applies for or is in receipt of any hospital, nursing home, or domiciliary care; medical, rehabilitative, or preventive health services; or other medical care under laws administered by the Secretary shall, at the time of such application, or otherwise when requested by the Secretary, furnish the Secretary with such current information as the Secretary may require to identify any health-plan contract, as defined in section 1729(i)(1) of this title, under which such individual is covered, to include, as applicable, the name, address, and telephone number of such health-plan contract; the name of the individual's spouse, if the individual's coverage is under the spouse's health-plan contract; the plan number, and the plan's group code.CommentsClose CommentsPermalink





`(b) Any individual who applies for or is in receipt of any hospital, nursing home, or domiciliary care; medical, rehabilitative, or preventive health services; or other medical care and services under laws administered by the Secretary shall, at the time of such application, or otherwise when requested by the Secretary, furnish the Secretary with the individual's Social Security number and the Social Security number of any dependent or Department of Veterans Affairs' beneficiary on whose behalf, or based upon whom, such individual applies for or is in receipt of such benefit. This subsection does not require an individual to furnish the Secretary with a Social Security number for any individual to whom a Social Security number has not been assigned.CommentsClose CommentsPermalink





`(c) The Secretary shall deny the individual's application for, or may terminate the individual's enrollment in, the system of patient enrollment established by the Secretary under section 1705 of this title, if the individual does not provide the Social Security number required or requested to be furnished pursuant to subsection (b) of this section. The Secretary, following such denial or termination, may, upon receipt of the information required or requested under subsection (b), approve the individual's application or reinstate the individual's enrollment (if otherwise in order), for such medical care and services provided on and after the date of such receipt of information.CommentsClose CommentsPermalink





`(d) Nothing in this section shall be construed as authority to deny medical care and treatment to an individual in a medical emergency.'; andCommentsClose CommentsPermalink





(2) by amending the table of sections for such subchapter by adding at the end thereof the following new item: `Sec. 1709. Provision of health-plan contract information and Social Security number.'.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS AFFAIRS POLICE OFFICERS.

Section 902 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





`(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property--CommentsClose CommentsPermalink





`(A) enforce Federal laws;CommentsClose CommentsPermalink





`(B) enforce the rules prescribed under section 901 of this title;CommentsClose CommentsPermalink





`(C) enforce traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by issuance of a citation for violation of such law;CommentsClose CommentsPermalink





`(D) carry the appropriate VA-issued weapons, including firearms, while off Department property in an official capacity or while in an official travel status;CommentsClose CommentsPermalink





`(E) conduct investigations, on and off Department property, of offenses that may have been committed on property under the original jurisdiction of VA, consistent with agreements or other consultation with affected local, State, or Federal law enforcement agencies; andCommentsClose CommentsPermalink





`(F) carry out, as needed and appropriate, the duties described in subparagraphs (A)-(E) of this subsection when engaged in duties authorized by other Federal statutes.'; andCommentsClose CommentsPermalink





(B) by striking paragraph (2) and renumbering paragraph (3) as paragraph (2) and adding `, and on any arrest warrant issued by competent judicial authority' before the period; andCommentsClose CommentsPermalink





(2) by amending subsection (c) to read:CommentsClose CommentsPermalink





`(c) The powers granted to Department police officers designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.'.CommentsClose CommentsPermalink

SEC. 402. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS AFFAIRS POLICE OFFICERS.

Section 903 is amended--CommentsClose CommentsPermalink





(1) by striking the matter in subsection (b) and inserting:CommentsClose CommentsPermalink





`(b) The amount of the allowance that the Secretary may pay under this section will be the lesser of--CommentsClose CommentsPermalink





`(1) the amount currently allowed as prescribed by the Office of Personnel Management; orCommentsClose CommentsPermalink





`(2) estimated costs or actual costs as determined by periodic surveys conducted by the Department.CommentsClose CommentsPermalink





During any fiscal year no officer will receive more than the amount established under this subsection.'; andCommentsClose CommentsPermalink





(2) by striking the matter in subsection (c) and inserting:CommentsClose CommentsPermalink





`(c) The allowance established under subsection (b) shall be paid at the beginning of a Department police officer's employment for those appointed on or after October 1, 2008. In the case of any other Department police officer, an allowance in the amount established under subsection (b) shall be paid upon the request of the officer.'.CommentsClose CommentsPermalink

SEC. 403. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY LEASES REQUIRING CONGRESSIONAL APPROVAL.

Section 8104(a)(3)(B) is amended by striking `$600,000' and inserting `$1,000,000'.CommentsClose CommentsPermalink