S.Amdt. 4565Senate110th Congress (2007-2009)

S.Amdt. 4565

What it does: Rewrites section 701
Submitted April 22, 2008

What it changes

1 change to S. 1315 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 701

    Replaces

    In S. 1315 · Reported to Senate

    SEC. 701. [struck: SUPPLEMENTAL BENEFITS FOR VETERANS FOR ]FUNERAL AND BURIAL EXPENSES.

    Struck: (a) Funeral Expenses.--

    Struck: (1) In general.--Chapter 23 is amended by inserting after section 2302 the following new section:

    Struck: "Sec. 2302A. Funeral expenses: supplemental benefits

    Struck: "(a) In General.--(1) Subject to the availability of funds specifically provided for purposes of this subsection in advance in an appropriations Act, whenever the Secretary makes a payment for the burial and funeral of a veteran under section 2302(a) of this title, the Secretary is also authorized and directed to pay the recipient of such payment a supplemental payment under this section for the cost of such burial and funeral.

    Show 20 more struck paragraphs

    Struck: "(2) No supplemental payment shall be made under this subsection if the Secretary has expended all funds that were specifically provided for purposes of this subsection in an appropriations Act.

    Struck: "(b) Amount.--The amount of the supplemental payment required by subsection (a) for any death is $900 (as adjusted from time to time under subsection (c)).

    Struck: "(c) Adjustment.--With respect to deaths that occur in any fiscal year after fiscal year 2008, the supplemental payment described in subsection (b) shall be equal to the sum of--

    Struck: "(1) the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus "(2) the sum of the amount described in section 2302(a) of this title and the amount under paragraph (1), multiplied by the percentage by which--

    Struck: "(A) 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, exceeds "(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).

    Struck: "(d) Estimates.--(1) From time to time, the Secretary shall make an estimate of--

    Struck: "(A) the amount of funding that would be necessary to provide supplemental payments under this section to all eligible recipients for the remainder of the fiscal year in which such an estimate is made; and

    Struck: "(B) the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.

    Struck: "(2) On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).

    Struck: "(3) The dates described in this paragraph are the following:

    Struck: "(A) April 1 of each year.

    Struck: "(B) July 1 of each year.

    Struck: "(C) September 1 of each year.

    Struck: "(D) The date that is 60 days before the date estimated by the Secretary on which amounts appropriated for the purposes of this section for a fiscal year will be exhausted.

    Struck: "(e) Appropriate Committees of Congress Defined.--In this section, the term 'appropriate committees of Congress' means--

    Struck: "(1) the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and

    Struck: "(2) the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.".

    Struck: (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 2302 the following new item:

    Struck: "2302A. Funeral expenses: supplemental benefits.".

    Struck: (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out the provisions of section 2302A of title 38, United States Code (as added by this subsection).

    ([struck: b][inserted: a]) [struck: Death][inserted: Deaths] From Service-Connected Disability.--[inserted: Section 2307 is amended--]

    Struck: (1) In general.--Chapter 23 is amended by inserting after section 2307 the following new section:

    Struck: "Sec. 2307A. Death from service-connected disability: supplemental benefits for burial and funeral expenses

    Struck: "(a) In General.--(1) Subject to the availability of funds specifically provided for purposes of this subsection in advance in an appropriations Act, whenever the Secretary makes a payment for the burial and funeral of a veteran under section 2307(1) of this title, the Secretary is also authorized and directed to pay the recipient of such payment a supplemental payment under this section for the cost of such burial and funeral.

    Struck: "(2) No supplemental payment shall be made under this subsection if the Secretary has expended all funds that were specifically provided for purposes of this subsection in an appropriations Act.

    Inserted: (1) by inserting "(a) Funeral and Burial Expenses.--" before "In any case";

    [struck: "]([struck: b][inserted: 2]) [struck: Amount.--The amount ][inserted: in paragraph (1) ]of [struck: the supplemental payment required][inserted: subsection (a), as designated] by [struck: subsection][inserted: paragraph] ([struck: a][inserted: 1]) [struck: for any death is $2,100 ][inserted: of this subsection, by striking "$2,000" and inserting "$4,100 ](as adjusted from time to time under subsection ([struck: c][inserted: b]))[struck: .][inserted: "; and]

    Struck: "(c) Adjustment.--With respect to deaths that occur in any fiscal year after fiscal year 2008, the supplemental payment described in subsection (b) shall be equal to the sum of--

    Struck: "(1) the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus "(2) the sum of the amount described in section 2307(1) of this title and the amount under paragraph (1), multiplied by the percentage by which--

    Struck: "(A) 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, exceeds "(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).

    Struck: "(d) Estimates.--(1) From time to time, the Secretary shall make an estimate of--

    Show 15 more struck paragraphs

    Struck: "(A) the amount of funding that would be necessary to provide supplemental payments under this section to all eligible recipients for the remainder of the fiscal year in which such an estimate is made; and

    Struck: "(B) the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.

    Struck: "(2) On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).

    Struck: "(3) The dates described in this paragraph are the following:

    Struck: "(A) April 1 of each year.

    Struck: "(B) July 1 of each year.

    Struck: "(C) September 1 of each year.

    Struck: "(D) The date that is 60 days before the date estimated by the Secretary on which amounts appropriated for the purposes of this section for a fiscal year will be exhausted.

    Struck: "(e) Appropriate Committees of Congress Defined.--In this section, the term 'appropriate committees of Congress' means--

    Struck: "(1) the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and

    Struck: "(2) the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.".

    Struck: (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 2307 the following new item:

    Struck: "2307A. Death from service-connected disability: supplemental benefits for burial and funeral expenses.".

    Struck: (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out the provisions of section 2307A of title 38, United States Code (as added by this subsection).

    Struck: (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to deaths occurring on or after that date.

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

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

    Inserted: "(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, exceeds

    Inserted: "(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).".

    Inserted: (b) Effective Date.--

    Inserted: (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths occurring on or after that date.

    Inserted: (2) No cola adjustment for fiscal year 2009.--The percentage increase required by subsection (b) of section 2307 of title 38, United States Code (as added by subsection (a) of this section), for fiscal year 2009 shall not be made.

    Original wording

    Strike section 701 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4565. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 1315, to amend title 38, United States Code, to enhance life insurance benefits for disabled veterans, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 701 and insert the following:

SEC. 701. FUNERAL AND BURIAL EXPENSES.

(a) Deaths From Service-Connected Disability.--Section 2307 is amended--

(1) by inserting “(a) Funeral and Burial Expenses.--” before “In any case”;

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

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

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

“(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, exceeds

“(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).”.

(b) Effective Date.--

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

(2) No cola adjustment for fiscal year 2009.--The percentage increase required by subsection (b) of section 2307 of title 38, United States Code (as added by subsection (a) of this section), for fiscal year 2009 shall not be made.

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Senate amendment submitted

April 22, 2008