II
110th CONGRESS
2d Session
S. 2640
IN THE SENATE OF THE UNITED STATES
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' Affairs
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.
Short title; table of contents
Short title
This Act may be cited as the Veterans' Benefits Enhancement Act of
2008
.
Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I—INSURANCE MATTERS
Sec. 101. Level-premium term life insurance for veterans with service-connected disabilities.
Sec. 102. Administrative costs of service disabled veterans' insurance.
Sec. 103. Modification of servicemembers' group life insurance coverage.
Sec. 104. Supplemental insurance for totally disabled veterans.
Sec. 105. Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers' Group Life Insurance.
Sec. 106. Consideration of loss dominant hand in prescription of schedule of severity of traumatic injury under Servicemembers' Group Life Insurance.
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.
Sec. 108. Enhancement of veterans' mortgage life insurance.
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.
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.
Sec. 203. Specially adapted housing assistance for individuals with severe burn injuries.
Sec. 204. Extension of assistance for individuals residing temporarily in housing owned by a family member.
Sec. 205. Increase in specially adapted housing benefits for disabled veterans.
Sec. 206. Report on specially adapted housing for disabled individuals.
Sec. 207. Report on specially adapted housing assistance for individuals who reside in housing owned by a family member on permanent basis.
TITLE III—LABOR AND EDUCATION MATTERS
Sec. 301. Coordination of approval activities in the administration of education benefits.
Sec. 302. Enhanced authority for reimbursement of State approving agencies for expenses.
Sec. 303. Waiver of residency requirement for Directors for Veterans' Employment and Training.
Sec. 304. Modification of special unemployment study to cover veterans of Post 9/11 Global Operations.
Sec. 305. Extension of increase in benefit for individuals pursuing apprenticeship or on-job training.
Sec. 306. Increase in supplemental educational assistance for members of the Selected Reserve with certain skills or specialties.
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.
Sec. 402. Eligibility of children of certain Philippine veterans for educational assistance.
TITLE V—COURT MATTERS
Sec. 501. Recall of retired judges of the United States Court of Appeals for Veterans Claims.
Sec. 502. Additional discretion in imposition of practice and registration fees.
Sec. 503. Annual reports on workload of United States Court of Appeals for Veterans Claims.
Sec. 504. Report on expansion of facilities for United States Court of Appeals for Veterans Claims.
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.
Sec. 602. Cost-of-living increase for temporary dependency and indemnity compensation payable for surviving spouses with dependent children under the age of 18.
Sec. 603. Clarification of eligibility of veterans 65 years of age or older for service pension for a period of war.
TITLE VII—BURIAL AND MEMORIAL MATTERS
Sec. 701. Annual adjustment of amounts for burial benefits.
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.
Sec. 802. Increase in assistance for providing automobiles or other conveyances to certain disabled veterans.
Sec. 803. Clarification of purpose of the outreach services program of the Department of Veterans Affairs.
Sec. 804. Termination or suspension of contracts for cellular telephone service for servicemembers undergoing deployment outside the United States.
Sec. 805. Maintenance, management, and availability for research of assets of Air Force Health Study.
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.
Sec. 807. Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities.
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.
INSURANCE MATTERS
Level-premium term life insurance for veterans with service-connected disabilities
In general
Chapter 19 is amended by inserting after section 1922A the following new section:
Level-premium term life insurance for veterans with service-connected disabilities
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.
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.
Amount of insurance
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.
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.
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.
Premiums
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.
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.
The Secretary may not charge a premium for insurance under this section for a veteran as follows:
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.
A veteran who is 70 years of age or older.
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.
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.
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—
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; and
the end of the 10-year period beginning on the date of the separation of the veteran from the Armed Forces, whichever is earlier.
.
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:
1922B. Level-premium term life insurance for veterans with service-connected disabilities.
.
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 section 1922 of title 38, United States Code, who is eligible for insurance under section 1922B of such title (as added by subsection (a)), may exchange insurance coverage under such section 1922 for insurance coverage under such section 1922B.
Effective date
This section, and the amendments made by this section, shall take effect on June 1, 2008.
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
.
Modification of servicemembers' group life insurance coverage
Expansion of servicemembers' group life insurance To include certain members of Individual Ready Reserve
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
.
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
.
Reduction in period of coverage for dependents after member separates
Section 1968(a)(5)(B)(ii) is amended by striking
120 days after
.
Supplemental insurance for totally disabled veterans
In general
Section 1922A(a) is
amended by striking $20,000
and inserting
$30,000
.
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2008.
Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers' Group Life Insurance
In general
Paragraph (1) of
section 501(b) of the Veterans' Housing Opportunity and Benefits Improvement
Act of 2006 (Public Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A note) is
amended by striking , if, as determined by the Secretary concerned, that
loss was a direct result of a traumatic injury incurred in the theater of
operations for Operation Enduring Freedom or Operation Iraqi
Freedom
.
Conforming amendment
The heading of such section is amended by striking
in Operation Enduring
Freedom and Operation Iraqi Freedom
.
Effective date
The amendments made by this section shall take effect on January 1, 2008.
Consideration of loss of dominant hand in prescription of schedule of severity of traumatic injury under Servicemembers' Group Life Insurance
In general
Section 1980A(d) is amended—
by striking Payments under
and inserting (1) Payments under
; and
by adding at the end the following new paragraph:
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.
.
Payments for qualifying losses incurred before date of enactment
In general
The Secretary of Veterans Affairs shall prescribe in regulations mechanisms for payments under section 1980A of title 38, United States Code, for qualifying losses incurred before the date of the enactment of this Act by reason of the requirements of paragraph (2) of subsection (d) of such section (as amended by subsection (a)(2) of this section).
Qualifying loss defined
In this subsection, the term qualifying loss means—
a loss specified in the second sentence of subsection (b)(1) of section 1980A of title 38, United States Code; and
any other loss specified by the Secretary of Veterans Affairs pursuant to the first sentence of that subsection.
Designation of fiduciary for traumatic injury protection coverage under Servicemembers' Group Life Insurance in case of lost mental capacity or extended loss of consciousness
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 section 1980A of title 38, United States Code, as the fiduciary of a member of the Armed Forces in cases where the member is mentally incapacitated (as determined by the Secretary of Defense in consultation with the Secretary of Veterans Affairs) or experiencing an extended loss of consciousness.
Elements
The form under subsection (a) shall require that a member may elect that—
an individual designated by the member be the recipient as the fiduciary of the member; or
a court of proper jurisdiction determine the recipient as the fiduciary of the member for purposes of this subsection.
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.
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,
.
HOUSING MATTERS
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:
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.
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.
.
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
Eligibility
Chapter 21 is amended by inserting after section 2101 the following new section:
Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States
Members with service-connected disabilities
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.
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.
Benefits and assistance for individuals residing outside the United States
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.
The Secretary may provide benefits and assistance to an individual under paragraph (1) only if—
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; and
the individual has or will acquire a beneficial property interest (as so determined) in such housing or residence.
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.
.
Conforming amendments
Repeal of superseded authority
Section 2101 is amended—
by striking subsection (c); and
by redesignating subsection (d) as subsection (c).
Limitations on assistance
Section 2102 is amended—
in subsection (a)—
by
striking veteran
each place it appears and inserting
individual
; and
in
paragraph (3), by striking veteran's
and inserting
individual's
;
in subsection
(b)(1), by striking a veteran
and inserting an
individual
;
in subsection (c)—
by
striking a veteran
and inserting an individual
;
and
by
striking the veteran
each place it appears and inserting
the individual
; and
in subsection
(d), by striking a veteran
each place it appears and inserting
an individual
.
Assistance for individuals temporarily residing in housing of family member
Section 2102A is amended—
by striking
veteran
each place it appears (other than in subsection (b)) and
inserting individual
;
in subsection
(a), by striking veteran's
each place it appears and inserting
individual's
; and
in subsection
(b), by striking a veteran
each place it appears and inserting
an individual
.
Furnishing of plans and specifications
Section 2103 is amended by striking
veterans
both places it appears and inserting
individuals
.
Construction of benefits
Section 2104 is amended—
in subsection
(a), by striking veteran
each place it appears and inserting
individual
; and
in subsection (b)—
in
the first sentence, by striking A veteran
and inserting
An individual
;
in
the second sentence, by striking a veteran
and inserting
an individual
; and
by striking
such veteran
each place it appears and inserting such
individual
.
Veterans' mortgage life insurance
Section 2106 is amended—
in subsection (a)—
by
striking any eligible veteran
and inserting any eligible
individual
; and
by
striking the veterans'
and inserting the
individual's
;
in subsection
(b), by striking an eligible veteran
and inserting an
eligible individual
;
in subsection
(e), by striking an eligible veteran
and inserting an
individual
;
in subsection
(h), by striking each veteran
and inserting each
individual
;
in subsection
(i), by striking the veteran's
each place it appears and
inserting the individual's
;
by striking
the veteran
each place it appears and inserting the
individual
; and
by striking a veteran
each
place it appears and inserting an individual
.
Heading amendments
The heading of section 2101 is amended to read as follows:
Acquisition and adaptation of housing: eligible veterans
.
The heading of section 2102A is amended to read as follows:
Assistance for individuals residing temporarily in housing owned by a family member
.
Clerical amendments
The table of sections at the beginning of chapter 21 is amended—
by striking the item relating to section 2101 and inserting the following new item:
;
by inserting after the item relating to section 2101, as so amended, the following new item:
;
by striking the item relating to section 2102A and inserting the following new item:
.
Specially adapted housing assistance for individuals with severe burn injuries
Section 2101 is amended—
in subsection (a)(2), by adding at the end the following new subparagraph:
The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).
; and
in subsection (b)(2)—
by striking
either
and inserting any
; and
by adding at the end the following new subparagraph:
The disability is due to a severe burn injury (as so determined).
.
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
.
Increase in specially adapted housing benefits for disabled veterans
In general
Section 2102 is amended—
in subsection
(b)(2), by striking $10,000
and inserting
$11,000
;
in subsection (d)—
in paragraph (1),
by striking $50,000
and inserting $55,000
;
and
in paragraph (2),
by striking $10,000
and inserting $11,000
;
and
by adding at the end the following new subsection:
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.
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—
the residential home cost-of-construction index for the preceding calendar year, exceeds
the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).
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.
.
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 section 2102 of title 38, United States Code, on or after that date.
Report on specially adapted housing for disabled individuals
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—
suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor;
such adaptations to their residences as are reasonably necessary because of their disabilities; and
residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities.
Focus on particular disabilities
The report required by subsection (a) shall set forth a specific assessment of the needs of—
veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code; and
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.
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 section 2102A of title 38, United States Code, to veterans described in subsection (a) of such section, and to members of the Armed Forces covered by such section 2102A by reason of section 2101A of title 38, United States Code (as added by section 202(a) of this Act), who reside with family members on a permanent basis.
LABOR AND EDUCATION MATTERS
Coordination of approval activities in the administration of education benefits
Coordination
In general
Section 3673 is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (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.
.
Conforming and clerical amendments
The heading of such section is amended to read as follows:
Approval activities: cooperation and coordination of activities
.
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:
.
Stylistic amendments
Such section is further amended—
in subsection
(a), by inserting Cooperation in activities.—
after
(a)
; and
in subsection
(c), as redesignated by paragraph (1)(A) of this subsection, by inserting
Availability of
information material.—
after
(c)
.
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:
The actions taken to establish outcome-oriented performance standards for State approving agencies created or designated under section 3671 of title 38, United States Code, including a description of any plans for, and the status of the implementation of, such standards as part of the evaluations of State approving agencies required by section 3674A of title 38, United States Code.
The actions taken to implement a tracking and reporting system for resources expended for approval and outreach activities by such agencies.
Any recommendations for legislative action that the Secretary considers appropriate to achieve the complete implementation of the standards described in paragraph (1).
Enhanced authority for reimbursement of State approving agencies for expenses
Section 3674(a) is amended—
in paragraph (2)(A)—
by striking , out of amounts
available for the payment of readjustment benefits,
; and
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.
; and
by amending paragraph (4) to read as follows:
The total amount authorized and available under this section for any fiscal year may not exceed $19,000,000, except that—
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; and
no amount may be made available for such purposes from amounts available for the payment of readjustment benefits after fiscal year 2012.
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.
.
Waiver of residency requirement for Directors for Veterans' Employment and Training
Section 4103(a)(2) is amended—
by inserting
(A)
after (2)
; and
by adding at the end the following new subparagraph:
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.
.
Modification of special unemployment study to cover veterans of Post 9/11 Global Operations
Modification of study
Subsection (a)(1) of section 4110A is amended—
in the matter before subparagraph (A), by
striking a study every two years
and inserting an annual
study
;
by redesignating subparagraph (A) as subparagraph (F);
by striking subparagraph (B) and inserting the following new subparagraphs:
Veterans who were called to active duty while members of the National Guard or a Reserve Component.
Veterans who served in combat or in a war zone in the Post 9/11 Global Operations theaters.
; and
in subparagraph (C)—
by striking
Vietnam era
and inserting Post 9/11 Global Operations
period
; and
by striking
the Vietnam theater of operations
and inserting the Post
9/11 Global Operations theaters
.
Definitions
Such section is further amended by adding at the end the following new subsection:
In this section:
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.
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.
.
Extension of increase in benefit for individuals pursuing apprenticeship or on-job training
Section 103 of the
Veterans Benefits Improvement Act of 2004 (Public Law 108–454; 118 Stat. 3600)
is amended by striking 2008
each place it appears and inserting
2010
.
Increase in supplemental educational assistance for members of the Selected Reserve with certain skills or specialties
In general
Section 16131(i) of title 10, United States Code, is amended—
in paragraph (1),
by striking $350
and inserting $425
; and
in paragraph (2),
by striking $350
and inserting $425
.
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 section 16131(i) of title 10, United States Code, on or after that date.
Modification of educational assistance for Reserve component members supporting contingency operations and other operations
Section
16162(c)(4)(C) of title 10, United States Code, is amended by striking
for—
and all that follows through or more.
and
inserting for two aggregate years or more.
.
FILIPINO WORLD WAR II VETERANS MATTERS
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
Modification of status of certain service
In general
Section 107 is amended to read as follows:
Certain service with Philippine forces deemed to be active service
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.
Service described
Service described in this subsection is service—
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; or
in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538).
Dependency and indemnity compensation for certain recipients residing outside the United States
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.
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).
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).
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.
.
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:
107. Certain service with Philippine forces deemed to be active service.
.
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.
Pension and death pension benefit protection
Notwithstanding any other provision of law, a veteran with service described in section 107(b) of title 38, United States Code (as added by subsection (a)), who is receiving benefits under a Federal or federally assisted program as of the date of the enactment of this Act, or a survivor of such veteran who is receiving such benefits as of the date of the enactment of this Act, may not be required to apply for or receive benefits under chapter 15 of such title if the receipt of such benefits would—
make such veteran or survivor ineligible for any Federal or federally assisted program for which such veteran or survivor qualifies; or
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.
Eligibility of children of certain Philippine veterans for educational assistance
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.
.
Repeal of obsolete provision
Such section is further amended by striking subsection (c).
COURT MATTERS
Recall of retired judges of the United States Court of Appeals for Veterans Claims
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
.
New judges recalled after retirement receive pay of current judges only during period of recall
In general
Section 7296(c) is amended by striking paragraph (1) and inserting the following new paragraph:
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:
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).
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.
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:
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.
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.
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.
.
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)
.
Pay during period of recall
Subsection (d) of section 7257 is amended to read as follows:
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.
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.
.
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.
.
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.
.
Additional discretion in imposition of practice and registration fees
Section 7285(a) is amended—
in the first sentence, by inserting
reasonable
after impose a
;
in the second sentence, by striking
, except that such amount may not exceed $30 per year
;
and
in the third sentence, by inserting
reasonable
after impose a
.
Annual reports on workload of United States Court of Appeals for Veterans Claims
In general
Subchapter III of chapter 72 is amended by adding at the end the following new section:
Annual report
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:
The number of appeals filed.
The number of petitions filed.
The number of applications filed under section 2412 of title 28.
The number and type of dispositions.
The median time from filing to disposition.
The number of oral arguments.
The number and status of pending appeals and petitions and of applications described in paragraph (3).
A summary of any service performed by recalled retired judges during the fiscal year.
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.
.
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:
7288. Annual report.
.
Report on expansion of facilities for United States Court of Appeals for Veterans Claims
Findings
Congress makes the following findings:
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.
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.
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.
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.
Sense of Congress
It is the sense of Congress that—
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; and
in providing that space, Congress should avoid undue disruption, inconvenience, or cost to other Federal entities.
Report
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—
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; and
using the entirety of such building as a Veterans Courthouse and Justice Center.
Contents
The report required by paragraph (1) shall include a detailed analysis of the following:
The impact that the matter analyzed in accordance with paragraph (1) would have on Federal tenants of the building used by the Court.
Whether it would be feasible to relocate such Federal tenants into office space that offers similar or preferable cost, convenience, and usable square footage.
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.
Comment period
The Administrator shall provide an opportunity to such Federal tenants—
before the completion of the report required by paragraph (1), to comment on the subject of the report required by such paragraph; and
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.
COMPENSATION AND PENSION MATTERS
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:
Osteoporosis, if the Secretary determines that the veteran was diagnosed with post-traumatic stress disorder (PTSD).
.
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:
Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount payable under paragraph (1), as such amount was in effect immediately prior to the date of such increase in benefit amounts, by the same percentage as the percentage by which such benefit amounts are increased. Any increase in a dollar amount under this paragraph shall be rounded down to the next lower whole dollar amount.
.
Clarification of eligibility of veterans 65 years of age or older for service pension for a period of war
Section 1513 is amended—
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.
;
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (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.
.
BURIAL AND MEMORIAL MATTERS
Annual adjustment of amounts for burial benefits
In general
Chapter 23 is amended by adding at the end the following new section:
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—
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
the Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).
.
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:
2309. Annual adjustment of amounts of burial benefits.
.
OTHER MATTERS
Eligibility of disabled veterans and members of the Armed Forces with severe burn injuries for automobiles and adaptive equipment
Eligibility
Paragraph (1) of section 3901 is amended—
in subparagraph (A)—
in the matter
preceding clause (i), by striking or (iii) below
and inserting
(iii), or (iv)
; and
by adding at the end the following new clause:
A severe burn injury (as determined pursuant to regulations prescribed by the Secretary).
; and
in subparagraph
(B), by striking or (iii)
and inserting (iii), or
(iv)
.
Stylistic amendments
Such section is further amended—
in the matter
preceding paragraph (1), by striking chapter—
and inserting
chapter:
;
in paragraph (1)—
in the matter
preceding subparagraph (A), by striking means—
and inserting
means the following:
;
in subparagraph (A)—
in the matter
preceding clause (i), by striking any veteran
and inserting
Any veteran
;
in clauses (i) and (ii), by striking the semicolon at the end and inserting a period; and
in clause
(iii), by striking or
and inserting a period; and
in subparagraph
(B), by striking any member
and inserting Any
member
.
Increase in assistance for providing automobiles or other conveyances to certain disabled veterans
In general
Section 3902 is amended—
in subsection
(a), by striking $11,000
and inserting $16,000
;
and
by adding at the end the following new subsection:
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.
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.
.
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 section 3902 of title 38, United States Code, on or after that date.
Clarification of purpose of the outreach services program of the Department of Veterans Affairs
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
.
Definition of outreach
Subsection (b) of such section is amended—
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
by inserting before paragraph (2) the following new paragraph (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;
.
Termination or suspension of contracts for cellular telephone service for servicemembers undergoing deployment outside the United States
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:
Termination or suspension of contracts for cellular telephone service
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.
Relief
Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall, at the election of the contractor—
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; or
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.
.
Clerical amendment
The table of contents for that Act is amended by inserting after the item relating to section 305 the following new item:
.
Maintenance, management, and availability for research of assets of Air Force Health Study
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.
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 (Public Law 109–364; 120 Stat. 2290), including electronic data files and biological specimens on all participants in the study (including control subjects).
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.
Additional near-term research
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.
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.
Additional medium-term research
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.
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.
Funding
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:
$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.
$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.
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).
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
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.
Elements
In conducting the study required under subsection (a), the Institute of Medicine shall do the following:
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.
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:
Members of the Armed Forces who served during the Persian Gulf War in the Southwest Asia theater of operations.
Members of the Armed Forces who served in the Post 9/11 Global Operations theaters.
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.
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.
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.
Reports
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.
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.
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).
Definitions
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.
The term Persian Gulf War has the meaning given that term in section 101(33) of title 38, United States Code.
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.
Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities
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.
Elements
The report required by subsection (a) shall include—
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;
an assessment of the adequacy of such payments in replacing the deceased veteran's income; and
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.