II
Calendar No. 155
111th CONGRESS
1st Session
S. 728
[Report No. 111–71]
IN THE SENATE OF THE UNITED STATES
March 26, 2009
Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
September 2, 2009
Reported under authority of the order of the Senate of August 7, 2009, by Mr. Akaka, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend title 38, United States Code, to enhance veterans' insurance benefits, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the
Veterans' Benefits Enhancement Act of
2009
.
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. Supplemental insurance for totally disabled veterans.
Sec. 103. Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers' Group Life Insurance.
Sec. 104. Enhancement of veterans' mortgage life insurance.
Sec. 105. Adjustment of coverage of dependents under Servicemembers' Group Life Insurance.
TITLE II—Compensation and pension matters
Sec. 201. Cost-of-living increase for temporary dependency and indemnity compensation payable for surviving spouses with dependent children under the age of 18.
Sec. 202. Eligibility of veterans 65 years of age or older for service pension for a period of war.
Sec. 203. Adjustments in amounts of dependency and indemnity compensation payable to disabled surviving spouses and to parents of deceased veterans.
Sec. 204. Increase and annual adjustment in limitation on pension payable to hospitalized veterans and others.
TITLE III—Burial and memorial matters
Sec. 301. Supplemental benefits for veterans for funeral and burial expenses.
Sec. 302. Supplemental plot allowances.
TITLE IV—Other matters
Sec. 401. Eligibility of disabled veterans and members of the Armed Forces with severe burn injuries for automobiles and adaptive equipment.
Sec. 402. Supplemental assistance for providing automobiles or other conveyances to certain disabled veterans.
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 April 1, 2010.
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, 2010.
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, 2010.
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,
.
Adjustment of coverage of dependents under Servicemembers' Group Life Insurance
Clause (ii) of section 1968(a)(5)(B) is amended to read as follows:
120 days after the date of the member's separation or release from the uniformed services; or
.
Compensation and pension matters
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.
.
Eligibility of veterans 65 years of age or older for service pension for a period of war
In general
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.
.
Application
The amendments made by this section shall apply with respect to claims for pensions filed on or after the date of the enactment of this Act.
Adjustments in amounts of dependency and indemnity compensation payable to disabled surviving spouses and to parents of deceased veterans
Increase in DIC payable to disabled surviving spouses
Section 1311 is amended—
in subsection (c),
by striking $271
and inserting $325
; and
in subsection (d),
by striking $128
and inserting $146
.
Increase in certain DIC amounts payable to parents
In general
Section 1315 is amended—
in subsection (b)—
in paragraph (1),
by striking $163
and inserting $661
; and
in paragraph (2),
by striking $5 monthly
and inserting $100 monthly, as
increased from time to time under section 5312 of this title
;
in subsection
(c)(2), by striking $5 monthly
and inserting $100
monthly, as increased from time to time under section 5312 of this
title
;
in subsection
(d)(2), by striking $5 monthly
and inserting $100
monthly, as increased from time to time under section 5312 of this
title
; and
in subsection (g),
by striking $85
and inserting $395
.
Additional amount payable to housebound parents
Such section is further amended by adding at the end the following new subsection:
The monthly rate of dependency and indemnity compensation payable to a parent shall be increased by $146, as increased from time to time under section 5312 of this title, if such parent—
is, by reason of disability, permanently housebound; and
does not qualify for an increase in dependency and indemnity compensation under subsection (g) of this section.
.
Codification of increase in rates of DIC payable to parents
Section 1315 is further amended—
in subsection
(b)(3), by striking $4,038
and inserting
$13,456
;
in subsection (c)—
in paragraph (1),
by striking $115
and inserting $412
; and
in paragraph (3),
by striking $4,038
and inserting $13,456
;
and
in subsection (d)—
in paragraph (1),
by striking $109
and inserting $387
; and
in paragraph (3),
by striking $5,430
and inserting $18,087
.
Technical amendment
Subsection (f)(1)(A) of such section 1315 is amended by
striking the six-months' death gratuity
and inserting
death gratuity payments by the Secretary concerned under sections 1475
through 1480 of title 10 (including payments under section 307 of the Persian
Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102–25; 105 Stat. 82; 10 U.S.C. 1478 note))
.
Cost-of-living adjustments
Section 5312(b)(1) is amended by striking the
monthly rate provided in subsection (g), of section 1315 of this title
and inserting the monthly rates provided in subsections (g) and (h), of
section 1315 of this title, the minimum monthly amounts of dependency and
indemnity compensation payable to parents under subsections (b)(2), (c)(2), and
(d)(2) of such section,
.
Effective date
In general
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to dependency and indemnity compensation payable for months beginning on or after that date.
Prohibition on cola in fiscal year 2010
No increase shall be made under section 5312(b)(1) of title 38, United States Code, in the minimum monthly amounts of dependency and indemnity compensation payable under subsections (b)(2), (c)(2), and (d)(2) of section 1315 of such title (as amended by subsection (b)(1) of this section) during fiscal year 2010.
Increase and annual adjustment in limitation on pension payable to hospitalized veterans and others
Increase and annual adjustment
In general
Section 5503 is amended—
in subsection (a)(1)—
in subparagraph
(A), by striking $90 per month
and inserting $100 per
month, as increased from time to time under section 5312 of this
title,
; and
in subparagraphs
(B) and (C), by striking $90 per month
each place it appears and
inserting $100 per month, as so increased,
; and
in subsection
(d)(2), by striking $90 per month
and inserting $100 per
month, as increased from time to time under section 5312 of this
title,
.
Annual adjustment
Section 5312(b)(1) is amended by striking
5507(c)(2)(D) and
and inserting 5503, 5507(c)(2)(D),
and
.
Applicability of limitation to pension payable to certain children of veterans of a period of war
Section 5503(d)(5) is amended—
by inserting
(A)
after (5)
; and
by adding at the end the following new subparagraph:
The provisions of this subsection shall also apply with respect to a child entitled to pension under section 1542 of this title in the same manner as they apply to a veteran having neither spouse nor child.
.
Effective date
The amendments made by this section shall take effect October 1, 2009. However no adjustment shall be made during fiscal year 2010 under section 5312(b)(1) of title 38, United States Code (as amended by subsection (a)(2)), in the limitation under section 5503 of title 38, United States Code (as amended by subsections (a)(1) and (b)), on amounts of pension payable to veterans and others.
Burial and memorial matters
Supplemental benefits for veterans for funeral and burial expenses
Funeral expenses
In general
Chapter 23 is amended by inserting after section 2302 the following new section:
Funeral expenses: supplemental benefits
In general
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.
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.
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)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2009, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
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—
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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
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
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
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:
2302A. Funeral expenses: supplemental benefits.
.
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).
Death from service-connected disability
In general
Chapter 23 is amended by inserting after section 2307 the following new section:
Death from service-connected disability: supplemental benefits for burial and funeral expenses
In general
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.
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.
Amount
The amount of the supplemental payment required by subsection (a) for any death is $2,100 (as adjusted from time to time under subsection (c)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2009, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
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—
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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
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
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
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:
2307A. Death from service-connected disability: supplemental benefits for burial and funeral expenses.
.
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).
Effective date
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to deaths occurring on or after that date.
Supplemental plot allowances
In general
Chapter 23 is amended by inserting after section 2303 the following new section:
Supplemental plot allowance
In general
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 2303(a)(1)(A) of this title, or for the burial of a veteran under paragraph (1) or (2) of section 2303(b) 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 or burial, as applicable.
No supplemental plot allowance 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.
Amount
The amount of the supplemental payment required by subsection (a) for any death is $445 (as adjusted from time to time under subsection (c)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2009, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
the sum of the amount described in section 2303(a)(1)(A) of this title and the amount under paragraph (1), multiplied by 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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
the amount of funding that would be necessary to provide supplemental plot allowance payments under this section to all eligible recipients for the remainder of the fiscal year in which such an estimate is made; and
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental plot allowance payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item related to section 2303 the following new item:
2303A. Supplemental plot allowance.
.
Effective date
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to deaths occurring on or after that date.
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 2303A of title 38, United States Code (as added by subsection (a)).
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
.
Supplemental assistance for providing automobiles or other conveyances to certain disabled veterans
In general
Chapter 39 is amended by inserting after section 3902 the following new section:
Supplemental assistance for providing automobiles or other conveyances
In general
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 purchase of an automobile or other conveyance for an eligible person under section 3902 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 purchase.
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.
Amount of supplemental payment
Supplemental payment required by subsection (a) is equal to the excess of—
the payment which would be determined under section 3902 of this title if the amount described in section 3902 of this title were increased to the adjusted amount described in subsection (c), over
the payment determined under section 3902 of this title without regard to this section.
Adjusted amount
The adjusted amount is $22,484 (as adjusted from time to time under subsection (d)).
Adjustment
Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the adjusted amount described in subsection (c) 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.
Estimates
From time to time, the Secretary shall make an estimate of—
the amount of funding that would be necessary to provide supplemental payment under this section for every eligible person for the remainder of the fiscal year in which such an estimate is made; and
the amount that Congress would need to appropriate to provide every eligible person with supplemental payment under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item related to section 3902 the following new item:
3902A. Supplemental assistance for providing automobiles or other conveyances.
.
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 3902A of title 38, United States Code (as added by subsection (a)).
Effective date
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to payments made in accordance with section 3902 of title 38, United States Code, on or after that date.
Short title; table of contents
Short title
This Act may be cited as the
Veterans' Benefits Enhancement Act of
2009
.
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. Increase in amount of supplemental insurance for totally disabled veterans.
Sec. 102. Adjustment of coverage of dependents under Servicemembers' Group Life Insurance.
Sec. 103. Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers' Group Life Insurance.
Sec. 104. Consideration of loss of dominant hand in prescription of schedule of severity of traumatic injury under Servicemembers' Group Life Insurance.
Sec. 105. Enhancement of veterans' mortgage life insurance.
TITLE II—Compensation and pension matters
Sec. 201. Cost-of-living increase for temporary dependency and indemnity compensation payable for surviving spouses with dependent children under the age of 18.
Sec. 202. Eligibility of veterans 65 years of age or older for service pension for a period of war.
Sec. 203. Clarification of additional requirements for consideration to be afforded time, place, and circumstances of service in determinations regarding service-connected disabilities.
Sec. 204. Extension of reduced pension for certain veterans covered by Medicaid plans for services furnished by nursing facilities.
Sec. 205. Enhancement of disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury.
Sec. 206. Commencement of period of payment of original awards of compensation for veterans retired or separated from the uniformed services for catastrophic disability.
Sec. 207. Applicability of limitation to pension payable to certain children of veterans of a period of war.
Sec. 208. Payment of dependency and indemnity compensation to survivors of former prisoners of war who died on or before September 30, 1999.
TITLE III—Readjustment and related benefit matters
Sec. 301. Repeal of limitation on number of veterans enrolled in programs of independent living services and assistance.
Sec. 302. Eligibility of disabled veterans and members of the Armed Forces with severe burn injuries for automobiles and adaptive equipment.
Sec. 303. Enhancement of automobile assistance allowance for veterans.
Sec. 304. Payment of unpaid balances of Department of Veterans Affairs guaranteed loans.
TITLE IV—Employment and reemployment rights of members of the Uniformed Services
Sec. 401. Waiver of sovereign immunity under the 11th Amendment with respect to enforcement of USERRA.
Sec. 402. Clarifying the definition of
successor in interest.
Sec. 403. Clarifying that USERRA prohibits wage discrimination against members of the Armed Forces.
Sec. 404. Requirement that Federal agencies provide notice to contractors of potential USERRA obligations.
Sec. 405. Comptroller General of the United States study on effectiveness of Federal programs of education and outreach on employer obligations under USERRA.
Sec. 406. Technical amendments.
TITLE V—Burial and memorial matters
Sec. 501. Supplemental benefits for veterans for funeral and burial expenses.
Sec. 502. Supplemental plot allowances.
TITLE VI—Other matters
Sec. 601. National Academies review of best treatments for Gulf War Illness.
Sec. 602. Extension of National Academy of Sciences reviews and evaluations regarding illness and service in Persian Gulf War.
Sec. 603. Extension of authority for regional office in Republic of the Philippines.
Sec. 604. Aggregate amount of educational assistance available to individuals who receive both survivors' and dependents educational assistance and other veterans and related educational assistance.
Sec.
605. Technical correction.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
Increase in amount of supplemental insurance for totally disabled veterans
Section 1922A(a) is amended by striking
$20,000
and inserting $30,000
.
Adjustment of coverage of dependents under Servicemembers' Group Life Insurance
Clause (ii) of section 1968(a)(5)(B) is amended to read as follows:
in the case of a member of the Ready Reserve of a uniformed service who meets the qualifications set forth in subparagraph (B) or (C) of section 1965(5) of this title, 120 days after separation or release from such assignment; or
in the case of any other member of the uniformed services, 120 days after the date of the member's separation or release from the uniformed services; or
.
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 October 1, 2010.
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 nondominant 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 added 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.
Enhancement of veterans' mortgage life insurance
In general
Section 2106(b) is
amended by striking $90,000
and inserting $150,000, or
$200,000 after January 1, 2012,
.
Effective date
The amendment made by subsection (a) shall take effect on October 1, 2010.
Compensation and pension matters
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—
in paragraph (1), by inserting (as
increased from time to time under paragraph (4))
after
$250
;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following new paragraph (4):
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.
.
Eligibility of veterans 65 years of age or older for service pension for a period of war
In general
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.
.
Applicability
The amendments made by this section shall apply with respect to any claim for pension filed on or after the date of the enactment of this Act.
Clarification of additional requirements for consideration to be afforded time, place, and circumstances of service in determinations regarding service-connected disabilities
In general
Subsection (a) of section 1154 is amended to read as follows:
The Secretary shall include in the regulations pertaining to service-connection of disabilities the following:
Provisions requiring that, in each case where a veteran is seeking service-connection for any disability, due consideration shall be given to the places, types, and circumstances of such veteran's service as shown by—
such veteran's service record;
the official history of each organization in which such veteran served;
such veteran's medical records; and
all pertinent medical and lay evidence.
Provisions generally recognizing circumstances in which lay evidence consistent with the place, conditions, dangers, or hardships associated with particular military service does not require confirmatory official documentary evidence in order to establish the occurrence of an event or exposure during active military, naval, or air service.
The provisions required by section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).
.
Regulations
In general
Not later than 210 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall promulgate regulations to implement section 1154(a)(2) of title 38, United States Code, as added by subsection (a).
Interim regulations
In the case that the Secretary is unable to promulgate final regulations under paragraph (1) on or before the date that is 210 days after the date of the enactment of this Act, the Secretary shall promulgate interim regulations on or before such date to be in effect until such time as the Secretary promulgates final regulations.
Extension of reduced pension for certain veterans covered by Medicaid plans for services furnished by nursing facilities
Section
5503(d)(7) is amended by striking September 30, 2011
and
inserting September 30, 2014
.
Enhancement of disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury
Veterans Suffering Anatomical Loss of Hands, Arms, or Legs
Section 1114 is amended—
in subsection (m)—
by striking at a level, or with
complications,
and inserting with factors
; and
by striking at
levels, or with complications,
and inserting with
factors
;
in subsection (n)—
by striking at
levels, or with complications,
and inserting with
factors
;
by striking so
near the hip as to
and inserting with factors that
;
and
by striking so
near the shoulder and hip as to
and inserting with factors
that
; and
in subsection (o), by
striking so near the shoulder as to
and inserting with
factors that
.
Veterans with service-Connected disabilities in need of regular aid and attendance for residuals of traumatic brain injury
In general
Such section is further amended—
in subsection (p), by striking the semicolon at the end and inserting a period; and
by adding at the end the following new subsection:
Subject to section 5503(c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance equal to the rate described in subsection (r)(2), which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).
.
Conforming amendment
Section 5503(c) is amended by striking in
section 1114(r)
and inserting in subsection (r) or (t) of
section 1114
.
Effective date
The amendments made by this section shall take effect on August 31, 2010.
Commencement of period of payment of original awards of compensation for veterans retired or separated from the uniformed services for catastrophic disability
Commencement of period of payment
Subsection (a) of section 5111 is amended—
by inserting
(1)
after (a)
;
in paragraph (1), as
designated by paragraph (1) of this subsection, by striking in
subsection (c) of this section
and inserting in paragraph (2) of
this subsection and subsection (c)
; and
by adding at the end the following new paragraph:
In the case of a veteran who is retired or separated from the active military, naval, or air service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law.
In this paragraph, the term catastrophic disability, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
.
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.
Technical correction regarding waiver of retired pay
Section 5305 is amended by striking
section 1414
and inserting sections 1212(d)(2) and
1414
.
Applicability of limitation to pension payable to certain children of veterans of a period of war
Section 5503(d)(5) is amended—
by inserting (A)
after
(5)
; and
by adding at the end the following new subparagraph:
The provisions of this subsection shall apply with respect to a child entitled to pension under section 1542 of this title in the same manner as they apply to a veteran having neither spouse nor child.
.
Payment of dependency and indemnity compensation to survivors of former prisoners of war who died on or before September 30, 1999
Section 1318(b)(3) is amended by striking
who died after September 30, 1999,
.
Readjustment and related benefit matters
Repeal of limitation on number of veterans enrolled in programs of independent living services and assistance
In general
Section 3120 is amended—
by striking subsection (e); and
by redesignating subsection (f) as subsection (e).
Conforming amendment
Subsection (a) of such section is amended by striking
described in subsection (f)
and inserting described in
subsection (e)
.
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 in subclause (i), (ii), or (iii) below
and inserting
in clause (i), (ii), (iii), or (iv) of this subparagraph
;
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
subclause (i), (ii), or (iii) of clause (A) of this paragraph
and inserting clause (i), (ii), (iii), or (iv) of subparagraph
(A)
.
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
.
Effective date
The amendments made by this section shall take effect on October 1, 2010.
Enhancement of automobile assistance allowance for veterans
Increase in amount of allowance
Subsection (a) of section 3902 is amended by striking
$11,000
and inserting $22,500 (as adjusted from time to
time under subsection (e))
.
Annual adjustment
Such section is further amended by adding at the end the following new subsection:
Effective on October 1 of each year (beginning in 2011), the Secretary shall increase the dollar amount in effect under subsection (a) to an amount equal to 80 percent of the average retail cost of new automobiles for the preceding calendar year.
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 October 1, 2010.
Payment of unpaid balances of Department of Veterans Affairs guaranteed loans
Section 3732(a)(2) is amended—
by striking Before
suit
and inserting (A) Before suit
; and
by adding at the end the following new subparagraph:
In the event that a housing loan guaranteed under this chapter is modified under the authority provided under section 1322(b) of title 11, the Secretary may pay the holder of the obligation the unpaid balance of the obligation due as of the date of the filing of the petition under title 11 plus accrued interest, but only upon the assignment, transfer, and delivery to the Secretary (in a form and manner satisfactory to the Secretary) of all rights, interest, claims, evidence, and records with respect to the housing loan.
.
Employment and reemployment rights of members of the Uniformed Services
Waiver of sovereign immunity under the 11th Amendment with respect to enforcement of USERRA
In general
Section 4323 is amended—
in subsection (b) by striking paragraph (2) and inserting the following new paragraph:
In the case of an action against a State (as an employer) by a person, the action may be brought in the appropriate district court of the United States or State court of competent jurisdiction.
;
by redesignating subsection (i) as subsection (j); and
by inserting after subsection (h) the following new subsection (i):
Waiver of State sovereign immunity
A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a suit brought by—
a person who is or was an employee in that program or activity for the rights or benefits authorized the person by this chapter;
a person applying to be such an employee in that program or activity for the rights or benefits authorized the person by this chapter; or
a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter.
In this subsection, the term program or activity has the meaning given that term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107).
.
Application
The amendments made by subsection (a) shall apply to—
any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and
all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act.
Clarifying the
definition of successor in interest
In general
Section 4303(4) is amended by adding at the end the following new subparagraph:
Whether the term successor in interest applies with respect to an entity described in subparagraph (A) for purposes of clause (iv) of such subparagraph shall be determined on a case-by-case basis using a multi-factor test that considers the following factors:
Substantial continuity of business operations.
Use of the same or similar facilities.
Continuity of work force.
Similarity of jobs and working conditions.
Similarity of supervisory personnel.
Similarity of machinery, equipment, and production methods.
Similarity of products or services.
The entity's lack of notice or awareness of a potential or pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multi-factor test under clause (i).
.
Application
The amendment made by subsection (a) shall apply to—
any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and
all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.
Clarifying that USERRA prohibits wage discrimination against members of the Armed Forces
In general
Section 4303(2) is
amended by striking other than
and inserting
including
.
Application
The amendment made by subsection (a) shall apply to—
any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and
all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.
Requirement that Federal agencies provide notice to contractors of potential USERRA obligations
Civilian agencies
The Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section:
Notice to contractors of potential obligations relating to employment and reemployment of members of the Armed Forces
Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38, United States Code.
.
Armed Forces
In general
Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
Notice to contractors of potential obligations relating to employment and reemployment of members of the armed forces
Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38.
.
Clerical amendment
The table of sections for such chapter is amended by adding at the end the following new item:
2334. Notice to contractors of potential obligations relating to employment and reemployment of members of the armed forces.
.
Comptroller General of the United States study on effectiveness of Federal programs of education and outreach on employer obligations under USERRA
Study required
The Comptroller General of the United States shall conduct a study on the effectiveness of Federal programs of education and outreach on employer obligations under chapter 43 of title 38, United States Code.
Contents of study
In carrying out the study required by subsection (a), the Comptroller General shall—
assess current practices and procedures of Federal agencies for educating employers about their obligations under chapter 43 of title 38, United States Code;
identify best practices for bringing the employment practices of small businesses into compliance with such chapter;
determine whether the Employer Support for the Guard and Reserve, the Small Business Administration, or other agencies could collaborate to develop a program to educate employers regarding their obligations under such chapter; and
determine the effect on recruitment and retention in the National Guard and Reserves of the failure of employers to meet their reemployment obligations under such chapter.
Report to Congress
Not later than June 30, 2010, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), including the following:
The findings of the Comptroller General with respect to such study.
The recommendations of the Comptroller General for the improvement of education and outreach for employers with respect to their obligations under chapter 43 of title 38, United States Code.
Technical amendments
Amendment to Congressional Accountability Act of 1995
Section 206(b) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1316(b)) is amended by
striking under paragraphs (1), (2)(A), and (3) of section 4323(c) of
title 38, United States Code
and inserting under section 4323(d)
of title 38, United States Code
.
Amendment to section 416 of title 3, United States Code
Section 416(b) of title 3,
United States Code, is amended by striking under paragraphs (1) and
(2)(A) of section 4323(c) of title 38
and inserting under
section 4323(d) of title 38
.
Amendment to section 4324 of title 38, United States Code
Section 4324(b)(4) of title
38, United States Code, is amended by inserting before the period the
following: declining to initiate an action and represent the person
before the Merit Systems Protection Board
.
Burial and memorial matters
Supplemental benefits for veterans for funeral and burial expenses
Funeral expenses
In general
Chapter 23 is amended by inserting after section 2302 the following new section:
Funeral expenses: supplemental benefits
In general
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.
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.
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)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2010, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
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—
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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
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
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
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:
2302A. Funeral expenses: supplemental benefits.
.
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).
Death from service-Connected disability
In general
Chapter 23 is amended by inserting after section 2307 the following new section:
Death from service-connected disability: supplemental benefits for burial and funeral expenses
In general
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.
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.
Amount
The amount of the supplemental payment required by subsection (a) for any death is $2,100 (as adjusted from time to time under subsection (c)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2010, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
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—
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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
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
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
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:
2307A. Death from service-connected disability: supplemental benefits for burial and funeral expenses.
.
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).
Effective date
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to deaths occurring on or after that date.
Supplemental plot allowances
In general
Chapter 23 is amended by inserting after section 2303 the following new section:
Supplemental plot allowance
In general
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 2303(a)(1)(A) of this title, or for the burial of a veteran under paragraph (1) or (2) of section 2303(b) 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 or burial, as applicable.
No supplemental plot allowance 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.
Amount
The amount of the supplemental payment required by subsection (a) for any death is $445 (as adjusted from time to time under subsection (c)).
Adjustment
With respect to deaths that occur in any fiscal year after fiscal year 2010, the supplemental payment described in subsection (b) shall be equal to the sum of—
the supplemental payment in effect under subsection (b) for the preceding fiscal year (determined after application of this subsection), plus
the sum of the amount described in section 2303(a)(1)(A) of this title and the amount under paragraph (1), multiplied by 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
such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
Estimates
From time to time, the Secretary shall make an estimate of—
the amount of funding that would be necessary to provide supplemental plot allowance payments under this section to all eligible recipients for the remainder of the fiscal year in which such an estimate is made; and
the amount that Congress would need to appropriate to provide all eligible recipients with supplemental plot allowance payments under this section in the next fiscal year.
On the dates described in paragraph (3), the Secretary shall submit to the appropriate committees of Congress the estimates described in paragraph (1).
The dates described in this paragraph are the following:
April 1 of each year.
July 1 of each year.
September 1 of each year.
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.
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and
the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item related to section 2303 the following new item:
2303A. Supplemental plot allowance.
.
Effective date
The amendments made by this section shall take effect on October 1, 2009, and shall apply with respect to deaths occurring on or after that date.
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 2303A of title 38, United States Code (as added by subsection (a)).
Other matters
National Academies review of best treatments for Gulf War Illness
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 review of the best treatments for Gulf War Illness.
Group of medical professionals
In conducting the study required under subsection (a), the Institute of Medicine shall convene a group of medical professionals who are experienced in treating individuals diagnosed with Gulf War illness 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.
Reports
The contract required by subsection (a) shall require the Institute of Medicine to submit to the Secretary and to the appropriate committees of Congress a report on the review required under subsection (a) not later than December 31, 2011. The final report shall include such recommendations for legislative or administrative action as the Institute considers appropriate in light of the results of the review.
Funding
The Secretary shall provide the Institute of Medicine with such funds as are necessary to ensure the timely completion of the review required under subsection (a).
Definitions
In this section:
Appropriate committees of Congress
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.
Gulf War Illness
The term Gulf War Illness means a medically unexplained chronic multisymptom illness, such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome, that is defined by a cluster of signs or symptoms relating to service in the Persian Gulf War or Post 9/11 Global Operations theaters.
Persian Gulf War
The term Persian Gulf War has the meaning given that term in section 101(33) of title 38, United States Code.
Post 9/11 Global Operations theaters
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 National Academy of Sciences reviews and evaluations regarding illness and service in Persian Gulf War
Review and evaluation of toxic drugs and illnesses associated with Persian Gulf War
Section 1603(j) of the Persian Gulf War
Veterans Act of 1998 (38 U.S.C. 1117 note) is amended by striking
October 1, 2010
and inserting October 1,
2015
.
Review and evaluation of available evidence regarding illness and service in Persian Gulf War
In general
Section 101(j) of the Veterans Programs Enhancement Act
of 1998 (Public Law 105–368; 112 Stat. 3321) is amended by striking 11
years after
and all that follows through under subsection
(b)
and inserting on October 1, 2018
.
Conforming amendment
Section 1604 of the Persian Gulf War Veterans Act of 1998 (Public Law 105–277; 38 U.S.C. 1117 note) is repealed.
Extension of authority for regional office in Republic of the Philippines
Section 315(b) is amended by striking
December 31, 2009
and inserting December 31,
2011
.
Aggregate amount of educational assistance available to individuals who receive both survivors' and dependents educational assistance and other veterans and related educational assistance
Aggregate amount available
Section 3695 is amended—
in subsection (a)(4), by
striking 35,
; and
by adding at the end the following new subsection:
The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).
.
Applicability
The amendment made by subsection (a) shall take effect on October 1, 2010, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 3695(a) of such title, as so in effect, before such date.
Revival of entitlement reduced by prior utilization of chapter 35 assistance
In general
Subject to paragraph (2), in the case of an individual whose period of entitlement to assistance under a provision of law referred to in section 3695(a) of title 38, United States Code (other than chapter 35 of such title), as in effect on September 30, 2010, was reduced under such section 3695(a), as so in effect, by reason of the utilization of entitlement to assistance under chapter 35 of such title before October 1, 2010, the period of entitlement to assistance of such individual under such provision shall be determined without regard to any entitlement so utilized by the individual under chapter 35 of such title.
Limitation
The maximum period of entitlement to assistance of an individual under paragraph (1) may not exceed 81 months.
Technical correction
Section 5503(c) is
amended by striking veterans'
and inserting
veteran's
.
September 2, 2009
Reported with an amendment