[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1905 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1905

 To amend title 38, United States Code, to enhance veterans' programs 
  and the ability of the Department of Veterans Affairs to administer 
                                 them.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2002

 Mr. Rockefeller (by request) 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 veterans' programs 
  and the ability of the Department of Veterans Affairs to administer 
                                 them.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    (a) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Table of contents.
Sec. 2. References to title 38, United States Code.
               TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS

Sec. 101. Care for newborn children of enrolled women veterans.
Sec. 102. Outpatient dental care for all former prisoners of war.
Sec. 103. Pay comparability for Director, Nursing Service.
                  TITLE II--VETERANS' BENEFIT PROGRAMS

Sec. 201. Limitation on provision of certain benefits.
Sec. 202. Clarification of procedures regarding disqualification of 
                            certain individuals for memorialization in 
                            veterans cemeteries.
Sec. 203. Clarification of the period for appealing rulings of the 
                            Board of Veterans' Appeals.
           TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS

Sec. 301. Repeal of cap on number of non-career members of senior 
                            executive service serving in VA.
Sec. 302. Repeal of preceding-service requirement for VA Deputy 
                            Assistant Secretaries.
Sec. 303. Revolving supply fund amendments.
Sec. 304. Redefinition of ``minority group member'' in 38 U.S.C. 
                            Sec. 544(d).

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment is expressed in terms of an amendment to a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of title 38, United States Code.

               TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS

SEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS.

    Section 1701 is amended:
            (1) in subsection (6),
                    (A) by striking out ``and'' at the end of paragraph 
                (A);
                    (B) by adding ``and'' at the end of paragraph (B); 
                and
                    (C) by adding at the end the following new 
                paragraph:
                    ``(C) care for newborn children.''; and
            (2) by adding at the end the following new subsection:
                    ``(11) The term ``care for newborn children'' means 
                care provided to an infant of a woman veteran enrolled 
                in the VA health care system. Such care may be provided 
                until the mother is discharged from the hospital after 
                delivery of the child or for 14 days after the date of 
                birth of the child, whichever period is shorter, and 
                only if the Department contracted for the delivery of 
                the child.''.

SEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR.

    Section 1712(a)(1)(F) is amended by striking out ``for a period of 
not less than 90 days''.

SEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE.

    (a) Section 7306(a)(5) is amended by adding at the end thereof, 
``The position shall be exempt from the provisions of section 7451 of 
this title and shall be paid at the maximum rate payable to a Senior 
Executive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and 
5382.''.
    (b) Section 7404 (d) is amended by deleting ``section'' the first 
time it appears and inserting in its place ``sections 7306(a)(5) and''.

                  TITLE II--VETERANS' BENEFIT PROGRAMS

SEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS.

    (a) Prohibitions.--(1) Section 112 is amended by adding at the end 
the following new subsection:
    ``(c) A certificate shall not be furnished under this program on 
behalf of a deceased veteran described in section 2411(b) of this 
title.''.
    (2) Section 2301 is amended by adding at the end the following new 
subsection:
    ``(f) A flag shall not be furnished under this section on behalf of 
a deceased veteran described in section 2411(b) of this title.''.
    (3) Section 2306 is amended by adding at the end the following new 
subsection:
    ``(f)(1) A headstone or marker shall not be furnished under 
subsection (a) for the unmarked grave of an individual described in 
section 2411(b) of this title.
    ``(2) A memorial headstone or marker shall not be furnished under 
subsection (b) for the purpose of commemorating an individual described 
in section 2411(b) of this title.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to deaths occurring on or after the date of its enactment.

SEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF 
              CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS 
              CEMETERIES.

    Section 2411(a)(2) is amended--
            (1) by striking ``The prohibition'' and inserting ``In the 
        case of a person described in subsection (b)(1) or (b)(2), the 
        prohibition''; and
            (2) by striking ``or finding under subsection (b)'' and 
        inserting ``referred to in subsection (b)(1) or (b)(2), 
        respectively''.

SEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD 
              OF VETERANS APPEALS.

    (a) Clarification.--Paragraph (1) of section 7266(a) is amended by 
striking ``notice of the decision is mailed pursuant to section 7104(e) 
of this title'' and inserting ``a copy of the decision, pursuant to 
section 7104(e) of this title, is mailed or sent to the claimant's 
representative or, if the claimant is not represented, mailed to the 
claimant''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
Board of Veterans' Appeals decisions made on or after the date of 
enactment of this Act.

           TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS

SEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR 
              EXECUTIVE SERVICE SERVING IN VA.

    (a) Section 709(a) is repealed.
    (b) Section 709 is amended by re-designating subsections (b) and 
(c) as subsections (a) and (b), respectively.

SEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY 
              ASSISTANT SECRETARIES.

    (a) Section 308(d)(2) is repealed.
    (b) Section 308 is amended by deleting ``(1)'' from subsection (d).

SEC. 303. REVOLVING SUPPLY FUND AMENDMENTS.

    Section 8121(a) is amended--
            (1) by adding ``and for medical supplies, equipment, and 
        services for the Department of Defense'' after ``Department'';
            (2) in paragraph (2), by adding ``of the Department and the 
        Department of Defense'' after ``appropriations''; and
            (3) in paragraph (3), by adding ``of the Department and the 
        Department of Defense'' after ``appropriations''.

SEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C. 
              Sec. 544(D).

    Section 544(d) is amended to read as follows:
    ``(d) In this section, the term `minority group member' means an 
individual who is--
            ``(1) American Indian or Alaska Native;
            ``(2) Asian;
            ``(3) African American;
            ``(4) Native Hawaiian or other Pacific Islander; or
            ``(5) Hispanic, Spanish, or Latino.''.
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