[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3665 Reported in House (RH)]


                                                 Union Calendar No. 144
109th CONGRESS
  1st Session
                                H. R. 3665

                          [Report No. 109-263]

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to provide adaptive housing assistance to disabled 
 veterans residing temporarily in housing owned by a family member and 
to make direct housing loans to Native American veterans, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2005

   Mr. Boozman (for himself, Ms. Herseth, Mr. Filner, and Mr. Evans) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

                            November 1, 2005

 Additional sponsors: Mr. Faleomavaega, Mr. Abercrombie, Mr. Case, Mr. 
   Grijalva, Mr. Michaud, Mr. Davis of Kentucky, Mr. Schiff, and Ms. 
                                Berkley

                            November 1, 2005

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           September 7, 2005]

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to provide adaptive housing assistance to disabled 
 veterans residing temporarily in housing owned by a family member and 
to make direct housing loans to Native American veterans, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Housing 
and Employment Improvement Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--HOUSING ASSISTANCE

Sec. 101. Adaptive housing assistance for disabled veterans residing 
                            temporarily in housing owned by family 
                            member.
Sec. 102. Permanent authority to make direct housing loans to Native 
                            American veterans.
Sec. 103. Extension of eligibility for direct loans for Native American 
                            veterans to a veteran who is the spouse of 
                            a Native American.
Sec. 104. Terminology amendments to revise references to certain 
                            veterans in provisions relating to 
                            eligibility for compensation or dependency 
                            and indemnity compensation.

                TITLE II--EMPLOYMENT ASSISTANCE PROGRAMS

Sec. 201. Extension of operation of the President's National Hire 
                            Veterans Committee.
Sec. 202. Additional duty for the Assistant Secretary of Labor for 
                            Veterans' Employment and Training to raise 
                            awareness of skills of veterans and of the 
                            benefits of hiring veterans.
Sec. 203. Modifications to the Advisory Committee on Veterans 
                            Employment and Training.

           TITLE III--HOMELESS VETERANS REINTEGRATION PROGRAM

Sec. 301. Reauthorization of appropriations for Homeless Veterans 
                            Reintegration Program.

        TITLE IV--TECHNICAL, CLARIFYING, AND CLERICAL AMENDMENTS

Sec. 401. Technical and clarifying amendments to new traumatic injury 
                            protection coverage under Servicemembers' 
                            Group Life Insurance.
Sec. 402. Technical and clerical amendments.

                      TITLE I--HOUSING ASSISTANCE

SEC. 101. ADAPTIVE HOUSING ASSISTANCE FOR DISABLED VETERANS RESIDING 
              TEMPORARILY IN HOUSING OWNED BY FAMILY MEMBER.

    (a) Assistance Authorized.--Chapter 21 of title 38, United States 
Code, is amended by inserting after section 2102 the following new 
section:
``Sec. 2102A. Assistance for veterans residing temporarily in housing 
              owned by family member
    ``(a) In the case of a disabled veteran who is described in 
subsection (a)(2) or (b)(2) of section 2101 of this title and who is 
residing, but does not intend to permanently reside, in a residence 
owned by a member of such veteran's family, the Secretary may assist 
the veteran in acquiring such adaptations to such residence as are 
determined by the Secretary to be reasonably necessary because of the 
veteran's disability.
    ``(b) The assistance authorized under subsection (a) may not 
exceed--
            ``(1) $10,000, in the case of a veteran described in 
        section 2101(a)(2) of this title; or
            ``(2) $2,000, in the case of a veteran described in section 
        2101(b)(2) of this title.
    ``(c) The assistance authorized by subsection (a) shall be limited 
in the case of any veteran to one residence.
    ``(d) Assistance under this section shall be provided in accordance 
with such regulations as the Secretary may prescribe.
    ``(e) No assistance may be provided under this section after the 
end of the five-year period that begins on the date of the enactment of 
the Veterans Housing and Employment Improvement Act of 2005.''.
    (b) Limitations on Adaptive Housing Assistance.--Section 2102 of 
such title is amended--
            (1) in the matter in subsection (a) preceding paragraph 
        (1)--
                    (A) by striking ``shall be limited in the case of 
                any veteran to one housing unit, and necessary land 
                therefor, and''; and
                    (B) by striking ``veteran but shall not exceed 
                $50,000 in any one case--'' and inserting ``veteran--
                ''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) The aggregate amount of assistance available to a veteran 
under sections 2101(a) and 2102A of this title shall be limited to 
$50,000.
    ``(2) The aggregate amount of assistance available to a veteran 
under sections 2101(b) and 2102A of this title shall be limited to 
$10,000.
    ``(3) No veteran may receive more than three grants of assistance 
under this chapter.''.
    (c) Coordination of Administration of Benefits.--Chapter 21 of such 
title is further amended by adding at the end the following new 
section:
``Sec. 2107. Coordination of administration of benefits
    ``The Secretary shall provide for the coordination of the 
administration of programs to provide specially adapted housing that 
are administered by the Under Secretary for Health and such programs 
that are administered by the Under Secretary for Benefits under this 
chapter, chapter 17, and chapter 31 of this title.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
such chapter of such title is amended--
            (1) by inserting after the item relating to section 2102 
        the following new item:

``2102A. Assistance for veterans residing temporarily in housing owned 
                            by family member.''; and
            (2) by adding at the end the following new item:

``2107. Coordination of administration of benefits.''.
    (e) GAO Reports.--(1) Not later than three years after the date of 
the enactment of this Act, the Comptroller General shall submit to 
Congress an interim report on the implementation by the Secretary of 
Veterans Affairs of section 2102A of title 38, United States Code, as 
added by subsection (a).
    (2) Not later than five years after the date of the enactment of 
this Act, the Comptroller General shall submit to Congress a final 
report on the implementation of such section.

SEC. 102. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE 
              AMERICAN VETERANS.

    (a) Permanent Authority.--Section 3761 of title 38, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``establish and implement a pilot 
                program under which the Secretary may'' in the first 
                sentence; and
                    (B) by striking ``shall establish and implement the 
                pilot program'' in the third sentence and inserting 
                ``shall make such loans'';
            (2) in subsection (b), by striking ``In carrying out the 
        pilot program under this subchapter, the'' and inserting 
        ``The''; and
            (3) by striking subsection (c).
    (b) Reports.--Section 3762(j) of such title is amended to read as 
follows:
    ``(j) The Secretary shall include as part of the annual report 
required by section 529 of this title and as part of any annual 
benefits report of the Veterans Benefits Administration information 
concerning the cost and number of loans provided under this subchapter 
for each fiscal year.''.
    (c) Conforming Amendments.--
            (1) Section 3762 of such title is amended--
                    (A) in subsection (a), by inserting ``under this 
                subchapter'' after ``to a Native American veteran'';
                    (B) in subsection (b)(1)(E), by striking ``the 
                pilot program established under this subchapter is 
                implemented'' and inserting ``loans under this 
                subchapter are made'';
                    (C) in subsection (c)(1)(B), by striking ``carry 
                out the pilot program under this subchapter in a manner 
                that demonstrates the advisability of making direct 
                housing loans'' in the second sentence and inserting 
                ``make direct housing loans under this subchapter'';
                    (D) in subsection (i)--
                            (i) by striking ``the pilot program 
                        provided for under this subchapter and'' in 
                        paragraph (1);
                            (ii) by striking ``under the pilot program 
                        and in assisting such organizations and 
                        veterans in participating in the pilot 
                        program'' in paragraph (2)(A) and inserting 
                        ``under this subchapter and in assisting such 
                        organizations and veterans with respect to such 
                        housing benefits''; and
                            (iii) by striking ``in participating in the 
                        pilot program'' in paragraph (2)(E) and 
                        inserting ``with respect to such benefits''.
            (2) Section 8(b) of the Veterans Home Loan Program 
        Amendments of 1992 (Public Law 102-547; 38 U.S.C. 3761 note) is 
        repealed.
    (d) Establishment of Maximum Amount of Loans.--Section 
3762(c)(1)(B) of title 38, United States Code, is amended--
            (1) by striking ``(B) The'' and inserting ``(B)(i) Subject 
        to clause (ii), the''; and
            (2) by adding at the end the following new clause:
    ``(ii) The amount of a loan made by the Secretary under this 
subchapter may not exceed the maximum loan amount authorized for loans 
guaranteed under section 3703(a)(1)(C) of this title.''.
    (e) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of 
such title is amended by inserting ``veteran'' after ``Native 
American''.
    (f) Clerical Amendments.--
            (1) Subchapter heading.--The heading for subchapter V of 
        chapter 37 of such title is amended to read as follows:

  ``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.

            (2) Section heading.--The heading for section 3761 of such 
        title is amended to read as follows:
``Sec. 3761. Direct housing loans to Native American veterans; program 
              authority''.
            (3) Section heading.--The heading for section 3762 of such 
        title is amended to read as follows:
``Sec. 3762. Direct housing loans to Native American veterans; program 
              administration''.
            (4) Table of sections.--The table of sections at the 
        beginning of chapter 37 of such title is amended by striking 
        the items relating to subchapter V and sections 3761 and 3762 
        and inserting the following new items:
   ``subchapter v--direct housing loans for native american veterans
``3761. Direct housing loans to Native American veterans; program 
                            authority.
``3762. Direct housing loans to Native American veterans; program 
                            administration.''.

SEC. 103. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN 
              VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE 
              AMERICAN.

    (a) Extension.--Subchapter V of chapter 37 of title 38, United 
States Code, is amended--
            (1) by redesignating section 3764 as section 3765; and
            (2) by inserting after section 3763 the following new 
        section:
``Sec. 3764. Qualified non-Native American veterans
    ``(a) Subject to the succeeding provisions of this section, for 
purposes of this subchapter--
            ``(1) a qualified non-Native American veteran is deemed to 
        be a Native American veteran; and
            ``(2) for purposes of applicability to a non-Native 
        American veteran, any reference in this subchapter to the 
        jurisdiction of a tribal organization over a Native American 
        veteran is deemed to be a reference to jurisdiction of a tribal 
        organization over the Native American spouse of the qualified 
        non-Native American veteran.
    ``(b) In making direct loans under this subchapter to a qualified 
non-Native American veteran by reason of eligibility under subsection 
(a), the Secretary shall ensure that the tribal organization permits, 
and the qualified non-Native American veteran actually holds, 
possesses, or purchases, using the proceeds of the loan, jointly with 
the Native American spouse of the qualified non-Native American 
veteran, a meaningful interest in the lot, dwelling, or both, that is 
located on trust land.
    ``(c) Nothing in subsection (b) shall be construed as precluding a 
tribal organization from imposing reasonable restrictions on the right 
of the qualified non-Native American veteran to convey, assign, or 
otherwise dispose of such interest in the lot or dwelling, or both, if 
such restrictions are designed to ensure the continuation in trust 
status of the lot or dwelling, or both. Such requirements may include 
the termination of the interest of the qualified non-Native American 
veteran in the lot or dwelling, or both, upon the dissolution of the 
marriage of the qualified non-Native American veteran to the Native 
American spouse.''.
    (b) Conforming Amendments.--Section 3765 of such title, as 
redesignated by subsection (a), is amended by adding at the end the 
following new paragraph:
            ``(5) The term `qualified non-Native American veteran' 
        means a veteran who--
                    ``(A) is the spouse of a Native American, but
                    ``(B) is not a Native American.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 37 of such title is amended by striking the item relating to 
section 3764 and inserting the following new items:

``3764. Qualified non-Native American veterans.
``3765. Definitions.''.

SEC. 104. TERMINOLOGY AMENDMENTS TO REVISE REFERENCES TO CERTAIN 
              VETERANS IN PROVISIONS RELATING TO ELIGIBILITY FOR 
              COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION.

    Title 38, United States Code, is amended as follows:
            (1) Section 1114(l) is amended by striking ``so helpless'' 
        and inserting ``with such significant disabilities''.
            (2) Section 1114(m) is amended by striking ``so helpless'' 
        and inserting ``so significantly disabled''.
            (3) Sections 1115(1)(E)(ii), 1122(b)(2), 1311(c)(2), 
        1315(g)(2), and 1502(b)(2) are amended by striking ``helpless 
        or blind, or so nearly helpless or blind as to'' and inserting 
        ``blind, or so nearly blind or significantly disabled as to''.

                TITLE II--EMPLOYMENT ASSISTANCE PROGRAMS

SEC. 201. EXTENSION OF OPERATION OF THE PRESIDENT'S NATIONAL HIRE 
              VETERANS COMMITTEE.

    (a) One-Year Extension.--Subsection (f) of section 6 of the Jobs 
for Veterans Act (Public Law 107-288; 116 Stat. 2048) is amended--
            (1) by striking ``60 days'' and inserting ``not later than 
        60 days''; and
            (2) by striking ``on December 31, 2005'' and inserting 
        ``not later than December 31, 2006''.
    (b) Additional Authorization of Appropriations.--Subsection (g) of 
such section is amended by striking ``2005'' and inserting ``2006''.
    (c) Additional Report.--Subsection (e) of such section is amended 
by striking ``and 2005,'' and inserting ``2005, and 2006,''.

SEC. 202. ADDITIONAL DUTY FOR THE ASSISTANT SECRETARY OF LABOR FOR 
              VETERANS' EMPLOYMENT AND TRAINING TO RAISE AWARENESS OF 
              SKILLS OF VETERANS AND OF THE BENEFITS OF HIRING 
              VETERANS.

    (a) In General.--Subsection (b) of section 4102A of title 38, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(8) With advice and assistance from the Advisory 
        Committee on Veterans Employment, Training, and Employer 
        Outreach established under section 4110 of this title, furnish 
        information to employers (through meetings in person with 
        hiring executives of corporations and otherwise) with respect 
        to the training and skills of veterans and disabled veterans, 
        and the advantages afforded employers by hiring veterans with 
        such training and skills, and to facilitate employment of 
        veterans and disabled veterans through participation in labor 
        exchanges (Internet-based and otherwise), and other means.''.
    (b) Transition Plan.--(1) The Secretary of Labor, acting through 
the Assistant Secretary of Labor for Veterans' Employment and Training, 
shall develop a plan for the transition of the assumption of certain 
duties and functions of the President's National Hire Veterans 
Committee by the Assistant Secretary in carrying out section 
4102A(b)(8) of title 38, United States Code, as added by subsection 
(a). Such plan shall include the identification of the activities and 
operations of the Committee that the Assistant Secretary determines 
should be continued or expanded.
    (2) Not later than July 1, 2006, the Secretary shall transmit to 
the Committees on Veterans' Affairs of the Senate and House of 
Representatives the transition plan developed under paragraph (1).

SEC. 203. MODIFICATIONS TO THE ADVISORY COMMITTEE ON VETERANS 
              EMPLOYMENT AND TRAINING.

    (a) Committee Name.--(1) Subsection (a)(1) of section 4110 of title 
38, United States Code, is amended by striking ``Advisory Committee on 
Veterans Employment and Training'' and inserting ``Advisory Committee 
on Veterans Employment, Training, and Employer Outreach''.
    (2) The heading of such section is amended to read as follows:
``Sec. 4110. Advisory Committee on Veterans Employment, Training, and 
              Employer Outreach''.
    (3) The item relating to section 4110 in the table of sections at 
the beginning of chapter 41 of such title is amended to read as 
follows:

``4110. Advisory Committee on Veterans Employment, Training, and 
                            Employer Outreach.''.
    (4) Any reference to the Advisory Committee established under 
section 4110 of such title in any law, regulation, map, document, 
record, or other paper of the United States shall be considered to be a 
reference to the Advisory Committee on Veterans Employment, Training, 
and Employer Outreach.
    (b) Expansion of Duties of the Committee.--Subsection (a)(2) of 
such section is amended--
            (1) in subparagraph (A), by inserting ``and their 
        integration into the workforce'' after ``veterans'';
            (2) by striking ``and'' at the end of subparagraph (B);
            (3) by redesignating subparagraph (C) as subparagraph (E); 
        and
            (4) by inserting after subparagraph (B) the following new 
        subparagraphs:
            ``(C) assist the Assistant Secretary of Labor for Veterans 
        Employment and Training in carrying out outreach activities to 
        employers with respect to the training and skills of veterans 
        and the advantages afforded employers by hiring veterans;
            ``(D) make recommendations to the Secretary, through the 
        Assistant Secretary of Labor for Veterans Employment and 
        Training, with respect to outreach activities and the 
        employment and training of veterans; and''.
    (c) Modification of Committee Membership.--(1) Subsection (c)(1) of 
such section is amended to read as follows:
    ``(c)(1) The Secretary of Labor shall appoint at least 12, but no 
more than 15, individuals to serve as members of the advisory committee 
as follows:
            ``(A) Six individuals, one each from among representatives 
        nominated by each of the following organizations:
                    ``(i) The National Society of Human Resource 
                Managers.
                    ``(ii) The Business Roundtable.
                    ``(iii) The National Association of State Workforce 
                Agencies.
                    ``(iv) The U.S. Chamber of Commerce.
                    ``(v) The National Federation of Independent 
                Business.
                    ``(vi) A nationally recognized labor union or 
                organization.
            ``(B) Not more than five individuals from among 
        representatives nominated by veterans service organizations 
        that have a national employment program.
            ``(C) Not more than five individuals who are recognized 
        authorities in the fields of business, employment, training, 
        rehabilitation, or labor and who are not employees of the 
        Department of Labor.''.
    (2) Subsection (d) of such section is amended--
            (A) by striking paragraphs (3), (4), (8), (10), (11), and 
        (12); and
            (B) by redesignating paragraphs (5), (6), (7), and (9) as 
        paragraphs (3), (4), (5), and (6), respectively.
    (d) Reinstatement and Modification of Reporting Requirement.--
Subsection (f)(1) of such section is amended--
            (1) by striking the first sentence and inserting the 
        following: ``Notwithstanding section 3003 of Public Law 104-66, 
        not later than December 31 of each year, the advisory committee 
        shall submit to the Secretary and to the Committees on 
        Veterans' Affairs of the Senate and House of Representatives a 
        report on the employment and training needs of veterans, with 
        special emphasis on disabled veterans, for the previous fiscal 
        year.'';
            (2) in subparagraph (A), by inserting ``and their 
        integration into the workforce'' after ``veterans'';
            (3) by striking ``and'' at the end of subparagraph (B);
            (4) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (F), respectively;
            (5) by inserting after subparagraph (A) the following new 
        subparagraph:
            ``(B) an assessment of the outreach activities carried out 
        by the Secretary of Labor to employers with respect to the 
        training and skills of veterans and the advantages afforded 
        employers by hiring veterans; ''; and
            (6) by inserting after subparagraph (C), as so 
        redesignated, the following new subparagraphs:
            ``(D) a description of the activities of the advisory 
        committee during that fiscal year;
            ``(E) a description of activities that the advisory 
        committee proposes to undertake in the succeeding fiscal year; 
        and''.

           TITLE III--HOMELESS VETERANS REINTEGRATION PROGRAM

SEC. 301. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS 
              REINTEGRATION PROGRAM.

    Subsection (e)(1) of section 2021 of title 38, United States Code, 
is amended by adding at the end the following new subparagraph:
            ``(F) $50,000,000 for each of fiscal years 2007 through 
        2009.''.

        TITLE IV--TECHNICAL, CLARIFYING, AND CLERICAL AMENDMENTS

SEC. 401. TECHNICAL AND CLARIFYING AMENDMENTS TO NEW TRAUMATIC INJURY 
              PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE 
              INSURANCE.

    (a) Section 1980A.--Section 1980A of title 38, United States Code, 
as enacted by section 1032(a)(2) of Public Law 109-13 (119 Stat. 257), 
is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a)(1) A member of the uniformed services who is insured under 
Servicemembers' Group Life Insurance shall automatically be insured for 
traumatic injury in accordance with this section. Insurance benefits 
under this section shall be payable if the member, while so insured, 
sustains a traumatic injury that results in a qualifying loss specified 
pursuant to subsection (b)(1).
    ``(2) If a member suffers more than one such qualifying loss as a 
result of traumatic injury from the same traumatic event, payment shall 
be made under this section in accordance with the schedule prescribed 
pursuant to subsection (d) for the single loss providing the highest 
payment.''.
            (2) Subsection (b) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``issued a'' and all that 
                        follows through ``limited to--'' and inserting 
                        ``insured against traumatic injury under this 
                        section is insured against such losses due to 
                        traumatic injury (in this section referred to 
                        as `qualifying losses') as are prescribed by 
                        the Secretary by regulation. Qualifying losses 
                        so prescribed shall include the following:'';
                            (ii) by capitalizing the first letter of 
                        the first word of each of subparagraphs (A) 
                        through (H);
                            (iii) by striking the semicolon at the end 
                        of each of subparagraphs (A) through (F) and 
                        inserting a period; and
                            (iv) by striking ``; and'' at the end of 
                        subparagraph (G) and inserting a period;
                    (B) in paragraph (2)--
                            (i) by striking ``subsection--'' and 
                        inserting ``subsection:'';
                            (ii) by striking ``the'' at the beginning 
                        of subparagraphs (A), (B), and (C) and 
                        inserting ``The'';
                            (iii) in subparagraph (A), by striking ``4 
                        limbs;'' and inserting ``four limbs.'';
                            (iv) in subparagraph (B), by striking ``; 
                        and'' at the end and inserting a period;
                            (v) in subparagraph (C), by striking ``1 
                        side'' and inserting ``one side''; and
                            (vi) by adding at the end the following new 
                        subparagraph:
            ``(D) The term `inability to carry out the activities of 
        daily living' means the inability to independently perform two 
        or more of the following six functions:
                    ``(i) Bathing.
                    ``(ii) Continence.
                    ``(iii) Dressing.
                    ``(iv) Eating.
                    ``(v) Toileting.
                    ``(vi) Transferring.'';
                    (C) in paragraph (3)--
                            (i) by striking ``, in collaboration with 
                        the Secretary of Defense,'';
                            (ii) by striking ``shall prescribe'' and 
                        inserting ``may prescribe''; and
                            (iii) by striking ``the conditions under 
                        which coverage against loss will not be 
                        provided''; and inserting ``conditions under 
                        which coverage otherwise provided under this 
                        section is excluded''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(4) A member shall not be considered for the purposes of this 
section to be a member insured under Servicemembers' Group Life 
Insurance if the member is insured under Servicemembers' Group Life 
Insurance only as an insurable dependent of another member pursuant to 
subparagraph (A)(ii) or (C)(ii) of section 1967(a)(1) of this title.''.
            (3) Subsection (c) is amended to read as follows:
    ``(c)(1) A payment may be made to a member under this section only 
for a qualifying loss that results directly from a traumatic injury 
sustained while the member is covered against loss under this section 
and from no other cause.
    ``(2)(A) A payment may be made to a member under this section for a 
qualifying loss resulting from a traumatic injury only for a loss that 
is incurred during the applicable period of time specified pursuant to 
subparagraph (B).
    ``(B) For each qualifying loss, the Secretary shall prescribe, by 
regulation, a period of time to be the period of time within which a 
loss of that type must be incurred, determined from the date on which 
the member sustains the traumatic injury resulting in that loss, in 
order for that loss to be covered under this section. For quadriplegia, 
paraplegia, and hemiplegia, the period of time so prescribed shall be 
365 days.''.
            (4) Subsection (d) is amended by striking ``losses 
        described in subsection (b)(1) shall be--'' and all that 
        follows and inserting ``qualifying losses shall be made in 
        accordance with a schedule prescribed by the Secretary, by 
        regulation, specifying the amount of payment to be made for 
        each type of qualifying loss, to be based on the severity of 
        the qualifying loss. The minimum payment that may be prescribed 
        for a qualifying loss is $25,000, and the maximum payment that 
        may be prescribed for a qualifying loss is $100,000.''.
            (5) Subsection (e) is amended--
                    (A) by striking ``of Veterans Affairs'' each place 
                it appears;
                    (B) in paragraph (1), by striking `as the premium 
                allocable'' and all that follows through ``protection 
                under this section'';
                    (C) in paragraph (2), by striking ``Secretary of 
                the concerned service'' and inserting ``Secretary 
                concerned''; and
                    (D) by striking paragraphs (6), (7), and (8) and 
                inserting the following:
    ``(6) The cost attributable to insuring members under this section 
for any month or other period specified by the Secretary, less the 
premiums paid by the members, shall be paid by the Secretary concerned 
to the Secretary. The Secretary shall allocate the amount payable among 
the uniformed services using such methods and data as the Secretary 
determines to be reasonable and practicable. Payments under this 
paragraph shall be made on a monthly basis or at such other intervals 
as may be specified by the Secretary and shall be made within 10 days 
of the date on which the Secretary provides notice to the Secretary 
concerned of the amount required.
    ``(7) For each period for which a payment by a Secretary concerned 
is required under paragraph (6), the Secretary concerned shall 
contribute such amount from appropriations available for active duty 
pay of the uniformed service concerned.
    ``(8) The sums withheld from the basic or other pay of members, or 
collected from them by the Secretary concerned, under this subsection, 
and the sums contributed from appropriations under this subsection, 
together with the income derived from any dividends or premium rate 
adjustments received from insurers shall be deposited to the credit of 
the revolving fund established in the Treasury of the United States 
under section 1869(d)(1) of this title.''.
            (6) Subsection (f) is amended to read as follows:
    ``(f) When a claim for benefits is submitted under this section, 
the Secretary of Defense or, in the case of a member not under the 
jurisdiction of the Secretary of Defense, the Secretary concerned shall 
certify to the Secretary whether the member with respect to whom the 
claim is submitted--
            ``(1) was at the time of the injury giving rise to the 
        claim insured under Servicemembers' Group Life Insurance for 
        the purposes of this section; and
            ``(2) has sustained a qualifying loss.''.
            (7) Subsection (g) of such section is amended--
                    (A) by inserting ``(1)'' after ``(g)'';
                    (B) by striking ``will not be made'' and inserting 
                ``may not be made under the insurance coverage under 
                this section'';
                    (C) by striking ``the period'' and all that follows 
                through ``the date'' and inserting ``a period 
                prescribed by the Secretary, by regulation, for such 
                purpose that begins on the date'';
                    (D) by designating the second sentence as paragraph 
                (2);
                    (E) by striking ``If the member'' and inserting 
                ``If a member eligible for a payment under this 
                section'' ;
                    (F) by striking ``will be'' and inserting ``shall 
                be''; and
                    (G) by striking ``according to'' and all that 
                follows and inserting ``to the beneficiary or 
                beneficiaries to whom the payment would be made if the 
                payment were life insurance under section 1967(a) of 
                this title.''.
            (8) Subsection (h) of such section is amended--
                    (A) in the first sentence, by striking ``member's 
                separation from the uniformed services'' and inserting 
                ``termination of the member's duty status in the 
                uniformed services that established eligibility for 
                Servicemembers' Group Life Insurance'';
                    (B) by striking the second sentence; and
                    (C) by adding at the end the following new 
                sentence: ``The termination of coverage under this 
                section is effective in accordance with the preceding 
                sentence, notwithstanding any continuation after the 
                date specified in that sentence of Servicemembers' 
                Group Life Insurance coverage pursuant to 1968(a) of 
                this title for a period specified in that section.''.
            (9) Such section is further amended by adding at the end 
        the following new subsection:
    ``(j) Regulations under this section shall be prescribed in 
consultation with the Secretary of Defense.''.
    (b) Effective Date.--Section 1980A of title 38, United States Code, 
as amended by subsection (a), shall take effect on December 1, 2005, 
and (except as provided in subsection (d)) shall apply with respect to 
losses resulting from traumatic injuries incurred on or after that 
date.
    (c) Deadline for Implementing Regulations.--Regulations to carry 
out section 1980A of title 38, United States Code, as amended by 
subsection (a), shall be prescribed not later than December 1, 2005.
    (d) Applicability to Prior Qualifying Losses Incurred in Operation 
Enduring Freedom and Operation Iraqi Freedom.--
            (1) Eligibility.--A member of the uniformed services who 
        during the period beginning on October 7, 2001, and ending at 
        the close of November 30, 2005, sustains a traumatic injury 
        resulting in a qualifying loss is eligible for coverage for 
        that loss under section 1980A of title 38, United States Code, 
        as amended by subsection (a), 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.
            (2) Certification of persons entitled to payment.--The 
        Secretary concerned shall certify to the life insurance company 
        issuing the policy of life insurance for Servicemembers' Group 
        Life Insurance under chapter 19 of title 38, United States 
        Code, the name and address of each person who the Secretary 
        concerned determines to be entitled by reason of paragraph (1) 
        to a payment under section 1980A of title 38, United States 
        Code, as amended by subsection (a), plus such additional 
        information as the Secretary of Veterans Affairs may require.
            (3) Funding.--At the time a certification is made under 
        paragraph (2), the Secretary concerned, from funds then 
        available to that Secretary for the pay of members of the 
        uniformed services under the jurisdiction of that Secretary, 
        shall pay to the Secretary of Veterans Affairs the amount of 
        funds the Secretary of Veterans Affairs determines to be 
        necessary to pay all costs related to payments to be made under 
        that certification. Amounts received by the Secretary of 
        Veterans Affairs under this paragraph shall be deposited to the 
        credit of the revolving fund in the Treasury of the United 
        States established under section 1969(d) of title 38, United 
        States Code.
            (4) Qualifying loss.--For purposes of this subsection, the 
        term ``qualifying loss'' means--
                    (A) a loss specified in the second sentence of 
                subsection (b)(1) of section 1980A of title 38, United 
                States Code, as amended by subsection (a); and
                    (B) any other loss specified by the Secretary of 
                Veterans Affairs pursuant to the first sentence of that 
                subsection.
    (e) Funding for First Year of Benefits.--Upon the date specified in 
subsection (b), the Secretary concerned shall pay to the Secretary of 
Veterans Affairs an amount that is equivalent to one-half the amount 
anticipated to be necessary to pay all costs related to payments to be 
made under section 1980A of title 38, United States Code, for fiscal 
year 2006, effective December 1, 2005. The amount received by the 
Secretary of Veterans Affairs under this subsection shall be deposited 
to the credit of the revolving fund in the Treasury of the United 
States established under section 1969(d) of title 38, United States 
Code.
    (f) Definitions.--For purposes of this section, the term 
``Secretary concerned'' has the meaning given that term in paragraph 
(25) of section 101 of title 38, United States Code.
    (g) Conforming Amendments.--Section 1032 of Public Law 109-13 (119 
Stat. 257) is amended--
            (1) in subsection (a), by striking paragraph (1), including 
        the amendment that would be made by that paragraph effective 
        December 1, 2005; and
            (2) by striking subsections (c) and (d).

SEC. 402. TECHNICAL AND CLERICAL AMENDMENTS.

    Title 38, United States Code, is amended as follows:
            (1) Typographical error.--Section 1117(h)(1) is amended by 
        striking ``nothwithstanding'' and inserting 
        ``notwithstanding''.
            (2) Insertion of missing word.--Section 1513(a) is amended 
        by inserting ``section'' after ``prescribed by''.
            (3) Deletion of extra words.--Section 3012(a)(1)(C)(ii) is 
        amended by striking ``on or''.
            (4) Cross reference correction.--Section 3017(b)(1)(D) is 
        amended by striking ``3011(c)'' and inserting ``3011(e)''.
            (5) Stylistic amendments.--Section 3018A is amended--
                    (A) by striking ``of this section'' in subsections 
                (b) and (c);
                    (B) by striking ``of this subsection'' in 
                subsections (a)(4), (a)(5), (d)(1) (both places it 
                appears), and (d)(3); and
                    (C) by striking ``of this chapter'' in subsection 
                (d)(3) and inserting ``of this title''.
            (6) Cross reference correction.--Section 3117(b)(1) is 
        amended--
                    (A) by striking ``section 8'' and inserting 
                ``section 4(b)(1)''; and
                    (B) by striking ``633(b)'' and inserting 
                ``633(b)(1)''.
            (7) Insertion of missing word.--Section 3511(a)(1) is 
        amended by inserting ``sections'' after ``under both''.
            (8) Subsection headings.--
                    (A) Sections 3461, 3462, 3481, 3565, 3680, and 3690 
                are each amended by revising each subsection heading 
                for a subsection therein (appearing as a centered 
                heading immediately before the text of the subsection) 
                so that such heading appears immediately after the 
                subsection designation and is set forth in capitals-
                and-small-capitals typeface, followed by a period and a 
                one-em dash.
                    (B) Section 3461(c) is amended by inserting after 
                the subsection designation the following: ``Duration of 
                Entitlement.--''.
                    (C) Section 3462 is amended--
                            (i) in subsection (d), by inserting after 
                        the subsection designation the following: 
                        ``Prisoners of War.--''; and
                            (ii) in subsection (e), by inserting after 
                        the subsection designation the following: 
                        ``Termination of Assistance.--''.
            (9) Cross reference correction.--Section 3732(c)(10)(D) is 
        amended by striking ``clause (B) of paragraphs (5), (6), (7), 
        and (8) of this subsection'' and inserting ``paragraphs (5)(B), 
        (6), (7)(B), and (8)(B)''.
            (10) Date of enactment reference.--Section 3733(a)(7) is 
        amended by striking ``the date of the enactment of the 
        Veterans' Benefits Act of 2003'' and inserting ``December 16, 
        2003''.
            (11) Repeal of obsolete provisions.--Section 4102A is 
        amended
                    (A) in subsection (c)(7)--
                            (i) by striking ``With respect to program 
                        years beginning during or after fiscal year 
                        2004, one percent of'' and inserting ``Of''; 
                        and
                            (ii) by striking ``for the program year'' 
                        and inserting ``for any program year, one 
                        percent''; and
                    (B) in subsection (f)(1), by striking ``By not 
                later than May 7, 2003, the'' and inserting ``The''.
            (12) Repeal of obsolete provisions.--Section 4105(b) is 
        amended--
                    (A) by striking ``shall provide,'' and all that 
                follows through ``Affairs with'' and inserting ``shall, 
                on the 15th day of each month, provide the Secretary 
                and the Secretary of Veterans Affairs with updated 
                information regarding''; and
                    (B) by striking ``and shall'' and all that follows 
                through ``regarding the list''.
            (13) Citation correction.--Section 4110B is amended--
                    (A) by striking ``this Act'' and inserting ``the 
                Workforce Investment Act of 1998''; and
                    (B) by inserting ``(29 U.S.C. 2822(b))'' before the 
                period at the end.
            (14) Cross-reference correction.--Section 4331(b)(2)(C) is 
        amended by striking ``section 2303(a)(2)(C)(ii)'' and inserting 
        ``section 2302(a)(2)(C)(ii)''.
            (15) Capitalization correction.--Section 7253(d)(5) is 
        amended by striking ``court'' and inserting ``Court''.
            Amend the title so as to read: ``A bill to provide adaptive 
        housing assistance to disabled veterans residing temporarily in 
        housing owned by a family member, to make certain improvements 
        in veterans employment assistance programs, and for other 
        purposes.''.
                                                 Union Calendar No. 144

109th CONGRESS

  1st Session

                               H. R. 3665

                          [Report No. 109-263]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to provide adaptive housing assistance to disabled 
 veterans residing temporarily in housing owned by a family member and 
to make direct housing loans to Native American veterans, and for other 
                               purposes.

_______________________________________________________________________

                            November 1, 2005

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed