[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1235 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
May 22, 2006.
Resolved, That the bill from the Senate (S. 1235) entitled ``An Act to amend
title 38, United States Code, to extend the availability of $400,000 in life
insurance coverage to servicemembers and veterans, to make a stillborn child an
insurable dependent for purposes of the Servicemembers' Group Life Insurance
program, to make technical corrections to the Veterans Benefits Improvement Act
of 2004, to make permanent a pilot program for direct housing loans for Native
American veterans, and to require an annual plan on outreach activities of the
Department of Veterans Affairs'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Housing
Opportunity and Benefits Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HOUSING MATTERS
Sec. 101. Adapted housing assistance for disabled veterans residing
temporarily in housing owned by family
member.
Sec. 102. Adjustable rate mortgages.
Sec. 103. Permanent authority to make direct housing loans to Native
American veterans.
Sec. 104. Extension of eligibility for direct loans for Native American
veterans to a veteran who is the spouse of
a Native American.
Sec. 105. Technical corrections to Veterans Benefits Improvement Act of
2004.
TITLE II--EMPLOYMENT MATTERS
Sec. 201. 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. 202. Modifications to the Advisory Committee on Veterans
Employment and Training.
Sec. 203. Reauthorization of appropriations for homeless veterans
reintegration programs.
TITLE III--LIFE AND HEALTH INSURANCE MATTERS
Sec. 301. Duration of Servicemembers' Group Life Insurance coverage for
totally disabled veterans following
separation from service.
Sec. 302. Limitation on premium increases for reinstated health
insurance of servicemembers released from
active military service.
Sec. 303. Preservation of employer-sponsored health plan coverage for
certain reserve-component members who
acquire TRICARE eligibility.
TITLE IV--OTHER MATTERS
Sec. 401. Inclusion of additional diseases and conditions in diseases
and disabilities presumed to be associated
with prisoner of war status.
Sec. 402. Consolidation and revision of outreach authorities.
Sec. 403. Extension of annual report requirement on equitable relief
cases.
TITLE V--TECHNICAL AMENDMENTS
Sec. 501. Technical and clarifying amendments to new traumatic injury
protection coverage under Servicemembers'
Group Life Insurance.
Sec. 502. Terminology amendments to revise references to certain
veterans in provisions relating to
eligibility for compensation or dependency
and indemnity compensation.
Sec. 503. Technical and clerical amendments.
TITLE I--HOUSING MATTERS
SEC. 101. ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS RESIDING
TEMPORARILY IN HOUSING OWNED BY A 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 a family member
``(a) Provision of Assistance.--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) Amount of Assistance.--The assistance authorized under
subsection (a) may not exceed--
``(1) $14,000, 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) Limitation.--The assistance authorized by subsection (a)
shall be limited in the case of any veteran to one residence.
``(d) Regulations.--Assistance under this section shall be provided
in accordance with such regulations as the Secretary may prescribe.
``(e) Termination.--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 Opportunity and Benefits
Improvement Act of 2006.''.
(b) Limitations on Adapted 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 Amendments.--The table of sections at the beginning of
such chapter 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 a family member.'';
and
(2) by adding at the end the following new item:
``2107. Coordination of administration of benefits.''.
(e) GAO Reports.--
(1) Interim report.--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) Final report.--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.
(f) Temporary Increase in Certain Housing Loan Fees.--For a
subsequent loan described in subsection (a) of section 3710 of title
38, United States Code, to purchase or construct a dwelling with 0-down
or any other subsequent loan described in that subsection, other than a
loan with 5-down or 10-down, that is closed during fiscal year 2007,
the Secretary of Veterans Affairs shall apply section 3729(b)(2) of
such title by substituting ``3.35'' for ``3.30''.
SEC. 102. ADJUSTABLE RATE MORTGAGES.
Section 3707A(c)(4) of title 38, United States Code, is amended by
striking ``1 percentage point'' and inserting ``such percentage points
as the Secretary may prescribe''.
SEC. 103. 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 benefits
report of the Veterans Benefits Administration information concerning
the cost and number of loans provided under this subchapter for the
fiscal year covered by the report.''.
(c) Conforming Amendments.--
(1) Section 3762.--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) Conforming repeal.--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. 104. 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) Treatment of Non-Native American Veterans.--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) Use of Loan.--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) Restrictions Imposed by Tribal Organizations.--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)(1), 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. 105. TECHNICAL CORRECTIONS TO VETERANS BENEFITS IMPROVEMENT ACT OF
2004.
(a) Corrections.--Section 2101 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits Improvement Act of 2004
(Public Law 108-454; 118 Stat. 3614), is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) a new subsection (c)
consisting of the text of subsection (c) of such section 2101
as in effect immediately before the enactment of such Act,
modified--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``paragraph (1), (2), or (3)'' and inserting
``subparagraph (A), (B), (C), or (D) of
paragraph (2)''; and
(ii) in the second sentence, by striking
``the second sentence'' and inserting
``paragraph (3)''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``paragraph (1)'' and inserting ``paragraph
(2)''; and
(ii) in the second sentence, by striking
``paragraph (2)'' and inserting ``paragraph
(3)''; and
(3) in subsection (a)(3), by striking ``subsection (c)'' in
the matter preceding subparagraph (A) and inserting
``subsection (d)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as of December 10, 2004, as if enacted immediately after
the enactment of the Veterans Benefits Improvement Act of 2004 on that
date.
TITLE II--EMPLOYMENT MATTERS
SEC. 201. 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.
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 and 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.''.
SEC. 202. MODIFICATIONS TO THE ADVISORY COMMITTEE ON VETERANS
EMPLOYMENT AND TRAINING.
(a) Committee Name.--
(1) Change of name.--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) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 4110. Advisory Committee on Veterans Employment, Training, and
Employer Outreach''.
(3) Table of sections.--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) References.--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 Advisory 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 Advisory Committee Membership.--
(1) Membership.--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 United States 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) Conforming amendments.--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: ``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''.
SEC. 203. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS
REINTEGRATION PROGRAMS.
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 III--LIFE AND HEALTH INSURANCE MATTERS
SEC. 301. DURATION OF SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR
TOTALLY DISABLED VETERANS FOLLOWING SEPARATION FROM
SERVICE.
(a) Separation or Release From Active Duty.--
(1) Extension of period of coverage.--Paragraph (1)(A) of
section 1968(a) of title 38, United States Code, is amended by
striking ``shall cease'' and all that follows and inserting
``shall cease on the earlier of the following dates (but in no
event before the end of 120 days after such separation or
release):
``(i) The date on which the insured ceases
to be totally disabled.
``(ii) The date that is--
``(I) two years after the date of
separation or release from such active
duty or active duty for training, in
the case of such a separation or
release during the period beginning on
the date that is one year before the
date of the enactment of Veterans'
Housing Opportunity and Benefits
Improvement Act of 2006 and ending on
September 30, 2011; and
``(II) 18 months after the date of
separation or release from such active
duty or active duty for training, in
the case of such a separation or
release on or after October 1, 2011.''.
(2) Technical amendments.--Paragraph (1) of such section is
further amended--
(A) in the matter preceding subparagraph (A), by
striking ``shall cease--'' and inserting ``shall cease
as follows:''; and
(B) in subparagraph (B), by striking ``at'' after
``(B)'' and inserting ``At''.
(b) Separation or Release From Certain Reserve Assignments.--
Paragraph (4) of such section is amended by striking ``shall cease''
the second place it appears and all that follows and inserting ``shall
cease on the earlier of the following dates (but in no event before the
end of 120 days after separation or release from such assignment):
``(A) The date on which the insured ceases to be
totally disabled.
``(B) The date that is--
``(i) two years after the date of
separation or release from such assignment, in
the case of such a separation or release during
the period beginning on the date that is one
year before the date of the enactment of
Veterans' Housing Opportunity and Benefits
Improvement Act of 2006 and ending on September
30, 2011; and
``(ii) 18 months after the date of
separation or release from such assignment, in
the case of such a separation or release on or
after October 1, 2011.''.
SEC. 302. LIMITATION ON PREMIUM INCREASES FOR REINSTATED HEALTH
INSURANCE OF SERVICEMEMBERS RELEASED FROM ACTIVE MILITARY
SERVICE.
(a) Premium Protection.--Section 704 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 594) is amended by adding at the end the
following new subsection:
``(e) Limitation on Premium Increases.--
``(1) Premium protection.--The amount of the premium for
health insurance coverage that was terminated by a
servicemember and required to be reinstated under subsection
(a) may not be increased, for the balance of the period for
which coverage would have been continued had the coverage not
been terminated, to an amount greater than the amount
chargeable for such coverage before the termination.
``(2) Increases of general applicability not precluded.--
Paragraph (1) does not prevent an increase in premium to the
extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health
insurance coverage for persons similarly covered by such
insurance during the period between the termination and the
reinstatement.''.
(b) Technical Amendment.--Subsection (b)(3) of such section is
amended by striking ``if the'' and inserting ``in a case in which
the''.
SEC. 303. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN COVERAGE FOR
CERTAIN RESERVE-COMPONENT MEMBERS WHO ACQUIRE TRICARE
ELIGIBILITY.
(a) Continuation of Coverage.--Subsection (a)(1) of section 4317 of
title 38, United States Code, is amended by inserting after ``by reason
of service in the uniformed services,'' the following: ``or such person
becomes eligible for medical and dental care under chapter 55 of title
10 by reason of subsection (d) of section 1074 of that title,''.
(b) Reinstatement of Coverage.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting after ``by reason of service in
the uniformed services,'' the following: ``or by reason
of the person's having become eligible for medical and
dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title,''; and
(B) by inserting ``or eligibility'' before the
period at the end of the first sentence; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a person whose coverage under a health plan is
terminated by reason of the person having become eligible for medical
and dental care under chapter 55 of title 10 by reason of subsection
(d) of section 1074 of that title but who subsequently does not
commence a period of active duty under the order to active duty that
established such eligibility because the order is canceled before such
active duty commences, the provisions of paragraph (1) relating to any
exclusion or waiting period in connection with the reinstatement of
coverage under a health plan shall apply to such person's continued
employment, upon the termination of such eligibility for medical and
dental care under chapter 55 of title 10 that is incident to the
cancellation of such order, in the same manner as if the person had
become reemployed upon such termination of eligibility.''.
TITLE IV--OTHER MATTERS
SEC. 401. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN DISEASES
AND DISABILITIES PRESUMED TO BE ASSOCIATED WITH PRISONER
OF WAR STATUS.
Section 1112(b)(3) of title 38, United States Code, is amended by
adding at the end the following new subparagraphs:
``(L) Atherosclerotic heart disease or hypertensive
vascular disease (including hypertensive heart disease) and
their complications (including myocardial infarction,
congestive heart failure and arrhythmia).
``(M) Stroke and its complications.''.
SEC. 402. CONSOLIDATION AND REVISION OF OUTREACH AUTHORITIES.
(a) In General.--Part IV of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 63--OUTREACH ACTIVITIES
`` 6301. Purpose; definitions.
`` 6302. Biennial plan.
`` 6303. Outreach services.
`` 6304. Veterans assistance offices.
`` 6305. Outstationing of counseling and outreach personnel.
`` 6306. Use of other agencies.
`` 6307. Outreach for eligible dependents.
`` 6308. Biennial report to Congress.
``Sec. 6301. Purpose; definitions
``(a) Purpose.--The Congress declares that--
``(1) the outreach services program authorized by this
chapter is for the purpose of ensuring that all veterans
(especially those who have been recently discharged or released
from active military, naval, or air service and those who are
eligible for readjustment or other benefits and services under
laws administered by the Department) are provided timely and
appropriate assistance to aid and encourage them in applying
for and obtaining such benefits and services in order that they
may achieve a rapid social and economic readjustment to
civilian life and obtain a higher standard of living for
themselves and their dependents; and
``(2) the outreach services program authorized by this
chapter is for the purpose of charging the Department with the
affirmative duty of seeking out eligible veterans and eligible
dependents and providing them with such services.
``(b) Definitions.--For the purposes of this chapter--
``(1) the term `other governmental programs' includes all
programs under State or local laws as well as all programs
under Federal law other than those authorized by this title;
and
``(2) the term `eligible dependent' means a spouse,
surviving spouse, child, or dependent parent of a person who
served in the active military, naval, or air service.
``Sec. 6302. Biennial plan
``(a) Biennial Plan Required.--The Secretary shall, during the
first nine months of every odd-numbered year, prepare a biennial plan
for the outreach activities of the Department for the two-fiscal-year
period beginning on October 1 of that year.
``(b) Elements.--Each biennial plan under subsection (a) shall
include the following:
``(1) Plans for efforts to identify eligible veterans and
eligible dependents who are not enrolled or registered with the
Department for benefits or services under the programs
administered by the Secretary.
``(2) Plans for informing eligible veterans and eligible
dependents of modifications of the benefits and services under
the programs administered by the Secretary, including
eligibility for medical and nursing care and services.
``(c) Coordination in Development.--In developing the biennial plan
under subsection (a), the Secretary shall consult with the following:
``(1) Directors or other appropriate officials of
organizations approved by the Secretary under section 5902 of
this title.
``(2) Directors or other appropriate officials of State and
local education and training programs.
``(3) Representatives of nongovernmental organizations that
carry out veterans outreach programs.
``(4) Representatives of State and local veterans
employment organizations.
``(5) Other individuals and organizations that the
Secretary considers appropriate.
``Sec. 6303. Outreach services
``(a) Requirement to Provide Services.--In carrying out the
purposes of this chapter, the Secretary shall provide the outreach
services specified in subsections (b) through (d). In areas where a
significant number of eligible veterans and eligible dependents speak a
language other than English as their principal language, such services
shall, to the maximum feasible extent, be provided in the principal
language of such persons.
``(b) Individual Notice to New Veterans.--The Secretary shall by
letter advise each veteran at the time of the veteran's discharge or
release from active military, naval, or air service (or as soon as
possible after such discharge or release) of all benefits and services
under laws administered by the Department for which the veteran may be
eligible. In carrying out this subsection, the Secretary shall ensure,
through the use of veteran-student services under section 3485 of this
title, that contact, in person or by telephone, is made with those
veterans who, on the basis of their military service records, do not
have a high school education or equivalent at the time of discharge or
release.
``(c) Distribution of Information.--(1) The Secretary--
``(A) shall distribute full information to eligible
veterans and eligible dependents regarding all benefits and
services to which they may be entitled under laws administered
by the Secretary; and
``(B) may, to the extent feasible, distribute information
on other governmental programs (including manpower and training
programs) which the Secretary determines would be beneficial to
veterans.
``(2) Whenever a veteran or dependent first applies for any benefit
under laws administered by the Secretary (including a request for
burial or related benefits or an application for life insurance
proceeds), the Secretary shall provide to the veteran or dependent
information concerning benefits and health care services under programs
administered by the Secretary. Such information shall be provided not
later than three months after the date of such application.
``(d) Provision of Aid and Assistance.--The Secretary shall
provide, to the maximum extent possible, aid and assistance (including
personal interviews) to members of the Armed Forces, veterans, and
eligible dependents with respect to subsections (b) and (c) and in the
preparation and presentation of claims under laws administered by the
Department.
``(e) Assignment of Employees.--In carrying out this section, the
Secretary shall assign such employees as the Secretary considers
appropriate to conduct outreach programs and provide outreach services
for homeless veterans. Such outreach services may include site visits
through which homeless veterans can be identified and provided
assistance in obtaining benefits and services that may be available to
them.
``Sec. 6304. Veterans assistance offices
``(a) In General.--The Secretary shall establish and maintain
veterans assistance offices at such places throughout the United States
and its territories and possessions, and in the Commonwealth of Puerto
Rico, as the Secretary determines to be necessary to carry out the
purposes of this chapter. The Secretary may maintain such offices on
such military installations located elsewhere as the Secretary, after
consultation with the Secretary of Defense and taking into account
recommendations, if any, of the Secretary of Labor, determines to be
necessary to carry out such purposes.
``(b) Location of Offices.--In establishing and maintaining such
offices, the Secretary shall give due regard to--
``(1) the geographical distribution of veterans recently
discharged or released from active military, naval, or air
service;
``(2) the special needs of educationally disadvantaged
veterans (including their need for accessibility of outreach
services); and
``(3) the necessity of providing appropriate outreach
services in less populated areas.
``Sec. 6305. Outstationing of counseling and outreach personnel
``The Secretary may station employees of the Department at
locations other than Department offices, including educational
institutions, to provide--
``(1) counseling and other assistance regarding benefits
under this title to veterans and other persons eligible for
benefits under this title; and
``(2) outreach services under this chapter.
``Sec. 6306. Use of other agencies
``(a) In carrying out this chapter, the Secretary shall arrange
with the Secretary of Labor for the State employment service to match
the particular qualifications of an eligible veteran or eligible
dependent with an appropriate job or job training opportunity,
including, where possible, arrangements for outstationing the State
employment personnel who provide such assistance at appropriate
facilities of the Department.
``(b) In carrying out this chapter, the Secretary shall, in
consultation with the Secretary of Labor, actively seek to promote the
development and establishment of employment opportunities, training
opportunities, and other opportunities for veterans, with particular
emphasis on the needs of veterans with service-connected disabilities
and other eligible veterans, taking into account applicable rates of
unemployment and the employment emphases set forth in chapter 42 of
this title.
``(c) In carrying out this chapter, the Secretary shall cooperate
with and use the services of any Federal department or agency or any
State or local governmental agency or recognized national or other
organization.
``(d) In carrying out this chapter, the Secretary shall, where
appropriate, make referrals to any Federal department or agency or
State or local governmental unit or recognized national or other
organization.
``(e) In carrying out this chapter, the Secretary may furnish
available space and office facilities for the use of authorized
representatives of such governmental unit or other organization
providing services.
``(f) In carrying out this chapter, the Secretary shall conduct and
provide for studies, in consultation with appropriate Federal
departments and agencies, to determine the most effective program
design to carry out the purposes of this chapter.
``Sec. 6307. Outreach for eligible dependents
``(a) Needs of Dependents.--In carrying out this chapter, the
Secretary shall ensure that the needs of eligible dependents are fully
addressed.
``(b) Information as to Availability of Outreach Services for
Dependents.--The Secretary shall ensure that the availability of
outreach services and assistance for eligible dependents under this
chapter is made known through a variety of means, including the
Internet, announcements in veterans publications, and announcements to
the media.
``Sec. 6308. Biennial report to Congress
``(a) Report Required.--The Secretary shall, not later than
December 1 of every even-numbered year (beginning in 2008), submit to
Congress a report on the outreach activities carried out by the
Department.
``(b) Content.--Each report under this section shall include the
following:
``(1) A description of the implementation during the
preceding fiscal year of the current biennial plan under
section 6302 of this title.
``(2) Recommendations for the improvement or more effective
administration of the outreach activities of the Department.''.
(b) Incorporation of Recommendations to Improve Outreach and
Awareness.--The Secretary of Veterans Affairs shall, to the extent
appropriate, incorporate the recommendations for the improvement of
veterans outreach and awareness activities included in the report
submitted to Congress by the Secretary pursuant to section 805 of the
Veterans Benefits Improvement Act of 2004 (Public Law 108-454).
(c) Repeal of Recodified Provisions.--Subchapter II of chapter 77
of title 38, United States Code, is repealed.
(d) Conforming and Clerical Amendments.--
(1) Subchapter III of chapter 77 of such title is
redesignated as subchapter II.
(2) The table of sections at the beginning of such chapter
is amended by striking the items relating to the heading for
subchapter II, sections 7721 through 7727, and the heading for
subchapter III and inserting the following:
``subchapter ii--quality assurance''.
(3) The tables of chapters at the beginning of such title,
and at the beginning of part IV of such title, are amended by
inserting after the item relating to chapter 61 the following
new item:
``63. Outreach Activities................................... 6301''.
(e) Cross-Reference Amendments.--
(1) Section 3485(a)(4)(A) of title 38, United States Code,
is amended by striking ``subchapter II of chapter 77'' and
inserting ``chapter 63''.
(2) Section 4113(a)(2) of such title is amended by striking
``section 7723(a)'' and inserting ``section 6304(a)''.
(3) Section 4214(g) of such title is amended by striking
``section 7722'' and ``section 7724'' and inserting ``section
6303'' and ``section 6305'', respectively.
(4) Section 168(b)(2)(B) of the Workforce Investment Act of
1998 (29 U.S.C. 2913(b)(2)(B)) is amended by striking
``subchapter II of chapter 77'' and inserting ``chapter 63''.
SEC. 403. EXTENSION OF ANNUAL REPORT REQUIREMENT ON EQUITABLE RELIEF
CASES.
Section 503(c) of title 38, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2009''.
TITLE V--TECHNICAL AMENDMENTS
SEC. 501. 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,
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 on or after December 1, 2005, 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.''.
(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 service'' 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) Applicability to Qualifying Losses Incurred in Operation
Enduring Freedom and Operation Iraqi Freedom Before Effective Date of
New Program.--
(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,
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, 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.
(5) Secretary concerned.--For purposes of this subsection,
the term ``Secretary concerned'' has the meaning given that
term in paragraph (25) of section 101 of title 38, United
States Code.
(c) Conforming Amendments.--
(1) Section 1965 of title 38, United States Code, is
amended by striking paragraph (11).
(2) Section 1032(c) of Public Law 109-13 (119 Stat. 257; 38
U.S.C. 1980A note) is repealed.
SEC. 502. 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''.
SEC. 503. 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 ``An Act to amend title 38,
United States Code, to improve and extend housing, insurance,
outreach, and benefits programs provided under the laws
administered by the Secretary of Veterans Affairs, to improve
and extend employment programs for veterans under laws
administered by the Secretary of Labor, and for other
purposes.''.
Attest:
Clerk.
109th CONGRESS
2d Session
S. 1235
_______________________________________________________________________
AMENDMENTS