[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1235 Engrossed in Senate (ES)]
109th CONGRESS
1st Session
S. 1235
_______________________________________________________________________
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.
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 Benefits
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--INSURANCE MATTERS
Sec. 101. Group Life Insurance.
Sec. 102. Treatment of stillborn children as insurable dependents under
Servicemembers' Group Life Insurance
program.
TITLE II--HOUSING MATTERS
Sec. 201. Adjustable rate mortgages.
Sec. 202. Technical corrections to Veterans Benefits Improvement Act of
2004.
Sec. 203. Permanent authority for housing loans for Native American
veterans.
TITLE III--OTHER MATTERS
Sec. 301. Annual plan on outreach activities.
Sec. 302. Extension of reporting requirements on equitable relief
cases.
Sec. 303. Inclusion of additional diseases and conditions in diseases
and disabilities presumed to be associated
with prisoner of war status.
Sec. 304. Post traumatic stress disorder claims.
TITLE I--INSURANCE MATTERS
SEC. 101. GROUP LIFE INSURANCE.
(a) Servicemembers' Group Life Insurance.--Section 1967 of title
38, United States Code, as in effect on October 1, 2005, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following:
``(C) With respect to a policy of insurance covering an insured
member, the Secretary concerned shall make a good-faith effort to
notify the spouse of the member, at the last address of the spouse in
the records of the Secretary concerned, if the member elects, prior to
discharge from the military, naval, or air service, to--
``(i) reduce amounts of insurance coverage of the member;
or
``(ii) name a beneficiary other than the member's spouse or
child.
``(D) The failure of the Secretary concerned to provide timely
notification under subparagraph (C) shall not affect the validity of an
election by a member.
``(E) If an unmarried member marries after having made one or more
elections to reduce or decline insurance coverage or to name
beneficiaries, the Secretary concerned is not required to notify the
spouse of such marriage of such elections. Elections made after such
marriage are subject to the notice requirements under subparagraph
(C).''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) In the case of a member, $400,000.''; and
(ii) in subparagraph (B), by striking
``member or spouse'' and inserting ``member, be
evenly divisible by $50,000 and, in the case of
a member's spouse''; and
(2) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(b) Duration of Coverage.--Section 1968(a) of title 38, United
States Code, is amended--
(1) in paragraph (1)(A), by striking ``one year'' and
inserting ``2 years''; and
(2) in paragraph (4), by striking ``one year'' and
inserting ``2 years''.
(c) Veterans' Group Life Insurance.--Section 1977(a) of title 38,
United States Code, is amended by striking ``$250,000'' each place it
appears and inserting ``$400,000''.
(d) Construction of Certain Other Amendments.--Notwithstanding
subsection (h) of section 1012 of Public Law 109-13, the amendments
made by subsections (a)(1), (c), (d), (e)(2), (f), and (g) of such
section shall not go into effect on September 1, 2005, as otherwise
provided by such subsection (h), and shall not be treated for any
purposes as having gone into effect on that date.
(e) Effective Date.--(1) The amendments made by subsection (a) of
this section shall take effect on September 1, 2005.
(2) The amendments made by subsections (b) and (c) of this section
shall take effect on October 1, 2005, immediately after the execution
of section 1012(i) of Public Law 109-13.
(3) If the date of the enactment of this Act occurs after September
1, 2005, and before October 1, 2005, the provisions of paragraph (2) of
section 1967(a) of title 38, United States Code, shall, for purposes of
the execution of the amendments made by subsection (a) of this section,
be such provisions as in effect on May 10, 2005, the day before the
date of the enactment of Public Law 109-13.
SEC. 102. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM.
(a) Treatment.--Section 1965(10) of title 38, United States Code,
is amended by adding at the end the following new subparagraph:
``(C) The member's stillborn child.''.
(b) Conforming Amendment.--Section 101(4)(A) of such title is
amended by striking ``section 1965(10)(B)'' in the matter preceding
clause (i) and inserting ``subparagraph (B) or (C) of section
1965(10)''.
TITLE II--HOUSING MATTERS
SEC. 201. ADJUSTABLE RATE MORTGAGES.
Section 3707A(c)(4) of title 38, United States Code, is amended by
striking ``1 percentage point'' and inserting ``such percentage as the
Secretary may prescribe''.
SEC. 202. TECHNICAL CORRECTIONS TO VETERANS BENEFITS IMPROVEMENT ACT OF
2004.
(a) In General.--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), is further 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) by inserting after ``(c)'' the following:
``Assistance to Members of the Armed Forces.--'';
(B) 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
(C) 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 immediately after the enactment of the Veterans Benefits
Improvement Act of 2004 (Public Law 108-454).
SEC. 203. PERMANENT AUTHORITY FOR HOUSING LOANS FOR NATIVE AMERICAN
VETERANS.
(a) Permanent Authority.--Section 3761 of title 38, United States
Code, is amended to read as follows:
``Sec. 3761. Authority for housing loans for Native American veterans
``(a) The Secretary shall make direct housing loans to Native
American veterans in accordance with the provisions of this subchapter.
``(b) The purpose of loans under this subchapter is to permit
Native American veterans to purchase, construct, or improve dwellings
on trust land.''.
(b) Conforming Amendments.--Section 3762 of such title is amended--
(1) in subsection (a), by inserting ``under this
subchapter'' after ``Native American veteran'' in the matter
preceding paragraph (1);
(2) in subsection (b)(1)(E), by striking ``in order to
ensure'' and all that follows and inserting a period;
(3) in subsection (c)(1)(B), by striking ``shall be the
amount'' and all that follows in the second sentence and
inserting ``shall be such amount as the Secretary considers
appropriate for the purpose of this subchapter.'';
(4) in subsection (d)(1), by striking the second sentence;
(5) in subsection (i)--
(A) in paragraph (1), by striking ``of the pilot
program'' and all that follows and inserting ``of the
availability of direct housing loans for Native
American veterans under this subchapter.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``under the pilot program'' and all that
follows and inserting ``under this
subchapter''; and
(ii) in subparagraph (E), by striking ``in
participating in the pilot program'' and
inserting ``in participating in the making of
direct loans under this subchapter''; and
(6) by striking subsection (j).
(c) Clerical Amendments.--(1) The heading of subchapter V of
chapter 37 of such title is amended to read as follows:
``Subchapter V--Housing Loans for Native American Veterans''.
(2) The table of contents for such chapter is amended--
(A) by striking the matter relating to the subchapter
heading of subchapter V and inserting the following new item:
``subchapter v--housing loans for native american veterans'';
and
(B) by striking the item relating to section 3761 and
inserting the following new item:
``3761. Authority for housing loans for Native American veterans.''.
TITLE III--OTHER MATTERS
SEC. 301. ANNUAL PLAN ON OUTREACH ACTIVITIES.
(a) Annual Plan Required.--Subchapter II of chapter 5 of title 38,
United States Code, is amended by inserting after section 523 the
following new section:
``Sec. 523A. Annual plan on outreach activities
``(a) Annual Plan Required.--The Secretary shall prepare each year
a plan for the outreach activities of the Department for the following
year.
``(b) Elements.--Each annual plan under subsection (a) shall
include the following:
``(1) Plans for efforts to identify veterans who are not
enrolled or registered with the Department for benefits or
services under the programs administered by the Secretary.
``(2) Plans for informing veterans and their 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 an annual 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 non-governmental organizations
that carry out veterans outreach programs.
``(4) Representatives of State and local veterans
employment organizations.
``(5) Businesses and professional organizations.
``(6) Other individuals and organizations that assist
veterans in adjusting to civilian life.
``(d) Incorporation of Assessment of Previous Annual Plans.--In
developing an annual plan under subsection (a), the Secretary shall
take into account the lessons learned from the implementation of
previous annual plans under such subsection.
``(e) Incorporation of Recommendations To Improve Outreach and
Awareness.--In developing an annual plan under subsection (a), the
Secretary shall 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).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
523 the following new item:
``523A. Annual plan on outreach activities.''.
SEC. 302. EXTENSION OF REPORTING REQUIREMENTS 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''.
SEC. 303. 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. 304. POST TRAUMATIC STRESS DISORDER CLAIMS.
The Secretary shall develop and implement policy and training
initiatives to standardize the assessment of post traumatic stress
disorder disability compensation claims.
Passed the Senate September 28, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1235
_______________________________________________________________________
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.