[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1235 Reported in Senate (RS)]







                                                       Calendar No. 218
109th CONGRESS
  1st Session
                                S. 1235

                          [Report No. 109-139]

To amend chapters 19 and 37 of title 38, United States Code, to extend 
the availability of $400,000 in coverage under the servicemembers' life 
 insurance and veterans' group life insurance programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2005

   Mr. Craig introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           September 21, 2005

 Reported by Mr. Craig, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend chapters 19 and 37 of title 38, United States Code, to extend 
the availability of $400,000 in coverage under the servicemembers' life 
 insurance and veterans' group life insurance programs, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Veterans' Benefits 
Improvement Act of 2005''.</DELETED>

<DELETED>SEC. 2. GROUP LIFE INSURANCE.</DELETED>

<DELETED>    (a) Servicemembers' Group Life Insurance.--Section 1967 of 
title 38, United States Code, as in effect on October 1, 2005, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2), by adding at the end 
                the following:</DELETED>
<DELETED>    ``(C) With respect to a policy of insurance covering an 
insured member, the Secretary of Defense shall make a good-faith effort 
to notify the spouse of a member if the member elects, at any time, 
to--</DELETED>
        <DELETED>    ``(i) reduce amounts of insurance coverage of an 
        insured member; or</DELETED>
        <DELETED>    ``(ii) name a beneficiary other than the insured 
        member's spouse.</DELETED>
<DELETED>    ``(D) The failure of the Secretary of Defense to provide 
timely notification under subparagraph (C) shall not affect the 
validity of an election by the member.</DELETED>
<DELETED>    ``(E) If a servicemember marries or remarries after making 
an election under subparagraph (C), the Secretary of Defense is not 
required to notify the spouse of such election. Elections made after 
marriage or remarriage are subject to the notice requirement under 
subparagraph (C).''; and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking clause (i) and inserting the 
                        following:</DELETED>
        <DELETED>    ``(i) In the case of a member, $400,000.''; 
        and</DELETED>
                        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (d), by striking ``$250,000'' 
        and inserting ``$400,000''.</DELETED>
<DELETED>    (b) Duration of Coverage.--Section 1968(a) of title 38, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(A), by striking ``one year'' 
        and inserting ``2 years''; and</DELETED>
        <DELETED>    (2) in paragraph (4), by striking ``one year'' and 
        inserting ``2 years''.</DELETED>
<DELETED>    (c) Veterans' Group Life Insurance.--Section 1977(a) of 
title 38, United States Code, as in effect on October 1, 2005, is 
amended by striking ``$250,000'' each place it appears and inserting 
``$400,000''.</DELETED>

<DELETED>SEC. 3. ADJUSTABLE RATE MORTGAGES.</DELETED>

<DELETED>    Section 3707(c)(4) of title 38, United States Code, is 
amended by striking ``1 percentage point'' and inserting ``such 
percentage as the Secretary may prescribe''.</DELETED>

<DELETED>SEC. 4. EFFECTIVE DATE.</DELETED>

<DELETED>    The amendments made by this Act shall take effect on 
October 1, 2005, immediately after the execution of section 1012(i) of 
Public Law 109-13.</DELETED>

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.
            Amend the title so as to read: ``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.''.
                                                       Calendar No. 218

109th CONGRESS

  1st Session

                                S. 1235

                          [Report No. 109-139]

_______________________________________________________________________

                                 A BILL

To amend chapters 19 and 37 of title 38, United States Code, to extend 
the availability of $400,000 in coverage under the servicemembers' life 
 insurance and veterans' group life insurance programs, and for other 
                               purposes.

_______________________________________________________________________

                           September 21, 2005

        Reported with an amendment and an amendment to the title