[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2984 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2984

To amend title 38, United States Code, to expand and enhance veterans' 
                   benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2008

 Mr. Akaka (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to expand and enhance veterans' 
                   benefits, 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' Benefits 
Enhancement Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
                       TITLE I--EDUCATION MATTERS

Sec. 101. Elimination of reporting requirement for prior training.
Sec. 102. Modification of waiting period before affirmation of 
                            enrollment in a correspondence course.
Sec. 103. Elimination of change-of-program application.
Sec. 104. Elimination of wage earning requirement for self-employment 
                            on-job training.
                    TITLE II--OTHER BENEFITS MATTERS

Sec. 201. Staying of claims.
Sec. 202. Management of Board of Veterans' Appeals Docket.
Sec. 203. Authorization of memorial headstones and markers for deceased 
                            remarried surviving spouses of veterans.
Sec. 204. Permanent authority for VA to fund contract medical 
                            disability examinations.
Sec. 205. Modification of servicemembers' group life insurance 
                            coverage.
Sec. 206. Permit VA to provide Temporary Residence Assistance Grants to 
                            certain active duty servicemembers.
Sec. 207. Designation of VA Office of Small Business Programs.
                     TITLE III--HEALTH CARE MATTERS

Sec. 301. Noninstitutional extended care services.
Sec. 302. Extensions of certain authorities.
Sec. 303. Permanent authority for veterans who participated in certain 
                            chemical and biological testing conducted 
                            by the Department of Defense.
Sec. 304. Repeal of certain annual reporting requirements.
Sec. 305. Amendments to annual Gulf War research report.
Sec. 306. Payment for care furnished to CHAMPVA beneficiaries.
Sec. 307. Payor provisions for care furnished to certain children of 
                            Vietnam veterans.
Sec. 308. Disclosures from certain medical records.
Sec. 309. Provision of health-plan contract information and Social 
                            Security number.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Expansion of authority for Department of Veterans Affairs 
                            police officers.
Sec. 402. Uniform allowance for Department of Veterans Affairs police 
                            officers.
Sec. 403. Increase in threshold for major medical facility leases 
                            requiring Congressional approval.

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

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

                       TITLE I--EDUCATION MATTERS

SEC. 101. ELIMINATION OF REPORTING REQUIREMENT FOR PRIOR TRAINING.

    Section 3676(c)(4) is amended by striking ``and the Secretary''.

SEC. 102. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF 
              ENROLLMENT IN A CORRESPONDENCE COURSE.

    Section 3686(b) is amended by striking ``ten'' and inserting 
``five''.

SEC. 103. ELIMINATION OF CHANGE-OF-PROGRAM APPLICATION.

    Section 3691(d) is amended--
            (1) by inserting ``(1)'' following ``another program if--
        '';
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D);
            (3) at the end of subparagraph (C), as redesignated by 
        paragraph (2) of this section, by striking ``or''; and
            (4) by striking the period and inserting ``; or
            ``(2) the change from one program to another is at the same 
        educational institution and that educational institution finds 
        that the new program is suitable to the veteran's or person's 
        aptitudes, interests, and abilities as shall be evidenced by 
        its certification to the Secretary of such veteran's or 
        person's enrollment in the new program.
In the case of a change of program described in paragraph (2), the 
veteran or person will not be required to apply to the Secretary for 
approval of such change.''.

SEC. 104. ELIMINATION OF WAGE EARNING REQUIREMENT FOR SELF-EMPLOYMENT 
              ON-JOB TRAINING.

    Section 3677(b) is amended by adding at the end the following new 
paragraph:
            ``(3) The requirement for certification under paragraph (1) 
        shall not apply to training described in section 3452(e)(2).''.

                    TITLE II--OTHER BENEFITS MATTERS

SEC. 201. STAYING OF CLAIMS.

    (a) In General.--Chapter 5 is amended by inserting before section 
502 the following new section:
``Sec. 501A. Staying of claims
    ``(a) Notwithstanding any other provision of this title, the 
Secretary may temporarily stay the adjudication of a claim or claims 
before the Board of Veterans' Appeals or an agency of original 
jurisdiction when the Secretary determines that the stay is necessary 
to preserve the integrity of a program administered under this title.
    ``(b) The Secretary shall issue regulations describing the factors 
the Secretary will consider in determining whether and to what extent a 
stay is warranted.
    ``(c) A claimant or claimants may petition for review of an action 
under a regulation prescribed in accordance with this section. Such 
review may be sought only in the United States Court of Appeals for the 
Federal Circuit, which may set aside such action if it determines that 
the action is arbitrary and capricious.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
501 the following new item: ``501A. Staying of claims.''.
    (c) Effective Date.--The provisions of section 501A, as added by 
subsection (a) of this section, shall apply to--
            (1) any claim for benefits under any law administered by 
        the Secretary of Veterans Affairs that is received by the 
        Department of Veterans Affairs on or after the date of 
        enactment of this Act; and
            (2) any claim for such benefits that was received by the 
        Department of Veterans Affairs before the date of enactment of 
        this Act but is not finally adjudicated by the Department as of 
        that date.

SEC. 202. MANAGEMENT OF BOARD OF VETERANS' APPEALS DOCKET.

    (a) In General.--Section 7107(a)(1) is amended by inserting before 
the period at the end the following: ``, but the Board may consider and 
decide a particular case before another case with an earlier docket 
number if the earlier case has been stayed, or if a decision on the 
earlier case has been delayed for any reason and the later case is 
fully developed and ready for decision''.
    (b) Effective Date.--The amendment made by subsection (a) of this 
section shall apply to--
            (1) any claim for benefits under a law administered by the 
        Secretary of Veterans Affairs that is received by the 
        Department of Veterans Affairs on or after the date of 
        enactment of this Act; and
            (2) any claim for such benefits that was received by the 
        Department of Veterans Affairs before the date of enactment of 
        this Act but is not finally adjudicated by the Department as of 
        that date.

SEC. 203. AUTHORIZATION OF MEMORIAL HEADSTONES AND MARKERS FOR DECEASED 
              REMARRIED SURVIVING SPOUSES OF VETERANS.

    (a) In General.--Section 2306(b)(4)(B) is amended by striking ``an 
unremarried surviving spouse whose subsequent remarriage was terminated 
by death or divorce'' and inserting ``a surviving spouse who had a 
subsequent remarriage''.
    (b) Effective Date.--The amendments made by this section shall 
apply to deaths occurring on or after the date of the enactment of this 
Act.

SEC. 204. PERMANENT AUTHORITY FOR VA TO FUND CONTRACT MEDICAL 
              DISABILITY EXAMINATIONS.

    (a) Repeal of Expiration of Authority To Fund Contract Medical 
Examinations Using Appropriated Funds.--Section 704 of the Veterans 
Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2651; 38 U.S.C. 
5101 note), is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) by striking ``temporary'' from the heading of section 
        704.

SEC. 205. MODIFICATION OF SERVICEMEMBERS' GROUP LIFE INSURANCE 
              COVERAGE.

    (a) Expansion of Servicemembers' Group Life Insurance To Include 
Certain Members of Individual Ready Reserve.--
            (1) In general.--Subparagraph (C) of section 1967(a)(1) is 
        amended by striking ``section 1965(5)(B) of this title'' and 
        inserting ``subparagraph (B) or (C) of section 1965(5) of this 
        title''.
            (2) Conforming amendments.--
                    (A) Subparagraph (C) of section 1967(a)(5) is 
                amended by striking ``section 1965(5)(B) of this 
                title'' and inserting ``subparagraph (B) or (C) of 
                section 1965(5) of this title''; and
                    (B) Subparagraph (B) of section 1969(g)(1) is 
                amended by striking ``section 1965(5)(B) of this 
                title'' and inserting ``subparagraph (B) or (C) of 
                section 1965(5) of this title''.
    (b) Reduction in Period of Dependents' Coverage After Member 
Separates.--Section 1968(a)(5)(B)(ii) is amended by striking ``120 days 
after''.
    (c) Authority To Set Premiums for Ready Reservists' Spouses.--
Section 1969(g)(1)(B) is amended by striking ``(which shall be the same 
for all such members)''.
    (d) Forfeiture of Veterans' Group Life Insurance.--Section 1973 is 
amended by striking ``under this subchapter'' and inserting ``and 
Veterans' Group Life Insurance under this subchapter''.
    (e) Effective and Applicability Dates.--
            (1) The amendments made by subsection (a) of this section 
        shall take effect on the date of enactment of this Act.
            (2) The amendment made by subsection (b) of this section 
        shall apply with respect to Servicemembers' Group Life 
        Insurance coverage for an insurable dependent of a member, as 
        defined in section 1965(10) of title 38, United States Code, 
        that begins on or after the date of enactment of this Act.
            (3) The amendment made by subsection (c) of this section 
        shall take effect as if enacted on June 5, 2001, immediately 
        after the enactment of the Veterans' Survivor Benefits 
        Improvements Act of 2001 (Public Law 107-14; 115 Stat. 25).
            (4) The amendment made by subsection (d) of this section 
        shall apply with respect to any act of mutiny, treason, spying, 
        or desertion committed on or after the date of enactment of 
        this Act for which a person is found guilty, or with respect to 
        refusal because of conscientious objections to perform service 
        in, or to wear the uniform of, the United States Armed Forces 
        on or after the date of enactment of this Act.

SEC. 206. PERMIT VA TO PROVIDE TEMPORARY RESIDENCE ASSISTANCE GRANTS TO 
              CERTAIN ACTIVE DUTY SERVICEMEMBERS.

    Section 2101(c) is amended to read as follows:
    ``(c) The Secretary may provide assistance under this chapter to a 
member of the Armed Forces serving on active duty who is suffering from 
a disability described in this section if such disability is the result 
of an injury incurred or disease contracted in or aggravated in line of 
duty in the active military, naval, or air service. Such assistance 
shall be provided to the same extent, and subject to the same 
limitations, as assistance is provided to veterans under this 
chapter.''.

SEC. 207. DESIGNATION OF VA OFFICE OF SMALL BUSINESS PROGRAMS.

    The Office of Small Business Programs of the Department of Veterans 
Affairs is the office that is established within the Office of the 
Secretary of Veterans Affairs under section 15(k) of the Small Business 
Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the 
head of such office.

                     TITLE III--HEALTH CARE MATTERS

SEC. 301. NONINSTITUTIONAL EXTENDED CARE SERVICES.

    (a) Section 1701(10) is repealed.
    (b) Section 1701(6) is amended--
            (1) by redesignating subparagraphs (E) and (F) as (F) and 
        (G), respectively; and
            (2) by adding the following new subparagraph (E):
                    ``(E) Noninstitutional extended care services, 
                including alternatives to institutional extended care 
                which the Secretary may furnish (i) directly, (ii) by 
                contract, or (iii) (through provision of case 
                management) by another provider or payor.''.

SEC. 302. EXTENSIONS OF CERTAIN AUTHORITIES.

    (a) Nursing Home Care.--Subsection (c) of section 1710A is amended 
by striking ``December 31, 2008'' and inserting ``December 31, 2013''.
    (b) Research Corporations.--Section 7368 is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2013''.
    (c) Recovery Audits.--Section 1703(d) is amended in paragraph (4) 
by striking ``September 30, 2008'' and inserting ``September 30, 
2013''.

SEC. 303. PERMANENT AUTHORITY FOR VETERANS WHO PARTICIPATED IN CERTAIN 
              CHEMICAL AND BIOLOGICAL TESTING CONDUCTED BY THE 
              DEPARTMENT OF DEFENSE.

    Subsection (e) of section 1710 is amended by striking paragraph 
(3)(D).

SEC. 304. REPEAL OF CERTAIN ANNUAL REPORTING REQUIREMENTS.

    (a) Nurse Pay Report.--Section 7451 is amended by--
            (1) striking subsection (f); and
            (2) redesignating subsection (g) as subsection (f).
    (b) Long-Term Planning Report.--Section 8107 is repealed.

SEC. 305. AMENDMENTS TO ANNUAL GULF WAR RESEARCH REPORT.

    Section 707 of the Persian Gulf War Veterans' Health Status Act 
(title VII of Public Law 102-585; 106 Stat. 4943; 38 U.S.C. 527 note) 
is amended in subsection (c)(1), by striking ``Not later than March 1 
of each year'' and inserting ``Not later than July 1, 2008, and July 1 
of each of the five following years''.

SEC. 306. PAYMENT FOR CARE FURNISHED TO CHAMPVA BENEFICIARIES.

    Section 1781 is amended at the end by adding the following new 
subsection:
    ``(e) Payment by the Secretary under this section on behalf of a 
covered beneficiary for medical care shall constitute payment in full 
and extinguish any liability on the part of the beneficiary for that 
care.''.

SEC. 307. PAYOR PROVISIONS FOR CARE FURNISHED TO CERTAIN CHILDREN OF 
              VIETNAM VETERANS.

    (a) Children of Vietnam Veterans Born With Spina Bifida.--Section 
1803 is amended--
            (1) by redesignating subsection (c) as (d); and
            (2) by inserting new subsection (c) as follows:
    ``(c) Where payment by the Secretary under this section is less 
than the amount of the charges billed, the health care provider or 
agent of the health care provider may seek payment for the difference 
between the amount billed and the amount paid by the Secretary from a 
responsible third party to the extent that the provider or agent 
thereof would be eligible to receive payment for such care or services 
from such third party, but--
            ``(1) the health care provider or agent for the health care 
        provider may not impose any additional charge on the 
        beneficiary who received the medical care, or the family of 
        such beneficiary, for any service or item for which the 
        Secretary has made payment under this section;
            ``(2) the total amount of payment a provider or agent of 
        the provider may receive for care and services furnished under 
        this section may not exceed the amount billed to the Secretary; 
        and
            ``(3) the Secretary, upon request, shall disclose to such 
        third party information received for the purposes of carrying 
        out this section.''.
    (b) Children of Women Vietnam Veterans Born With Birth Defects.--
Section 1813 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting new subsection (c) as follows:
    ``(c) Where payment by the Secretary under this section is less 
than the amount of the charges billed, the health care provider or 
agent of the health care provider may seek payment for the difference 
between the amount billed and the amount paid by the Secretary from a 
responsible third party to the extent that the health care provider or 
agent thereof would be eligible to receive payment for such care or 
services from such third party, but--
            ``(1) the health care provider or agent for the health care 
        provider may not impose any additional charge on the 
        beneficiary who received medical care, or the family of such 
        beneficiary, for any service or item for which the Secretary 
        has made payment under this section;
            ``(2) the total amount of payment a provider or agent of 
        the provider may receive for care and services furnished under 
        this section may not exceed the amount billed to the Secretary; 
        and
            ``(3) the Secretary, upon request, shall disclose to such 
        third party information received for the purposes of carrying 
        out this section.''.

SEC. 308. DISCLOSURES FROM CERTAIN MEDICAL RECORDS.

    Section 7332(b)(2) of such title is amended by adding at the end 
thereof the following new subparagraph:
                    ``(F)(i) To a representative of a patient who lacks 
                decision-making capacity, when a practitioner deems the 
                content of the given record necessary for that 
                representative to make an informed decision regarding 
                the patient's treatment.
                    ``(ii) In this subparagraph, the term 
                `representative' means an individual, organization or 
                other body authorized under section 7331 of this title 
                and its implementing regulations to give informed 
                consent on behalf of a patient who lacks decision-
                making capacity.''.

SEC. 309. PROVISION OF HEALTH-PLAN CONTRACT INFORMATION AND SOCIAL 
              SECURITY NUMBER.

    Subchapter I of chapter 17 of title 38, United States Code, is 
amended--
            (1) by adding at the end the following new section:
``Sec. 1709. Provision of health-plan contract information and Social 
              Security number
    ``(a) Any individual who applies for or is in receipt of any 
hospital, nursing home, or domiciliary care; medical, rehabilitative, 
or preventive health services; or other medical care under laws 
administered by the Secretary shall, at the time of such application, 
or otherwise when requested by the Secretary, furnish the Secretary 
with such current information as the Secretary may require to identify 
any health-plan contract, as defined in section 1729(i)(1) of this 
title, under which such individual is covered, to include, as 
applicable, the name, address, and telephone number of such health-plan 
contract; the name of the individual's spouse, if the individual's 
coverage is under the spouse's health-plan contract; the plan number, 
and the plan's group code.
    ``(b) Any individual who applies for or is in receipt of any 
hospital, nursing home, or domiciliary care; medical, rehabilitative, 
or preventive health services; or other medical care and services under 
laws administered by the Secretary shall, at the time of such 
application, or otherwise when requested by the Secretary, furnish the 
Secretary with the individual's Social Security number and the Social 
Security number of any dependent or Department of Veterans Affairs' 
beneficiary on whose behalf, or based upon whom, such individual 
applies for or is in receipt of such benefit. This subsection does not 
require an individual to furnish the Secretary with a Social Security 
number for any individual to whom a Social Security number has not been 
assigned.
    ``(c) The Secretary shall deny the individual's application for, or 
may terminate the individual's enrollment in, the system of patient 
enrollment established by the Secretary under section 1705 of this 
title, if the individual does not provide the Social Security number 
required or requested to be furnished pursuant to subsection (b) of 
this section. The Secretary, following such denial or termination, may, 
upon receipt of the information required or requested under subsection 
(b), approve the individual's application or reinstate the individual's 
enrollment (if otherwise in order), for such medical care and services 
provided on and after the date of such receipt of information.
    ``(d) Nothing in this section shall be construed as authority to 
deny medical care and treatment to an individual in a medical 
emergency.''; and
            (2) by amending the table of sections for such subchapter 
        by adding at the end thereof the following new item: 
        ``Sec. 1709. Provision of health-plan contract information and 
        Social Security number.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS AFFAIRS 
              POLICE OFFICERS.

    Section 902 is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Employees of the Department who are Department police 
        officers shall, with respect to acts occurring on Department 
        property--
                    ``(A) enforce Federal laws;
                    ``(B) enforce the rules prescribed under section 
                901 of this title;
                    ``(C) enforce traffic and motor vehicle laws of a 
                State or local government within the jurisdiction of 
                which such Department property is located as authorized 
                by an express grant of authority under applicable State 
                or local law. Any such enforcement shall be by issuance 
                of a citation for violation of such law;
                    ``(D) carry the appropriate VA-issued weapons, 
                including firearms, while off Department property in an 
                official capacity or while in an official travel 
                status;
                    ``(E) conduct investigations, on and off Department 
                property, of offenses that may have been committed on 
                property under the original jurisdiction of VA, 
                consistent with agreements or other consultation with 
                affected local, State, or Federal law enforcement 
                agencies; and
                    ``(F) carry out, as needed and appropriate, the 
                duties described in subparagraphs (A)-(E) of this 
                subsection when engaged in duties authorized by other 
                Federal statutes.''; and
                    (B) by striking paragraph (2) and renumbering 
                paragraph (3) as paragraph (2) and adding ``, and on 
                any arrest warrant issued by competent judicial 
                authority'' before the period; and
            (2) by amending subsection (c) to read:
    ``(c) The powers granted to Department police officers designated 
under this section shall be exercised in accordance with guidelines 
approved by the Secretary and the Attorney General.''.

SEC. 402. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS AFFAIRS POLICE 
              OFFICERS.

    Section 903 is amended--
            (1) by striking the matter in subsection (b) and inserting:
    ``(b) The amount of the allowance that the Secretary may pay under 
this section will be the lesser of--
            ``(1) the amount currently allowed as prescribed by the 
        Office of Personnel Management; or
            ``(2) estimated costs or actual costs as determined by 
        periodic surveys conducted by the Department.
During any fiscal year no officer will receive more than the amount 
established under this subsection.''; and
            (2) by striking the matter in subsection (c) and inserting:
    ``(c) The allowance established under subsection (b) shall be paid 
at the beginning of a Department police officer's employment for those 
appointed on or after October 1, 2008. In the case of any other 
Department police officer, an allowance in the amount established under 
subsection (b) shall be paid upon the request of the officer.''.

SEC. 403. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY LEASES 
              REQUIRING CONGRESSIONAL APPROVAL.

    Section 8104(a)(3)(B) is amended by striking ``$600,000'' and 
inserting ``$1,000,000''.
                                 <all>