[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 3219
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
insurance and health care, 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'
Insurance and Health Care Improvements Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MATTERS RELATING TO INSURANCE
Sec. 101. Permanent extension of duration of Servicemembers' Group Life
Insurance coverage for totally disabled
veterans.
Sec. 102. Increased amount of Veterans' Group Life Insurance.
Sec. 103. Elimination of reduction in amount of accelerated death
benefit for terminally-ill persons insured
under Servicemembers' Group Life Insurance
and Veterans' Group Life Insurance.
TITLE II--MATTERS RELATING TO HEALTH CARE
Sec. 201. Higher priority status for certain veterans who are medal of
honor recipients.
Sec. 202. Provision of hospital care, medical services, and nursing
home care for certain Vietnam-era veterans
exposed to herbicide and veterans of the
Persian Gulf War.
Sec. 203. Prohibition on collection of copayments from catastrophically
disabled veterans.
Sec. 204. Establishment of Director of Physician Assistant Services at
Veterans Health Administration of
Department of Veterans Affairs.
Sec. 205. Committee on Care of Veterans with Traumatic Brain Injury.
Sec. 206. Revision of certain requirements for the pilot program of
enhanced contract care authority for health
care needs of veterans in highly rural
areas.
TITLE III--MATTERS RELATING TO BENEFITS
Sec. 301. Benefits for qualified World War II veterans.
Sec. 302. Waiver of housing loan fee for certain veterans with service-
connected disabilities called to active
service.
TITLE I--MATTERS RELATING TO INSURANCE
SEC. 101. PERMANENT EXTENSION OF DURATION OF SERVICEMEMBERS' GROUP LIFE
INSURANCE COVERAGE FOR TOTALLY DISABLED VETERANS.
(a) Extension.--Section 1968(a) of title 38, United States Code, is
amended--
(1) in paragraph (1)(A), by striking clause (ii) and
inserting the following new clause (ii):
``(ii) The date that is two years after the
date of separation or release from such active
duty or active duty for training.''; and
(2) in paragraph (4), by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) The date that is two years after the date of
separation or release from such assignment.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a person who is separated or released on or after
June 15, 2005.
SEC. 102. INCREASED AMOUNT OF VETERANS' GROUP LIFE INSURANCE.
(a) Increased Amount.--Section 1977(a) of title 38, United States
Code, is amended--
(1) in paragraph (1), by inserting ``Except as provided in
paragraph (3),'' before ``Veterans' Group Life Insurance shall
be''; and
(2) by adding after paragraph (2) the following new
paragraph:
``(3) Not more than once in each five-year period beginning on the
one-year anniversary of the date a person becomes insured under
Veterans' Group Life Insurance, such person may elect in writing to
increase the amount for which the person is insured if--
``(A) the person is under the age of 60;
``(B) the increased amount is $25,000; and
``(C) the amount for which the person is insured does not
exceed the amount provided for under section 1967(a)(3)(A)(i)
of this title.''.
(b) Effective Date.--Paragraph (3) of section 1977(a) of title 38,
United States Code, shall take effect on the date that is 180 days
after the date of the enactment of this Act.
SEC. 103. ELIMINATION OF REDUCTION IN AMOUNT OF ACCELERATED DEATH
BENEFIT FOR TERMINALLY-ILL PERSONS INSURED UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP
LIFE INSURANCE.
(a) Elimination of Reduction.--Section 1980(b)(1) of title 38,
United States Code, is amended by striking ``reduced by'' and all that
follows through ``the Secretary''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a payment of an accelerated death benefit under
section 1980 of title 38, United States Code, made on or after the date
of the enactment of this Act.
TITLE II--MATTERS RELATING TO HEALTH CARE
SEC. 201. HIGHER PRIORITY STATUS FOR CERTAIN VETERANS WHO ARE MEDAL OF
HONOR RECIPIENTS.
Section 1705(a)(3) of title 38, United States Code, is amended by
inserting ``veterans who were awarded the medal of honor under section
3741, 6241, or 8741 of title 10 or section 491 of title 14,'' after
``Veterans who are former prisoners of war or who were awarded the
Purple Heart,''.
SEC. 202. PROVISION OF HOSPITAL CARE, MEDICAL SERVICES, AND NURSING
HOME CARE FOR CERTAIN VIETNAM-ERA VETERANS EXPOSED TO
HERBICIDE AND VETERANS OF THE PERSIAN GULF WAR.
Section 1710(e) of title 38, United States Code, is amended--
(1) in paragraph (3)--
(A) by striking ``subsection (a)(2)(F)--'' and all
that follows through ``(C) in the case'' and inserting
``subsection (a)(2)(F) in the case''; and
(B) by redesignating clauses (i) and (ii) of the
former subparagraph (C) as subparagraphs (A) and (B) of
such paragraph (3) and by moving such new subparagraphs
two ems to the left; and
(2) in paragraph (1)(C)--
(A) by striking ``paragraphs (2) and (3)'' and
inserting ``paragraph (2)''; and
(B) by inserting after ``on active duty'' the
following: ``between August 2, 1990, and November 11,
1998,''.
SEC. 203. PROHIBITION ON COLLECTION OF COPAYMENTS FROM CATASTROPHICALLY
DISABLED VETERANS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1730A. Prohibition on collection of copayments from
catastrophically disabled veterans
``Notwithstanding subsections (f) and (g) of section 1710 of this
title, subsection (a) of section 1722A of this title, and any other
provision of law, the Secretary may not require a veteran who is
catastrophically disabled to make any copayment for the receipt of
hospital care or medical services under the laws administered by the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1730 the following new item:
``1730A. Prohibition on collection of copayments from catastrophically
disabled veterans.''.
SEC. 204. ESTABLISHMENT OF DIRECTOR OF PHYSICIAN ASSISTANT SERVICES AT
VETERANS HEALTH ADMINISTRATION OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 7306(a) of title 38, United States Code,
is amended by striking paragraph (9) and inserting the following new
paragraph (9):
``(9) The Director of Physician Assistant Services, who
shall serve in a full-time capacity at the Central Office of
the Department and who shall be a qualified physician
assistant, who shall be responsible to and report directly to
the Under Secretary for Health on all matters relating to the
education and training, employment, appropriate utilization,
and optimal participation of physician assistants within the
programs and initiatives of the Administration.''.
(b) Deadline for Implementation.--The Secretary of Veterans Affairs
shall ensure that an individual is serving as the Director of Physician
Assistant Services under section 7306(a)(9) of title 38, United States
Code, as added by subsection (a), by not later than 120 days after the
date of the enactment of this Act.
SEC. 205. COMMITTEE ON CARE OF VETERANS WITH TRAUMATIC BRAIN INJURY.
(a) Establishment of Committee.--Subchapter II of chapter 73 of
title 38, United States Code, is amended by inserting after section
7321 the following new section:
``Sec. 7321A. Committee on Care of Veterans with Traumatic Brain Injury
``(a) Establishment.--The Secretary shall establish in the Veterans
Health Administration a committee to be known as the `Committee on Care
of Veterans with Traumatic Brain Injury'. The Under Secretary for
Health shall appoint employees of the Department with expertise in the
care of veterans with traumatic brain injury to serve on the committee.
``(b) Responsibilities of Committee.--The committee shall assess,
and carry out a continuing assessment of, the capability of the
Veterans Health Administration to meet effectively the treatment and
rehabilitation needs of veterans with traumatic brain injury. In
carrying out that responsibility, the committee shall--
``(1) evaluate the care provided to such veterans through
the Veterans Health Administration;
``(2) identify systemwide problems in caring for such
veterans in facilities of the Veterans Health Administration;
``(3) identify specific facilities within the Veterans
Health Administration at which program enrichment is needed to
improve treatment and rehabilitation of such veterans; and
``(4) identify model programs which the committee considers
to have been successful in the treatment and rehabilitation of
such veterans and which should be implemented more widely in or
through facilities of the Veterans Health Administration.
``(c) Advice and Recommendations.--The committee shall--
``(1) advise the Under Secretary regarding the development
of policies for the care and rehabilitation of veterans with
traumatic brain injury; and
``(2) make recommendations to the Under Secretary--
``(A) for improving programs of care of such
veterans at specific facilities and throughout the
Veterans Health Administration;
``(B) for establishing special programs of
education and training relevant to the care of such
veterans for employees of the Veterans Health
Administration;
``(C) regarding research needs and priorities
relevant to the care of such veterans; and
``(D) regarding the appropriate allocation of
resources for all such activities.
``(d) Annual Report.--Not later than June 1 of 2010, and each
subsequent year, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the implementation of this section. Each such report shall include
the following for the calendar year preceding the year in which the
report is submitted:
``(1) A list of the members of the committee.
``(2) The assessment of the Under Secretary for Health,
after review of the initial findings of the committee,
regarding the capability of the Veterans Health Administration,
on a systemwide and facility-by-facility basis, to meet
effectively the treatment and rehabilitation needs of veterans
with traumatic brain injury.
``(3) The plans of the committee for further assessments.
``(4) The findings and recommendations made by the
committee to the Under Secretary for Health and the views of
the Under Secretary on such findings and recommendations.
``(5) A description of the steps taken, plans made (and a
timetable for the execution of such plans), and resources to be
applied toward improving the capability of the Veterans Health
Administration to meet effectively the treatment and
rehabilitation needs of veterans with traumatic brain
injury.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7321 the following new item:
``7321A. Committee on Care of Veterans with Traumatic Brain Injury.''.
SEC. 206. REVISION OF CERTAIN REQUIREMENTS FOR THE PILOT PROGRAM OF
ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF
VETERANS IN HIGHLY RURAL AREAS.
Subsection (b) of section 403 of the Veterans' Mental Health and
Other Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 1703
note) is amended to read as follows:
``(b) Covered Veterans.--For purposes of the pilot program under
this section, a covered veteran is any veteran who--
``(1) is--
``(A) enrolled in the system of patient enrollment
established under section 1705(a) of title 38, United
States Code, as of the date of the commencement of the
pilot program under subsection (a)(2); or
``(B) eligible for health care under section
1710(e)(3)(C) of title 38, United States Code; and
``(2) resides in a location that is--
``(A) more than 60 minutes' driving distance, as
determined by the Secretary, from the nearest
Department health care facility providing primary care
services, in the case of a veteran seeking such
services;
``(B) more than 120 minutes' driving distance, as
determined by the Secretary, from the nearest
Department health care facility providing acute
hospital care, in the case of a veteran seeking such
care; or
``(C) more than 240 minutes' driving distance, as
determined by the Secretary, from the nearest
Department health care facility providing tertiary
care, in the case of a veteran seeking such care.''.
TITLE III--MATTERS RELATING TO BENEFITS
SEC. 301. BENEFITS FOR QUALIFIED WORLD WAR II VETERANS.
(a) Establishment of Compensation Fund.--Subchapter II of chapter 5
of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 533. Qualified World War II Veterans Equity Compensation Fund
``(a) Compensation Fund.--(1) There is in the general fund of the
Treasury a fund to be known as the `Qualified World War II Veterans
Equity Compensation Fund' (in this section referred to as the
`compensation fund').
``(2) Subject to the availability of appropriations for such
purpose, amounts in the compensation fund shall be available to the
Secretary without fiscal year limitation to make payments to eligible
individuals in accordance with this section.
``(b) Eligible Individuals.--(1) An eligible individual is an
individual who--
``(A) during the 1-year period beginning on the date of the
enactment of this section, submits to the Secretary an
application containing such information and assurances as the
Secretary may require;
``(B) has not received benefits under the Servicemen's
Readjustment Act of 1944 (Public Law 78-346); and
``(C) has engaged in qualified service.
``(2) For purposes of paragraph (1), a person has engaged in
qualified service if the service of the person has been determined to
have been active duty service pursuant to section 1401 of the GI Bill
Improvement Act of 1977 (38 U.S.C. 106 note).
``(c) Amount of Payments.--The Secretary shall make a monthly
payment out of the compensation fund in the amount of $1,000 to an
eligible individual. The Secretary shall make such payments to eligible
individuals in the order in which the Secretary receives the
applications of the eligible individuals.
``(d) Authorization of Appropriations.--(1) There are authorized to
be appropriated to the compensation fund amounts as follows:
``(A) For fiscal year 2010, $222,000,000.
``(B) For fiscal year 2011, $193,000,000.
``(C) For fiscal year 2012, $170,000,000.
``(D) For fiscal year 2013, $146,000,000.
``(E) For fiscal year 2014, $124,000,000.
``(2) Funds appropriated to carry out this section shall remain
available until expended.
``(e) Reports.--The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget for
each fiscal year, detailed information on the operation of the
compensation fund, including the number of applicants, the number of
eligible individuals receiving benefits, the amounts paid out of the
compensation fund, the administration of the compensation fund, and an
estimate of the amounts necessary to fully fund the compensation fund
for that fiscal year and each of the three subsequent fiscal years.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prescribe the regulations
required under section 532(f) of title 38, United States Code, as added
by subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
532 the following new item:
``533. Qualified World War II Veterans Equity Compensation Fund.''.
SEC. 302. WAIVER OF HOUSING LOAN FEE FOR CERTAIN VETERANS WITH SERVICE-
CONNECTED DISABILITIES CALLED TO ACTIVE SERVICE.
Section 3729(c)(1) of title 38, United States Code, is amended by
inserting after ``retirement pay'' the following: ``or active service
pay''.
Passed the House of Representatives July 27, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 3219
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
insurance and health care, and for other purposes.