[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Reported in House (RH)]

                                                 Union Calendar No. 121
111th CONGRESS
  1st Session
                                H. R. 3219

                          [Report No. 111-223]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2009

 Mr. Filner (for himself, Mr. Buyer, Ms. Corrine Brown of Florida, Mr. 
  Stearns, Mr. Snyder, Mr. Moran of Kansas, Mr. Michaud, Mr. Brown of 
    South Carolina, Ms. Herseth Sandlin, Mr. Miller of Florida, Mr. 
    Mitchell, Mr. Boozman, Mr. Hall of New York, Mr. Bilbray, Mrs. 
 Halvorson, Mr. Lamborn, Mr. Perriello, Mr. Bilirakis, Mr. Teague, Mr. 
Buchanan, Mr. Rodriguez, Mr. Roe of Tennessee, Mr. Donnelly of Indiana, 
   Mr. McNerney, Mr. Space, Mr. Walz, Mr. Adler of New Jersey, Mrs. 
  Kirkpatrick of Arizona, and Mr. Nye) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

                             July 23, 2009

                    Additional sponsor: Mr. Boccieri

                             July 23, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
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.

                 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.

    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 
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 not more than $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.''.

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 of''; 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 the Benefits for Qualified World War II Veterans 
        Act of 2009, 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.''.
                                                 Union Calendar No. 121

111th CONGRESS

  1st Session

                               H. R. 3219

                          [Report No. 111-223]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             July 23, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed