[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 728

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

   Mr. Akaka 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 enhance veterans' insurance 
                   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' 
Insurance and Benefits Enhancement Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Level-premium term life insurance for veterans with service-
                            connected disabilities.
Sec. 102. Supplemental insurance for totally disabled veterans.
Sec. 103. Expansion of individuals qualifying for retroactive benefits 
                            from traumatic injury protection coverage 
                            under Servicemembers' Group Life Insurance.
Sec. 104. Enhancement of veterans' mortgage life insurance.
Sec. 105. Adjustment of coverage of dependents under Servicemembers' 
                            Group Life Insurance.
               TITLE II--COMPENSATION AND PENSION MATTERS

Sec. 201. Cost-of-living increase for temporary dependency and 
                            indemnity compensation payable for 
                            surviving spouses with dependent children 
                            under the age of 18.
Sec. 202. Eligibility of veterans 65 years of age or older for service 
                            pension for a period of war.
Sec. 203. Adjustments in amounts of dependency and indemnity 
                            compensation payable to disabled surviving 
                            spouses and to parents of deceased 
                            veterans.
Sec. 204. Increase and annual adjustment in limitation on pension 
                            payable to hospitalized veterans and 
                            others.
                 TITLE III--BURIAL AND MEMORIAL MATTERS

Sec. 301. Supplemental benefits for veterans for funeral and burial 
                            expenses.
Sec. 302. Supplemental plot allowances.
                        TITLE IV--OTHER MATTERS

Sec. 401. Eligibility of disabled veterans and members of the Armed 
                            Forces with severe burn injuries for 
                            automobiles and adaptive equipment.
Sec. 402. Supplemental assistance for providing automobiles or other 
                            conveyances to certain disabled veterans.

SEC. 2. REFERENCE 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 to, or repeal 
of, 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--INSURANCE MATTERS

SEC. 101. LEVEL-PREMIUM TERM LIFE INSURANCE FOR VETERANS WITH SERVICE-
              CONNECTED DISABILITIES.

    (a) In General.--Chapter 19 is amended by inserting after section 
1922A the following new section:
``Sec. 1922B. Level-premium term life insurance for veterans with 
              service-connected disabilities
    ``(a) In General.--In accordance with the provisions of this 
section, the Secretary shall grant insurance to each eligible veteran 
who seeks such insurance against the death of such veteran occurring 
while such insurance is in force.
    ``(b) Eligible Veterans.--For purposes of this section, an eligible 
veteran is any veteran less than 65 years of age who has a service-
connected disability.
    ``(c) Amount of Insurance.--(1) Subject to paragraph (2), the 
amount of insurance granted an eligible veteran under this section 
shall be $50,000 or such lesser amount as the veteran shall elect. The 
amount of insurance so elected shall be evenly divisible by $10,000.
    ``(2) The aggregate amount of insurance of an eligible veteran 
under this section, section 1922 of this title, and section 1922A of 
this title may not exceed $50,000.
    ``(d) Reduced Amount for Veterans Age 70 or Older.--In the case of 
a veteran insured under this section who turns age 70, the amount of 
insurance of such veteran under this section after the date such 
veteran turns age 70 shall be the amount equal to 20 percent of the 
amount of insurance of the veteran under this section as of the day 
before such date.
    ``(e) Premiums.--(1) Premium rates for insurance under this section 
shall be based on the 2001 Commissioners Standard Ordinary Basic Table 
of Mortality and interest at the rate of 4.5 per centum per annum.
    ``(2) The amount of the premium charged a veteran for insurance 
under this section may not increase while such insurance is in force 
for such veteran.
    ``(3) The Secretary may not charge a premium for insurance under 
this section for a veteran as follows:
            ``(A) A veteran who has a service-connected disability 
        rated as total and is eligible for a waiver of premiums under 
        section 1912 of this title.
            ``(B) A veteran who is 70 years of age or older.
    ``(4) Insurance granted under this section shall be on a 
nonparticipating basis and all premiums and other collections therefor 
shall be credited directly to a revolving fund in the Treasury of the 
United States, and any payments on such insurance shall be made 
directly from such fund. Appropriations to such fund are hereby 
authorized.
    ``(5) Administrative costs to the Government for the costs of the 
program of insurance under this section shall be paid from premiums 
credited to the fund under paragraph (4), and payments for claims 
against the fund under paragraph (4) for amounts in excess of amounts 
credited to such fund under that paragraph (after such administrative 
costs have been paid) shall be paid from appropriations to the fund.
    ``(f) Application Required.--An eligible veteran seeking insurance 
under this section shall file with the Secretary an application 
therefor. Such application shall be filed not later than the earlier 
of--
            ``(1) the end of the two-year period beginning on the date 
        on which the Secretary notifies the veteran that the veteran 
        has a service-connected disability; and
            ``(2) the end of the 10-year period beginning on the date 
        of the separation of the veteran from the Armed Forces, 
        whichever is earlier.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 19 is amended by inserting after the item related to section 
1922A the following new item:

``1922B. Level-premium term life insurance for veterans with service-
                            connected disabilities.''.
    (c) Exchange of Service Disabled Veterans' Insurance.--During the 
one-year period beginning on the effective date of this section under 
subsection (d), any veteran insured under section 1922 of title 38, 
United States Code, who is eligible for insurance under section 1922B 
of such title (as added by subsection (a)), may exchange insurance 
coverage under such section 1922 for insurance coverage under such 
section 1922B.
    (d) Effective Date.--This section, and the amendments made by this 
section, shall take effect on April 1, 2010.

SEC. 102. SUPPLEMENTAL INSURANCE FOR TOTALLY DISABLED VETERANS.

    (a) In General.--Section 1922A(a) is amended by striking 
``$20,000'' and inserting ``$30,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2010.

SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE BENEFITS 
              FROM TRAUMATIC INJURY PROTECTION COVERAGE UNDER 
              SERVICEMEMBERS' GROUP LIFE INSURANCE.

    (a) In General.--Paragraph (1) of section 501(b) of the Veterans' 
Housing Opportunity and Benefits Improvement Act of 2006 (Public Law 
109-233; 120 Stat. 414; 38 U.S.C. 1980A note) is amended by striking 
``, if, as determined by the Secretary concerned, that loss was a 
direct result of a traumatic injury incurred in the theater of 
operations for Operation Enduring Freedom or Operation Iraqi Freedom''.
    (b) Conforming Amendment.--The heading of such section is amended 
by striking ``in Operation Enduring Freedom and Operation Iraqi 
Freedom''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2010.

SEC. 104. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.

    Section 2106(b) is amended by striking ``$90,000'' and inserting 
``$150,000, or $200,000 after January 1, 2012,''.

SEC. 105. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER SERVICEMEMBERS' 
              GROUP LIFE INSURANCE.

    Clause (ii) of section 1968(a)(5)(B) is amended to read as follows:
                            ``(ii) 120 days after the date of the 
                        member's separation or release from the 
                        uniformed services; or''.

               TITLE II--COMPENSATION AND PENSION MATTERS

SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND 
              INDEMNITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH 
              DEPENDENT CHILDREN UNDER THE AGE OF 18.

    Section 1311(f) is amended by adding at the end the following new 
paragraph:
    ``(5) Whenever there is an increase in benefit amounts payable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a 
result of a determination made under section 215(i) of such Act (42 
U.S.C. 415(i)), the Secretary shall, effective on the date of such 
increase in benefit amounts, increase the amount payable under 
paragraph (1), as such amount was in effect immediately prior to the 
date of such increase in benefit amounts, by the same percentage as the 
percentage by which such benefit amounts are increased. Any increase in 
a dollar amount under this paragraph shall be rounded down to the next 
lower whole dollar amount.''.

SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER FOR SERVICE 
              PENSION FOR A PERIOD OF WAR.

    (a) In General.--Section 1513 is amended--
            (1) in subsection (a), by striking ``by section 1521'' and 
        all that follows and inserting ``by subsection (b), (c), 
        (f)(1), (f)(5), or (g) of that section, as the case may be and 
        as increased from time to time under section 5312 of this 
        title.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) The conditions in subsections (h) and (i) of section 1521 of 
this title shall apply to determinations of income and maximum payments 
of pension for purposes of this section.''.
    (b) Application.--The amendments made by this section shall apply 
with respect to claims for pensions filed on or after the date of the 
enactment of this Act.

SEC. 203. ADJUSTMENTS IN AMOUNTS OF DEPENDENCY AND INDEMNITY 
              COMPENSATION PAYABLE TO DISABLED SURVIVING SPOUSES AND TO 
              PARENTS OF DECEASED VETERANS.

    (a) Increase in DIC Payable to Disabled Surviving Spouses.--Section 
1311 is amended--
            (1) in subsection (c), by striking ``$271'' and inserting 
        ``$325''; and
            (2) in subsection (d), by striking ``$128'' and inserting 
        ``$146''.
    (b) Increase in Certain DIC Amounts Payable to Parents.--
            (1) In general.--Section 1315 is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``$163'' 
                        and inserting ``$661''; and
                            (ii) in paragraph (2), by striking ``$5 
                        monthly'' and inserting ``$100 monthly, as 
                        increased from time to time under section 5312 
                        of this title'';
                    (B) in subsection (c)(2), by striking ``$5 
                monthly'' and inserting ``$100 monthly, as increased 
                from time to time under section 5312 of this title'';
                    (C) in subsection (d)(2), by striking ``$5 
                monthly'' and inserting ``$100 monthly, as increased 
                from time to time under section 5312 of this title''; 
                and
                    (D) in subsection (g), by striking ``$85'' and 
                inserting ``$395''.
            (2) Additional amount payable to housebound parents.--Such 
        section is further amended by adding at the end the following 
        new subsection:
    ``(h) The monthly rate of dependency and indemnity compensation 
payable to a parent shall be increased by $146, as increased from time 
to time under section 5312 of this title, if such parent--
            ``(1) is, by reason of disability, permanently housebound; 
        and
            ``(2) does not qualify for an increase in dependency and 
        indemnity compensation under subsection (g) of this section.''.
    (c) Codification of Increase in Rates of DIC Payable to Parents.--
Section 1315 is further amended--
            (1) in subsection (b)(3), by striking ``$4,038'' and 
        inserting ``$13,456'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``$115'' and 
                inserting ``$412''; and
                    (B) in paragraph (3), by striking ``$4,038'' and 
                inserting ``$13,456''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``$109'' and 
                inserting ``$387''; and
                    (B) in paragraph (3), by striking ``$5,430'' and 
                inserting ``$18,087''.
    (d) Technical Amendment.--Subsection (f)(1)(A) of such section 1315 
is amended by striking ``the six-months' death gratuity'' and inserting 
``death gratuity payments by the Secretary concerned under sections 
1475 through 1480 of title 10 (including payments under section 307 of 
the Persian Gulf Conflict Supplemental Authorization and Personnel 
Benefits Act of 1991 (Public Law 102-25; 105 Stat. 82; 10 U.S.C. 1478 
note))''.
    (e) Cost-of-Living Adjustments.--Section 5312(b)(1) is amended by 
striking ``the monthly rate provided in subsection (g), of section 1315 
of this title'' and inserting ``the monthly rates provided in 
subsections (g) and (h), of section 1315 of this title, the minimum 
monthly amounts of dependency and indemnity compensation payable to 
parents under subsections (b)(2), (c)(2), and (d)(2) of such 
section,''.
    (f) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on October 1, 2009, and shall apply with respect to 
        dependency and indemnity compensation payable for months 
        beginning on or after that date.
            (2) Prohibition on cola in fiscal year 2010.--No increase 
        shall be made under section 5312(b)(1) of title 38, United 
        States Code, in the minimum monthly amounts of dependency and 
        indemnity compensation payable under subsections (b)(2), 
        (c)(2), and (d)(2) of section 1315 of such title (as amended by 
        subsection (b)(1) of this section) during fiscal year 2010.

SEC. 204. INCREASE AND ANNUAL ADJUSTMENT IN LIMITATION ON PENSION 
              PAYABLE TO HOSPITALIZED VETERANS AND OTHERS.

    (a) Increase and Annual Adjustment.--
            (1) In general.--Section 5503 is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A), by striking ``$90 
                        per month'' and inserting ``$100 per month, as 
                        increased from time to time under section 5312 
                        of this title,''; and
                            (ii) in subparagraphs (B) and (C), by 
                        striking ``$90 per month'' each place it 
                        appears and inserting ``$100 per month, as so 
                        increased,''; and
                    (B) in subsection (d)(2), by striking ``$90 per 
                month'' and inserting ``$100 per month, as increased 
                from time to time under section 5312 of this title,''.
            (2) Annual adjustment.--Section 5312(b)(1) is amended by 
        striking ``5507(c)(2)(D) and'' and inserting ``5503, 
        5507(c)(2)(D), and''.
    (b) Applicability of Limitation to Pension Payable to Certain 
Children of Veterans of a Period of War.--Section 5503(d)(5) is 
amended--
            (1) by inserting ``(A)'' after ``(5)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) The provisions of this subsection shall also apply with 
respect to a child entitled to pension under section 1542 of this title 
in the same manner as they apply to a veteran having neither spouse nor 
child.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect October 1, 2009. However no adjustment shall be made during 
fiscal year 2010 under section 5312(b)(1) of title 38, United States 
Code (as amended by subsection (a)(2)), in the limitation under section 
5503 of title 38, United States Code (as amended by subsections (a)(1) 
and (b)), on amounts of pension payable to veterans and others.

                 TITLE III--BURIAL AND MEMORIAL MATTERS

SEC. 301. SUPPLEMENTAL BENEFITS FOR VETERANS FOR FUNERAL AND BURIAL 
              EXPENSES.

    (a) Funeral Expenses.--
            (1) In general.--Chapter 23 is amended by inserting after 
        section 2302 the following new section:
``Sec. 2302A. Funeral expenses: supplemental benefits
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2302(a) of this title, 
the Secretary is also authorized and directed to pay the recipient of 
such payment a supplemental payment under this section for the cost of 
such burial and funeral.
    ``(2) No supplemental payment shall be made under this subsection 
if the Secretary has expended all funds that were specifically provided 
for purposes of this subsection in an appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $900 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2009, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 2302(a) of 
        this title and the amount under paragraph (1), multiplied by 
        the percentage by which--
                    ``(A) the Consumer Price Index (all items, United 
                States city average) for the 12-month period ending on 
                the June 30 preceding the beginning of the fiscal year 
                for which the increase is made, exceeds
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental payments under this section to all 
        eligible recipients for the remainder of the fiscal year in 
        which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental payments 
        under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 2302 the following new item:

``2302A. Funeral expenses: supplemental benefits.''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Veterans Affairs such 
        sums as may be necessary to carry out the provisions of section 
        2302A of title 38, United States Code (as added by this 
        subsection).
    (b) Death From Service-Connected Disability.--
            (1) In general.--Chapter 23 is amended by inserting after 
        section 2307 the following new section:
``Sec. 2307A. Death from service-connected disability: supplemental 
              benefits for burial and funeral expenses
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2307(1) of this title, 
the Secretary is also authorized and directed to pay the recipient of 
such payment a supplemental payment under this section for the cost of 
such burial and funeral.
    ``(2) No supplemental payment shall be made under this subsection 
if the Secretary has expended all funds that were specifically provided 
for purposes of this subsection in an appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $2,100 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2009, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 2307(1) of 
        this title and the amount under paragraph (1), multiplied by 
        the percentage by which--
                    ``(A) the Consumer Price Index (all items, United 
                States city average) for the 12-month period ending on 
                the June 30 preceding the beginning of the fiscal year 
                for which the increase is made, exceeds
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental payments under this section to all 
        eligible recipients for the remainder of the fiscal year in 
        which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental payments 
        under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 2307 the following new item:

``2307A. Death from service-connected disability: supplemental benefits 
                            for burial and funeral expenses.''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Veterans Affairs such 
        sums as may be necessary to carry out the provisions of section 
        2307A of title 38, United States Code (as added by this 
        subsection).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, and shall apply with respect to deaths 
occurring on or after that date.

SEC. 302. SUPPLEMENTAL PLOT ALLOWANCES.

    (a) In General.--Chapter 23 is amended by inserting after section 
2303 the following new section:
``Sec. 2303A. Supplemental plot allowance
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2303(a)(1)(A) of this 
title, or for the burial of a veteran under paragraph (1) or (2) of 
section 2303(b) of this title, the Secretary is also authorized and 
directed to pay the recipient of such payment a supplemental payment 
under this section for the cost of such burial and funeral or burial, 
as applicable.
    ``(2) No supplemental plot allowance payment shall be made under 
this subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $445 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2009, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 
        2303(a)(1)(A) of this title and the amount under paragraph (1), 
        multiplied by the percentage by which--
                    ``(A) the Consumer Price Index (all items, United 
                States city average) for the 12-month period ending on 
                the June 30 preceding the beginning of the fiscal year 
                for which the increase is made, exceeds
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental plot allowance payments under this section 
        to all eligible recipients for the remainder of the fiscal year 
        in which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental plot 
        allowance payments under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item related to section 
2303 the following new item:

``2303A. Supplemental plot allowance.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, and shall apply with respect to deaths 
occurring on or after that date.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Veterans Affairs such sums as may be 
necessary to carry out the provisions of section 2303A of title 38, 
United States Code (as added by subsection (a)).

                        TITLE IV--OTHER MATTERS

SEC. 401. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED 
              FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND 
              ADAPTIVE EQUIPMENT.

    (a) Eligibility.--Paragraph (1) of section 3901 is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``or (iii) below'' and inserting ``(iii), or (iv)''; 
                and
                    (B) by adding at the end the following new clause:
                    ``(iv) A severe burn injury (as determined pursuant 
                to regulations prescribed by the Secretary).''; and
            (2) in subparagraph (B), by striking ``or (iii)'' and 
        inserting ``(iii), or (iv)''.
    (b) Stylistic Amendments.--Such section is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``chapter--'' and inserting ``chapter:'';
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``means--'' and inserting ``means the 
                following:'';
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``any veteran'' and inserting ``Any 
                        veteran'';
                            (ii) in clauses (i) and (ii), by striking 
                        the semicolon at the end and inserting a 
                        period; and
                            (iii) in clause (iii), by striking ``or'' 
                        and inserting a period; and
                    (C) in subparagraph (B), by striking ``any member'' 
                and inserting ``Any member''.

SEC. 402. SUPPLEMENTAL ASSISTANCE FOR PROVIDING AUTOMOBILES OR OTHER 
              CONVEYANCES TO CERTAIN DISABLED VETERANS.

    (a) In General.--Chapter 39 is amended by inserting after section 
3902 the following new section:
``Sec. 3902A. Supplemental assistance for providing automobiles or 
              other conveyances
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
purchase of an automobile or other conveyance for an eligible person 
under section 3902 of this title, the Secretary is also authorized and 
directed to pay the recipient of such payment a supplemental payment 
under this section for the cost of such purchase.
    ``(2) No supplemental payment shall be made under this subsection 
if the Secretary has expended all funds that were specifically provided 
for purposes of this subsection in an appropriations Act.
    ``(b) Amount of Supplemental Payment.--Supplemental payment 
required by subsection (a) is equal to the excess of--
            ``(1) the payment which would be determined under section 
        3902 of this title if the amount described in section 3902 of 
        this title were increased to the adjusted amount described in 
        subsection (c), over
            ``(2) the payment determined under section 3902 of this 
        title without regard to this section.
    ``(c) Adjusted Amount.--The adjusted amount is $22,484 (as adjusted 
from time to time under subsection (d)).
    ``(d) Adjustment.--(1) Effective on October 1 of each year 
(beginning in 2009), the Secretary shall increase the adjusted amount 
described in subsection (c) to an amount equal to 80 percent of the 
average retail cost of new automobiles for the preceding calendar year.
    ``(2) The Secretary shall establish the method for determining the 
average retail cost of new automobiles for purposes of this subsection. 
The Secretary may use data developed in the private sector if the 
Secretary determines the data is appropriate for purposes of this 
subsection.
    ``(e) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental payment under this section for every 
        eligible person for the remainder of the fiscal year in which 
        such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide every eligible person with supplemental payment under 
        this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(f) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item related to section 
3902 the following new item:

``3902A. Supplemental assistance for providing automobiles or other 
                            conveyances.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Veterans Affairs such sums as may be 
necessary to carry out the provisions of section 3902A of title 38, 
United States Code (as added by subsection (a)).
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, and shall apply with respect to payments 
made in accordance with section 3902 of title 38, United States Code, 
on or after that date.
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