[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[Senate]
[Pages S10620-S10622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' BENEFITS IMPROVEMENT ACT OF 2005

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar 218, S. 1235.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1235) to amend chapters 19 and 37 of title 38, 
     United States Code, to extend the availability of $400,000 in 
     coverage under the servicemembers' life insurance and 
     veterans' group life insurance programs, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Veterans' Affairs with an 
amendment.
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 1235

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

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Veterans' Benefits 
     Improvement Act of 2005''.

     [SEC. 2. GROUP LIFE INSURANCE.

       [(a) Servicemembers' Group Life Insurance.--Section 1967 of 
     title 38, United States Code, as in effect on October 1, 
     2005, is amended--
       [(1) in subsection (a)--
       [(A) in paragraph (2), by adding at the end the following:
       [``(C) With respect to a policy of insurance covering an 
     insured member, the Secretary of Defense shall make a good-
     faith effort to notify the spouse of a member if the member 
     elects, at any time, to--
       [``(i) reduce amounts of insurance coverage of an insured 
     member; or
       [``(ii) name a beneficiary other than the insured member's 
     spouse.
       [``(D) The failure of the Secretary of Defense to provide 
     timely notification under subparagraph (C) shall not affect 
     the validity of an election by the member.
       [``(E) If a servicemember marries or remarries after making 
     an election under subparagraph (C), the Secretary of Defense 
     is not required to notify the spouse of such election. 
     Elections made after marriage or remarriage are subject to 
     the notice requirement under subparagraph (C).''; and

[[Page S10621]]

       [(B) in paragraph (3)--
       [(i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       [``(i) In the case of a member, $400,000.''; and
       [(ii) in subparagraph (B), by striking ``member or spouse'' 
     and inserting ``member, be evenly divisible by $50,000 and, 
     in the case of a member's spouse''; and
       [(2) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       [(b) Duration of Coverage.--Section 1968(a) of title 38, 
     United States Code, is amended--
       [(1) in paragraph (1)(A), by striking ``one year'' and 
     inserting ``2 years''; and
       [(2) in paragraph (4), by striking ``one year'' and 
     inserting ``2 years''.
       [(c) Veterans' Group Life Insurance.--Section 1977(a) of 
     title 38, United States Code, as in effect on October 1, 
     2005, is amended by striking ``$250,000'' each place it 
     appears and inserting ``$400,000''.

     [SEC. 3. ADJUSTABLE RATE MORTGAGES.

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

     [SEC. 4. EFFECTIVE DATE.

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Improvement Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                       TITLE I--INSURANCE MATTERS

Sec. 101. Group Life Insurance.
Sec. 102. Treatment of stillborn children as insurable dependents under 
              Servicemembers' Group Life Insurance program.

                       TITLE II--HOUSING MATTERS

Sec. 201. Adjustable rate mortgages.
Sec. 202. Technical corrections to Veterans Benefits Improvement Act of 
              2004.
Sec. 203. Permanent authority for housing loans for Native American 
              veterans.

                        TITLE III--OTHER MATTERS

Sec. 301. Annual plan on outreach activities.
Sec. 302. Extension of reporting requirements on equitable relief 
              cases.
Sec. 303. Inclusion of additional diseases and conditions in diseases 
              and disabilities presumed to be associated with prisoner 
              of war status.
Sec. 304. Post traumatic stress disorder claims.

                       TITLE I--INSURANCE MATTERS

     SEC. 101. GROUP LIFE INSURANCE.

       (a) Servicemembers' Group Life Insurance.--Section 1967 of 
     title 38, United States Code, as in effect on October 1, 
     2005, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by adding at the end the following:
       ``(C) With respect to a policy of insurance covering an 
     insured member, the Secretary concerned shall make a good-
     faith effort to notify the spouse of the member, at the last 
     address of the spouse in the records of the Secretary 
     concerned, if the member elects, prior to discharge from the 
     military, naval, or air service, to--
       ``(i) reduce amounts of insurance coverage of the member; 
     or
       ``(ii) name a beneficiary other than the member's spouse or 
     child.
       ``(D) The failure of the Secretary concerned to provide 
     timely notification under subparagraph (C) shall not affect 
     the validity of an election by a member.
       ``(E) If an unmarried member marries after having made one 
     or more elections to reduce or decline insurance coverage or 
     to name beneficiaries, the Secretary concerned is not 
     required to notify the spouse of such marriage of such 
     elections. Elections made after such marriage are subject to 
     the notice requirements under subparagraph (C).''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) In the case of a member, $400,000.''; and
       (ii) in subparagraph (B), by striking ``member or spouse'' 
     and inserting ``member, be evenly divisible by $50,000 and, 
     in the case of a member's spouse''; and
       (2) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       (b) Duration of Coverage.--Section 1968(a) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1)(A), by striking ``one year'' and 
     inserting ``2 years''; and
       (2) in paragraph (4), by striking ``one year'' and 
     inserting ``2 years''.
       (c) Veterans' Group Life Insurance.--Section 1977(a) of 
     title 38, United States Code, is amended by striking 
     ``$250,000'' each place it appears and inserting 
     ``$400,000''.
       (d) Construction of Certain Other Amendments.--
     Notwithstanding subsection (h) of section 1012 of Public Law 
     109-13, the amendments made by subsections (a)(1), (c), (d), 
     (e)(2), (f), and (g) of such section shall not go into effect 
     on September 1, 2005, as otherwise provided by such 
     subsection (h), and shall not be treated for any purposes as 
     having gone into effect on that date.
       (e) Effective Date.--(1) The amendments made by subsection 
     (a) of this section shall take effect on September 1, 2005.
       (2) The amendments made by subsections (b) and (c) of this 
     section shall take effect on October 1, 2005, immediately 
     after the execution of section 1012(i) of Public Law 109-13.
       (3) If the date of the enactment of this Act occurs after 
     September 1, 2005, and before October 1, 2005, the provisions 
     of paragraph (2) of section 1967(a) of title 38, United 
     States Code, shall, for purposes of the execution of the 
     amendments made by subsection (a) of this section, be such 
     provisions as in effect on May 10, 2005, the day before the 
     date of the enactment of Public Law 109-13.

     SEC. 102. TREATMENT OF STILLBORN CHILDREN AS INSURABLE 
                   DEPENDENTS UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE PROGRAM.

       (a) Treatment.--Section 1965(10) of title 38, United States 
     Code, is amended by adding at the end the following new 
     subparagraph:
       ``(C) The member's stillborn child.''.
       (b) Conforming Amendment.--Section 101(4)(A) of such title 
     is amended by striking ``section 1965(10)(B)'' in the matter 
     preceding clause (i) and inserting ``subparagraph (B) or (C) 
     of section 1965(10)''.

                       TITLE II--HOUSING MATTERS

     SEC. 201. ADJUSTABLE RATE MORTGAGES.

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

     SEC. 202. TECHNICAL CORRECTIONS TO VETERANS BENEFITS 
                   IMPROVEMENT ACT OF 2004.

       (a) In General.--Section 2101 of title 38, United States 
     Code, as amended by section 401 of the Veterans Benefits 
     Improvement Act of 2004 (Public Law 108-454), is further 
     amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) a new subsection (c) 
     consisting of the text of subsection (c) of such section 2101 
     as in effect immediately before the enactment of such Act, 
     modified--
       (A) by inserting after ``(c)'' the following: ``Assistance 
     to Members of the Armed Forces.--'';
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``paragraph (1), 
     (2), or (3)'' and inserting ``subparagraph (A), (B), (C), or 
     (D) of paragraph (2)''; and
       (ii) in the second sentence, by striking ``the second 
     sentence'' and inserting ``paragraph (3)''; and
       (C) in paragraph (2)--
       (i) in the first sentence, by striking ``paragraph (1)'' 
     and inserting ``paragraph (2)''; and
       (ii) in the second sentence, by striking ``paragraph (2)'' 
     and inserting ``paragraph (3)''; and
       (3) in subsection (a)(3), by striking ``subsection (c)'' in 
     the matter preceding subparagraph (A) and inserting 
     ``subsection (d)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect immediately after the enactment of the 
     Veterans Benefits Improvement Act of 2004 (Public Law 108-
     454).

     SEC. 203. PERMANENT AUTHORITY FOR HOUSING LOANS FOR NATIVE 
                   AMERICAN VETERANS.

       (a) Permanent Authority.--Section 3761 of title 38, United 
     States Code, is amended to read as follows:

     ``Sec. 3761. Authority for housing loans for Native American 
       veterans

       ``(a) The Secretary shall make direct housing loans to 
     Native American veterans in accordance with the provisions of 
     this subchapter.
       ``(b) The purpose of loans under this subchapter is to 
     permit Native American veterans to purchase, construct, or 
     improve dwellings on trust land.''.
       (b) Conforming Amendments.--Section 3762 of such title is 
     amended--
       (1) in subsection (a), by inserting ``under this 
     subchapter'' after ``Native American veteran'' in the matter 
     preceding paragraph (1);
       (2) in subsection (b)(1)(E), by striking ``in order to 
     ensure'' and all that follows and inserting a period;
       (3) in subsection (c)(1)(B), by striking ``shall be the 
     amount'' and all that follows in the second sentence and 
     inserting ``shall be such amount as the Secretary considers 
     appropriate for the purpose of this subchapter.'';
       (4) in subsection (d)(1), by striking the second sentence;
       (5) in subsection (i)--
       (A) in paragraph (1), by striking ``of the pilot program'' 
     and all that follows and inserting ``of the availability of 
     direct housing loans for Native American veterans under this 
     subchapter.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``under the pilot 
     program'' and all that follows and inserting ``under this 
     subchapter''; and
       (ii) in subparagraph (E), by striking ``in participating in 
     the pilot program'' and inserting ``in participating in the 
     making of direct loans under this subchapter''; and
       (6) by striking subsection (j).
       (c) Clerical Amendments.--(1) The heading of subchapter V 
     of chapter 37 of such title is amended to read as follows:

     ``Subchapter V--Housing Loans for Native American Veterans''.

       (2) The table of contents for such chapter is amended--
       (A) by striking the matter relating to the subchapter 
     heading of subchapter V and inserting the following new item:


      ``Subchapter V--Housing Loans for Native American Veterans'';

     and
       (B) by striking the item relating to section 3761 and 
     inserting the following new item:

``3761. Authority for housing loans for Native American veterans.''.

                        TITLE III--OTHER MATTERS

     SEC. 301. ANNUAL PLAN ON OUTREACH ACTIVITIES.

       (a) Annual Plan Required.--Subchapter II of chapter 5 of 
     title 38, United States Code, is

[[Page S10622]]

     amended by inserting after section 523 the following new 
     section:

     ``Sec. 523A. Annual plan on outreach activities

       ``(a) Annual Plan Required.--The Secretary shall prepare 
     each year a plan for the outreach activities of the 
     Department for the following year.
       ``(b) Elements.--Each annual plan under subsection (a) 
     shall include the following:
       ``(1) Plans for efforts to identify veterans who are not 
     enrolled or registered with the Department for benefits or 
     services under the programs administered by the Secretary.
       ``(2) Plans for informing veterans and their dependents of 
     modifications of the benefits and services under the programs 
     administered by the Secretary, including eligibility for 
     medical and nursing care and services.
       ``(c) Coordination in Development.--In developing an annual 
     plan under subsection (a), the Secretary shall consult with 
     the following:
       ``(1) Directors or other appropriate officials of 
     organizations approved by the Secretary under section 5902 of 
     this title.
       ``(2) Directors or other appropriate officials of State and 
     local education and training programs.
       ``(3) Representatives of non-governmental organizations 
     that carry out veterans outreach programs.
       ``(4) Representatives of State and local veterans 
     employment organizations.
       ``(5) Businesses and professional organizations.
       ``(6) Other individuals and organizations that assist 
     veterans in adjusting to civilian life.
       ``(d) Incorporation of Assessment of Previous Annual 
     Plans.--In developing an annual plan under subsection (a), 
     the Secretary shall take into account the lessons learned 
     from the implementation of previous annual plans under such 
     subsection.
       ``(e) Incorporation of Recommendations to Improve Outreach 
     and Awareness.--In developing an annual plan under subsection 
     (a), the Secretary shall incorporate the recommendations for 
     the improvement of veterans outreach and awareness activities 
     included in the report submitted to Congress by the Secretary 
     pursuant to section 805 of the Veterans Benefits Improvement 
     Act of 2004 (Public Law 108-454).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 523 the following new item:

``523A. Annual plan on outreach activities.''.

     SEC. 302. EXTENSION OF REPORTING REQUIREMENTS ON EQUITABLE 
                   RELIEF CASES.

       Section 503(c) of title 38, United States Code, is amended 
     by striking ``December 31, 2004'' and inserting ``December 
     31, 2009''.

     SEC. 303. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN 
                   DISEASES AND DISABILITIES PRESUMED TO BE 
                   ASSOCIATED WITH PRISONER OF WAR STATUS.

       Section 1112(b)(3) of title 38, United States Code, is 
     amended by adding at the end the following new subparagraphs:
       ``(L) Atherosclerotic heart disease or hypertensive 
     vascular disease (including hypertensive heart disease) and 
     their complications (including myocardial infarction, 
     congestive heart failure and arrhythmia).
       ``(M) Stroke and its complications.''.

     SEC. 304. POST TRAUMATIC STRESS DISORDER CLAIMS.

       The Secretary shall develop and implement policy and 
     training initiatives to standardize the assessment of post 
     traumatic stress disorder disability compensation claims.
         Amend the title so as to read: ``To amend title 38, 
     United States Code, to extend the availability of $400,000 in 
     life insurance coverage to servicemembers and veterans, to 
     make a stillborn child an insurable dependent for purposes of 
     the Servicemembers' Group Life Insurance program, to make 
     technical corrections to the Veterans Benefits Improvement 
     Act of 2004, to make permanent a pilot program for direct 
     housing loans for Native American veterans, and to require an 
     annual plan on outreach activities of the Department of 
     Veterans Affairs.''.
  Mr. GRASSLEY. I ask unanimous consent that the committee-reported 
substitute be agreed to, the bill, as amended, be read a third time and 
passed, the amendment to the title be agreed to, the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1235), as amended, was read the third time and passed.
  The title amendment was agreed to.

                          ____________________