[Congressional Record Volume 155, Number 52 (Thursday, March 26, 2009)]
[Senate]
[Pages S3926-S3930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 728. A bill to amend title 38, United States Code, to enhance 
veterans' insurance benefits, and for other purposes; to the Committee 
on Veterans' Affairs.
  Mr. AKAKA. Mr. President, I am pleased to introduce the Veterans' 
Insurance and Benefits Enhancement Act of 2009. This comprehensive 
legislation, much of which was considered and passed by the Senate in 
the last Congress, would improve benefits and services for veterans 
both young and old.
  This legislation would make several important improvements in 
insurance programs for disabled veterans. It would establish a new 
program of insurance for service-connected disabled veterans that would 
provide up to a maximum of $50,000 in level premium term life insurance 
coverage. This new program would be available to service-connected 
disabled veterans who are less than 65 years of age at the time of 
application. More importantly, unlike VA's Service-Disabled Veterans 
Insurance program, the premium rates for this program would be based on 
an updated mortality table, meaning that premiums under this program 
would be fairer to veterans.
  This legislation would also expand eligibility for retroactive 
benefits from traumatic injury protection coverage under the 
Servicemembers' Group Life Insurance program. This insurance program 
went into effect on December 1, 2005. All insured servicemembers under 
SGLI from that point forward are covered by traumatic injury protection 
regardless of where their injuries occur. However, individuals 
sustaining traumatic injuries between October 7, 2001, and November 30, 
2005, that were not incurred as a direct result of Operations Enduring 
or Iraqi Freedom are not eligible for a retroactive payment under the 
traumatic injury protection program. This legislation would expand 
eligibility to these individuals.
  This bill would also increase the maximum amount of Veterans' 
Mortgage Life Insurance that a service-connected disabled veteran may 
purchase from the current maximum of $90,000 up to $200,000. In the 
event of the veteran's death, the veteran's family is protected because 
VA will pay the balance of the mortgage owed up to the maximum amount 
of insurance purchased. The need for this increase is obvious in 
today's housing market.
  In addition, this legislation would increase the amount of 
supplemental life

[[Page S3927]]

insurance available to totally disabled veterans from $20,000 to 
$30,000. Many totally disabled veterans find it difficult to obtain 
commercial life insurance. This legislation would provide these 
veterans with a reasonable amount of life insurance coverage.
  This bill would also increase certain benefits for veterans and their 
survivors that have not been updated for many years. The minimum 
benefit rate for low-income parents of children who have died during 
military service, or as the result of a service-connected disability, 
has remained at only $5.00 per month since 1975. This is unacceptable. 
Therefore, this bill would increase the minimum Parent's DIC benefit to 
$100 per month, and also increase the basic benefit for a parent with 
no income to the same level as that provided to low-income spouses of 
wartime veterans. In addition, this bill would increase the amount of 
pension paid to VA pensioners who receive Medicaid benefits from $90.00 
per month, which was set in 1989, to $100 per month. In addition, all 
of these benefits and benefits for surviving spouses with children 
would be adjusted by cost-of-living allowances so that these VA 
benefits would never again become so outdated.
  Another provision included in this bill would reaffirm Congress's 
intent with regard to who should be eligible for a special monthly 
pension. Low income, nondisabled wartime veterans 65 and older qualify 
for a VA service pension benefit. Those who are totally and permanently 
disabled are eligible to receive a disability pension with additional 
monies if they are housebound, blind, or need help in everyday living 
activities. In a 2006 decision, the U.S. Court of Appeals for Veterans 
Claims ruled that an older veteran no longer had to have a disability 
rated permanent and total in order to receive housebound benefits. The 
legislative history is clear that Congress intended that only those 
veterans with a permanent and total disability would qualify for 
housebound benefits. This provision would require VA to provide this 
benefit as Congress originally intended.
  This is not a comprehensive recitation of all the provisions within 
this important veterans' legislation. However, I hope that I have 
provided an appropriate overview of the benefits this legislation would 
provide for America's veterans and servicemembers. I urge our 
colleagues to support the legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 728

       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.

[[Page S3928]]

     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''; and
       (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

[[Page S3929]]

     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)).

[[Page S3930]]

                        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.
                                 ______