II 

110TH CONGRESS 

1ST SESSION S. 1326 

To amend title 38, United States Code, to improve and enhance compensation 

and pension, health care, housing, burial, and other benefits for veterans, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2007 

Mr. SANDERS 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 improve and 

enhance compensation and pension, health care, housing, 

burial, and other benefits for veterans, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Comprehensive Veterans Benefits Improvements Act of 

6 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—HEALTH CARE MATTERS 

Sec. 101. Enrollment of category 8 veterans in patient enrollment system. 

Sec. 102. Health care for veterans who are catastrophically disabled. 

Sec. 103. Repeal prior care requirement for eligibility for reimbursement for 

emergency treatment. 

Sec. 104. Pilot program on lung cancer screening for veterans. 

TITLE II—COMPENSATION AND PENSION MATTERS 

Sec. 201. Repeal of prohibition on concurrent receipt of compensation or pension and retired or retirement pay. 

Sec. 202. Increase in certain rates of disability compensation. 

Sec. 203. Provisions relating to service-connected hearing loss. 

Sec. 204. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation. 

Sec. 205. Increase in rate of dependency and indemnity compensation for surviving spouses of members of the Armed Forces who die on active duty. 

Sec. 206. Reestablishment of age 55 as age of remarrying for retention of certain veterans survivor benefits for surviving spouses. 

Sec. 207. Commencement of period of payment of compensation for temporary 

total service-connected disability attributable to hospitalization 

or treatment. 

Sec. 208. Comptroller General report on adequacy of dependency and indemnity 

compensation to maintain survivors of veterans who die from 

service-connected disabilities. 

TITLE III—INSURANCE MATTERS 

Sec. 301. Reduction in premiums under Service-Disabled Veterans Insurance 

program. 

TITLE IV—BURIAL AND MEMORIAL MATTERS 

Sec. 401. Plot allowances. 

Sec. 402. Funeral and burial expenses. 

Sec. 403. Authorization of appropriations for State cemetery grants program 

for fiscal year 2008. 

TITLE V—HOUSING MATTERS 

Sec. 501. Grants for specially adapted housing for veterans. 

Sec. 502. Veterans’ mortgage life insurance. 

Sec. 503. Selected Reserves serving at least 1 year eligible for housing loans. 

Sec. 504. Housing loan fees adjusted to rates in effect before passage of Veterans Benefits Act of 2003. 

TITLE VI—BENEFITS ADMINISTRATION 

Sec. 601. Judicial review. 

Sec. 602. Elimination of rounding down of certain cost-of-living adjustments. 

Sec. 603. Clinical Information Data Exchange Bureau. 

Sec. 604. Study and report on reforms to strengthen and accelerate the evaluation and processing of disability claims by the Departments of 

Veterans Affairs and Defense. 


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TITLE VII—OTHER BENEFITS MATTERS 

Sec. 701. Automobile assistance allowance. 

Sec. 702. Refund of individual contributions for educational assistance made by 

individuals prevented from pursuing educational programs due 

to nature of discharge. 

Sec. 703. Comptroller General report on provision of assisted living benefits for 

veterans. 

1 TITLE I—HEALTH CARE 

2 MATTERS 

3 SEC. 101. ENROLLMENT OF CATEGORY 8 VETERANS IN PA4 TIENT ENROLLMENT SYSTEM. 

5 (a) ENROLLMENT.—Notwithstanding any other pro6 vision of law, the Secretary of Veterans Affairs shall per7 mit each veteran described in paragraph (8) of section 

8 1705(a) of title 38, United States Code, who presents for 

9 enrollment in the system of annual patient enrollment re10 quired by such section to enroll in such system for pur11 poses of the receipt of care and services as specified in 

12 such section. 

13 (b) EFFECTIVE DATE.—This section shall take effect 

14 on October 1, 2007. 

15 SEC. 102. HEALTH CARE FOR VETERANS WHO ARE CATA16 STROPHICALLY DISABLED. 

17 (a) REPORT ON NUMBER OF VETERANS WRONG18 FULLY MISCLASSIFIED.—Not later than 120 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Veterans Affairs shall submit to Congress a report setting 

21 forth the number of veterans who were catastrophically 

22 disabled who were wrongfully misclassified as not being 


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1 catastrophically disabled by reason and for the purposes 

2 of the administration of the amendments made by title I 

3 of the Veterans’ Health Care Eligibility Reform Act of 

4 1996 (Public Law 104–262). 

5 (b) RECLASSIFICATION OF VETERANS WRONGFULLY

6 MISCLASSIFIED.—The Secretary shall reclassify as cata7 strophically disabled each veteran who was catastroph8 ically disabled but was misclassified as not being cata9 strophically disabled by reason and for the purposes of the 

10 administration of the amendments made by title I of the 

11 Veterans’ Health Care Eligibility Reform Act of 1996. 

12 Each veteran shall, upon such reclassification, be entitled 

13 to such benefits under the laws administered by the Sec14 retary as any other veteran who is catastrophically dis15 abled, including priority of eligibility of enrollment as a 

16 so-called ‘‘category 4 veteran’’ under the patient enroll17 ment system of the Department of Veterans Affairs under 

18 section 1705 of title 38, United States Code. 

19 (c) PROHIBITION ON COLLECTION OF COPAYMENTS

20 AND OTHER FEES FOR HOSPITAL OR NURSING HOME

21 CARE.—Section 1710 of title 38, United States Code, is 

22 amended— 

23 (1) by redesignating subsection (h) as sub24 section (i); and 


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1 (2) by inserting after subsection (g) the fol2 lowing new subsection (h): 

3 ‘‘(h) Notwithstanding any other provision of this sec4 tion, a veteran who is catastrophically disabled shall not 

5 be required to make any payment otherwise required 

6 under subsection (f) or (g) for the receipt of hospital care 

7 or nursing home care under this section.’’. 

8 (d) EFFECTIVE DATE.—Subsection (b) and the 

9 amendments made by subsection (c) shall take effect on 

10 October 1, 2007. 

11 SEC. 103. REPEAL PRIOR CARE REQUIREMENT FOR ELIGI12 BILITY FOR REIMBURSEMENT FOR EMER13 GENCY TREATMENT. 

14 (a) REPEAL.—Section 1725(b)(2) of title 38, United 

15 States Code, is amended by striking ‘‘if—’’ and all that 

16 follows and inserting ‘‘if the veteran is enrolled in the sys17 tem of patient enrollment established under section 

18 1705(a) of this title.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on October 1, 2007. 

21 SEC. 104. PILOT PROGRAM ON LUNG CANCER SCREENING 

22 FOR VETERANS. 

23 (a) PILOT PROGRAM.—The Secretary of Veterans Af24 fairs shall carry out a pilot program that provides for 


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1 screening for lung cancer of veterans with a high risk of 

2 lung cancer. 

3 (b) ELEMENTS.— 

4 (1) IN GENERAL.—The pilot program under 

5 subsection (a) shall include such programs and ac6 tivities as the Secretary considers appropriate to 

7 permit the Secretary to make a comprehensive as8 sessment of the feasibility and advisability of various 

9 approaches for expanding the program within the 

10 Department of Veterans Affairs in order to conduct 

11 screenings of veterans for lung cancer on a wider 

12 scale. 

13 (2) CONSULTATION.—The Secretary shall carry 

14 out the pilot program in consultation with the Inter15 national Early Lung Cancer Action Program and 

16 such other public and private entities as the Sec17 retary considers appropriate for purposes of the pilot 

18 program. 

19 (c) REPORT.—Not later than 2 years after the com20 mencement of the pilot program under subsection (a), the 

21 Secretary shall submit to Congress a report on the pilot 

22 program. The report shall include— 

23 (1) a description of the programs and activities 

24 under the pilot program; 


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1 (2) the comprehensive assessment of the Sec2 retary described in subsection (b)(1); 

3 (3) recommendations, if any, for legislation nec4 essary to implement on a wider basis a screening 

5 program for lung cancer of veterans; and 

6 (4) such other matters as the Secretary con7 siders appropriate in light of the pilot program. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is hereby authorized 

10 to be appropriated for the Department of Veterans 

11 Affairs for fiscal year 2008, $3,000,000 to carry out 

12 this section. 

13 (2) AVAILABILITY.—The amount authorized to 

14 be appropriated by paragraph (1) shall remain avail15 able until expended. 

16 TITLE II—COMPENSATION AND 

17 PENSION MATTERS 

18 SEC. 201. REPEAL OF PROHIBITION ON CONCURRENT RE19 CEIPT OF COMPENSATION OR PENSION AND 

20 RETIRED OR RETIREMENT PAY. 

21 (a) REPEAL.— 

22 (1) IN GENERAL.—Section 5304(a) of title 38, 

23 United States Code, is amended to read as follows: 

24 ‘‘(a)(1)(A) If an election is in effect under section 

25 1413a of title 10, United States Code, with respect to any 


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1 person, no pension or compensation under this title shall 

2 be made concurrently to the person based on the person’s 

3 own service or concurrently to the person based on the 

4 service of any other person. This subparagraph shall not 

5 apply to the extent the person waives any applicable re6 tired or retirement pay under subparagraph (B). 

7 ‘‘(B) A person to whom subparagraph (A) applies 

8 who is receiving any applicable retired or retirement pay 

9 may file with the department paying such pay a waiver 

10 of so much of such pay as is equal to the amount of the 

11 pension or compensation to which subparagraph (A) oth12 erwise applies. To prevent duplication of payment, the de13 partment with which any such waiver is filed shall notify 

14 the Secretary of the receipt of such waiver, the amount 

15 waived, and the effective date of the reduction in pay. 

16 ‘‘(2) The annual amount of any applicable retired or 

17 retirement pay shall be counted as annual income for pur18 poses of chapter 15 of this title. 

19 ‘‘(3) In this subsection, the term ‘applicable retired 

20 or retirement pay’ means retired or retirement pay paid 

21 under a provision of law providing retired or retirement 

22 pay to persons in the Armed Forces or to commissioned 

23 officers of the National Oceanic and Atmospheric Admin24 istration or of the Public Health Service.’’. 

25 (2) CLERICAL AMENDMENTS.— 


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1 (A) The heading for section 5304 of such 

2 title is amended by striking ‘‘Prohibition 

3 against’’ and inserting ‘‘Provisions relat4 ing to’’. 

5 (B) The item relating to section 5304 in 

6 the table of sections at the beginning of chapter 

7 53 of such title is amended by striking ‘‘Prohi8 bition against’’ and inserting ‘‘Provisions relat9 ing to’’. 

10 (b) CONFORMING REPEALS.— 

11 (1) IN GENERAL.—Section 5305 of title 38, 

12 United States Code, and section 1414 of title 10, 

13 United States Code, are each repealed. 

14 (2) CLERICAL AMENDMENTS.— 

15 (A) The table of sections at the beginning 

16 of chapter 53 of title 38, United States Code, 

17 is amended by striking the item relating to sec18 tion 5305. 

19 (B) The table of sections at the beginning 

20 of chapter 71 of title 10, United States Code, 

21 is amended by striking the item relating to sec22 tion 1414. 

23 (c) CONFORMING AMENDMENTS TO COMBAT-RE24 LATED SPECIAL COMPENSATION.— 


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1 (1) COMPENSATION ONLY AVAILABLE TO EXIST2 ING CLAIMANTS.—Section 1413a of title 10, United 

3 States Code, is amended by adding at the end the 

4 following new subsection: 

5 ‘‘(j) SECTION ONLY TO APPLY TO RETIREES IN PAY6 MENT STATUS ON OCTOBER 1, 2007.—No payment under 

7 this section shall be made to an eligible combat-related dis8 abled uniform services retiree for any month beginning 

9 after September 30, 2007, unless the retiree has an elec10 tion in effect under this section for all months during the 

11 period beginning on October 1, 2007, and ending on the 

12 last day of the month to which the payment relates.’’. 

13 (2) CLERICAL AMENDMENTS.— 

14 (A) Subsection (f) of such section is 

15 amended to read as follows: 

16 ‘‘(f) REVOCATION OF ELECTION.—The Secretary 

17 concerned shall provide for an annual period (referred to 

18 as an ‘open season’) during which a person with an elec19 tion in effect under subsection (a) shall have the right to 

20 revoke such election. Any such election shall be made 

21 under regulations prescribed by the Secretary concerned 

22 and, once made, shall be irrevocable. Such regulations 

23 shall provide for the form and manner for making such 

24 an election and shall provide for the date as of when such 

25 an election shall become effective. In the case of the SecVerDate Aug 31 2005 21:41 May 09, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1326.IS S1326

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1 retary of a military department, such regulations shall be 

2 subject to approval by the Secretary of Defense.’’. 

3 (B) Subsection (b)(2) of such section is 

4 amended by striking ‘‘sections 5304 and 5305 

5 of title 38’’ and inserting ‘‘section 5304(a)(1) 

6 of title 38’’. 

7 (d) OTHER CONFORMING AMENDMENTS.— 

8 (1) Section 5111(b) of title 38, United States 

9 Code is amended to read as follows: 

10 ‘‘(b) During the period between the effective date of 

11 an award or increased award as provided under section 

12 5110 of this title or other provision of law and the com13 mencement of the period of payment based on such award 

14 as provided under subsection (a) of this section, an indi15 vidual entitled to receive monetary benefits shall be 

16 deemed to be in receipt of such benefits for the purpose 

17 of all laws administered by the Secretary.’’. 

18 (2) Sections 1463(a)(1), 1465(c)(1)(A), 

19 1465(c)(1)(B), and 1466(b)(1)(D) of title 10, 

20 United States Code, are each amended by striking 

21 ‘‘or 1414’’. 

22 (3) Subparagraphs (A) and (B) of section 

23 1465(c)(4) of title 10, United States Code, are each 

24 amended by striking ‘‘sections 1413a and 1414’’ and 

25 inserting ‘‘section 1413a’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2007, and shall 

3 apply with respect to payments of compensation or pen4 sion and retired or retirement pay made on or after that 

5 date. No benefits are payable by reason of the amend6 ments made by this section for any period before October 

7 1, 2007. 

8 SEC. 202. INCREASE IN CERTAIN RATES OF DISABILITY 

9 COMPENSATION. 

10 (a) FIFTY PERCENT INCREASE IN CERTAIN

11 RATES.—Subsection (k) of section 1114 of title 38, 

12 United States Code, is amended— 

13 (1) by striking ‘‘$3,075’’ and inserting 

14 ‘‘$4,613’’; 

15 (2) by striking ‘‘$89’’ both places it appears 

16 and inserting ‘‘$134’’; and 

17 (3) by striking ‘‘$4,313’’ and inserting 

18 ‘‘$6,470’’. 

19 (b) TWENTY PERCENT INCREASE IN CERTAIN

20 OTHER RATES.—Such section is further amended— 

21 (1) in subsection (l), by striking ‘‘$3,075’’ and 

22 inserting ‘‘$3,690’’; 

23 (2) in subsection (m), by striking ‘‘$3,392’’ and 

24 inserting ‘‘$4,070’’; 


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1 (3) in subsection (n), by striking ‘‘$3,860’’ and 

2 inserting ‘‘$4,632’’; 

3 (4) in subsection (o), by striking ‘‘$4,313’’ and 

4 inserting ‘‘$5,176’’; 

5 (5) in subsection (p), by striking ‘‘$4,313’’ each 

6 place it appears and inserting ‘‘$5,176’’; 

7 (6) in subsection (r)— 

8 (A) in paragraph (1), by striking ‘‘$1,851’’ 

9 and inserting ‘‘$2,221’’; and 

10 (B) in paragraph (2) by striking ‘‘$2,757’’ 

11 and inserting ‘‘$3,308’’; and 

12 (7) in subsection (s), by striking ‘‘$2,766’’ and 

13 inserting ‘‘$3,319’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the first day of the first 

16 month that begins on or after the date of the enactment 

17 of this Act, and shall apply with respect to monthly 

18 amounts of disability compensation payable on or after 

19 that day. 

20 SEC. 203. PROVISIONS RELATING TO SERVICE-CONNECTED 

21 HEARING LOSS. 

22 (a) MINIMUM RATING OF DISABILITY FOR HEARING

23 LOSS REQUIRING A HEARING AID.—Section 1155 of title 

24 38, United States Code, is amended by adding at the end 

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1 ability under the schedule adopted under this section for 

2 a veteran for a disability consisting of hearing loss for 

3 which the wearing of a hearing aid or hearing aids is medi4 cally indicated shall be a rating of 10 percent.’’. 

5 (b) PRESUMPTION THAT HEARING LOSS IS SERVICE

6 CONNECTED.—Section 1112 of title 38, United States 

7 Code, is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(d) For purposes of section 1110 of this title, and 

10 subject to section 1113 of this title, if tinnitus or hearing 

11 loss typically related to noise exposure or acoustic trauma 

12 becomes manifest in a veteran who, during military serv13 ice, performed duties typically involving high levels of 

14 noise exposure, the tinnitus or hearing loss shall be consid15 ered to have been incurred in or aggravated by such serv16 ice, notwithstanding that there is no record of the disease 

17 during the period of service.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2007. No ben20 efit is payable by reason of the amendments made by this 

21 section for any period before October 1, 2007. 

22 SEC. 204. REPEAL OF REQUIREMENT OF REDUCTION OF 

23 SBP SURVIVOR ANNUITIES BY DEPENDENCY 

24 AND INDEMNITY COMPENSATION. 

25 (a) REPEAL.— 


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1 (1) IN GENERAL.—Subchapter II of chapter 73 

2 of title 10, United States Code, is amended as fol3 lows: 

4 (A) In section 1450, by striking subsection 

5 (c). 

6 (B) In section 1451(c)— 

7 (i) by striking paragraph (2); and 

8 (ii) by redesignating paragraphs (3) 

9 and (4) as paragraphs (2) and (3), respec10 tively. 

11 (2) CONFORMING AMENDMENTS.—Such sub12 chapter is further amended as follows: 

13 (A) In section 1450— 

14 (i) by striking subsection (e); and 

15 (ii) by striking subsection (k). 

16 (B) In section 1451(g)(1), by striking sub17 paragraph (C). 

18 (C) In section 1452— 

19 (i) in subsection (f)(2), by striking 

20 ‘‘does not apply—’’ and all that follows 

21 and inserting ‘‘does not apply in the case 

22 of a deduction made through administra23 tive error.’’; and 

24 (ii) by striking subsection (g). 


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1 (D) In section 1455(c), by striking ‘‘, 

2 1450(k)(2),’’. 

3 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

4 benefits may be paid to any person for any period before 

5 the effective date provided under subsection (f) by reason 

6 of the amendments made by subsection (a). 

7 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

8 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI9 ENTS.—A surviving spouse who is or has been in receipt 

10 of an annuity under the Survivor Benefit Plan under sub11 chapter II of chapter 73 of title 10, United States Code, 

12 that is in effect before the effective date provided under 

13 subsection (f) and that is adjusted by reason of the 

14 amendments made by subsection (a) and who has received 

15 a refund of retired pay under section 1450(e) of title 10, 

16 United States Code, shall not be required to repay such 

17 refund to the United States. 

18 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

19 FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of 

20 such title is amended— 

21 (1) by striking ‘‘DEPENDENT CHILDREN.—’’ 

22 and all that follows through ‘‘In the case of a mem23 ber described in paragraph (1),’’ and inserting ‘‘DE24 PENDENT CHILDREN.—In the case of a member de25 scribed in paragraph (1),’’; and 


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1 (2) by striking subparagraph (B). 

2 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

3 ELIGIBLE SPOUSES.—The Secretary of the military de4 partment concerned shall restore annuity eligibility to any 

5 eligible surviving spouse who, in consultation with the Sec6 retary, previously elected to transfer payment of such an7 nuity to a surviving child or children under the provisions 

8 of section 1448(d)(2)(B) of title 10, United States Code, 

9 as in effect on the day before the effective date provided 

10 under subsection (f). Such eligibility shall be restored 

11 whether or not payment to such child or children subse12 quently was terminated due to loss of dependent status 

13 or death. For the purposes of this subsection, an eligible 

14 spouse includes a spouse who was previously eligible for 

15 payment of such annuity and is not remarried, or remar16 ried after having attained age 55, or whose second or sub17 sequent marriage has been terminated by death, divorce 

18 or annulment. 

19 (f) EFFECTIVE DATE.—The sections and the amend20 ments made by this section shall take effect on the later 

21 of— 

22 (1) the first day of the first month that begins 

23 after the date of the enactment of this Act; or 

24 (2) the first day of the fiscal year that begins 

25 in the calendar year in which this Act is enacted. 


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1 SEC. 205. INCREASE IN RATE OF DEPENDENCY AND INDEM2 NITY COMPENSATION FOR SURVIVING 

3 SPOUSES OF MEMBERS OF THE ARMED 

4 FORCES WHO DIE ON ACTIVE DUTY. 

5 (a) INCREASE IN RATE.—Section 1311(a) of title 38, 

6 United States Code, is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (4); 

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph (3): 

11 ‘‘(4) The rate under paragraph (1) shall be increased 

12 by $228 in the case of the death of a member of the 

13 Armed Forces on active duty.’’; and 

14 (3) in paragraph (4), as redesignated by para15 graph (1) of this subsection, by striking ‘‘(1) and 

16 (2)’’ and inserting ‘‘(1), (2), and (3)’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2007, and shall 

19 apply with respect to dependency and indemnity com20 pensation payable for months beginning on or after that 

21 date. 


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1 SEC. 206. REESTABLISHMENT OF AGE 55 AS AGE OF REMAR2 RYING FOR RETENTION OF CERTAIN VET3 ERANS SURVIVOR BENEFITS FOR SURVIVING 

4 SPOUSES. 

5 (a) REESTABLISHMENT.—Section 103(d)(2)(B) of 

6 title 38, United States Code, is amended— 

7 (1) in the first sentence, by striking ‘‘age 57’’ 

8 and inserting ‘‘age 55’’; and 

9 (2) by striking the second sentence. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on October 1, 2007. No ben12 efit is payable by reason of the amendments made by this 

13 section for any period before October 1, 2007. 

14 SEC. 207. COMMENCEMENT OF PERIOD OF PAYMENT OF 

15 COMPENSATION FOR TEMPORARY TOTAL 

16 SERVICE-CONNECTED DISABILITY ATTRIB17 UTABLE TO HOSPITALIZATION OR TREAT18 MENT. 

19 (a) COMMENCEMENT OF PERIOD OF PAYMENT.— 

20 Section 5111(c) of title 38, United States Code, is amend21 ed by adding at the end the following new paragraph: 

22 ‘‘(3) In the case of a temporary increase in compensa23 tion for hospitalization or treatment for a service-con24 nected disability rated as total by reason of such hos25 pitalization or treatment, the period of payment shall com26 mence on the date of admission for such hospitalization 


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1 or date of treatment, surgery, or other activity necessi2 tating such treatment, as applicable.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on October 1, 2007. No 

5 benefit is payable by reason of the amendment made by 

6 subsection (a) for any period before October 1, 2007. 

7 SEC. 208. COMPTROLLER GENERAL REPORT ON ADEQUACY 

8 OF DEPENDENCY AND INDEMNITY COM9 PENSATION TO MAINTAIN SURVIVORS OF 

10 VETERANS WHO DIE FROM SERVICE-CON11 NECTED DISABILITIES. 

12 (a) REPORT REQUIRED.— 

13 (1) IN GENERAL.—Not later than 10 months 

14 after the date of the enactment of this Act, the 

15 Comptroller General of the United States shall sub16 mit to the congressional veterans affairs committees 

17 a report on the adequacy of dependency and indem18 nity compensation payable under chapter 13 of title 

19 38, United States Code, to surviving spouses and de20 pendents of veterans who die as a result of a service21 connected disability in maintaining such surviving 

22 spouses and dependents at a standard of living 

23 above the poverty level. 

24 (2) ELEMENTS.—The report required by para25 graph (1) shall include— 


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1 (A) a description of the current system for 

2 the payment of dependency and indemnity com3 pensation to surviving spouses and dependents 

4 described in paragraph (1), including a state5 ment of the rates of such compensation so pay6 able; 

7 (B) an assessment of the adequacy of such 

8 payments in maintaining such surviving spouses 

9 and dependents at a standard of living above 

10 the poverty level; and 

11 (C) such recommendations as the Comp12 troller General considers appropriate in order to 

13 improve or enhance the effects of such pay14 ments in maintaining such surviving spouses 

15 and dependents at a standard of living above 

16 the poverty level. 

17 (b) CONGRESSIONAL VETERANS AFFAIRS COMMIT18 TEES DEFINED.—In this section, the term ‘‘congressional 

19 veterans affairs committees’’ means— 

20 (1) the Committee on Veterans’ Affairs and the 

21 Committee on Appropriations of the Senate; and 

22 (2) the Committee on Veterans’ Affairs and the 

23 Committee on Appropriations of the House of Rep24 resentatives. 


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1 TITLE III—INSURANCE MATTERS 

2 SEC. 301. REDUCTION IN PREMIUMS UNDER SERVICE-DIS3 ABLED VETERANS INSURANCE PROGRAM. 

4 (a) IN GENERAL.—Section 1922(a) of title 38, 

5 United States Code, is amended— 

6 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

7 (2) by striking the fourth sentence and all that 

8 follows and inserting the following: 

9 ‘‘(2) Insurance granted under this section shall be 

10 issued upon the same terms and conditions as are con11 tained in the standard policies of National Service Life 

12 Insurance, except that— 

13 ‘‘(A) the amount of such insurance shall be 

14 $50,000, or such lesser amount, evenly divisible by 

15 $10,000, as the insured may specify; 

16 ‘‘(B) the premium rates for such insurance— 

17 ‘‘(i) for premiums for months beginning 

18 before the effective date of this paragraph 

19 under section 301(c) of date of the enactment 

20 of the Comprehensive Veterans Benefits Im21 provements Act of 2007 shall be based on the 

22 Commissioners 1941 Standard Ordinary Table 

of Mortality and interest at the rate of 21 23 ⁄4 per24 cent per year; and 


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1 ‘‘(ii) for premiums for months beginning 

2 on or after that effective date shall be based 

3 upon the 2001 Commissioners Standard Ordi4 nary Table of Mortality and interest at the rate 

of 41 5 ⁄2 percent per year; 

6 ‘‘(C) all cash, loan, paid-up, and extended val7 ues— 

8 ‘‘(i) for a policy issued under this section 

9 before the effective date described in subpara10 graph (B)(i) shall be based upon the Commis11 sioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 21 12 ⁄4 percent 

13 per year; and 

14 ‘‘(ii) for a policy issued under this section 

15 on or after that effective date shall be based 

16 upon the 2001 Commissioners Standard Ordi17 nary Table of Mortality and interest at the rate 

of 41 18 ⁄2 percent per year; 

19 ‘‘(D) all settlements on policies involving annu20 ities shall be calculated on the basis of the Annuity 

Table for 1949, and interest at the rate of 21 21 ⁄4 per22 cent per year; 

23 ‘‘(E) insurance granted under this section shall 

24 be on a nonparticipating basis; 


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1 ‘‘(F) all premiums and other collections for in2 surance under this section shall be credited directly 

3 to a revolving fund in the Treasury of the United 

4 States; and 

5 ‘‘(G) any payments on such insurance shall be 

6 made directly from such fund. 

7 ‘‘(3) Appropriations to the fund referred to in sub8 paragraphs (F) and (G) of paragraph (2) are hereby au9 thorized. 

10 ‘‘(4) As to insurance issued under this section, waiver 

11 of premiums pursuant to section 602(n) of the National 

12 Service Life Insurance Act of 1940 and section 1912 of 

13 this title shall not be denied on the ground that the serv14 ice-connected disability became total before the effective 

15 date of such insurance.’’. 

16 (b) COORDINATION WITH OVERALL LIMIT.—Section 

17 1903 of such title is amended by adding at the end the 

18 following new sentence: ‘‘The limitations of this section 

19 shall not apply to insurance granted under section 1922 

20 of this title, except that other insurance to which this sec21 tion applies shall be taken into account in determining 

22 whether the limitations of subsections (a)(2)(A) and (b) 

23 of section 1922 of this title are met with respect to insur24 ance granted under section 1922 of this title.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the later of— 

3 (1) October 1, 2007; or 

4 (2) the first day of the first month that begins 

5 more than 90 days after the date of the enactment 

6 of this Act. 

7 TITLE IV—BURIAL AND 

8 MEMORIAL MATTERS 

9 SEC. 401. PLOT ALLOWANCES. 

10 (a) INCREASE IN PLOT ALLOWANCE.—Section 2303 

11 of title 38, United States Code, is amended by striking 

12 ‘‘$300’’ each place it appears and inserting ‘‘$745 (as ad13 justed from time to time under subsection (c))’’. 

14 (b) EXPANSION OF ELIGIBILITY.—Subsection (b)(2) 

15 of such section is amended by striking ‘‘such veteran is 

16 eligible’’ and all that follows through ‘‘, and’’. 

17 (c) ANNUAL COST-OF-LIVING ADJUSTMENT.—Such 

18 section is further amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(c) With respect to any fiscal year, the Secretary 

21 shall provide a percentage increase (rounded to the near22 est dollar) in each maximum amount of the plot allowance 

23 payable under this section equal to the percentage by 

24 which— 


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1 ‘‘(1) the Consumer Price Index (all items, 

2 United States city average) for the 12-month period 

3 ending on the June 30 preceding the beginning of 

4 the fiscal year for which the increase is made, ex5 ceeds 

6 ‘‘(2) such Consumer Price Index for the 12- 

7 month period preceding the 12-month period de8 scribed in paragraph (1).’’. 

9 (d) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall take effect on October 1, 2007, 

12 and shall apply with respect to deaths occurring on 

13 or after that date. 

14 (2) NO COLA ADJUSTMENT FOR FISCAL YEAR

15 2008.—The percentage increase required by sub16 section (c) of section 2303 of title 38, United States 

17 Code (as added by subsection (c) of this section), for 

18 fiscal year 2008 shall not be made. 

19 SEC. 402. FUNERAL AND BURIAL EXPENSES. 

20 (a) IN GENERAL.—Section 2302 of title 38, United 

21 States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘$300’’ in the 

23 matter following paragraph (2) and inserting 

24 ‘‘$1,270 (as adjusted from time to time under sub25 section (c))’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) With respect to any fiscal year, the Secretary 

4 shall provide a percentage increase (rounded to the near5 est dollar) in the maximum amount of benefits payable 

6 under subsection (a) equal to the percentage by which— 

7 ‘‘(1) the Consumer Price Index (all items, 

8 United States city average) for the 12-month period 

9 ending on the June 30 preceding the beginning of 

10 the fiscal year for which the increase is made, ex11 ceeds 

12 ‘‘(2) such Consumer Price Index for the 12- 

13 month period preceding the 12-month period de14 scribed in paragraph (1).’’. 

15 (b) DEATHS FROM SERVICE-CONNECTED DIS16 ABILITY.—Section 2307 of such title is amended— 

17 (1) by inserting ‘‘(a) FUNERAL AND BURIAL

18 EXPENSES.—’’ before ‘‘In any case’’; 

19 (2) in paragraph (1) of subsection (a), as des20 ignated by paragraph (1) of this subsection, by 

21 striking ‘‘$2,000’’ and inserting ‘‘$4,100 (as ad22 justed from time to time under subsection (b))’’; and 

23 (3) by adding at the end the following new sub24 section: 


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1 ‘‘(b) COST-OF-LIVING ADJUSTMENT.—With respect 

2 to any fiscal year, the Secretary shall provide a percentage 

3 increase (rounded to the nearest dollar) in the amount of 

4 benefits payable under subsection (a)(1) equal to the per5 centage by which— 

6 ‘‘(1) the Consumer Price Index (all items, 

7 United States city average) for the 12-month period 

8 ending on the June 30 preceding the beginning of 

9 the fiscal year for which the increase is made, ex10 ceeds 

11 ‘‘(2) such Consumer Price Index for the 12- 

12 month period preceding the 12-month period de13 scribed in paragraph (1).’’. 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—The amendments made by 

16 this section shall take effect on the date of the en17 actment of this Act, and shall apply with respect to 

18 deaths occurring on or after that date. 

19 (2) NO COLA ADJUSTMENT FOR FISCAL YEAR

20 2008.—The percentage increase required by sub21 section (c) of section 2302 of title 38, United States 

22 Code (as added by subsection (a) of this section), 

23 and the percentage increase required by subsection 

24 (b) of section 2307 of title 38, United States Code 


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1 (as added by subsection (b) of this section), for fis2 cal year 2008 shall not be made. 

3 SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR 

4 STATE CEMETERY GRANTS PROGRAM FOR 

5 FISCAL YEAR 2008. 

6 There is hereby authorized to be appropriated for the 

7 Department of Veterans Affairs for fiscal year 2008, 

8 $37,000,000 for aid to States for the establishment, ex9 pansion, and improvement of veterans’ cemeteries under 

10 section 2408 of title 38, United States Code. 

11 TITLE V—HOUSING MATTERS 

12 SEC. 501. GRANTS FOR SPECIALLY ADAPTED HOUSING FOR 

13 VETERANS. 

14 (a) INCREASE IN GRANT AMOUNTS.— 

15 (1) ACQUISITION OF HOUSING.—Subsection 

16 (d)(1) of section 2102 of title 38, United States 

17 Code, is amended by striking ‘‘$50,000’’ and insert18 ing ‘‘$60,000 (as adjusted from time to time under 

19 subsection (f))’’. 

20 (2) ADAPTATIONS TO HOUSING.—Subsections 

21 (b)(2) and (d)(2) of such section are each amended 

22 by striking ‘‘$10,000’’ and inserting ‘‘$12,000 (as 

23 adjusted from time to time under subsection (f))’’. 


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1 (b) ADDITIONAL GRANT FOR ACQUISITION OF SUB2 SEQUENT HOUSING UNIT.—Such section is further 

3 amended— 

4 (1) in subsection (c), by inserting ‘‘or (e)’’ after 

5 ‘‘subsection (a)’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(e)(1) In addition to the assistance otherwise pro9 vided under subsection (d)(1), the assistance authorized 

10 by section 2101(a) of this title shall also include assistance 

11 for a veteran for the acquisition by the veteran of a hous12 ing unit to replace the housing unit for which assistance 

13 was provided under subsection (d)(1). 

14 ‘‘(2) The amount of assistance under this subsection 

15 may not exceed the maximum amount of assistance avail16 able under subsection (d)(1). 

17 ‘‘(3) Assistance shall be afforded under this sub18 section through a plan set forth in subsection (a), at the 

19 option of the veteran concerned.’’. 

20 (c) ANNUAL COST-OF-LIVING ADJUSTMENT.—Such 

21 section is further amended by adding at the end the fol22 lowing new subsection: 

23 ‘‘(f)(1) Effective on October 1 of each year (begin24 ning in 2008), the Secretary shall increase the amounts 


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1 in effect under subsections (b)(2), (d)(1), and (d)(2) in 

2 accordance with this subsection. 

3 ‘‘(2) The increase in amounts under paragraph (1) 

4 to take effect on October 1 of any year shall be the per5 centage by which (A) the residential home cost-of-con6 struction index for the preceding calendar year exceeds 

7 (B) the residential home cost-of-construction index for the 

8 year preceding that year. 

9 ‘‘(3) The Secretary shall establish a residential home 

10 cost-of-construction index for the purposes of this sub11 section. The index shall reflect a uniform, national average 

12 increase in the cost of residential home construction, de13 termined on a calendar year basis. The Secretary may use 

14 an index developed in the private sector that the Secretary 

15 determines is appropriate for purposes of this sub16 section.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2007. 

19 SEC. 502. VETERANS’ MORTGAGE LIFE INSURANCE. 

20 (a) INCREASE IN AMOUNT OF INSURANCE.—Section 

21 2106(b) of title 38, United States Code, is amended by 

22 striking ‘‘$90,000’’ and inserting ‘‘$150,000’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect on the later of— 

25 (1) October 1, 2007; or 


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1 (2) the first day of the first month that begins 

2 more than 90 days after the date of the enactment 

3 of this Act. 

4 SEC. 503. SELECTED RESERVES SERVING AT LEAST 1 YEAR 

5 ELIGIBLE FOR HOUSING LOANS. 

6 (a) REDUCTION IN PERIOD OF SERVICE REQUIRE7 MENT FOR SELECTED RESERVES.—Section 

8 3701(b)(5)(A) of title 38, United States Code, is amended 

9 by striking ‘‘6 years’’ each place it appears and inserting 

10 ‘‘1 year’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on October 1, 2007. 

13 SEC. 504. HOUSING LOAN FEES ADJUSTED TO RATES IN EF14 FECT BEFORE PASSAGE OF VETERANS BENE15 FITS ACT OF 2003. 

16 (a) IN GENERAL.—Paragraph (2) of section 3729(b) 

17 of title 38, United States Code, is amended to read as 

18 follows: 

19 ‘‘(2) The loan fee table referred to in paragraph (1) 

20 is as follows: 


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‘‘LOAN FEE TABLE 

Type of loan Active duty 

veteran Reservist Other obligor 

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other initial loan described 

in section 3710(a) other than 

with 5-down or 10-down (closed 

on or after October 1, 2007, and 

before October 1, 2011) ............. 2.00 2.75 NA

(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other initial loan described 

in section 3710(a) other than 

with 5-down or 10-down (closed 

on or after October 1, 2011) ...... 1.25 2.00 NA

(B)(i) Subsequent loan described in 

section 3710(a) to purchase or 

construct a dwelling with 0- 

down, or any other subsequent 

loan described in section 3710(a) 

(closed on or after October 1, 

2007 and before October 1, 

2011) .......................................... 3.00 3.00 NA

(B)(ii) Subsequent loan described 

in section 3710(a) to purchase or 

construct a dwelling with 0- 

down, or any other subsequent 

loan described in section 3710(a) 

(closed on or after October 1, 

2011) .......................................... 1.25 2.00 NA

(C)(i) Loan described in section 

3710(a) to purchase or construct 

a dwelling with 5-down (closed 

on or after October 1, 2007, and 

before October 1, 2011) ............. 1.50 2.25 NA

(C)(ii) Loan described in section 

3710(a) to purchase or construct 

a dwelling with 5-down (closed 

on or after October 1, 2011) ...... 0.75 1.50 NA

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down 

(closed on or after October 1, 

2007, and before October 1, 

2011) .......................................... 1.25 2.00 NA

(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down 

(closed on or after October 1, 

2011) .......................................... 0.50 1.25 NA


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‘‘LOAN FEE TABLE—Continued 

Type of loan Active duty 

veteran Reservist Other obligor 

(E) Interest rate reduction refinancing loan ............................... 0.50 0.50 NA

(F) Direct loan under section 3711 1.00 1.00 NA

(G) Manufactured home loan under 

section 3712 (other than an interest rate reduction refinancing 

loan) ............................................ 1.00 1.00 NA

(H) Loan to Native American veteran under section 3762 (other 

than an interest rate reduction 

refinancing loan) ......................... 1.25 1.25 NA

(I) Loan assumption under section 

3714 ............................................ 0.50 0.50 0.50

(J) Loan under section 3733(a) ..... 2.25 2.25 2.25.’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to loans closed after September 

3 30, 2007. 

4 TITLE VI—BENEFITS 

5 ADMINISTRATION 

6 SEC. 601. JUDICIAL REVIEW. 

7 (a) REVIEW BY UNITED STATES COURT OF APPEALS

8 FOR FEDERAL CIRCUIT OF ADOPTION OR REVISION OF

9 SCHEDULE OF DISABILITY RATINGS.—Section 502 of title 

10 38, United States Code, is amended— 

11 (1) by inserting ‘‘(a) JUDICIAL REVIEW.—’’ be12 fore ‘‘An action’’; 

13 (2) in subsection (a), as designated by para14 graph (1) of this subsection, by striking ‘‘(other 

15 than an action relating to the adoption or revision 


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1 of the schedule of ratings for disabilities adopted 

2 under section 1155 of this title)’’; and 

3 (3) by adding at the end the following new sub4 section: 

5 ‘‘(b) STANDARD OF REVIEW OF ACTIONS RELATING

6 TO SCHEDULE OF RATINGS FOR DISABILITIES.—In re7 viewing pursuant to this section an action of the Secretary 

8 relating to the adoption or revision of the schedule of rat9 ings for disabilities under section 1155 of this title, the 

10 Court may set aside such action only if the Court finds 

11 such action to be arbitrary, capricious, or otherwise not 

12 in accordance with law.’’. 

13 (b) REVIEW BY COURT OF APPEALS FOR VETERANS

14 CLAIMS OF ADVERSE FINDINGS OF MATERIAL FACTS.— 

15 Section 7261(a)(4) of such title is amended by striking 

16 ‘‘is clearly erroneous’’ and inserting ‘‘is not reasonably 

17 supported by a preponderance of the evidence’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act. The amendment made by subsection (b) shall 

21 apply with respect to all cases pending for decision before 

22 the United States Court of Appeals for Veterans Claims 

23 other than a case in which a final decision has been en24 tered before the date of the enactment of this Act. 


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1 SEC. 602. ELIMINATION OF ROUNDING DOWN OF CERTAIN 

2 COST-OF-LIVING ADJUSTMENTS. 

3 (a) DISABILITY COMPENSATION.—Section 1104(a) of 

4 title 38, United States Code, is amended by striking ‘‘,with 

5 all’’ and all that follows up to the period at the end. 

6 (b) DEPENDENCY COMPENSATION.—Section 1303(a) 

7 of such title is amended by striking ‘‘,with all’’ and all 

8 that follows up to the period at the end. 

9 SEC. 603. CLINICAL INFORMATION DATA EXCHANGE BU10 REAU. 

11 (a) ESTABLISHMENT OF BUREAU.—The Secretaries 

12 of Veterans Affairs and Department of Defense shall 

13 jointly establish the DoD/VA Clinical Information Data 

14 Exchange Bureau (in this section referred to as ‘‘the Bu15 reau’’). 

16 (b) INFORMATION SYSTEM.— 

17 (1) IN GENERAL.—The Bureau shall establish 

18 and maintain an information system that facilitates 

19 the clinical exchange of computable data within and 

20 between the health systems of the Department of 

21 Veterans Affairs and the Department of Defense. 

22 (2) ELEMENTS.—In establishing the informa23 tion system described in paragraph (1), the Bureau 

24 shall meet the following requirements: 

25 (A) SOFTWARE REQUIREMENTS.—The sys26 tem shall utilize computer software— 


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1 (i) the source code of which is open 

2 source and available in the public domain, 

3 (ii) that is nonproprietary, and 

4 (iii) that ensures that the electronic 

5 medical records in the health systems of 

6 the Department of Veterans Affairs and 

7 the Department of Defense are able to un8 derstand all major clinical vocabularies. 

9 (B) PATIENT PRIVACY.—The system shall 

10 comply with all appropriate rules, regulations, 

11 and procedures to safeguard patient privacy 

12 and to ensure data security. 

13 (C) MAPPING OF HEALTH INFORMA14 TION.—The Bureau shall ensure that personal 

15 health information available in electronic form 

16 outside of the system will be able to be elec17 tronically mapped into the system. 

18 (D) MAINTENANCE.—The Bureau shall 

19 permanently maintain the system, including en20 suring that any changes in any major clinical 

21 vocabulary are reflected in a timely manner in 

22 the electronic medical records in the health sys23 tems of the Department of Veterans Affairs 

24 and the Department of Defense. 

25 (c) COST OF SYSTEM.— 


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1 (1) IN GENERAL.—The cost of the information 

2 system established under this section, and the an3 nual costs of maintaining the system, shall be borne 

4 equally by the Department of Veterans Affairs and 

5 the Department of Defense. 

6 (2) FEES.—The Secretaries of Veterans Affairs 

7 and Defense may charge vendor user fees in order 

8 to facilitate the use of discrete clinical vocabularies 

9 within the system. 

10 SEC. 604. STUDY AND REPORT ON REFORMS TO STRENGTH11 EN AND ACCELERATE THE EVALUATION AND 

12 PROCESSING OF DISABILITY CLAIMS BY THE 

13 DEPARTMENTS OF VETERANS AFFAIRS AND 

14 DEFENSE. 

15 (a) STUDY.—The Secretary of Veterans Affairs and 

16 the Secretary of Defense shall jointly conduct a study of 

17 the disability ratings systems of the Departments of Vet18 erans Affairs and Defense, including an analysis of— 

19 (1) the interoperability of both systems, and 

20 (2) the feasibility and advisability of auto21 mating the Veterans Administration Schedule for 

22 Rating Disabilities (VASRD) to improve the time 

23 for processing, and the accuracy of, disability rat24 ings. 

25 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of the enactment of this Act, the Secre3 taries shall submit to the relevant committees of 

4 Congress a joint report on the study conducted 

5 under subsection (a). 

6 (2) ELEMENTS.—Such report shall include spe7 cific legislative proposals, including the amount of 

8 funding, which the Secretaries find necessary to— 

9 (A) ensure that the disability ratings sys10 tems of both the Department of Veterans Af11 fairs and the Department of Defense are inter12 operable and that information contained in both 

13 systems can readily be transmitted to and from 

14 each of the departments, and 

15 (B) automate the Veterans Administration 

16 Schedule for Rating Disabilities (VASRD), in17 cluding— 

18 (i) an analysis of the necessary com19 puter software and other technology, and 

20 (ii) a schedule for the completion of 

21 the automation. 

22 (c) RELEVANT COMMITTEES OF CONGRESS.—In this 

23 section, the term ‘‘relevant committees of Congress’’ 

24 means— 


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1 (1) the Committee on Veterans’ Affairs and the 

2 Committee on Armed Services of the Senate, and 

3 (2) the Committee on Veterans’ Affairs and the 

4 Committee on Armed Services of the House of Rep5 resentatives. 

6 TITLE VII—OTHER BENEFITS 

7 MATTERS 

8 SEC. 701. AUTOMOBILE ASSISTANCE ALLOWANCE. 

9 (a) INCREASE IN AMOUNT OF ALLOWANCE.—Sub10 section (a) of section 3902 of title 38, United States Code, 

11 is amended by striking ‘‘$11,000’’ and inserting ‘‘$22,484 

12 (as adjusted from time to time under subsection (e))’’. 

13 (b) ANNUAL ADJUSTMENT.—Such section is further 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(e)(1) Effective on October 1 of each year (begin17 ning in 2008), the Secretary shall increase the dollar 

18 amount in effect under subsection (a) to an amount equal 

19 to 80 percent of the average retail cost of new automobiles 

20 for the preceding calendar year. 

21 ‘‘(2) The Secretary shall establish the method for de22 termining the average retail cost of new automobiles for 

23 purposes of this subsection. The Secretary may use data 

24 developed in the private sector if the Secretary determines 

25 the data is appropriate for purposes of this subsection.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2007. 

3 SEC. 702. REFUND OF INDIVIDUAL CONTRIBUTIONS FOR 

4 EDUCATIONAL ASSISTANCE MADE BY INDI5 VIDUALS PREVENTED FROM PURSUING EDU6 CATIONAL PROGRAMS DUE TO NATURE OF 

7 DISCHARGE. 

8 (a) IN GENERAL.—Section 3034 of title 38, United 

9 States Code, is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(e)(1) In the case of any eligible individual who has 

12 been prevented from pursuing a program of education 

13 under this chapter because the individual has not met the 

14 nature of discharge requirement of this chapter, the Sec15 retary of Defense shall, upon application of the individual, 

16 refund to the individual the amount determined under 

17 paragraph (3) if the Secretary of Defense determines that 

18 the nature of the discharge was due to minor infractions 

19 or deficiencies. 

20 ‘‘(2) Paragraph (1) shall not apply to an individual 

21 if the discharge was a dishonorable discharge. 

22 ‘‘(3) The amount determined under this paragraph 

23 with respect to any individual is the excess (if any) of— 


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1 ‘‘(A) the sum of the amounts described in sec2 tion 3017(b)(1) of this title with respect to the indi3 vidual, over 

4 ‘‘(B) the sum of the amounts described in sec5 tion 3017(b)(2) of this title with respect to the indi6 vidual. 

7 ‘‘(4) The Secretary of Defense shall make the pay8 ments under this subsection from the funds into which the 

9 amounts described in section 3017(b)(1) of this title were 

10 deposited.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to discharges after September 30, 

13 2007. 

14 SEC. 703. COMPTROLLER GENERAL REPORT ON PROVISION 

15 OF ASSISTED LIVING BENEFITS FOR VET16 ERANS. 

17 (a) REPORT REQUIRED.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, the Comp20 troller General of the United States shall submit to 

21 the congressional veterans affairs committees a re22 port on the feasability and advisability of the provi23 sion through the Department of Veterans Affairs of 

24 assisted living benefits for veterans who otherwise 

25 qualify for nursing home care through the DepartVerDate Aug 31 2005 21:41 May 09, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1326.IS S1326

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1 ment in lieu of the provision through the Depart2 ment of nursing home care for such veterans. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include— 

5 (A) a description of various current pro6 posals for the provision through the Depart7 ment of assisted living benefits for veterans as 

8 described in paragraph (1); 

9 (B) an estimate of the costs of the various 

10 proposals described under subparagraph (A), 

11 and an estimate of any cost savings anticipated 

12 to be achieved through the carrying out of such 

13 proposals; 

14 (C) an assessment of feasability and advis15 ability of the provision through the Department 

16 of assisted living benefits for veterans as de17 scribed in paragraph (1), including an identi18 fication of the proposal, if any, described in 

19 that paragraph, that would result in the most 

20 cost-effective provision through the Department 

21 of assisted living benefits for veterans; and 

22 (D) such recommendations as the Comp23 troller General considers appropriate regarding 

24 the provision through the Department of as25 sisted living benefits for veterans. 


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1 (b) CONGRESSIONAL VETERANS AFFAIRS COMMIT2 TEES DEFINED.—In this section, the term ‘‘congressional 

3 veterans affairs committees’’ means— 

4 (1) the Committee on Veterans’ Affairs and the 

5 Committee on Appropriations of the Senate; and 

6 (2) the Committee on Veterans’ Affairs and the 

7 Committee on Appropriations of the House of Rep8 resentatives. 

Æ 


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