Title II — S. 2413 (Introduced in Senate)

Sec. 201 Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children

(a)

In general— Section 1311(f)(2) is amended by striking “two-year” and inserting “three-year”.

(b)

Effective date— The amendment made by subsection (a) shall take effect as of September 30, 2014, and shall apply to any surviving spouse who was eligible for or in receipt of benefits under section 1311(f) of title 38, United States Code, on or after the date of the enactment of this Act.

Sec. 202 Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55

(a)

In general— Paragraph (2)(B) of section 103(d) is amended to read as follows:

“(B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran.”

(b)

Conforming amendment— Paragraph (5) of such section is amended by striking “Paragraphs (2)(A)” and inserting “Paragraphs (2)”.

(c)

Effective date— The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 203 Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension

Section 1541(f)(1)(E) is amended by striking “January 1, 2001” and inserting “the date that is 10 years and one day after the date on which the Persian Gulf War was terminated, as prescribed by Presidential proclamation or by law”.

Sec. 204 Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment

Section 5110(l) is amended by striking “, or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce,”.

Sec. 205 Expansion of Marine Gunnery Sergeant John David Fry Scholarship

(a)

Expansion of entitlement— Subsection (b)(9) of section 3311 is amended by inserting “or spouse” after “child”.

(b)

Limitation and election on certain benefits— Subsection (f) of such section is amended—

(1)

by redesignating paragraph (2) as paragraph (4); and

(2)

by inserting after paragraph (1) the following new paragraphs:

“(2) Limitation—The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of—

“(A) the date that is 15 years after the date on which the person died; and

“(B) the date on which the individual remarries.

“(3) Election on receipt of certain benefits—A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance.”

(c)

Conforming amendment— Section 3321(b)(4) is amended—

(1)

by striking “an individual” and inserting “a child”; and

(2)

by striking “such individual’s” each time it appears and inserting “such child’s”.

(d)

Effective date— The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act.

Sec. 206 Expansion of Yellow Ribbon G.I. Education Enhancement Program

(a)

In general— Section 3317(a) is amended by striking “in paragraphs (1) and (2)” and inserting “in paragraphs (1), (2), and (9)”.

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to academic terms beginning after July 1, 2015.

Sec. 207 Benefits for children of certain Thailand service veterans born with spina bifida

(a)

In general— Subchapter III of chapter 18 is amended by adding at the end the following new section:

“1822. Benefits for children of certain Thailand service veterans born with spina bifida

“(a) Benefits authorized—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.

“(b) Spina bifida conditions covered—This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.

“(c) Veteran of covered service in Thailand—For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who—

“(1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and

“(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand.

“(d) Herbicide agent—For purposes of this section, the term herbicide agent means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.”

(b)

Conforming amendment to definition of “child”— Section 1831(1) is amended—

(1)

in subparagraph (B)—

(A)

by striking “subchapter III of this chapter” and inserting “section 1821 of this title”; and

(B)

in clause (i), by striking “section 1821 of this title” and inserting “that section”; and

(2)

by adding at the end the following new subparagraph:

“(C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—

“(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and

“(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.”

(c)

Clerical amendments—

(1)

Subchapter heading— The heading for subchapter III of chapter 18 is amended by inserting “and Thailand” after “Korea”.

(2)

Table of sections— The table of sections at the beginning of chapter 18 is amended—

(A)

by striking the item relating to subchapter III and inserting the following new item:

(B)

by inserting after the item relating to section 1821 the following new item:

(d)

Effective date— The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 208 Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida

(a)

Program— Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals.

(b)

Covered individuals— For purposes of this section, a covered individual is any individual who is entitled to health care under subchapter I or III of chapter 18 of title 38, United States Code.

(c)

Duration—

(1)

In general— Except as otherwise provided in this subsection, the program shall be carried out during the three-year period beginning on the date of the commencement of the program.

(2)

Continuation— Subject to paragraph (3), the Secretary may continue the program for an additional two-year period as the Secretary considers appropriate.

(3)

Termination— The program may not operate after the date that is five years after the date of the commencement of the program.

(d)

Scope of services and program— Under the program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following:

(1)

Assisted living, group home care, or such other similar services as the Secretary considers appropriate.

(2)

Transportation services.

(3)

Such other services as the Secretary considers appropriate for the care of covered individuals under the program.

(e)

Program requirements— In carrying out the program, the Secretary shall—

(1)

inform all covered individuals of the services available under the program;

(2)

enter into agreements with appropriate providers of assisted living, group home care, or other similar services for provision of services under the program; and

(3)

determine the appropriate number of covered individuals to be enrolled in the program and criteria for such enrollment.

(f)

Reports—

(1)

Preliminary reports—

(A)

In general— Not later than one year after the date of the commencement of the program and, if the program is continued under subsection (c)(2), not later than three years after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program.

(B)

Contents— Each report submitted under subparagraph (A) shall include the following:

(i)

A description of the implementation and operation of the program.

(ii)

The number of covered individuals receiving benefits under the program.

(iii)

An analysis that compares the costs of furnishing assisted living, group home care, or similar services with the costs of furnishing nursing home care.

(iv)

An analysis of the costs and benefits under the program.

(v)

The findings and conclusions of the Secretary with respect to the program.

(vi)

Such recommendations for the continuation or expansion of the program as the Secretary may have.

(2)

Final report—

(A)

In general— Not later than 180 days after the completion of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program.

(B)

Contents— The report submitted under subparagraph (A) shall include the following:

(i)

The findings and conclusions of the Secretary with respect to the program.

(ii)

Such recommendations for the continuation or expansion of the program as the Secretary may have.

(g)

Funding— Amounts to carry out the program shall be derived from amounts appropriated or otherwise made available for the furnishing of nursing home care under chapter 18 of title 38, United States Code.

(h)

Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 209 Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces

(a)

Program required—

(1)

In general— Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces who would, as determined by the Readjustment Counseling Service, benefit from the services provided under the program.

(2)

Participation at election of surviving spouse— The participation of a surviving spouse in the program under this section shall be at the election of the surviving spouse.

(b)

Covered services— The services provided to a surviving spouse under the program shall include the following:

(1)

Information and counseling on coping with grief.

(2)

Information about benefits and services available to surviving spouses under laws administered by the Secretary.

(3)

Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the program with adjusting to the death of a spouse.

(c)

Events— The Secretary shall carry out the program at not fewer than six events as follows:

(1)

Three events at which surviving spouses with dependent children are encouraged to bring their children.

(2)

Three events at which surviving spouses with dependent children are not encouraged to bring their children.

(d)

Duration— The program shall be carried out during the two-year period beginning on the date of the commencement of the program.

(e)

Reports—

(1)

In general— Not later than 180 days after the completion of the first year of the program and not later than 180 days after the completion of the program, the Secretary shall submit to Congress a report on the program.

(2)

Contents— Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the program, and shall include such recommendations for the continuation or expansion of the program as the Secretary considers appropriate.

(f)

Definitions— In this section, the terms active duty, Armed Forces, and surviving spouse have the meanings given such terms in section 101 of title 38, United States Code.

(g)

Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 210 Program evaluation on survivors' and dependents' educational assistance authorities

(a)

In general— The Secretary of Veterans Affairs shall enter into a contract with an appropriate private sector entity to conduct a program evaluation of the authorities for survivors' and dependents' educational assistance under chapter 35 of title 38, United States Code.

(b)

Report— Not later than six months after the entry into the contract required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the results of the program evaluation conducted pursuant to the contract, together with such comments on the results of the program evaluation as the Secretary considers appropriate.

(c)

Effective date— This section shall take effect one year after the date of the enactment of this Act.

Title II — Survivor and Dependent Matters

II Survivor and Dependent Matters