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FROM: Joseph A. Violante, National Legislative Director
SUBJ: LEGISLATIVE UPDATE
DATE: November 27, 2002
SUMMARY OF VETERANS' LEGISLATION
Enacted Into Law During the 107th Congress, 2nd Session H.R. 3253, Department of Veterans Affairs Emergency
Preparedness Act of 2002
Public Law 107-287, Signed by President Bush on November 7, 2002
Establishes four medical emergency preparedness centers:
-To develop methods of defense against the effects of chemical, biological, and radiological weapons posing threats to the public health and safety.
-To provide education, training, and advice to health care professionals, including health care professionals outside the Veterans Health Administration.
-In the event of a disaster or emergency, to provide laboratory, epidemiological, medical, or other assistance to federal, state, and local health care agencies responding to the disaster or emergency.
-H.R. 4015, Jobs for Veterans Act
Public Law 107-288, Signed by President Bush on November 7, 2002
-Gives priority of service for veterans in Department of Labor job training programs. Priority of service is also extended to the spouse of any veteran:
-who died of a service-connected disability
-serving on active duty in the Armed Forces
-missing in action
-forcibly detained or interned in line of duty by a foreign government
-who has a total disability resulting from a service-connected disability
-who died while a total disability evaluation was in existence
This bill also requires Federal contractors to take affirmative action to employ and advance in employment qualified covered veterans. This requirement applies to any subcontract in the amount of $100,000 or more entered into by a prime contractor. Veterans included in this provision are:
Disabled veterans
-Veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign
-badge has been authorized
-Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an
-Armed Forces service medal was awarded
-Recently separated veterans
-The term qualified, with respect to an employment position, means having the ability to perform the essential functions of the position with or without reasonable accommodation for an individual with a disability.
H.R. 4085, Veterans' Compensation Cost-of-Living Adjustment Act of 2002
Public Law 107-247, Signed by President Bush on October 23, 2002
Increases the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by 1.4%.
S. 2237, Veterans' Benefits Improvements Act of 2002
-Pending President Bush’s signature (expected soon)
-Directs the Department of Veterans Affairs (VA) to consider non-service-related hearing loss in assessing the level of disability of veterans who also suffer from service-connected hearing loss.
-Authorizes special monthly compensation for the loss of 25% or more of breast tissue for women veterans who have service-connected mastectomies or who have received radiation treatment of breast tissue.
Increases the amount of special monthly compensation for Medal of Honor recipients from $600 to $1000.
-Allows surviving spouses, remarrying after age 55, to retain CHAMPVA benefits.
-Authorizes placement of a memorial in Arlington National Cemetery honoring World War II veterans who fought in the Battle of the Bulge.
-Requires VA to contract with outside scientific experts to study veterans' exposure to acoustic trauma (loud noises that cause hearing loss or tinnitus) during military service from World War II to the present. VA also must examine the number of claims presented by veterans seeking service connection or health care for hearing loss and tinnitus.
-Authorizes a two-year pilot program for VA to provide hybrid adjustable rate mortgages (ARMs). Like other adjustable rate mortgages, hybrid ARMs provide a lower fixed interest rate for the first 3 to 10 years of the loan, with annual interest rate adjustments thereafter.
-Permits disabled veterans who are eligible for specially adapted housing grants to continue their Veterans’ Mortgage Life Insurance coverage beyond age 70. Adaptive housing grants allow disabled veterans to alter their homes in order to better accommodate their disabilities. This provision allows older, disabled veterans to maintain insurance on these homes.
-Opens decisions of the Court of Appeals for Veterans Claims (CAVC) to possible review by Court of Appeals for the Federal Circuit for questions of law.
-Modifies standard for reversal of erroneous findings of the Board of Veterans' Appeals by CAVC.
-Grants CAVC authority to award EAJA fees to non-attorney practitioners.
H.R. 4546, Bob Stump National Defense Authorization Act for Fiscal Year 2003
Pending President Bush’s signature (expected soon)
-Establishes a new special compensation for certain disabled retirees with 20 years or more active duty, or a combination of active duty and reserve time. The special compensation will equal the amount of retirement pay that is normally withheld for VA compensation for combat-related or other hazardous duty disabilities. The new benefit will be administered by the Department of Defense and will not involve the Department of Veterans Affairs.
Military retirees with combat-related disabilities will be eligible for the new special compensation. The amount will be the same as compensation paid for the combat wound for recipients of the Purple Heart Medal. Also included are retirees with disability ratings of 60% or higher for other illnesses or injuries attributable to combat situations, combat-oriented training, hazardous duty, or instrumentalities of war. Disabilities that were incurred in the preceding four categories qualify for the new plan:
-If the disabling condition was incurred as a result of armed conflict (not resulting in a Purple Heart Medal).
-If the disabling condition was incurred while performing hazardous service—examples are parachute duty, demolition duty, etc.
-If the disabling condition was incurred under conditions simulating war—examples are injuries resulting from war games, practice alerts, grenade and live fire training, hand-to-hand combat training, etc.
-If the disabling condition was caused by an instrumentality of war—examples include if a person steps on a mine, accidents involving military combat vehicles, injury or sickness caused by fumes or gas from military ordnance, etc. There must be a direct causal relationship between the instrumentality of war and the disability.
-All the criteria are based on existing DOD regulations.
-Unlike the current version of special pay that provides a flat rate, the new plan will not be limited to a specific dollar amount, nor is there a requirement that the disability must have occurred within a specific number of years after retirement. Eligible retirees must choose either the new or the old plan, to acquire the maximum benefit.
The effective date for the new program will be six months from the date of enactment, which most likely will be this month, so the effective date should be in May 2003. There will be no phase-in period; full payments will be authorized on the effective date.
JOSEPH A. VIOLANTE
National Legislative Director
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