Congressional Record, Volume 154 Issue 66 (Thursday, April 24, 2008)

[Congressional Record Volume 154, Number 66 (Thursday, April 24, 2008)]
[Senate]
[Pages S3347-S3363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VETERANS' BENEFITS ENHANCEMENT ACT OF 2007

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of S. 1315, which the clerk will
report.
The bill clerk read as follows:

A bill (S. 1315) to amend Title 38, United States Code, to
enhance life insurance benefits for disabled veterans, and
for other purposes.

Pending:

Burr amendment No. 4572, to increase benefits for disabled
United States veterans and provide a fair benefit to World
War II Filipino veterans for their service to the United
States.

Amendment No. 4572

The PRESIDING OFFICER (Mr. Brown). Under the previous order, there is
60 minutes of debate equally divided on the Burr amendment. Who yields
time?
The junior Senator from Hawaii is recognized.
Mr. AKAKA. Mr. President, I see that my colleague is here, Senator
Inouye of Hawaii. Before I make my statement on S. 1315, I yield time
to the senior Senator from Hawaii, Mr. Inouye.
The PRESIDING OFFICER. The senior Senator from Hawaii is recognized.
Mr. INOUYE. Mr. President, in 1898, when the United States defeated
Spain in the Spanish-American War, we found ourselves suddenly becoming
a colonial power. In opposition was the Philippines. Until the end of
the war, World War II, we exercised jurisdiction over the Philippines
like a colonial power.
However, in July of 1941, when we noted the presence of war clouds
over the Pacific and Asia, we called upon the Filipinos to consider
volunteering to serve the United States under American command.
Thirteen days after December 7, we issued a command order inviting
Filipinos to volunteer--it was a crucial time--and 470,000 Filipinos
volunteered. From that number, we developed the Commonwealth Army of
the Philippines--200,000. We set aside 200,000 of them to serve as
guerrilla fighters and about 50,000 to serve as guards and patrols on
the shore and along the borders.
History now shows us the Japanese attack, and as a result we had two
tragic battles, Corregidor and Bataan. Before these battles were
determined and ended, General MacArthur, the commander, was ordered to
leave the Philippines, and he left with his staff and arrived in
Australia. The Filipinos were left to do their part without proper
armament, proper medicine, and with inadequate food. But they fought.
I think all of us remember the Bataan Death March when 75,000 were
ordered to march 65 miles without food, medicine, or water. Along that
trip, only 54,000 survived--the rest died. I think all of us recall the
heroic movies that were filmed as a result of that march. The Bataan
Death March became part of the vocabulary of the United States.
We saw Americans being bayoneted, hit, and killed. But the facts show
that of the over 75,000 who had to undergo and suffer the Bataan Death
March, 15,000 were Americans and 60,000 were Filipinos. They are the
ones who got bayoneted. They are the ones who were slaughtered and
killed.
Well, these Filipinos were willing to fight for the United States, to
stand in harm's way on our behalf. They fought throughout the war as
guerilla fighters. They suffered thousands of casualties. Those who
were fighting for America's cause and fighting under the command of
American officers, strangely, could not receive American medals.
Now, if one should go to Baghdad, if he is wounded, he gets a Purple
Heart. If he does something heroic, he gets a Bronze Star or Silver
Star or DSC. Once in a while, someone gets a Medal of Honor. Well, in
this case, these matters were not recognized.
The war ended on September 2, 1945, when the Japanese signed the
surrender on the deck of the USS Missouri. At that moment, we did not
have an ambassador nor an embassy, but we had a high commissioner who
was not authorized to accept applications for citizenship. Remember,
one of the promises was citizenship.
So about December, Washington sent an official of the Immigration and
Naturalization Service to receive applications from Filipinos. Well, he
had no staff; he had to do it all on his own. But within a month,
Washington decided to recall him. So here we had line upon line of
Filipinos waiting to submit their application but no one to receive it.
Then, in early February of 1946, the Congress of the United States
passed a measure signed by the President repealing and rescinding the
act that we passed in July of 1941, and the Executive order that was
issued right after December 7, in which we promised Filipinos if they
fought for us, shed their blood, risked their lives and limbs, if they
wished they could become citizens of the United States and get all of
the veterans' benefits.
Keep in mind Manila was the most devastated city in World War II, so
there were no veterans hospitals. That came later.
Well, this veterans bill has a provision in it--a provision of
honor--in which, finally, after over 65 years, we will restore our
honor and tell the Filipinos: It is late, but please forgive us. There
are few remaining of the hundreds of thousands of Filipinos who
volunteered and risked their lives. At this moment, I think there are
about 18,000 left. As I speak, I am certain some are on their deathbed
and dying.
This provision has some rather insulting provisions, but the
Filipinos are willing to take it. Some of my colleagues have suggested
that the cost of living in the Philippines is less than the cost of
living here, so their pension should be one-third of an American GI's,
who did the same thing, with the same injury--but one-third. That is
all right. But to suggest only those who were in combat, I don't know
what that means.
For example, in Iraq, whether you are out on the street or on the
boulevard in a truck or in the so-called Green Zone, you are on the
front line. Bombs can hit you anywhere. It is the same thing with a
guerrilla fighter. Where is the front line for a guerrilla fighter? Is
it the jungle? Is it the city? Is it his home?
My colleagues, I hope we will take this opportunity today to restore
the honor of the United States and undo the broken promise and make it
good. There are a few Filipino World War II veterans left. At least we
can face them and say: Yes, it took us a little while, but we are going
to carry out our promise. Let's do that.
I yield the floor.
The PRESIDING OFFICER. The junior Senator from Hawaii is recognized.
Mr. AKAKA. Mr. President, how much time is left?

[[Page S3348]]

The PRESIDING OFFICER. The Senator from Hawaii has 20 minutes
remaining.
Mr. AKAKA. Mr. President, I am very pleased that S. 1315, as reported
by the Veterans' Affairs Committee, the proposed Veterans' Benefits
Enhancement Act of 2007, is finally before the Senate for consideration
and action.
I want to express my huge gratitude to the majority leader, also the
minority leader, and especially to my friend, the ranking member, for
coming to an agreement for our offering today.
This comprehensive legislation would improve benefits and services
for veterans both old and young.
The Veterans' Affairs Committee reported S. 1315 to the full Senate
in August of last year. At that time, my belief was that debate and
consideration of this legislation by the full Senate, would take place
during September. That did not happen. Now we have a good agreement.
As I have described in detail this week, further action on the bill
has been blocked because of opposition from the other side of the aisle
to certain benefits for Filipinos who fought under U.S. command during
World War II.
Mr. President, the people of the Philippines did not shy from the
call to fight during World War II. They were true brothers in arms who
fought valiantly under U.S. command in World War II. This bill, at long
last, recognizes the valor of all Filipino veterans in sacrifice to
this noble cause and loyalty to their American commanders.
On July 26, 1941, President Franklin D. Roosevelt issued an Executive
order ordering all military forces of the Commonwealth of the
Philippines into the service of the Armed Forces of the United States
under the command of a newly created command structure called the U.S.
Armed Forces of the Far East.
According to orders from General MacArthur, Philippine units once
mustered into U.S. service would be paid and supplied from American
sources.
The unique relationship between the Philippines and the United States
made the Philippine islands particularly susceptible to Japanese
aggression during the war.
Historians agree that the Japanese strategy was based upon a plan to
destroy or neutralize the U.S. Pacific Fleet at Pearl Harbor, and to
deprive the United States of its base in the Philippines. Were it not
for the U.S. presence, the Philippines would not have presented the
Japanese with a strategic threat and turned into a battlefield.
The Philippine forces under U.S. command suffered heavy casualties as
a result of the Japanese invasion. It is estimated that 10,000
Filipinos died during the Bataan Death March, along with 3,000 U.S.
soldiers. The Philippines, throughout the war, suffered great loss of
life and tremendous physical damage.
By the end of the war, the capital city of Manila was in ruins and up
to one million Filipinos had been killed.
In October 1945, General Omar Bradley, then Director of the Veterans'
Administration, affirmed that all Filipinos who served under U.S.
command were entitled to all benefits under laws administered by that
agency.
However, in 1946, the U.S. Congress, through the Rescissions Act of
1946, withdrew veteran status from certain Filipino veterans of World
War II.
Upon passage of the Rescissions Act, President Harry Truman expressed
his disapproval of the withdrawal of benefits from Filipino veterans.
He stated:

There can be no question, but that the Philippine veteran
who is entitled to benefits bearing a reasonable relation to
those received by the American veteran, with whom he fought
side by side.

The action by Congress in 1946 to strip Filipino veterans who served
under the American flag during World War II of the recognition and
benefits that were their due was a grave injustice. It is especially
regrettable that this injustice has existed for so many years.
I wish to speak briefly about the purpose of pension benefits and
more specifically about the pension benefit in the pending bill.
Veterans' pension benefits are provided to allow veterans to live in
dignity and meet their basic needs. The amounts proposed in this
legislation would permit Filipino veterans who have been denied their
rightful status as United States veterans for too long to finally live
in dignity.
Unlike other World War II veterans, these veterans have been denied
pension benefits for over 60 years. It is also important to note that
these benefits are not retroactive.
The amounts proposed are sufficient to give aged Filipino veterans a
payment that would allow them to meet their basic needs for adequate
nutrition and medicine.
The pension proposed for Filipino veterans is less than one-third of
the basic amount provided to veterans living in the United States, in
recognition of the lower cost of living in the Philippines. Measured
against the aid and attendance standard, the proposed benefit is about
one-sixth of the amount provided to veterans in the United States.
Because the income and asset verification procedures used in the
United States are not available in the Philippines, and it is not
feasible to develop an administratively efficient system in the
Philippines to monitor the income and assets of pension recipients, the
bill provides a flat benefit amount substantially lower than that paid
in the United States.
I believe firmly that the proposed amount is a reasonable benefit
taking into account all of these factors.
As I have said time and time again, this legislation would correct an
injustice that has existed for over 60 years. I, like President Truman,
believe it is the obligation of the United States to care for those who
have fought under the U.S. flag. It is past time to right that wrong.
As my fellow World War II veteran, the senior Senator from Alaska,
said only yesterday, this is about honor. I believe it is the moral
obligation of this Nation to provide for those who served under the
U.S. flag and alongside the U.S. troops during World War II.
The soldier's creed is to leave no fellow warrior behind. I believe
in that creed. I believe it is important to acknowledge the valiant
service of those Filipino veterans of World War II who served under
U.S. command.
Mr. President, I reserve the remainder of my time and yield the
floor.
The PRESIDING OFFICER. Who yields time?
Mr. STEVENS. Mr. President, will the Senator yield me time, please?
Mr. BURR. Mr. President, I yield the Senator what time he may use.
The PRESIDING OFFICER. The senior Senator from Alaska is recognized.
Mr. STEVENS. Mr. President, the Veterans Benefits Enhancement Act of
2007 would recognize the service and sacrifice of Filipino veterans who
fought under our flag in World War II. I join my good friends and
fellow World War II veterans, Senator Inouye and Senator Akaka, in
supporting the restoration of veterans benefits to these heroic
individuals.
Filipino troops fought as American nationals, under the American
flag, alongside American soldiers, and under the command of American
GEN Douglas MacArthur, earning themselves the status of U.S. veterans.
Like most American troops, Filipino soldiers were effectively drafted
into the U.S. military.
When war with Japan became imminent, President Franklin Roosevelt
ordered the military forces of the Philippines into the service of the
U.S. Armed Forces. The President held this authority because the
Philippine Islands were a U.S. possession and the power was written
into our law.
The position of these Filipino soldiers was similar to the thousands
of courageous Alaskans who volunteered to serve in the Alaska
Territorial Guard and protect Alaska before it became a state.
Nearly 60 years later, in 2000, Congress determined that the service
of the Alaska Territorial Guard was ``active duty'' service, making
them eligible for the same veterans benefits Filipino veterans now
seek.
Just 10 hours after the attack on the U.S. at Pearl Harbor, Japan
invaded the Philippines. In the years of war that followed, Filipino
soldiers fought alongside American troops with uncommon valor and
loyalty to the United States.
Stories of their heroism and sacrifice are abundant. Outnumbered by
the Japanese and forced out of Manila, Filipino soldiers and U.S.
troops held

[[Page S3349]]

their ground for months before being forced to surrender on the Bataan
Peninsula and in Corregidor.
Nearly 80,000 Filipino and U.S. soldiers were taken prisoner and
forced to walk to a prison camp over 65 miles away in what became known
as the infamous ``Death March.'' As many as one in three of these men,
weakened by disease and malnutrition and tortured by their captors,
died before reaching their destination.
After their American leader, GEN Douglas MacArthur, was ordered to
Australia, thousands of Filipino guerilla soldiers continued resisting
Japanese occupation for nearly 3 years. When MacArthur and allied
forces returned, Filipino soldiers fought fiercely until Japan's
surrender.
One million Filipino combatants and noncombatants died in World War
II. In comparison, approximately 400,000 U.S. troops lost their lives
in all theaters of the war.
As President Truman would later say of the Filipino troops: ``Their
assignment was as bloody and difficult as any in which our American
soldiers engaged.''
Congress should remember the vital contributions of Filipino veterans
to the success of the allied forces. Their resistance distracted the
Japanese in the Islands, preventing them from deploying elsewhere and
possibly reaching the U.S. mainland.
These soldiers bought precious time for General MacArthur to mount a
successful counterstrike.
After the war, the U.S. Veterans' Administration determined these
service members met the definition of ``active Service'' in the U.S.
Armed Forces and were eligible for full VA benefits.
Under the Rescission Acts of 1946, however, many Filipino veterans'
World War II service no longer qualified as `active duty' service.
Congress stripped these soldiers of the benefits they had earned.
Filipino veterans and their advocates have fought for the Restoration
of these benefits for more than 60 years.
This bill contains provisions that would restore U.S. veteran status
to all Filipino World War II Veterans, increase service-connected
disability compensation, and provide a reduced flat rate pension to
many Filipino veterans residing in the Philippines.
Nonservice-connected pension and death pension benefits are available
to all qualifying U.S. veterans regardless of race, national origin, or
citizenship status.
Many Filipino World War II veterans and their survivors have been
excluded from receiving these benefits. This bill proposes a reasonable
and fair way to assist to these veterans.
The expense of this reduced benefit is justified by the contribution
of Filipino veterans to this country. If not for their service, the
fate of the United States could have been very different. For this,
they should be treated as American veterans.
The proposed benefit would cost only a fraction of what it would have
if pensions were made available to alL Filipino veterans who were
entitled. The Embassy of the Philippines claims there were 470,000
Filipino veterans after the war.
Today only about 18,000 of these veterans--most in their eighties--
still survive.
Filipino World War II veterans residing in the Philippines have been
denied eligibility for pension benefits for more than 60 years. A
pension benefit about one third the size of that available to veterans
in the United States is not overly generous.
I hope Congress will recognize the service of all our Filipino World
War II Veterans just as we have for the Alaska Territorial Guard.
It is time we show our Nation's gratitude for the role Filipino World
War II veterans played in our history, fighting alongside soldiers from
the U.S. and helping us secure victory over tyranny.
Mr. President, I am grateful to the Senator from Hawaii, Mr. Akaka,
for the comments he made. I do believe this is a matter of honor. I
understand how some of the younger Senators might view this as being
costly, but I wish to put it in perspective.
As I pointed out, there were approximately 1 million Filipinos killed
in action in the defense of our country in World War II. Approximately
a half a million survived. Actually, during the war, as I have also
pointed out, President Roosevelt said all Filipinos were subject to
service in our Armed Forces; in effect, he conscripted the Filipinos to
serve.
Those who survived were treated at first as our veterans on the
mainland. Subsequently, it was determined that those who came to our
country, to the mainland, would be treated fully as veterans of all
types in the country were treated. We have to remember, this was an
all-male military, primarily a draftee Army of over 16 million men.
First the VA determined all Filipino veterans were subject to the
same laws as in the United States. If a person came to the United
States as a veteran from the Philippines, he was automatically given
citizenship and entitled to full benefits of all the veterans laws,
including the GI bill, the right to have money to build a home, and a
lot of other benefits were involved in those actions taken by Congress
to try and deal with the returning veterans and help them regain their
lives.
Later, it was determined that those benefits would not be paid to
many of those who stayed in the Philippines. We have been trying for
many years to restore those payments. I commend the Senators from
Hawaii for trying to do so.
Actually, we had a parallel situation in the Alaska Guard. The Alaska
Guard was primarily made up of Eskimos and Alaska Native people who
patrolled the borders of Alaska. I remind the Senate that we have half
the coastline of the United States. Those people who were in the Alaska
Guard patrolled with their dogsleds without any uniforms being issued
to them. It took us a period of time until we were able to recognize
them, and we did so. We finally awarded those people in the National
Guard their rights as veterans of the United States military forces.
This is something we have to do, as far as I am concerned. The
provision in this bill restores the benefits these Filipino veterans
have earned. I do believe, as I pointed out the other night on the
floor, the Senate should know that Senator Inouye and I went to the
Philippines this year and met with some of these people. I am 85 this
year and my friend is 84, and we were the youngsters at the meeting.
These Filipino veterans who are surviving are our age or older. Most of
them are infirm. There are 18,000 left out of the 470,000 plus, almost
half a million survivors. This bill restores their benefits.
How long can they last? People who have talked about the cost of this
benefit I think misunderstand the situation. This is not a cost of
today's economy. This is not a cost for today's taxpayers. This is a
burden that should have been borne before.
These people have not had these benefits during all of these years,
and they have asked us now, as a matter of honor, to restore their
rights before they leave this planet.
I, for one, appeal to the Senate. As I said, there are now only five
of us from World War II left in the Senate. When I came here, there
were more than 70. There would be no question--I didn't know this
actually happened, I have to tell you. We discovered a year ago, when
Senator Akaka raised it, that this situation exists in the Philippines.
I do believe it is an action that must be taken. These people not only
now are our allies, but they have warmly supported our efforts
throughout the world. I do believe to recognize the service and
sacrifice of these Filipino veterans who fought under our flag in World
War II is absolutely essential. These benefits are going to the heroes
of the Philippines who are now surviving.
Lastly, I again point out to the Senate, those who lived through that
time know if they had not made this sacrifice, if they had not lost
two-thirds of their men in World War II, we would not have had the time
to rebuild America. We would not have had the time to bring in the
forces, to train the people who finally carried the war throughout the
world to two tyrants, to Hitler and to the Japanese.
We have not had a world war since that time, and I do hope the world
will never see another world war. But these people were the keys to the
Pacific. Without them, we would have certainly been at war another
couple of years at least and certainly would have seen an exchange of
atomic weapons by that time. They gave us the time to survive,

[[Page S3350]]

and I think we ought to give them their rights before they leave this
planet.
I thank the Chair.
The PRESIDING OFFICER. Who yields time?
The Senator from North Carolina.
Mr. BURR. Mr. President, I yield myself as much time as I may
consume.
Chairman Akaka is a good man and a fair man. He is a wonderful
chairman. He has produced a bill which has a tremendous amount of good.
I am in deep respect of Senator Inouye and Senator Stevens. This
country owes both, as well as all World War II veterans, a tremendous
thanks for their commitment.
As Senator Stevens mentioned ages, it made me think, on Monday my dad
turned 87. He fought in the Pacific. He did it because it was the right
thing to do. I believe protection of our veterans is the right thing to
do.
Let me, if I may, focus everybody on what S. 1315 is. I ask a chart
be put up. One might hear this debate and think this is all about a
special pension for Philippine veterans who live in the Philippines who
have no service-connected disability. There is a difference. This bill
is so much more.
It is $332 million in Philippine benefits, of which $221 million is
devoted to a new special pension that does not exist. There is a term
life insurance program for our veterans of $83 million over 5 years and
$326 million over 10 years; state approving agencies, $60 million;
mortgage life insurance for our veterans, $51 million, retroactive
traumatic injury, on-the-job training benefits, supplemental insurance,
housing grants for burned injured, auto grants for burned injured, COLA
for surviving spouses, and much more.
I wanted to highlight those items that are mandatory spending in the
bill.
This is a good bill. Regardless of the outcome of my amendment, I
want my colleagues to support final passage of this bill.
Having said that, I highlight the fact that we do have a difference
as it relates to the pensions. Before I get into the specifics of why I
believe, not as some have portrayed it that I believe it is too costly,
I believe that, one, there was not a promise made. We did not imply it.
It was not an impression that people had; that, in fact, when we look
back at those individuals who served in this Chamber who made the
decision on the Rescissions Act, they looked at the history very well.
They looked at what Franklin Roosevelt said and the documents that
backed it up. They looked at what General MacArthur said and the
documents that backed it up. And they felt this was not the way for us
to go.
Mr. President, I wish to yield a short period of time to my
colleague, Senator Cornyn.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mr. CORNYN. Mr. President, I appreciate Senator Burr's leadership on
this issue. I, too, express my appreciation, and I have to say our two
Senators from Hawaii are beloved by all Members of this Senate and
people whom we respect enormously, as well as the Senator from Alaska.
My father was a veteran of World War II, and the service each of
these veterans has provided for our country and for our freedom and
security is something we can never thank them for enough.
I agree with Senator Burr that this bill is largely a very good bill,
and I am proud to have contributed some provisions that helped enhance
veterans' benefits, primarily by cutting redtape that would allow
disabled Active-Duty Military personnel to get housing benefits before
they officially retire from Active Duty; making family members eligible
for housing grants if they are caring for a wounded warrior--and I
especially want to recognize the good work of Rosie Babin, the mother
of Alan Babin, of Round Rock, TX, who brought this to my attention, and
so now we have this provision--and ensuring that burn victims are
eligible for housing grants--and this is an area where I want to
recognize the work of Christy Patten, the wife of Everett Patten, from
Kentucky, who was hospitalized at the Brooke Army Medical Center with
burns he received from an IED, and I thank them for the help they
provided me in working with the Veterans' Affairs Committee to make
sure they were provided for here.
I appreciate the good work our Filipino allies contributed to our
effort in the Far East, but I have to say that the problem I have with
this bill, and the reason why I agree with Senator Burr, is that the
U.S. Treasury is not bottomless, and the funding that is being provided
to create this new pension for these Filipino allies, which were of
course fighting not only with us but for themselves and for the freedom
of their country, is that it would literally be at the expense of U.S.
veterans.
The $221 million that is addressed by Senator Burr's amendment would
actually go back in to supplement benefits for United States veterans.
And while we appreciate and honor and do nothing but show our respect
to all of our allies who fought alongside of us in World War II,
certainly that doesn't mean we are going to grant pension benefits to
all of our allies, starting with the Filipino veterans, or the British,
or the Australians, and all the other allies that fought with us in
defeating Hitler and the threat in Japan.
Frankly, I can't see our priorities are correct if we do this at the
expense of American veterans. That is why I support the amendment by
Senator Burr, and I hope our colleagues will vote for it, because
certainly our American veterans should be our priority.
I yield the floor.
Mr. BURR. Mr. President, I thank the Senator from Texas.
Let me highlight one area from these 11 points of the substance of
Senator Akaka's bill, and it is the creation of a new special pension
of $300 a month to Filipino veterans who live in the Philippines who
have no service-connected disability and who did not serve in the
United States services.
Now, the reason I want to draw that distinction--and I will ask for
the next chart--is there are four groups of Filipino veterans. It is
important to understand that the group we refer to as Old Scouts
enlisted in the U.S. Army. Because they enlisted in the U.S. Army, they
are extended every benefit a U.S. veteran has. We had three other
groups, though, the Commonwealth Army of the Philippines, Recognized
Guerilla Forces, and New Philippine Scouts. Of those three categories,
none were enlisted in the U.S. service.
Senator Inouye was correct, they were under U.S. command. There were
a lot of people in the Second World War who were under the U.S.
command. But the official account lists this as the Commonwealth Army
of the Philippines. Now, the question that is at the heart of the
matter here is: Were Filipino veterans promised VA benefits? According
to the information provided in a 1998 congressional hearing, the
Department of the Army examined its holdings on General McArthur and
President Roosevelt and found no reference by either of these wartime
leaders to post-war benefits for Filipino veterans.
Let me draw a distinction. For any Philippine veteran who has a
service-connected disability, they are compensated today, whether they
live in the United States or whether they live in the Philippines. For
the soldier in the Commonwealth Army of the Philippines, those whom
Senator Stevens referred to from the Bataan Death March or side by side
in the foxhole, and who had a service-connected disability, they
receive compensation from the U.S. Government today, and have
continually. The reference that they only got part of what the U.S. vet
gets is, in fact, accurate. Because of the difference in the two
economies, it was structured to recognize their economy and not to
provide more than an equal share to U.S. veterans.
In this bill, we make a change, and that is why, when I alluded to
the fact there is $320 some million designated for Filipinos but only
$221 million designated to the special new pension, the other $100
million Senator Akaka has recognized that 50 cents on the dollar is
very difficult to substantiate. What he does is he raises it dollar for
dollar with U.S. veterans.
Let me put that in perspective. For a 100-percent disabled veteran in
the Philippines today, it means today they get $1,200 a month. After
this bill passes, they will get $2,400 a month, in an economy where the
average annual income is $2,800 a month. We will take every
servicemember, regardless of which of those three branches of the
commonwealth army they served in, and they will be in the elite class
from

[[Page S3351]]

a standpoint of income. I support that. I support Senator Akaka's
change in the law.
But the root issue raised is: They were promised something more. Was
it Congress's intent to grant full VA benefits to Filipino veterans?
First, it is important to note that it was a 1942 VA legal opinion
which concluded that Filipino veterans had served ``in the active
military or naval service of the United States'' and on that basis were
eligible for VA benefits. Senator Carl Hayden, who in 1946 was the
chairman of the Subcommittee on Appropriations, had this to say about
VA's legal determination regarding Philippine Army veterans during the
committee proceedings in March of that year:

There is nothing to indicate that there was any discussion
of the meaning of that term, probably because it is generally
well recognized and has been used in many statutes having to
do with members or former members of the American armed
forces. It would normally be construed to include persons
regularly enlisted or inducted in the regular manner in the
military and naval service of the United States.

He goes on to say:

But no one could be found who would assert that it was ever
the clear intention of Congress that such benefits as are
granted--under the GI Bill of Rights--should be extended to
the soldiers of the Philippine Army. There is nothing in the
text of any of the laws enacted by Congress for the benefit
of veterans to indicate such intent.

He goes further to say:

It is certainly unthinkable that Congress would extend the
normal meaning of the term to cover the large number of
Filipinos to whom it has been suggested that the Servicemen's
Readjustment Act of 1940 applies, at a cost running into
billions of dollars, aside from other considerations, without
some reference to it either in the debates in Congress or in
the committee reports.

Maybe this is the debate in Congress.
This issue was raised in 1997, and in June of that year, when the
Clinton administration was asked to testify on this, Stephen Lemons,
Acting Under Secretary for Benefits, was quoted in the hearing as
saying this:

History shows that the limitations on eligibility for U.S.
benefits based on service in these Philippine forces were
based on a carefully considered determination of the
government's responsibilities toward them.

They testified against extending that benefit.
In 1948, there was a House hearing, and in that House hearing there
was an exchange between witnesses and Members of the House. There was a
Father Haggarty who came to testify, and I read from the official
accounts of that hearing. This is Father Haggarty:

It was constantly promised, as the ambassador mentioned, in
radio broadcasts, official American broadcasts to the
Philippines in the war. It was definitely promised by General
McArthur, General Wainwright, and also it has been
acknowledged, I believe, that the Philippine groups
recognized the guerrillas, acting as members of the United
States Armed Forces, were entitled at one time to complete GI
bill of rights. That is, they were included. I believe that
is correct, and were later left out.

Mr. Allen, Member:

May I say there, Father, I know you are sincere about it,
but I think you are in error. Because there are three or four
of us here on the committee who were present when the GI bill
was written, and I don't think that ever entered into it.

So the individuals who wrote the GI bill in a committee hearing are
verifying that was not even discussed, much less their intent.
There are a number of documents that have existed as committees have
held hearings over a period of time from the Department of the Army,
from the Roosevelt library. There have been searches everywhere to try
to find any documentation that would lead one to believe that there was
a promise, that there was an insinuation, and the fact is, whether it
is Roosevelt documents, whether it is Army documents, whether it is
General MacArthur's personal documents, no one can find anything, other
than ``we believe this existed.''
What factors influenced Congress's decision to limit certain VA
benefits to Philippine veterans in what is known as the Rescissions Act
of 1946, where it was made perfectly clear in legislation that this was
going to happen? Well, you have heard it from the authors of the GI
bill. ``We never intended this to be extended.'' The Congressional
Research Service testimony in April of 2007 provided the following
conclusion based on its review of the congressional history.

It seems clear that Congress considered the Rescissions Act
in the context of providing for the comprehensive economic
development of the soon to be sovereign Republic of the
Philippines.

President Truman, in signing the Rescissions Act, reminded everyone
in the United States that we shared responsibility with the Philippine
Government for the welfare of Philippine veterans, but recognized that
certain practical difficulties exist in applying the GI bill of rights
to the Philippines.
Again, the second President in the line suggesting that this was not
the intent.
As I said earlier, we extend disability compensation to any Filipino
veteran, regardless of Commonwealth Army or of the U.S. Army, who was
injured in service or disabled because of service. Now, what have we
done? What specifically has the United States done since we left the
Philippines?
After the war, the U.S. provided $620 million--in today's dollars
that is $6.7 billion--for repair of public property and war damage
claims and assistance to the Philippine Government. VA compensation for
service-related disabilities, as I said, and survivor compensation was
also provided, and again paid at a rate that reflected differences in
the cost of living.
We are changing that. We are raising it to 100 percent. The United
States provided $22.5 million--$196 million in today's dollars--for the
construction and equipping of a hospital in the Philippines for the
care of Filipino veterans. In addition, the U.S. Government provides
annual grants to support the operation of the hospital, which was later
donated to the Philippine Government. The grants continue to exist
today.
Survivors of the Filipino veterans who died as a result of service
are eligible for educational assistance benefits. Filipino veterans
legally residing in the United States are eligible for full-rate
disability compensation, full-rate cash burial benefits, full access to
the VA health care clinics, medical centers, and burial in our national
cemeteries.
I am not sure anybody can leave this debate and say we have not done
our share. So we are back to one issue: the special pension. We are
back to the creation of a special pension for some number of Filipinos
who served or were affiliated with the Commonwealth Army of the
Philippines that would place them in a pension category of $300 a
month.
I will ask for the last chart to go up. I made this case 2 days ago
extremely hard, and I want my colleagues to listen. The proposal to
raise $300 is on top of what is currently paid by the Filipino
Government to every veteran. That is $120 a month. That $120 a month in
the Philippines puts every veteran 400 percent above the poverty line
in the Philippines. Let me put it in perspective to the United States.
For our veterans who receive a special pension because of income, that
pension equates to 10 percent above the poverty line. Today, the $120 a
month equates to 400 percent above the poverty line.
What we are being asked to do in 1315, and what I am cutting from
1315 and allocating to our veterans, is $300 a month, which would raise
the Filipino veterans to 1400 percent over poverty.
Mr. President, that is 27 percent over the median annual income of a
Filipino.
I might once again say, for U.S. veterans under special pensions,
they are 10 percent above poverty; they are at 21 percent of median
income--under, not over. This one change, this one creation of a new
program, puts the whole group at 1400 percent over the poverty line and
27 percent over the median income. This is on top of the $1,200, if
they are fully disabled, that they are currently getting each month.
What Senator Akaka will do in his bill, and I support, raises that to
$2,400 if they are 100 percent disabled.
I say to my colleagues, we are not here to create another class in
the Philippines. I hold Senator Inouye's and Senator Stevens' belief
that we owe these individuals so much--but so do we to our veterans, to
my dad who just turned 87 who fought in the Pacific. Senator Craig, in
the committee markup, attempted to reach a compromise. He offered $100
versus $300. It was rejected. The chairman knows I do not have any ill
will over that; a decision was made, and it was rejected on a party-
line vote.

[[Page S3352]]

I hope--and I say this to the chairman today--I hope this is the last
time while I am here when the Veterans' Affairs Committee brings a bill
to the floor that does not have the bipartisan consensus that history
has proven, and I think he and I can accomplish that.
We inherited something on which we were incapable of coming to some
compromise, so we have a tough decision to make. That decision today is
about, frankly, our veterans or their veterans. Are we going to enhance
the benefits for housing grants and for car grants or are we going to
create a new special pension for Filipino veterans who live in the
Philippines who have no service-connected disability? It is an issue
of, Is it equitable?
What my amendment does is simple. It eliminates this new special
pension and takes the $221 million and increases the grants that we
have in adaptive housing for our burned veterans and for car grants.
We respect and we are grateful for the brave Filipino fighters, but
this is about today, not yesterday. It is about the needs of our
veterans, the equity of our generosity. It is not about broken
promises, it is about recognizing priorities. It is not about young
Members looking and saying that is too much money. No, it is about
young Members looking and saying: You know what, when you can't fund
everything you have to prioritize.
I urge my colleagues, I implore my colleagues, support my amendment
and make sure we put our priorities in the right place. Then vote for
passage. Support the chairman in his efforts for passage and know that
each one of us will have upheld our responsibilities to our warriors,
those individuals who protect us every day we are here.
I yield the floor.
The PRESIDING OFFICER (Mr. Tester). The time of the Senator has
expired. The Senator from Hawaii.
Mr. AKAKA. Mr. President, I yield 5 minutes to the Senator from New
Jersey, Mr. Menendez.
Mr. MENENDEZ. Mr. President, the Veterans' Benefit Enhancement Act we
are debating contains a number of important benefits to provide for our
veterans. It would expand eligibility for traumatic injury insurance,
provide job training, and help disabled veterans make their homes more
accessible. That is all worthy.
There is also another issue. In 1941, President Roosevelt called on
the people of the Philippines to fight for their freedom and ours, and
thousands of brave Filipinos answered the call. They carried out
operations to liberate their homeland and joined us in support of our
efforts in the Pacific theater. They fought and died at Corregidor,
they were with us on the beaches of Bataan, and in the death marches.
They were there when General MacArthur promised he would return, they
fought using guerrilla tactics to tie down the Japanese, and they
fought under General MacArthur when he came back and said, ``I have
returned.''
Throughout the war, Filipino soldiers fought under the American flag,
serving with valor, strength, and dignity. President Roosevelt
guaranteed those brave soldiers that the United States would come to
their aid in times of peace, just as they had come to our aid during
times of war.
He guaranteed them equal veterans' benefits--a fair promise,
considering their service and considering the law of the land, as they
were full members of the U.S. military.
But in 1946 in one of the most misguided legislative actions at the
time, Congress took away the benefits that the President of the United
States had promised them, benefits they had rightfully earned.
Of the approximately 250,000 Filipino veterans who fought for us in
America, only 18,000 are still alive today. Many of them are searching
for ways to pay for health care and struggling in ways they never
should. These veterans have more yesterdays than tomorrows. They are
well into their eighties, and in terms of our budget, what this bill
would cost over the next 10 years we are spending in Iraq every 18
hours. Those who say it will cost too much are the same voices who said
it would cost too much to do what Democrats did under the leadership of
Senator Akaka when, for the first time, we fully funded the veterans
independent budget.
When we bring this bill to a vote, we will be answering a very simple
but powerful question: Does our Nation keep its promises? We need to
right an injustice of the past and show our allies, for future purposes
as well, when we tell people to join us in our fight against terrorism,
to join us in our fight against other challenges in the world, that
America honors its obligations to those who fight for the values and
principles we collectively share.
This is a critical time to send a message to friends of freedom
across the world that we remember our allies, and we pay our debts.
Our distinguished colleagues in this Senate who have served during
World War II have said this is not simply a question of budget, this is
a question of honor. These individuals of honor put their lives on the
line for our Nation, and now the honor of our Nation is on the line.
Let's just show a fraction of the bravery they did and vote to
restore to them what they were promised, what was the law, and what
they rightfully earned.
Now, like lawyers, there are some who are picking on points here or
there to build a case against these benefits. In my mind it is a case
made of sand. Let's vote to bring an honorable ending to this story and
in however small a way let us pledge now to give them dignity in the
twilight of their lives.
I urge my colleagues to support Senator Akaka's bill as it is to be
able to keep our word in the world.
Mr. President, to reiterate, the Veterans' Benefits Enhancement Act
that we are debating contains a number of important measures to provide
for our veterans. It would expand eligibility for traumatic injury
insurance, provide job training, help disabled veterans make their
homes more accessible. And that is all worthy. But there is also
another issue.
In 1941, President Roosevelt called on the people of the Philippines
to fight for their freedom and ours, and thousands of brave Filipinos
answered the call. They carried out operations to liberate their
homeland, and joined us in support of our efforts in the Pacific
Theater. They fought and died at Corregidor. They were with us on the
beaches at Bataan, and in the death marches. They were there when
General MacArthur promised he would return, they fought using guerilla
tactics to tie down the Japanese, and they fought under General
MacArthur when he came back and said, ``I have returned.''
Throughout the war, Filipino soldiers fought under the American flag,
serving with valor, strength, and dignity. President Roosevelt
guaranteed those brave soldiers that the United States would come to
their aid in times of peace just as they had come to our aid during
times of war. He guaranteed them equal veterans' benefits--a fair
promise, considering their service, and considering the law of the
land, as they were full members of the U.S. military.
But in 1946, in one of the most misguided legislative actions of the
time, Congress took away the benefits that the President of the United
States had promised them--benefits they had rightfully earned. Of the
approximately 250,000 Filipino veterans who fought for us in America,
only about 18,000 are still alive today. Many of them are searching for
ways to pay for health care, and are struggling in ways they never
should.
These veterans have more yesterdays than tomorrows. They are all well
into their eighties. In terms of our budget, what this bill would cost
over the course of 10 years, we are spending in Iraq every 18 hours.
So those who say it costs too much are the same voices who said that
it would cost too much to do what Democrats did under the leadership of
Senator Akaka, when for the first time we fully funded the veterans
independent budget. When we bring this bill to a vote, we will be
answering a very simple but powerful question: Does our Nation keep its
promises?
We need to right an injustice of the past and show our allies for
future purposes as well; when we tell people join us in our fight
against terrorism, join us in our fight against other challenges in the
world that America honors its obligation to those who fight for the
values and our principles that we collectively share. This is a
critical time to send a message to friends of freedom across the world:
we remember our allies and we pay our debts.
Our distinguished colleagues in the Senate who have served during
World

[[Page S3353]]

War II have said, this is not simply a question of budget. This is a
question of honor. These individuals of honor put their lives on the
line for our Nation, and now the honor of our Nation is on the line.
Let us show them just a fraction of the bravery they did, and vote to
restore them what they were promised, what was the law and what they
rightfully earned.
Now, like lawyers there are some who are picking on points here and
there to build a case against these benefits, in my mind is a case made
of sand. Let us vote to bring an honorable ending to this story and in
however small a way, let us pledge now to give them dignity in the
twilight of their life. I really urge my colleagues to support Senator
Akaka's bill as it is, and be able to keep our word in the world.
If I have any remaining time, I yield it back to Senator Akaka.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. AKAKA. Mr. President, I would like to yield 5 minutes to the
Senator from Florida, Mr. Nelson.
The PRESIDING OFFICER. The Senator from Florida is recognized.
Mr. NELSON of Florida. Mr. President, the underlying bill that the
Senators from Hawaii and North Carolina have put together is a step in
the right direction: increasing life insurance benefits, increasing
disability benefits--particularly for traumatic brain injury--and doing
that retroactively.
There is another portion in here that makes a lot of sense. If under
current law a veteran who is deployed to a war zone can get out of his
apartment rental contract, why should not he be able to get out of his
cell phone lease contract? That provision is in here. That is in the
underlying bill.
Let me tell you what is not in here--I am going to have to take this
up on the Defense authorization bill--taking care of the widows and the
orphans in the offset between survivor benefits plans and dependents'
indemnity compensation--SVPDIC. The veterans' survivors, the widows and
orphans, are entitled under both by law--but by law they offset each
other. Thus widows and orphans are suffering. We will address that in
the Defense authorization bill.
I want to expand on what the two Senators from Hawaii have said.
There is one thing that America should never do, and that is break her
word. When we have allies who are side by side with us in war, and they
are depending on our word that we are going to take care of them, it is
the obligation of America to do that.
I yield the floor.
Mrs. CLINTON. Mr. President, I rise today in support of providing
benefits to Filipino veterans who served our Nation during World War
II. S. 1315, the Veterans' Benefits Enhancement Act of 2007 introduced
by Senator Akaka, specifically includes a provision that would restore
health and pension benefits to Filipino veterans who fought for the
United States during World War II. This provision is based on S.57, the
Filipino Veterans Equity Act of 2007 originally introduced by Senator
Inouye and which I am proud to cosponsor. I have supported rectifying
this injustice since I entered the Senate in 2001.
Senator Burr's amendment would strip the provision benefitting
Filipino veterans from S. 1315. I strongly oppose this amendment.
In 1942, President Roosevelt issued an order conscripting Filipino
soldiers into the U.S. Armed Forces. More than 250,000 Filipino
soldiers joined the U.S. Armed Forces in the months before and days
following the attack on Pearl Harbor. These men served on the
battlefield and fought courageously alongside American soldiers
throughout World War II, took part in the guerilla resistance, and
suffered in prisoner-of-war camps including the infamous Bataan Death
March in which untold numbers of Americans and Filipinos soldiers
suffered and died under brutal conditions.
The United States promised these Filipino veterans the same health
and pension benefits as those of American servicemembers, but after
World War II ended, Congress passed the Rescission Act of 1946,
rescinding benefits that the Filipino soldiers were entitled to receive
as U.S. veterans. Since then, these veterans have been fighting for
these benefits which were unjustly revoked by the 1946 Rescission Act.
I reiterate the statements I made recently in honor of the 66th
anniversary of the Bataan Death March that this is a matter of
restoring the honor and dignity of these courageous veterans. I will
continue to support and fight for the Filipino veterans equity bill.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. AKAKA. Mr. President, how much time do we in the majority have?
The PRESIDING OFFICER. Five minutes. The time of the Senator from
North Carolina has expired.
Mr. AKAKA. Mr. President, I thank the Senator from Florida for his
remarks.
Mr. President, on July 26, 1941, President Roosevelt issued an
Executive Order ordering all military forces of the Commonwealth of the
Philippines into service of the Armed Forces of the United States. This
happened after a bit of history.
In 1898 the Philippines became a colony of the United States. It was
on March 24, 1934, that the Tydings-McDuffie Act passed Congress. That
provided for independence for the Philippines. It was mandated in that
bill that there would be a 10-year period--that is to 1944--when the
Philippines would formalize and shape and develop its entity. But what
was mandated was that the United States would provide the control and
supervision of the national defense of the Philippines, and also of its
foreign affairs.
This was in that bill in 1934. The 10-year period ended in 1944. So
the United States was very much a part of the Philippines. In 1941,
under the declaration and Executive Order of President Roosevelt, they
served in the U.S. Armed Forces of the Far East. All of the military
forces of the Commonwealth of the Philippines remained under the
command of the U.S. Armed Forces of the Far East throughout World War
II and until the Philippines was granted independence on July 4, 1946.
Our Nation has a long history of caring for aging veterans,
particularly those who served the country during a time of war.
Philippine veterans of the Second World War are now in their twilight
years, and many are struggling to make ends meet, especially with
global food prices on the rise. Now, perhaps more than ever, the modest
pension benefits that are in S. 1315 are of the greatest value to
veterans who earned them on the battlefield so many years ago.
I urge my colleagues to stand with me, with my World War II
colleagues, Senators Inouye and Stevens, and a majority of the
Veterans' Affairs Committee and not accept the amendment of the Senator
from North Carolina.

Amendment No. 4576

Mr. AKAKA. Mr. President, under the agreement entered yesterday, I
now call up the managers' technicals package and ask unanimous consent
that the amendment be considered and agreed to and the motion to
reconsider laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4576) was agreed to, as follows:

On page 12, beginning on line 8, strike ``June 1, 2008''
and insert ``April 1, 2009''.
On page 13, line 17, strike ``January 1, 2008'' and insert
``January 1, 2009''.
On page 14, line 9, strike ``January 1, 2008'' and insert
``January 1, 2009''
On page 29, line 7, strike ``October 1, 2007'' and insert
``October 1, 2008''.
On page 29, line 12, strike ``December 31, 2008'' and
insert ``December 31, 2009''.
On page 30, line 19, strike ``December 31, 2008'' and
insert ``December 31, 2009''.
On page 35, line 22, add after the period the following:
``The amendment made by the preceding sentence shall take
effect on October 1, 2008, and shall expire on January 1,
2010.''.
On page 38, beginning on line 21, strike ``the date of the
enactment of this Act'' and insert ``April 1, 2009''.
On page 41, line 16, strike ``May 1, 2008'' and insert
``April 1, 2009''.
On page 41, line 18, strike ``May 1, 2008'' and insert
``April 1, 2009''.
On page 41, line 24, strike ``the date of the enactment of
this Act'' and insert ``April 1, 2009''.
On page 42, line 1, strike ``the date of the enactment of
this Act'' and insert ``that date''.
On page 59, line 17, strike ``October 1, 2007'' and insert
``October 1, 2008''.
On page 62, line 22, strike ``October 1, 2007'' and insert
``October 1, 2008''.
On page 67, line 23, strike ``October 1, 2007'' and insert
``October 1, 2008''.
On page 71, beginning on line 9, strike ``October 1, 2007,
and ending on September 30, 2011'' and insert ``October 1,
2008, and ending on September 30, 2012''.

[[Page S3354]]

On page 71, line 23, strike ``March 31, 2011'' and insert
``March 31, 2012''.
On page 72, line 3, strike ``September 30, 2011'' and
insert ``September 30, 2012''.
On page 72, line 14, strike ``fiscal years 2008 through
2011'' and inserting ``fiscal years 2009 through 2012''.
On page 73, line 4, strike ``fiscal year 2011'' and insert
``fiscal year 2012''.
On page 75, beginning on line 22, strike ``December 31,
2010'' and insert ``December 31, 2011''.

Mr. AKAKA. Mr. President, I yield back the remaining time and I ask
for the vote.
Mr. BURR. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to amendment No. 4572.
The clerk will call the roll.
Mr. DURBIN. I announce that the Senator from Illinois (Mr. Obama) is
necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from South Carolina (Mr. DeMint) and the Senator from Arizona (Mr.
McCain).
Further, if present and voting, the Senator from South Carolina (Mr.
DeMint) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 41, nays 56, as follows:

[Rollcall Vote No. 111 Leg.]

YEAS--41

Alexander
Allard
Barrasso
Bayh
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Craig
Crapo
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hatch
Hutchison
Inhofe
Isakson
Kyl
Martinez
McConnell
Roberts
Sessions
Shelby
Smith
Snowe
Sununu
Thune
Vitter
Wicker

NAYS--56

Akaka
Baucus
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Hagel
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Specter
Stabenow
Stevens
Tester
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--3

DeMint
McCain
Obama
The amendment (No. 4572) was rejected.
Mrs. FEINSTEIN. I move to reconsider the vote.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mrs. BOXER. Mr. President, I would like to offer my support for S.
1315, the Veterans' Benefits Enhancement Act of 2007. This is a
tremendously important piece of legislation, and I commend Senator
Akaka and the Veterans' Affairs Committee for their work.
This bill says to the men and women who have served and suffered
horrible injuries and paid the price of war, ``We have not forgotten
you. You and your families deserve the respect and care of a grateful
Nation, and we will do all that we can to see to it that you live lives
of dignity.'' Among other things, this legislation enhances life
insurance benefits to disabled servicemembers, improves benefits for
veterans who need to renovate their homes to accommodate their
injuries, and increases education benefits so our veterans will have an
easier time going back to school and getting good jobs when they finish
military service.
But just as important as taking care of our newest generation of
veterans, this bill also takes care of some of the oldest veterans who
were a part of the ``greatest generation.''
In 1941, President Roosevelt issued an order that directed the
Commonwealth Army of the Philippines to fight alongside our Armed
Forces, as he was authorized to do under the Philippine Independence
Act of 1934. Some 250,000 Filipinos would swear allegiance to the
United States of America in the months before and the days after Pearl
Harbor.
Under our flag, they went on to fight and die on the same
battlefields as U.S. troops. They gathered intelligence, organized a
guerilla resistance against the Japanese invasion of their island home,
and assisted in rescue operations of American prisoners of war.
When the fighting stopped, the members of the Filipino Army were to
have been eligible for full veterans' benefits, just like American
veterans. In October of 1945 GEN Omar Bradley, who at the time was the
head of the Veterans' Administration, affirmed that the Filipino
soldiers would be treated no differently and were to receive all the
benefits that they rightly deserved.
Unfortunately, the Rescission Act of 1946 changed all that. It stated
that the Filipinos who fought alongside Americans had not performed
``active service'' and that they had no standing or claim to any
``rights, privileges, or benefits.''
Mr. President, there are now only about 18,000 of these heroic
Filipinos left. About 13,000 of them are still in the Philippines,
where they have waited over 60 years for the United States Government
to provide the benefits they were promised and are owed for serving our
Nation and defending the cause of freedom. That is what this
legislation does. It also extends the benefits available to all U.S.
servicemembers to the 5,000 Filipino veterans living here in the United
States.
Unfortunately, for the past 9 months, the other side of the aisle has
balked at allowing this legislation to come up for a vote. I am
certainly thankful that they have no problem with extending full
benefits to Filipino veterans living here. But sadly they feel that
$300 a month for a single person and $375 for a married person is too
high a pension for someone who lives in the Philippines but fought for
the United States 60 years ago and hasn't received a penny since.
Instead they are insisting on no pension at all for these veterans.
However, I am glad that we have now moved to the bill, and we can
debate the merits of this vital legislation that will address the needs
of those who have paid the price of war.
Senator Inouye, who has so faithfully lead this effort for the past
16 years and knows what it means to have fought under our flag in World
War II, recently stated, ``What happened 61 years ago was not right; it
was shameful and disgraceful. . . . The legislation is about fairness
and dignity--core American values. It is also about correcting an
injustice that has stood for way too long.''
I could not agree more, and I urge my colleagues to support this bill
and bring these well-deserved and urgently needed benefits to those
veterans--both young and old--who have fought on our behalf.
The PRESIDING OFFICER. Under the previous order, the amendment in the
nature of a substitute, as amended, is agreed to.
The clerk will read the bill for the third and final time.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
Mr. AKAKA. Mr. President, I ask for the yeas and nays on final
passage and urge my colleagues to support the pending measure.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Illinois (Mr. Obama) is
necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from South Carolina (Mr. DeMint) and the Senator from Arizona (Mr.
McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 96, nays 1, as follows:

[Rollcall Vote No. 112 Leg.]

YEAS--96

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss

[[Page S3355]]

Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

NAYS--1

Vitter

NOT VOTING--3

DeMint
McCain
Obama
The bill (S. 1315), as amended, was passed, as follows:

S. 1315

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'
Benefits Enhancement Act of 2007''.
(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. Administrative costs of service disabled veterans' insurance.
Sec. 103. Modification of servicemembers' group life insurance
coverage.
Sec. 104. Supplemental insurance for totally disabled veterans.
Sec. 105. Expansion of individuals qualifying for retroactive benefits
from traumatic injury protection coverage under
Servicemembers' Group Life Insurance.
Sec. 106. Consideration of loss dominant hand in prescription of
schedule of severity of traumatic injury under
Servicemembers' Group Life Insurance.
Sec. 107. Designation of fiduciary for traumatic injury protection
coverage under Servicemembers' Group Life Insurance in
case of lost mental capacity or extended loss of
consciousness.
Sec. 108. Enhancement of veterans' mortgage life insurance.

TITLE II--HOUSING MATTERS

Sec. 201. Home improvements and structural alterations for totally
disabled members of the Armed Forces before discharge or
release from the Armed Forces.
Sec. 202. Eligibility for specially adapted housing benefits and
assistance for members of the Armed Forces with service-
connected disabilities and individuals residing outside
the United States.
Sec. 203. Specially adapted housing assistance for individuals with
severe burn injuries.
Sec. 204. Extension of assistance for individuals residing temporarily
in housing owned by a family member.
Sec. 205. Supplemental specially adapted housing benefits for disabled
veterans.
Sec. 206. Report on specially adapted housing for disabled individuals.
Sec. 207. Report on specially adapted housing assistance for
individuals who reside in housing owned by a family
member on permanent basis.

TITLE III--LABOR AND EDUCATION MATTERS

Sec. 301. Coordination of approval activities in the administration of
education benefits.
Sec. 302. Modification of rate of reimbursement of State and local
agencies administering veterans education benefits.
Sec. 303. Waiver of residency requirement for Directors for Veterans'
Employment and Training.
Sec. 304. Modification of special unemployment study to cover veterans
of Post 9/11 Global Operations.
Sec. 305. Extension of increase in benefit for individuals pursuing
apprenticeship or on-job training.

TITLE IV--FILIPINO WORLD WAR II VETERANS MATTERS

Sec. 401. Expansion of eligibility for benefits provided by Department
of Veterans Affairs for certain service in the organized
military forces of the Commonwealth of the Philippines
and the Philippine Scouts.
Sec. 402. Eligibility of children of certain Philippine veterans for
educational assistance.

TITLE V--COURT MATTERS

Sec. 501. Recall of retired judges of the United States Court of
Appeals for Veterans Claims.
Sec. 502. Additional discretion in imposition of practice and
registration fees.
Sec. 503. Annual reports on workload of United States Court of Appeals
for Veterans Claims.
Sec. 504. Report on expansion of facilities for United States Court of
Appeals for Veterans Claims.

TITLE VI--COMPENSATION AND PENSION MATTERS

Sec. 601. Addition of osteoporosis to disabilities presumed to be
service-connected in former prisoners of war with post-
traumatic stress disorder.
Sec. 602. Cost-of-living increase for temporary dependency and
indemnity compensation payable for surviving spouses with
dependent children under the age of 18.
Sec. 603. Clarification of eligibility of veterans 65 years of age or
older for service pension for a period of war.

TITLE VII--BURIAL AND MEMORIAL MATTERS

Sec. 701. Supplemental benefits for veterans for funeral and burial
expenses.
Sec. 702. Supplemental plot allowances.

TITLE VIII--OTHER MATTERS

Sec. 801. Eligibility of disabled veterans and members of the Armed
Forces with severe burn injuries for automobiles and
adaptive equipment.
Sec. 802. Supplemental assistance for providing automobiles or other
conveyances to certain disabled veterans.
Sec. 803. Clarification of purpose of the outreach services program of
the Department of Veterans Affairs.
Sec. 804. Termination or suspension of contracts for cellular telephone
service for servicemembers undergoing deployment outside
the United States.
Sec. 805. Maintenance, management, and availability for research of
assets of Air Force Health Study.
Sec. 806. National Academies study on risk of developing multiple
sclerosis as a result of certain service in the Persian
Gulf War and Post 9/11 Global Operations theaters.
Sec. 807. Comptroller General report on adequacy of dependency and
indemnity compensation to maintain survivors of veterans
who die from service-connected disabilities.

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:

[[Page S3356]]

``(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, 2009.

SEC. 102. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS'
INSURANCE.

Section 1922(a) is amended by striking ``directly from such
fund'' and inserting ``directly from such fund; and (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''.

SEC. 103. MODIFICATION OF SERVICEMEMBERS' GROUP LIFE
INSURANCE COVERAGE.

(a) Expansion of Servicemembers' Group Life Insurance To
Include Certain Members of Individual Ready Reserve.--
(1) In general.--Paragraph (1)(C) of section 1967(a) is
amended by striking ``section 1965(5)(B) of this title'' and
inserting ``subparagraph (B) or (C) of section 1965(5) of
this title''.
(2) Conforming amendment.--Paragraph (5)(C) of such section
1967(a) is amended by striking ``section 1965(5)(B) of this
title'' and inserting ``subparagraph (B) or (C) of section
1965(5) of this title''.
(b) Reduction in Period of Coverage for Dependents After
Member Separates.--Section 1968(a)(5)(B)(ii) is amended by
striking ``120 days after''.

SEC. 104. 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, 2009.

SEC. 105. 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, 2009.

SEC. 106. CONSIDERATION OF LOSS DOMINANT HAND IN PRESCRIPTION
OF SCHEDULE OF SEVERITY OF TRAUMATIC INJURY
UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.

(a) In General.--Section 1980A(d) is amended--
(1) by striking ``Payments under'' and inserting ``(1)
Payments under''; and
(2) by adding at the end the following new paragraph:
``(2) As the Secretary considers appropriate, the schedule
required by paragraph (1) may distinguish in specifying
payments for qualifying losses between the severity of a
qualifying loss of a dominant hand and a qualifying loss of a
non-dominant hand.''.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--The Secretary of Veterans Affairs shall
prescribe in regulations mechanisms for payments under
section 1980A of title 38, United States Code, for qualifying
losses incurred before the date of the enactment of this Act
by reason of the requirements of paragraph (2) of subsection
(d) of such section (as amended by subsection (a)(2) of this
section).
(2) Qualifying loss defined.--In this subsection, the term
``qualifying loss'' means--
(A) a loss specified in the second sentence of subsection
(b)(1) of section 1980A of title 38, United States Code; and
(B) any other loss specified by the Secretary of Veterans
Affairs pursuant to the first sentence of that subsection.

SEC. 107. DESIGNATION OF FIDUCIARY FOR TRAUMATIC INJURY
PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE IN CASE OF LOST MENTAL CAPACITY
OR EXTENDED LOSS OF CONSCIOUSNESS.

(a) In General.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, develop
a form for the designation of a recipient for the funds
distributed under section 1980A of title 38, United States
Code, as the fiduciary of a member of the Armed Forces in
cases where the member is mentally incapacitated (as
determined by the Secretary of Defense in consultation with
the Secretary of Veterans Affairs) or experiencing an
extended loss of consciousness.
(b) Elements.--The form under subsection (a) shall require
that a member may elect that--
(1) an individual designated by the member be the recipient
as the fiduciary of the member; or
(2) a court of proper jurisdiction determine the recipient
as the fiduciary of the member for purposes of this
subsection.
(c) Completion and Update.--The form under subsection (a)
shall be completed by an individual at the time of entry into
the Armed Forces and updated periodically thereafter.

SEC. 108. 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,''.

TITLE II--HOUSING MATTERS

SEC. 201. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR
TOTALLY DISABLED MEMBERS OF THE ARMED FORCES
BEFORE DISCHARGE OR RELEASE FROM THE ARMED
FORCES.

Section 1717 is amended by adding at the end the following
new subsection:
``(d)(1) In the case of a member of the Armed Forces who,
as determined by the Secretary, has a disability permanent in
nature incurred or aggravated in the line of duty in the
active military, naval, or air service, the Secretary may
furnish improvements and structural alterations for such
member for such disability or as otherwise described in
subsection (a)(2) while such member is hospitalized or
receiving outpatient medical care, services, or treatment for
such disability if the Secretary determines that such member
is likely to be discharged or released from the Armed Forces
for such disability.
``(2) The furnishing of improvements and alterations under
paragraph (1) in connection with the furnishing of medical
services described in subparagraph (A) or (B) of subsection
(a)(2) shall be subject to the limitation specified in the
applicable subparagraph.''.

SEC. 202. ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING BENEFITS
AND ASSISTANCE FOR MEMBERS OF THE ARMED FORCES
WITH SERVICE-CONNECTED DISABILITIES AND
INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES.

(a) Eligibility.--Chapter 21 is amended by inserting after
section 2101 the following new section:

``Sec. 2101A. Eligibility for benefits and assistance:
members of the Armed Forces with service-connected
disabilities; individuals residing outside the United
States

``(a) Members With Service-Connected Disabilities.--(1) The
Secretary may provide assistance under this chapter to a
member of the Armed Forces serving on active duty who is
suffering from a disability that meets applicable criteria
for benefits under this chapter if the disability is incurred
or aggravated in line of duty in the active military, naval,
or air service. Such assistance shall be provided to the same
extent as assistance is provided under this chapter to
veterans eligible for assistance under this chapter and
subject to the same requirements as veterans under this
chapter.
``(2) For purposes of this chapter, any reference to a
veteran or eligible individual shall be treated as a
reference to a member of the Armed Forces described in
subsection (a) who is similarly situated to the veteran or
other eligible individual so referred to.
``(b) Benefits and Assistance for Individuals Residing
Outside the United States.--(1) Subject to paragraph (2), the
Secretary may, at the Secretary's discretion, provide
benefits and assistance under this chapter (other than
benefits under section 2106 of this title) to any individual
otherwise

[[Page S3357]]

eligible for such benefits and assistance who resides outside
the United States.
``(2) The Secretary may provide benefits and assistance to
an individual under paragraph (1) only if--
``(A) the country or political subdivision in which the
housing or residence involved is or will be located permits
the individual to have or acquire a beneficial property
interest (as determined by the Secretary) in such housing or
residence; and
``(B) the individual has or will acquire a beneficial
property interest (as so determined) in such housing or
residence.
``(c) Regulations.--Benefits and assistance under this
chapter by reason of this section shall be provided in
accordance with such regulations as the Secretary may
prescribe.''.
(b) Conforming Amendments.--
(1) Repeal of superseded authority.--Section 2101 is
amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2) Limitations on assistance.--Section 2102 is amended--
(A) in subsection (a)--
(i) by striking ``veteran'' each place it appears and
inserting ``individual''; and
(ii) in paragraph (3), by striking ``veteran's'' and
inserting ``individual's'';
(B) in subsection (b)(1), by striking ``a veteran'' and
inserting ``an individual'';
(C) in subsection (c)--
(i) by striking ``a veteran'' and inserting ``an
individual''; and
(ii) by striking ``the veteran'' each place it appears and
inserting ``the individual''; and
(D) in subsection (d), by striking ``a veteran'' each place
it appears and inserting ``an individual''.
(3) Assistance for individuals temporarily residing in
housing of family member.--Section 2102A is amended--
(A) by striking ``veteran'' each place it appears (other
than in subsection (b)) and inserting ``individual'';
(B) in subsection (a), by striking ``veteran's'' each place
it appears and inserting ``individual's''; and
(C) in subsection (b), by striking ``a veteran'' each place
it appears and inserting ``an individual''.
(4) Furnishing of plans and specifications.--Section 2103
is amended by striking ``veterans'' both places it appears
and inserting ``individuals''.
(5) Construction of benefits.--Section 2104 is amended--
(A) in subsection (a), by striking ``veteran'' each place
it appears and inserting ``individual''; and
(B) in subsection (b)--
(i) in the first sentence, by striking ``A veteran'' and
inserting ``An individual'';
(ii) in the second sentence, by striking ``a veteran'' and
inserting ``an individual''; and
(iii) by striking ``such veteran'' each place it appears
and inserting ``such individual''.
(6) Veterans' mortgage life insurance.--Section 2106 is
amended--
(A) in subsection (a)--
(i) by striking ``any eligible veteran'' and inserting
``any eligible individual''; and
(ii) by striking ``the veterans' '' and inserting ``the
individual's'';
(B) in subsection (b), by striking ``an eligible veteran''
and inserting ``an eligible individual'';
(C) in subsection (e), by striking ``an eligible veteran''
and inserting ``an individual'';
(D) in subsection (h), by striking ``each veteran'' and
inserting ``each individual'';
(E) in subsection (i), by striking ``the veteran's'' each
place it appears and inserting ``the individual's'';
(F) by striking ``the veteran'' each place it appears and
inserting ``the individual''; and
(G) by striking ``a veteran'' each place it appears and
inserting ``an individual''.
(7) Heading amendments.--(A) The heading of section 2101 is
amended to read as follows:

``Sec. 2101. Acquisition and adaptation of housing: eligible
veterans''.

(B) The heading of section 2102A is amended to read as
follows:

``Sec. 2102A. Assistance for individuals residing temporarily
in housing owned by a family member''.

(8) Clerical amendments.--The table of sections at the
beginning of chapter 21 is amended--
(A) by striking the item relating to section 2101 and
inserting the following new item:

``2101. Acquisition and adaptation of housing: eligible veterans.'';

(B) by inserting after the item relating to section 2101,
as so amended, the following new item:

``2101A. Eligibility for benefits and assistance: members of the Armed
Forces with service-connected disabilities; individuals
residing outside the United States.'';

and
(C) by striking the item relating to section 2102A and
inserting the following new item:

``2102A. Assistance for individuals residing temporarily in housing
owned by a family member.''.

SEC. 203. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR
INDIVIDUALS WITH SEVERE BURN INJURIES.

Section 2101 is amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(E) The disability is due to a severe burn injury (as
determined pursuant to regulations prescribed by the
Secretary).''; and
(2) in subsection (b)(2)--
(A) by striking ``either'' and inserting ``any''; and
(B) by adding at the end the following new subparagraph:
``(C) The disability is due to a severe burn injury (as so
determined).''.

SEC. 204. EXTENSION OF ASSISTANCE FOR INDIVIDUALS RESIDING
TEMPORARILY IN HOUSING OWNED BY A FAMILY
MEMBER.

Section 2102A(e) is amended by striking ``after the end of
the five-year period that begins on the date of the enactment
of the Veterans' Housing Opportunity and Benefits Improvement
Act of 2006'' and inserting ``after December 31, 2011''.

SEC. 205. SUPPLEMENTAL SPECIALLY ADAPTED HOUSING BENEFITS FOR
DISABLED VETERANS.

(a) In General.--Chapter 21 is amended by inserting after
section 2102A the following new section:

``Sec. 2102B. Supplemental assistance

``(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 in accordance with section 2102 of this title
to an individual authorized to receive such assistance under
section 2101 of this title for the acquisition of housing
with special features or for special adaptations to a
residence, the Secretary is also authorized and directed to
pay such individual supplemental assistance under this
section for such acquisition or adaptation.
``(2) No supplemental assistance 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 Assistance.--(1) In the case
of a payment made in accordance with section 2102(a) of this
title, supplemental assistance required by subsection (a) is
equal to the excess of--
``(A) the payment which would be determined under section
2102(a) of this title, and 2102A of this title if applicable,
if the amount described in section 2102(d)(1) of this title
were increased to the adjusted amount described in subsection
(c)(1), over
``(B) the payment determined without regard to this
section.
``(2) In the case of a payment made in accordance with
section 2102(b) of this title, supplemental assistance
required by subsection (a) is equal to the excess of--
``(A) the payment which would be determined under section
2102(b) of this title, and 2102A of this title if applicable,
if the amount described in section 2102(b)(2) of this title
and section 2102(d)(2) of this title were increased to the
adjusted amount described in subsection (c)(2), over
``(B) the payment determined without regard to this
section.
``(c) Adjusted Amount.--(1) In the case of a payment made
in accordance with section 2102(a) of this title, the
adjusted amount is $60,000 (as adjusted from time to time
under subsection (d)).
``(2) In the case of a payment made in accordance with
section 2102(b) of this title, the adjusted amount is $12,000
(as adjusted from time to time under subsection (d)).
``(d) Adjustment.--(1) Effective on October 1 of each year
(beginning in 2008), the Secretary shall increase the
adjusted amounts described in subsection (c) in accordance
with this subsection.
``(2) The increase in amounts under paragraph (1) to take
effect on October 1 of any year shall be the percentage by
which (A) the residential home cost-of-construction index for
the preceding calendar year exceeds (B) the residential home
cost-of-construction index for the year preceding that year.
``(3) The Secretary shall establish a residential home
cost-of-construction index for the purposes of this
subsection. The index shall reflect a uniform, national
average increase in the cost of residential home
construction, determined on a calendar year basis. The
Secretary may use an index developed in the private sector
that the Secretary determines 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 assistance 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 assistance
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

[[Page S3358]]

``(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 2102A the following new item:

``2102B. Supplemental assistance.''.

(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 2102B 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, 2008, and shall apply with
respect to payments made in accordance with section 2102 of
title 38, United States Code, on or after that date.

SEC. 206. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED
INDIVIDUALS.

(a) In General.--Not later than December 31, 2009, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
that contains an assessment of the adequacy of the
authorities available to the Secretary under law to assist
eligible disabled individuals in acquiring--
(1) suitable housing units with special fixtures or movable
facilities required for their disabilities, and necessary
land therefor;
(2) such adaptations to their residences as are reasonably
necessary because of their disabilities; and
(3) residences already adapted with special features
determined by the Secretary to be reasonably necessary as a
result of their disabilities.
(b) Focus on Particular Disabilities.--The report required
by subsection (a) shall set forth a specific assessment of
the needs of--
(1) veterans who have disabilities that are not described
in subsections (a)(2) and (b)(2) of section 2101 of title 38,
United States Code; and
(2) other disabled individuals eligible for specially
adapted housing under chapter 21 of such title by reason of
section 2101A of such title (as added by section 202(a) of
this Act) who have disabilities that are not described in
such subsections.

SEC. 207. REPORT ON SPECIALLY ADAPTED HOUSING ASSISTANCE FOR
INDIVIDUALS WHO RESIDE IN HOUSING OWNED BY A
FAMILY MEMBER ON PERMANENT BASIS.

Not later than December 31, 2009, the Secretary of Veterans
Affairs 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 advisability of
providing assistance under section 2102A of title 38, United
States Code, to veterans described in subsection (a) of such
section, and to members of the Armed Forces covered by such
section 2102A by reason of section 2101A of title 38, United
States Code (as added by section 202(a) of this Act), who
reside with family members on a permanent basis.

TITLE III--LABOR AND EDUCATION MATTERS

SEC. 301. COORDINATION OF APPROVAL ACTIVITIES IN THE
ADMINISTRATION OF EDUCATION BENEFITS.

(a) Coordination.--
(1) In general.--Section 3673 is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Coordination of Activities.--The Secretary shall take
appropriate actions to ensure the coordination of approval
activities performed by State approving agencies under this
chapter and chapters 34 and 35 of this title and approval
activities performed by the Department of Labor, the
Department of Education, and other entities in order to
reduce overlap and improve efficiency in the performance of
such activities.''.
(2) Conforming and clerical amendments.--(A) The heading of
such section is amended to read as follows:

``Sec. 3673. Approval activities: cooperation and
coordination of activities''.

(B) The table of sections at the beginning of chapter 36 is
amended by striking the item relating to section 3673 and
inserting the following new item:

``3673. Approval activities: cooperation and coordination of
activities.''.
(3) Stylistic amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Cooperation in
Activities.--'' after ``(a)''; and
(B) in subsection (c), as redesignated by paragraph (1)(A)
of this subsection, by inserting ``Availability of
Information Material.--'' after ``(c)''.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
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 following:
(1) The actions taken to establish outcome-oriented
performance standards for State approving agencies created or
designated under section 3671 of title 38, United States
Code, including a description of any plans for, and the
status of the implementation of, such standards as part of
the evaluations of State approving agencies required by
section 3674A of title 38, United States Code.
(2) The actions taken to implement a tracking and reporting
system for resources expended for approval and outreach
activities by such agencies.
(3) Any recommendations for legislative action that the
Secretary considers appropriate to achieve the complete
implementation of the standards described in paragraph (1).

SEC. 302. MODIFICATION OF RATE OF REIMBURSEMENT OF STATE AND
LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION
BENEFITS.

Section 3674(a)(4) is amended by striking ``$13,000,000''
and all that follows through ``fiscal year 2007,''.

SEC. 303. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING.

Section 4103(a)(2) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may waive the requirement in
subparagraph (A) with respect to a Director for Veterans'
Employment and Training if the Secretary determines that the
waiver is in the public interest. Any such waiver shall be
made on a case-by-case basis.''.

SEC. 304. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER
VETERANS OF POST 9/11 GLOBAL OPERATIONS.

(a) Modification of Study.--Subsection (a)(1) of section
4110A is amended--
(1) in the matter before subparagraph (A), by striking ``a
study every two years'' and inserting ``an annual study'';
(2) by redesignating subparagraph (A) as subparagraph (F);
(3) by striking subparagraph (B) and inserting the
following new subparagraphs:
``(A) Veterans who were called to active duty while members
of the National Guard or a Reserve Component.
``(B) Veterans who served in combat or in a war zone in the
Post 9/11 Global Operations theaters.''; and
(4) in subparagraph (C)--
(A) by striking ``Vietnam era'' and inserting ``Post 9/11
Global Operations period''; and
(B) by striking ``the Vietnam theater of operations'' and
inserting ``the Post 9/11 Global Operations theaters''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(c) In this section:
``(1) The term `Post 9/11 Global Operations period' means
the period of the Persian Gulf War beginning on September 11,
2001, and ending on the date thereafter prescribed by
Presidential proclamation or law.
``(2) The term `Post 9/11 Global Operations theaters' means
Afghanistan, Iraq, or any other theater in which the Global
War on Terrorism Expeditionary Medal is awarded for
service.''.

SEC. 305. EXTENSION OF INCREASE IN BENEFIT FOR INDIVIDUALS
PURSUING APPRENTICESHIP OR ON-JOB TRAINING.

Section 103 of the Veterans Benefits Improvement Act of
2004 (Public Law 108-454; 118 Stat. 3600) is amended by
striking ``2008'' each place it appears and inserting
``2010''. The amendment made by the preceding sentence shall
take effect on October 1, 2008, and shall expire on January
1, 2010.

TITLE IV--FILIPINO WORLD WAR II VETERANS MATTERS

SEC. 401. EXPANSION OF ELIGIBILITY FOR BENEFITS PROVIDED BY
DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN
SERVICE IN THE ORGANIZED MILITARY FORCES OF THE
COMMONWEALTH OF THE PHILIPPINES AND THE
PHILIPPINE SCOUTS.

(a) Modification of Status of Certain Service.--
(1) In general.--Section 107 is amended to read as follows:

``Sec. 107. Certain service with Philippine forces deemed to
be active service

``(a) In General.--Service described in subsection (b)
shall be deemed to have been active military, naval, or air
service for purposes of any law of the United States
conferring rights, privileges, or benefits upon any
individual by reason of the service of such individual or the
service of any other individual in the Armed Forces.
``(b) Service Described.--Service described in this
subsection is service--
``(1) before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines,
while such forces were in the service of the Armed Forces of
the United States pursuant to the military order of the
President dated July 26, 1941, including among such military
forces organized guerrilla forces under commanders appointed,
designated, or subsequently recognized by the Commander in
Chief, Southwest Pacific Area, or other competent authority
in the Army of the United States; or
``(2) in the Philippine Scouts under section 14 of the
Armed Forces Voluntary Recruitment Act of 1945 (59 Stat.
538).
``(c) Dependency and Indemnity Compensation for Certain
Recipients Residing Outside the United States.--(1)
Dependency and indemnity compensation provided under chapter
13 of this title to an individual described in paragraph (2)
shall be made at a rate of $0.50 for each dollar authorized.
``(2) An individual described in this paragraph is an
individual who resides outside the United States and is
entitled to dependency and indemnity compensation under
chapter 13 of this title based on service described in
subsection (b).

[[Page S3359]]

``(d) Modified Pension and Death Pension for Certain
Recipients Residing Outside the United States.--(1) Any
pension provided under subchapter II or III of chapter 15 of
this title to an individual described in paragraph (2) shall
be made only as specified in section 1514 of this title.
``(2) An individual described in this paragraph is an
individual who resides outside the United States and is
entitled to a pension provided under subchapter II or III of
chapter 15 of this title based on service described in
subsection (b).
``(e) United States Defined.--In this section, the term
`United States' means the States, the District of Columbia,
Puerto Rico, Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
possession or territory of the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 is amended by striking the item
related to section 107 and inserting the following new item:

``107. Certain service with Philippine forces deemed to be active
service.''.

(3) Effective date.--The amendment made by this subsection
shall apply with respect to the payment or provision of
benefits on or after April 1, 2009. No benefits are payable
or are required to be provided by reason of such amendment
for any period before such date.
(b) Pension and Death Pension for Certain Service.--
(1) In general.--Subchapter II of chapter 15 is amended by
adding at the end the following new section:

``Sec. 1514. Certain recipients residing outside the United
States

``(a) Special Rates for Pension Benefits for Individuals
Serving With Philippine Forces and Survivors.--(1) Payment
under this subchapter to an individual who resides outside
the United States and is eligible for such payment because of
service described in section 107(b) of this title shall be
made as follows:
``(A) For such an individual who is married, at a rate of
$4,500 per year (as increased from time to time under section
5312 of this title).
``(B) For such an individual who is not married, at a rate
of $3,600 per year (as increased from time to time under
section 5312 of this title).
``(2) Payment under subchapter III of this chapter to an
individual who resides outside the United States and is
eligible for such payment because of service described in
section 107(b) of this title shall be made at a rate of
$2,400 per year (as increased from time to time under section
5312 of this title).
``(3) An individual who is otherwise entitled to benefits
under this chapter and resides outside the United States, and
receives or would otherwise be eligible to receive a monetary
benefit from a foreign government, may not receive benefits
under this chapter for service described in section 107(b) of
this title if receipt of such benefits under this chapter
would reduce such monetary benefit from such foreign
government.
``(4) The provisions of sections 1503(a), 1506, 1522, and
1543 of this title shall not apply to benefits paid under
this section.
``(b) Individuals Living Outside the United States Entitled
to Certain Social Security Benefits Ineligible.--An
individual residing outside the United States who is
receiving or is eligible to receive benefits under title VIII
of the Social Security Act (42 U.S.C. 1001 et seq.) may not
receive benefits under this chapter.
``(c) United States Defined.--In this section, the term
`United States' means the States, the District of Columbia,
Puerto Rico, Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
possession or territory of the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 15 is amended by inserting after the
item related to section 1513 the following new item:

``1514. Certain recipients residing outside the United States.''.

(3) Frequency of payment.--Section 1508 is amended by
inserting ``1514,'' before ``1521,'' each place it appears.
(4) Rounding down of rates.--Section 5123 is amended by
inserting ``1514,'' before ``1521''.
(5) Annual adjustment of benefit rates.--Section 5312 is
amended--
(A) in subsection (a), by inserting ``1514,'' before
``1521,'' the first place it appears; and
(B) in subsection (c)(1), by inserting ``1514,'' before
``1521,''.
(6) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to applications for benefits filed on or
after April 1, 2009. The amendments made by paragraphs (3),
(4), and (5) shall take effect on April 1, 2009.
(c) Pension and Death Pension Benefit Protection.--
Notwithstanding any other provision of law, a veteran with
service described in section 107(b) of title 38, United
States Code (as added by subsection (a)), who is receiving
benefits under a Federal or federally assisted program as of
April 1, 2009, or a survivor of such veteran who is receiving
such benefits as of that date, may not be required to apply
for or receive benefits under chapter 15 of such title if the
receipt of such benefits would--
(1) make such veteran or survivor ineligible for any
Federal or federally assisted program for which such veteran
or survivor qualifies; or
(2) reduce the amount of benefit such veteran or survivor
would receive from any Federal or federally assisted program
for which such veteran or survivor qualifies.

SEC. 402. ELIGIBILITY OF CHILDREN OF CERTAIN PHILIPPINE
VETERANS FOR EDUCATIONAL ASSISTANCE.

(a) In General.--Subsection (b) of section 3565 is amended
by striking ``except that--'' and all that follows and
inserting ``except that a reference to a State approving
agency shall be deemed to refer to the Secretary.''.
(b) Repeal of Obsolete Provision.--Such section is further
amended by striking subsection (c).

TITLE V--COURT MATTERS

SEC. 501. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT
OF APPEALS FOR VETERANS CLAIMS.

(a) Repeal of Limit on Service of Recalled Retired Judges
Who Voluntarily Serve More Than 90 Days.--Section 7257(b)(2)
is amended by striking ``or for more than a total of 180 days
(or the equivalent) during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of
Current Judges Only During Period of Recall.--
(1) In general.--Section 7296(c) is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1)(A) A judge who is appointed on or after the date of
the enactment of the Veterans' Benefits Enhancement Act of
2007 and who retires under subsection (b) and elects under
subsection (d) to receive retired pay under this subsection
shall (except as provided in paragraph (2)) receive retired
pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title, the retired
pay of the judge shall (subject to section 7257(d)(2) of this
title) be the rate of pay applicable to that judge at the
time of retirement, as adjusted from time to time under
subsection (f)(3).
``(ii) In the case of a judge other than a recall-eligible
retired judge, the retired pay of the judge shall be the rate
of pay applicable to that judge at the time of retirement.
``(B) A judge who retired before the date of the enactment
of the Veterans' Benefits Enhancement Act of 2007 and elected
under subsection (d) to receive retired pay under this
subsection, or a judge who retires under subsection (b) and
elects under subsection (d) to receive retired pay under this
subsection, shall (except as provided in paragraph (2))
receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court.
``(ii) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired
pay of the judge shall be the rate of pay applicable to that
judge at the time of retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was
removed from recall status under subsection (b)(3) of that
section, the retired pay of the judge shall be the pay of the
judge at the time of the removal from recall status.''.
(2) Cost-of-living adjustment for retired pay of new judges
who are recall-eligible.--Section 7296(f)(3)(A) is amended by
striking ``paragraph (2) of subsection (c)'' and inserting
``paragraph (1)(A)(i) or (2) of subsection (c)''.
(3) Pay during period of recall.--Subsection (d) of section
7257 is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom
section 7296(c)(1)(B) of this title applies is the pay
specified in that section.
``(2) A judge who is recalled under this section who
retired under chapter 83 or 84 of title 5 or to whom section
7296(c)(1)(A) of this title applies shall be paid, during the
period for which the judge serves in recall status, pay at
the rate of pay in effect under section 7253(e) of this title
for a judge performing active service, less the amount of the
judge's annuity under the applicable provisions of chapter 83
or 84 of title 5 or the judge's annuity under section
7296(c)(1)(A) of this title, whichever is applicable.''.
(4) Notice.--The last sentence of section 7257(a)(1) is
amended to read as follows: ``Such a notice provided by a
retired judge to whom section 7296(c)(1)(B) of this title
applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3)
is amended by adding at the end the following new sentence:
``This paragraph shall not apply to a judge to whom section
7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who
has, in the aggregate, served at least five years of recalled
service on the Court under this section.''.

SEC. 502. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND
REGISTRATION FEES.

Section 7285(a) is amended--
(1) in the first sentence, by inserting ``reasonable''
after ``impose a'';
(2) in the second sentence, by striking ``, except that
such amount may not exceed $30 per year''; and
(3) in the third sentence, by inserting ``reasonable''
after ``impose a''.

[[Page S3360]]

SEC. 503. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT
OF APPEALS FOR VETERANS CLAIMS.

(a) In General.--Subchapter III of chapter 72 is amended by
adding at the end the following new section:

``Sec. 7288. Annual report

``(a) In General.--The chief judge of the Court shall
submit annually to the appropriate committees of Congress a
report summarizing the workload of the Court for the last
fiscal year that ended before the submission of such report.
Such report shall include, with respect to such fiscal year,
the following information:
``(1) The number of appeals filed.
``(2) The number of petitions filed.
``(3) The number of applications filed under section 2412
of title 28.
``(4) The number and type of dispositions.
``(5) The median time from filing to disposition.
``(6) The number of oral arguments.
``(7) The number and status of pending appeals and
petitions and of applications described in paragraph (3).
``(8) A summary of any service performed by recalled
retired judges during the fiscal year.
``(b) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress' means
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 72 is amended by inserting after the
item related to section 7287 the following new item:

``7288. Annual report.''.

SEC. 504. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.

(a) Findings.--Congress makes the following findings:
(1) The United States Court of Appeals for Veterans Claims
is currently located in the District of Columbia in a
commercial office building that is also occupied by other
Federal tenants.
(2) In February 2006, the General Services Administration
provided Congress with a preliminary feasibility analysis of
a dedicated Veterans Courthouse and Justice Center that would
house the Court and other entities that work with the Court.
(3) In February 2007, the Court notified Congress that the
``most cost-effective alternative appears to be leasing
substantial additional space in the current location'', which
would ``require relocating other current government tenants''
from that building.
(4) The February 2006 feasibility report of the General
Services Administration does not include an analysis of
whether it would be feasible or desirable to locate a
Veterans Courthouse and Justice Center at the current
location of the Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Court of Appeals for Veterans Claims
should be provided with appropriate office space to meet its
needs, as well as to provide the image, security, and stature
befitting a court that provides justice to the veterans of
the United States; and
(2) in providing that space, Congress should avoid undue
disruption, inconvenience, or cost to other Federal entities.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of General
Services 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 feasibility of--
(A) leasing additional space for the United States Court of
Appeals for Veterans Claims within the building where the
Court was located on the date of the enactment of this Act;
and
(B) using the entirety of such building as a Veterans
Courthouse and Justice Center.
(2) Contents.--The report required by paragraph (1) shall
include a detailed analysis of the following:
(A) The impact that the matter analyzed in accordance with
paragraph (1) would have on Federal tenants of the building
used by the Court.
(B) Whether it would be feasible to relocate such Federal
tenants into office space that offers similar or preferable
cost, convenience, and usable square footage.
(C) If relocation of such Federal tenants is found to be
feasible and desirable, an analysis of what steps should be
taken to convert the building into a Veterans Courthouse and
Justice Center and a timeline for such conversion.
(3) Comment period.--The Administrator shall provide an
opportunity to such Federal tenants--
(A) before the completion of the report required by
paragraph (1), to comment on the subject of the report
required by such paragraph; and
(B) before the Administrator submits the report required by
paragraph (1) to the congressional committees specified in
such paragraph, to comment on a draft of such report.

TITLE VI--COMPENSATION AND PENSION MATTERS

SEC. 601. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED
TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF
WAR WITH POST-TRAUMATIC STRESS DISORDER.

Section 1112(b)(2) is amended by adding at the end the
following new subparagraph:
``(F) Osteoporosis, if the Secretary determines that the
veteran was diagnosed with post-traumatic stress disorder
(PTSD).''.

SEC. 602. 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. 603. CLARIFICATION OF ELIGIBILITY OF VETERANS 65 YEARS
OF AGE OR OLDER FOR SERVICE PENSION FOR A
PERIOD OF WAR.

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.''.

TITLE VII--BURIAL AND MEMORIAL MATTERS

SEC. 701. 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 2008, 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.''.

[[Page S3361]]

(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 2008, 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, 2008, and shall apply with
respect to deaths occurring on or after that date.

SEC. 702. 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 2008, 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, 2008, 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)).

TITLE VIII--OTHER MATTERS

SEC. 801. 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. 802. 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:

[[Page S3362]]

``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 2008), 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, 2008, and shall apply with
respect to payments made in accordance with section 3902 of
title 38, United States Code, on or after that date.

SEC. 803. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES
PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Clarification of Inclusion of Members of the National
Guard and Reserve in Program.--Subsection (a)(1) of section
6301 is amended by inserting ``, or from the National Guard
or Reserve,'' after ``active military, naval, or air
service''.
(b) Definition of Outreach.--Subsection (b) of such section
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) the term `outreach' means the act or process of
reaching out in a systematic manner to proactively provide
information, services, and benefits counseling to veterans,
and to the spouses, children, and parents of veterans who may
be eligible to receive benefits under the laws administered
by the Secretary, to ensure that such individuals are fully
informed about, and assisted in applying for, any benefits
and programs under such laws;''.

SEC. 804. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR
TELEPHONE SERVICE FOR SERVICEMEMBERS UNDERGOING
DEPLOYMENT OUTSIDE THE UNITED STATES.

(a) In General.--Title III of the Servicemembers Civil
Relief Act (50 U.S.C. App. 531 et seq.) is amended by
inserting after section 305 the following new section:

``SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR
CELLULAR TELEPHONE SERVICE.

``(a) In General.--A servicemember who receives orders to
deploy outside of the continental United States for not less
than 90 days may request the termination or suspension of any
contract for cellular telephone service entered into by the
servicemember before that date if the servicemember's ability
to satisfy the contract or to utilize the service will be
materially affected by that period of deployment. The request
shall include a copy of the servicemember's military orders.
``(b) Relief.--Upon receiving the request of a
servicemember under subsection (a), the cellular telephone
service contractor concerned shall, at the election of the
contractor--
``(1) grant the requested relief without imposition of an
early termination fee for termination of the contract or a
reactivation fee for suspension of the contract; or
``(2) permit the servicemember to suspend the contract at
no charge until the end of the deployment without requiring,
whether as a condition of suspension or otherwise, that the
contract be extended.''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
305 the following new item:

``Sec. 305A. Termination or suspension of contracts for cellular
telephone service.''.

SEC. 805. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR
RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.

(a) Purpose.--The purpose of this section is to ensure that
the assets transferred to the Medical Follow-Up Agency from
the Air Force Health Study are maintained, managed, and made
available as a resource for future research for the benefit
of veterans and their families, and for other humanitarian
purposes.
(b) Assets From Air Force Health Study.--For purposes of
this section, the assets transferred to the Medical Follow-Up
Agency from the Air Force Health Study are the assets of the
Air Force Health Study transferred to the Medical Follow-Up
Agency under section 714 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2290), including electronic data files and
biological specimens on all participants in the study
(including control subjects).
(c) Maintenance and Management of Transferred Assets.--The
Medical Follow-Up Agency shall maintain and manage the assets
transferred to the Agency from the Air Force Health Study.
(d) Additional Near-Term Research.--
(1) In general.--The Medical Follow-Up Agency may, during
the period beginning on October 1, 2008, and ending on
September 30, 2012, conduct such additional research on the
assets transferred to the Agency from the Air Force Health
Study as the Agency considers appropriate toward the goal of
understanding the determinants of health, and promoting
wellness, in veterans.
(2) Research.--In carrying out research authorized by this
subsection, the Medical Follow-Up Agency may, utilizing
amounts available under subsection (f)(1)(B), make grants for
such pilot studies for or in connection with such research as
the Agency considers appropriate.
(e) Additional Medium-Term Research.--
(1) Report.--Not later than March 31, 2012, the Medical
Follow-Up Agency shall submit to Congress a report assessing
the feasability and advisability of conducting additional
research on the assets transferred to the Agency from the Air
Force Health Study after September 30, 2012.
(2) Disposition of assets.--If the report required by
paragraph (1) includes an assessment that the research
described in that paragraph would be feasible and advisable,
the Agency shall, utilizing amounts available under
subsection (f)(2), make any disposition of the assets
transferred to the Agency from the Air Force Health Study as
the Agency considers appropriate in preparation for such
research.
(f) Funding.--
(1) In general.--From amounts available for each of fiscal
years 2009 through 2012 for the Department of Veterans
Affairs for Medical and Prosthetic Research, amounts shall be
available as follows:
(A) $1,200,000 shall be available in each such fiscal year
for maintenance, management, and operation (including
maintenance of biological specimens) of the assets
transferred to the Medical Follow-Up Agency from the Air
Force Health Study.
(B) $250,000 shall be available in each such fiscal year
for the conduct of additional research authorized by
subsection (d), including the funding of pilot studies
authorized by paragraph (2) of that subsection.
(2) Medium-term research.--From amounts available for
fiscal year 2012 for the Department of Veterans Affairs for
Medical and Prosthetic Research, $200,000 shall be available
for the preparation of the report required by subsection
(e)(1) and for the disposition, if any, of assets authorized
by subsection (e)(2).

[[Page S3363]]

SEC. 806. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING
MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN
SERVICE IN THE PERSIAN GULF WAR AND POST 9/11
GLOBAL OPERATIONS THEATERS.

(a) In General.--The Secretary of Veterans Affairs shall
enter into a contract with the Institute of Medicine of the
National Academies to conduct a comprehensive epidemiological
study for purposes of identifying any increased risk of
developing multiple sclerosis as a result of service in the
Armed Forces during the Persian Gulf War in the Southwest
Asia theater of operations or in the Post 9/11 Global
Operations theaters.
(b) Elements.--In conducting the study required under
subsection (a), the Institute of Medicine shall do the
following:
(1) Determine whether service in the Armed Forces during
the Persian Gulf War in the Southwest Asia theater of
operations, or in the Post 9/11 Global Operations theaters,
increased the risk of developing multiple sclerosis.
(2) Identify the incidence and prevalence of diagnosed
neurological diseases, including multiple sclerosis,
Parkinson's disease, amyotrophic lateral sclerosis, and brain
cancers, as well as central nervous system abnormalities that
are difficult to precisely diagnose, in each group as
follows:
(A) Members of the Armed Forces who served during the
Persian Gulf War in the Southwest Asia theater of operations.
(B) Members of the Armed Forces who served in the Post 9/11
Global Operations theaters.
(C) A non-deployed comparison group for those who served in
the Persian Gulf War in the Southwest Asia theater of
operations and the Post 9/11 Global Operations theaters.
(3) Compare the incidence and prevalence of the named
diagnosed neurological diseases and undiagnosed central
nervous system abnormalities among veterans who served during
the Persian Gulf War in the Southwest Asia theater of
operations, or in the Post 9/11 Global Operations theaters,
in various locations during such periods, as determined by
the Institute of Medicine.
(4) Collect information on risk factors, such as pesticide
and other toxic exposures, to which veterans were exposed
while serving during the Persian Gulf War in the Southwest
Asia theater of operations or the Post 9/11 Global Operations
theaters, or thereafter.
(c) Reports.--
(1) Interim report.--The contract required by subsection
(a) shall require the Institute of Medicine to submit to the
Secretary, and to appropriate committees of Congress, interim
progress reports on the study required under subsection (a).
Such reports shall not be required to include a description
of interim results on the work under the study.
(2) Final report.--The contract shall require the Institute
of Medicine to submit to the Secretary, and to appropriate
committees of Congress, a final report on the study by not
later than December 31, 2011. The final report shall include
such recommendations for legislative or administrative action
as the Institute considers appropriate in light of the
results of the study.
(d) Funding.--The Secretary shall provide the Institute of
Medicine with such funds as are necessary to ensure the
timely completion of the study required under subsection (a).
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Veterans' Affairs of the House of
Representatives.
(2) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.
(3) The term ``Post 9/11 Global Operations theaters'' means
Afghanistan, Iraq, or any other theater in which the Global
War on Terrorism Expeditionary Medal is awarded for service.

SEC. 807. COMPTROLLER GENERAL REPORT ON ADEQUACY OF
DEPENDENCY AND INDEMNITY COMPENSATION TO
MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM
SERVICE-CONNECTED DISABILITIES.

(a) Report Required.--Not later than 10 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Veterans'
Affairs and Appropriations of the Senate and the Committees
on Veterans' Affairs and Appropriations of the House of
Representatives a report on the adequacy of dependency and
indemnity compensation payable under chapter 13 of title 38,
United States Code, to surviving spouses and dependents of
veterans who die as a result of a service-connected
disability in replacing the deceased veteran's income.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a description of the current system for the payment of
dependency and indemnity compensation to surviving spouses
and dependents described in subsection (a), including a
statement of the rates of such compensation so payable;
(2) an assessment of the adequacy of such payments in
replacing the deceased veteran's income; and
(3) such recommendations as the Comptroller General
considers appropriate in order to improve or enhance the
effects of such payments in replacing the deceased veteran's
income.
The PRESIDING OFFICER. Under the previous order, the title amendment
is agreed to.
The title was amended so as to read:

``To amend title 38, United States Code, to enhance
veterans' insurance and housing benefits, to improve benefits
and services for transitioning servicemembers, and for other
purposes.''.

The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table.
Mr. REID. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________