[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3793-S3801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SPECTER (for himself and Mr. Lieberman):
  S. 2977. A bill to create a Federal cause of action to determine 
whether defamation exists under United States law in cases in which 
defamation actions have been brought in foreign courts against United 
States persons on the basis of publications or speech in the United 
States; to the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I am introducing the Free Speech 
Protection Act of 2008 to address a serious challenge to one of the 
most basic protections in our Constitution. American journalists and 
academics must have the freedom to investigate, write, speak, and 
publish about matters of public importance, limited only by the legal 
standards laid out in our First Amendment jurisprudence, including 
precedents such as New York Times v. Sullivan. Despite the protection 
for free speech under our own law, the rights of the American public, 
and of American journalists who share information with the public, are 
being threatened by the forum shopping of defamation suits to foreign 
courts with less robust protections for free speech.
  These suits are filed in, and entertained by, foreign courts, despite 
the fact that the challenged speech or writing is written in the U.S. 
by U.S. journalists, and is published or disseminated primarily in the 
U.S. The plaintiff in these cases may have no particular connection to 
the country in which the suit is filed. Nevertheless, the U.S. 
journalists or publications who are named as defendants in these suits 
must deal with the expense, inconvenience, and distress of being sued 
in foreign courts, even though their conduct is protected by the First 
Amendment.
  The impetus for this legislation is litigation involving Dr. Rachel 
Ehrenfeld, a U.S. citizen and Director of the American Center for 
Democracy, whose articles have appeared in the Wall Street Journal, the 
National Review, and the Los Angeles Times. She has been a scholar with 
Columbia University, the University of New York School of Law, and 
Johns Hopkins, and has testified before Congress. Dr. Ehrenfeld's 2003 
book, Funding Evil: How Terrorism is Financed and How to Stop it, which 
was published solely in the United States by a U.S. publisher, alleged 
that a Saudi Arabian subject and his family financially supported al 
Qaeda in the years preceding the attacks of September 11. He sued 
Ehrenfeld for libel in England, although only 23 books were sold there. 
Why? Because under English law, it is not necessary for a libel 
plaintiff to prove falsity or actual malice as is required in the U.S.
  Dr. Ehrenfeld did not appear, and the English court entered a default 
judgment for damages, an injunction against publication in the United 
Kingdom, a ``declaration of falsity'', and an

[[Page S3794]]

order that she and her publisher print a correction and an apology.
  Dr. Ehrenfeld sought to shield herself with a declaration from both 
Federal and State courts that her book did not create liability under 
American law, but jurisdictional barriers prevented both the Federal 
and New York State courts from acting. Reacting to this problem, the 
Governor of New York, on May 1, 2008, signed into law the ``Libel 
Terrorism Protection Act.'' Congress must now take similar prompt 
action. I note that the person who sued Dr. Ehrenfeld has filed dozens 
of lawsuits in England. There is a real danger that other American 
writers and researchers will be afraid to address this crucial subject 
of terror funding and other important matters. England should be free 
to have its own libel law, but so too should the U.S. England has 
become a popular venue for defamation plaintiffs from around the world, 
including those who want to intimidate our journalists. The stakes are 
high. This legislation is important.
  This legislation creates a Federal cause of action and Federal 
jurisdiction so that Federal courts may determine whether there has 
been defamation under U.S. law when a U.S. journalist, speaker, or 
academic is sued in a foreign court for speech or publication in the 
U.S. The bill authorizes a court to issue an order barring enforcement 
of a foreign judgment and to award damages.
  Freedom of speech, freedom of the press, freedom of expression of 
ideas, opinions, and research, and freedom of exchange of information 
are all essential to the functioning of a democracy. They are also 
essential in the fight against terrorism.
  I thank Senator Lieberman for working with me on this important bill.
                                 ______
                                 
      By Mr. CASEY:
  S. 2980. A bill to amend the Child Care and Development Block Grant 
Act of 1990 to improve access to high quality early learning and child 
care for low income children and working families, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. CASEY. Mr. President, I rise today to speak about our children 
and, more specifically, children from low-income and working families 
across the United States who need a good start in life and who need 
high-quality childcare each and every day while their parents must earn 
a living.
  I believe that here in America every child is born with a bright 
light shining inside them, and it is our job as Senators to do 
everything we can, everything we can, to keep that light shining ever 
brightly.
  A child's potential may be limited or boundless, but whatever it is, 
every child deserves the opportunity to become the person they were 
born to be. Here in America, every child deserves high-quality 
childcare and early education.
  High-quality childcare gives low-income working families peace of 
mind while they work. Unfortunately, for the last 7 years, Federal 
funding for childcare has been essentially frozen. The neglect of 
Federal funding for childcare during this administration has been 
unconscionable. What this means is families have been locked out of 
access to high-quality providers. It means hundreds of thousands of 
children across the country have been put on waiting lists for 
childcare because there simply is not enough funding to provide enough 
slots.
  Working parents struggle to find childcare that will be healthy, 
safe, and affordable. They worry every day about finding quality care. 
For so many families, this is a very personal issue, especially, of 
course, for mothers. I remember a mother to whom I spoke in 
Pennsylvania 10 years ago who was worried about being able to afford 
childcare for her children. She said something I will never forget. She 
said because of the worry about childcare, she had a knot in her 
stomach. I think a lot of families closely identify with and understand 
what she was talking about.
  These are parents who must work. They must therefore leave their 
children in care that often does not meet all their needs because it is 
the only choice they can afford.
  Here are the facts. The facts show an enormous unmet need in America 
when it comes to childcare. A couple of points: 365,000 children in 
America are on waiting lists. In my home State of Pennsylvania, almost 
8,000 children are on waiting lists. Across the country, 13.5 million 
children who are eligible, eligible for Federal childcare assistance, 
do not get it. That is an abomination. That is an embarrassment. It is 
a black mark on America.
  Let me say that number again: 13.5 million children who are eligible 
for childcare assistance are not getting it. The population of my home 
State of Pennsylvania is a little less than 12.5 million. So if that 
group of children who are eligible but not getting the childcare 
assistance, if that were considered a State, it would be about the 
fifth largest State in the country.
  So 13.5 million children who should be getting help are not getting 
it through our childcare system.
  Childcare providers working hard every day caring for and educating 
our children are barely paid above the poverty level, with little or no 
benefits. The average wage for a childcare worker is $9.05 an hour, 
which on an annual basis works out to $18,820, barely above the poverty 
level. Yet we charge them with the responsibility of caring for and 
nurturing and educating so many of our children.
  Finally, the last fact: parents must struggle to afford childcare and 
face impossible choices between losing their jobs or leaving their 
children in less-than-ideal care. I believe the price for holding down 
a good-paying job should not be problems with and worries about 
childcare.
  Low-income families also spend much higher percentages of their 
income on childcare, often bringing that family to the breaking point. 
This is all wrong. Our priorities are literally upside down.
  That is why I am announcing today a bill I introduced today, the 
Starting Early, Starting Right Act. The Starting Early, Starting Right 
Act. I will go through a couple of the provisions.
  In summary. First of all, my bill on childcare will move hundreds of 
thousands of children on State waiting lists into high-quality 
childcare. The bill will meet the needs of underserved children such as 
English language learners, children with developmental disabilities and 
other special needs, children living in very poor communities, and 
children in rural areas, to ensure we reach children most in need of 
high-quality childcare.
  Next, our bill will ensure States will visit and monitor childcare 
providers on an announced as well as unannounced basis every year. 
Fourth, our bill will require childcare providers who are licensed or 
registered to participate in 40 hours of training before they work with 
children as well as 24 hours on an ongoing annual basis.
  Next we will expand parents' access to high quality childcare 
opportunities by requiring States to pay childcare providers rates 
based upon the actual and current cost of care, what advocates know to 
be the 75th percentile level.
  Finally, it encourages States to exceed this rate for special 
populations of children with greater needs. This bill will improve 
access to high quality care for infants and toddlers by setting aside 
30 percent of the bill's funding for this underserved group of 
children. Finally, this bill will provide greater funding for quality 
initiatives and encourage more States to adopt quality rating 
provisions to improve the quality of their programs. Quality rating 
improvement systems, known by the acronym QRIS, such as the successful 
program in Pennsylvania, the Pennsylvania STARS program, give providers 
benchmarks as well as resources to continually improve the quality of 
care.
  I wanted to share one story before I conclude, a story about the 
powerful impact of high quality childcare on children and families. 
This story was shared with our office by a childcare provider from 
southeastern Pennsylvania about a family I will not identify to respect 
their privacy. One of the children was a 3-year-old boy. I will call 
him, for purposes of this presentation, Sammy. Sammy started in 
childcare along with his older sister and younger brother when his 
mother was evicted from her house following divorce. Sammy's father did 
not pay child support but, luckily, Sammy's grandmother took them in. 
They all lived in a tiny two-bedroom apartment.

[[Page S3795]]

Dropoffs at the childcare center were difficult for this young child. 
With all the recent changes and trauma in his life, he was scared about 
his mother leaving. His mother would apologize to the staff, saying she 
never worked before and the children were not used to childcare.
  The childcare worker always assured Sammy's mother that it was no 
problem and that no apologies were necessary. Unfortunately, a few 
weeks later, Sammy's mom showed up one day in tears. She confided to 
the childcare worker that she had not been able to find a job and was 
now so desperate she had to use food stamps. She had gone to the store 
by bus, getting there through the public transit system. The cashier 
treated her disrespectfully. Because of that, she was understandably 
humiliated, and she began to feel hopeless and afraid she would never 
find a job to support her three children. But at that moment, when that 
mother was at her greatest need and when the family was in need, the 
childcare center in southeastern Pennsylvania rallied around this 
mother and her children. Over the next 2 years the staff of the center 
encouraged and supported her while she found a job, went back to 
school, and eventually moved out of her mother's house into an 
apartment of her own.
  Her oldest daughter was very successful and attended school with the 
center through first grade. She was then evaluated for the gifted 
program when she went to public school and second grade. The youngest 
son blossomed and made it through family growing pains with little 
difficulty. Finally, Sammy had some problems, but they were able to get 
the help needed because of the generosity and commitment of the people 
who worked in this childcare center. During that time the staff, led by 
the director, helped raise money for Christmas presents, doctors' 
bills, and Sammy's mother's application to take her pharmacy 
assistant's license exam.
  When this childcare worker left the center, Sammy's mom told her what 
a profound difference the staff at the center had made in her life and 
in the lives of her children. Like so many in our country, this group 
of skilled, caring, and professional early childhood educators made it 
possible for this family to overcome so many obstacles.
  The childcare worker told our staff recently:

       [Sammy] is the kid I think about when people ask me why I 
     do what I do.

  That is what that childcare worker said about her commitment to the 
care of children and to that child and his family. This is what quality 
childcare can mean in the real world to a struggling family. It may be 
the difference between literally failure and success for countless 
families. Sometimes it can mean sheer survival. This is one example of 
childcare providers and families such as Sammy's all across the 
country. These are quiet victories we never hear much about, but they 
are literally life changing in impact.
  Increasing funding for childcare is not only the right thing to do, 
it is the smart thing, especially for at-risk children and children 
from low-income families. Research shows that high quality childcare 
helps low-income children enter school ready to succeed. One study 
found that children in high quality childcare demonstrated greater 
mathematical ability and thinking and attention skills and had fewer 
behavioral problems than any other children in second grade. I won't 
put the entire report in the Record, but the title of that first study 
is ``The Children of the Cost, Quality and Outcome Study Go to 
School.'' This is a June 1999 report by the University of North 
Carolina at Chapel Hill, University of Colorado Health Sciences Center, 
University of California at Los Angeles, and Yale University. Several 
others have mentioned this, but other studies have shown that low-
income children who enroll in high quality early care and education 
programs score higher on reading, vocabulary, math, and cognitive 
tests, and are less likely to be held back a grade or to be arrested as 
a youth, and are more likely to attend college than their peers who do 
not enroll in such programs.
  Although the peace of mind for parents that comes from knowing their 
children are well cared for cannot be measured, the impact on stable 
employment can. Studies show that parents who receive childcare 
assistance are much more likely to remain in the workforce. The study I 
refer to that made these findings is a briefing paper by the Economic 
Policy Institute which is entitled ``Staying Employed After Welfare.'' 
The subheading is ``Work supports and job quality vital to employment 
tenure and wage growth.''
  Finally, there is no question that starting early and right is truly 
the right thing to do. The evidence supporting high quality childcare 
is overwhelming and irrefutable. The evidence tells us we can keep that 
bright light alive in the heart and soul of every child. We can give 
them what they need to get a good, solid start in their lives, if only 
we make that choice to support high quality childcare, if only we make 
that a priority.
  I urge my colleagues in the Senate to support this bill, the Starting 
Early, Starting Right Act. As of now nearly 50 national and State 
organizations across the country have endorsed this legislation. They 
know, as so many of us do, that investing in early care for children is 
the right and the smart thing to do. It is time we put our focus and 
priorities back where they belong, on our children. In doing so, it 
will help every child become the person they were born to be.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Specter):
  S. 2982. A bill to amend the Runaway and Homeless Youth Act to 
authorize appropriations, and for other purposes; to the Committee on 
the Judiciary.
  Mr. LEAHY. Mr. President, today, I am pleased to introduce the 
bipartisan Runaway and Homeless Youth Protection Act of 2008 along with 
Senator Specter, the ranking Republican on the Judiciary Committee. 
This legislation would reauthorize and improve the Runaway and Homeless 
Youth Act, RHYA. The programs authorized during the past 30 years by 
the RHYA have consistently proven critical to protecting and giving 
hope to our Nation's runaway and homeless youth.
  The prevalence of homelessness among young people in America is 
shockingly high. The problem is not limited to large cities. Its impact 
is felt strongly in smaller communities and rural areas as well. It 
affects our young people directly and reverberates throughout our 
families and communities. That this problem continues in the richest 
country in the world means that we need to redouble our commitment and 
our efforts to safeguard our Nation's youth. We need to support the 
dedicated people in communities across the country who work to address 
these problems every day.
  On April 29, the Senate Judiciary Committee held a hearing to focus 
the Senate's attention on these problems and to identify and develop 
solutions to protect runaway and homeless youth. It was the first 
Senate hearing on these matters in more than a decade. We heard from a 
distinguished panel of witnesses, some of whom spoke firsthand about 
the significant challenges that young people face when they have 
nowhere to go.
  Our witnesses demonstrated that young people can overcome harrowing 
obstacles and create new opportunities when given the chance. One 
witness went from living as a homeless youth in his teens to earning 
two Oscar nominations as a distinguished actor. Another witness is 
working with homeless youth at the same Vermont organization that 
enabled him to stop living on the streets and is on his way to great 
things. Our witness panel gave useful and insightful suggestions on how 
to improve the Runaway and Homeless Youth Act to make it more 
effective. We have included many of these recommendations in our bill.
  The Justice Department estimated that 1.7 million young people either 
ran away from home or were thrown out of their homes in 1999. Another 
study suggested a number closer to 2.8 million in 2002. Whether the 
true number is one million or five million, young people become 
homeless for a number of reasons, ranging from abandonment to running 
away from an abusive home to having no place to go after being released 
from state care. An estimated 40 to 60 percent of homeless children are 
expected to experience physical abuse, and 17 to 35 percent experience 
sexual abuse while on the

[[Page S3796]]

street, according to a report by the Department of Health and Human 
Services. Homeless youth are also at greater risk of mental health 
problems. While many receive vital services in their communities, 
others remain a hidden population, on the streets of our big cities and 
in rural areas like Vermont.
  The Runaway and Homeless Youth Act is the way in which the Federal 
Government helps communities across the country protect some of our 
most vulnerable children. It was first passed the year I was elected to 
the Senate. We have reauthorized it several times since then, and 
working with Senator Specter and Senators on both sides of the aisle, I 
hope that we will do so again this year. While some have tried to end 
these programs, a bipartisan coalition has worked to preserve and 
continue the good that is accomplished through them. I remember Senator 
Specter's efforts early in his Senate career to preserve these programs 
when he chaired the Judiciary Committee's Subcommittee on Juvenile 
Justice. The Runaway and Homeless Youth Act and the programs it funds 
provide a safety net that helps give young people a chance to build 
lives for themselves, and helps reunite youngsters with their families. 
Given the increasingly difficult economic conditions being experienced 
by so many families around the country, it is time to recommit 
ourselves to these principles and programs.
  Under the Runaway and Homeless Youth Act, every State receives a 
Basic Center grant to provide housing and crisis services for runaway 
and homeless youth and their families. Community-based groups around 
the country can also apply for funding through the Transitional Living 
Program and the Sexual Abuse Prevention/Street Outreach grant program. 
The transitional living program grants are used to provide longer-term 
housing to homeless youth between the ages of 16 and 21, and to help 
them become self-sufficient. The outreach grants are used to target 
youth susceptible to engaging in high-risk behaviors while living on 
the street.
  Our bill makes improvements to the Runaway and Homeless Youth Act 
reauthorizations of past years. It doubles funding for States by 
instituting a minimum of $200,000, which will allow states to better 
meet the diverse needs of their communities. This bill also requires 
the Department of Health and Human Services to develop performance 
standards for grantees. Providing program guidelines would level the 
playing field for bidders, ensure consistency among providers, and 
increase the effectiveness of the services under the Runaway and 
Homeless Youth Act. In addition, our legislation develops an incidence 
study to better estimate the number of runaway and homeless youth and 
to identify trends. The incidence study would provide more accurate 
estimates of the runaway and homeless youth population and would help 
lawmakers make better policy decisions and allow communities to provide 
better outreach.
  In my home State of Vermont, the Vermont Coalition for Runaway and 
Homeless Youth, the New England Network for Child, Youth, and Family 
Services, and Spectrum Youth and Family Services in Burlington all 
receive grants under these programs and have provided excellent 
services. In one recent year, the street outreach programs in Vermont 
served nearly 10,000 young people.
  The overwhelming need for services is not limited to any one state or 
community. Many transitional living programs are forced to turn away 
young people seeking shelter. We heard testimony of an exemplary 
program within blocks of our nation's Capitol that has a waiting list 
as long as a year. This is unacceptable. The needs in our communities 
are real, and reauthorizing the law will allow these programs to expand 
their enormously important work.
  These topics are difficult but deserve our attention. Finding 
solutions to this growing problem is an effort we can all support. I 
thank Senator Specter for joining with me and urge all Senators to 
support prompt passage of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2982

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Runaway and Homeless Youth 
     Protection Act''.

     SEC. 2. FINDINGS.

       Section 302 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5701) is amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) services to such young people should be developed and 
     provided using a positive youth development approach that 
     ensures a young person a sense of--
       ``(A) safety and structure;
       ``(B) belonging and membership;
       ``(C) self-worth and social contribution;
       ``(D) independence and control over one's life; and
       ``(E) closeness in interpersonal relationships.''.

     SEC. 3. BASIC CENTER PROGRAM.

       (a) Services Provided.--Section 311 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5711) is amended--
       (1) in subsection (a)(2)(B), by striking clause (i) and 
     inserting the following:
       ``(i) safe and appropriate shelter provided for not to 
     exceed 21 days; and''; and
       (2) in subsection (b)(2)--
       (A) by striking ``$100,000'' and inserting ``$200,000'';
       (B) by striking ``$45,000'' and inserting ``$70,000''; and
       (C) by adding at the end the following: ``Whenever the 
     Secretary determines that any part of the amount allotted 
     under paragraph (1) to a State for a fiscal year will not be 
     obligated before the end of the fiscal year, the Secretary 
     shall reallot such part to the remaining States for 
     obligation for the fiscal year.''.
       (b) Eligibility.--Section 312(b) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5712(b)) is amended--
       (1) in paragraph (11) by striking ``and'' at the end;
       (2) in paragraph (12) by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(13) shall develop an adequate emergency preparedness and 
     management plan.''.

     SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM.

       (a) Eligibility.--Section 322(a) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``indirectly'' and inserting ``by 
     contract''; and
       (B) by striking ``services'' the first place it appears and 
     inserting ``provide, directly or indirectly, services,'';
       (2) in paragraph (2), by striking ``a continuous period not 
     to exceed 540 days, except that'' and all that follows and 
     inserting the following: ``a continuous period not to exceed 
     635 days, except that a youth in a program under this part 
     who has not reached 18 years of age on the last day of the 
     635-day period may, if otherwise qualified for the program, 
     remain in the program until the earlier of the youth's 18th 
     birthday or the 180th day after the end of the 635-day 
     period;'';
       (3) in paragraph (14), by striking ``and'' at the end;
       (4) in paragraph (15), by striking the period and inserting 
     ``; and''; and
       (5) by adding at the end the following:
       ``(16) to develop an adequate emergency preparedness and 
     management plan.''.

     SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND 
                   SERVICE PROJECTS.

       Section 343 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5714-23) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``give special consideration to'' and inserting 
     ``prioritize'';
       (B) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) positive youth development service delivery methods, 
     providing links to community services, promoting mental and 
     physical health development, enabling youth to obtain and 
     maintain housing after program completion, and developing 
     self-sufficiency competencies;''
       (2) in subsection (c)--
       (A) by inserting ``for eligibility and selection'' after 
     ``priority'';
       (B) by striking ``shall give'' and inserting the following: 
     ``shall--''
       ``(A) give'';
       (C) by striking the period and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(B) ensure that the applicants selected--
       ``(i) are geographically representative of regions of the 
     United States; and
       ``(ii) carry out projects that serve diverse populations of 
     homeless youth.''.

     SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER 
                   ACTIVITIES.

       Part D of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714-21 et seq.) is amended by adding at the end the 
     following:

[[Page S3797]]

     ``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF 
                   YOUTH HOMELESSNESS.

       ``(a) Periodic Estimate.--Not later than 2 years after the 
     date of enactment of the Runaway and Homeless Youth 
     Protection Act, and at 5-year intervals thereafter, the 
     Secretary shall prepare, and submit to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate, a written report that--
       ``(1) contains an estimate, obtained by using the best 
     quantitative and qualitative social science research methods 
     available, of the incidence and prevalence of runaway and 
     homeless individuals who are not less than 13 years of age 
     but less than 26 years of age; and
       ``(2) includes with such estimate an assessment of the 
     characteristics of such individuals.
       ``(b) Content.--Each assessment required by subsection (a) 
     shall include--
       ``(1) the results of conducting a survey of, and direct 
     interviews with, a representative sample of runaway and 
     homeless individuals who are not less than 13 years of age 
     but less than 26 years of age to determine past and current--
       ``(A) socioeconomic characteristics of such individuals; 
     and
       ``(B) barriers to such individuals obtaining--
       ``(i) safe, quality, and affordable housing;
       ``(ii) comprehensive and affordable health insurance and 
     health services; and
       ``(iii) incomes, public benefits, supportive services, and 
     connections to caring adults; and
       ``(2) such other information as the Secretary determines, 
     in consultation with States, units of local government, and 
     national nongovernmental organizations concerned with 
     homelessness, may be useful.
       ``(c) Implementation.--If the Secretary enters into any 
     agreement with a non-Federal entity for purposes of carrying 
     out subsection (a), such entity shall be a nongovernmental 
     organization, or an individual, determined by the Secretary 
     to have appropriate expertise in quantitative and qualitative 
     social science research.''.

     SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.

       Section 351(b) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5714-41(b)) is amended by inserting ``public and'' 
     after ``priority to''.

     SEC. 8. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

       The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) 
     is amended--
       (1) by redesignating part F as part G; and
       (2) by inserting after part E the following:

          ``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN

     ``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

       ``(a) In General.--The Secretary shall, directly or through 
     grants or contracts, conduct a national homeless youth 
     awareness campaign (referred to in this section as the 
     `national awareness campaign') in accordance with this 
     section for purposes of--
       ``(1) increasing awareness of individuals of all ages, 
     socioeconomic backgrounds, and geographic locations, of the 
     issues facing runaway and homeless youth (including youth 
     considering running away); and
       ``(2) encouraging parents and guardians, educators, health 
     care professionals, social service professionals, law 
     enforcement officials, stakeholders, and other community 
     members to assist youth described in paragraph (1) in 
     averting or resolving runaway and homeless situations.
       ``(b) Use of Funds.--Amounts made available to carry out 
     this section for the national awareness campaign may only be 
     used for the following:
       ``(1) Dissemination of educational information and 
     materials through various media, including television, radio, 
     the Internet and related technologies, and emerging 
     technologies.
       ``(2) Evaluation of the effectiveness of the activities 
     described in paragraphs (1) and (5).
       ``(3) Development of partnerships with national 
     organizations concerned with youth homelessness, community-
     based youth service organizations, including faith-based 
     organizations, and government organizations to carry out the 
     national awareness campaign.
       ``(4) Conducting outreach activities to stakeholders and 
     potential stakeholders in the national awareness campaign.
       ``(5) In accordance with applicable laws (including 
     regulations), development and placement in telecommunications 
     media (including the Internet and related technologies, and 
     emerging technologies) of public service announcements that 
     educate the public on--
       ``(A) the issues facing runaway and homeless youth 
     (including youth considering running away); and
       ``(B) the opportunities that adults have to assist youth 
     described in subparagraph (A).
       ``(c) Prohibitions.--None of the amounts made available to 
     carry out this section may be obligated or expended for any 
     of the following:
       ``(1) To fund public service time that supplants pro bono 
     public service time donated by national or local broadcasting 
     networks, advertising agencies, or production companies for 
     the national awareness campaign, or to fund activities that 
     supplant pro bono work for the national awareness campaign.
       ``(2) To carry out partisan political purposes, or express 
     advocacy in support of or opposition to any clearly 
     identified candidate, clearly identified ballot initiative, 
     or clearly identified legislative or regulatory proposal.
       ``(3) To fund advertising that features any elected 
     official, person seeking elected office, cabinet level 
     official, or other Federal employee employed pursuant to 
     section 213.3301 or 213.3302 of title 5, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling).
       ``(4) To fund advertising that does not contain a primary 
     message intended to educate the public on the issues and 
     opportunities described in subsection (b)(5).
       ``(5) To fund advertising that solicits contributions from 
     both public and private sources to support the national 
     awareness campaign.
       ``(d) Financial and Performance Accountability.--The 
     Secretary shall cause to be performed--
       ``(1) audits and examinations of records, relating to the 
     costs of the national awareness campaign, pursuant to section 
     304C of the Federal Property and Administrative Services Act 
     of 1949 (41 U.S.C. 254d); and
       ``(2) audits to determine whether the costs of the national 
     awareness campaign are allowable under section 306 of such 
     Act (41 U.S.C. 256).
       ``(e) Report.--The Secretary shall include in each report 
     submitted under section 382(a) a summary of information about 
     the national awareness campaign that describes--
       ``(1) the strategy of the national awareness campaign and 
     whether specific objectives of the campaign were 
     accomplished;
       ``(2) steps taken to ensure that the national awareness 
     campaign operated in an effective and efficient manner 
     consistent with the overall strategy and focus of the 
     national awareness campaign; and
       ``(3) all grants or contracts entered into with a 
     corporation, partnership, or individual working on the 
     national awareness campaign.''.

     SEC. 9. CONFORMING AMENDMENTS.

       (a) Reports.--Section 382(a) of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5715(a)) is amended by striking ``, and 
     E'' and inserting ``, E, and F''.
       (b) Consolidated Review.--Section 385 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5731a) is amended by striking 
     ``, and E'' and inserting ``, E, and F''.
       (c) Evaluation and Information.--Section 386(a) of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5732(a)) is amended 
     by striking ``, or E'' and inserting ``, E, or F''.

     SEC. 10. PERFORMANCE STANDARDS.

       Part G of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714a et seq.), as redesignated by section 8, is amended by 
     inserting after section 386 the following:

     ``SEC. 386A. PERFORMANCE STANDARDS.

       ``(a) Establishment of Performance Standards.--Not later 
     than 1 year after the date of enactment of the Runaway and 
     Homeless Youth Protection Act, the Secretary shall issue 
     rules that specify performance standards for public and 
     nonprofit private entities that receive grants under sections 
     311, 321, and 351.
       ``(b) Consultation.--The Secretary shall consult with 
     representatives of public and nonprofit private entities that 
     receive grants under this title, including statewide and 
     regional nonprofit organizations (including combinations of 
     such organizations) that receive grants under this title, and 
     national nonprofit organizations concerned with youth 
     homelessness, in developing the performance standards 
     required by subsection (a).
       ``(c) Implementation of Performance Standards.--The 
     Secretary shall integrate the performance standards into the 
     processes of the Department of Health and Human Services for 
     grantmaking, monitoring, and evaluation for programs under 
     parts A, B, and E.''.

     SEC. 11. APPEALS.

       Part G of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714a et seq.) as amended by section 10, is further amended 
     by inserting after section 386A the following:

     ``SEC. 386B. APPEALS.

       ``(a) Establishment of Appeal Procedure.--Not later than 6 
     months after the date of enactment of the Runaway and 
     Homeless Youth Protection Act, the Secretary shall establish 
     by rule an appeal procedure to enable applicants to obtain 
     timely reviews of the amounts of grants made, and the denials 
     of grants requested, under this title.
       ``(b) Consultation.--The Secretary shall consult with 
     representatives of public and nonprofit private entities that 
     receive grants under this title, including statewide and 
     regional nonprofit organizations (including combinations of 
     such organizations) that receive grants under this title, and 
     national nonprofit organizations concerned with youth 
     homelessness, in developing the appeal procedure required by 
     subsection (a).''.

     SEC. 12. DEFINITIONS.

       (a) Homeless Youth.--Section 387(3) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5732a(3)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``The'' and all that follows through ``means'' and inserting 
     ``The term `homeless', used with respect to a youth, means''; 
     and
       (2) in subparagraph (A)(ii), by striking ``not less than 16 
     years of age'' and inserting ``not less than 16 years of age 
     and not more than 21 years of age, except that nothing in 
     this clause shall prevent a participant who enters the 
     program carried out under part B prior to reaching 22 years 
     of age from being

[[Page S3798]]

     eligible for the 635-day length of stay authorized by section 
     322(a)(2); and''.
       (b) Runaway Youth.--Section 387 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5732a) is amended--
       (1) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Runaway youth.--The term `runaway', used with respect 
     to a youth, means an individual who is less than 18 years of 
     age and who absents himself or herself from home or a place 
     of legal residence without the permission of a parent or 
     legal guardian.''.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       Section 388(a) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5751(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized'';
       (B) by striking ``part E) $105,000,000 for fiscal year 
     2004'' and inserting ``parts E and F) $150,000,000 for fiscal 
     year 2009''; and
       (C) by striking ``2005, 2006, 2007, and 2008'' and 
     inserting ``2010, 2011, 2012, and 2013''; and
       (2) in paragraph (4)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized''; and
       (B) by striking ``such sums as may be necessary for fiscal 
     years 2004, 2005, 2006, 2007, and 2008'' and inserting 
     ``$30,000,000 for fiscal year 2009 and such sums as may be 
     necessary for fiscal years 2010, 2011, 2012, and 2013''; and
       (3) by adding at the end the following:
       ``(5) Part f.--There is authorized to be appropriated to 
     carry out part F $3,000,000 for fiscal year 2009 and such 
     sums as may be necessary for fiscal years 2010, 2011, 2012, 
     and 2013.''.
                                 ______
                                 
      By Mr. AKAKA (by request):
  S. 2984. A bill to amend title 38, United States Code, to expand and 
enhance veterans' benefits, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce legislation requested by 
the Secretary of Veterans Affairs, as a courtesy to the Secretary. 
Except in unusual circumstances, it is my practice to introduce 
legislation requested by the Administration so that such measures will 
be available for review and consideration.
  The Veterans' Benefits Enhancement Act of 2008 consists of several 
provisions addressing a range of VA care and services. Title I entails 
adjustments to education benefits currently offered by VA. Title II 
addresses disability claims adjudication, memorials affairs, insurance 
and specially adapted housing. Title III addresses health care matters, 
including nursing home care, contract-care payment, personnel pay and 
disclosure of private information and medical records. Title IV 
addresses VA police officers and VA medical facility leases.
  Title I of the bill would make several administrative and 
housekeeping changes to VA's education programs, allowing for faster 
and more efficient claims adjudication. Among other changes, this title 
would eliminate the requirement that a student file an application with 
VA upon changing his or her program of study while remaining enrolled 
at the same school and eliminate the requirement that wages must be 
earned in order to participate in VA's full-time on-job training, OJT, 
program.
  Title II would make changes to disability claims adjudication, 
memorial affairs, insurance and specially adapted housing. 
Specifically, it would explicitly authorize VA to stay temporarily its 
adjudication of a pending claim before a VA regional office or the 
Board of Veterans' Appeals, when a Federal Circuit appeal on the 
relevant issue is pending. It would also authorize the Board to decide 
cases out of docket-number order when a case has been stayed or when 
there is sufficient evidence to decide a claim, but a claim with an 
earlier docket number is not ready for decision. This title of the bill 
would also extend full-time and family SGLI coverage to Individual 
Ready Reservists.
  Title III pertains to health care matters, including nursing home 
care, contract-care payment, personnel pay and disclosure of private 
information and medical records. It would make permanent VA's authority 
to provide non-institutional extended care services either directly, by 
contract, or by another provider or payor. It would also extend VA's 
obligation to provide nursing home care to veterans with a service-
connected disability rated at 70 percent or greater until December 31, 
2013, and VA's authority to establish non-profit research corporations 
through the same date. This title would also repeal requirements that 
VA produce certain reports and make permanent VA's authority to assign 
enrollment priority category 6 to those veterans who participated in 
chemical and biological warfare testing at DOD's Deseret Test Center 
from 1962 to 1973.
  The fourth and final title of this bill would permit VA police 
officers to carry firearms and conduct investigations of crimes that 
occurred on VA property, while off VA property in an official capacity. 
It also would increase the uniform allowance of VA police officers, to 
ensure they do not have to pay out-of-pocket for uniform maintenance. 
Finally, it would raise the threshold for congressional authorization 
for major medical facility leases from $600,000 to $1,000,000.
  I am introducing this bill for the review and consideration of my 
colleagues at the request of the Administration. As Chairman of the 
Committee on Veterans' Affairs, I have not taken a position on this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2984

       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 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                      TITLE I--EDUCATION BENEFITS

Sec. 101. Elimination of reporting requirement for prior training.
Sec. 102. Modification of waiting period before affirmation of 
              enrollment in a correspondence course.
Sec. 103. Elimination of change-of-program application.
Sec. 104. Elimination of wage earning requirement for self-employment 
              on-job training.

                    TITLE II--OTHER BENEFITS MATTERS

Sec. 201. Staying of Claims.
Sec. 202. Management of Board of Veterans' Appeals Docket.
Sec. 203. Authorization of memorial headstones and markers for deceased 
              remarried surviving spouses of veterans.
Sec. 204. Permanent authority for VA to fund contract medical 
              disability examinations.
Sec. 205. Modification of servicemembers' group life insurance 
              coverage.
Sec. 206. Authorization of Temporary Residence Assistance grants to 
              certain active duty servicemembers.
Sec. 207. Designation of VA Office of Small Business Programs.

                   TITLE III --- HEALTH CARE MATTERS

Sec. 301. Noninstitutional extended care services.
Sec. 302. Extensions of certain authorities.
Sec. 303. Permanent authority for veterans who participated in certain 
              chemical and biological testing conducted by the 
              Department of Defense.
Sec. 304, Repeal of certain annual reporting requirements.
Sec. 305. Amendments to annual Gulf War research report.
Sec. 306. Payment for care furnished by CHAMPVA beneficiaries.
Sec. 307. Payor provisions for care furnished to certain children of 
              Vietnam veterans.
Sec. 308. Disclosures from certain medical records.
Sec. 309. Provision of health-plan contract information and Social 
              Security number.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Expansion of authority for Department of Veterans Affairs 
              police officers.
Sec. 402. Uniform allowance for Department of Veterans Affairs police 
              officers.
Sec. 403. Increase in threshold for major medical facility leases 
              requiring Congressional approval.

     SEC. 2. REFERENCES 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 or repeal to 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--EDUCATION MATTERS

     SEC. 101. ELIMINATION OF REPORTING REQUIREMENT FOR PRIOR 
                   TRAINING.

       Section 3676(c)(4) is amended by striking ``and the 
     Secretary''.

     SEC. 102. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION 
                   OF ENROLLMENT IN A CORRESPONDENCE COURSE.

       Section 3686(b) is amended by striking ``ten'' and 
     inserting ``five''.

[[Page S3799]]

     SEC. 103. ELIMINATION OF CHANGE-OF-PROGRAM APPLICATION.

       Section 3691(d) is amended--
       (1) by inserting ``(1)'' following ``another program if--
     '';
       (2) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D);
       (3) at the end of subparagraph (C), as redesignated by 
     paragraph (2) of this section, by striking ``or''; and
       (4) by striking the period and inserting ``;or
       ``(2) the change from one program to another is at the same 
     educational institution and that educational institution 
     finds that the new program is suitable to the veteran's or 
     person's aptitudes, interests, and abilities as shall be 
     evidenced by its certification to the Secretary of such 
     veteran's or person's enrollment in the new program.''

     ``In the case of a change of program described in paragraph 
     (2), the veteran or person will not be required to apply to 
     the Secretary for approval of such change.''.

     SEC. 104. ELIMINATION OF WAGE EARNING REQUIREMENT FOR SELF-
                   EMPLOYMENT ON-JOB TRAINING.

       Section 3677(b) is amended by adding at the end the 
     following new paragraph:
       ``(3) The requirement for certification under paragraph (1) 
     shall not apply to training described in section 
     3452(e)(2).''.

                    TITLE II--OTHER BENEFITS MATTERS

     SEC. 201. STAYING OF CLAIMS.

       (a) In General.--Chapter 5 is amended by inserting before 
     section 502 the following new section:

     Sec. 501A. Staying of claims

       ``(a) Notwithstanding any other provision of this title, 
     the Secretary may temporarily stay the adjudication of a 
     claim or claims before the Board of Veterans' Appeals or an 
     agency of original jurisdiction when the Secretary determines 
     that the stay is necessary to preserve the integrity of a 
     program administered under this title.
       ``(b) The Secretary shall issue regulations describing the 
     factors the Secretary will consider in determining whether 
     and to what extent a stay is warranted.
       ``(c) A claimant or claimants may petition for review of an 
     action under a regulation prescribed in accordance with this 
     section. Such review may be sought only in the United States 
     Court of Appeals for the Federal Circuit, which may set aside 
     such action if it determines that the action is arbitrary and 
     capricious.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 501 the following new item: ``501A. 
     Staying of claims.''.
       (c) Effective Date.--The provisions of section 501A, as 
     added by subsection (a) of this section, shall apply to--
       (1) any claim for benefits under any law administered by 
     the Secretary of Veterans Affairs that is received by the 
     Department of Veterans Affairs on or after the date of 
     enactment of this Act; and
       (2) any claim for such benefits that was received by the 
     Department of Veterans Affairs before the date of enactment 
     of this Act but is not finally adjudicated by the Department 
     as of that date.

     SEC. 202. MANAGEMENT OF BOARD OF VETERANS' APPEALS DOCKET.

       (a) In General.--Section 7107(a)(1) is amended by inserting 
     before the period at the end the following: ``, but the Board 
     may consider and decide a particular case before another case 
     with an earlier docket number if the earlier case has been 
     stayed, or if a decision on the earlier case has been delayed 
     for any reason and the later case is fully developed and 
     ready for decision''.
       (b) Effective Date.--The amendment made by subsection (a) 
     of this section shall apply to--
       (1) any claim for benefits under a law administered by the 
     Secretary of Veterans Affairs that is received by the 
     Department of Veterans Affairs on or after the date of 
     enactment of this Act; and
       (2) any claim for such benefits that was received by the 
     Department of Veterans Affairs before the date of enactment 
     of this Act but is not finally adjudicated by the Department 
     as of that date.

     SEC. 203. AUTHORIZATON OF MEMORIAL HEADSTONES AND MARKERS FOR 
                   DECEASED REMARRIED SURVIVING SPOUSES OF 
                   VETERANS.

       (a) In General.--Section 2306(b)(4)(B) is amended by 
     striking ``an unremarried surviving spouse whose subsequent 
     remarriage was terminated by death or divorce'' and inserting 
     ``a surviving spouse who had a subsequent remarriage''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to deaths occurring on or after the date of the 
     enactment of this Act.

     SEC. 204. PERMANENT AUTHORITY FOR VA TO FUND CONTRACT MEDICAL 
                   DISABILITY EXAMINATIONS.

       Repeal of Expiration of Authority to Fund Contract Medical 
     Examinations Using Appropriated Funds.--Section 704 of the 
     Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 
     2651; 38 U.S.C. 5101 note), is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (d) as subsection (c); and
       (3) by striking ``TEMPORARY'' from the heading of section 
     704.

     SEC. 205. 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--Subparagraph (C) of section 1967(a)(1) 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 amendments.--
       (A) Subparagraph (C) of section 1967(a)(5) is amended by 
     striking ``section 1965(5)(B) of this title'' and inserting 
     ``subparagraph (B) or (C) of section 1965(5) of this title''; 
     and
       (B) Subparagraph (B) of section 1969(g)(1) is amended by 
     striking ``section 1965(5)(B) of this title'' and inserting 
     ``subparagraph (8) or (C) of section 1965(5) of this title''.
       (b) Reduction in Period of Dependents' Coverage after 
     Member Separates.--Section 1968(a)(5)(B)(ii) is amended by 
     striking ``120 days after''.
       (c) Authority to Set Premiums for Ready Reservists' 
     Spouses.--Section 1969(g)(1)(B) is amended by striking 
     ``(which shall be the same for all such members)''.
       (d) Forfeiture of Veterans' Group Life Insurance.--Section 
     1973 is amended by striking ``under this subchapter'' and 
     inserting ``and Veterans Group Life Insurance under this 
     subchapter''.
       (e) Effective and Applicability Dates.--
       (1) The amendments made in subsection (a) of this section 
     shall take effect on the date of enactment of this Act.
       (2) The amendment made by subsection (b) of this section 
     shall apply with respect to Servicemembers' Group Life 
     Insurance coverage for an insurable dependent of a member, as 
     defined in section 1965(10) of title 38, United States Code, 
     that begins on or after the date of enactment of this Act.
       (3) The amendment made by subsection (c) of this section 
     shall take effect as if enacted on June 5, 2001, immediately 
     after the enactment of the Veterans' Survivor Benefits 
     Improvements Act of 2001 (Public Law 107-14; 115 Stat. 25).
       (4) The amendment made by subsection (d) of this section 
     shall apply with respect to any act of mutiny, treason, 
     spying, or desertion committed on or after the date of 
     enactment of this Act for which a person is found guilty, or 
     with respect to refusal because of conscientious objections 
     to perform service in, or to wear the uniform of, the United 
     States Armed Forces on or after the date of enactment of this 
     Act.

     SEC. 206. PERMIT VA TO PROVIDE TEMPORARY RESIDENCE ASSISTANCE 
                   GRANTS TO CERTAIN ACTIVE DUTY SERVICEMEMBERS.

       Section 2101(c) is amended to read as follows:
       ``(c) 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 described in this 
     section if such disability is the result of an injury 
     incurred or disease contracted in or aggravated in line of 
     duty in the active military, naval, or air service. Such 
     assistance shall be provided to the same extent, and subject 
     to the same limitations, as assistance is provided to 
     veterans under this chapter.''.

     SEC. 207. DESIGNATON OF VA OFFICE OF SMALL BUSINESS PROGRAMS.

       The Office of Small Business Programs of the Department of 
     Veterans Affairs is the office that is established within the 
     Office of the Secretary of Veterans Affairs under section 
     15(k) of the Small Business Act (15 U.S.C. 644(k)). The 
     Director of Small Business Programs is the head of such 
     office.

                     TITLE III--HEALTH CARE MATTERS

     SEC. 301. NONINSTITUTIONAL EXTENDED CARE SERVICES.

       (a) Section 1701(10) is repealed.
       (b) Section 1701(6) is amended--
       (1) by redesignating subparagraphs (E) and (F) as (F) and 
     (G), respectively; and
       (2) by adding the following new subparagraph (E):
       ``(E) Noninstitutional extended care services, including 
     alternatives to institutional extended care which the 
     Secretary may furnish (i) directly. (ii) by contract, or 
     (iii) (through provision of case management) by another 
     provider or payor.''.

     SEC. 302. EXTENSIONS OF CERTAIN AUTHORITIES.

       (a) Nursing Home Care.--Subsection (c) of section 1710A is 
     amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2013''.
       (b) Research Corporations.--Section 7368 is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2013''.
       (c) Recovery Audits.--Section 1703(d) is amended in 
     paragraph (4) by striking ``September 30, 2008'' and 
     inserting ``September 30, 2013''.

     SEC. 303. PERMANENT AUTHORITY FOR VETERANS WHO PARTICIPATED 
                   IN CERTAIN CHEMICAL AND BIOLOGICAL TESTING 
                   CONDUCTED BY THE DEPARTMENT OF DEFENSE.

       Subsection (e) of section 1710 is amended by striking 
     paragraph (3)(D).

     SEC. 304. REPEAL OF CERTAIN ANNUAL REPORTING REQUIREMENTS.

       (a) Nurse Pay Report.--Section 7451 is amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsection (g) as subsection (f).
       (b) Long-Term Planning Report.--Section 8107 is repealed.

     SEC. 305. AMENDMENTS TO ANNUAL GULF WAR RESEARCH REPORT.

       Section 707 of the Persian Gulf War Veterans' Health Status 
     Act (title VII of Public

[[Page S3800]]

     Law 102-585; 106 Stat. 4943; 38 U.S.C. 527 note) is 
     amended in subsection (c)(1), by striking ``Not later than 
     March 1 of each year'' and inserting ``Not later than July 
     1, 2008, and July 1 of each of the five following years''.

     SEC. 306. PAYMENT FOR CARE FURNISHED TO CHAMPVA 
                   BENEFICIARIES.

       Section 1781 is amended at the end by adding the following 
     new subsection:
       ``(e) Payment by the Secretary under this section on behalf 
     of a covered beneficiary for medical care shall constitute 
     payment in full and extinguish any liability on the part of 
     the beneficiary for that care.''.

     SEC. 307. PAYOR PROVISIONS FOR CARE FURNISHED TO CERTAIN 
                   CHILDREN OF VIETNAM VETERANS.

       (a) Children of Vietnam Veterans Born With Spina Bifida.--
     Section 1803 is amended--
       (1) by redesignating subsection (c) as (d); and
       (2) by inserting new subsection (c) as follows:
       ``(c) Where payment by the Secretary under this section is 
     less than the amount of the charges billed, the health care 
     provider or agent of the health care provider may seek 
     payment for the difference between the amount billed and the 
     amount paid by the Secretary from a responsible third party 
     to the extent that the provider or agent thereof would be 
     eligible to receive payment for such care or services from 
     such third party, but--
       ``(1) the health care provider or agent for the health care 
     provider may not impose any additional charge on the 
     beneficiary who received the medical care, or the family of 
     such beneficiary, for any service or item for which the 
     Secretary has made payment under this section;
       ``(2) the total amount of payment a provider or agent of 
     the provider may receive for care and services furnished 
     under this section may not exceed the amount billed to the 
     Secretary; and
       ``(3) the Secretary, upon request, shall disclose to such 
     third party information received for the purposes of carrying 
     out this section.''.
       (b) Children of Women Vietnam Veterans Born With Birth 
     Defects.-- Section 1813 is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting new subsection (c) as follows:
       ``(c) Where payment by the Secretary under this section is 
     less than the amount of the charges billed, the health care 
     provider or agent of the health care provider may seek 
     payment for the difference between the amount billed and the 
     amount paid by the Secretary from a responsible third party 
     to the extent that the health care provider or agent thereof 
     would be eligible to receive payment for such care or 
     services from such third party, but--
       ``(1) the health care provider or agent for the health care 
     provider may not impose any additional charge on the 
     beneficiary who received medical care, or the family of such 
     beneficiary, for any service or item for which the Secretary 
     has made payment under this section;
       ``(2) the total amount of payment a provider or agent of 
     the provider may receive for care and services furnished 
     under this section may not exceed the amount billed to the 
     Secretary; and
       ``(3) the Secretary, upon request, shall disclose to such 
     third party information received for the purposes of carrying 
     out this section.''.

     SEC. 308. DISCLOSURES FROM CERTAIN MEDICAL RECORDS.

       Section 7332(b)(2) of such title is amended by adding at 
     the end thereof the following new subparagraph:
       ``(F)(i) To a representative of a patient who lacks 
     decision-making capacity, when a practitioner deems the 
     content of the given record necessary for that representative 
     to make an informed decision regarding the patient's 
     treatment.
       ``(ii) In this subparagraph, the term `representative' 
     means an individual, organization or other body authorized 
     under section 7331 of this title and its implementing 
     regulations to give informed consent on behalf of a patient 
     who lacks decision-making capacity.''.

     SEC. 309. PROVISION OF HEALTH-PLAN CONTRACT INFORMATION AND 
                   SOCIAL SECURITY NUMBER.

       Subchapter I of Chapter 17 of title 38, United States Code, 
     is amended--
       (1) by adding at the end the following new section:

     Sec. 1709. Provision of health-plan contract information and 
       social security number

       ``(a) Any individual who applies for or is in receipt of 
     any hospital, nursing home, or domiciliary care; medical, 
     rehabilitative, or preventive health services; or other 
     medical care under laws administered by the Secretary shall, 
     at the time of such application, or otherwise when requested 
     by the Secretary, furnish the Secretary with such current 
     information as the Secretary may require to identify any 
     health-plan contract, as defined in section 1729 (i)(1) of 
     this title, under which such individual is covered, to 
     include, as applicable, the name, address, and telephone 
     number of such health-plan contract; the name of the 
     individual's spouse, if the individual's coverage is under 
     the spouse's health-plan contract; the plan number, and 
     the plan's group code.
       ``(b) Any individual who applies for or is in receipt of 
     any hospital, nursing home, or domiciliary care; medical, 
     rehabilitative, or preventive health services; or other 
     medical care and services under laws administered by the 
     Secretary shall, at the time of such application, or 
     otherwise when requested by the Secretary, furnish the 
     Secretary with the individual's social security number and 
     the social security number of any dependent or Department of 
     Veterans Affairs' beneficiary on whose behalf, or based upon 
     whom, such individual applies for or is in receipt of such 
     benefit. This subsection does not require an individual to 
     furnish the Secretary with a social security number for any 
     individual to whom a social security number has not been 
     assigned.
       ``(c) The Secretary shall deny the individual's application 
     for, or may terminate the individual's enrollment in, the 
     system of patient enrollment established by the Secretary 
     under section 1705 of this title, if the individual does not 
     provide the social security number required or requested to 
     be furnished pursuant to subsection (b) of this section. The 
     Secretary, following such denial or termination, may, upon 
     receipt of the information required or requested under 
     subsection (b), approve the individual's application or 
     reinstate the individual's enrollment (if otherwise in 
     order), for such medical care and services provided on and 
     after the date of such receipt of information.
       ``(d) Nothing in this section shall be construed as 
     authority to deny medical care and treatment to an individual 
     in a medical emergency.''.
       (2) by amending the table of sections for such subchapter 
     by adding at the end thereof the following new item: 
     Sec. 1709. Provision of health-plan contract information and 
     social security number.''

     TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS 
                   AFFAIRS POLICE OFFICERS.

       Section 902 is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Employees of the Department who are Department police 
     officers shall, with respect to acts occurring on Department 
     property--
       ``(A) enforce Federal laws;
       ``(B) enforce the rules prescribed under section 901 of 
     this title;
       ``(C) enforce traffic and motor vehicle laws of a state or 
     local government within the jurisdiction of which such 
     Department property is located as authorized by an express 
     grant of authority under applicable state or local law. Any 
     such enforcement shall be by issuance of a citation for 
     violation of such law;
       ``(D) carry the appropriate VA-issued weapons, including 
     firearms, while off Department property in an official 
     capacity or while in an official travel status;
       ``(E) conduct investigations, on and off Department 
     property, of offenses that may have been committed on 
     property under the original jurisdiction of VA, consistent 
     with agreements or other consultation with affected local, 
     state, or Federal law enforcement agencies; and
       ``(F) carry out, as needed and appropriate, the duties 
     described in subparagraphs (A)-(E) of this subsection when 
     engaged in duties authorized by other Federal statutes.''.
       (B) by striking paragraph (2) and renumbering paragraph (3) 
     as paragraph (2) and adding ``, and on any arrest warrant 
     issued by competent judicial authority'' before the period.
       (2) by amending subsection (c) to read:
       ``(c) The powers granted to Department police officers 
     designated under this section shall be exercised in 
     accordance with guidelines approved by the Secretary and the 
     Attorney General.''.

     SEC. 402. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS 
                   AFFAIRS POLICE OFFICERS.

       Section 903 is amended--
       (1) by striking the matter in subsection (b) and inserting:
       ``(b) The amount of the allowance that the Secretary may 
     pay under this section will be the lesser of--
       ``(1) the amount currently allowed as prescribed by the 
     Office of Personnel Management; or
       ``(2) estimated costs or actual costs as determined by 
     periodic surveys conducted by the Department.
       ``During any fiscal year no officer will receive more than 
     the amount established under this subsection.''.
       (2) by striking the matter in subsection (c) and inserting:
       ``(c) The allowance established under subsection (b) shall 
     be paid at the beginning of a Department police officer's 
     employment for those appointed on or after October 1, 2008. 
     In the case of any other Department police officer, an 
     allowance in the amount established under subsection (b) 
     shall be paid upon the request of the officer.

     SEC. 403. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY 
                   LEASES REQUIRING CONGRESSIONAL APPROVAL.

       Section 8104(a)(3)(B) is amended by striking ``$600,000'' 
     and inserting ``$1,000,000''.
                                  ____

                                                     The Secretary


                                          of Veterans Affairs,

                                       Washington, April 25, 2008.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives,
     Washington, DC.
       Dear Madam Speaker: We are transmitting the ``Veterans' 
     Benefits Enhancement Act of 2008,'' a draft bill ``[t]o amend 
     title 38, United States Code, to expand and enhance

[[Page S3801]]

     veterans' benefits, and for other purposes.'' The Department 
     of Veterans Affairs (VA) requests that the bill be referred 
     to the appropriate committee for prompt consideration and 
     enactment.
       VA's draft bill contains four titles that address 
     improvements to education, health care, and other benefits, 
     as well as other miscellaneous matters. Enclosed please find 
     a section-by-section analysis, which includes cost estimates.
       The provisions of title I dealing with education matters 
     would eliminate the requirement that certain institutions 
     report to VA any credit granted a student for prior training, 
     modify the waiting period before affirmation of enrollment in 
     a program pursued exclusively by correspondence, eliminate 
     the requirement that an individual report to VA for approval 
     a second change of program pursued while enrolled at the same 
     institution, and eliminate the wage-earning requirement for 
     self-employment on-job training.
       Title II of the draft bill deals with miscellaneous 
     provisions that would permit VA to stay temporarily its 
     adjudication of claims while awaiting pending court 
     decisions, clarify that the Board of Veterans' Appeals may 
     decide certain cases out of docket-number order, permit VA to 
     furnish a memorial headstone or marker for certain deceased 
     surviving spouses of veterans, make permanent VA authority to 
     contract for medical disability examinations, modify 
     servicemembers' group life insurance coverage, permit VA to 
     provide Temporary Residence Assistance grants to certain 
     active-duty servicemembers, and designate the office required 
     to be established by the Small Business Act (15 U.S.C. 
     Sec. 644(k)) as the Office of Small Business Programs.
       Title III addresses a number of significant health care 
     matters. One of the major provisions would authorize the 
     Secretary to require that recipients of, and applicants for, 
     medical care and services provide their health-plan contract 
     information and social security numbers upon request. This 
     would allow VA to enhance revenue collection from health 
     insurance carriers and ensure the accurate identification 
     of medical care applicants by a single unique identifier, 
     thus facilitating VA medical care eligibility 
     determinations.
       Other key provisions of title III would provide for several 
     needed program extensions, including the Department's mandate 
     to provide nursing home care to veterans with service-
     connected disabilities of 70 percent or greater and to those 
     who need such care for the treatment of a service-connected 
     disability. Another provision of title III would allow VA to 
     establish additional nonprofit research corporations. There 
     is also a measure to extend VA's authority to conduct its 
     audit-recovery program, which assists in identifying 
     erroneous payments or overpayments made under fee-basis 
     contracts or other medical services contracts. The audit 
     program has achieved notable success in the amounts 
     recovered. All of these are important authorities that should 
     not be allowed to lapse.
       We also propose to amend 38 U.S.C. Sec. 7332 to allow VA 
     providers to disclose information related to a patient's 
     treatment of drug abuse, alcoholism and alcohol abuse, 
     infection with the human immunodeficiency virus, and sickle 
     cell anemia to that patient's authorized surrogate when the 
     patient lacks decision-making capacity but has not expressly 
     authorized the release of that information to that surrogate. 
     The terms of the provision are very narrowly drawn to permit 
     disclosure of this information only when clinically relevant 
     to the treatment decision that the surrogate is being asked 
     to make and are consistent with widely-accepted ethical 
     standards for informed consent. In its report, Disclosing 
     Patients' Protected Health Information to Surrogates 
     (February 2005), VHA's National Ethics Committee concluded 
     that, in light of significant legal protections now in place 
     regarding employment discrimination based on personal health 
     status and the confidentiality of personal health 
     information, the current section 7332 prohibition against the 
     disclosure of clinically-relevant medical information to 
     surrogate decision makers is no longer justifiable. Moreover, 
     the Committee concluded that 38 U.S.C. Sec. 7332 places 
     clinicians in the ethically untenable position of being 
     required to obtain informed consent from the surrogate 
     decision maker on behalf of a patient who lacks decision-
     making capacity, while being unable to disclose to the 
     surrogate this significant clinical information without which 
     there can be no full and informed consent.
       Key provisions of Title IV of the draft bill would make 
     long-needed improvements to VA's Security and Law Enforcement 
     Program, and enable our police officers to more fully perform 
     all of the duties required of their law enforcement 
     positions.
       The Office of Management and Budget advises that 
     transmission of this legislative package is in accord with 
     the President's program.
       An identical letter has been sent to the President of the 
     Senate.
           Sincerely yours,
     James B. Peake.

                          ____________________