[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3798-S3801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.

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