[Congressional Record Volume 154, Number 127 (Tuesday, July 29, 2008)]
[House]
[Pages H7276-H7280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              HUBBARD ACT

  Mr. KIND. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6580) to ensure the fair treatment of a member of the Armed 
Forces who is discharged from the Armed Forces, at the request of the 
member, pursuant to the Department of Defense policy permitting the 
early discharge of a member who is the only surviving child in a family 
in which the father or mother, or one or more siblings, served in the 
Armed Forces and, because of hazards incident to such service, was 
killed, died as a result of wounds, accident, or disease, is in a 
captured or missing in action status, or is permanently disabled, to 
amend the Internal Revenue Code of 1986 to repeal the dollar limitation 
on contributions to funeral trusts, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6580

       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 ``Hubbard 
     Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Continued payment of bonuses and similar benefits for members 
              of the Armed Forces who receive sole survivorship 
              discharge.
Sec. 3. Availability of separation pay for members of the Armed Forces 
              with less than six years of active service who receive 
              sole survivorship discharge.
Sec. 4. Transitional health care for members of the Armed Forces who 
              receive sole survivorship discharge.
Sec. 5. Transitional commissary and exchange benefits for members of 
              the Armed Forces who receive sole survivorship discharge.
Sec. 6. Veterans benefits for members of the Armed Forces who receive 
              sole survivorship discharge.
Sec. 7. Unemployment compensation for members of the Armed Forces who 
              receive sole survivorship discharge.

[[Page H7277]]

Sec. 8. Preference-eligible status for members of the Armed Forces who 
              receive sole survivorship discharge.
Sec. 9. Repeal of dollar limitation on contributions to funeral trusts.
Sec. 10. Effective dates.

     SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR 
                   MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE 
                   SURVIVORSHIP DISCHARGE.

       (a) Effect of Sole Survivorship Discharge.--Section 303a(e) 
     of title 37, United States Code, is amended--
       (1) in paragraph (1), by striking ``A member'' and 
     inserting ``(A) Except as provided in paragraph (2), a 
     member'';
       (2) by redesignating paragraph (2) as subparagraph (B) of 
     paragraph (1); and
       (3) by inserting after paragraph (1), as so amended, the 
     following new paragraph (2):
       ``(2)(A) If a member of the uniformed services receives a 
     sole survivorship discharge, the Secretary concerned--
       ``(i) shall not require repayment by the member of the 
     unearned portion of any bonus, incentive pay, or similar 
     benefit previously paid to the member; and
       ``(ii) may grant an exception to the requirement to 
     terminate the payment of any unpaid amounts of a bonus, 
     incentive pay, or similar benefit if the Secretary concerned 
     determines that termination of the payment of the unpaid 
     amounts would be contrary to a personnel policy or management 
     objective, would be against equity and good conscience, or 
     would be contrary to the best interests of the United States.
       ``(B) In this paragraph, the term `sole survivorship 
     discharge' means the separation of a member from the Armed 
     Forces, at the request of the member, pursuant to the 
     Department of Defense policy permitting the early separation 
     of a member who is the only surviving child in a family in 
     which--
       ``(i) the father or mother or one or more siblings--
       ``(I) served in the Armed Forces; and
       ``(II) was killed, died as a result of wounds, accident, or 
     disease, is in a captured or missing in action status, or is 
     permanently 100 percent disabled or hospitalized on a 
     continuing basis (and is not employed gainfully because of 
     the disability or hospitalization); and
       ``(ii) the death, status, or disability did not result from 
     the intentional misconduct or willful neglect of the parent 
     or sibling and was not incurred during a period of 
     unauthorized absence.''.
       (b) Sense of Congress.--In light of the extraordinary 
     discretion granted to the Secretary of a military department 
     by statute and policy to continue to pay the unpaid amounts 
     of a bonus, incentive pay, or similar benefit otherwise due 
     to a member of the Armed Forces under the jurisdiction of the 
     Secretary who receives a sole survivorship discharge, it is 
     the sense of Congress that the Secretaries of the military 
     departments should aggressively use such discretion to the 
     benefit of members receiving a sole survivorship discharge.

     SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS OF THE 
                   ARMED FORCES WITH LESS THAN SIX YEARS OF ACTIVE 
                   SERVICE WHO RECEIVE SOLE SURVIVORSHIP 
                   DISCHARGE.

       Section 1174 of title 10, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Special Rule for Members Receiving Sole Survivorship 
     Discharge.--(1) A member of the Armed Forces who receives a 
     sole survivorship discharge shall be entitled to separation 
     pay under this section even though the member has completed 
     less than six years of active service immediately before that 
     discharge. Subsection (e) shall not apply to a member who 
     receives a sole survivorship discharge.
       ``(2) The amount of the separation pay to be paid to a 
     member pursuant to this subsection shall be based on the 
     years of active service actually completed by the member 
     before the member's sole survivorship discharge.
       ``(3) In this subsection, the term `sole survivorship 
     discharge' means the separation of a member from the Armed 
     Forces, at the request of the member, pursuant to the 
     Department of Defense policy permitting the early separation 
     of a member who is the only surviving child in a family in 
     which--
       ``(A) the father or mother or one or more siblings--
       ``(i) served in the Armed Forces; and
       ``(ii) was killed, died as a result of wounds, accident, or 
     disease, is in a captured or missing in action status, or is 
     permanently 100 percent disabled or hospitalized on a 
     continuing basis (and is not employed gainfully because of 
     the disability or hospitalization); and
       ``(B) the death, status, or disability did not result from 
     the intentional misconduct or willful neglect of the parent 
     or sibling and was not incurred during a period of 
     unauthorized absence.''.

     SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF THE ARMED 
                   FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.

       Section 1145(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(E) A member who receives a sole survivorship discharge 
     (as defined in section 1174(i) of this title).''.

     SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR 
                   MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE 
                   SURVIVORSHIP DISCHARGE.

       Section 1146 of title 10, United States Code, is amended--
       (1) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(a) Benefits for Members Involuntarily Separated.--The 
     Secretary of Defense''; and
       (2) by adding at the end the following new subsection:
       ``(b) Benefits for Members Receiving Sole Survivorship 
     Discharge.--A member of the Armed Forces who receives a sole 
     survivorship discharge (as defined in section 1174(i) of this 
     title) is entitled to continue to use commissary and exchange 
     stores and morale, welfare, and recreational facilities in 
     the same manner as a member on active duty during the two-
     year period beginning on the later of the following dates:
       ``(1) The date of the separation of the member.
       ``(2) The date on which the member is first notified of the 
     members entitlement to benefits under this section.''.

     SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO 
                   RECEIVE SOLE SURVIVORSHIP DISCHARGE.

       (a) Housing Loan Benefits.--Section 3702(a)(2) of title 38, 
     United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(F) Each veteran who was discharged or released from a 
     period of active duty of 90 days or more by reason of a sole 
     survivorship discharge (as that term is defined in section 
     1174(i) of title 10).''.
       (b) Employment and Training.--Section 4211(4) of such title 
     is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) was discharged or released from active duty by reason 
     of a sole survivorship discharge (as that term is defined in 
     section 1174(i) of title 10).''.
       (c) Existing Basic Educational Assistance.--
       (1) Service on active duty.--Section 3011(a)(1) of such 
     title is amended--
       (A) in subparagraph (A)(ii), by inserting after ``service-
     connected disability,'' the following: ``by reason of a sole 
     survivorship discharge (as that term is defined in section 
     1174(i) of title 10),'';
       (B) in subparagraph (B)(ii), by inserting after ``service-
     connected disability,'' the following: ``by reason of a sole 
     survivorship discharge (as that term is defined in section 
     1174(i) of title 10),''; and
       (C) in subparagraph (C)(iii)(II), by inserting after 
     ``service-connected disability,'' the following: ``by reason 
     of a sole survivorship discharge (as that term is defined in 
     section 1174(i) of title 10),''.
       (2) Service in the selected reserve.--Section 3012(b)(1) of 
     such title is amended--
       (A) in subparagraph (A)--
       (i) by striking ``, or (vi)'' and inserting ``, (vi)''; and
       (ii) by inserting before the period at the end the 
     following: ``, or (vii) by reason of a sole survivorship 
     discharge (as that term is defined in section 1174(i) of 
     title 10)''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by inserting after ``service-connected 
     disability,'' the following: ``by reason of a sole 
     survivorship discharge (as that term is defined in section 
     1174(i) of title 10),''; and
       (ii) in clause (ii)--

       (I) by striking ``, or (VI)'' and inserting ``, (VI)''; and
       (II) by inserting before the period at the end the 
     following: ``, or (VII) by reason of a sole survivorship 
     discharge (as that term is defined in section 1174(i) of 
     title 10)''.

     SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED 
                   FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.

       Section 8521(a)(1)(B)(ii)(III) of title 5, United States 
     Code, is amended by striking ``hardship,'' and inserting 
     ``hardship (including pursuant to a sole survivorship 
     discharge, as that term is defined in section 1174(i) of 
     title 10),''.

     SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED 
                   FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.

       Section 2108(3) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G), by inserting ``and'' at the end; 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) a veteran who was discharged or released from a 
     period of active duty by reason of a sole survivorship 
     discharge (as that term is defined in section 1174(i) of 
     title 10);''.

     SEC. 9. REPEAL OF DOLLAR LIMITATION ON CONTRIBUTIONS TO 
                   FUNERAL TRUSTS.

       (a) In General.--Subsection (c) of section 685 of the 
     Internal Revenue Code of 1986 (relating to treatment of 
     funeral trusts) is repealed.
       (b) Conforming Amendment.--Subsections (d), (e), and (f) of 
     such section are redesignated as subsections (c), (d), and 
     (e), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable

[[Page H7278]]

     years beginning after the date of the enactment of this Act.

     SEC. 10. EFFECTIVE DATES.

       (a) Retroactive Effective Date.--Except as provided in 
     subsection (b) and section 9, this Act and the amendments 
     made by this Act shall apply with respect to any sole 
     survivorship discharge granted after September 11, 2001.
       (b) Date of Enactment Effective Date for Certain 
     Amendments.--The amendments made by sections 4,  7, and 8 
     shall apply with respect to any sole survivorship discharge 
     granted after the date of the enactment of this Act.
       (c) Sole Survivorship Discharge Defined.--In this section, 
     the term ``sole survivorship discharge'' means the separation 
     of a member from the Armed Forces, at the request of the 
     member, pursuant to the Department of Defense policy 
     permitting the early separation of a member who is the only 
     surviving child in a family in which--
       (1) the father or mother or one or more siblings--
       (A) served in the Armed Forces; and
       (B) was killed, died as a result of wounds, accident, or 
     disease, is in a captured or missing in action status, or is 
     permanently 100 percent disabled or hospitalized on a 
     continuing basis (and is not employed gainfully because of 
     the disability or hospitalization); and
       (2) the death, status, or disability did not result from 
     the intentional misconduct or willful neglect of the parent 
     or sibling and was not incurred during a period of 
     unauthorized absence.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Kind) and the gentleman from California (Mr. Nunes) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. KIND. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
introduce other extraneous material on H.R. 6580.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. KIND. Madam Speaker, I yield myself such time as I may consume.
  H.R. 6580 is a combination of two good pieces of legislation joined 
together to be pay-as-you-go compliant under our current budget rules. 
The first part of the bill is the Hubbard Act, an important bill 
introduced by my good friend and colleague on the Ways and Means 
Committee, Representative Devin Nunes from California. The second part 
of the bill (H.R. 1264) is a bill that I and Charlie Wilson of Ohio 
introduced to make it easier for individuals to save and to plan for 
their funerals.
  Let me begin by commending Representative Nunes for sponsoring and 
for introducing the Hubbard Act. This bill makes an important change to 
the rules governing sole survivorship in the Armed Forces. It's the 
right thing to do. In a moment, you will realize why.
  Representative Nunes represents the Hubbard family in California. 
Tragically, this family has lost two sons, Jared and Nathan, to the war 
in Iraq. The remaining son, Jason, left the Army under the sole 
survivor rule, which protects parents from losing all of their children 
to war by permitting the last remaining sibling in combat to return 
home if all other siblings have been killed or have been severely 
injured. This truly is the Saving Private Ryan scenario. After being 
discharged, however, Jason Hubbard was asked to repay significant 
portions of his enlistment bonus; he was denied transition health care, 
and he was told he wasn't eligible for GI benefits even though he had 
already paid into the program.
  Currently, there are no standard benefits available to those who 
separate from the Armed Services under the Sole Survivor Policy 
regardless of whether one's service obligation was completed. The 
Hubbard Act will allow those troops who voluntarily separate under the 
sole survivor rule to qualify for the same benefits provided to those 
who involuntarily or who honorably separate from the military. Sole 
survivors of their families who have already made the greatest 
sacrifice should qualify for the benefits that they've earned. This 
bill corrects that. Again, it's the right thing for us to do.
  To offset the costs of the Hubbard Act, H.R. 6580 also includes 
language to eliminate the current dollar limitation for qualified 
funeral trusts. Current law limits a funeral trust to just $9,000, but 
this is generally no longer sufficient to cover a family's funeral and 
burial expenses. With this contribution limit, even those who 
responsibly plan for their own funerals often leave their families with 
substantial expenses.
  Given that the qualified funeral trusts can only be used for 
specific, limited purposes, I see no reason to place a dollar limit on 
their use. According to the Joint Committee on Taxation, the bill will 
have a positive impact on the Federal Treasury.
  The passage of this legislation is an important step for American 
families and funeral directors, and it would allow for seamless funeral 
and burial planning for families in western Wisconsin and throughout 
the United States.
  I hope these two commonsense, bipartisan pieces of legislation 
packaged together will pass this Congress and will move to the 
President's desk swiftly. I urge my colleagues to support H.R. 6580.
  Finally, I would like to offer my thoughts and prayers to the Hubbard 
family. Their sacrifice will not be forgotten. I hope the passage of 
this bill will offer them some solace, will honor their sacrifice and 
will respect their sons' service to our country. May God bless Jared 
and Nathan.
  May God also bring a special comfort to those families who have lost 
a loved one while serving our Nation.
  I reserve the balance of my time.
  Mr. NUNES. Madam Speaker, I yield myself such time as I may consume.
  Before I share with you the reason I wrote this legislation, I think 
it's important to remind everyone why sole survivors are afforded 
unique status in our military.
  Prior to 1942, it was not uncommon for family members to serve 
together in the military, even in the same unit. However, a World War 
II tragedy during the naval battle at Guadalcanal would cause the War 
Department to rethink its policy. That tragedy involved the death of 
all five Sullivan brothers, who were serving together aboard the USS 
Juneau when it was sunk in 1942.
  The death of the Sullivans prompted changes intended to protect 
families from the heartache of losing an entire generation to war. One 
key reform is the policy requiring sole survivors to be removed from 
combat. It is this rule, known as the Sole Survivor Policy, that Tom 
Hanks dramatized in his movie Saving Private Ryan. Since 9/11, there 
have been 51 sole survivors identified by the Department of Defense. 
Each of them has a unique story of service and sacrifice.
  The events that shaped why we are here today began in November 2004 
when a roadside bomb in Iraq killed Marine Lance Corporal Jared 
Hubbard. It is hard for anyone, myself included, to understand the 
anguish of losing a son or a daughter to war. The Hubbards bore their 
grief with amazing strength, and with the help of family and friends, 
they buried their son. Jared's patriotism and sacrifice inspired 
everyone who knew him, and although his loss is very real, his presence 
was not lost. Both of his brothers, Nathan and Jason, soon joined the 
Army. When asked why they chose to serve, both men responded that they 
wanted to honor their brother and wanted to continue his service to our 
Nation.
  Late last year, Jason and Nathan were returning from a night scouting 
mission in separate Blackhawk helicopters when Nathan's helicopter 
crashed. Jason's Blackhawk landed with orders to secure the crash site. 
However, there were no survivors. Nathan had been killed in the crash.
  Nathan's death resulted in Jason Hubbard's designation as a sole 
survivor. He was removed from combat duty, and was assigned to the 
solemn duty of accompanying his brother's body home for a second 
funeral in 3 years. Unfortunately, the tragedy does not end here.
  When Jason voluntarily separated from the Army under the Sole 
Survivor Policy, he was asked to pay back his enlistment bonus.

                              {time}  2015

  He was denied transitional health care, and was told that he could 
not receive GI Bill benefits, the reason: ``He did not fulfill the 
commitment outlined in his contract.'' This response was clearly not 
what Jason expected. And I don't think there is anyone in this Nation 
who would argue that the Hubbards had failed in their commitment to our 
Nation.

[[Page H7279]]

  Jason lost two brothers to war. He served honorably in the United 
States Army and discharged as a sole survivor only after being removed 
from combat under the Army's own rules. The challenges he faced were 
unjust. When Army Secretary Pete Geren learned of Jason's situation, he 
intervened to the extent he was able. However, we discovered statutory 
constraints that limited what the Secretary of the Army could do. The 
legislation before us today resolves those statutory issues, and for 
the first time recognizes sole survivors through an act of Congress.
  The Hubbard Act will provide benefits already offered to other 
soldiers who honorably separate from military service. This means that 
sole survivors will not be forced to repay their enlistment bonus, they 
will be able to participate in the current and new GI Bill educational 
program, they will receive separation pay, and they will continue to be 
afforded transitional health care coverage.
  As I conclude, I would like to thank my friends, Mr. Costa and Mr. 
Cardoza; both were instrumental in building support for this 
legislation. Furthermore, I would like to thank Senator Feinstein and 
Senator Chambliss for championing the Hubbard Act in the Senate, and of 
course Chairman Rangel and Ranking Member McCrery and, of course, Mr. 
Kind for their willingness to provide the offset for this bill. Their 
support, and the support of the 311 cosponsors, is very much 
appreciated.
  With that, Madam Speaker, I reserve the balance of my time.
  Mr. KIND. Madam Speaker, at this time, I would like to recognize for 
such time as he may consume a former funeral director himself, my good 
friend and colleague from Ohio, Charlie Wilson.
  Mr. WILSON of Ohio. Madam Speaker, the House will be voting later to 
make sure a military sole survivor is allowed every benefit as if they 
had stayed in the military for their entire service.
  A military sole survivor is a courageous member of our armed services 
who is pulled out of service because all of their siblings have died 
while also serving our country. Military sole survivors deserve the 
full benefits as if they had served and stayed their complete tour of 
duty. We're paying for this important benefit by repealing the limit 
placed on funeral trusts.
  As a funeral director and a Congressman, I come to the floor today to 
talk about how important qualified funeral trusts are for the American 
people. The cost of a funeral in the United States is rapidly 
increasing. That's why, several years ago, qualified funeral trust 
plans were created within the tax code to allow people to plan and 
prepay for their funeral costs, lifting the financial burden from the 
families after their death.
  Current law limits a funeral trust to $9,000. This is often no longer 
sufficient to cover the family's funeral expenses. With this 
contribution limit, even those who preplan their own funerals often 
leave their family with substantial debt. I know how families hurt 
during these times, I've seen it every day. The last thing they need to 
worry about is making sure that they have enough to cover their 
arrangements. This bill eliminates that limitation and even creates an 
income stream for the American taxpayer. That's a win-win situation. 
Complying with PAYGO, helping our soldiers, and allowing families to 
plan ahead, all are getting a win today.
  I urge my colleagues to vote in favor of this important bill.
  Mr. NUNES. Madam Speaker, I continue to reserve my time.
  Mr. KIND. Madam Speaker, at this time, I yield such time as he may 
consume to an original cosponsor with Mr. Nunes and Mr. Cardoza of the 
Hubbard Act, our good friend and colleague from California, Jim Costa.
  Mr. COSTA. I want to thank Congressman Kind for his hard work in this 
very important legislation.
  I rise tonight in strong support of H.R. 6580, the Hubbard Act, named 
after Jason and his brother Nathan Hubbard, to fix a flaw that exists, 
as Congressman Nunes so well stated, in the Department of Defense's 
sole survivor policy that really originated from the Sullivan Act that 
was referenced during World War II when the Sullivan family lost all of 
their sons in a naval combat action during World War II.
  Right now, the Department of Defense allows a remaining son or 
daughter serving in the military to be removed from combat or to accept 
an honorable discharge. However, as we found with the circumstances 
facing the Hubbard family, military benefits like signing bonuses or 
access to the GI Bill can be taken away. This is not right. Jason 
Hubbard of Clovis, California was put in this situation after 
tragically losing both of his brothers. This legislation would allow a 
member who voluntarily separates honorably, under the sole survivor 
aspect of the law, to qualify for programs like the GI benefit, to be 
allowed the use of the commissary and base exchange, and entitled to 
benefits of the veteran home loan and other entitlements that our 
veterans who serve their country so honorably deserve. It was tragic to 
find that after the circumstance, that there was a request that he 
return his signing bonus benefit, but Congressman Nunes stepped in and, 
with the Secretary of the Army, changed that.
  The legislation that we are about to pass here reflects veterans 
throughout our country. Our Central Valley, the San Joaquin Valley in 
California, has a proud history of men and women who have worn the 
uniform and defended our country in a troubled world, both in the 20th 
century and the 19th century, and of course today in the conflict in 
the Middle East, in the war in Iraq and Afghanistan.
  The Hubbard brothers now are a part of this honorable military 
history that all our veterans share in, and like the Sullivan brothers, 
are being recognized for their service.
  This bill is fully paid for, and therefore PAYGO compliant. I want to 
thank Chairman Rangel for his willingness to make this extra effort. In 
multiple conversations that many of us had with the chairman, he 
understood clearly, as a fellow veteran, the importance of this 
legislation. Congressman Kind also showed leadership in his efforts. 
And of course as Congressman Nunes noted, without Senator Feinstein and 
Senator Chambliss' help, we would not have gotten the measure out 
through the Senate.
  Finally, my good friend, Congressman Devin Nunes, has been tenacious 
on this piece of legislation, representing his constituents and the 
Hubbard family, but more importantly, all veterans throughout the 
United States. The passion and the leadership which Congressman Nunes 
demonstrated on this bill is reflective of his passion for his 
constituency and for our country.
  So I want to thank Congressman Nunes for his hard work on behalf of 
the Hubbard family, Nathan and Jarrett, who made the ultimate sacrifice 
for our country, to their family and to their brother Jason, who we 
have named this legislation on behalf of.
  Mr. NUNES. Madam Speaker, I just want to thank Mr. Costa for his kind 
words.
  And really, this is a piece of legislation that we hope will move as 
quickly as possible to the Senate floor so that the President can sign 
this bill into law. As has been outlined by all the speakers tonight, 
this is a sad moment, but it's really a wrong that needs to be made 
right. And I'm proud tonight that we will pass this, hopefully 
unanimously, by this Congress.
  Madam Speaker, I yield back the balance of my time.
  Mr. KIND. Madam Speaker, the Hubbard Act does recognize and correct a 
grave injustice and an anomaly in how sole survivors in our military 
are treated in regards to the eligibility of our veterans benefits. And 
I want to also commend Representative Nunes for recognizing this 
injustice and for his perseverance in gathering support, educating his 
colleagues here in Congress, and making passage of this legislation 
possible.
  I also want to commend the delegation of the Central Valley and the 
effort and engagement that they've shown on such an important issue. I 
want to encourage my colleagues to support the Hubbard Act of 2008.
  Mr. McCRERY. Madam Speaker, I rise in support of H.R. 6580 and 
commend my colleague from California, Mr. Nunes, for his tireless 
efforts to secure passage of this important legislation addressing the 
concerns of ``sole survivors'' such as his constituent, Jason Hubbard. 
I also wish to thank the Chairman of the Ways and Means Committee, 
whose support was critical to consideration of this bill.

[[Page H7280]]

  The ``sole-survivor'' policy of the Armed Forces was designed with 
the best of intentions but has yielded some unfortunate, unintended 
consequences. Currently, there are no standard benefits available to 
those who separate from the Armed Forces under this policy, whether or 
not their service obligation is completed.
  This legislation puts the House firmly on record that sole survivors 
should qualify for a standard set of Federal benefits that are 
generally available to other veterans, including education benefits, 
transitional healthcare, and the ability to keep any enlistment bonus 
paid to them. Given the exigencies of the situation, the retroactive 
action being taken here today to protect sole survivors who have been 
honorably discharged from the military since September 11, 2001 is the 
right thing to do.
  Let me take a moment to comment on the bill's other provision, 
Section 9 of today's legislation, which would repeal the dollar 
limitations on contributions to funeral trusts. This revenue provision, 
authored by the gentleman from Wisconsin, Mr. Kind, has been included 
to offset the additional spending associated with the bill's sole 
survivor provisions.
  As my colleagues know, I have complained often during the 110th 
Congress that the Committee on Ways and Means has been used repeatedly 
as a piggy-bank by other panels looking to offset the cost of new 
spending proposals. I certainly would have preferred to have the sole 
survivor provisions in today's legislation funded by suitable spending 
reductions identified by the committees of jurisdiction, rather than by 
a revenue enhancement.
  But that option, having been fully explored, was not available to us 
on this bill. Under the circumstances, the path chosen today by the 
Majority is an appropriate one for several reasons.
  First, given the urgency of acting on this legislation, we do not 
have time to wait. We understand that some of these sole survivors have 
had recent paychecks withheld or have recently received bills from the 
military demanding repayment of their enlistment bonuses. Families like 
the Hubbards are facing pressing financial deadlines, and we do not 
have the luxury of waiting to address this issue on their behalf.
  Second, unlike numerous other examples from the 110th Congress, the 
higher revenues derived from this funeral trust provision are not being 
used to substantially expand eligibility for an entitlement program to 
classes of people for whom it was not originally intended, or to 
provide existing enrollees new benefits not already in law. Instead, 
this bill uses the small amount of revenue raised to correct a narrow, 
but serious, flaw in current law. That is an important difference.
  Third, I would note that this provision is fully voluntary--it would 
only affect those Americans who voluntarily opt to make larger 
contributions to a pre-paid funeral trust.
  Finally, unlike prior revenue raisers proposed by the Majority that 
would impose unwelcome tax increases on unsuspecting Americans, this 
particular revenue offset is actually strongly supported by those who 
would pay the additional tax. In other cases where the Majority has 
sought higher revenues to pay for new spending, our friends across the 
aisle have typically targeted either politically disfavored taxpayers, 
such as smokers or ``the rich,'' or groups, such as late-filing 
taxpayers, who would almost certainly be unaware of the tax increase 
until they had to write a bigger check to Uncle Sam. By contrast, the 
tax provision here is the rare bird in Washington: a proposed revenue 
enhancement that has generated no discernible opposition and that has 
actually been endorsed by the leading industry group representing 
affected taxpayers,The National Funeral Directors Association.
  As I noted, I generally would prefer that we not use the tax code to 
raise revenue to pay for higher spending. But this legislation presents 
unique facts and circumstances that justify the action being taken 
today, and I hope my colleagues in the other body will act quickly to 
get this important bill to the President's desk.
  Mr. KIND. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Kind) that the House suspend the rules 
and pass the bill, H.R. 6580.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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