[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8487-H8491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' BENEFITS ENHANCEMENT ACT OF 2008

  Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1315) to amend title 38, United States Code, to enhance 
life insurance benefits for disabled veterans, and for other purposes, 
as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 1315

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Benefits Enhancement Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.

                       TITLE I--INSURANCE MATTERS

Sec. 101. Administrative costs of service disabled veterans' insurance.
Sec. 102. Modification of Servicemembers' Group Life Insurance 
              coverage.
Sec. 103. Designation of fiduciary for traumatic injury protection 
              coverage under Servicemembers' Group Life Insurance in 
              case of lost mental capacity or extended loss of 
              consciousness.

                       TITLE II--HOUSING MATTERS

Sec. 201. Home improvements and structural alterations for totally 
              disabled members of the Armed Forces before discharge or 
              release from the Armed Forces.

                 TITLE III--LABOR AND EDUCATION MATTERS

Sec. 301. Coordination of approval activities in the administration of 
              education benefits.
Sec. 302. Waiver of residency requirement for Directors for Veterans' 
              Employment and Training.
Sec. 303. Modification of special unemployment study to cover veterans 
              of Post 9/11 Global Operations.

                        TITLE IV--COURT MATTERS

Sec. 401. Recall of retired judges of the United States Court of 
              Appeals for Veterans Claims.
Sec. 402. Additional discretion in imposition of practice and 
              registration fees.
Sec. 403. Annual reports on workload of United States Court of Appeals 
              for Veterans Claims.
Sec. 404. Report on expansion of facilities for United States Court of 
              Appeals for Veterans Claims.

                         TITLE V--OTHER MATTERS

Sec. 501. Clarification of purpose of the outreach services program of 
              the Department of Veterans Affairs.
Sec. 502. Termination or suspension of contracts for cellular telephone 
              service for servicemembers undergoing deployment outside 
              the United States.
Sec. 503. Maintenance, management, and availability for research of 
              assets of Air Force Health Study.
Sec. 504. National Academies study on risk of developing multiple 
              sclerosis as a result of certain service in the Persian 
              Gulf War and Post 9/11 Global Operations theaters.
Sec. 505. Comptroller General report on adequacy of dependency and 
              indemnity compensation to maintain survivors of veterans 
              who die from service-connected disabilities.

     SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.

                       TITLE I--INSURANCE MATTERS

     SEC. 101. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS' 
                   INSURANCE.

       Section 1922(a) is amended by striking ``directly from such 
     fund'' and inserting ``directly from such fund; and (5) 
     administrative costs to the Government for the costs of the 
     program of insurance under this section shall be paid from 
     premiums credited to the fund under paragraph (4), and 
     payments for claims against the fund under paragraph (4) for 
     amounts in excess of amounts credited to such fund under that 
     paragraph (after such administrative costs have been paid) 
     shall be paid from appropriations to the fund''.

     SEC. 102. MODIFICATION OF SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE COVERAGE.

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

     SEC. 103. DESIGNATION OF FIDUCIARY FOR TRAUMATIC INJURY 
                   PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP 
                   LIFE INSURANCE IN CASE OF LOST MENTAL CAPACITY 
                   OR EXTENDED LOSS OF CONSCIOUSNESS.

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

                       TITLE II--HOUSING MATTERS

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

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

                 TITLE III--LABOR AND EDUCATION MATTERS

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

       (a) Coordination.--
       (1) In general.--Section 3673 is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Coordination of Activities.--The Secretary shall take 
     appropriate actions to

[[Page H8488]]

     ensure the coordination of approval activities performed by 
     State approving agencies under this chapter and chapters 34 
     and 35 of this title and approval activities performed by the 
     Department of Labor, the Department of Education, and other 
     entities in order to reduce overlap and improve efficiency in 
     the performance of such activities.''.
       (2) Conforming and clerical amendments.--
       (A) Heading.--The heading of such section is amended to 
     read as follows:

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

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

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

     SEC. 302. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR 
                   VETERANS' EMPLOYMENT AND TRAINING.

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

     SEC. 303. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER 
                   VETERANS OF POST 9/11 GLOBAL OPERATIONS.

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

                        TITLE IV--COURT MATTERS

     SEC. 401. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT 
                   OF APPEALS FOR VETERANS CLAIMS.

       (a) Repeal of Limit on Service of Recalled Retired Judges 
     Who Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) 
     is amended by striking ``or for more than a total of 180 days 
     (or the equivalent) during any calendar year''.
       (b) New Judges Recalled After Retirement Receive Pay of 
     Current Judges Only During Period of Recall.--
       (1) In general.--Section 7296(c) is amended by striking 
     paragraph (1) and inserting the following new paragraph:
       ``(1)(A) A judge who is appointed on or after the date of 
     the enactment of the Veterans' Benefits Enhancement Act of 
     2008 and who retires under subsection (b) and elects under 
     subsection (d) to receive retired pay under this subsection 
     shall (except as provided in paragraph (2)) receive retired 
     pay as follows:
       ``(i) In the case of a judge who is a recall-eligible 
     retired judge under section 7257 of this title, the retired 
     pay of the judge shall (subject to section 7257(d)(2) of this 
     title) be the rate of pay applicable to that judge at the 
     time of retirement, as adjusted from time to time under 
     subsection (f)(3).
       ``(ii) In the case of a judge other than a recall-eligible 
     retired judge, the retired pay of the judge shall be the rate 
     of pay applicable to that judge at the time of retirement.
       ``(B) A judge who retired before the date of the enactment 
     of the Veterans' Benefits Enhancement Act of 2008 and elected 
     under subsection (d) to receive retired pay under this 
     subsection, or a judge who retires under subsection (b) and 
     elects under subsection (d) to receive retired pay under this 
     subsection, shall (except as provided in paragraph (2)) 
     receive retired pay as follows:
       ``(i) In the case of a judge who is a recall-eligible 
     retired judge under section 7257 of this title or who was a 
     recall-eligible retired judge under that section and was 
     removed from recall status under subsection (b)(4) of that 
     section by reason of disability, the retired pay of the judge 
     shall be the pay of a judge of the court.
       ``(ii) In the case of a judge who at the time of retirement 
     did not provide notice under section 7257 of this title of 
     availability for service in a recalled status, the retired 
     pay of the judge shall be the rate of pay applicable to that 
     judge at the time of retirement.
       ``(iii) In the case of a judge who was a recall-eligible 
     retired judge under section 7257 of this title and was 
     removed from recall status under subsection (b)(3) of that 
     section, the retired pay of the judge shall be the pay of the 
     judge at the time of the removal from recall status.''.
       (2) Cost-of-living adjustment for retired pay of new judges 
     who are recall-eligible.--Section 7296(f)(3)(A) is amended by 
     striking ``paragraph (2) of subsection (c)'' and inserting 
     ``paragraph (1)(A)(i) or (2) of subsection (c)''.
       (3) Pay during period of recall.--Subsection (d) of section 
     7257 is amended to read as follows:
       ``(d)(1) The pay of a recall-eligible retired judge to whom 
     section 7296(c)(1)(B) of this title applies is the pay 
     specified in that section.
       ``(2) A judge who is recalled under this section who 
     retired under chapter 83 or 84 of title 5 or to whom section 
     7296(c)(1)(A) of this title applies shall be paid, during the 
     period for which the judge serves in recall status, pay at 
     the rate of pay in effect under section 7253(e) of this title 
     for a judge performing active service, less the amount of the 
     judge's annuity under the applicable provisions of chapter 83 
     or 84 of title 5 or the judge's annuity under section 
     7296(c)(1)(A) of this title, whichever is applicable.''.
       (4) Notice.--The last sentence of section 7257(a)(1) is 
     amended to read as follows: ``Such a notice provided by a 
     retired judge to whom section 7296(c)(1)(B) of this title 
     applies is irrevocable.''.
       (c) Limitation on Involuntary Recalls.--Section 7257(b)(3) 
     is amended by adding at the end the following new sentence: 
     ``This paragraph shall not apply to a judge to whom section 
     7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who 
     has, in the aggregate, served at least five years of recalled 
     service on the Court under this section.''.

     SEC. 402. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND 
                   REGISTRATION FEES.

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

     SEC. 403. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT 
                   OF APPEALS FOR VETERANS CLAIMS.

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

     ``Sec. 7288. Annual report

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

``7288. Annual report.''.

[[Page H8489]]

     SEC. 404. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

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

                         TITLE V--OTHER MATTERS

     SEC. 501. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES 
                   PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

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

     SEC. 502. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR 
                   TELEPHONE SERVICE FOR SERVICEMEMBERS UNDERGOING 
                   DEPLOYMENT OUTSIDE THE UNITED STATES.

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

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

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

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

     SEC. 503. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR 
                   RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.

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

     SEC. 504. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING 
                   MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN 
                   SERVICE IN THE PERSIAN GULF WAR AND POST 9/11 
                   GLOBAL OPERATIONS THEATERS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     enter into a contract with the Institute of Medicine of the 
     National Academies to conduct a comprehensive epidemiological 
     study for purposes of identifying any increased risk of 
     developing multiple sclerosis as a result of service in the 
     Armed Forces during the Persian Gulf War

[[Page H8490]]

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

     SEC. 505. COMPTROLLER GENERAL REPORT ON ADEQUACY OF 
                   DEPENDENCY AND INDEMNITY COMPENSATION TO 
                   MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM 
                   SERVICE-CONNECTED DISABILITIES.

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

                              {time}  1245

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Florida (Mr. Stearns) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
  I forgot to say on the last bill that my colleagues from California, 
Mr. Rohrabacher and Mr. Issa, are strongly supportive of it, and will 
participate, I'm sure, in helping us get the required votes to pass 
this bill.
  S. 1315, I first want to point out, is amended. It was and is still a 
comprehensive bill that will help millions of our veterans, including 
recently wounded and transitioning OIF/OEF veterans.
  What we have done to amend it is to move this from a mandatory 
spending bill to a discretionary spending bill by removing all of the 
mandatory provisions and also the PAYGO provisions that have caused so 
much controversy. So now we have a bill that will continue this 
Congress' unprecedented record of putting our veterans first and making 
them a top priority.
  This bill would potentially provide extensive benefits to all of our 
Nation's veterans in the areas of insurance, disability compensation, 
education, pension, housing, and other critical VA benefits. The bill 
would only invoke discretionary spending and would not require an 
offset under the PAYGO rules adopted by this Congress.
  This bill would ensure that permanently disabled servicemembers who 
are hospitalized and receiving medical care and treatment can receive 
structural alterations to their homes before they come home. I think 
this is a provision that Mr. Stearns mentioned as one of the high 
priority items in his previous list.
  It also would ensure that so-called State approving agencies, and the 
Departments of Labor and Education and other Federal agencies 
collaborate to improve the efficiency of education benefits for our 
servicemembers and veterans, as well as establish outcome-oriented 
performance standards for the administration of our new GI bill 
benefits.
  It would better enable Congress to provide adequate oversight of the 
Court of Appeals for Veterans Claims, while allowing this highly 
specialized court to maintain its discretion to administer fair justice 
for our veterans filing appeals of VA decisions.
  I want to state again, for the Record, that this bill does not 
require any mandatory spending, and veterans may stand to benefit if it 
is passed and ultimately enacted. I hope people will take a look at the 
new bill and see it as a comprehensive veterans bill that will help 
veterans in all of our districts. I urge my colleagues to give this 
bill support.
  I reserve the balance of my time.
  Mr. STEARNS. Madam Speaker, I request as much time as I may consume.
  I rise in support of this bill, S. 1315, as amended, the Veterans 
Benefit Enhancement Act of 2008. It's a modest bill. But it would 
enhance veterans insurance and housing benefits and improve benefits 
and services for transitioning for servicemembers.
  The manager's amendment to this bill would remove the language in the 
original Senate-passed bill that would have overturned a decision made 
by the United States Court of Appeals for veterans claims in the case 
of Hartness v. Nicholson, that held VA must pay a special monthly 
pension benefit to severely disabled, elderly, homebound and poor 
wartime veterans pursuant to a law enacted in 2001. I'm pleased that 
this detrimental provision that would have impacted our most vulnerable 
veterans, has simply been removed from this bill. That's good.
  The manager's amendment also removes all mandatory spending 
provisions in the Senate-passed bill that would have utilized the 
funding that would have been available if the disabled veterans no 
longer were to receive their special monthly pensions.
  Now, what remains is a bill that is a compilation of numerous veteran 
benefit provisions. Among these, I'd like to highlight just a few that 
will benefit our servicemembers and our veterans.
  This bill would ensure that severely disabled servicemembers can 
receive structural alterations to their homes prior to discharge from 
active duty. Right now, even if they know they are going to be 
discharged, they must wait until discharge to receive this very 
necessary housing benefit.
  This bill would expand SGLI to include certain members of the 
Individual Ready Reserve for the first

[[Page H8491]]

time. It would allow the termination or suspension of cellular 
telephone contracts upon the request of servicemembers undergoing 
deployment outside the United States. That is good.
  And finally, Madam Speaker, the legislation would improve the 
administration of veterans' education and employment programs and of 
the U.S. Court of Appeals for Veterans Claims.
  Madam Speaker, passage of this manager's amendment will provide 
improved benefits to our Nation's veterans. These heroes have 
sacrificed so much for our Nation's, freedom and we must ensure that 
their needs are met.
  So I urge my colleagues to support the bill as amended.
  I yield back the balance of my time.


                             General Leave

  Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 1315, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today to express my 
gratitude to all the men and women who have served and are currently 
serving in our Armed Forces. It is there courage and sacrifice that has 
paved for the rights and freedoms we enjoy.
  Since September 2001, more than 1,700,000 members of the Armed Forces 
have been deployed to Iraq and Afghanistan, and nearly 611,000 have 
been deployed more than once. Many of our men and women in the armed 
forces have given the ultimate sacrifice to secure the freedoms of 
others. As of May 3, 2008 over 4,500 died and over 32,000 wounded while 
deployed in support of Operation Iraqi Freedom and Operation Enduring 
Freedom (Afghanistan).
  The members of our Armed Forces and their families deserve all the 
medical, financial, education, and moral support that our Nation can 
provide. The resolution we considered today provides an opportunity for 
each of us, regardless of political views, religion, ethnicity, gender, 
or background to come together, and to recognize and honor our nation's 
heroes and those that support them and their families.
  Though we may be divided by our positions on the war in Iraq, we 
stand together to support our veterans. Our nation has a proud legacy 
of appreciation and commitment to the men and women who have worn the 
uniform in defense of this country. We must be united in seeing that 
every soldier, sailor, airman, and marine is welcomed back with all the 
care and compassion this grateful nation can bestow.
  All too many of our veterans are left without the help and support 
they need to transition from the horrors they bravely face on the front 
lines of battle to successful civilian life. According to the Veteran's 
Affairs Department, as of 2006, on any given night, 196,000 veterans of 
all ages were homeless.
  The V.A. also reports 400 veterans of the wars in Iraq and 
Afghanistan alone have already become homeless, and this figure only 
takes into account those who have sought services from V.A.-sponsored 
programs. Experts have predicted that the trauma resulting from the 
extreme horrors of these modern wars could lead to a surge in homeless 
veterans in the coming years.
  Though I have opposed the war in Iraq from its inception, I remain 
absolutely committed to ensuring that we recognize, celebrate, and 
honor the service of our sons and daughters in and returning from, Iraq 
and Afghanistan.
  I am proud to support S. 1315 by my colleague in the Senate, Senator 
Akaka. I firmly believe that we should celebrate and support our armed 
forces and their families, and I remain committed, as a Member of 
Congress, to both meeting the needs of veterans of previous wars, and 
to provide a fitting welcome home to those who are now serving. Current 
serving military personnel and veterans have kept their promise to 
serve our nation; they have willingly risked their lives to protect the 
country we all love. We must now ensure that we keep our promises to 
them.


                                S. 1315

  The Veteran's Benefits Enhancement Act of 2007 will assist with: life 
insurance issues, housing matters; better coordination and more money 
for educational work recognition of the contribution of Filipino World 
War II Veterans, assists retired judges of the U.S. Court of Appeals 
for Veterans Claims Court, adds osteoporosis to the list of diseases 
presumed to be service-oriented and therefore compensable with respect 
to former Prisoners of War (POWs), authorizes supplemental benefits for 
burial and funeral expenses of veterans, provides for specially adapted 
housing assistance for disabled veterans whose disability due to severe 
burn injury, assistance in the purchases of automobiles for disabled 
veterans, authorizes the Institute of Medicine of the National 
Academies to maintain and manage the assets (including electronic data 
files and biological specimens of study participants) transferred to 
the Agency from the Air Force Health Study. Also, for them to conduct 
additional research toward the goal of understanding the determinants 
of health, and promoting wellness, in veterans. Requires an Agency 
report to Congress assessing the feasibility and advisability of 
conducting additional research on such assets after the end of FY2012, 
and provides funding for the Secretary of Veteran's Affairs to contract 
with the Institute, to conduct a comprehensive epidemiological study to 
identify any increased risk of developing multiple sclerosis as a 
result of service in the Persian Gulf or in the Post 9/11 global 
operations theaters; and (2) an interim and final results report from 
the Institute to the Secretary and the veterans' committees.
  Currently, there are over 25 million veterans in the United States. 
There are more than 1,633,000 veterans living in Texas and more than 
32,000 veterans living in my Congressional district alone. I hope we 
will all take the time to show appreciation to those who have answered 
the call to duty. As the Winston Churchill famously stated, ``Never in 
the field of human conflict was so much owed by so many to so few.''
  Madam Speaker, I encourage my colleagues to join me in supporting our 
troops, their families, and those groups that are working to support 
them.
  Mr. FILNER. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the Senate bill, S. 1315, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________