[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 6502-6505]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4559. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 78, after line 4, add the following:

     SEC. 808. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF 
                   OUTREACH OF ACTIVITIES DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Chapter 5 is amended by adding at the end 
     the following new subchapter:

                       ``SUBCHAPTER IV--OUTREACH

     ``Sec. 561. Outreach activities: funding

       ``(a) Separate Account for Outreach Activities.--The 
     Secretary shall establish a separate account for the funding 
     of the outreach activities of the Department, and shall 
     establish within such account a separate subaccount for the 
     funding of the outreach activities of each element of the 
     Department specified in subsection (c).
       ``(b) Budget Requirements.--In the budget justification 
     materials submitted to Congress in support of the Department 
     budget for any fiscal year (as submitted with the budget of 
     the President under section 1105(a) of title 31), the 
     Secretary shall include a separate statement of the amount 
     requested for such fiscal year for activities as follows:
       ``(1) For outreach activities of the Department in 
     aggregate.
       ``(2) For outreach activities of each element of the 
     Department specified in subsection (c).
       ``(c) Covered Elements.--The elements of the Department 
     specified in this subsection are as follows:
       ``(1) The Veterans Health Administration.
       ``(2) The Veterans Benefits Administration.
       ``(3) The National Cemetery Administration.

     ``Sec. 562. Outreach activities: coordination of activities 
       within Department

       ``(a) Procedures for Effective Coordination.--The Secretary 
     shall establish and maintain procedures for ensuring the 
     effective coordination of the outreach activities of the 
     Department between and among the following:
       ``(1) The Office of the Secretary.
       ``(2) The Office of Public Affairs.
       ``(3) The Veterans Health Administration.
       ``(4) The Veterans Benefits Administration.
       ``(5) The National Cemetery Administration.
       ``(b) Review and Modification.--The Secretary shall--
       ``(1) periodically review the procedures maintained under 
     subsection (a) for the purpose of ensuring that such 
     procedures meet the requirement in that subsection; and
       ``(2) make such modifications to such procedures as the 
     Secretary considers appropriate in light of such review in 
     order to better achieve that purpose.

     ``Sec. 563. Outreach activities: cooperative activities with 
       States; grants to States for improvement of outreach

       ``(a) Purpose.--It is the purpose of this section to assist 
     States in carrying out programs that offer a high probability 
     of improving outreach and assistance to veterans, and to the 
     spouses, children, and parents of veterans who may be 
     eligible to receive veterans' or veterans'-related benefits, 
     to ensure that such individuals are fully informed about, and 
     assisted in applying for, any veterans' and veterans'-related 
     benefits and programs (including under State veterans' 
     programs).
       ``(b) Location of Provision of Outreach.--The Secretary 
     shall ensure that outreach and assistance is provided under 
     programs referred to in subsection (a) in locations proximate 
     to populations of veterans and other individuals referred to 
     in that subsection, as determined utilizing criteria for 
     determining the proximity of such populations to veterans 
     health care services.
       ``(c) Cooperative Agreements With States.--The Secretary 
     may enter into cooperative agreements and arrangements with 
     veterans agencies of the States in order to carry out, 
     coordinate, improve, or otherwise enhance outreach by the 
     Department and the States (including outreach with respect to 
     State veterans' programs).
       ``(d) Grants.--(1) The Secretary may award grants to 
     veterans agencies of States in order to achieve purposes as 
     follows:
       ``(A) To carry out, coordinate, improve, or otherwise 
     enhance outreach, including activities pursuant to 
     cooperative agreements and arrangements under subsection (c).
       ``(B) To carry out, coordinate, improve, or otherwise 
     enhance activities to assist in the development and submittal 
     of claims for veterans' and veterans'-related benefits, 
     including activities pursuant to cooperative agreements and 
     arrangements under subsection (c).
       ``(2) A veterans agency of a State receiving a grant under 
     this subsection--
       ``(A) may, except as provided in subparagraph (B)--
       ``(i) use the grant amount for purposes described in 
     paragraph (1); and
       ``(ii) award all or any portion of such grant amount to 
     nonprofit organizations of such State, for such purposes; and
       ``(B) if such State has a county or local government with a 
     veterans agency, shall award all or any portion of such grant 
     amount to not less than one veterans agency of a county or 
     local government of such State, for such purposes.

[[Page 6503]]

       ``(e) Funding.--Amounts available for the Department for 
     outreach in the account under section 561 of this title shall 
     be available for activities under this section, including 
     grants under subsection (d).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 is amended by adding at the end the 
     following new items:

                        ``subchapter iv--outreach

       ``561. Outreach activities: funding.
       ``562. Outreach activities: coordination of activities 
           within Department.
       ``563. Outreach activities: cooperative activities with 
           States; grants to States for improvement of 
           outreach.''.
                                 ______
                                 
  SA 4560. Mr. BAUCUS (for himself, Mr. Tester, and Mr. Lugar) 
submitted an amendment intended to be proposed by him to the bill S. 
1315, to amend title 38, United States Code, to enhance life insurance 
benefits for disabled veterans, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 604. REPORTS ON PROGRESS OF THE SECRETARY OF VETERANS 
                   AFFAIRS IN ADDRESSING CAUSES FOR VARIANCES IN 
                   COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-
                   CONNECTED DISABILITIES.

       (a) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, and every year thereafter 
     through 2012, the Secretary of Veterans Affairs shall submit 
     to the congressional veterans affairs committees a report 
     describing the progress of the Secretary in addressing the 
     causes of variances in compensation payments for veterans for 
     service-connected disabilities.
       (b) Elements.--Each report under subsection (a) shall 
     include the following:
       (1) A description of the efforts of the Veterans Benefits 
     Administration to coordinate with the Veterans Health 
     Administration to improve the quality of examinations of 
     veterans with service-connected disabilities that are 
     performed by the Veterans Health Administration and contract 
     clinicians, including efforts relating to the use of approved 
     templates for such examinations and of reports on such 
     examinations that are based on such templates prepared in an 
     easily-readable format.
       (2) An assessment of the current personnel requirements of 
     the Veterans Benefits Administration, including an assessment 
     of the adequacy of the number of personnel assigned to each 
     regional office of the Administration for each type of claim 
     adjudication position.
       (3) A description of the differences, if any, in current 
     patterns of submittal rate of claims to the Secretary of 
     Veterans Affairs regarding service-connected disabilities 
     among various populations of veterans, including veterans 
     living in rural and highly rural areas, minority veterans, 
     veterans who served in the National Guard or Reserve, and 
     veterans who are retired from the Armed Forces military 
     retirees, and a description and assessment of efforts 
     undertaken to eliminate such differences.
       (c) Definitions.--In this section:
       (1) The term ``congressional veterans affairs committees'' 
     means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) Highly rural.--The term ``highly rural'', in the case 
     of an area, means that the area consists of a county or 
     counties having a population of less than seven persons per 
     square mile.
                                 ______
                                 
  SA 4561. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 703. PLOT ALLOWANCE FOR SPOUSES AND CHILDREN OF CERTAIN 
                   VETERANS WHO ARE BURIED IN STATE CEMETERIES.

       (a) Plot Allowance.--Section 2303 is amended by adding at 
     the end the following new subsection:
       ``(c)(1) In the case of an individual described in 
     paragraph (2) who is buried in a cemetery that is owned by a 
     State or by an agency or political subdivision of a State, 
     the Secretary shall pay to such State, agency, or political 
     subdivision the sum of $300 as a plot or interment allowance 
     for such individual.
       ``(2) An individual described in this paragraph is a 
     spouse, surviving spouse (which for purposes of this chapter 
     includes a surviving spouse who had a subsequent remarriage), 
     minor child (which for purposes of this chapter includes a 
     child under 21 years of age, or under 23 years of age if 
     pursuing a course of instruction at an approved educational 
     institution), or, in the discretion of the Secretary, 
     unmarried adult child of any of person described in paragraph 
     (1), (2), (3), (4), or (7) of section 2402 of this title.''.
       (b) Effective Date.--Subsection (c) of section 2303 of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to an individual who dies on or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 4562. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 604. PAYMENT OF AMOUNTS OF ROUND DOWN OF RATES OF 
                   DISABILITY COMPENSATION AND DEPENDENCY AND 
                   INDEMNITY COMPENSATION ROUNDED DOWN DURING 
                   COST-OF-LIVING ADJUSTMENTS BY THE SECRETARY OF 
                   VETERANS AFFAIRS.

       (a) Payment of Amounts of Round Down.--In any month in 
     which a rate of disability compensation or dependency and 
     indemnity compensation specified in subsection (b) that is 
     payable to an individual under the laws administered by the 
     Secretary of Veterans Affairs is rounded down to the next 
     lower whole dollar amount by reason of an Act requiring such 
     a rounding down in the course of a cost-of-living adjustment 
     to such rate by the Secretary authorized by such Act, the 
     individual shall be paid for such month an additional amount 
     equal to the rounded down amount of such rate.
       (b) Covered Rates of Compensation.--The rates of 
     compensation specified in this subsection are the rates of 
     compensation and other allowances as follows:
       (1) Compensation.--Each of the dollar amounts in effect 
     under section 1114 of title 38, United States Code.
       (2) Additional compensation for dependents.--Each of the 
     dollar amounts in effect under section 1115(1) of such title.
       (3) Clothing allowance.--The dollar amount in effect under 
     section 1162 of such title.
       (4) New dic rates.--The dollar amounts in effect under 
     paragraphs (1) and (2) of section 1311(a) of such title.
       (5) Old dic rates.--Each of the dollar amounts in effect 
     under section 1311(a)(3) of such title.
       (6) Additional dic for disability.--The dollar mounts in 
     effect under section 1311(c) and 1311(d) of such title.
       (7) DIC for dependent children.--The dollar amounts in 
     effect under section 1313(a) and 1314 of such title.
       (c) Treatment as Compensation.--Any amount paid an 
     individual under subsection (a) shall be treated as 
     disability compensation or dependency and indemnity 
     compensation, as applicable, for all purposes.
                                 ______
                                 
  SA 4563. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 802 and insert the following:

     SEC. 802. AUTOMOBILE ASSISTANCE ALLOWANCE.

       (a) Increase in Amount of Allowance.--Subsection (a) of 
     section 3902 is amended by striking ``$11,000'' and inserting 
     ``$22,500 (as adjusted from time to time under subsection 
     (e))''.
       (b) Annual Adjustment.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(e)(1) Effective on October 1 of each year (beginning in 
     2009), the Secretary shall increase the dollar amount in 
     effect under subsection (a) to an amount equal to 80 percent 
     of the average retail cost of new automobiles for the 
     preceding calendar year.
       ``(2) The Secretary shall establish the method for 
     determining the average retail cost of new automobiles for 
     purposes of this subsection. The Secretary may use data 
     developed in the private sector if the Secretary determines 
     the data is appropriate for purposes of this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.
                                 ______
                                 
  SA 4564. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 205 and insert the following:

     SEC. 205. INCREASE IN SPECIALLY ADAPTED HOUSING BENEFITS FOR 
                   DISABLED VETERANS.

       Section 2102 is amended--
       (1) in subsection (b)(2), by striking ``$10,000'' and 
     inserting ``$12,000'';
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$60,000''; and
       (B) in paragraph (2), by striking ``$10,000'' and inserting 
     ``$12,000''; and
       (3) by adding at the end the following new subsection:
       ``(e)(1) Effective on October 1 of each year (beginning in 
     2009), the Secretary shall increase the amounts described in 
     subsection

[[Page 6504]]

     (b)(2) and paragraphs (1) and (2) of subsection (d) in 
     accordance with this subsection.
       ``(2) The increase in amounts under paragraph (1) to take 
     effect on October 1 of a year shall be by an amount of such 
     amounts equal to the percentage by which--
       ``(A) the residential home cost-of-construction index for 
     the preceding calendar year, exceeds
       ``(B) the residential home cost-of-construction index for 
     the year preceding the year described in subparagraph (A).
       ``(3) The Secretary shall establish a residential home 
     cost-of-construction index for the purposes of this 
     subsection. The index shall reflect a uniform, national 
     average change in the cost of residential home construction, 
     determined on a calendar year basis. The Secretary may use an 
     index developed in the private sector that the Secretary 
     determines is appropriate for purposes of this subsection.''.
                                 ______
                                 
  SA 4565. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 701 and insert the following:

     SEC. 701. FUNERAL AND BURIAL EXPENSES.

       (a) Deaths From Service-Connected Disability.--Section 2307 
     is amended--
       (1) by inserting ``(a) Funeral and Burial Expenses.--'' 
     before ``In any case'';
       (2) in paragraph (1) of subsection (a), as designated by 
     paragraph (1) of this subsection, by striking ``$2,000'' and 
     inserting ``$4,100 (as adjusted from time to time under 
     subsection (b))''; and
       (3) by adding at the end the following new subsection:
       ``(b) Cost-of-Living Adjustment.--With respect to any 
     fiscal year, the Secretary shall provide a percentage 
     increase (rounded to the nearest dollar) in the amount of 
     benefits payable under subsection (a)(1) equal to the 
     percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act, and 
     shall apply with respect to deaths occurring on or after that 
     date.
       (2) No cola adjustment for fiscal year 2009.--The 
     percentage increase required by subsection (b) of section 
     2307 of title 38, United States Code (as added by subsection 
     (a) of this section), for fiscal year 2009 shall not be made.
                                 ______
                                 
  SA 4566. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 702 and insert the following:

     SEC. 702. PLOT ALLOWANCES.

       (a) Increase in Plot Allowance.--Section 2303 is amended by 
     striking ``$300'' each place it appears and inserting ``$745 
     (as adjusted from time to time under subsection (c))''.
       (b) Expansion of Eligibility.--Subsection (b)(2) of such 
     section is amended by striking ``such veteran is eligible'' 
     and all that follows through ``, and''.
       (c) Annual Cost-of-Living Adjustment.--Such section is 
     further amended by adding at the end the following new 
     subsection:
       ``(c) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in each maximum amount of the plot allowance payable under 
     this section equal to the percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on October 1, 2008, and shall apply with respect 
     to deaths occurring on or after that date.
       (2) No cola adjustment for fiscal year 2009.--The 
     percentage increase required by subsection (c) of section 
     2303 of title 38, United States Code (as added by subsection 
     (c) of this section), for fiscal year 2009 shall not be made.
                                 ______
                                 
  SA 4567. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 52, after line 21, add the following:

     SEC. 604. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY 
                   COMPENSATION AND DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Indexing to Social Security Increases.--Section 5312 is 
     amended by adding at the end the following new subsection:
       ``(d)(1) Whenever there is an increase in benefit amounts 
     payable under title II of the Social Security Act (42 U.S.C. 
     401 et seq.) as a result of a determination made under 
     section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
     shall, effective on the date of such increase in benefit 
     amounts, increase the dollar amounts in effect for the 
     payment of disability compensation and dependency and 
     indemnity compensation by the Secretary, as specified in 
     paragraph (2), as such amounts were in effect immediately 
     before the date of such increase in benefit amounts payable 
     under title II of the Social Security Act, by the same 
     percentage as the percentage by which such benefit amounts 
     are increased.
       ``(2) The dollar amounts to be increased pursuant to 
     paragraph (1) are the following:
       ``(A) Compensation.--Each of the dollar amounts in effect 
     under section 1114 of this title.
       ``(B) Additional compensation for dependents.--Each of the 
     dollar amounts in effect under section 1115(1) of this title.
       ``(C) Clothing allowance.--The dollar amount in effect 
     under section 1162 of this title.
       ``(D) New dic rates.--Each of the dollar amounts in effect 
     under paragraphs (1) and (2) of section 1311(a) of this 
     title.
       ``(E) Old dic rates.--Each of the dollar amounts in effect 
     under section 1311(a)(3) of this title.
       ``(F) Additional dic for surviving spouses with minor 
     children.--The dollar amount in effect under section 1311(b) 
     of this title.
       ``(G) Additional dic for disability.--Each of the dollar 
     amounts in effect under sections 1311(c) and 1311(d) of this 
     title.
       ``(H) DIC for dependent children.--Each of the dollar 
     amounts in effect under sections 1313(a) and 1314 of this 
     title.
       ``(3) Whenever there is an increase under paragraph (1) in 
     amounts in effect for the payment of disability compensation 
     and dependency and indemnity compensation, the Secretary 
     shall publish such amounts, as increased pursuant to such 
     paragraph, in the Federal Register at the same time as the 
     material required by section 215(i)(2)(D) of the Social 
     Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason 
     of a determination under section 215(i) of such Act (42 
     U.S.C. 415(i)).''.
       (b) Effective Date.--Subsection (d) of section 5312 of 
     title 38, United States Code, as added by subsection (a) of 
     this section, shall take effect on the first day of the first 
     calendar year that begins after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 4568. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 808. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL 
                   ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN 
                   UNIFORM AND BY VETERANS.

       Section 301(b)(1) of title 36, United States Code, is 
     amended by striking subparagraphs (A) through (C) and 
     inserting the following new subparagraphs:
       ``(A) individuals in uniform should give the military 
     salute at the first note of the anthem and maintain that 
     position until the last note;
       ``(B) members of the Armed Forces and veterans who are 
     present but not in uniform may render the military salute in 
     the manner provided for individuals in uniform; and
       ``(C) all other persons present should face the flag and 
     stand at attention with their right hand over the heart, and 
     men not in uniform, if applicable, should remove their 
     headdress with their right hand and hold it at the left 
     shoulder, the hand being over the heart; and''.
                                 ______
                                 
  SA 4569. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1315, to amend title 38, United States Code, to 
enhance life insurance benefits for disabled veterans, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 808. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, 
                   AND REHABILITATION OF TRAUMATIC EXTREMITY 
                   INJURIES AND AMPUTATIONS.

       (a) In General.--The Secretary of Veterans Affairs and the 
     Secretary of Defense shall jointly establish a center of 
     excellence in the mitigation, treatment, and rehabilitation 
     of traumatic extremity injuries and amputations.
       (b) Partnerships.--The Secretary of Veterans Affairs and 
     the Secretary of Defense

[[Page 6505]]

     shall jointly ensure that the center collaborates with the 
     Department of Veterans Affairs, the Department of Defense, 
     institutions of higher education, and other appropriate 
     public and private entities (including international 
     entities) to carry out the responsibilities specified in 
     subsection (c).
       (c) Responsibilities.--The center shall have the 
     responsibilities as follows:
       (1) To implement a comprehensive plan and strategy for the 
     Department of Veterans Affairs and the Department of Defense 
     for the mitigation, treatment, and rehabilitation of 
     traumatic extremity injuries and amputations.
       (2) To carry out such other activities to improve and 
     enhance the efforts of the Department of Veterans Affairs and 
     the Department of Defense for the mitigation, treatment, and 
     rehabilitation of traumatic extremity injuries and 
     amputations as the Secretary of Veterans Affairs and the 
     Secretary of Defense consider appropriate.
       (d) Reports.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     shall jointly submit to Congress a report on the activities 
     of the center.
       (2) Elements.--Each report under this subsection shall 
     include the following:
       (A) In the case of the first report under this subsection, 
     a description of the implementation of the requirements of 
     this Act.
       (B) A description and assessment of the activities of the 
     center during the one-year period ending on the date of such 
     report, including an assessment of the role of such 
     activities in improving and enhancing the efforts of the 
     Department of Veterans Affairs and the Department of Defense 
     for the mitigation, treatment, and rehabilitation of 
     traumatic extremity injuries and amputations.

                          ____________________