[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 6632-6633]
[From the U.S. Government Publishing Office, www.gpo.gov]




             VETERANS' BENEFITS ENHANCEMENT ACT--Continued

  Mr. REID. Madam President, I ask unanimous consent that when the 
Senate begins consideration of S. 1315 today, the Burr amendment 
relating to a striking provision be the only amendment in order, other 
than the committee-reported substitute, the title amendment, and a 
managers' technical amendment that has been cleared by the managers and 
leaders; that there be a time limit of 60 minutes for debate with 
respect to the Burr amendment on tomorrow, Thursday, with the time 
equally divided and controlled in the usual form; that upon the use or 
yielding back of time, the Senate proceed to vote in relation to the 
Burr amendment; that upon disposition of the Burr amendment and a 
managers' technical amendment, if cleared, the substitute amendment, as 
amended, if amended, be agreed to; the bill, as amended, be read a 
third time, and without further intervening action or debate, the 
Senate proceed to vote on passage of the bill; that upon passage, the 
title amendment be agreed to and the motion to reconsider laid upon the 
table; that upon passage of S. 1315, the Senate then proceed to 
Calendar No. 125, H.R. 493, and consider it under the parameters of a 
previous order which was entered a few minutes ago.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Maryland is recognized.
  Ms. MIKULSKI. Madam President, I ask unanimous consent to speak for 5 
minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, reluctantly, I ask the Senator to 
withhold. We want to lay down the amendment pursuant to the order. The 
Senator can regain the floor.
  Ms. MIKULSKI. I am happy to do that.
  The PRESIDING OFFICER. The Senator from North Carolina is recognized.


                           Amendment No. 4572

  Mr. BURR. Madam President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from North Carolina [Mr. Burr], for himself, 
     Mr. Vitter, Mr. Isakson, and Mr. Craig, proposes an amendment 
     numbered 4572.

  Mr. BURR. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To increase benefits for disabled U.S. veterans and provide a 
  fair benefit to World War II Filipino Veterans for their service to 
                                 U.S.)

       Strike section 401 and insert the following:

     SEC. 401. EXPANSION OF ELIGIBILITY FOR BENEFITS PROVIDED BY 
                   DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN 
                   SERVICE IN THE ORGANIZED MILITARY FORCES OF THE 
                   COMMONWEALTH OF THE PHILIPPINES AND THE 
                   PHILIPPINE SCOUTS.

       (a) Modification of Status of Certain Service.--
       (1) In general.--Section 107 is amended to read as follows:

     ``Sec. 107. Certain service with Philippine forces deemed to 
       be active service

       ``(a) In General.--Service described in subsection (b) 
     shall be deemed to have been active military, naval, or air 
     service for purposes of any law of the United States 
     conferring rights, privileges, or benefits upon any

[[Page 6633]]

     individual by reason of the service of such individual or the 
     service of any other individual in the Armed Forces.
       ``(b) Service Described.--Service described in this 
     subsection is service--
       ``(1) before July 1, 1946, in the organized military forces 
     of the Government of the Commonwealth of the Philippines, 
     while such forces were in the service of the Armed Forces of 
     the United States pursuant to the military order of the 
     President dated July 26, 1941, including among such military 
     forces organized guerrilla forces under commanders appointed, 
     designated, or subsequently recognized by the Commander in 
     Chief, Southwest Pacific Area, or other competent authority 
     in the Army of the United States; or
       ``(2) in the Philippine Scouts under section 14 of the 
     Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 
     538).
       ``(c) Dependency and Indemnity Compensation for Certain 
     Recipients Residing Outside the United States.--(1) 
     Dependency and indemnity compensation provided under chapter 
     13 of this title to an individual described in paragraph (2) 
     shall be made at a rate of $0.50 for each dollar authorized.
       ``(2) An individual described in this paragraph is an 
     individual who resides outside the United States and is 
     entitled to dependency and indemnity compensation under 
     chapter 13 of this title based on service described in 
     subsection (b).
       ``(d) Exception on Pension and Death Pension for 
     Individuals Residing Outside the United States.--An 
     individual who resides outside the United States shall not, 
     while so residing, be entitled to a pension under subchapter 
     II or III of chapter 15 of this title based on service 
     described in subsection (b).
       ``(e) United States Defined.--In this section, the term 
     `United States' means the States, the District of Columbia, 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     possession or territory of the United States.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 is amended by striking the item 
     related to section 107 and inserting the following new item:

``107. Certain service with Philippine forces deemed to be active 
              service.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to the payment or provision of 
     benefits on or April 1, 2009. No benefits are payable or are 
     required to be provided by reason of such amendment for any 
     period before such date.
       (b) Pension and Death Pension Benefit Protection.--
     Notwithstanding any other provision of law, a veteran with 
     service described in section 107(b) of title 38, United 
     States Code (as added by subsection (a)), who is receiving 
     benefits under a Federal or federally assisted program as of 
     April 1, 2009, or a survivor of such veteran who is receiving 
     such benefits as that date, may not be required to apply for 
     or receive benefits under chapter 15 of such title if the 
     receipt of such benefits would--
       (1) make such veteran or survivor ineligible for any 
     Federal or federally assisted program for which such veteran 
     or survivor qualifies; or
       (2) reduce the amount of benefit such veteran or survivor 
     would receive from any Federal or federally assisted program 
     for which such veteran or survivor qualifies.
       (c) Increase in Specially Adapted Housing Benefits for 
     Disabled Veterans.--
       (1) In general.--Section 2102 is amended--
       (A) in subsection (b)(2), by striking ``$10,000'' and 
     inserting ``$11,000'';
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$55,000''; and
       (ii) in paragraph (2), by striking ``$10,000'' and 
     inserting ``$11,000''; and
       (C) 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 (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.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on April 1, 2009, and shall apply with 
     respect to payments made in accordance with section 2102 of 
     title 38, United States Code, on or after that date.
       (d) Annual Adjustment of Amount of Burial and Funeral 
     Expenses for Deaths From Service-Connected Disability.--
     Section 2307 is amended--
       (1) by inserting ``(a)'' before ``In any case''; and
       (2) by adding at the end the following new subsection:
       ``(b) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the amount authorized by subsection (a)(1) by the amount 
     equal to the percentage of such amount 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) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (e) Increase in Assistance for Providing Automobiles or 
     Other Conveyances to Certain Disabled Veterans.--
       (1) In general.--Section 3902 is amended--
       (A) in subsection (a), by striking ``$11,000'' and 
     inserting ``$15,000''; and
       (B) by adding at the end the following new subsection:
       ``(e) Effective on October 1 of each year (beginning in 
     2009), the Secretary shall increase the amount described in 
     subsection (a) by a percentage of such amount 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) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on April 1, 2009, and shall apply with 
     respect to payments made in accordance with section 3902 of 
     title 38, United States Code, on or after that date.

  Mr. BURR. Madam President, I will wait until tomorrow during the 1 
hour of debate to take up the amendment.

                          ____________________