In the House of Representatives, U. S., 

September 22, 2008. 

Resolved, That the bill from the Senate (S. 1315) entitled ‘‘An Act to amend title 38, United States Code, to enhance veterans’ insurance and housing benefits, to improve 

benefits and services for transitioning servicemembers, and 

for other purposes’’, 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans’ Benefits Enhancement Act of 2008’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—INSURANCE MATTERS 

8 SEC. 101. ADMINISTRATIVE COSTS OF SERVICE DISABLED 

9 VETERANS’ INSURANCE. 

10 Section 1922(a) is amended by striking ‘‘directly from 

11 such fund’’ and inserting ‘‘directly from such fund; and (5) 

12 administrative costs to the Government for the costs of the 
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1 program of insurance under this section shall be paid from 

2 premiums credited to the fund under paragraph (4), and 

3 payments for claims against the fund under paragraph (4) 

4 for amounts in excess of amounts credited to such fund 

5 under that paragraph (after such administrative costs have 

6 been paid) shall be paid from appropriations to the fund’’. 

7 SEC. 102. MODIFICATION OF SERVICEMEMBERS’ GROUP 

8 LIFE INSURANCE COVERAGE. 

9 (a) EXPANSION OF SERVICEMEMBERS’ GROUP LIFE

10 INSURANCE TO INCLUDE CERTAIN MEMBERS OF INDI11 VIDUAL READY RESERVE.— 

12 (1) IN GENERAL.—Paragraph (1)(C) of section 

13 1967(a) is amended by striking ‘‘section 1965(5)(B) 

14 of this title’’ and inserting ‘‘subparagraph (B) or (C) 

15 of section 1965(5) of this title’’. 

16 (2) CONFORMING AMENDMENT.—Paragraph 

17 (5)(C) of such section 1967(a) is amended by striking 

18 ‘‘section 1965(5)(B) of this title’’ and inserting ‘‘sub19 paragraph (B) or (C) of section 1965(5) of this title’’. 

20 (b) REDUCTION IN PERIOD OF COVERAGE FOR DE21 PENDENTS AFTER MEMBER SEPARATES.—Section 

22 1968(a)(5)(B)(ii) is amended by striking ‘‘120 days after’’. 
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1 SEC. 103. DESIGNATION OF FIDUCIARY FOR TRAUMATIC IN2 JURY PROTECTION COVERAGE UNDER 

3 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

4 IN CASE OF LOST MENTAL CAPACITY OR EX5 TENDED LOSS OF CONSCIOUSNESS. 

6 (a) IN GENERAL.—The Secretary of Defense shall, in 

7 consultation with the Secretary of Veterans Affairs, develop 

8 a form for the designation of a recipient for the funds dis9 tributed under section 1980A of title 38, United States 

10 Code, as the fiduciary of a member of the Armed Forces 

11 in cases where the member is mentally incapacitated (as 

12 determined by the Secretary of Defense in consultation with 

13 the Secretary of Veterans Affairs) or experiencing an ex14 tended loss of consciousness. 

15 (b) ELEMENTS.—The form under subsection (a) shall 

16 require that a member may elect that— 

17 (1) an individual designated by the member be 

18 the recipient as the fiduciary of the member; or 

19 (2) a court of proper jurisdiction determine the 

20 recipient as the fiduciary of the member for purposes 

21 of this subsection. 

22 (c) COMPLETION AND UPDATE.—The form under sub23 section (a) shall be completed by an individual at the time 

24 of entry into the Armed Forces and updated periodically 

25 thereafter. 
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1 TITLE II—HOUSING MATTERS 

2 SEC. 201. HOME IMPROVEMENTS AND STRUCTURAL ALTER3 ATIONS FOR TOTALLY DISABLED MEMBERS 

4 OF THE ARMED FORCES BEFORE DISCHARGE 

5 OR RELEASE FROM THE ARMED FORCES. 

6 Section 1717 is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(d)(1) In the case of a member of the Armed Forces 

9 who, as determined by the Secretary, has a disability per10 manent in nature incurred or aggravated in the line of duty 

11 in the active military, naval, or air service, the Secretary 

12 may furnish improvements and structural alterations for 

13 such member for such disability or as otherwise described 

14 in subsection (a)(2) while such member is hospitalized or 

15 receiving outpatient medical care, services, or treatment for 

16 such disability if the Secretary determines that such mem17 ber is likely to be discharged or released from the Armed 

18 Forces for such disability. 

19 ‘‘(2) The furnishing of improvements and alterations 

20 under paragraph (1) in connection with the furnishing of 

21 medical services described in subparagraph (A) or (B) of 

22 subsection (a)(2) shall be subject to the limitation specified 

23 in the applicable subparagraph.’’. 
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1 TITLE III—LABOR AND 

2 EDUCATION MATTERS 

3 SEC. 301. COORDINATION OF APPROVAL ACTIVITIES IN THE 

4 ADMINISTRATION OF EDUCATION BENEFITS. 

5 (a) COORDINATION.— 

6 (1) IN GENERAL.—Section 3673 is amended— 

7 (A) by redesignating subsection (b) as sub8 section (c); and 

9 (B) by inserting after subsection (a) the fol10 lowing new subsection (b): 

11 ‘‘(b) COORDINATION OF ACTIVITIES.—The Secretary 

12 shall take appropriate actions to ensure the coordination 

13 of approval activities performed by State approving agen14 cies under this chapter and chapters 34 and 35 of this title 

15 and approval activities performed by the Department of 

16 Labor, the Department of Education, and other entities in 

17 order to reduce overlap and improve efficiency in the per18 formance of such activities.’’. 

19 (2) CONFORMING AND CLERICAL AMENDMENTS.— 

20 (A) HEADING.—The heading of such section 

21 is amended to read as follows: 

22 ‘‘§ 3673. Approval activities: cooperation and coordi23 nation of activities’’. 

24 (B) TABLE OF SECTIONS.—The table of sec25 tions at the beginning of chapter 36 is amended 
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1 by striking the item relating to section 3673 and 

2 inserting the following new item: 

‘‘3673. Approval activities: cooperation and coordination of activities.’’. 

3 (3) STYLISTIC AMENDMENTS.—Such section is 

4 further amended— 

5 (A) in subsection (a), by inserting ‘‘CO6 OPERATION IN ACTIVITIES.—’’ after ‘‘(a)’’; and 

7 (B) in subsection (c), as redesignated by 

8 paragraph (1)(A) of this subsection, by inserting 

9 ‘‘AVAILABILITY OF INFORMATION MATERIAL.—’’ 

10 after ‘‘(c)’’. 

11 (b) REPORT.—Not later than 120 days after the date 

12 of the enactment of this Act, the Secretary of Veterans Af13 fairs shall submit to the Committee on Veterans’ Affairs of 

14 the Senate and the Committee on Veterans’ Affairs of the 

15 House of Representatives a report setting forth the fol16 lowing: 

17 (1) The actions taken to establish outcome-ori18 ented performance standards for State approving 

19 agencies created or designated under section 3671 of 

20 title 38, United States Code, including a description 

21 of any plans for, and the status of the implementation 

22 of, such standards as part of the evaluations of State 

23 approving agencies required by section 3674A of title 

24 38, United States Code. 
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1 (2) The actions taken to implement a tracking 

2 and reporting system for resources expended for ap3 proval and outreach activities by such agencies. 

4 (3) Any recommendations for legislative action 

5 that the Secretary considers appropriate to achieve 

6 the complete implementation of the standards de7 scribed in paragraph (1). 

8 SEC. 302. WAIVER OF RESIDENCY REQUIREMENT FOR DI9 RECTORS FOR VETERANS’ EMPLOYMENT AND 

10 TRAINING. 

11 Section 4103(a)(2) is amended— 

12 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

13 (2) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B) The Secretary may waive the requirement in sub16 paragraph (A) with respect to a Director for Veterans’ Em17 ployment and Training if the Secretary determines that the 

18 waiver is in the public interest. Any such waiver shall be 

19 made on a case-by-case basis.’’. 

20 SEC. 303. MODIFICATION OF SPECIAL UNEMPLOYMENT 

21 STUDY TO COVER VETERANS OF POST 9/11 

22 GLOBAL OPERATIONS. 

23 (a) MODIFICATION OF STUDY.—Subsection (a)(1) of 

24 section 4110A is amended— 
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1 (1) in the matter before subparagraph (A), by 

2 striking ‘‘a study every two years’’ and inserting ‘‘an 

3 annual study’’; 

4 (2) by redesignating subparagraph (A) as sub5 paragraph (F); 

6 (3) by striking subparagraph (B) and inserting 

7 the following new subparagraphs: 

8 ‘‘(A) Veterans who were called to active duty 

9 while members of the National Guard or a Reserve 

10 Component. 

11 ‘‘(B) Veterans who served in combat or in a war 

12 zone in the Post 9/11 Global Operations theaters.’’; 

13 and 

14 (4) in subparagraph (C)— 

15 (A) by striking ‘‘Vietnam era’’ and insert16 ing ‘‘Post 9/11 Global Operations period’’; and 

17 (B) by striking ‘‘the Vietnam theater of op18 erations’’ and inserting ‘‘the Post 9/11 Global 

19 Operations theaters’’. 

20 (b) DEFINITIONS.—Such section is further amended by 

21 adding at the end the following new subsection: 

22 ‘‘(c) In this section: 

23 ‘‘(1) The term ‘Post 9/11 Global Operations pe24 riod’ means the period of the Persian Gulf War begin25 ning on September 11, 2001, and ending on the date 
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1 thereafter prescribed by Presidential proclamation or 

2 law. 

3 ‘‘(2) The term ‘Post 9/11 Global Operations thea4 ters’ means Afghanistan, Iraq, or any other theater in 

5 which the Global War on Terrorism Expeditionary 

6 Medal is awarded for service.’’. 

7 TITLE IV—COURT MATTERS 

8 SEC. 401. RECALL OF RETIRED JUDGES OF THE UNITED 

9 STATES COURT OF APPEALS FOR VETERANS 

10 CLAIMS. 

11 (a) REPEAL OF LIMIT ON SERVICE OF RECALLED RE12 TIRED JUDGES WHO VOLUNTARILY SERVE MORE THAN 90 

13 DAYS.—Section 7257(b)(2) is amended by striking ‘‘or for 

14 more than a total of 180 days (or the equivalent) during 

15 any calendar year’’. 

16 (b) NEW JUDGES RECALLED AFTER RETIREMENT RE17 CEIVE PAY OF CURRENT JUDGES ONLY DURING PERIOD

18 OF RECALL.— 

19 (1) IN GENERAL.—Section 7296(c) is amended 

20 by striking paragraph (1) and inserting the following 

21 new paragraph: 

22 ‘‘(1)(A) A judge who is appointed on or after the date 

23 of the enactment of the Veterans’ Benefits Enhancement Act 

24 of 2008 and who retires under subsection (b) and elects 

25 under subsection (d) to receive retired pay under this sub-
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1 section shall (except as provided in paragraph (2)) receive 

2 retired pay as follows: 

3 ‘‘(i) In the case of a judge who is a recall-eligible 

4 retired judge under section 7257 of this title, the re5 tired pay of the judge shall (subject to section 

6 7257(d)(2) of this title) be the rate of pay applicable 

7 to that judge at the time of retirement, as adjusted 

8 from time to time under subsection (f)(3). 

9 ‘‘(ii) In the case of a judge other than a recall10 eligible retired judge, the retired pay of the judge shall 

11 be the rate of pay applicable to that judge at the time 

12 of retirement. 

13 ‘‘(B) A judge who retired before the date of the enact14 ment of the Veterans’ Benefits Enhancement Act of 2008 

15 and elected under subsection (d) to receive retired pay under 

16 this subsection, or a judge who retires under subsection (b) 

17 and elects under subsection (d) to receive retired pay under 

18 this subsection, shall (except as provided in paragraph (2)) 

19 receive retired pay as follows: 

20 ‘‘(i) In the case of a judge who is a recall-eligible 

21 retired judge under section 7257 of this title or who 

22 was a recall-eligible retired judge under that section 

23 and was removed from recall status under subsection 

24 (b)(4) of that section by reason of disability, the re-
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1 tired pay of the judge shall be the pay of a judge of 

2 the court. 

3 ‘‘(ii) In the case of a judge who at the time of 

4 retirement did not provide notice under section 7257 

5 of this title of availability for service in a recalled 

6 status, the retired pay of the judge shall be the rate 

7 of pay applicable to that judge at the time of retire8 ment. 

9 ‘‘(iii) In the case of a judge who was a recall10 eligible retired judge under section 7257 of this title 

11 and was removed from recall status under subsection 

12 (b)(3) of that section, the retired pay of the judge 

13 shall be the pay of the judge at the time of the re14 moval from recall status.’’. 

15 (2) COST-OF-LIVING ADJUSTMENT FOR RETIRED

16 PAY OF NEW JUDGES WHO ARE RECALL-ELIGIBLE.— 

17 Section 7296(f)(3)(A) is amended by striking ‘‘para18 graph (2) of subsection (c)’’ and inserting ‘‘paragraph 

19 (1)(A)(i) or (2) of subsection (c)’’. 

20 (3) PAY DURING PERIOD OF RECALL.—Sub21 section (d) of section 7257 is amended to read as fol22 lows: 

23 ‘‘(d)(1) The pay of a recall-eligible retired judge to 

24 whom section 7296(c)(1)(B) of this title applies is the pay 

25 specified in that section. 
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1 ‘‘(2) A judge who is recalled under this section who 

2 retired under chapter 83 or 84 of title 5 or to whom section 

3 7296(c)(1)(A) of this title applies shall be paid, during the 

4 period for which the judge serves in recall status, pay at 

5 the rate of pay in effect under section 7253(e) of this title 

6 for a judge performing active service, less the amount of 

7 the judge’s annuity under the applicable provisions of chap8 ter 83 or 84 of title 5 or the judge’s annuity under section 

9 7296(c)(1)(A) of this title, whichever is applicable.’’. 

10 (4) NOTICE.—The last sentence of section 

11 7257(a)(1) is amended to read as follows: ‘‘Such a no12 tice provided by a retired judge to whom section 

13 7296(c)(1)(B) of this title applies is irrevocable.’’. 

14 (c) LIMITATION ON INVOLUNTARY RECALLS.—Section 

15 7257(b)(3) is amended by adding at the end the following 

16 new sentence: ‘‘This paragraph shall not apply to a judge 

17 to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title 

18 applies and who has, in the aggregate, served at least five 

19 years of recalled service on the Court under this section.’’. 

20 SEC. 402. ADDITIONAL DISCRETION IN IMPOSITION OF 

21 PRACTICE AND REGISTRATION FEES. 

22 Section 7285(a) is amended— 

23 (1) in the first sentence, by inserting ‘‘reason24 able’’ after ‘‘impose a’’; 
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1 (2) in the second sentence, by striking ‘‘, except 

2 that such amount may not exceed $30 per year’’; and 

3 (3) in the third sentence, by inserting ‘‘reason4 able’’ after ‘‘impose a’’. 

5 SEC. 403. ANNUAL REPORTS ON WORKLOAD OF UNITED 

6 STATES COURT OF APPEALS FOR VETERANS 

7 CLAIMS. 

8 (a) IN GENERAL.—Subchapter III of chapter 72 is 

9 amended by adding at the end the following new section: 

10 ‘‘§ 7288. Annual report 

11 ‘‘(a) IN GENERAL.—The chief judge of the Court shall 

12 submit annually to the appropriate committees of Congress 

13 a report summarizing the workload of the Court for the last 

14 fiscal year that ended before the submission of such report. 

15 Such report shall include, with respect to such fiscal year, 

16 the following information: 

17 ‘‘(1) The number of appeals filed. 

18 ‘‘(2) The number of petitions filed. 

19 ‘‘(3) The number of applications filed under sec20 tion 2412 of title 28. 

21 ‘‘(4) The number and type of dispositions. 

22 ‘‘(5) The median time from filing to disposition. 

23 ‘‘(6) The number of oral arguments. 
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1 ‘‘(7) The number and status of pending appeals 

2 and petitions and of applications described in para3 graph (3). 

4 ‘‘(8) A summary of any service performed by re5 called retired judges during the fiscal year. 

6 ‘‘(b) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘appropriate committees 

8 of Congress’ means the Committee on Veterans’ Affairs of 

9 the Senate and the Committee on Veterans’ Affairs of the 

10 House of Representatives.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of chapter 72 is amended by inserting after 

13 the item related to section 7287 the following new item: 

‘‘7288. Annual report.’’. 

14 SEC. 404. REPORT ON EXPANSION OF FACILITIES FOR 

15 UNITED STATES COURT OF APPEALS FOR 

16 VETERANS CLAIMS. 

17 (a) FINDINGS.—Congress makes the following findings: 

18 (1) The United States Court of Appeals for Vet19 erans Claims is currently located in the District of 

20 Columbia in a commercial office building that is also 

21 occupied by other Federal tenants. 

22 (2) In February 2006, the General Services Ad23 ministration provided Congress with a preliminary 

24 feasibility analysis of a dedicated Veterans Court-
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1 house and Justice Center that would house the Court 

2 and other entities that work with the Court. 

3 (3) In February 2007, the Court notified Con4 gress that the ‘‘most cost-effective alternative appears 

5 to be leasing substantial additional space in the cur6 rent location’’, which would ‘‘require relocating other 

7 current government tenants’’ from that building. 

8 (4) The February 2006 feasibility report of the 

9 General Services Administration does not include an 

10 analysis of whether it would be feasible or desirable 

11 to locate a Veterans Courthouse and Justice Center at 

12 the current location of the Court. 

13 (b) SENSE OF CONGRESS.—It is the sense of Congress 

14 that— 

15 (1) the United States Court of Appeals for Vet16 erans Claims should be provided with appropriate of17 fice space to meet its needs, as well as to provide the 

18 image, security, and stature befitting a court that 

19 provides justice to the veterans of the United States; 

20 and 

21 (2) in providing that space, Congress should 

22 avoid undue disruption, inconvenience, or cost to 

23 other Federal entities. 

24 (c) REPORT.— 
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1 (1) IN GENERAL.—Not later than 180 days after 

2 the date of the enactment of this Act, the Adminis3 trator of General Services shall submit to the Com4 mittee on Veterans’ Affairs of the Senate and the 

5 Committee on Veterans’ Affairs of the House of Rep6 resentatives a report on the feasibility of— 

7 (A) leasing additional space for the United 

8 States Court of Appeals for Veterans Claims 

9 within the building where the Court was located 

10 on the date of the enactment of this Act; and 

11 (B) using the entirety of such building as a 

12 Veterans Courthouse and Justice Center. 

13 (2) CONTENTS.—The report required by para14 graph (1) shall include a detailed analysis of the fol15 lowing: 

16 (A) The impact that the matter analyzed in 

17 accordance with paragraph (1) would have on 

18 Federal tenants of the building used by the 

19 Court. 

20 (B) Whether it would be feasible to relocate 

21 such Federal tenants into office space that offers 

22 similar or preferable cost, convenience, and usa23 ble square footage. 

24 (C) If relocation of such Federal tenants is 

25 found to be feasible and desirable, an analysis of 
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1 what steps should be taken to convert the build2 ing into a Veterans Courthouse and Justice Cen3 ter and a timeline for such conversion. 

4 (3) COMMENT PERIOD.—The Administrator shall 

5 provide an opportunity to such Federal tenants— 

6 (A) before the completion of the report re7 quired by paragraph (1), to comment on the sub8 ject of the report required by such paragraph; 

9 and 

10 (B) before the Administrator submits the re11 port required by paragraph (1) to the congres12 sional committees specified in such paragraph, 

13 to comment on a draft of such report. 

14 TITLE V—OTHER MATTERS 

15 SEC. 501. CLARIFICATION OF PURPOSE OF THE OUTREACH 

16 SERVICES PROGRAM OF THE DEPARTMENT 

17 OF VETERANS AFFAIRS. 

18 (a) CLARIFICATION OF INCLUSION OF MEMBERS OF

19 THE NATIONAL GUARD AND RESERVE IN PROGRAM.—Sub20 section (a)(1) of section 6301 is amended by inserting ‘‘, 

21 or from the National Guard or Reserve,’’ after ‘‘active mili22 tary, naval, or air service’’. 

23 (b) DEFINITION OF OUTREACH.—Subsection (b) of 

24 such section is amended— 
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1 (1) by redesignating paragraphs (1) and (2) as 

2 paragraphs (2) and (3), respectively; and 

3 (2) by inserting before paragraph (2) the fol4 lowing new paragraph (1): 

5 ‘‘(1) the term ‘outreach’ means the act or process 

6 of reaching out in a systematic manner to proactively 

7 provide information, services, and benefits counseling 

8 to veterans, and to the spouses, children, and parents 

9 of veterans who may be eligible to receive benefits 

10 under the laws administered by the Secretary, to en11 sure that such individuals are fully informed about, 

12 and assisted in applying for, any benefits and pro13 grams under such laws;’’. 

14 SEC. 502. TERMINATION OR SUSPENSION OF CONTRACTS 

15 FOR CELLULAR TELEPHONE SERVICE FOR 

16 SERVICEMEMBERS UNDERGOING DEPLOY17 MENT OUTSIDE THE UNITED STATES. 

18 (a) IN GENERAL.—Title III of the Servicemembers 

19 Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended 

20 by inserting after section 305 the following new section: 

21 ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS 

22 FOR CELLULAR TELEPHONE SERVICE. 

23 ‘‘(a) IN GENERAL.—A servicemember who receives or24 ders to deploy outside of the continental United States for 

25 not less than 90 days may request the termination or sus-
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1 pension of any contract for cellular telephone service entered 

2 into by the servicemember before that date if the 

3 servicemember’s ability to satisfy the contract or to utilize 

4 the service will be materially affected by that period of de5 ployment. The request shall include a copy of the 

6 servicemember’s military orders. 

7 ‘‘(b) RELIEF.—Upon receiving the request of a 

8 servicemember under subsection (a), the cellular telephone 

9 service contractor concerned shall, at the election of the con10 tractor— 

11 ‘‘(1) grant the requested relief without imposi12 tion of an early termination fee for termination of the 

13 contract or a reactivation fee for suspension of the 

14 contract; or 

15 ‘‘(2) permit the servicemember to suspend the 

16 contract at no charge until the end of the deployment 

17 without requiring, whether as a condition of suspen18 sion or otherwise, that the contract be extended.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents for 

20 that Act is amended by inserting after the item relating 

21 to section 305 the following new item: 

‘‘Sec. 305A. Termination or suspension of contracts for cellular telephone service.’’. 
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1 SEC. 503. MAINTENANCE, MANAGEMENT, AND AVAILABILITY 

2 FOR RESEARCH OF ASSETS OF AIR FORCE 

3 HEALTH STUDY. 

4 (a) PURPOSE.—The purpose of this section is to ensure 

5 that the assets transferred to the Medical Follow-Up Agency 

6 from the Air Force Health Study are maintained, managed, 

7 and made available as a resource for future research for 

8 the benefit of veterans and their families, and for other hu9 manitarian purposes. 

10 (b) ASSETS FROM AIR FORCE HEALTH STUDY.—For 

11 purposes of this section, the assets transferred to the Medical 

12 Follow-Up Agency from the Air Force Health Study are 

13 the assets of the Air Force Health Study transferred to the 

14 Medical Follow-Up Agency under section 714 of the John 

15 Warner National Defense Authorization Act for Fiscal Year 

16 2007 (Public Law 109–364; 120 Stat. 2290), including elec17 tronic data files and biological specimens on all partici18 pants in the study (including control subjects). 

19 (c) MAINTENANCE AND MANAGEMENT OF TRANS20 FERRED ASSETS.—The Medical Follow-Up Agency shall 

21 maintain and manage the assets transferred to the Agency 

22 from the Air Force Health Study. 

23 (d) ADDITIONAL NEAR-TERM RESEARCH.— 

24 (1) IN GENERAL.—The Medical Follow-Up Agen25 cy may, during the period beginning on October 1, 

26 2008, and ending on September 30, 2012, conduct 
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1 such additional research on the assets transferred to 

2 the Agency from the Air Force Health Study as the 

3 Agency considers appropriate toward the goal of un4 derstanding the determinants of health, and pro5 moting wellness, in veterans. 

6 (2) RESEARCH.—In carrying out research au7 thorized by this subsection, the Medical Follow-Up 

8 Agency may, utilizing amounts available under sub9 section (f)(1)(B), make grants for such pilot studies 

10 for or in connection with such research as the Agency 

11 considers appropriate. 

12 (e) ADDITIONAL MEDIUM-TERM RESEARCH.— 

13 (1) REPORT.—Not later than March 31, 2012, 

14 the Medical Follow-Up Agency shall submit to Con15 gress a report assessing the feasability and advis16 ability of conducting additional research on the assets 

17 transferred to the Agency from the Air Force Health 

18 Study after September 30, 2012. 

19 (2) DISPOSITION OF ASSETS.—If the report re20 quired by paragraph (1) includes an assessment that 

21 the research described in that paragraph would be 

22 feasible and advisable, the Agency shall, utilizing 

23 amounts available under subsection (f)(2), make any 

24 disposition of the assets transferred to the Agency 
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1 from the Air Force Health Study as the Agency con2 siders appropriate in preparation for such research. 

3 (f) FUNDING.— 

4 (1) IN GENERAL.—From amounts available for 

5 each of fiscal years 2009 through 2012 for the Depart6 ment of Veterans Affairs for Medical and Prosthetic 

7 Research, amounts shall be available as follows: 

8 (A) $1,200,000 shall be available in each 

9 such fiscal year for maintenance, management, 

10 and operation (including maintenance of biologi11 cal specimens) of the assets transferred to the 

12 Medical Follow-Up Agency from the Air Force 

13 Health Study. 

14 (B) $250,000 shall be available in each such 

15 fiscal year for the conduct of additional research 

16 authorized by subsection (d), including the fund17 ing of pilot studies authorized by paragraph (2) 

18 of that subsection. 

19 (2) MEDIUM-TERM RESEARCH.—From amounts 

20 available for fiscal year 2012 for the Department of 

21 Veterans Affairs for Medical and Prosthetic Research, 

22 $200,000 shall be available for the preparation of the 

23 report required by subsection (e)(1) and for the dis24 position, if any, of assets authorized by subsection 

25 (e)(2). 
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1 SEC. 504. NATIONAL ACADEMIES STUDY ON RISK OF DEVEL2 OPING MULTIPLE SCLEROSIS AS A RESULT 

3 OF CERTAIN SERVICE IN THE PERSIAN GULF 

4 WAR AND POST 9/11 GLOBAL OPERATIONS 

5 THEATERS. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall enter into a contract with the Institute of Medicine 

8 of the National Academies to conduct a comprehensive epi9 demiological study for purposes of identifying any in10 creased risk of developing multiple sclerosis as a result of 

11 service in the Armed Forces during the Persian Gulf War 

12 in the Southwest Asia theater of operations or in the Post 

13 9/11 Global Operations theaters. 

14 (b) ELEMENTS.—In conducting the study required 

15 under subsection (a), the Institute of Medicine shall do the 

16 following: 

17 (1) Determine whether service in the Armed 

18 Forces during the Persian Gulf War in the Southwest 

19 Asia theater of operations, or in the Post 9/11 Global 

20 Operations theaters, increased the risk of developing 

21 multiple sclerosis. 

22 (2) Identify the incidence and prevalence of di23 agnosed neurological diseases, including multiple scle24 rosis, Parkinson’s disease, amyotrophic lateral scle25 rosis, and brain cancers, as well as central nervous 
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1 system abnormalities that are difficult to precisely di2 agnose, in each group as follows: 

3 (A) Members of the Armed Forces who 

4 served during the Persian Gulf War in the 

5 Southwest Asia theater of operations. 

6 (B) Members of the Armed Forces who 

7 served in the Post 9/11 Global Operations thea8 ters. 

9 (C) A non-deployed comparison group for 

10 those who served in the Persian Gulf War in the 

11 Southwest Asia theater of operations and the 

12 Post 9/11 Global Operations theaters. 

13 (3) Compare the incidence and prevalence of the 

14 named diagnosed neurological diseases and 

15 undiagnosed central nervous system abnormalities 

16 among veterans who served during the Persian Gulf 

17 War in the Southwest Asia theater of operations, or 

18 in the Post 9/11 Global Operations theaters, in var19 ious locations during such periods, as determined by 

20 the Institute of Medicine. 

21 (4) Collect information on risk factors, such as 

22 pesticide and other toxic exposures, to which veterans 

23 were exposed while serving during the Persian Gulf 

24 War in the Southwest Asia theater of operations or 
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1 the Post 9/11 Global Operations theaters, or there2 after. 

3 (c) REPORTS.— 

4 (1) INTERIM REPORT.—The contract required by 

5 subsection (a) shall require the Institute of Medicine 

6 to submit to the Secretary, and to appropriate com7 mittees of Congress, interim progress reports on the 

8 study required under subsection (a). Such reports 

9 shall not be required to include a description of in10 terim results on the work under the study. 

11 (2) FINAL REPORT.—The contract shall require 

12 the Institute of Medicine to submit to the Secretary, 

13 and to appropriate committees of Congress, a final re14 port on the study by not later than December 31, 

15 2011. The final report shall include such rec16 ommendations for legislative or administrative action 

17 as the Institute considers appropriate in light of the 

18 results of the study. 

19 (d) FUNDING.—The Secretary shall provide the Insti20 tute of Medicine with such funds as are necessary to ensure 

21 the timely completion of the study required under subsection 

22 (a). 

23 (e) DEFINITIONS.—In this section: 

24 (1) The term ‘‘appropriate committees of Con25 gress’’ means— 
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1 (A) the Committee on Veterans’ Affairs of 

2 the Senate; and 

3 (B) the Committee on Veterans’ Affairs of 

4 the House of Representatives. 

5 (2) The term ‘‘Persian Gulf War’’ has the mean6 ing given that term in section 101(33) of title 38, 

7 United States Code. 

8 (3) The term ‘‘Post 9/11 Global Operations thea9 ters’’ means Afghanistan, Iraq, or any other theater 

10 in which the Global War on Terrorism Expeditionary 

11 Medal is awarded for service. 

12 SEC. 505. COMPTROLLER GENERAL REPORT ON ADEQUACY 

13 OF DEPENDENCY AND INDEMNITY COM14 PENSATION TO MAINTAIN SURVIVORS OF 

15 VETERANS WHO DIE FROM SERVICE-CON16 NECTED DISABILITIES. 

17 (a) REPORT REQUIRED.—Not later than 10 months 

18 after the date of the enactment of this Act, the Comptroller 

19 General of the United States shall submit to the Committees 

20 on Veterans’ Affairs and Appropriations of the Senate and 

21 the Committees on Veterans’ Affairs and Appropriations of 

22 the House of Representatives a report on the adequacy of 

23 dependency and indemnity compensation payable under 

24 chapter 13 of title 38, United States Code, to surviving 

25 spouses and dependents of veterans who die as a result of 
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1 a service-connected disability in replacing the deceased vet2 eran’s income. 

3 (b) ELEMENTS.—The report required by subsection (a) 

4 shall include— 

5 (1) a description of the current system for the 

6 payment of dependency and indemnity compensation 

7 to surviving spouses and dependents described in sub8 section (a), including a statement of the rates of such 

9 compensation so payable; 

10 (2) an assessment of the adequacy of such pay11 ments in replacing the deceased veteran’s income; and 

12 (3) such recommendations as the Comptroller 

13 General considers appropriate in order to improve or 

14 enhance the effects of such payments in replacing the 

15 deceased veteran’s income. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION S. 1315 

AMENDMENT