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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1315 Engrossed Amendment House (EAH)]

                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:

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 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.''.

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 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.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                S. 1315

_______________________________________________________________________

                               AMENDMENT
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