Veterans for Common Sense et al v. Nicholson et al

Filing 129

Attachment 5
Declaration of Stacey Sprenkel in Support of Plaintiffs' 88 Motion for Preliminary Injunction Reply filed byVeterans United for Truth, Inc, Veterans for Common Sense. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sprenkel, Stacey) (Filed on 2/11/2008) Modified on 2/12/2008 (aaa, Court Staff).

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Veterans for Common Sense et al v. Nicholson et al Doc. 129 Att. 5 [110th CONGRESS House Bills] [From the U.S. Government Printing Office via GPO Access] [DOCID: h4986enr.txt] [Enrolled Bill] H.R.4986 One Hundred Tenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight An Act To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgments against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT. (a) Short Title.--This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2008''. (b) Explanatory Statement.--The Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 1585 of the 110th Congress (Report 110-477) shall be deemed to be part of the legislative history of this Act and shall have the same effect with respect to the implementation of this Act as it would have had with respect to the implementation of H.R. 1585, if such bill had been enacted. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into three divisions as follows: (1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations and Other Authorizations. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; treatment of explanatory statement. Dockets.Justia.com (D) could reasonably be expected to receive ongoing services after the end of the pilot program under this section under another program of the Federal Government or through other means, as determined by the Secretary. SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE. (a) Finding.--Congress finds that young veterans who are injured or disabled through military service and require long-term care should have access to age-appropriate nursing home care. (b) Requirement to Provide Age-Appropriate Nursing Home Care.-Section 1710A of title 38, United States Code, is amended-(1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary shall ensure that nursing home care provided under subsection (a) is provided in an age-appropriate manner.''. SEC. SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF HOSTILITIES AND WAR. () Subparagraph (C) of section 1710(e)(3) of title 38, United States Code, Code, is amended to read as follows: ``(C) in the case of care for a veteran described in paragraph (1)(D) (1)(D) who-g y, ``(i) is discharged or released from the active military, naval, y naval, or air service after the date that is five years before the the date of the enactment of the National Defense Authorization , p y Act for Fiscal Year 2008, after a period of five years beginning g ; beginning on the date of such discharge or release; or g y ``(ii) is so discharged or released more than five years before before the date of the enactment of that Act and who did not p y enroll in the patient enrollment system under section 1705 of this , p y this title before such date, after a period of three years beginning beginning on the date of the enactment of that Act; and''. SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH CONDITIONS IN VETERANS. (a) Presumption of Service-Connection for Mental Illness in Persian Gulf War Veterans.-(1) In general.--Section 1702 of title 38, United States Code, is amended-(A) by inserting ``(a) Psychosis.--'' before ``For the purposes''; and (B) by adding at the end the following new subsection: ``(b) Mental Illness.--For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran develops such disability-``(1) within two years after discharge or release from the active military, naval, or air service; and ``(2) before the end of the two-year period beginning on the last day of the Persian Gulf War.''. (2) Heading amendment.--The heading of such section is amended

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