[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[Senate]
[Pages S7656-S7665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' INSURANCE AND HEALTH CARE IMPROVEMENTS ACT
Mr. DURBIN. I ask unanimous consent that the Veterans' Affairs
Committee be discharged from further consideration of H.R. 3219, and
the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 3219) to amend title 38, United States Code,
to make certain improvements in the laws administered by the
Secretary of Veterans Affairs relating to insurance and
health care, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on
H.R. 3219, the proposed ``Veterans' Benefits Act of 2010.'' The bill,
as it comes before the Senate, is a compromise agreement developed with
our counterparts on the House Committee on Veterans' Affairs. I thank
Chairman Filner and Ranking Member Buyer of the House Committee for
their cooperation on this legislation. I also thank my good friend, the
committee's ranking member, Senator Burr, for his cooperation as we
have developed this bill. A full explanation of the Senate and House
negotiated agreement can be found in the Joint Explanatory Statement,
which I will ask be printed in the Record at the conclusion of my
remarks.
The amended bill, which I will refer to as the ``compromise
agreement,'' contains ten titles that are designed to enhance
compensation, housing, labor and education, burial, and insurance
benefits for veterans. I will highlight a few of the provisions.
The compromise agreement would make several important improvements in
insurance programs for disabled veterans. It would increase the maximum
amount of veterans' mortgage life insurance that a service-connected
disabled veteran may purchase from the current maximum of $90,000 up to
$200,000. In the event of the veteran's death, the veteran's family
would be protected because VA will pay the balance of the mortgage owed
up to the maximum amount of insurance purchased. The need for this
increase is obvious in today's housing market.
In addition, this legislation would increase the amount of
supplemental life insurance available to totally disabled veterans from
$20,000 to $30,000. Many totally disabled veterans find it difficult to
obtain commercial life insurance. This legislation would provide these
veterans with a reasonable amount of life insurance coverage.
This benefits package also includes a provision that will expand
eligibility for retroactive benefits from traumatic injury protection
coverage under the Servicemembers' Group Life Insurance program,
commonly referred to as TSGLI. Section 1032 of Public Law 109-13, the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005, established traumatic injury
protection under the SGLI program. TSGLI went into effect on December
1, 2005. Therefore, all insured servicemembers under SGLI from that
point forward are also insured under TSGLI and their injuries are
covered regardless of where they occur. In order to provide assistance
to those servicemembers who suffered traumatic injuries on or between
October 7, 2001, and November 30, 2005, retroactive TSGLI payments were
authorized under section 1032(c) of the Supplemental Appropriations Act
to individuals whose qualifying losses were sustained ``as a direct
result of injuries incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.'' Under section 501(b) of Public Law 109-233, the
Veterans' Housing Opportunity and Benefits Improvement Act of 2006,
this definition was amended to allow retroactive payments to
individuals whose qualifying losses were sustained ``as a direct result
of a traumatic injury incurred in the theater of operations for
Operation Enduring Freedom and Operation Iraqi Freedom.''
However, without corrective action, men and women who were
traumatically injured on or between October 7, 2001, and November 30,
2005, but were not in the OIF or OEF theaters of operation, will
continue to be denied the same retroactive payment given to their
wounded comrades. This legislation would correct that inequity.
This bill also modifies programs that provide adaptive assistance to
veterans. It would increase and provide an index for an existing VA
grant program, which provides funds to assist severely disabled
veterans in purchasing automobiles or other conveyances that can
accommodate their disabilities. The increase to $18,900 would help
prevent erosion of the value and effectiveness of this benefit.
Another provision included in this bill would expand this grant
program to provide automobile and adaptive equipment assistance to
disabled veterans and servicemembers with severe burn injuries. Due to
the severe damage done to their skin, individuals with these
disabilities experience difficulty operating a standard automobile not
equipped to accommodate their disabilities. This legislation would help
them obtain vehicles with special adaptations for assistance in and out
of the vehicle, seat comfort, and climate control.
Another key part of this legislation is a provision to help homeless
women veterans and homeless veterans with children. The majority of
programs and service providers currently available to homeless veterans
have historically
[[Page S7657]]
been designed to assist male veterans. However, due to the increasing
number of women serving in the Armed Forces, more than 5 percent of
veterans requesting assistance from VA and community-based homeless
veteran service providers are women. More than 10 percent of these
women have dependent children. In addition, there are reports of a
significant number of male homeless veterans who have dependent
children as well. To meet these changing needs of our Nation's veterans
and correct this inequity, this bill will establish a grant program for
the reintegration of homeless women veterans and homeless veterans with
children into the labor force.
This bill would also increase to 2,700 the number of veterans who are
authorized to enroll annually in a program of independent living
services. This important program is designed to meet the needs of the
most severely service-connected disabled veterans and more of those
returning from combat have suffered the kind of devastating injuries
that may make employment not reasonably feasible for extended periods
of time.
This is not a comprehensive recitation of all the provisions within
this legislation. However, I hope that I have provided an appropriate
overview of the major benefits this legislation would provide for
America's veterans and servicemembers. I urge our colleagues to support
this important legislation that would benefit many of this Nation's
more than 23 million veterans and their families. I also urge the House
of Representatives to work on this matter expeditiously so that this
may be sent to the President for his signature.
Mr. President, I ask unanimous consent that the Joint Explanatory
Statement, which was developed with our colleagues in the House, be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Joint Explanatory Statement for H.R. 3219, as Amended
H.R. 3219, as amended, the Veterans' Benefits Act of 2010,
reflects a Compromise Agreement reached by the House and
Senate Committees on Veterans' Affairs (the Committees) on
the following bills reported during the 111th Congress: H.R.
174; H.R. 466, as amended; H.R. 1037, as amended; H.R. 1088;
H.R. 1089, as amended; H.R. 1168, as amended; H.R. 1170, as
amended; H.R. 1171, as amended; H.R. 1172, as amended; H.R.
2180; H.R. 3219, as amended; H.R. 3949, as amended; H.R.
4592, as amended (House Bills); and S. 728, as amended; S.
1237, as reported; and S. 3609 (Senate Bills).
H.R. 174 passed the House on November 2, 2009; H.R. 466, as
amended, passed the House on June 8, 2009; H.R. 1037, as
amended, passed the House on July 14, 2009; H.R. 1088 passed
the House on May 19, 2009; H.R. 1089, as amended, passed the
House on May 19, 2009; H.R. 1168, as amended, passed the
House on November 2, 2009; H.R. 1170, as amended, passed the
House on May 19, 2009; H.R. 1171, as amended, passed the
House on March 30, 2009; H.R. 1172, as amended, passed the
House on June 23, 2009; H.R. 3219, as amended, passed the
House on July 27, 2009; H.R. 3949, as amended, passed the
House on November 3, 2009. H.R. 4592 passed the House on
March 23, 2010. H.R. 1037, as amended, passed the Senate on
October 7, 2009.
The Committees have prepared the following explanation of
H.R. 3219, as amended, to reflect a Compromise Agreement
between the Committees. Differences between the provisions
contained in the Compromise Agreement and the related
provisions of the House Bills and the Senate Bills are noted
in this document, except for clerical corrections, conforming
changes made necessary by the Compromise Agreement, and minor
drafting, technical, and clarifying changes.
TITLE I--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS
Extension and Expansion of Authority for Certain Qualifying Work-Study
Activities for Purposes of the Educational Assistance Programs of the
Department of Veterans Affairs
Current Law
Section 3485 of title 38, United States Code (U.S.C.),
permits certain students enrolled in a program of education
to participate in work-study programs. Approved work-study
activities are generally activities relating to processing
documents or providing services at Department of Veterans
Affairs (VA) facilities. However, until June 30, 2010,
approved activities also included outreach services provided
by State approving agencies, care to veterans in State homes,
and activities related to the administration of national or
State veterans' cemeteries.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1037, as amended, would require VA to conduct a five-
year pilot program to expand work-study opportunities by
adding to the list of approved activities positions in
academic departments (including positions as tutors or
research, teaching, and lab assistants) and in student
services (including positions in career centers and financial
aid, campus orientation, cashiers, admissions, records, and
registration offices).
Compromise Agreement
Section 101 of the Compromise Agreement would extend the
authority from June 30, 2010, to June 30, 2013, during which
qualifying work-study activities may include assisting with
outreach services to servicemembers and veterans furnished by
employees of State approving agencies, provision of care to
veterans in State homes, and activities related to
administration of a national cemetery or State veterans'
cemetery. In addition, effective October 1, 2011, it would
add to the list of qualifying work-study activities the
following:
Activities of State veterans agencies helping veterans
obtain any benefit under laws administered by VA or States;
Positions at Centers of Excellence for Veteran Student
Success;
Positions working in programs run jointly by VA and an
institution of higher learning; and
Any other veterans-related position in an institution of
higher learning.
Reauthorization of Veterans' Advisory Committee on Education
Current Law
Section 3692 of title 38 provides for the formation of a
Veterans' Advisory Committee on Education. The authority for
this Committee expired on December 31, 2009.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 102 of H.R. 3949, as amended, would reauthorize the
Advisory Committee until December 31, 2015.
Compromise Agreement
Section 102 of the Compromise Agreement would extend the
Veterans' Advisory Committee on Education until December 31,
2013.
18-Month Period for Training of New Disabled Veterans' Outreach Program
Specialists and Local Veterans' Employment Representatives by National
Veterans' Employment and Training Services Institute
Current Law
Section 4102A(c)(8) of title 38, U.S.C., requires that, as
a condition of receiving grants under the Disabled Veterans'
Outreach Program (DVOP) and the Local Veterans' Employment
Representatives (LVER) program authorities, States are
generally required to have each DVOP and LVER complete a
program of training through the National Veterans' Employment
and Training Services Institute within three years of
beginning employment.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1088 would require that DVOPs and LVERs assigned to
perform those duties on or after the date of enactment
complete training within one year of being so assigned and
that DVOPs and LVERs hired on or after January 1, 2006, also
complete training within one year of the date of enactment.
Compromise Agreement
Section 103 of the Compromise Agreement would require that
DVOPs and LVERs hired on or after the date of enactment
complete training within 18 months of employment and that any
previously-hired DVOPs and LVERs who were hired on or after
January 1, 2006, also complete training within 18 months of
the date of enactment.
Clarification of Responsibility of Secretary of Veterans Affairs to
Verify Small Business Ownership
Current Law
Public Law 109-461 (120 Stat. 3403), the Veterans Benefits,
Health Care, and Information Technology Act of 2006, requires
VA to maintain the VetBiz Vendor Information Page (VIP)
database containing Veteran Owned Small Businesses (VOSB) and
Service-Disabled Veteran Owned Small Businesses (SDVOSB).
This law also requires VA to verify that registered firms
meet the eligibility requirements to be classified as VOSBs
or SDVOSBs to be included in the database.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 101 of H.R. 3949, as amended, would require VA to
verify small business concerns prior to being listed in the
VIP database.
Compromise Agreement
Section 104 of the Compromise Agreement follows the House
Bill.
Demonstration Project for Referral of USERRA Claims Against Federal
Agencies to the Office of Special Counsel
Current Law
Under chapter 43 of title 38, U.S.C., the Department of
Labor has responsibility for receiving, investigating, and
attempting to resolve all claims filed under the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
Senate Bill
The Senate Bills contain no comparable provision.
[[Page S7658]]
House Bill
H.R. 1089, as amended, would provide the U.S. Office of
Special Counsel with initial jurisdiction to investigate and
prosecute all USERRA complaints involving Federal executive
agencies and provide authority for individuals to file
complaints with the U.S. Office of Special Counsel. It would
clarify that the U.S. Office of Special Counsel has the same
authority as the U.S. Department of Labor to conduct
investigations and issue subpoenas when investigating USERRA
complaints.
Compromise Agreement
Section 105 of the Compromise Agreement would require the
Secretary of Labor and the Office of Special Counsel to carry
out a 36-month demonstration project to start no later than
60 days after the Comptroller General submits a report
assessing the proposed methods and procedures for the
demonstration project; under the demonstration project,
certain USERRA claims against Federal executive agencies
would be received by or referred to the Office of Special
Counsel. It would also allow the Office of Special Counsel to
receive and investigate certain claims under USERRA and
related prohibited personnel practice claims. Finally, the
Compromise Agreement would establish general guidelines for
administration of the demonstration project; would require
the Department of Labor and the Office of Special Counsel to
jointly establish methods and procedures to be used during
the demonstration project and submit to Congress a report
describing those methods and procedures; would require
the Comptroller General to submit to Congress a report
assessing those methods and procedures; and would require
the Comptroller General to submit to Congress reports on
the demonstration project.
Veterans Energy-Related Employment Program
Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 4592, as amended, would create a Veterans Energy-
Related Employment Program pilot program, which would award
competitive grants to three States for the establishment of a
program that would reimburse energy employers for the cost of
providing on-the-job training for veterans in the energy
sector. The reimbursements would go to employers or labor-
management organizations. Each participating State would be
required to provide evidence that it can produce such
training to serve a population of eligible veterans, has a
diverse energy industry, and the ability to carry out such a
program, as well as certify that participating veterans would
be hired at a wage rate consistent with the standard industry
average for jobs that are technically involved and have a
skill-set that is not transferable to other non-energy
industries. It would authorize appropriations of $10 million
a year for five years, beginning in 2011 through 2015.
Compromise Agreement
Section 106 of the Compromise Agreement would establish a
pilot competitive grant program (Veterans Energy-Related
Employment Program) as part of the Veterans Workforce
Investment Program for up to three States to provide grants
to energy employers that train veterans in skills particular
to the energy industry. States would need to repay funds not
used for the purposes outlined for this pilot program and
submit reports on the use of the grant funds to the Secretary
of Labor. This section would outline requirements employers
must meet to receive funds from a State and would prohibit
the use of funds for non-eligible veterans or eligible
veterans whose employment is funded through any other
governmental program. A report to Congress would be required
to be submitted by the Secretary. The administrative costs of
the Secretary would be limited to 2 percent of the
appropriations for this program and the Secretary of Labor
would be permitted to determine the maximum amounts of each
grant that may be used for administration and reporting
costs. Section 106 of the Compromise Agreement would
authorize $1.5 million for the grant program for each of
fiscal years 2012 through 2014.
Pat Tillman Veterans' Scholarship Initiative
Current Law
There is no relevant provision in current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1172, as amended, would require VA to provide and
maintain on its website by June 1, 2010, information
regarding scholarships that are available to veterans and
family members of deceased veterans. Information to be
provided on the website would include a list of organizations
offering scholarships and a link to their websites. VA would
also be required to notify schools and other organizations of
the opportunity to be listed on the website.
Compromise Agreement
Section 107 of the Compromise Agreement follows the House
Bill but requires the VA, by June 1, 2011, to make available
on its website a list of organizations that provide
scholarships to veterans and their survivors. VA would be
required to make reasonable efforts to notify schools and
other organizations of the opportunity to be listed on the
website.
TITLE II--HOUSING AND HOMELESSNESS MATTERS
Reauthorization of Appropriations for Homeless Veterans Reintegration
Program
Current Law
The Homeless Veterans Reintegration Program (HVRP) was
initially enacted in 1987 as part of Public Law 100-77, the
Stewart B. McKinney Homeless Assistance Act, to expand
services beyond food and shelter to homeless veterans. Public
Law 107-95, the Homeless Veterans Comprehensive Assistance
Act of 2001, directed the Secretary of Labor to provide
homeless veterans with job training, counseling, and
placement services as part of a holistic approach to
reintegrating homeless veterans back into society. The
authorization of appropriations to carry out this program
expired at the end of fiscal year 2009.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 2 of H.R. 1171, as amended, would reauthorize,
through fiscal year 2014, the Department of Labor's HVRP.
Compromise Agreement
Section 201 of the Compromise Agreement follows the House
Bill, except that it would reauthorize the HVRP through
fiscal year 2011.
Homeless Women Veterans and Homeless Veterans with Children
Reintegration Grant Program
Current Law
Currently, under section 2021 of title 38, U.S.C., the
Secretary of Labor is required to conduct, directly or
through grant or contract, the HVRP. Through HVRP, the
Secretary selects programs that are appropriate to provide
job training, counseling, and placement services (including
job readiness, literacy and skills training) to expedite the
reintegration of homeless veterans into the labor force. HVRP
is administered through the Assistant Secretary of Labor for
Veterans' Employment and Training (VETS).
Senate Bill
Section 102 of S. 1237, as reported, would amend Subchapter
III of chapter 20 of title 38, U.S.C., by adding a new
section 2021A, entitled ``Grant program for reintegration of
homeless women veterans and homeless veterans with
children.'' This grant program would differ from the current
HVRP grants in that it would be strictly a grant program and
would focus specifically on providing services that will
assist in the reintegration into the labor force of homeless
women veterans and homeless veterans with children. Like the
current HVRP grants, services under this new grant program
would include job training, counseling, and job placement
services, including job readiness, literacy, and skills
training. Importantly, it would also include child care
services to serve more effectively the target population.
House Bill
Section 3 of H.R. 1171, as amended, would amend title 38,
U.S.C., adding a new section 2021A, entitled ``Homeless women
veterans and homeless veterans with children reintegration
grant program.'' That bill would direct the Secretary of
Labor to carry out a grant program to provide reintegration
services through programs and facilities that emphasize
services for homeless women veterans and homeless veterans
with children.
Compromise Agreement
Section 202 of the Compromise Agreement generally follows
the House Bill. However, the authorization of appropriations
to carry out this program is $1 million for fiscal years 2011
to 2015.
Specially Adapted Housing Assistive Technology Grant Program
Current Law
There is no current provision in title 38, U.S.C.,
authorizing grants to develop assistive technology for
specially adapted housing. The Specially Adapted Housing
(SAH) program was established in 1948 by Public Law 80-702,
an act to authorize assistance to certain veterans in
acquiring specially adapted housing which they require by
reason of their service-connected disabilities. The SAH
program provides grants to certain qualifying service-
connected disabled veterans to assist them in acquiring
suitable housing.
Senate Bill
The Senate Bills contain no comparable provisions.
House Bill
H.R. 1170, as amended, would authorize a five-year pilot
program to promote research and development of adaptive
technologies that would be applicable to the SAH program. It
would also provide that VA retain a 30 percent interest in
any patent approved as a result of funding through this grant
program. The bill would further require that VA retain any
investment returns from these patents to assist in funding
grants, during the duration of this program. It would
authorize $2 million per year for purposes of
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this grant program; those amounts would be derived from
amounts appropriated for VA Medical Services.
Compromise Agreement
Section 203 of the Compromise Agreement generally follows
the House Bill. However, under the Compromise Agreement, the
Secretary would not retain any patent rights to the
technology developed by any grant recipient, the funding
amount would be reduced from $2 million to $1 million per
fiscal year to carry out this program, and the funding would
now come from amounts appropriated to VA for readjustment
benefits, not Medical Services. The effective date of the
five-year pilot program would be October 1, 2011.
Waiver of Housing Loan Fee for Certain Veterans With Service-Connected
Disabilities Called to Active Service
Current Law
Current law, section 3729(c)(1) of title 38, U.S.C., states
that a loan fee, normally collected from each person
obtaining a housing loan guaranteed, insured or made under
chapter 37, will be waived for a veteran who is receiving
compensation, or who, but for the receipt of retirement pay,
would be entitled to receive compensation.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 2180 would waive housing loan fees for certain
veterans with service-connected disabilities called back to
active service.
Compromise Agreement
Section 204 of the Compromise Agreement follows the House
Bill.
TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS
Residential and Motor Vehicle Leases
Current Law
Section 305 of the Servicemembers Civil Relief Act (SCRA)
permits the cancellation of motor vehicle leases and
prohibits early termination penalties. It also permits
cancellation of residential leases, but it does not provide
protection from early termination fees.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 202 of H.R. 3949 would amend subsection (e) of
section 305 of SCRA to revise provisions concerning
arrearages and other obligations to prohibit a lessor from
charging an early termination charge with respect to a
residential, professional, business, or agricultural rental
lease entered into by a person who subsequently enters
military service, or for a servicemember who has received
orders for permanent change of station or for deployment in
support of a military operation. It would provide that unpaid
lease charges shall be paid by the lessee.
Compromise Agreement
Section 301 of the Compromise Agreement follows the House
bill.
Termination of Telephone Service Contracts
Current Law
Section 305A of SCRA permits certain servicemembers the
option to request a termination or suspension of their
cellular phone contracts if they are deployed outside of the
continental United States for a period of not less than 90
days or have a permanent change of duty station within the
United States.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 201 of H.R. 3949 would amend section 305A of the
SCRA to allow a servicemember to terminate certain service
contracts if the servicemember has received military orders
to deploy for a period of not less than 90 days or for a
change of duty station to a location that does not support
such service. Furthermore, if the terminated contract was for
cellular or telephone exchange services, it would allow a
servicemember to keep the phone number to the extent
practicable and in accordance with applicable law. Covered
contracts would include cellular telephone service (including
family plans with the servicemember), telephone exchange
service, multi-channel video programming service and internet
service, as well as home water, electricity, home heating oil
and natural gas services. Servicemembers would be required to
deliver a written notice of termination of the service
contract and the military orders to the service provider by
hand delivery, private carrier, fax, or U.S. Postal Service
with return receipt requested and sufficient postage. A
service provider would be prohibited from imposing an early
termination charge, but could collect appropriate tax,
obligation or liability under the contract.
Compromise Agreement
Section 302 of the Compromise Agreement would allow a
servicemember to terminate a contract for cellular telephone
or telephone exchange service at any time after receiving
notice of military orders to relocate for a period of 90 days
or more to a location that does not support the contract. It
would further require the telephone number of an individual
who terminated a contract to be kept available for a period
of not to exceed three years if the servicemember re-
subscribes to the service within 90 days of the last day of
relocation. Finally, section 302 of the Compromise Agreement
would permit certain family plan contracts for cellular
telephone service entered into by a family member of a
servicemember to be terminated.
Enforcement by the Attorney General and by Private Right of Action
Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 203 of H.R. 3949 would amend the SCRA to add a new
title, Title VIII--Civil Liability, which would authorize the
U.S. Attorney General to bring a civil action in U.S.
district court to enforce provisions of the SCRA. It would
also authorize the court to grant appropriate relief to
include monetary damages. The court would be authorized in
certain circumstances to impose a civil penalty that, for the
first violation, will not exceed $55,000 and, for any
subsequent violation, will not exceed $110,000. It would
provide intervenor rights to aggrieved persons for a civil
action that has already been started. In addition, it would
clarify that a person has a private right of action to file a
civil action for violations under the SCRA and that the court
may award costs and attorney fees to a servicemember who
prevails. Finally, it would provide that the rights granted
under sections 801 or 802 will not limit or exclude any other
rights that may also be available under Federal or state law.
Compromise Agreement
Section 303 of the Compromise Agreement generally follows
the House bill with some technical changes.
TITLE IV--INSURANCE MATTERS
Increase in Amount of Supplemental Insurance for Totally Disabled
Veterans
Current Law
Section 1922A of title allows eligible totally disabled
veterans to receive a maximum of $20,000 in Service-Disabled
Veterans' Insurance (S-DVI) supplemental life insurance
coverage.
Senate Bill
Section 101 of H.R. 1037, as amended, would amend section
1922A(a) of title 38, U.S.C., to increase the amount of life
insurance available to totally disabled veterans by allowing
them to purchase an additional $10,000 in supplemental
insurance coverage. This would raise the maximum amount of S-
DVI supplemental coverage to $30,000.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 401 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.
Permanent Extension of Duration of Servicemembers' Group Life Insurance
Coverage for Totally Disabled Veterans
Current Law
VA offers a variety of life insurance options for
servicemembers, veterans, and their families. Among these is
the Servicemembers' Group Life Insurance (SGLI) program,
which offers low-cost group life insurance for servicemembers
on active duty, Ready Reservists, members of the National
Guard, members of the Commissioned Corps of the National
Oceanic and Atmospheric Administration and the Public Health
Service, cadets and midshipmen of the four service academies,
and members of the Reserve Officer Training Corps. SGLI
coverage is available in $50,000 increments up to the maximum
of $400,000.
Public Law 93-289, the Veterans' Insurance Act of 1974,
established a new program of post-separation insurance known
as Veterans' Group Life Insurance (VGLI). VGLI provides for
the post-service conversion of SGLI to a renewable term
policy of insurance. Persons eligible for full-time coverage
include former servicemembers who were insured full-time
under SGLI and who were released from active duty or the
Reserves, Ready Reservists who have part-time SGLI coverage
and who incur certain disabilities during periods of active
or inactive duty training, and members of the Individual
Ready Reserve and Inactive National Guard. VGLI coverage is
issued in multiples of $10,000 up to a maximum of $400,000.
Under current law, VGLI applications for coverage must
occur within one year and 120 days from discharge. However,
servicemembers who are totally disabled at the time of
discharge may have a longer period within which to convert
their SGLI coverage to VGLI. Public Law 109-233, the
Veterans' Housing Opportunity and Benefits Improvement Act of
2006, authorized VA to extend from one to two years, after
separation from active duty service, the period within which
totally disabled members may receive premium free SGLI
coverage and convert their coverage to a policy under the
VGLI program after separation from active duty service.
However, Public Law 109-233 mandated that on or after October
1, 2011, this two-year time period would be shortened to 18
months.
Senate Bill
Section 101 of S. 3765 would amend section 1968(a) of title
38, U.S.C., to eliminate the expiration date for a potential
two-year extension of SGLI coverage available to
[[Page S7660]]
servicemembers who are totally disabled when they separate
from service.
House Bill
Section 101 of H.R. 3219, as amended, would amend section
1968(a) of title 38, U.S.C., to eliminate the expiration date
for a potential two-year extension of SGLI coverage available
to servicemembers who are totally disabled when they separate
from service.
Compromise Agreement
Section 402 of the Compromise Agreement follows the
language in both bills.
Adjustment of Coverage of Dependents Under Servicemembers' Group Life
Insurance
Current Law
Under current law, insurable dependents of servicemembers
on active duty, or Ready Reservists who are totally disabled
on the date of separation or release from service or
assignment, are authorized to continue receiving insurance
coverage long after the servicemembers' separation or release
from service. Servicemembers on active duty are potentially
eligible for continued coverage for up to 2 years after the
date of separation or release from service; Ready Reservists
are potentially eligible for an additional 1 year of coverage
after separation or release from an assignment. Thereafter,
the insurable dependents of covered servicemembers on active
duty are also potentially eligible for continued coverage for
up to 2 years after the date of separation or release from
service or, in the case of an insurable dependent of a Ready
Reservist, up to 1 year after the date of separation or
release from an assignment.
Senate Bill
Section 102 of H.R. 1037, as amended, would amend section
1968(a)(5)(B)(ii) of title 38, U.S.C., so that no insurable
dependent, not even those of servicemembers who remain
covered for up to 1 or 2 years after service or assignment,
could remain covered under SGLI for more than 120 days after
the servicemember's separation or release from service or
assignment.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 403 of the Compromise Agreement follows the Senate
Bill.
Opportunity to Increase Amount of Veterans' Group Life Insurance
Current Law
Section 1977(a)(1) of title 38, U.S.C., limits the amount
of VGLI coverage a veteran may carry to the amount of SGLI
coverage that continued in force after that veteran was
separated from service.
Senate Bill
Section 102 of S. 3765 would amend section 1977(a) of title
38, U.S.C., to allow VGLI participants who are under the age
of 60 and insured for less than the current maximum
authorized for SGLI the opportunity to obtain, without a
health care examination, an additional $25,000 in coverage
once every 5 years at the time of renewal.
House Bill
Section 102 of H.R. 3219, as amended, would amend section
1977(a) of title 38, U.S.C., to allow VGLI participants who
are under the age of 60 and insured for less than the current
maximum authorized for SGLI the opportunity to obtain,
without a health care examination, an additional $25,000 in
coverage once every 5 years at the time of renewal.
Compromise Agreement
Section 404 of the Compromise Agreement follows the
language in both bills.
Elimination of Reduction in Amount of Accelerated Death Benefit for
Terminally Ill Persons Insured Under Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance
Current Law
The current SGLI/VGLI Accelerated Benefits Option (ABO)
requires VA to discount or reduce the payout available under
both the SGLI and VGLI programs for terminally ill
servicemembers and veterans who exercise the option to use up
to half of their policy. Currently, VA discounts this payment
by an amount commensurate to the interest rate earned by the
program on its investment in effect at the time that a
servicemember or veteran applies for the benefits, thereby
often significantly reducing the amount of the ABO payment.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 103 of H.R. 3219, as amended, would amend section
1980(b)(1) of title 38, U.S.C., by eliminating the
requirement that the lump sum accelerated payment be
``reduced by an amount necessary to assure that there is no
increase in the actuarial value of the benefit paid, as
determined by the Secretary.''
Compromise Agreement
Section 405 of the Compromise Agreement follows the House
Bill.
Consideration of Loss of Dominant Hand in Prescription of Schedule of
Severity of Traumatic Injury Under Servicemembers' Group Life Insurance
Current Law
Under current law, traumatic injury protection under
Servicemembers' Group Life Insurance (TSGLI) provides for
payment to servicemembers who suffer a qualifying loss as a
result of a traumatic injury event. In the event of a
qualifying loss, VA will pay between $25,000 and $100,000,
depending on the severity of the qualifying loss. In
prescribing payments, VA does not account for the effect, if
any, that the loss of a dominant hand has on lengthening
hospitalization or rehabilitation periods.
Senate Bill
Section 104 of H.R. 1037, as amended, would amend section
1980A(d) of title 38, U.S.C., to authorize VA to distinguish
in specifying payments for qualifying losses of a dominant
hand and a non-dominant hand.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 406 of the Compromise Agreement follows the Senate
Bill except that the provision would take effect on October
30, 2011.
Enhancement of Veterans' Mortgage Life Insurance
Current Law
Under current law, service-connected disabled veterans who
have received specially adapted housing grants from VA may
purchase up to $90,000 in Veterans' Mortgage Life Insurance
(VMLI). In the event of the veteran's death, the veteran's
family is protected because VA will pay the balance of the
mortgage owed up to the maximum amount of insurance
purchased.
Senate Bill
Section 105 of H.R. 1037, as amended, would amend section
2106(b) of title 38, U.S.C., to increase the maximum amount
of insurance that may be purchased under the VMLI program
from the current maximum of $90,000 to $150,000 effective on
October 1, 2012. The maximum amount would then increase from
$150,000 to $200,000 on January 1, 2012.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 407 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.
Expansion of Individuals Qualifying for Retroactive Benefits From
Traumatic Injury Protection Coverage Under Servicemembers' Group Life
Insurance
Current Law
Under current law, TSGLI provides coverage against
qualifying losses incurred as a result of a traumatic injury.
In the event of a loss, VA will pay between $25,000 and
$100,000 depending on the severity of the qualifying loss.
TSGLI went into effect on December 1, 2005. In order to
provide assistance to those servicemembers suffering
traumatic injuries on or before October 7, 2001, and November
30, 2005, retroactive TSGLI payments were authorized under
section 1032(c) of Public Law 109-13, the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005, to individuals whose
qualifying losses were sustained as ``a direct result of
injuries incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.'' Under section 501(b) of Public Law 109-233,
the Veterans' Housing Opportunity Benefits Improvement Act of
2006, this definition was amended to allow retroactive
payments to individuals whose qualifying losses were
sustained as a ``direct result of a traumatic injury incurred
in the theater of operations for Operation Enduring Freedom
and Operation Iraqi Freedom.'' Men and women who were
traumatically injured on or between October 7, 2001, and
November 30, 2005, but were not in the Operation Iraqi
Freedom or Operation Enduring Freedom theaters of operation
are not eligible for retroactive payments.
Senate Bill
Section 103 of H.R. 1037, as amended, would amend section
501(b) of Public Law 109-233 so as to remove the requirement
that limits retroactive TSGLI payments to those who served in
the Operation Iraqi Freedom (OIF) or Operation Enduring
Freedom (OEF) theaters of operation. Thus, this section of
the Compromise Agreement would authorize retroactive TSGLI
payments for qualifying traumatic injuries incurred on or
after October 7, 2001, but before December 1, 2005,
irrespective of where the injuries occurred.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 408 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.
TITLE V--BURIAL AND CEMETERY MATTERS
Increase in Certain Burial and Funeral Benefits and Plot Allowances for
Veterans
Current law
Under current law, VA will pay up to $300 toward the
funeral and burial costs of veterans who die while receiving
care at certain VA facilities. In addition, VA will pay a
$300 plot allowance when a veteran is buried in a cemetery
not under U.S. government jurisdiction if: the veteran was
discharged from active duty because of a disability incurred
or aggravated in the line of duty; the veteran was receiving
compensation or pension, or would have been if he/she was not
receiving
[[Page S7661]]
military retired pay; or the veteran died in a VA facility.
The plot allowance may be paid to the State for the cost of a
plot or interment in a State-owned cemetery reserved solely
for veteran burials if the veteran was buried without charge.
Senate Bill
Section 501 of H.R. 1037, as amended, would increase
payments for funeral and burial expenses in the case of
individuals who die in VA facilities and for plot allowances
up to $745 and would increase this amount annually by a cost-
of-living adjustment. These increases would be effective for
deaths occurring on or after October 1, 2010, but no cost-of-
living adjustment would be paid in fiscal year 2011.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 501 of the Compromise Agreement would increase the
amount paid for the burial and funeral of a veteran who dies
in a VA facility or the plot allowance for a deceased veteran
who is eligible for burial at a national cemetery from $300
to $700, effective October 1, 2011. It would further direct
the Secretary of Veterans Affairs to provide an annual
percentage increase in relation to the Consumer Price Index.
Finally, the Compromise Agreement would provide that no cost-
of-living increases are to be made to these benefits in
fiscal year 2012.
Interment in National Cemeteries of Parents of Certain Deceased
Veterans
Current Law
Under section 2402(5) of title 38, U.S.C., certain spouses,
surviving spouses, and minor children of servicemembers and
veterans who are eligible for burial in national cemeteries
are eligible to be interred in national cemeteries.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 303 of H.R. 3949, the Corey Shea Act, would give VA
the discretion to provide space-available burial to
qualifying parents in the gravesite of their deceased son or
daughter who, on or after October 7, 2001, died in combat or
died of a combat-related training injury and who has no other
eligible survivors as identified under section 2402(5) of
title 38, U.S.C. The term parent would mean the biological
mother or father or, in the case of adoption, the adoptive
mother or father.
Compromise Agreement
Section 502 of the Compromise Agreement follows the House
Bill.
Reports on Selection of New National Cemeteries
Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 174 would direct VA to establish a national cemetery
for veterans in the Southern Colorado area.
Compromise Agreement
Section 503 of the Compromise Agreement would require VA,
not later than one year following the date of enactment, to
report to Congress on the selection and construction of five
new national cemeteries in areas in Southern Colorado;
Melbourne and Daytona, Florida; Rochester and Buffalo, New
York; Tallahassee, Florida; and Omaha, Nebraska. The
Secretary would be required to solicit the advice and views
of State and local veterans organizations. The report would
be required to include a schedule for the establishment of
and the funds available for each such cemetery. The
Compromise Agreement would further require annual reports to
be submitted to Congress until the completion of the
cemeteries.
TITLE VI--COMPENSATION AND PENSION
Enhancement of Disability Compensation for Certain Disabled Veterans
With Difficulties Using Prostheses and Disabled Veterans in Need of
Regular Aid and Attendance for Residuals of Traumatic Brain Injury
Current Law
Currently, under subsections (a) through (j) of section
1114 of title 38, U.S.C., VA pays disability compensation to
a veteran based on the rating assigned to the veteran's
service-connected disabilities. Under subsections (m), (n),
and (o) of section 1114, higher levels of monthly
compensation are paid to veterans with severe disabilities if
certain criteria are satisfied. The criteria for compensation
under section 1114(m) include ``the anatomical loss . . . of
both legs at a level, or with complications, preventing
natural knee action with prostheses in place'' or ``the
anatomical loss . . . of one arm and one leg at levels, or
with complications, preventing natural elbow and knee action
with prostheses in place.'' The criteria for compensation
under section 1114(n) include ``the anatomical loss . . . of
both arms at levels, or with complications, preventing
natural elbow action with prostheses in place''; ``the
anatomical loss of both legs so near the hip as to prevent
the use of prosthetic appliances''; or ``the anatomical loss
of one arm and one leg so near the shoulder and hip as to
prevent the use of prosthetic appliances.'' The criteria for
compensation under section 1114(o) include ``the anatomical
loss of both arms so near the shoulder as to prevent the use
of prosthetic appliances.''
Currently, the monthly compensation under subsections (a)
through (j) of section 1114 ranges from $123 per month for a
single veteran with no dependents rated 10 percent to $2,673
per month for the same single veteran rated 100 percent.
Under section 1114(l) of title 38, U.S.C., VA provides a
higher amount of compensation, currently $3,327 per month for
a single veteran, if the veteran is ``in need of regular aid
and attendance.'' A veteran who requires regular aid and
attendance may be entitled to an additional $2,002 per month,
under section 1114(r)(1) of title 38, U.S.C., if the veteran
suffers from severe service-connected physical disabilities.
Also, under section 1114(r)(2), a higher level of aid and
attendance compensation, currently an additional $2,983 per
month, is provided to certain veterans with severe service-
connected disabilities who need ``a higher level of care'' in
addition to regular aid and attendance. Under section
1114(r)(2), this higher level of compensation generally is
provided only to a veteran who has suffered a severe
anatomical loss, who needs ``health-care services provided on
a daily basis in the veteran's home,'' and who would require
institutionalization in the absence of that care.
Senate Bill
Section 205(a) of H.R. 1037, as amended, would amend
subsections (m), (n), and (o) of section 1114 to remove the
provisions conditioning higher monthly compensation on the
site of, or complications from, an anatomical loss. Instead,
if the other requirements are satisfied, it would allow the
higher rates to be paid if any factors prevent natural elbow
or knee action with prostheses in place or prevent the use of
prosthetic appliances.
Section 205(b) of H.R. 1037, as amended, would add a new
subsection (t) to section 1114, which would provide that, if
a veteran is in need of regular aid and attendance due to the
residuals of traumatic brain injury, is not eligible for
compensation under section 1114(r)(2), and, in the absence of
regular aid and attendance, would require institutional care,
the veteran will be entitled to a monthly aid and attendance
allowance equivalent to the allowance provided under section
1114(r)(2).
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 601 of the Compromise Agreement follows the Senate
Bill.
Cost-of-Living Increase for Temporary Dependency and Indemnity
Compensation Payable for Surviving Spouses With Dependent Children
Under the Age of 18
Current Law
Under section 1310 of title 38, U.S.C., VA provides
dependency and indemnity compensation (DIC) to a surviving
spouse if a veteran's death resulted from: (1) a disease or
injury incurred or aggravated in the line of duty while on
active duty or active duty for training; (2) an injury
incurred or aggravated in the line of duty while on inactive
duty for training; or (3) a service-connected disability or a
condition directly related to a service-connected disability.
Section 301 of Public Law 108-454, the Veterans Benefits
Improvement Act of 2004, amended section 1311 of title 38,
U.S.C., to authorize VA to pay a $250 per month temporary
benefit to a surviving spouse with one or more children below
the age of 18, during the 2 years following the date on which
entitlement to DIC began. This provision was enacted in
response to a May 2001 program evaluation report
recommendation on the need for transitional DIC.
Senate Bill
Section 201 of H.R. 1037, as amended, would amend section
1311(f) of title 38, U.S.C., by authorizing a permanent,
automatic, cost-of-living adjustment for this temporary DIC
payment so that the value of the benefit does not erode over
time.
This cost-of-living increase would occur whenever there is
an increase in benefit amounts payable under title II of the
Social Security Act, section 401 et seq., title 42, U.S.C.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 602 of the Compromise Agreement follows the Senate
bill.
Payment of Dependency and Indemnity Compensation to Survivors of Former
Prisoners of War Who Died on or Before September 30, 1999
Current Law
Under chapter 13 of title 38, U.S.C., DIC is paid to the
surviving spouse or children of a veteran when the veteran's
death is a result of a service-connected disability. In
addition, VA provides DIC to the surviving spouses and
children of veterans who have died after service from a non-
service-connected disability if the veteran had been totally
disabled due to a service-connected disability for a
continuous period of 10 or more years immediately preceding
death or for a continuous period of at least 5 years after
the veteran's release from service.
Prior to Public Law 106-117, the Veterans Millennium Health
Care and Benefits Act,
[[Page S7662]]
the survivors of former Prisoners of War (POWs) were eligible
for DIC under the same rules as all other survivors. Section
501 of Public Law 106-117 extended eligibility for DIC to the
survivors of former POWs who died after September 30, 1999,
from non-service-connected causes if the former POWs were
totally disabled due to a service-connected cause for a
period of 1 or more years, rather than 10 or more years,
immediately prior to death.
Senate Bill
Section 208 of H.R. 1037, as amended, would amend section
1318(b)(3) of title 38, U.S.C., to make all survivors of
former POWs eligible for DIC if the veteran died from non-
service-connected causes and was totally disabled due to a
service-connected condition for a period of 1 or more years
immediately prior to death, without regard to date of death.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 603 of the Compromise Agreement follows the Senate
bill.
Exclusion of Certain Amounts From Consideration as Income for Purposes
of Veterans Pension Benefits
Current Law
Under chapter 15 of title 38, U.S.C., VA is authorized to
pay pension benefits to wartime veterans who have limited or
no income, and who are ages 65 or older, or, if under 65, who
are permanently and totally disabled.
When calculating annual income for purposes of these
pension benefits, section 1503 of title 38, U.S.C.,
authorizes VA to include income received by the veteran and
from most sources. However, certain sources of income, such
as donations from public or private relief or welfare
organizations, are not taken into account.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 604 of the Compromise Agreement would exclude, for
purposes of determining income for pension eligibility, up to
$5,000, paid to a veteran from a State or municipality, if
the benefit was paid due to the veteran's injury or disease.
Commencement of Period of Payment of Original Awards of Compensation
for Veterans Retired or Separated From the Uniformed Services for
Catastrophic Disability
Current Law
Under section 5110(b)(1) of title 38, U.S.C., if a veteran
files a claim for VA disability compensation within 1 year
after being discharged from military service, the effective
date of an award of service connection will be the day after
the date of discharge. However, under section 5111(a) of
title 38, U.S.C., the effective date for payment of
compensation based on that award will not be until the first
day of the month following the month in which the service-
connection award is effective.
Senate Bill
Section 206 of H.R. 1037, as amended, would amend section
5111 of title 38, U.S.C., to provide that, if a veteran is
retired from the military for a catastrophic disability or
disabilities, payment of disability compensation based on an
original claim for benefits will be made as of the date on
which the award of compensation becomes effective.
``Catastrophic disability'' would be defined as a permanent,
severely disabling injury, disorder, or disease that
compromises the ability of the veteran to carry out the
activities of daily living to such a degree that the veteran
requires personal or mechanical assistance to leave home or
bed, or requires constant supervision to avoid physical harm
to self or others.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 605 of the Compromise Agreement follows the Senate
Bill.
Applicability of Limitation to Pension Payable to Certain Children of
Veterans of a Period of War
Current Law
Under current law, a veteran with no dependents who is
entitled to receive pension under section 1521 of title 38,
U.S.C., cannot be paid more than $90 per month if the veteran
is in a nursing facility where services are covered by a
Medicaid plan. In instances where a veteran's surviving
spouse is entitled to receive pension under section 1541 of
title 38, U.S.C., the surviving spouse also cannot be paid
more than $90 per month if the surviving spouse has no
dependents and is in a nursing facility where services are
covered by a Medicaid plan. The $90 pension benefit may not
be counted in determining eligibility for Medicaid or the
patient's share of cost.
Under section 101(4)(A) of title 38, U.S.C., a child is
defined as a person who is unmarried and under the age of 18
years; before reaching the age of 18 years, became
permanently incapable of self-support; or, after attaining
the age of 18 years and until completion of education or
training, but not after attaining the age of 23 years, is
pursuing a course of instruction at an approved educational
institution. Such a child is entitled to pension under
section 1542 of title 38, U.S.C., if the income of the child
is less than the statutory benefit amount payable to the
child. If such a child is admitted to a nursing facility
where services are covered by a Medicaid plan, the pension
benefits for the child are not currently reduced to $90.
Senate Bill
Section 207 of H.R. 1037, as amended, would amend section
5503 of title 38, U.S.C., so that adult-disabled children of
veterans who receive pension under section 1542 of title 38,
U.S.C., and are covered by a Medicaid plan while residing in
nursing homes, would have their pension benefits reduced in
the same manner as veterans and surviving spouses.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 606 of the Compromise Agreement follows the Senate
bill.
Extension of Reduced Pension for Certain Veterans Covered by Medicaid
Plans for Services Furnished by Nursing Facilities
Current Law
Public Law 101-508, the Omnibus Budget Reconciliation Act
of 1990, reduced VA pension for certain veterans in receipt
of Medicaid-covered nursing home care to no more than $90 per
month, for any period after the month of admission to the
nursing care facility. This authority expired on September
30, 1992, and was extended through 1997 in Public Law 102-
568, the Veterans' Benefits Act of 1992; through 1998 in
Public Law 103-66, the Omnibus Budget Reconciliation Act of
1993; through 2002 in Public Law 105-33, the Balanced Budget
Act of 1997; through 2008 in Public Law 106-419, the
Veterans' Benefits and Health Care Improvement Act of 2000;
and through 2011 in Public Law 107-103, the Veterans'
Education and Benefits Expansion Act of 2001.
Senate Bill
Section 204 of H.R. 1037, as amended, would amend section
5503(d)(7) of title 38, U.S.C., to extend, from September 30,
2011, to September 30, 2014, the authority for limitation of
VA pension to $90 per month for certain beneficiaries
receiving Medicaid-covered nursing home care.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 607 of the Compromise Agreement follows the Senate
bill, except that the limitation would be extended until May
31, 2015.
Codification of 2009 Cost-of-Living Adjustment in Rates of Pension for
Disabled Veterans and Surviving Spouses and Children
Current Law
Under current law, section 5312 of title 38, U.S.C.,
whenever there is an increase in benefits payable under title
II of the Social Security Act, VA automatically increases
pension benefits by the same percentage increase.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 608 of the Compromise Agreement codifies current
pension rates for disabled veterans and surviving spouses and
children.
TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Clarification That USERRA Prohibits Wage Discrimination Against Members
of the Armed Forces
Current Law
Under current law, section 4311(a) of title 38, U.S.C.,
employers may not deny any ``benefit of employment'' to
employees or applicants on the basis of membership in the
uniformed services, application for service, performance of
service, or service obligation. However, the U.S. Court of
Appeals for the Eighth Circuit held in 2002 that USERRA does
not prohibit wage discrimination because ``wages or salary
for work performed'' are specifically excluded from the law's
definition of ``benefit of employment.'' Gagnon v. Sprint
Corp., 284 F.3d 839, 853 (8th Cir. 2002).
Senate Bill
Section 403 of H.R. 1037, as amended, would amend section
4303(2) of title 38, U.S.C., to make it clear that wage
discrimination is not permitted under USERRA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 701 of the Compromise Agreement follows the Senate
Bill.
Clarification of the Definition of ``Successor in Interest''
Current Law
Section 4303 of title 38, U.S.C., uses a broad definition
of the term ``employer'' and includes in subsection
(4)(A)(iv) a definition of
[[Page S7663]]
a ``successor in interest.'' In regulations, the Department
of Labor has provided that an employer is a ``successor in
interest'' where there is a substantial continuity in
operations, facilities and workforce from the former
employer. It further stipulates that the determination of
whether an employer is a successor in interest must be made
on a case-by-case basis using a multifactor test (20 C.F.R.
Sec. 1002.35). One Federal court, however, in a decision made
prior to the promulgation of the regulation, held that an
employer could not be a successor in interest unless there
was a merger or transfer of assets from the first employer to
the second. (See Coffman v. Chugach Support Services Inc.,
411 F.3d 1231 (11th Cir. 2005); but see Murphree v.
Communications Technologies, Inc., 460 F. Supp. 2d 702 (E.D.
La 2006) applying 20 C.F.R. Sec. 1002.35 and rejecting the
Coffman merger or transfer of assets requirement.)
Senate Bill
Section 402 of H.R. 1037, as amended, would amend section
4303 of title 38, U.S.C., to clarify the definition of
``successor in interest'' by incorporating language that
mirrors the regulatory definition adopted by the Department
of Labor.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 702 of the Compromise Agreement follows the Senate
bill.
Technical Amendments
Senate Bill
Section 406 of H.R. 1037, as amended, would make three
technical and conforming changes to various provisions of law
in order to correct cross references to various USERRA
provisions contained in chapter 43 of title 38, U.S.C., and
clarify existing language in the USERRA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 703 of the Compromise Agreement follows the Senate
Bill.
TITLE VIII--BENEFITS MATTERS
Increase in Number of Veterans for Which Programs of Independent Living
Services and Assistance May be Initiated
Current Law
Section 3120(e) of title 38, U.S.C., authorizes VA to
initiate a program of independent living services for no more
than 2,600 service-connected disabled veterans in each fiscal
year.
Senate Bill
Section 301 of H.R. 1037, as amended, would eliminate the
annual cap on the number of service-connected disabled
veterans who may enroll in a program of independent living.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 801 of the Compromise Agreement would increase to
2,700 the number of veterans who may initiate a program of
independent living services in any fiscal year.
Payment of Unpaid Balances of Department of Veterans Affairs Guaranteed
Loans
Current Law
Under current law, section 3732 of title 38, U.S.C.,
provides default procedures for VA home loans and illustrates
the actions VA may take to preserve the loan before suit or
foreclosure. However, it does not address what would occur in
the event an individual files for bankruptcy and a loan is
modified under the authority provided under section 1322(b)
of title 11.
Senate Bill
Section 304 of H.R. 1037, as amended, would amend section
3732(a)(2) by adding a new subparagraph that would authorize
additional default procedures for VA home loans in the event
that a VA home loan is modified under the authority provided
under section 1322(b) of title 11. This new authority would
allow VA to pay the holder of the obligation the unpaid
balance of the obligation, plus accrued interest, due as of
the date of the filing of the petition under title 11, but
only upon the assignment, transfer, and delivery to VA in a
form and manner satisfactory to VA of all rights, interest,
claims, evidence, and records with respect to the housing
loan.
House Bill
The House bills contain no comparable provision.
Compromise Agreement
Section 802 of the Compromise Agreement follows the Senate
Bill.
Eligibility of Disabled Veterans and Members of the Armed Forces With
Severe Burn Injuries for Automobiles and Adaptive Equipment
Current Law
Under current law, section 3901 of title 38, U.S.C.,
veterans and members of the Armed Forces are eligible for
assistance with automobiles and adaptive equipment if they
suffer from one of three qualifying service-connected
disabilities: loss or permanent loss of use of one or both
feet; loss or permanent loss of use of one or both hands; or
a central visual acuity of 20/200 or less or a peripheral
field of vision of 20 degrees or less.
Senate Bill
Section 302 of H.R. 1037, as amended, would amend section
3901 of title 38, U.S.C., so as to include individuals with a
service-connected disability due to a severe burn injury,
effective October 1, 2010. The scope and definition of what
constitutes a disability due to a severe burn injury would be
determined pursuant to regulations prescribed by VA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 803 of the Compromise Agreement follows the Senate
Bill, except that provision would take effect on October 1,
2011.
Enhancement of Automobile Assistance Allowance for Veterans
Current Law
Under current law, section 3902 of title 38, U.S.C.,
provides up to $11,000 to eligible veterans and
servicemembers for the purchase of an automobile or other
conveyance and adaptive equipment to safely operate either.
Senate Bill
Section 303 of H.R. 1037, as amended, would amend section
3902 of title 38, U.S.C., to increase the maximum authorized
automobile assistance allowance from $11,000 to $22,500,
effective October 1, 2010. Section 303 would also direct VA
to establish a method of determining the average retail cost
of new automobiles for the preceding calendar year. The
maximum allowance would increase, effective October 1 of each
fiscal year, beginning in 2011, to an amount equal to 80
percent of what VA determined to be the average retail cost
of new automobiles for the preceding calendar year.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 804 of the Compromise Agreement would generally
follow the Senate Bill. However, the amount of the allowance
was increased to $18,900 instead of $22,500. This allowance
would be adjusted October 1 of each year, beginning in 2011,
by a percentage equal to the percentage by which the Consumer
Price Index for all urban consumers (U.S. city average)
increased during the 12-month period ending with the last
month for which Consumer Price Index data is available. If
the Consumer Price Index does not increase, the amount of the
allowance will remain the same as the previous fiscal year.
National Academies Review of Best Treatments for Gulf War Illness
Current Law
Current law contains no relevant provision.
Senate Bill
Section 601 of H.R. 1037, as amended, would require VA to
contract with the Institute of Medicine to gather a group of
medical professionals, who are experienced in treating
individuals diagnosed with Gulf War Illness, in order to
conduct a comprehensive review of the best treatments for
this illness. The individuals these medical professionals
must have experience treating must have served during the
Persian Gulf War in the Southwest Asia theater of operations,
or in Afghanistan, Iraq, or any other theater in which the
Global War on Terrorism Expeditionary Medal is awarded for
service.
The final report on the review required by this section
must be submitted to VA and the House and Senate Committees
on Veterans' Affairs by December 31, 2011, and include
recommendations for legislative or administrative actions as
the Institute of Medicine considers appropriate in light of
the results of that review.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 805 of the Compromise Agreement generally follows
the Senate Bill except that the final report is due to the
Committees by December 31, 2012, and the term ``chronic
multisymptom illness'' replaces the term ``Gulf War
Illness.''
Extension and Modification of National Academy of Sciences Reviews and
Evaluations on Illness and Service in Persian Gulf War and Post 9/11
Global Operations Theaters
Current Law
Public Law 105-277, the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999, required VA to enter
into an agreement with the National Academy of Sciences to
review and evaluate the available scientific evidence
regarding associations between illnesses and exposure to
toxic agents, environmental or wartime hazards, or preventive
medicines or vaccines associated with Persian Gulf War
service. Congress extended these reviews and evaluations in
Public Law 107-103, the Veterans Education and Benefits
Expansion Act of 2001. This requirement will expire on
October 1, 2010.
Public Law 105-368, the Veterans Programs Enhancement Act
of 1998, required the National Academy of Sciences to examine
the scientific and medical literature on the potential health
effects of chemical and biological agents related to the 1991
Gulf War. The requirement for this examination ended in 2009.
Senate Bill
Section 602 of H.R. 1037, as amended, would extend until
October 1, 2015, the mandate for
[[Page S7664]]
the National Academy of Sciences to review and evaluate
scientific evidence regarding associations between illnesses
and exposure. Section 602(b) would extend until October 1,
2018, the requirement for the National Academy of Sciences to
report on the health effects of exposure.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 806 of the Compromise Agreement generally follows
the Senate Bill except that it requires the disaggregation of
results by theaters of operations before and after September
11, 2001.
Extension of Authority for Regional Office in Republic of the
Philippines
Current Law
Current law, section 315(b) of title 38, U.S.C., authorizes
VA to maintain a regional office in the Republic of the
Philippines until December 31, 2010. Congress has
periodically extended this authority, most recently in Public
Law 111-117, the Consolidated Appropriations Act, 2010.
Senate Bill
Section 603 of H.R. 1037, as amended, would authorize VA to
maintain a regional office in the Republic of the Philippines
until December 31, 2011.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 807 of the Compromise Agreement follows the Senate
Bill, and adds that within one year, the Comptroller General
would be required to provide a report to the House and Senate
Committees on Veterans' Affairs and Appropriations on the
activities of the Manila Regional Office. This report would
also include an assessment of the costs and benefits of
maintaining the office in the Philippines in comparison with
moving the activities of the office to the United States.
Extension of an Annual Report on Equitable Relief
Current Law
Under current law, VA is authorized to provide monetary
relief to persons whom the Secretary determines were deprived
of VA benefits by reason of administrative error by a federal
government employee. The Secretary may also provide relief
which the Secretary determines is equitable to a VA
beneficiary who has suffered a loss as a consequence of an
erroneous decision made by a federal government employee. No
later than April 1 of each year, the Secretary was required
to submit to Congress a report containing a statement as to
the disposition of each case recommended to the Secretary for
equitable relief during the preceding calendar year; the
requirement for this report was extended through December 31,
2009, by Public Law 109-233, the Veterans' Housing
Opportunity and Benefits Improvement Act of 2006.
Senate Bill
The Senate Bills contains no comparable provision.
House Bill
The House Bills contains no comparable provision.
Compromise Agreement
The Compromise Agreement extends the requirement for the
report on equitable relief through December 31, 2014.
Authority for the Performance of Medical Disability Examinations by
Contract Physicians
Current Law
In 1996, in Public Law 104-275, the Veterans' Benefits
Improvements Act of 1996, VA was authorized to carry out a
pilot program of contract disability examinations through ten
VA regional offices using amounts available for payment of
compensation and pensions. During the initial pilot program,
one contractor performed all contract examinations at the ten
selected regional offices.
Subsequently, in 2003, in Public Law 108-183, the Veterans
Benefits Act of 2003, VA was given additional, time-limited
authority to contract for disability examinations using other
appropriated funds. That initial authority was extended until
December 31, 2010, by Public Law 110-389, the Veterans'
Benefits Improvement Act of 2008. VA continues to report high
demand for compensation and pension examinations and
satisfaction with the contracted examinations.
Senate Bill
S. 3609 would extend VA's authority, through December 31,
2012, to use appropriated funds for the purpose of
contracting with non-VA providers to conduct disability
examinations. The examinations would be conducted pursuant to
contracts entered into and administered by the Under
Secretary for Benefits.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 809 of the Compromise Agreement follows the Senate
Bill.
TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES
Authorization of Fiscal Year 2011 Major Medical Facility Leases
Current Law
Current law contains no relevant provision.
Senate Bill
Section 203 of S. 3325, as amended, would authorize fiscal
year 2011 major medical facility leases as follows:
$7,149,000 for a Community Based Outpatient Clinic (CBOC)
in Billings, Montana.
$3,316,000 for an Outpatient Clinic in Boston,
Massachusetts.
$21,495,000 for a CBOC in San Diego, California.
$10,055,000 for a Research Lab in San Francisco,
California.
$5,323,000 for a Mental Health Facility in San Juan, Puerto
Rico.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 901 of the Compromise Agreement follows the Senate
Bill.
Modification of Authorization Amount for Major Medical Facility
Construction Project Previously Authorized for the Department of
Veterans Affairs Medical Center, New Orleans, Louisiana
Current Law
Current law contains no relevant provision.
Senate Bill
Section 201 of S. 3325, as amended, authorizes up to
$995,000,000 for restoration, new construction, or
replacement of the medical care facility for the VA Medical
Center (VAMC) at New Orleans, Louisiana.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 902 of the Compromise Agreement modifies previous
authorizations by providing $995,000,000 for restoration, new
construction, or replacement of the medical care facility for
the VAMC at New Orleans, Louisiana.
Modification of Authorization Amount for Major Medical Facility
Construction Project Previously Authorized for the Department of
Veterans Affairs Medical Center, Long Beach, California
Current Law
Current law contains no relevant provision.
Senate Bill
Section 202 of S. 3325, as amended, authorizes up to
$117,845,000 to conduct seismic corrections on Buildings 7
and 126 at the VAMC in Long Beach, California.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 903 of the Compromise Agreement modifies previous
authorizations by providing $117,845,000 to conduct seismic
corrections on Buildings 7 and 126 at the VAMC in Long Beach,
California.
Authorization of Appropriations
Current Law
Current law contains no relevant provision.
Senate Bill
Section 204 of S. 3325, as amended, authorizes $47,338,000
to be appropriated to the Medical Facilities account for the
leases authorized in section 901 and $1,112,845,000 to be
appropriated to the Construction, Major Projects account for
the projects authorized in sections 902 and 903.
House Bill
The House Bills contain no applicable provision.
Compromise Agreement
Section 904 of the Compromise Agreement generally follows
the Senate Bill.
Requirement That Bid Savings on Major Medical Facility Projects of
Department of Veterans Affairs be Used for Other Major Medical Facility
Construction Projects of the Department
Current Law
Current law contains no relevant provision.
Senate Bill
Section 207 of S. 3325, as amended, contains a provision
that requires that bid savings from major medical facility
projects realized in any fiscal year must be used for major
medical facility projects authorized for that fiscal year or
a prior year. At the time of obligation, VA would be required
to submit to the Committees on Veterans' Affairs and
Appropriations of the Senate and the House of Representatives
notice of the source of the savings, the amount obligated,
and the authorized project the savings are being obligated
to.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 905 of the Compromise Agreement follows the Senate
Bill.
TITLE X--OTHER MATTERS
Technical Corrections
Current Law
Current law contains no relevant provision.
[[Page S7665]]
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 1001 of the Compromise Agreement contains technical
corrections to title 38, U.S.C.
Statutory Pay-as-You-Go Act Compliance
Current Law
Public Law 111-139, the Statutory Pay-As-You-Go Act (PAYGO
Act), requires that most new spending is offset by spending
cuts or added revenue elsewhere.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 1002 of the Compromise Agreement contains language
required by the PAYGO Act in order for the estimate of
budgetary effects from the Senate Budget Committee to be used
by the Office of Management and Budget on PAYGO scorecards.
Mr. DURBIN. I ask unanimous consent that an Akaka substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time; that a budgetary pay-go statement be considered read
and printed in the Record; that the bill be passed; that the title
amendment which is at the desk be agreed to; the motions to reconsider
be laid upon the table, with no intervening action or debate; and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CONRAD. Mr. President, this is the Statement of Budgetary Effects
of PAYGO legislation for H.R. 3219, as amended.
Total Budgetary Effects of H.R. 3219 for the 5-year
Statutory PAYGO Scorecard: net decrease in the deficit of
$394 million.
Total Budgetary Effects of H.R. 3219 for the 10-year
Statutory PAYGO Scorecard: net decrease in the deficit of $8
million.
Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act, as follows:
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3219, THE VETERANS' BENEFITS ACT OF 2010 AS PROVIDED BY THE SENATE COMMITTEE ON THE BUDGET
ON SEPTEMBER 27, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit
Statutory Pay-As-You-Go Impact 0 0 -154 -70 -115 -55 74 74 77 79 82 -394 -8
a.............................
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a H.R. 3219 contains provisions that would both increase and decrease direct spending for eterans' programs. Affected programs include veterans'
education and employment benefits, disability compensation and pensions, burial benefits, and housing and insurance benefits for disabled veterans.
The amendment (No. 4671) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill, as amended,
read a third time.
The bill (H.R. 3219) was read the third time and passed.
The amendment (No. 4672) was agreed to, as follows:
(Purpose: to amend the title)
Amend the title so as to read: ``An Act to amend title 38,
United States Code, and the Servicemembers Civil Relief Act
to make certain improvements in the laws administered by the
Secretary of Veterans Affairs, and for other purposes.
____________________