[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9749-H9772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS BENEFITS IMPROVEMENT ACT OF 2004
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 2486) to amend title 38, United States Code,
to improve and extend housing, education, and other benefits under the
laws administered by the Secretary of Veterans Affairs, and for other
purposes.
The Clerk read as follows:
S. 2486
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Benefits Improvement Act of 2004''.
(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--VETERANS EARN AND LEARN ACT
Sec. 101. Short title.
Sec. 102. Modification of benefit entitlement charges for certain on-
job training programs.
Sec. 103. Increase in benefit for individuals pursuing apprenticeship
or on-job training.
Sec. 104. Authority for competency-based apprenticeship programs.
Sec. 105. Ten-year extension of delimiting period for survivors' and
dependents' educational assistance for spouses of members
who die on active duty.
Sec. 106. Availability of education benefits for payment for national
admissions exams and national exams for credit at
institutions of higher education.
Sec. 107. Requirement for coordination of data among the Departments of
Veterans Affairs, Defense, and Labor with respect to on-
job training.
Sec. 108. Pilot program to provide on-job benefits to train Department
of Veterans Affairs' claims adjudicators.
Sec. 109. Collection of payment for educational assistance under
Montgomery GI Bill from members of the Selected Reserve
called to active duty.
Sec. 110. Technical and conforming amendments.
TITLE II--EMPLOYMENT MATTERS
Subtitle A--Employment and Reemployment Rights
Sec. 201. Two-year period of continuation of employer-sponsored health
care coverage.
[[Page H9750]]
Sec. 202. Reinstatement of reporting requirements.
Sec. 203. Requirement for employers to provide notice of rights and
duties under USERRA.
Sec. 204. Demonstration project for referral of USERRA claims against
Federal agencies to the Office of Special Counsel.
Subtitle B--Other Matters
Sec. 211. Report of employment placement, retention, and advancement of
recently separated servicemembers.
TITLE III--BENEFITS MATTERS
Sec. 301. Additional dependency and indemnity compensation for
surviving spouses with dependent children.
Sec. 302. Offset of veterans' disability compensation and dependency
and indemnity compensation from awards under radiation
exposure compensation program.
Sec. 303. Exclusion of life insurance proceeds from consideration as
income for veterans' pension purposes.
Sec. 304. Certain service-connected disability benefits authorized for
persons disabled by treatment or vocational
rehabilitation provided by the Department of Veterans
Affairs.
Sec. 305. Effective date of death pension.
Sec. 306. Codification of administrative actions relating to
presumptions of service connection for veterans exposed
to ionizing radiation.
Sec. 307. Codification of cost-of-living adjustment provided in Public
Law
108-47.
Sec. 308. Cross-reference amendments relating to concurrent payment of
retired pay and veterans' disability compensation.
TITLE IV--HOUSING MATTERS
Sec. 401. Authority to provide specially adapted housing to certain
disabled veterans.
Sec. 402. Transitional housing amendments.
Sec. 403. Increase in maximum amount of home loan guaranty for
construction and purchase of homes and annual indexing of
amount.
Sec. 404. Extension of authority for guarantee of adjustable rate
mortgages.
Sec. 405. Extension and improvement of authority for guarantee of
hybrid adjustable rate mortgages.
Sec. 406. Termination of collection of loan fees from veterans rated
eligible for compensation at pre-discharge rating
examinations.
Sec. 407. Three-year extension of Native American veteran housing loan
pilot program.
TITLE V--MATTERS RELATING TO FIDUCIARIES
Sec. 501. Definition of fiduciary.
Sec. 502. Inquiry, investigations, and qualification of fiduciaries.
Sec. 503. Misuse of benefits by fiduciaries.
Sec. 504. Additional protections for beneficiaries with fiduciaries.
Sec. 505. Annual report.
Sec. 506. Annual adjustment in benefits thresholds.
Sec. 507. Effective dates.
TITLE VI--MEMORIAL AFFAIRS MATTERS
Sec. 601. Designation of Prisoner of War/Missing in Action National
Memorial, Riverside National Cemetery, Riverside,
California.
Sec. 602. Lease of certain National Cemetery Administration property.
Sec. 603. Exchanges of real property for national cemeteries.
TITLE VII--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 701. Clarification of meaning of ``judgment'' as used in the Act.
Sec. 702. Requirements relating to waiver of rights under the Act.
Sec. 703. Right of servicemember plaintiffs to request stay of civil
proceedings.
Sec. 704. Termination of leases.
TITLE VIII--OTHER MATTERS
Sec. 801. Principal office of United States Court of Appeals for
Veterans Claims.
Sec. 802. Technical amendments relating to the United States Court of
Appeals for Veterans Claims.
Sec. 803. Extension of biennial report of Advisory Committee on Former
Prisoners of War.
Sec. 804. Availability of administrative and judicial redress for
certain veterans denied opportunity to compete for
Federal employment.
Sec. 805. Report on servicemembers' and veterans' awareness of benefits
and services available under laws administered by
Secretary of Veterans Affairs.
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--VETERANS EARN AND LEARN ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Veterans Earn and Learn
Act of 2004''.
SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR
CERTAIN ON-JOB TRAINING PROGRAMS.
(a) In General.--Section 3687 is amended by adding at the
end the following new subsection:
``(e)(1) For each month that an individual (as defined in
paragraph (3)) is paid a training assistance allowance under
subsection (a), the entitlement of the individual shall be
charged at a percentage rate (rounded to the nearest percent)
that is equal to the ratio of--
``(A) the training assistance allowance for the month
involved, to
``(B) the monthly educational assistance allowance
otherwise payable for full-time enrollment in an educational
institution.''.
``(2) For any month in which an individual fails to
complete 120 hours of training, the entitlement otherwise
chargeable under paragraph (1) shall be reduced in the same
proportion as the monthly training assistance allowance
payable is reduced under subsection (b)(3).
``(3) In this section, the term `individual' means--
``(A) an eligible veteran who is entitled to monthly
educational assistance allowances payable under section
3015(e) of this title, or
``(B) an eligible person who is entitled to monthly
educational assistance allowances payable under section
3532(a) of this title,
as the case may be.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to months beginning after September
30, 2005.
SEC. 103. INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING
APPRENTICESHIP OR ON-JOB TRAINING.
(a) Montgomery GI Bill.--For months beginning on or after
October 1, 2005, and before January 1, 2008, subsection
(c)(1) of section 3032 of title 38, United States Code, shall
be applied as if--
(1) the reference to ``75 percent'' in subparagraph (A)
were a reference to ``85 percent'';
(2) the reference to ``55 percent'' in subparagraph (B)
were a reference to ``65 percent''; and
(3) the reference to ``35 percent'' in subparagraph (C)
were a reference to ``45 percent''.
(b) Post-Vietnam Era Veterans' Educational Assistance.--For
months beginning on or after October 1, 2005, and before
January 1, 2008, subsection (a) of section 3233 of title 38,
United States Code, shall be applied as if--
(1) the reference to ``75 percent'' in paragraph (1) were a
reference to ``85 percent'';
(2) the reference to ``55 percent'' in paragraph (2) were a
reference to ``65 percent''; and
(3) the reference to ``35 percent'' in paragraph (3) were a
reference to ``45 percent''.
(c) Survivors and Dependents Educational Assistance.--(1)
For months beginning on or after October 1, 2005, and before
January 1, 2008, subsection (b)(2) of section 3687 of title
38, United States Code, shall be applied as if--
(A) the reference to ``$574 for the first six months'' were
a reference to ``$650 for the first six months'';
(B) the reference to ``$429 for the second six months''
were a reference to ``$507 for the second six months''; and
(C) the reference to ``$285 for the third six months'' were
a reference to ``$366 for the third six months''.
(2) Subsection (d) of such section 3687 shall not apply
with respect to the provisions of paragraph (1) for months
occurring during fiscal year 2006.
(3) For months beginning on or after January 1, 2008, the
Secretary shall carry out subsection (b)(2) of such section
3687 as if paragraphs (1) and (2) were not enacted into law.
(d) Selected Reserve Montgomery GI Bill.--For months
beginning on or after October 1, 2005, and before January 1,
2008, Subsection (d)(1) of section 16131 of title 10, United
States Code, shall be applied as if--
(1) the reference to ``75 percent'' in subparagraph (A)
were a reference to ``85 percent'';
(2) the reference to ``55 percent'' in subparagraph (B)
were a reference to ``65 percent''; and
(3) the reference to ``35 percent'' in subparagraph (C)
were a reference to ``45 percent''.
SEC. 104. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP
PROGRAMS.
(a) In General.--Section 3672(c) is amended--
(1) by striking ``(1)'' and ``(2)'' and inserting ``(A)''
and ``(B)'', respectively;
(2) by inserting ``(1)'' after ``(c)''; and
(3) by adding at the end the following new paragraphs:
``(2) The period of a program of apprenticeship may be
determined based upon a specific period of time (commonly
referred to as a `time-based program'), based upon the
demonstration of successful mastery of skills (commonly
referred to as a `competency-based program'), or based upon a
combination thereof.
[[Page H9751]]
``(3)(A) In the case of a competency-based program of
apprenticeship, State approving agencies shall determine the
period for which payment may be made for such a program under
chapters 30 and 35 of this title and chapter 1606 of title
10. In determining the period of such a program, State
approving agencies shall take into consideration the
approximate term of the program recommended in registered
apprenticeship program standards recognized by the Secretary
of Labor.
``(B) The sponsor of a competency-based program of
apprenticeship shall provide notice to the State approving
agency involved of any such standards that may apply to the
program and the proposed approximate period of training under
the program.
``(4) The sponsor of a competency-based program of
apprenticeship shall notify the Secretary upon the successful
completion of a program of apprenticeship by an individual
under chapter 30 or 35 of this title, or chapter 1606 of
title 10, as the case may be.''.
(b) Increased Use of Apprenticeships.--Section 3672(d)(1)
is amended by adding at the end the following new sentence:
``The Secretary of Labor shall provide assistance and
services to the Secretary, and to State approving agencies,
to increase the use of apprenticeships.''.
(c) Funding for Department Computer System Modifications.--
From amounts appropriated to the Department of Veterans
Affairs for fiscal year 2005 for readjustment benefits, the
Secretary of Veterans Affairs shall use an amount not to
exceed $3,000,000 to modify computer systems and to develop
procedures required to carry out the amendments made by
subsection (a) and sections 102 and 103.
SEC. 105. TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR
SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE FOR SPOUSES OF MEMBERS WHO DIE ON
ACTIVE DUTY.
Section 3512(b)(1) is amended--
(1) in subparagraph (A), by striking ``in subparagraph
(B)'' and inserting ``in subparagraph (B) or (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph who is made eligible under
section 3501(a)(1)(B) of this title by reason of the death of
a person on active duty may be afforded educational
assistance under this chapter during the 20-year period
beginning on the date (as determined by the Secretary) such
person becomes an eligible person within the meaning of such
section.''.
SEC. 106. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR
NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS
FOR CREDIT AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Covered Exams.--Sections 3452(b) and 3501(a)(5) are
each amended by adding at the end the following new sentence:
``Such term also includes national tests for admission to
institutions of higher learning or graduate schools (such as
the Scholastic Aptitude Test (SAT), Law School Admission Test
(LSAT), Graduate Record Exam (GRE), and Graduate Management
Admission Test (GMAT)) and national tests providing an
opportunity for course credit at institutions of higher
learning (such as the Advanced Placement (AP) exam and
College-Level Examination Program (CLEP)).''.
(b) Amount of Payment.--
(1) Chapter 30.--Section 3032 is amended by adding at the
end the following new subsection:
``(g)(1) Subject to paragraph (3), the amount of
educational assistance payable under this chapter for a
national test for admission or national test providing an
opportunity for course credit at institutions of higher
learning described in section 3452(b) of this title is the
amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the
case of any individual for a test described in paragraph (1)
is equal to the number (including any fraction) determined by
dividing the total amount of educational assistance paid such
individual for such test by the full-time monthly
institutional rate of educational assistance, except for
paragraph (1), such individual would otherwise be paid under
subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of
this title, as the case may be.
``(3) In no event shall payment of educational assistance
under this subsection for a test described in paragraph (1)
exceed the amount of the individual's available entitlement
under this chapter.''.
(2) Chapter 32.--Section 3232 is amended by adding at the
end the following new subsection:
``(d)(1) Subject to paragraph (3), the amount of
educational assistance payable under this chapter for a
national test for admission or national test providing an
opportunity for course credit at institutions of higher
learning described in section 3452(b) of this title is the
amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the
case of any individual for a test described in paragraph (1)
is equal to the number (including any fraction) determined by
dividing the total amount of educational assistance paid such
individual for such test by the full-time monthly
institutional rate of educational assistance, except for
paragraph (1), such individual would otherwise be paid under
this chapter.
``(3) In no event shall payment of educational assistance
under this subsection for a test described in paragraph (1)
exceed the amount of the individual's available entitlement
under this chapter.''.
(3) Chapter 35.--Section 3532 is amended by adding at the
end the following new subsection:
``(g)(1) Subject to paragraph (3), the amount of
educational assistance payable under this chapter for a
national test for admission or national test providing an
opportunity for course credit at institutions of higher
learning described in section 3501(a)(5) of this title is the
amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the
case of any individual for a test described in paragraph (1)
is equal to the number (including any fraction) determined by
dividing the total amount of educational assistance paid such
individual for such test by the full-time monthly
institutional rate of educational assistance, except for
paragraph (1), such individual would otherwise be paid under
this chapter.
``(3) In no event shall payment of educational assistance
under this subsection for a test described in paragraph (1)
exceed the amount of the individual's available entitlement
under this chapter.''.
SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE
DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND
LABOR WITH RESPECT TO ON-JOB TRAINING.
Section 3694 is amended--
(1) by striking ``In carrying out'' and inserting ``(a) In
General.--In carrying out''; and
(2) by adding at the end the following new subsection:
``(b) Coordination of Information Among the Departments of
Veterans Affairs, Defense, and Labor With Respect to On-Job
Training.--At the time of a servicemember's discharge or
release from active duty service, the Secretary of Defense
shall furnish to the Secretary such pertinent information
concerning each registered apprenticeship pursued by the
servicemember during the period of active duty service of the
servicemember. The Secretary, in conjunction with the
Secretary of Labor, shall encourage and assist States and
private organizations to give credit to servicemembers for
the registered apprenticeship program so pursued in the case
of any related apprenticeship program the servicemember may
pursue as a civilian.''.
SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN
DEPARTMENT OF VETERANS AFFAIRS' CLAIMS
ADJUDICATORS.
Section 3677 is amended by adding at the end the following
new subsection:
``(d)(1) The Secretary may conduct a pilot program under
which the Secretary operates a program of training on the job
under this section for a period (notwithstanding subsection
(c)(2)) of up to three years in duration to train employees
of the Department to become qualified adjudicators of claims
for compensation, dependency and indemnity compensation, and
pension.
``(2)(A) Not later than three years after the
implementation of the pilot project, the Secretary shall
submit to Congress an initial report on the pilot project.
The report shall include an assessment of the usefulness of
the program in recruiting and retaining of personnel of the
Department as well as an assessment of the value of the
program as a training program.
``(B) Not later than 18 months after the date on which the
initial report under subparagraph (A) is submitted, the
Secretary shall submit to Congress a final report on the
pilot project. The final report shall include recommendations
of the Secretary with respect to continuation of the pilot
project and with respect to expansion of the types of claims
for which the extended period of on the job training is
available to train such employees.''.
SEC. 109. COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL FROM MEMBERS OF THE
SELECTED RESERVE CALLED TO ACTIVE DUTY.
(a) Active Duty Program.--Section 3011(b) is amended--
(1) by striking ``The basic pay'' and inserting ``(1)
Except as provided in paragraph (2), the basic pay'';
(2) by designating the second sentence as paragraph (3) and
in that paragraph by striking ``this chapter'' and inserting
``this subsection''; and
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) In the case of an individual covered by paragraph (1)
who is a member of the Selected Reserve, the Secretary of
Defense shall collect from the individual an amount equal to
$1,200 not later than one year after completion by the
individual of the two years of service on active duty
providing the basis for such entitlement. The Secretary of
Defense may collect such amount through reductions in basic
pay in accordance with paragraph (1) or through such other
method as the Secretary of Defense considers appropriate.''.
(b) Selected Reserve Program.--Section 3012(c) is amended--
(1) by striking ``The basic pay'' and inserting ``(1)
Except as provided in paragraph (2), the basic pay'';
(2) by designating the second sentence as paragraph (3) and
in that paragraph by striking ``this chapter'' and inserting
``this subsection''; and
[[Page H9752]]
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) In the case of an individual covered by paragraph (1)
who is a member of the Selected Reserve, the Secretary of
Defense shall collect from the individual an amount equal to
$1,200 not later than one year after completion by the
individual of the two years of service on active duty
providing the basis for such entitlement. The Secretary of
Defense may collect such amount through reductions in basic
pay in accordance with paragraph (1) or through such other
method as the Secretary of Defense considers appropriate.''.
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definition of Training Establishment.--Section 3452(e),
as amended by section 301 of the Veterans Benefits Act of
2003 (Public Law 108-183; 117 Stat. 2658), is amended in
paragraph (5) to read as follows:
``(5) The sponsor of a program of apprenticeship.''.
(b) Clarification of Applicable Apprenticeship Standards.--
(1) Section 3672(c), as amended by section 105(a), is amended
in subparagraph (A) by inserting ``apprenticeship'' before
``standards''.
(2) Section 3672(d)(1) is amended by striking ``of programs
of training on the job (including programs of
apprenticeship)'' and inserting ``of apprenticeship and on
the job training programs''.
(c) Record-Keeping Requirements for Qualified Providers of
Entrepreneurship Courses.--(1) Section 3675(c) is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (3), a qualified provider
of entrepreneurship courses shall maintain such records as
the Secretary determines to be necessary to comply with
reporting requirements that apply under section 3684(a)(1) of
this title with respect to eligible persons and veterans
enrolled in an entrepreneurship course offered by the
provider.''.
(2) The amendment made by paragraph (1) shall take effect
as if included in the enactment of section 305(a) of the
Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat.
2660).
(d) Authority To Pay Reporting Fee.--Section 3684(c) is
amended by striking ``or to any joint apprenticeship training
committee acting as a training establishment'' and inserting
``or to the sponsor of a program of apprenticeship''.
TITLE II--EMPLOYMENT MATTERS
Subtitle A--Employment and Reemployment Rights
SEC. 201. TWO-YEAR PERIOD OF CONTINUATION OF EMPLOYER-
SPONSORED HEALTH CARE COVERAGE.
(a) Improvement in Period of Coverage.--Subsection
(a)(1)(A) of section 4317 is amended by striking ``18-month
period'' and inserting ``24-month period''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to elections made under section 4317 of title 38,
United States Code, on or after the date of the enactment of
this Act.
SEC. 202. REINSTATEMENT OF REPORTING REQUIREMENTS.
Section 4332 is amended in the matter preceding paragraph
(1) by striking ``no later than February 1, 1996, and
annually thereafter through 2000'' and inserting ``no later
than February 1, 2005, and annually thereafter''.
SEC. 203. REQUIREMENT FOR EMPLOYERS TO PROVIDE NOTICE OF
RIGHTS AND DUTIES UNDER USERRA.
(a) Notice.--Chapter 43 is amended by adding at the end the
following new section:
``Sec. 4334. Notice of rights and duties
``(a) Requirement to Provide Notice.--Each employer shall
provide to persons entitled to rights and benefits under this
chapter a notice of the rights, benefits, and obligations of
such persons and such employers under this chapter. The
requirement for the provision of notice under this section
may be met by the posting of the notice where employers
customarily place notices for employees.
``(b) Content of Notice.--The Secretary shall provide to
employers the text of the notice to be provided under this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4334. Notice of rights and duties.''.
(c) Implementation.--(1) Not later than the date that is 90
days after the date of the enactment of this Act, the
Secretary of Labor shall make available to employers the
notice required under section 4334 of title 38, United States
Code, as added by subsection (a).
(2) The amendments made by this section shall apply to
employers under chapter 43 of title 38, United States Code,
on and after the first date referred to in paragraph (1).
SEC. 204. DEMONSTRATION PROJECT FOR REFERRAL OF USERRA CLAIMS
AGAINST FEDERAL AGENCIES TO THE OFFICE OF
SPECIAL COUNSEL.
(a) Establishment of Project.--The Secretary of Labor and
the Office of Special Counsel shall carry out a demonstration
project under which certain claims against Federal executive
agencies under the Uniformed Services Employment and
Reemployment Rights Act under chapter 43 of title 38, United
States Code, are referred to, or otherwise received by, the
Office of Special Counsel for assistance, including
investigation and resolution of the claim as well as
enforcement of rights with respect to the claim.
(b) Referral of All Prohibited Personnel Action Claims to
the Office of Special Counsel.--(1) Under the demonstration
project, the Office of Special Counsel shall receive and
investigate all claims under the Uniformed Services
Employment and Reemployment Rights Act with respect to
Federal executive agencies in cases where the Office of
Special Counsel has jurisdiction over related claims pursuant
to section 1212 of title 5, United States Code.
(2) For purposes of paragraph (1), a related claim is a
claim involving the same Federal executive agency and the
same or similar factual allegations or legal issues as those
being pursued under a claim under the Uniformed Services
Employment and Reemployment Rights Act.
(c) Referral of Other Claims Against Federal Executive
Agencies.--(1) Under the demonstration project, the
Secretary--
(A) shall refer to the Office of Special Counsel all claims
described in paragraph (2) made during the period of the
demonstration project; and
(B) may refer any claim described in paragraph (2) filed
before the demonstration project that is pending before the
Secretary at the beginning of the demonstration project.
(2) A claim referred to in paragraph (1) is a claim under
chapter 43 of title 38, United States Code, against a Federal
executive agency by a claimant with a social security account
number with an odd number as its terminal digit, or, in the
case of a claim that does not contain a social security
account number, a case number assigned to the claim with an
odd number as its terminal digit.
(d) Administration of Demonstration Project.--(1) The
Office of Special Counsel shall administer the demonstration
project. The Secretary shall cooperate with the Office of
Special Counsel in carrying out the demonstration project.
(2) In the case of any claim referred, or otherwise
received by, to the Office of Special Counsel under the
demonstration project, any reference to the ``Secretary'' in
sections 4321, 4322, and 4326 of title 38, United States
Code, is deemed a reference to the ``Office of Special
Counsel''.
(3) In the case of any claim referred to, or otherwise
received by, the Office of Special Counsel under the
demonstration project, the Office of Special Counsel shall
retain administrative jurisdiction over the claim.
(e) Period of Project.--The demonstration project shall be
carried out during the period beginning on the date that is
60 days after the date of the enactment of this Act, and
ending on September 30, 2007.
(f) Evaluations and Report.--(1) The Comptroller General of
the United States shall conduct periodic evaluations of the
demonstration project under this section.
(2) Not later than April 1, 2007, the Comptroller General
shall submit to Congress a report on the evaluations
conducted under paragraph (1). The report shall include the
following information and recommendations:
(A) A description of the operation and results of the
demonstration program, including--
(i) the number of claims described in subsection (c)
referred to, or otherwise received by, the Office of Special
Counsel, and the number of such claims referred to the
Secretary of Labor; and
(ii) for each Federal executive agency, the number of
claims resolved, the type of corrective action obtained, the
period of time for final resolution of the claim, and the
results obtained.
(B) An assessment of whether referral to the office of
special counsel of claims under the demonstration project--
(i) improved services to servicemembers and veterans; or
(ii) significantly reduced or eliminated duplication of
effort and unintended delays in resolving meritorious claims
of those servicemembers and veterans.
(C) An assessment of the feasibility and advisability of
referring all claims under chapter 43 of title 38, United
States Code, against Federal executive agencies to the Office
of Special Counsel for investigation and resolution.
(D) Such other recommendations for administrative action or
legislation as the Comptroller General determines
appropriate.
(g) Definitions.--In this section:
(1) The term ``Office of Special Counsel'' means the Office
of Special Counsel established by section 1211 of title 5,
United States Code.
(2) The term ``Secretary'' means the Secretary of Labor.
(3) The term ``Federal executive agency'' has the meaning
given that term in section 4303(5) of title 38, United States
Code.
Subtitle B--Other Matters
SEC. 211. REPORT OF EMPLOYMENT PLACEMENT, RETENTION, AND
ADVANCEMENT OF RECENTLY SEPARATED
SERVICEMEMBERS.
(a) Contract for Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract with a qualified entity
to conduct a study of and prepare a report on the employment
histories of recently separated servicemembers.
(b) Content of Report.--(1) The study conducted pursuant to
subsection (a) shall consist of an analysis of employment-
related data that have been collected with respect to
recently separated servicemembers.
[[Page H9753]]
(2) In conducting the study, the qualified entity shall--
(A) determine whether the employment obtained by recently
separated servicemembers is commensurate with training and
education of those servicemembers;
(B) determine whether recently separated servicemembers
received educational assistance or training and
rehabilitation under programs administered by the Secretary
of Veterans Affairs under chapter 30 or 31 of title 38,
United States Code, or under chapter 1606 of title 10, United
States Code;
(C) determine whether transition assistance services
provided to recently separated servicemembers assisted those
servicemembers in obtaining civilian employment;
(D) analyze trends in hiring of veterans by the private
sector; and
(E) identify recently separated servicemembers who have
reached senior level management positions.
(c) Use of Data.--In conducting the study under subsection
(a), the qualified entity shall review data compiled and
reported by the Bureau of Labor Statistics and shall collect
additional data on the employment histories of recently
separated servicemembers available from such other sources as
the qualified entity determines to be appropriate.
(d) Contract Requirements.--(1) The contract entered into
under subsection (a) shall contain such terms and conditions
as the Secretary may require. The contract shall require that
the report on the study be submitted to the Secretary not
later than 2 years after the date on which the contract was
entered into.
(2) The report required under subsection (a) shall contain
the findings and conclusions of the qualified entity on the
study and specific recommendations to improve employment
opportunities for veterans recently separated from service in
the Armed Forces, including, if appropriate, recommendations
for--
(A) the establishment of networks of contacts for
employment of such veterans in the private sector;
(B) outreach to private sector leaders on the merits and
sound business practice of hiring such veterans; and
(C) additional methods to facilitate communication between
private sector employers and such veterans who are seeking
employment.
(e) Funding.--Payment by the Secretary for the contract
entered into under subsection (a)--
(1) shall be made from the Department of Veterans Affairs
appropriations account from which payments for readjustment
benefits are made; and
(2) may not exceed $490,000.
(f) Definitions.--In this section:
(1) The term ``qualified entity'' means an entity or
organization that meets the following requirements:
(A) Demonstrated experience in conducting employment
surveys of recently separated servicemembers, including
Internet-based surveys, that meet such quality assurance
requirements as the Secretary determines appropriate.
(B) Demonstrated familiarity with veteran employment
matters.
(C) Demonstrated ability in developing plans to market
veterans as employment assets.
(D) Demonstrated ability to acquire services at no cost
from other organizations, such as technology, staff services,
and advertising services.
(E) Demonstrated ability to develop relationships,
establish employment networks, and facilitate interaction
between private and public sector leaders and veterans.
(2) The term ``employment history'' means, with respect to
a recently separated servicemember, training, placement,
retention, and advancement in employment of that
servicemember.
(3) The term ``recently separated servicemember'' means any
veteran (as defined in section 101(2) of title 38, United
States Code) discharged or released from active duty in the
Armed Forces of the United States during the 16-year period
beginning on January 1, 1990.
TITLE III--BENEFITS MATTERS
SEC. 301. ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION
FOR SURVIVING SPOUSES WITH DEPENDENT CHILDREN.
(a) Additional Dependency and Indemnity Compensation.--
Section 1311 is amended by adding at the end the following
new subsection:
``(e)(1) Subject to paragraphs (2) and (3), if there is a
surviving spouse with one or more children below the age of
18, the dependency and indemnity compensation paid monthly to
the surviving spouse shall be increased by $250, regardless
of the number of such children.
``(2) Dependency and indemnity compensation shall be
increased under this subsection only for months occurring
during the two-year period beginning on the date on which
entitlement to dependency and indemnity compensation
commenced.
``(3) The increase in dependency and indemnity compensation
of a surviving spouse under this subsection shall cease
beginning with the first month commencing after the month in
which all children of the surviving spouse have attained the
age of 18.
``(4) Dependency and indemnity compensation under this
subsection is in addition to any other dependency and
indemnity compensation payable under this chapter.''.
(b) Effective Date.--Subsection (e) of section 1311 of
title 38, United States Code, as added by subsection (a),
shall take effect with respect to payments for the first
month beginning after the date of the enactment of this Act.
SEC. 302. OFFSET OF VETERANS' DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION FROM
AWARDS UNDER RADIATION EXPOSURE COMPENSATION
PROGRAM.
(a) Offset in Lieu of Forfeiture From Disability
Compensation.--Subsection (c) of section 1112 is amended by
adding at the end the following new paragraph:
``(4) A radiation-exposed veteran who receives a payment
under the provisions of the Radiation Exposure Compensation
Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by
reason of the receipt of that payment, of receipt of
compensation to which that veteran is entitled by reason of
paragraph (1), but there shall be deducted from payment of
such compensation the amount of the payment under that
Act.''.
(b) Offset in Lieu of Forfeiture From Dependency and
Indemnity Compensation.--Section 1310 is amended by adding at
the end the following new paragraph:
``(c) A person who receives a payment under the provisions
of the Radiation Exposure Compensation Act of 1990 (42 U.S.C.
2210 note) shall not be deprived, by reason of the receipt of
that payment, of receipt of dependency and indemnity
compensation to which that person is otherwise entitled, but
there shall be deducted from payment of such dependency and
indemnity compensation the amount of the payment under that
Act.''.
(c) Effective Date.--Paragraph (4) of section 1112(c) of
title 38, United States Code, as added by subsection (a),
shall take effect with respect to compensation payments for
months beginning after March 26, 2002. Subsection (c) of
section 1310 of such title, as added by subsection (b), shall
take effect with respect to dependency and indemnity
compensation payments for months beginning after March 26,
2002.
SEC. 303. EXCLUSION OF LIFE INSURANCE PROCEEDS FROM
CONSIDERATION AS INCOME FOR VETERANS' PENSION
PURPOSES.
Section 1503(a) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of the paragraph (10)
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) lump-sum proceeds of any life insurance policy on a
veteran, for purposes of pension under subchapter III of this
chapter.''.
SEC. 304. CERTAIN SERVICE-CONNECTED DISABILITY BENEFITS
AUTHORIZED FOR PERSONS DISABLED BY TREATMENT OR
VOCATIONAL REHABILITATION PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Authorized Benefits.--Section 1151 is amended by adding
at the end the following new subsection:
``(c) A qualifying additional disability under this section
shall be treated in the same manner as if it were a service-
connected disability for purposes of the following provisions
of this title:
``(1) Chapter 21, relating to specially adapted housing.
``(2) Chapter 39, relating to automobiles and adaptive
equipment.''.
(b) Effective Date.--Subsection (c) of section 1151 of
title 38, United States Code, as added by subsection (a),
shall apply with respect to eligibility for benefits and
services provided by the Secretary of Veterans Affairs on or
after the date of the enactment of this Act.
(c) Administration of Offset Provision.--Subsection (b) of
section 1151 is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``(except as otherwise provided in
paragraph (2))'' after ``service-connected, then''; and
(3) by adding at the end the following new paragraph:
``(2) In the case of a judgment, settlement, or compromise
covered by paragraph (1) that becomes final on or after the
date of the enactment of this paragraph and that includes an
amount that is specifically designated for a purpose for
which benefits are provided under chapter 21 or 39 of this
title (hereinafter in this paragraph referred to as the
`offset amount'), if such judgment, settlement, or compromise
becomes final before the date of the award of benefits under
chapter 21 or 39 for the purpose for which the offset amount
was specifically designated--
``(A) the amount of such award shall be reduced by the
offset amount; and
``(B) if the offset amount is greater than the amount of
such award, the excess amount received pursuant to the
judgment, settlement or compromise, shall be offset against
benefits otherwise payable under this chapter.''.
SEC. 305. EFFECTIVE DATE OF DEATH PENSION.
Section 5110(d) is amended--
(1) by striking ``(1)'';
(2) by striking ``death compensation or dependency and
indemnity compensation'' and inserting ``death compensation,
dependency and indemnity compensation, or death pension'';
and
(3) by striking paragraph (2).
[[Page H9754]]
SEC. 306. CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO
PRESUMPTIONS OF SERVICE CONNECTION FOR VETERANS
EXPOSED TO IONIZING RADIATION.
(a) Covered Diseases.--Subsection (c)(2) of section 1112 is
amended by adding at the end the following new subparagraphs:
``(Q) Cancer of the bone.
``(R) Cancer of the brain.
``(S) Cancer of the colon.
``(T) Cancer of the lung.
``(U) Cancer of the ovary.''.
(b) Covered Radiation-Risk Activities.--Subsection
(c)(3)(B) of such section is amended by adding at the end the
following new clause:
``(iv) Service in a capacity which, if performed as an
employee of the Department of Energy, would qualify the
individual for inclusion as a member of the Special Exposure
Cohort under section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l(14)).''.
(c) Effective Date.--The amendments made by this section
shall take effect as of March 26, 2002.
SEC. 307. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED
IN PUBLIC LAW 108-47.
(a) Veterans' Disability Compensation.--Section 1114 is
amended--
(1) by striking ``$104'' in subsection (a) and inserting
``$106'';
(2) by striking ``$201'' in subsection (b) and inserting
``$205'';
(3) by striking ``$310'' in subsection (c) and inserting
``$316'';
(4) by striking ``$445'' in subsection (d) and inserting
``$454'';
(5) by striking ``$633'' in subsection (e) and inserting
``$646'';
(6) by striking ``$801'' in subsection (f) and inserting
``$817'';
(7) by striking ``$1,008'' in subsection (g) and inserting
``$1,029'';
(8) by striking ``$1,171'' in subsection (h) and inserting
``$1,195'';
(9) by striking ``$1,317'' in subsection (i) and inserting
``$1,344'';
(10) by striking ``$2,193'' in subsection (j) and inserting
``$2,239'';
(11) in subsection (k)--
(A) by striking ``$81'' both places it appears and
inserting ``$82''; and
(B) by striking ``$2,728'' and ``$3,827'' and inserting
``$2,785'' and ``$3,907'', respectively;
(12) by striking ``$2,728'' in subsection (l) and inserting
``$2,785'';
(13) by striking ``$3,010'' in subsection (m) and inserting
``$3,073'';
(14) by striking ``$3,425'' in subsection (n) and inserting
``$3,496'';
(15) by striking ``$3,827'' each place it appears in
subsections (o) and (p) and inserting ``$3,907'';
(16) by striking ``$1,643'' and ``$2,446'' in subsection
(r) and inserting ``$1,677'' and ``$2,497'', respectively;
and
(17) by striking ``$2,455'' in subsection (s) and inserting
``$2,506''.
(b) Additional Compensation for Dependents.--Section
1115(1) is amended--
(1) by striking ``$125'' in subparagraph (A) and inserting
``$127'';
(2) by striking ``$215'' and ``$64'' in subparagraph (B)
and inserting ``$219'' and ``$65'', respectively;
(3) by striking ``$85'' and ``$64'' in subparagraph (C) and
inserting ``$86'' and ``$65'', respectively;
(4) by striking ``$101'' in subparagraph (D) and inserting
``$103'';
(5) by striking ``$237'' in subparagraph (E) and inserting
``$241''; and
(6) by striking ``$198'' in subparagraph (F) and inserting
``$202''.
(c) Clothing Allowance for Certain Disabled Veterans.--
Section 1162 is amended by striking ``$588'' and inserting
``$600''.
(d) Dependency and Indemnity Compensation for Surviving
Spouses.--(1) Section 1311(a) is amended--
(A) by striking ``$948'' in paragraph (1) and inserting
``$967''; and
(B) by striking ``$204'' in paragraph (2) and inserting
``$208''.
(2) The table in section 1311(a)(3) is amended to read as
follows:
Monthly Monthly
Pay grade rate Pay grade rate
E-1............................. $967 W-4............... $1,157
E-2............................ 967 O-1............... 1,022
E-3............................ 967 O-2............... 1,056
E-4............................ 967 O-3............... 1,130
E-5............................. 967 O-4............... 1,195
E-6............................ 967 O-5............... 1,316
E-7............................ 1,000 O-6............... 1,483
E-8............................. 1,056 O-7............... 1,602
E-9............................ \1\ 1,10 O-8............... 1,758
2
W-1............................. 1,022 O-9............... 1,881
W-2............................. 1,063 O-10.............. \2\ 2,06
3
W-3............................. 1,094 .................. ........
\1\ If the veteran served as sergeant major of the Army, senior enlisted
advisor of the Navy, chief master sergeant of the Air Force, sergeant
major of the Marine Corps, or master chief petty officer of the Coast
Guard, at the applicable time designated by section 1302 of this
title, the surviving spouse's rate shall be $1,189.
\2\ If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $2,213.
(3) Section 1311(b) is amended by striking ``$237'' and
inserting ``$241''.
(4) Section 1311(c) is amended by striking ``$237'' and
inserting ``$241''.
(5) Section 1311(d) is amended by striking ``$113'' and
inserting ``$115''.
(e) Dependency and Indemnity Compensation for Children.--
(1) Section 1313(a) is amended--
(A) by striking ``$402'' in paragraph (1) and inserting
``$410'';
(B) by striking ``$578'' in paragraph (2) and inserting
``$590'';
(C) by striking ``$752'' in paragraph (3) and inserting
``$767''; and
(D) by striking ``$752'' and ``$145'' in paragraph (4) and
inserting ``$767'' and ``$148'', respectively.
(2) Section 1314 is amended--
(A) by striking ``$237'' in subsection (a) and inserting
``$241'';
(B) by striking ``$402'' in subsection (b) and inserting
``$410''; and
(C) by striking ``$201'' in subsection (c) and inserting
``$205''.
SEC. 308. CROSS-REFERENCE AMENDMENTS RELATING TO CONCURRENT
PAYMENT OF RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION.
(a) Prohibition Against Duplication of Benefits.--Section
5304(a)(1) is amended by inserting ``as provided in section
1414 of title 10 or'' after ``Except''.
(b) Waiver of Retired Pay.--Section 5305 is amended by
striking ``Any'' in the first sentence and inserting ``Except
as provided in section 1414 of title 10, any''.
TITLE IV--HOUSING MATTERS
SEC. 401. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO
CERTAIN DISABLED VETERANS.
The text of section 2101 is amended to read as follows:
``(a) Acquisition of Housing With Special Features.--(1)
Subject to paragraph (3), the Secretary may assist a disabled
veteran described in paragraph (2) in acquiring a suitable
housing unit with special fixtures or movable facilities made
necessary by the nature of the veteran's disability, and
necessary land therefor.
``(2) A veteran is described in this paragraph if the
veteran is entitled to compensation under chapter 11 of this
title for a permanent and total service-connected disability
that meets any of the following criteria:
``(A) The disability is due to the loss, or loss of use, of
both lower extremities such as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair.
``(B) The disability is due to--
``(i) blindness in both eyes, having only light perception,
plus
``(ii) loss or loss of use of one lower extremity.
``(C) The disability is due to the loss or loss of use of
one lower extremity together with--
``(i) residuals of organic disease or injury; or
``(ii) the loss or loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches,
canes, or a wheelchair.
``(D) The disability is due to the loss, or loss of use, of
both upper extremities such as to preclude use of the arms at
or above the elbows.
``(3) The regulations prescribed under subsection (c) shall
require that assistance under paragraph (1) may be provided
to a veteran only if the Secretary finds that--
``(A) it is medically feasible for the veteran to reside in
the proposed housing unit and in the proposed locality;
``(B) the proposed housing unit bears a proper relation to
the veteran's present and anticipated income and expenses;
and
``(C) the nature and condition of the proposed housing unit
are such as to be suitable to the veteran's needs for
dwelling purposes.
``(b) Adaptations to Residence of Veteran.--(1) Subject to
paragraph (3), the Secretary shall assist any disabled
veteran described in paragraph (2) (other than a veteran who
is eligible for assistance under subsection (a))--
``(A) in acquiring such adaptations to such veteran's
residence as are determined by the Secretary to be reasonably
necessary because of such disability; or
``(B) in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably
necessary for the veteran because of such disability.
``(2) A veteran is described in this paragraph if the
veteran is entitled to compensation under chapter 11 of this
title for a permanent and total service-connected disability
that meets either of the following criteria:
``(A) The disability is due to blindness in both eyes with
5/200 visual acuity or less.
``(B) The disability includes the anatomical loss or loss
of use of both hands.
``(3) Assistance under paragraph (1) may be provided only
to a veteran who the Secretary determines--
``(A) is residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a member
of such veteran's family; or
``(B) if the veteran's residence is to be constructed or
purchased, will be residing in and reasonably intends to
continue residing in a residence owned by such veteran or by
a member of such veteran's family.
``(c) Regulations.--Assistance under this section shall be
provided in accordance with such regulations as the Secretary
may prescribe.''.
[[Page H9755]]
SEC. 402. TRANSITIONAL HOUSING AMENDMENTS.
(a) Use of Veteran Volunteers.--Section 2051 is amended by
adding at the end the following new subsection:
``(g) Notwithstanding any other provision of law, a
multifamily transitional housing project that is funded by a
loan guaranteed under this subchapter may accept
uncompensated voluntary services performed by any eligible
entity (as that term is defined in section 2011(d) of this
title) in connection with the construction, alteration, or
repair of such project.''.
(b) Authorization for Commercially-Leased Space.--Section
2052(c)(1) is amended by striking ``services'' and inserting
``services, other commercial activities,''.
SEC. 403. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY
FOR CONSTRUCTION AND PURCHASE OF HOMES AND
ANNUAL INDEXING OF AMOUNT.
(a) Maximum Loan Guaranty Based on 100 Percent of Freddie
Mac Conforming Loan Rate.--Section 3703(a)(1) is amended by
striking ``$60,000'' each place it appears in subparagraphs
(A)(i)(IV) and (B) and inserting ``the maximum guaranty
amount (as defined in subparagraph (C))''.
(b) Definition.--Such section is further amended by adding
at the end the following new subparagraph:
``(C) In this paragraph, the term `maximum guaranty amount'
means the dollar amount that is equal to 25 percent of the
Freddie Mac conforming loan limit limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family
residence, as adjusted for the year involved.''.
SEC. 404. EXTENSION OF AUTHORITY FOR GUARANTEE OF ADJUSTABLE
RATE MORTGAGES.
Section 3707(a) is amended by striking ``during fiscal
years 1993, 1994, and 1995'' and inserting ``during fiscal
years 1993 through 2008''.
SEC. 405. EXTENSION AND IMPROVEMENT OF AUTHORITY FOR
GUARANTEE OF HYBRID ADJUSTABLE RATE MORTGAGES.
(a) Extension of Authority.--Subsection (a) of section
3707A is amended by striking ``during fiscal years 2004 and
2005'' and inserting ``during fiscal years 2004 through
2008''.
(b) Modification of Interest Rate Adjustment
Requirements.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) in the case of the initial contract interest rate
adjustment--
``(A) if the initial contract interest rate remained fixed
for less than 5 years, be limited to a maximum increase or
decrease of 1 percentage point; or
``(B) if the initial contract interest rate remained fixed
for 5 years or more, be limited to a maximum increase or
decrease of such percentage point or points as the Secretary
may prescribe;
``(4) in the case of any single annual interest rate
adjustment after the initial contract interest rate
adjustment, be limited to a maximum increase or decrease of 1
percentage point; and''; and
(3) in paragraph (5), as so redesignated, by striking ``5
percentage points'' and all that follows and inserting ``such
number of percentage points as the Secretary shall prescribe
for purposes of this section.''.
(c) No Effect on Guarantee of Loans Under Hybrid Adjustable
Rate Mortgage Guarantee Demonstration Project.--The
amendments made by this section shall not be construed to
affect the force or validity of any guarantee of a loan made
by the Secretary of Veterans Affairs under the demonstration
project for the guarantee of hybrid adjustable rate mortgages
under section 3707A of title 38, United States Code, as in
effect on the day before the date of the enactment of this
Act.
SEC. 406. TERMINATION OF COLLECTION OF LOAN FEES FROM
VETERANS RATED ELIGIBLE FOR COMPENSATION AT
PRE-DISCHARGE RATING EXAMINATIONS.
Section 3729(c) is amended--
(1) by inserting ``(1)'' before ``A fee''; and
(2) by adding at the end the following new paragraph:
``(2) A veteran who is rated eligible to receive
compensation as a result of a pre-discharge disability
examination and rating shall be treated as receiving
compensation for purposes of this subsection as of the date
on which the veteran is rated eligible to receive
compensation as a result of the pre-discharge disability
examination and rating without regard to whether an effective
date of the award of compensation is established as of that
date.''.
SEC. 407. THREE-YEAR EXTENSION OF NATIVE AMERICAN VETERAN
HOUSING LOAN PILOT PROGRAM.
Section 3761(c) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2008''.
TITLE V--MATTERS RELATING TO FIDUCIARIES
SEC. 501. DEFINITION OF FIDUCIARY.
(a) In General.--(1) Chapter 55 is amended by adding at the
end the following new section:
``Sec. 5506. Definition of `fiduciary'
``For purposes of this chapter and chapter 61 of this
title, the term `fiduciary' means--
``(1) a person who is a guardian, curator, conservator,
committee, or person legally vested with the responsibility
or care of a claimant (or a claimant's estate) or of a
beneficiary (or a beneficiary's estate); or
``(2) any other person having been appointed in a
representative capacity to receive money paid under any of
the laws administered by the Secretary for the use and
benefit of a minor, incompetent, or other beneficiary.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``5506. Definition of `fiduciary'.''.
(b) Conforming Amendments to Section 5502.--Section 5502 is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``other person'' and
inserting ``other fiduciary''; and
(B) in the second sentence of paragraph (2), by inserting
``for benefits under this title'' after ``in connection with
rendering fiduciary services'';
(2) in subsection (b), by striking ``guardian, curator,
conservator, or other person'' each place it appears and
inserting ``fiduciary''; and
(3) in subsection (d), by striking ``guardian, curator, or
conservator'' and inserting ``fiduciary''.
(c) Conforming Amendment to Section 6101.--Section 6101(a)
is amended by striking ``guardian, curator,'' and all that
follows through ``beneficiary,'' and inserting ``fiduciary
(as defined in section 5506 of this title) for the benefit of
a minor, incompetent, or other beneficiary under laws
administered by the Secretary,''.
SEC. 502. INQUIRY, INVESTIGATIONS, AND QUALIFICATION OF
FIDUCIARIES.
(a) In General.--Chapter 55, as amended by section
501(a)(1), is further amended by adding at the end the
following new section:
``Sec. 5507. Inquiry, investigations, and qualification of
fiduciaries
``(a) Any certification of a person for payment of benefits
of a beneficiary to that person as such beneficiary's
fiduciary under section 5502 of this title shall be made on
the basis of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary, such inquiry or investigation--
``(A) to be conducted in advance of such certification;
``(B) to the extent practicable, to include a face-to-face
interview with such person; and
``(C) to the extent practicable, to include a copy of a
credit report for such person issued within one year of the
date of the proposed appointment;
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under
regulations); and
``(3) the furnishing of any bond that may be required by
the Secretary.
``(b) As part of any inquiry or investigation of any person
under subsection (a), the Secretary shall request information
concerning whether that person has been convicted of any
offense under Federal or State law which resulted in
imprisonment for more than one year. If that person has been
convicted of such an offense, the Secretary may certify the
person as a fiduciary only if the Secretary finds that the
person is an appropriate person to act as fiduciary for the
beneficiary concerned under the circumstances.
``(c)(1) In the case of a proposed fiduciary described in
paragraph (2), the Secretary, in conducting an inquiry or
investigation under subsection (a)(1), may carry out such
inquiry or investigation on an expedited basis that may
include waiver of any specific requirement relating to such
inquiry or investigation, including the otherwise applicable
provisions of subparagraphs (A), (B), and (C) of such
subsection. Any such inquiry or investigation carried out on
such an expedited basis shall be carried out under
regulations prescribed for purposes of this section.
``(2) Paragraph (1) applies with respect to a proposed
fiduciary who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction; or
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title.
``(d) Temporary Fiduciaries.--When in the opinion of the
Secretary, a temporary fiduciary is needed in order to
protect the assets of the beneficiary while a determination
of incompetency is being made or appealed or a fiduciary is
appealing a determination of misuse, the Secretary may
appoint one or more temporary fiduciaries for a period not to
exceed 120 days. If a final decision has not been made within
120 days, the Secretary may not continue the appointment of
the fiduciary without obtaining a court order for appointment
of a guardian, conservator, or other fiduciary under the
authority provided in section 5502(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
added by section 501(a)(2) the following new item:
``5507. Inquiry, investigations, and qualification of fiduciaries.''.
[[Page H9756]]
SEC. 503. MISUSE OF BENEFITS BY FIDUCIARIES.
(a) Protection of Veterans Benefits When Administered by
Fiduciaries.--(1) Chapter 61 is amended by adding at the end
the following new sections:
``Sec. 6106. Misuse of benefits by fiduciaries
``(a) Fee Forfeiture in Case of Benefit Misuse by
Fiduciaries.--A fiduciary may not collect a fee from a
beneficiary for any month with respect to which the Secretary
or a court of competent jurisdiction has determined that the
fiduciary misused all or part of the individual's benefit,
and any amount so collected by the fiduciary as a fee for
such month shall be treated as a misused part of the
individual's benefit.
``(b) Misuse of Benefits Defined.--For purposes of this
chapter, misuse of benefits by a fiduciary occurs in any case
in which the fiduciary receives payment, under any of laws
administered by the Secretary, for the use and benefit of a
beneficiary and uses such payment, or any part thereof, for a
use other than for the use and benefit of such beneficiary or
that beneficiary's dependents. Retention by a fiduciary of an
amount of a benefit payment as a fiduciary fee or commission,
or as attorney's fees (including expenses) and court costs,
if authorized by the Secretary or a court of competent
jurisdiction, shall be considered to be for the use or
benefit of such beneficiary.
``(c) Regulations.--The Secretary may prescribe by
regulation the meaning of the term `use and benefit' for
purposes of this section.
``Sec. 6107. Reissuance of benefits
``(a) Negligent Failure by Secretary.--(1) In any case in
which the negligent failure of the Secretary to investigate
or monitor a fiduciary results in misuse of benefits by the
fiduciary, the Secretary shall pay to the beneficiary or the
beneficiary's successor fiduciary an amount equal to the
amount of benefits that were so misused.
``(2) There shall be considered to have been a negligent
failure by the Secretary to investigate and monitor a
fiduciary in the following cases:
``(A) A case in which the Secretary failed to review a
fiduciary's accounting within 60 days of the date on which
that accounting is scheduled for review.
``(B) A case in which the Secretary was notified of
allegations of misuse, but failed to act within 60 days of
the date of such notification to terminate the fiduciary.
``(C) In any other case in which actual negligence is
shown.
``(b) Reissuance of Misused Benefits in Other Cases.--(1)
In any case in which a fiduciary described in paragraph (2)
misuses all or part of an individual's benefit paid to such
fiduciary, the Secretary shall pay to the beneficiary or the
beneficiary's successor fiduciary an amount equal to the
amount of such benefit so misused.
``(2) Paragraph (1) applies to a fiduciary that--
``(A) is not an individual; or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 10 or more individuals who are
beneficiaries under this title.
``(3) In any other case in which the Secretary obtains
recoupment from a fiduciary who has misused benefits, the
Secretary shall promptly remit payment of the recouped
amounts to the beneficiary or the beneficiary's successor
fiduciary as the case may be.
``(c) Limitation on Total Amount Paid.--The total of the
amounts paid to a beneficiary (or a beneficiary's successor
fiduciary) under this section may not exceed the total
benefit amount misused by the fiduciary with respect to that
beneficiary.
``(d) Recoupment of Amounts Reissued.--In any case in which
the Secretary reissues a benefit payment (in whole or in
part) under subsection (a) or (b), the Secretary shall make a
good faith effort to obtain recoupment from the fiduciary to
whom the payment was originally made.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``6106. Misuse of benefits by fiduciaries.
``6107. Reissuance of benefits.''.
SEC. 504. ADDITIONAL PROTECTIONS FOR BENEFICIARIES WITH
FIDUCIARIES.
(a) Onsite Reviews and Required Accountings.--(1) Chapter
55, as amended by section 502(a), is further amended by
adding at the end the following new sections:
``Sec. 5508. Periodic onsite reviews of institutional
fiduciaries
``In addition to such other reviews of fiduciaries as the
Secretary may otherwise conduct, the Secretary shall provide
for the periodic onsite review of any person or agency
located in the United States that receives the benefits
payable under laws administered by the Secretary to another
individual pursuant to the appointment of such person or
agency as a fiduciary under section 5502(a)(1) of this title
in any case in which the fiduciary is serving in that
capacity with respect to more than 20 beneficiaries and the
total annual amount of such benefits exceeds $50,000, as
adjusted pursuant to section 5312 of this title.
``Sec. 5509. Authority to require fiduciary to receive
payments at regional offices of the Department when failing
to provide required accounting
``(a) Required Reports and Accountings.--The Secretary may
require a fiduciary to file a report or accounting pursuant
to regulations prescribed by the Secretary.
``(b) Actions Upon Failure to File.--In any case in which a
fiduciary fails to submit a report or accounting required by
the Secretary under subsection (a), the Secretary may, after
furnishing notice to such fiduciary and the beneficiary
entitled to such payment of benefits, require that such
fiduciary appear in person at a regional office of the
Department serving the area in which the beneficiary resides
in order to receive such payments.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 502(b)
the following new items:
``5508. Periodic onsite reviews of institutional fiduciaries.
``5509. Authority to require fiduciary to receive payments at regional
offices of the Department when failing to provide
required accounting.''.
(b) Judicial Orders of Restitution.--(1) Chapter 61, as
amended by section 503(a), is further amended by adding at
the end the following new section:
``Sec. 6108. Authority for judicial orders of restitution
``(a) Any Federal court, when sentencing a defendant
convicted of an offense arising from the misuse of benefits
under this title, may order, in addition to or in lieu of any
other penalty authorized by law, that the defendant make
restitution to the Department.
``(b) Sections 3612, 3663, and 3664 of title 18 shall apply
with respect to the issuance and enforcement of orders of
restitution under subsection (a). In so applying those
sections, the Department shall be considered the victim.
``(c) If the court does not order restitution, or orders
only partial restitution, under subsection (a), the court
shall state on the record the reasons therefor.
``(d) Amounts received in connection with misuse by a
fiduciary of funds paid as benefits under laws administered
by the Secretary shall be paid to the individual whose
benefits were misused. If the Secretary has previously
reissued the misused benefits, the amounts shall be treated
in the same manner as overpayments recouped by the Secretary
and shall be deposited to the credit of the applicable
revolving fund, trust fund, or appropriation.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 503(b)
the following new item:
``6108. Authority for judicial orders of restitution.''.
SEC. 505. ANNUAL REPORT.
(a) In General.--Chapter 55, as amended by section
504(a)(1), is further amended by adding at the end the
following new section:
``Sec. 5510. Annual report
``The Secretary shall include in the Annual Benefits Report
of the Veterans Benefits Administration or the Secretary's
Annual Performance and Accountability Report information
concerning fiduciaries who have been appointed to receive
payments for beneficiaries of the Department. As part of such
information, the Secretary shall separately set forth the
following: --
``(1) The number of beneficiaries in each category
(veteran, surviving spouse, child, adult disabled child, or
parent).
``(2) The types of benefit being paid (compensation,
pension, dependency and indemnity compensation, death pension
or benefits payable to a disabled child under chapter 18 of
this title).
``(3) The total annual amounts and average annual amounts
of benefits paid to fiduciaries for each category and type of
benefit.
``(4) The number of fiduciaries who are the spouse, parent,
legal custodian, court-appointed fiduciary, institutional
fiduciary, custodian in fact, and supervised direct payees.
``(5) The number of cases in which the fiduciary was
changed by the Secretary because of a finding that benefits
had been misused.
``(6) How such cases of misuse of benefits were addressed
by the Secretary.
``(7) The final disposition of such cases of misuse of
benefits, including the number and dollar amount of any
benefits reissued to beneficiaries.
``(8) The number of fiduciary cases referred to the Office
of the Inspector General and the nature of the actions taken
by the Inspector General.
``(9) The total amount of money recovered by the government
in cases arising from the misuse of benefits by a fiduciary.
``(10) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the
items added by the amendment made by section 504(a)(2) the
following new item:
``5510. Annual report.''.
SEC. 506. ANNUAL ADJUSTMENT IN BENEFITS THRESHOLDS.
Section 5312(b)(1) is amended by inserting ``and the annual
benefit amount limitations under sections 5507(c)(2)(D) and
5508 of this title,'' after ``(d)(3) of such section,''.
SEC. 507. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided, this title
and the amendments made by this title shall take effect on
the first day of the seventh month beginning after the date
of the enactment of this Act.
(b) Special Rules.--(1) Section 5510 of title 38, United
States Code, as added by section
[[Page H9757]]
505(a), shall take effect on the date of the enactment of
this Act.
(2) Sections 6106 and 6107 of title 38, United States Code,
as added by section 503(a), shall apply with respect to any
determinations by the Secretary of Veterans Affairs made
after the date of the enactment of this Act of misuse of
funds by a fiduciary.
TITLE VI--MEMORIAL AFFAIRS MATTERS
SEC. 601. DESIGNATION OF PRISONER OF WAR/MISSING IN ACTION
NATIONAL MEMORIAL, RIVERSIDE NATIONAL CEMETERY,
RIVERSIDE, CALIFORNIA.
(a) Designation.--The memorial to former prisoners of war
and members of the Armed Forces listed as missing in action
that is under construction at Riverside National Cemetery in
Riverside, California, is hereby designated: ``Prisoner of
War/Missing in Action National Memorial''.
(b) Effect of Designation.--Such national memorial
designated by subsection (a) is not a unit of the National
Park System, and the designation of the national memorial
shall not be construed to require Federal funds to be
expended for any purpose related to the national memorial.
SEC. 602. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION
PROPERTY.
(a) In General.--Chapter 24 is amended by adding at the end
the following new section:
``Sec. 2412. Lease of land and buildings
``(a) Lease Authorized.--The Secretary may lease any
undeveloped land and unused or underutilized buildings, or
parts or parcels thereof, belonging to the United States and
part of the National Cemetery Administration.
``(b) Term.--The term of a lease under subsection (a) may
not exceed 10 years.
``(c) Lease to Public or Nonprofit Organizations.--(1) A
lease under subsection (a) to any public or nonprofit
organization may be made without regard to the provisions of
section 3709 of the Revised Statutes (41 U.S.C. 5).
``(2) Notwithstanding section 1302 of title 40 or any other
provision of law, a lease under subsection (a) to any public
or nonprofit organization may provide for the maintenance,
protection, or restoration of the leased property by the
lessee, as a part or all of the consideration for the lease.
``(d) Notice.--Before entering into a lease under
subsection (a), the Secretary shall give appropriate public
notice of the intention of the Secretary to enter into the
lease in a newspaper of general circulation in the community
in which the lands or buildings concerned are located.
``(e) National Cemetery Administration Facilities Operation
Fund.--(1) There is established on the book of the Treasury
an account to be known as the `National Cemetery
Administration Facilities Operation Fund' (in this section
referred to as the `Fund').
``(2) The Fund shall consist of the following:
``(A) Proceeds from the lease of land or buildings under
this section.
``(B) Proceeds of agricultural licenses of lands of the
National Cemetery Administration.
``(C) Any other amounts appropriated to or otherwise
authorized for deposit in the Fund by law.
``(3) Amounts in the Fund shall be available to cover costs
incurred by the National Cemetery Administration in the
operation and maintenance of property of the Administration.
``(4) Amounts in the Fund shall remain available until
expended.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2412. Lease of land and buildings.''.
SEC. 603. EXCHANGES OF REAL PROPERTY FOR NATIONAL CEMETERIES.
Section 2406 is amended by inserting ``exchange,'' after
``agencies,''.
TITLE VII--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
SEC. 701. CLARIFICATION OF MEANING OF ``JUDGMENT'' AS USED IN
THE ACT.
Section 101 of the Servicemembers Civil Relief Act (50
U.S.C. App. 511) is amended by adding at the end the
following new paragraph:
``(9) Judgment.--The term `judgment' means any judgment,
decree, order, or ruling, final or temporary.''.
SEC. 702. REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER THE
ACT.
Section 107 of the Servicemembers Civil Relief Act (50
U.S.C. App. 517) is amended--
(1) in subsection (a), by inserting after the first
sentence the following new sentence: ``Any such waiver that
applies to an action listed in subsection (b) of this section
is effective only if it is in writing and is executed as an
instrument separate from the obligation or liability to which
it applies.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Prominent Display of Certain Contract Rights
Waivers.--Any waiver in writing of a right or protection
provided by this Act that applies to a contract, lease, or
similar legal instrument must be in at least 12 point
type.''.
SEC. 703. RIGHT OF SERVICEMEMBER PLAINTIFFS TO REQUEST STAY
OF CIVIL PROCEEDINGS.
Section 202(a) of the Servicemembers Civil Relief Act (50
U.S.C. App. 522(a)) is amended by inserting ``plaintiff or''
before ``defendant''.
SEC. 704. TERMINATION OF LEASES.
(a) Joint Leases.--Subsection (a) of section 305 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 535) is
amended to read as follows:
``(a) Termination by Lessee.--
``(1) In general.--The lessee on a lease described in
subsection (b) may, at the lessee's option, terminate the
lease at any time after--
``(A) the lessee's entry into military service; or
``(B) the date of the lessee's military orders described in
paragraph (1)(B) or (2)(B) of subsection (b), as the case may
be.
``(2) Joint leases.--A lessee's termination of a lease
pursuant to this subsection shall terminate any obligation a
dependent of the lessee may have under the lease.''.
(b) Motor Vehicles Leases.--
(1) Applicability to pcs orders from states outside
conus.--Subparagraph (B) of subsection (b)(2) of such section
is amended by striking ``military orders for'' and all that
follows through ``or to deploy'' and inserting ``military
orders--
``(i) for a change of permanent station--
``(I) from a location in the continental United States to a
location outside the continental United States; or
``(II) from a location in a State outside the continental
United States to any location outside that State; or
``(ii) to deploy''.
(2) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(i) Definitions.--
``(1) Military orders.--The term `military orders', with
respect to a servicemember, means official military orders,
or any notification, certification, or verification from the
servicemember's commanding officer, with respect to the
servicemember's current or future military duty status.
``(2) Conus.--The term `continental United States' means
the 48 contiguous States and the District of Columbia.''.
(c) Coverage of Individual Deployments.--Subsection (b) of
such section is further amended in paragraph (1)(B) and
paragraph (2)(B)(ii) (as designated by subsection (b) of this
section) by inserting ``, or as an individual in support of a
military operation,'' after ``deploy with a military unit''.
TITLE VIII--OTHER MATTERS
SEC. 801. PRINCIPAL OFFICE OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
Section 7255 is amended by striking ``District of
Columbia'' and inserting ``Washington, D.C., metropolitan
area''.
SEC. 802. TECHNICAL AMENDMENTS RELATING TO THE UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Restoration of Prior Provision Relating to Chief
Judge.--Section 7253(d)(1) is amended by inserting after
``(1)'' the following: ``The chief judge of the Court is the
head of the Court.''.
(b) Capitalization Amendments.--Section 7253(d)(4)(A) is
amended by striking ``court'' in clauses (i) and (ii) and
inserting ``Court''.
(c) Date of Enactment Reference.--Section 7253(h)(4) is
amended by striking ``the date of the enactment of this
subsection'' and inserting ``December 27, 2001,''.
SEC. 803. EXTENSION OF BIENNIAL REPORT OF ADVISORY COMMITTEE
ON FORMER PRISONERS OF WAR.
Section 541(c)(1) is amended by striking ``2003'' and
inserting ``2009''.
SEC. 804. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REDRESS
FOR CERTAIN VETERANS DENIED OPPORTUNITY TO
COMPETE FOR FEDERAL EMPLOYMENT.
(a) Administrative Redress.--Section 3330a(a)(1) of title
5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) A veteran described in section 3304(f)(1) who alleges
that an agency has violated such section with respect to such
veteran may file a complaint with the Secretary of Labor.''.
(b) Judicial Redress.--Section 3330b(a) is amended by
inserting ``, or a veteran described by section
3330a(a)(1)(B) with respect to a violation described by such
section,'' after ``a preference eligible''.
SEC. 805. REPORT ON SERVICEMEMBERS' AND VETERANS' AWARENESS
OF BENEFITS AND SERVICES AVAILABLE UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report setting forth a detailed
description of (1) the outreach efforts of the Department of
Veterans Affairs, as of the date of the enactment of this
Act, to inform members of the uniformed services and veterans
(and their family members and survivors) of the benefits and
services to which they are entitled under laws administered
by the Secretary, and (2) the current level of awareness of
those members and veterans (and family members and survivors)
of those benefits and services.
(b) Matters to Be Included.--The report under subsection
(a) shall include the following:
(1) A description of the outreach activities conducted by
the Secretary in each of the three Administrations of the
Department of Veterans Affairs and outreach activities
conducted by other entities within the Department.
(2) The results of a national survey, conducted as
described in subsection (c), to ascertain servicemembers' and
veterans' level
[[Page H9758]]
of awareness of benefits and services referred to in
subsection (a) and whether servicemembers and veterans know
how to access those benefits and services.
(3) Recommendations by the Secretary on how outreach and
awareness activities to veterans and servicemembers may be
improved.
(c) Conduct of Survey.--The survey conducted for purposes
of subsection (b)(2) shall be conducted in a manner to
include a statistically valid sample of persons in each of
the following groups:
(1) World War II veterans.
(2) Korean conflict era veterans.
(3) Vietnam era veterans.
(4) Persian Gulf era veterans.
(5) Active duty servicemembers.
(6) National Guard and Reserve members activated under
title 10, United States Code.
(7) Family members and survivors.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Maine (Mr. Michaud) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
(Mr. SMITH of New Jersey asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in strong support of S. 2486, the Veterans
Benefits Improvement Act of 2004. This solid compromise package
incorporates 14 benefit bills that have been referred to the House
Committee on Veterans' Affairs, this Congress and contains more than 40
substantive provisions. S. 2468 would enhance a wide range of veterans'
benefits, including protections for mobilized servicemembers.
I want to draw my colleagues' attention to Title I of this
comprehensive bill, which is derived from H.R. 1716, the Veterans Earn
and Learn Act. This is a bill that I introduced last year along with
the ranking member, the gentleman from Illinois (Mr. Evans), and
others.
The Veterans Earn and Learn Act represents the fifth in a series of
employment and business opportunities bills that our Subcommittee on
Benefits has offered over the last 3 and a half years. The Veterans
Earn and Learn Act would significantly update the Montgomery GI Bill
on-job training and apprenticeship programs to reflect learning
opportunities in American business and industry today. This legislation
is Congress's first major rewrite of the on-job training, or OJT, and
apprentice policies for veterans since World War II.
Additionally, effective October 1, 2005, Title I includes a 10
percent increase in the monthly educational assistance allowance the VA
furnishes to veterans and others pursuing this particular type of
training.
The Veterans Earn and Learn Act is timely because almost 200,000
servicemembers and Reservists separate each year, and they would now
all be eligible to use these Earn and Learn initiatives to continue to
build transferrable skills.
VA's OJT and apprenticeship program is a valuable program for
employers as well. Tapping into veterans as a rich resource of skilled
and qualified employees is a shrewd business strategy for employers of
all sizes. Veterans bring a unique combination of skill, discipline,
character and talent to the workplace.
Title II of the compromise focuses on protecting the civilian job
benefits of activated Reservists. In light of longer active duty tours,
the major provision here would increase from 18 to 24 months the
maximum period of employer-sponsored health care coverage that a
Reservist-employee may elect to continue to receive.
Title III, Mr. Speaker, focuses on veterans' benefits matters. The
key provision of this title is a $250 monthly increase in dependency
and indemnity payments for a surviving spouse with children under the
age of 18. This increase would be payable for 2 years following the
service-connected death of a servicemember or veteran.
Title IV enhances housing benefits for veterans. Among its important
provisions is an increase of the maximum VA home loan to 25 percent of
the Freddie Mac conforming loan amount for a single family residence.
The increase raises from $240,000 to $333,700 the maximum VA home loan
guaranty.
I am also pleased that this title makes some needed changes to
provide flexibility in VA's administration of Transitional Housing
program for homeless veterans. The very first loan under this program
should close this month, I would point out to my colleagues, and I am
looking forward to several more projects getting under way in the next
6 months.
Title V focuses on protecting some of our most vulnerable veterans
and dependents when it is necessary to pay the VA benefits on their
behalf to a third party.
This bill also makes improvements to the Servicemembers Civil Relief
Act. I am pleased it includes provisions that I had authored, including
one to furnish additional protections to servicemembers and their
spouses with respect to residential and motor vehicle leases when the
servicemember is mobilized or sent to a new duty assignment, sometimes
with little advance notice.
Finally, I am especially pleased that one of the sections of Title
VIII would allow the principal office of the U.S. Court of Appeals for
Veterans Claims to be located at any location in the Washington, D.C.,
metropolitan area, if that location would allow greater cost
efficiencies or a permanent building for the court.
Mr. Speaker, I rise today in strong support of S. 2486, the Veterans
Benefits Improvement Act of 2004.
I appreciate the opportunity to work with Arlen Specter and Bob
Graham, the distinguished chairman and ranking member, respectively, of
the Senate Committee on Veterans' Affairs, in writing this
comprehensive legislation. I thank them both for their leadership.
The Veterans' Benefits Improvement Act of 2004 incorporates 14
benefits bills that have been referred to the House Committee on
Veterans' Affairs this Congress. S. 2486 contains more than 40
substantive provisions which would enhance programs affecting veterans'
education, training, employment, reemployment, compensation and
pension, housing, fiduciary, protections for mobilized servicemembers,
and other benefits.
Mr. Speaker, I want to draw my colleagues' attention to title one of
this comprehensive bill, the Veterans Earn and Learn Act, which is
derived from H.R. 1716, introduced by Ranking Member Lane Evans and me
and many others.
This section represents the fifth of six measures in a Veterans' Jobs
and Business Opportunities package that our Subcommittee on Benefits
has authored over the last 3\1/2\ years. I appreciate the vision and
bipartisan leadership of Jack Quinn and Bob Filner, followed by J.D.
Hayworth and Bob Filner, then Mike Simpson and Silvestre Reyes, and now
Henry Brown and Michael Michaud on this package.
Title one of the bill would significantly update the on-job training
and apprenticeship programs administered by the Department of Veterans
Affairs to reflect learning opportunities in American business and
industry today. Indeed, this legislation is Congress' first major
rewrite of on-job training, OJT, and apprenticeship policies for
veterans since World War II.
Plus, effective October 1 of 2005, the bill would increase by 10
percent the monthly educational assistance allowance that the
Department of Veterans Affairs furnishes eligible veterans, dependent
widows and children, and Reservists.
The Veterans Earn and Learn title of the bill is timely because 419
military occupational specialties are currently transferable to the
civilian economy. Almost 200,000 separating servicemembers per year,
including Reservists, would be eligible to use these Earn and Learn
initiatives to continue to build transferable skills. This measure
represents a unique opportunity for veterans, Reservists, and dependent
widows and children to use their VA educational assistance benefits to
augment the entry-level wage the employer pays them as they train on
the job. As the training wage increases over time, the monthly VA
educational assistance allowance decreases.
VA's OJT and apprenticeship program is a valuable program for
employers, too. For example, in a 3-year apprenticeship, VA education
benefits under this measure would augment the veteran's training wage
furnished by the employer by $17,891. In fact, Missouri has documented
that VA's on-job training and apprenticeship programs improve employee
retention and bring significant federal training dollars to Missouri
communities to the tune of $38 million annually. Tapping into veterans
as a rich source of skilled and qualified employees is a shrewd
business strategy for employers of all sizes, as veterans bring a
unique combination of skill, discipline, character, and talent to the
workplace.
The monthly OJT/apprenticeship rates vary based on eligibility. But
here are some brief examples of the amount of VA educational
[[Page H9759]]
program allowances beneficiaries would receive in 1- and 2-year on-job
training programs and 3- and 4-year apprenticeships under the
Montgomery GI Bill:
A Reservist participating in a 1-year on-job training program as a
management trainee in a retail establishment would receive $2,471 over
12 monthly payments.
A widow or dependent child who participates in a 2-year training
program as a financial adviser with an investment firm would receive
$9,643 over 24 monthly payments.
A veteran who participates in a 3-year apprenticeship program in
plumbing would receive $17,891 over 36 monthly payments.
A veteran who participates in a 4-year apprenticeship program as an
electrician would receive $22,529 over 48 monthly payments.
Mr. Speaker, it's important to note that on-job training and
apprenticeships are excellent, practical ways for veterans to use their
VA education benefits, especially for those who are married with
families to support. VA education benefits are not limited to classroom
training.
Let me now highlight other titles in this comprehensive bill.
Title two focuses on employment matters. A major aspect of this title
is a provision to increase from 18 to 24 months the maximum period of
employer-sponsored health coverage that an employee covered by the
Uniform Services Employment and Reemployment Rights Act of 1994 may
elect to continue to receive. This extension of coverage is essential
given the longer active-duty tours of our reservists. I commend
Representatives Henry Brown and Michael Michaud for their leadership on
this issue.
Title three focuses on veterans' benefits matters. A key part of this
title is the provision that provides a $250 monthly increase in
dependency and indemnity payments for a surviving spouse with children
under age 18. These payments are authorized during the 2-year period
following the service-connected death of the servicemember or veteran.
I commend Chairman Specter and Ranking Member Graham for their
leadership on this provision.
Title four enhances housing matters. Among other important
provisions, this section of the bill increases the maximum VA home loan
to 25 percent of the Freddie Mac conforming loan amount for a single-
family residence. It also annually indexes the maximum amount of VA's
home loan guaranty for construction or purchase of a home to that
Freddie Mac limit. In effect, the increase raises from 240,000 to
$333,700 the maximum home loan purchase amount on a VA-guaranteed
purchase.
I am also very pleased this section makes some small needed changes
the Department of Veterans Affairs has asked for to provide greater
flexibility in its administration of the Transitional Housing program.
I was pleased to work with VA in this regard so as to make the
Transitional Housing program as effective as possible.
Title five focuses on fiduciary matters to protect our more
vulnerable veterans and dependents when they require a third party
payee to receive VA benefits on their behalf. These provisions are the
result of 2 hearings held by the Subcommittee on Benefits, and I
commend Representatives Henry Brown and Susan Davis for their work on
this section of the bill.
Title six addresses various memorial affairs issues, including
designating a monument constructed at the Riverside National Cemetery
in Riverside, CA, as a Prisoner of War/Missing in Action National
Memorial.
Title seven makes various improvements to the Servicemembers Civil
Relief Act. I am very pleased this section of the bill includes the
provision I authored to furnish additional protections to
servicemembers and their spouses with respect to residential and motor
vehicle leases. This provision modifies section 305 of the
Servicemembers Civil Relief Act to address the reality of
servicemembers having to terminate leases due to longer-term
mobilization or deployment. This provision clarifies that if a
servicemember terminates a lease entered into jointly with a
dependent--usually the spouse--the obligations of both the
servicemember and the dependent are terminated. This affords military
families the additional protections they need when the servicemember is
mobilized to a new duty assignment--sometimes with little advance
notice--and the family, too, must relocate.
Lastly, title eight addresses other important matters. I am pleased
this section authorizes that the principal office of the U.S. Court of
Appeals for Veterans Claims to be located at any location in the
Washington, DC, metropolitan area. Another location may furnish greater
cost efficiencies for the court.
In closing, I thank Chairman Brown and Ranking Member Michaud for
their leadership and continued bipartisan cooperation. I'd also like to
thank the staff on both sides of the aisle in the House and Senate
Committees on Veterans' Affairs for their diligent work in bringing
this bill to the floor.
Mr. Speaker, I urge my colleagues to support S. 2486.
Mr. Speaker, for the benefit of my colleagues, the following is a
joint explanatory statement describing the compromise agreement we have
reached with the other body and a letter from the Committee on the
Judiciary concerning S. 2486 and our committee's response.
Explanatory Statement on Senate Amendments to S. 2486
S. 2486, as amended, the ``Veterans Benefits Improvement
Act of 2004,'' reflects a Compromise Agreement reached by the
Senate and House Committees on Veterans' Affairs (the
Committees) on the following bills reported during the 108th
Congress: S. 2485, as amended; S. 2486, as amended; and S.
1132, as introduced (Senate Bills); H.R. 1716, as amended;
H.R. 3936; H.R. 4175, as amended; H.R. 4345; and H.R. 4658,
as amended (House Bills).
The Senate and House Committees on Veterans' Affairs have
prepared the following explanation of S. 2486, as amended
(Compromise Agreement). Differences between the provisions
contained in the Compromise Agreement and the related
provisions of S. 2485, as amended; S. 2486, as amended; S.
1132, as introduced; H.R. 1716, as amended; H.R. 3936; H.R.
4175, as amended; H.R. 4345; and H.R. 4658, as amended; 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--VETERANS EARN AND LEARN ACT
MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN ON-JOB TRAINING
PROGRAMS
Current Law
Section 3687 of title 38, United States Code, charges the
Montgomery GI Bill-Active Duty and Selected Reserve programs'
entitlement usage based on the actual ``dollars used'' of
monthly VA payment amounts. The entitlement charge under the
Vietnam-era and survivors' and dependents' educational
assistance programs is based on the time spent in certain
training programs.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 102 of H.R. 1716, as amended, would modify the
manner in which VA on-job training and apprenticeship benefit
entitlement is charged under the MGIB, Vietnam-era and
survivors' and dependents' programs. The modification would
charge entitlement usage for all programs based on ``dollars
used'' rather than time spent in training. This provision
would take effect one year after date of enactment.
Compromise Agreement
Section 102 of the Compromise Agreement follows the House
language with an effective date of months beginning after
September 30, 2005.
INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR ON-JOB
TRAINING
Current Law
Sections 3032 and 3233 of title 38, United States Code, and
Section 16131 of title 10, United States Code, state that
beneficiaries pursuing full-time apprenticeship or on-job
training programs will receive 75 percent of the monthly
educational assistance benefit for the first six months of
training, 55 percent for the second six months of training
and 35 percent for the subsequent months.
Section 3687 of title 38, United States Code, states that
beneficiaries receiving full-time VA monthly Survivors' and
Dependents' Educational Assistance allowances payable to
individuals pursuing full-time apprenticeship or on-job
training programs will receive, as of October 1, 2004, $585
for the first six months of training, $438 for the second six
months of training, $291 for the third six months, and $147
for the remainder of the program.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 104 of H.R. 1716, as amended, would increase by 10
percent the full-time VA monthly educational assistance
allowance payable to individuals pursuing a full-time
apprenticeship or on-job training program. For the first six
months of training, the percentage of the monthly benefit
would increase to 85 percent; for the second six months of
training, to 65 percent; and for subsequent months to 45
percent. These percentage increases would apply to the
Montgomery GI Bill Active Duty and Selected Reserve programs,
and the Post-Vietnam Era Veterans' Educational Assistance
program. The Survivors' and Dependents' Educational
Assistance program would increase to $650 for the first six
months of training, $507 for the second six months of
training and $366 for the third six months. This provision
would be in effect from October 1, 2005 through September 30,
2010.
Compromise Agreement
Section 103 of the Compromise Agreement generally follows
the House language, but
[[Page H9760]]
the 10 percent increase would take effect October 1, 2005
through December 31, 2007.
AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIPS
Current Law
Section 3672 of title 38, United States Code, currently
allows payment of VA educational assistance benefits for
time-based apprenticeships.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 105 of H.R. 1716, as amended, would authorize VA to
pay educational assistance benefits to veterans participating
in approved programs of competency-based apprenticeships;
this new authority is in addition to time-based
apprenticeships. In the case of a competency-based
apprenticeship registered with the Secretary of Labor, this
provision requires VA to consider Department of Labor
standards in determining the appropriate length and structure
of the competency-based apprenticeship. This section would
also direct the Secretary of Veterans Affairs to use up to $3
million to develop the computer systems and procedures needed
to carry out section 105(a), 102, 103, and 104 of the bill.
Compromise Agreement
Section 104 of the Compromise Agreement follows the House
language. The Committees note that this provision
acknowledges competency-based apprenticeships but does not
require employers to use them in lieu of time-based
apprenticeships. In today's workplace, apprenticeship
programs are time-based or competency-based, or a combination
of the two. Lastly, the Committees note that apprenticeships
offered in industries that elect not to register them with
the Department of Labor, but are approved by a State
approving agency or VA, would continue to serve as legitimate
training opportunities for veterans.
TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE FOR SPOUSES OF MEMBERS WHO DIES ON ACTIVE DUTY
Current Law
Chapter 35 of title 38, United States Code, entitles the
surviving spouse of a servicemember or veteran who died of a
service-connected injury, or the spouse of a veteran who is
rated by VA as totally and permanently disabled as the result
of a service-connected disability, to educational assistance
provided by the Secretary. An eligible spouse is entitled to
use such educational assistance during a ten-year period
beginning on either: (1) the date the person became eligible
by reason of the servicemember's or veteran's service-
connected death, or (2) the date on which the veteran was
rated by VA as totally and permanently disabled as the result
of a service-connected injury. A spouse may be eligible for
two ten-year eligibility periods as the result of two
distinct qualifying events. A spouse who is entitled to two
eligibility periods will not have a subsequent period of
eligibility reduced by any earlier period.
Senate Bill
Section 203 of S. 2486, as amended, would extend chapter 35
educational assistance eligibility from 10 to 20 years for a
surviving spouse of any person who died on active duty.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 105 of the Compromise Agreement follows the Senate
language.
AVAILABILITY OF EDUCATIONAL BENEFITS FOR PAYMENT FOR NATIONAL
ADMISSIONS EXAMS AND NATIONAL EXAMS FOR CREDIT AT INSTITUTIONS OF
HIGHER EDUCATION
Current Law
Sections 3452(b) and 3501(a)(5) of title 38, United States
Code, define the term ``program of education'' to generally
include a required course, or combination of courses, that
lead to an identified educational, professional, or
vocational objective. A ``program of education'' also
includes licensing or certification tests that are generally
required to enter into, maintain, or advance in a vocation or
profession. Section 3002(3) of title 38, United States Code,
expands the definition of ``program of education'' provided
in 3452(b) to include preparatory courses for a test required
or used for admission to an institution of higher education
or graduate school.
Senate Bill
Section 204 of S. 2486, as amended, would authorize VA to
provide educational assistance benefits to reimburse eligible
beneficiaries for the cost of certain national tests required
for admission to institutions of higher learning or graduate
schools and for national tests that can qualify veterans for
receipt of college credit.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 106 of the Compromise Agreement follows the Senate
language, but adds the College Level Examination Program
(CLEP) as an example of a test for which educational
assistance benefits may be used.
REQUIREMENT FOR COORDINATION OF DATA AMONG THE DEPARTMENTS OF VETERANS
AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO ON-JOB TRAINING
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 107 of H.R. 1716, as amended, would require certain
coordination of information among the Departments of Veterans
Affairs, Defense, and Labor with respect to on-job training
and apprenticeship programs. First, at the time of a
servicemember's separation from active duty, the Secretary of
Defense would be required to furnish the Secretary of
Veterans Affairs with information concerning each registered
apprenticeship pursued by the servicemember during his or her
active duty service. Second, it would require the Secretary
of Veterans Affairs, in coordination with the Secretary of
Labor, to encourage and assist States and private
organizations to accord credit to servicemembers for skills
in any related apprenticeship the servicemember may pursue in
civilian life.
Compromise Agreement
Section 107 of the Compromise Agreement follows the House
language.
PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN DEPARTMENT OF
VETERANS AFFAIRS CLAIMS ADJUDICATORS
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 106 of H.R. 1716, as amended, would require the
Secretary of Veterans Affairs to establish a pilot program to
furnish structured on-job training and on-job training
benefits to claims adjudicators training in its disability
compensation, dependency and indemnity compensation (DIC),
and pension programs. The Secretary would be required to
submit reports concerning continuation and expansion of the
pilot program.
Compromise Agreement
Section 108 of the Compromise Agreement generally follows
the House language, but authorizes the Secretary to establish
a pilot program to furnish formal, structured on-job
training/benefits to claims adjudicators at the Secretary's
discretion, and not by statutory mandate. The Committees note
that one of VA's four regional offices that adjudicate
educational assistance claims already offer such formal,
structured on-job training.
COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL FROM MEMBERS OF THE SELECTED RESERVE CALLED TO ACTIVE DUTY
Current Law
Sections 3011(b) and 3012(c) require that for a
servicemember to be eligible for Montgomery GI Bill (MGIB)
educational assistance benefits, the servicemember's active
duty pay must be reduced by $100 for each of the first 12
months that the individual is entitled to such pay. The
Secretary of Defense (or, in cases involving the activation
of U.S. Coast Guard personnel, the Secretary of Homeland
Security) is responsible for the collection of the $1,200
payment.
Senate Bill
Section 201 of S. 2486, as amended, would permit the
Secretary of Defense (or, in cases involving the activation
of Coast Guard personnel, the Secretary of Homeland Security)
to collect an activated Selected Reserve member's $1,200
payment before the servicemember commences use of MGIB
educational assistance benefits.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 109 of the Compromise Agreement follows the Senate
language with the requirement that the servicemember furnish
a $1,200 payment not later than 1 year after completion of
the 2 years of active duty.
TITLE II--EMPLOYMENT MATTERS
Subtitle A--Employment and Reemployment Rights
TWO-YEAR PERIOD OF CONTINUATION OF EMPLOYER-SPONSORED HEALTH CARE
COVERAGE
Current Law
Section 4317(a)(1)(A) of title 38, United States Code,
allows servicemembers covered under the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA) to
elect to continue employer-provided health coverage for up to
18 months while on active duty, provided the servicemember
pays up to 102 percent of the premium.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 201 of H.R. 4658, as amended, would increase from
18 months to 24 months the maximum period of employer-
provided health coverage that an employee covered by USERRA
may elect to continue. The coverage would become effective on
the first day of the servicemember's absence from employment
following the date of enactment of this provision.
Compromise Agreement
Section 201 of the Compromise Agreement follows the House
language.
[[Page H9761]]
REINSTATEMENT OF REPORTING REQUIREMENTS
Current Law
Section 4332 of title 38, United States Code, formerly
required that the Secretary of Labor, in consultation with
the Office of Special Counsel and the U.S. Attorney General,
provide annual reports to Congress on the disposition of
cases filed under USERRA. This requirement expired on
February 1, 1996.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 202 of H.R. 4658, as amended, would reinstate a
requirement that the Secretary of Labor, in consultation with
the Office of Special Counsel and the U.S. Attorney General,
provide annual reports to Congress on the disposition of
cases filed under USERRA, effective February 1, 2005.
Compromise Agreement
Section 202 of the Compromise Agreement follows the House
language.
REQUIREMENT FOR EMPLOYERS TO PROVIDE NOTICE OF RIGHTS AND DUTIES UNDER
USERRA
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 211 of H.R. 4658, as amended, would require
employers to provide notice to employees of the rights,
benefits and obligations under USERRA. Section 211 would also
require the Department of Labor to make available to
employers, within 90 days after the date of enactment of this
provision, the text of the notice.
Compromise Agreement
Section 203 of the Compromise Agreement follows the House
language.
DEMONSTRATION PROJECT FOR REFERRAL OF USERRA CLAIMS AGAINST FEDERAL
AGENCIES TO THE OFFICE OF SPECIAL COUNSEL
Current Law
Section 4322 of title 38, United States Code, provides that
an individual who believes his or her USERRA rights have been
violated by a Federal executive agency may file a complaint
with the Secretary of Labor to investigate such complaint. If
the Secretary of Labor is unable to resolve the complaint,
then in accordance with section 4324 of title 38, United
States Code, the individual may request that the Secretary of
Labor refer the complaint to the Office of Special Counsel
(OSC) for resolution before the Merit Systems Protection
Board.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 212 of H.R. 4658, as amended, would require the
Secretary of Labor and the Office of Special Counsel (OSC) to
carry out a three-year demonstration project on enforcement
of USERRA rights for Federal executive branch employees. The
demonstration project would allow certain individuals who
allege a Federal executive agency has violated their USERRA
rights to file a complaint with OSC. For the OSC
demonstration project, USERRA cases involving Federal
agencies would be selected by the terminal digit of the
claimant's social security number or, if there is no social
security number, the claimant's case number. Cases with odd
terminal digits would be sent directly to OSC. The
Comptroller General of the United States would be required to
conduct periodic evaluations of the demonstration project and
submit to Congress a final report.
Compromise Agreement
Section 204 of the Compromise Agreement follows the House
language. While this demonstration project would be limited
to USERRA cases involving Federal executive agency employees,
the Committees intend to examine further USERRA education and
enforcement activities by the Departments of Labor, Justice
and Defense to determine whether all claimants are being
effectively and efficiently served under the current system.
Subtitle B--Other Matters
REPORT OF EMPLOYMENT PLACEMENT, RETENTION, AND ADVANCEMENT OF RECENTLY
SEPARATED SERVICEMEMBERS
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 206 of H.R. 1716, as amended, would direct the
Secretary of Veterans Affairs to contract for a report within
180 days of enactment on employment placement, retention, and
advancement of recently-separated veterans.
Compromise Agreement
Section 211 of the Compromise Agreement follows the House
language.
TITLE III--BENEFITS MATTERS
ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES
WITH DEPENDENT CHILDREN
Current Law
Section 1311(a) of title 38, United States Code, prescribes
the payment of dependency and indemnity compensation (DIC) to
the surviving spouse of a veteran or servicemember who dies
as a result of a service-connected disability. Section
1311(b) provides for an additional amount of DIC to be paid
for each of the surviving spouse's children who are under the
age of 18.
Senate Bill
Section 4 of S. 1132, as introduced, would provide for a
$250 monthly increase in DIC payments for a surviving spouse
with children below the age of 18. Such payments would be
authorized during the 5-year period following the service-
connected death of the servicemember or veteran. Such
payments would cease when all children of a surviving spouse
reach age 18.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 301 of the Compromise Agreement follows the Senate
language, except that the $250 monthly increase in DIC would
only be authorized during the 2-year period following the
application for such benefit. The Committees intend that when
the Secretary notifies a DIC recipient of the additional
benefit provided by this section, such notice shall clearly
indicate that this is a transitional benefit which is limited
to two years.
OFFSET OF VETERANS' DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION FROM AWARDS UNDER RADIATION EXPOSURE
COMPENSATION PROGRAM
Current Law
Under current law, a veteran who first applies for and
receives an award under the compensation program administered
by the Department of Justice pursuant to the Radiation
Exposure Compensation Act (RECA), Public Law 101-426, is
prohibited from receiving benefits from the Department of
Veterans Affairs. However, a veteran who applies for VA
benefits first may then apply for the RECA award, subject to
an offset by the Department of Justice of the amounts
received from VA.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 202 of H.R. 1716, as amended, would repeal the bar
that prevents a veteran or survivor from applying for VA
benefits if the individual had previously received
compensation from the Department of Justice's RECA program.
The bill would allow individuals to receive VA compensation
or dependency and indemnity compensation (DIC) benefits to
which they are entitled. However, VA would be required to
withhold compensation or DIC payments until the amount of the
RECA award has been deducted. This provision is effective for
compensation or DIC benefits paid after March 26, 2002. This
is the date regulations providing for a presumption of
service-connection for certain radiation-related disabilities
were established.
Compromise Agreement
Section 302 of the Compromise Agreement follows the House
language.
EXCLUSION OF LIFE INSURANCE PROCEEDS FROM CONSIDERATION AS INCOME FOR
VETERANS' PENSION PURPOSES
Current Law
Section 1503(a) of title 38, United States Code, requires
VA in determining eligibility for death pension benefits to
consider annual income, including all payments of any kind or
from any source.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 203 of H.R. 1716, as amended, would exclude life
insurance proceeds from consideration of income for death
pension benefits.
Compromise Agreement
Section 303 of the Compromise Agreement follows the House
language.
CERTAIN SERVICE-CONNECTED DISABILITY BENEFITS AUTHORIZED FOR PERSONS
DISABLED BY TREATMENT OR VOCATIONAL REHABILITATION PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS
Current Law
Section 1151(a) of title 38, United States Code, authorizes
disability compensation or dependency and indemnity
compensation for veterans and their dependents who are
injured or die as a result of negligent VA medical treatment,
or in VA-sponsored rehabilitation or training. Under the
decision of the United States Court of Appeals for the
Federal Circuit in Kilpatrick v. Secretary of Veterans
Affairs, 327 F.3d 1375 (Fed. Cir. 2003), veterans disabled
under section 1151 are eligible for specially adapted housing
allowances under chapter 21 of title 38, United States Code.
Section 1151(b) prohibits the receipt of VA compensation
benefits or DIC (for amounts attributable to loss of
consortium or society) where an individual, on or after
December 1, 1962, receives a judgment against, or settlement
or compromise payment from, the United States, until an
amount equal to any judgment against, or settlement or
compromise payment from the United States is recouped.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 205(a) of H.R. 1716, as amended, would allow
veterans and dependents who
[[Page H9762]]
are injured as a result of negligent VA medical treatment or
rehabilitation or training to qualify for vocational
rehabilitation benefits, in addition to specially adapted
automobile and adaptive equipment grants. Section 205(b)
would provide that where a judgment, settlement or compromise
of a claim is offset against benefits provided by the
Secretary, such offset would be applied only to the
comparable benefit.
Compromise Agreement
Section 304 of the Compromise Agreement generally follows
the House language, but omits eligibility for vocational
rehabilitation benefits. Section 205(c) is amended to provide
that in the event that a judgment, settlement or compromise
specifically designates a portion of such award for housing
or automobile benefits such as those provided under Chapters
21 or 39, and the beneficiary later applies for benefits
under Chapter 21 or 39, benefits under those chapters would
be reduced by the amount of benefits specifically designated
in the judgment, settlement or compromise. Any amounts in
excess of those permitted under Chapter 21 or 39 would be
offset against benefits paid under Chapter 11.
EFFECTIVE DATE OF DEATH PENSION
Current Law
Section 5110(d) of title 38, United States Code, provides
that an award based on a death pension claim received more
than 45 days after the veteran's death can be effective no
earlier than the date of the claim. If the application is
received within 45 days of the veteran's death, then the
effective date of the death pension award is the first day of
the month in which the death occurred.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 204 of H.R. 1716, as amended, would repeal the 45-
day rule for the effective date of death pension. Therefore,
a claim for death pension received within one year from the
date of the veteran's death would be effective the first day
of the month in which the death occurred.
Compromise Agreement
Section 305 of the Compromise Agreement follows the House
language.
CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO PRESUMPTIONS OF
SERVICE CONNECTION FOR VETERANS EXPOSED TO IONIZING RADIATION
Current Law
Section 1112(c)(2) of title 38, United States Code, lists
16 diseases that VA presumes are related to exposure to
ionizing radiation. In addition to the 16 listed in statute,
VA regulations list an additional five diseases: bone cancer,
brain cancer, colon cancer, lung cancer, and ovarian cancer.
Servicemembers who participated in certain radiation-risk
activities, as defined in section 1112(c)(3)(B), benefit from
the presumption of service-connection to ionizing radiation.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 201 of H.R. 1716, as amended, would add bone
cancer, brain cancer, colon cancer, lung cancer, and ovarian
cancer to the statutory list of those diseases presumed to be
related to ionizing radiation exposure during participation
in certain radiation-risk activities. Section 201 would also
codify additional locations where radiation-risk activities
occurred for purposes of determining which veterans qualify
for the presumption of service-connection of certain diseases
related to ionizing radiation exposure.
Compromise Agreement
Section 306 of the Compromise Agreement follows the House
language.
TITLE IV--HOUSING MATTERS
AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO CERTAIN DISABLED
VETERANS
Current Law
Chapter 21 of title 38, United States Code, authorizes the
Secretary to provide grants to adapt or acquire suitable
housing for certain severely disabled veterans.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 302 of H.R. 1716, as amended, would extend
eligibility for specially adapted housing grants to veterans
with permanent and total service-connected disabilities due
to the loss, or loss of use, of both arms at or above both
elbows.
Compromise Agreement
Section 401 of the Compromise Agreement follows the House
language.
TRANSITIONAL HOUSING AMENDMENTS
Current Law
Section 2051 of title 38, United States Code, establishes
the general authority governing loan guarantees for
multifamily transitional housing. Section 2052 establishes
eligibility and other requirements for such loans.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 303 of H.R. 1716, as amended, would provide that a
multifamily transitional housing project that is funded by a
VA-guaranteed loan may accept uncompensated voluntary
services as defined in section 2011(d) of title 38, United
States Code, in connection with the construction, alteration,
or repair of such project. This section would also add
commercial activities, other than neighborhood retail
services or job training programs, to the purposes for which
multifamily transitional housing space may be used.
Compromise Agreement
Section 402 of the Compromise Agreement follows the House
language. The Committees intend that veterans be hired at
these new centers of commercial activity where practicable.
INCREASE IN, AND ANNUAL INDEXING OF, MAXIMUM AMOUNT OF HOME LOAN
GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES
Current Law
Section 3703 of title 38, United States Code, establishes
that a loan of more than $144,000 made to an eligible veteran
under section 3710 for purchase or construction of a home is
automatically guaranteed by the United States in an amount
not to exceed the lesser of $60,000 or 25 percent of the
loan.
Senate Bill
Section 101 of S. 2486, as amended, would increase the
maximum VA home loan guaranty to 25 percent of the Freddie
Mac conforming loan amount for a single-family residence and
annually index the maximum amount of VA's home loan guaranty
for construction or purchase of a home to the Freddie Mac
limit.
House Bill
Section 301 of H.R. 1716, as amended, and H.R. 4345 contain
a similar provision.
Compromise Agreement
Section 403 of the Compromise Agreement follows the Senate
language.
EXTENSION OF AUTHORITY FOR GUARANTEE OF ADJUSTABLE RATE MORTGAGES
Current Law
Section 3707 of title 38, United States Code, formerly
authorized a three-year test of a VA-guaranteed adjustable
rate mortgage program (ARM). The VA ARM program was in force
from fiscal year 1993 through fiscal year 1995.
Senate Bill
Section 102 of S. 2486, as amended, would reinstate the VA
ARM program and extend its authorization through fiscal year
2011.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 404 of the Compromise Agreement follows the Senate
language but would extend the VA ARM program authorization
through fiscal year 2008.
EXTENSION AND IMPROVEMENT OF AUTHORITY FOR GUARANTEE OF HYBRID
ADJUSTABLE RATE MORTGAGES
Current Law
Section 3707A of title 38, United States Code, authorizes
VA, during fiscal years 2004 and 2005, to guarantee hybrid
adjustable rate mortgage (hybrid ARM) loans. Annual interest
rate adjustments on VA-guaranteed hybrid ARM loans are
subject to a maximum increase or decrease of one percentage
point and are limited over the term of the mortgage to a
maximum increase of five percentage points above the initial
fixed rate of interest.
Senate Bill
Section 103 of S. 2486, as amended, would extend the
authority of VA to guarantee hybrid ARM loans through fiscal
year 2011. For hybrid ARM loans with fixed periods of
interest of less than 5 years, the initial and subsequent
annual interest rate adjustments would be limited to one
percentage point. For hybrid ARM loans with an initial rate
of interest fixed for 5 years or more, section 103 would give
VA the authority to set an appropriate interest rate cap for
the initial interest rate adjustment. Annual adjustments
thereafter would be subject to a one percentage point cap.
Finally, section 103 would require VA to prescribe the
maximum number of percentage points above the initial fixed
rate of interest that would limit, over the term of a hybrid
ARM mortgage, interest rate adjustments.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 405 of the Compromise Agreement follows the Senate
language but would extend the VA hybrid ARM program through
fiscal year 2008.
TERMINATION OF COLLECTION OF LOAN FEES FROM VETERANS RATED ELIGIBLE FOR
COMPENSATION AT PRE-DISCHARGE RATING EXAMINATIONS
Current Law
Section 3729(a) of title 38, United States Code, requires
VA to collect a fee from each person obtaining a housing loan
guaranteed by VA. Section 3729(c) prohibits the collection of
loan fees from veterans who are receiving VA disability
compensation. Disability compensation may only be paid upon
an active duty servicemember's discharge from service.
Senate Bill
Section 104 of S. 2486, as amended, would allow a
servicemember who is rated eligible to receive disability
compensation as a result of a pre-discharge medical
examination
[[Page H9763]]
to qualify for a waiver of the VA home loan funding fee.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 406 of the Compromise Agreement follows the Senate
language.
THREE-YEAR EXTENSION OF NATIVE AMERICAN VETERAN HOUSING LOAN PILOT
PROGRAM
Current Law
Section 3761 of title 38, United States Code, establishes
the general authority governing a pilot program for housing
loans to Native Americans residing on tribal lands. The pilot
program is authorized through December 31, 2005.
House Bill
H.R. 5153 would extend the Native American Home Loan
Program through December 31, 2010.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 407 of the Compromise Agreement extends the pilot
program until December 31, 2008.
TITLE V--MATTERS RELATING TO FIDUCIARIES
DEFINITION OF FIDUCIARY
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 301 of H.R. 4658, as amended, would define a
fiduciary for the purposes of chapters 55 and 61 of title 38,
United States Code, as (1) the guardian, curator,
conservator, committee or person legally vested with the
responsibility or care of a claimant (or the estate) or of a
beneficiary (or beneficiary's estate); or (2) any other
person appointed in a representative capacity to receive
money paid from VA.
Compromise Agreement
Section 501 of the Compromise Agreement follows the House
language.
INQUIRY, INVESTIGATIONS, AND QUALIFICATION OF FIDUCIARIES
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 302 of H.R. 4658, as amended, would require VA to
certify, following an inquiry or investigation, the fitness
of a fiduciary. Such inquiry or investigation would be
conducted through, to the extent practicable, a face-to-face
interview, review of a credit report issued within one year
of the fiduciary's proposed appointment, and the furnishing
of any bond that may be required by the Secretary.
Additionally, the Secretary would be required to request
information on whether that person has been convicted of any
offense under Federal or State law resulting in imprisonment
for more than one year. If the proposed fiduciary has been
convicted of such an offense, the Secretary may certify the
person as a fiduciary only if the Secretary makes a specific
finding of rehabilitation and finds that the proposed
fiduciary is an appropriate one to act as the fiduciary for
the beneficiary.
In cases of a parent or step-parent of a minor beneficiary
(natural or adopted), spouse or parent of an incompetent
beneficiary, a person who has been appointed by a court of
competent jurisdiction, or a person appointed to manage an
estate where the annual amount of veterans benefits to be
managed does not exceed $3,600 (adjusted for annual cost-of-
living increases), the Secretary may certify the potential
fiduciary on an expedited basis.
If needed to protect the assets of the beneficiary when a
determination of incompetence is being made or appealed, or a
fiduciary is appealing a determination of misuse of veteran's
benefits, the Secretary would have the authority to appoint a
temporary fiduciary, for a period not to exceed 120 days. If
a final decision has not been made within 120 days of the
appointment of the temporary fiduciary, the Secretary would
not be able to continue the temporary appointment without a
court order for the appointment of a guardian, conservator,
or similar legal fiduciary.
Compromise Agreement
Section 502 of the Compromise Agreement follows the House
language with modifications. Language requiring a specific
finding of rehabilitation before a person with a prior felony
conviction may be appointed to serve as a fiduciary is
omitted. The Committees intend that the Secretary have
discretion in determining when such a person would be an
appropriate person to serve as a fiduciary. The Committees
expect the Secretary to consider such factors as the length
of time since the conviction, the nature of the offense, the
relationship of the proposed fiduciary to the beneficiary,
and other factors which would demonstrate the appropriateness
of the appointment.
MISUSE OF BENEFITS BY FIDUCIARIES
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 303 of H.R. 4658, as amended, would, if the
Secretary or a court of competent jurisdiction determines the
fiduciary misused some or all of the veterans' benefits,
prohibit a fiduciary from collecting a fee from a beneficiary
for any month benefits were misused. Additionally, any fee
collected would be considered to be misused.
Any fiduciary, except a Federal, State or local government
agency, would be liable for the amount misused, and that
amount would be treated as an erroneous payment to the
fiduciary for purposes of laws pertaining to the recovery of
overpayments. The misappropriated amount would be recovered
in the same manner as any other debt due the United States,
and the Secretary would repay to the beneficiary or the
beneficiary's successor fiduciary, an amount equal to the
recovered amount.
In the event the misused benefits are due to the
Secretary's negligent failure to investigate or monitor the
fiduciary, the Secretary would be liable to reissue all the
benefits. Examples of failure to monitor a fiduciary
adequately would include the Secretary's failing to review,
in a timely manner, a fiduciary's accounting; failing to
act in a timely manner when notified of allegations of
misuse; and any other case when actual negligence is
shown. In any case, a fiduciary who is (1) not an
individual (i.e., an agency) or (2) is an individual who,
for any month during a period when misuse occurs, serves
ten or more individuals who are beneficiaries under title
38, United States Code, the Secretary would also reissue
benefits. When the Secretary reissues a benefit payment,
the Secretary is directed to make a good-faith effort to
recoup the funds from the fiduciary to which the original
payment was made.
Compromise Agreement
Section 503 of the Compromise Agreement follows the House
language with modifications. The Committees have omitted
language authorizing the Secretary to make a finding of
misuse and treat the portions of benefits misused as
erroneous payments to the fiduciary. Also omitted is language
authorizing the Secretary to impose liability upon the
fiduciary and recover misused funds in the same manner as any
other debt owed to the United States. In addition, the
Committees have omitted the provision that would have made a
determination by the Secretary that a fiduciary has misused
benefits a decision of the Secretary for purposes of section
511(a) of title 38, United States Code. The Committees
recognize that it is the duty of the Federal government to
recover misused funds and expect that VA and other government
agencies will make every effort to recover misused funds.
However, at this time, the Committees need to assess further
the appropriateness of requiring a fiduciary accused of
misuse by the Secretary to appeal such a finding in the
appeals venue established for adjudicating veterans'
entitlement claims.
The Committees have also amended the provision requiring
the Secretary to reissue benefits when the Secretary has
negligently failed to monitor or investigate a fiduciary. In
particular, the Committees have specified that a timely
review of a scheduled accounting or investigation of misuse
is one that occurs within 60 days of the scheduled accounting
or notification of alleged misuse.
ADDITIONAL PROTECTIONS FOR BENEFICIARIES WITH FIDUCIARIES
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 304 of H.R. 4658, as amended, would require the
Secretary to conduct periodic onsite reviews of any person or
agency located in the United States that serves as a
fiduciary to more than 20 beneficiaries and who administers a
total annual amount of benefits administered of $50,000 or
more (to be adjusted annually to reflect cost-of-living
adjustments). Additionally, the Secretary would be authorized
to require a fiduciary to file a report or accounting of
disbursement of benefits in accordance with regulations
prescribed by the Secretary. In the event a fiduciary fails
to file the requested report, the Secretary would be
authorized to require a fiduciary to appear in person at a VA
regional office to receive payment.
In the event the Secretary determines a fiduciary converts
a payment for some use other than for use on the
beneficiary's behalf, the Secretary would be authorized to
assess, in addition to any other penalty that may be
prescribed by law, a civil monetary penalty of not more than
$5,000 per conversion. Such person would also be subject to
an assessment by the Secretary of not more than twice the
amount of any payments converted.
Additionally, any Federal court, when sentencing a
defendant convicted of an offense arising from the misuse of
benefits, could have ordered, in addition to or in lieu of
any other penalty authorized by law, that the defendant make
restitution to the Department and the court would have been
required to state on the record the reasons for not ordering
restitution, or only ordering partial restitution. Any
amounts received or recovered
[[Page H9764]]
would be available to defray the expenses incurred by the
VA's Office of Inspector General for the inquiry or
investigation of fiduciaries.
Compromise Agreement
Section 504 of the Compromise Agreement follows the House
language with modifications. The title of new section 5509,
of title 38, United States Code, has been changed to reflect
more accurately the requirements of that section. The
provision for imposition of civil monetary penalties has been
omitted. The Compromise Agreement omits provisions allowing
amounts received in excess of benefit restitution to be made
available to the Office of the Inspector General.
ANNUAL REPORT
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 305 of H.R. 4658, as amended, would require the
Secretary to include in the ``Annual Benefits Report of the
Veterans Benefits Administration'' or the ``Secretary's
Annual Performance and Accountability Report'' information
concerning fiduciaries who have been appointed to receive
benefits. The required report would include the following (1)
the number of beneficiaries in each category (veteran,
surviving spouse, child, adult disabled child or parent); (2)
the types of benefit being paid (compensation, pension,
dependency and indemnity compensation, death pension or
benefits payable to a disabled child under chapter 18 of
title 38, United States Code); (3) the total annual
amounts and average annual amounts of benefits paid to
fiduciaries for each category and type of benefit; (4) the
number of fiduciaries who are the spouse, parent, step-
parent, legal custodian, court-appointed fiduciary,
institutional fiduciary, custodian-in-fact and supervised
direct payee; (5) the number of cases in which the
fiduciary was changed by the Secretary because of a
finding that benefits had been misused; (6) how such cases
of misuse of benefits were addressed by the Secretary; (7)
the final disposition of such cases of misuse of benefits,
including the number and dollar amount of any civil or
criminal penalties imposed; and (8) such other information
as the Secretary considers appropriate.
Compromise Agreement
Section 505 of the Compromise Agreement follows the House
language with modifications. Additional reporting
requirements concerning cases referred to the Office of the
Inspector General and the amounts of money recovered by the
government have been added. Language referring to civil or
criminal penalties has been omitted.
TITLE VI--MEMORIAL AFFAIRS MATTERS
DESIGNATION OF PRISONER OF WAR/MISSING IN ACTION NATIONAL MEMORIAL,
RIVERSIDE NATIONAL CEMETERY, RIVERSIDE, CALIFORNIA
Current Law
There is no applicable current law.
Senate Bill
Section 122 of S. 2485 would designate the Prisoner of War/
Missing in Action National Memorial at the Riverside National
Cemetery in Riverside, California. Federal funds would be
permitted, but not required, at the discretion of the
Secretary for maintenance of the memorial, should private
funding sources prove to be inadequate.
House Bill
Section 402 of H.R. 1716, as amended, contains a similar
provision.
Compromise Agreement
Section 601 of the Compromise Agreement generally follows
the House language. However, the memorial is designated:
``Prisoner of War/Missing in Action National Memorial.''
LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION PROPERTY
Current Law
There is no applicable provision in current law.
Senate Bill
Section 107 of S. 2485, as amended, would authorize the
Secretary to lease any undeveloped land and unused or
underutilized buildings belonging to the United States and
administered by the National Cemetery Administration (NCA).
The term of any such lease would not be permitted to exceed
ten years. Proceeds from the lease of land or buildings and
proceeds from licenses sold in return for the agricultural
use of NCA lands would be deposited in a National Cemetery
Administration Facilities Operation Fund along with any
appropriation, or other authorized payment, designated for
that fund. Fund proceeds would be available to cover costs
incurred by NCA in the operation and maintenance of national
cemeteries.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 602 of the Compromise Agreement follows the Senate
language.
EXCHANGES OF REAL PROPERTY FOR NATIONAL CEMETERIES
Current Law
Section 2406 of title 38, United States Code, authorizes
the Secretary to acquire additional lands for national
cemeteries by purchase, gift, condemnation, or transfer from
other Federal agencies.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 603 of the Compromise Agreement would authorize the
Secretary to acquire additional lands for national cemeteries
by exchanging existing national cemetery land.
TITLE VII--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
CLARIFICATION OF MEANING OF ``JUDGMENT'' AS USED IN THE SERVICEMEMBERS
CIVIL RELIEF ACT (SCRA)
Current Law
Section 101 of the SCRA provides definitions for purposes
of the Act. The section does not define the term
``judgment.''
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 101 of H.R. 4658, as amended, would clarify that
``[t]he term `judgment' means any judgment, decree, order, or
ruling, final or temporary.''
Compromise Agreement
Section 701 of the Compromise Agreement follows the House
language.
REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER THE SCRA
Current Law
Section 107 of the SCRA provides that servicemembers may
waive any of the rights and protections under the Act if
certain requirements are met, including a requirement in
section 107(b) that waivers be in writing for specified
actions.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 102 of H.R. 4658, as amended, would provide that
those actions requiring waivers in writing pursuant to
section 107(b) of the SCRA must also be executed in a
separate instrument. Additionally, section 102 would provide
a new requirement that any waiver, in writing, of a right or
protection under section 107 of the Act that applies to a
contract, lease or similar legal instrument must be in at
least 12-point type.
Compromise Agreement
Section 702 of the Compromise Agreement follows the House
language.
RIGHT OF SERVICEMEMBERS PLAINTIFFS TO REQUEST STAY OF CIVIL PROCEEDINGS
Current Law
Section 202 of the SCRA provides for a stay of any civil
action or proceeding when a servicemember who is a defendant
has notice of the action or proceeding.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 103 of H.R. 4658, as amended, would include
plaintiffs as well as defendants under section 202 of the
SCRA.
Compromise Agreement
Section 703 of the Compromise Agreement follows the House
language.
TERMINATION OF LEASES
Current Law
Section 305 of the SCRA provides that servicemembers may,
under certain circumstances, terminate residential or motor
vehicle leases and specifies the manner of termination.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 104 of H.R. 4658, as amended, would clarify that
if, under section 305 of the SCRA the servicemember
terminates a lease entered into jointly with a dependent, the
obligations of both the servicemember and the dependent are
terminated. Section 104 would also modify section 305 of the
SCRA to allow motor vehicle lease terminations for any
permanent change of station move from a state outside of the
continental United States to any other location outside that
state, and the term ``continental United States'' would be
defined as the ``48 contiguous states and the District of
Columbia.'' Further, section 104 would broaden the definition
of the term ``military orders'' to mean ``official military
orders, or any notification, certification, or verification
from the servicemember's commanding officer, with respect to
the servicemember's current or future military duty status.''
Finally, section 104 would amend section 305 of the SCRA to
include individual as well as unit deployments for a period
of not less than 90 days among the circumstances under which
a servicemember could terminate a lease.
Compromise Agreement
Section 704 of the Compromise Agreement follows the House
language.
TITLE VIII--OTHER MATTERS
PRINCIPAL OFFICE OF THE UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS
Current Law
Section 7255 of title 38, United States Code, requires the
principal office of the U.S. Court
[[Page H9765]]
of Appeals for Veterans Claims be located in the District of
Columbia.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 1 of H.R. 3936 would authorize the principal office
of the U.S. Court of Appeals for Veterans Claims to be
located at any location in the Washington, D.C., metropolitan
area. Section 2 would make findings and express the sense of
Congress regarding a new veterans' courthouse and justice
center.
Compromise Agreement
Section 801 of the Compromise Agreement follows the House
language, but omits section 2 of the bill.
EXTENSION OF BIENNIAL REPORT OF ADVISORY COMMITTEE ON FORMER PRISONERS
OF WAR
Current Law
Section 541 of title 38, United States Code, establishes an
Advisory Committee on Former Prisoners of War. The Advisory
Committee is required to submit to the Secretary, no later
than July 1st of each odd numbered year through 2003, a
report on the programs and activities of the Department as
they pertain to veterans who are former prisoners of war.
Senate Bill
Section 302 of S. 2486, as amended, would extend the
reporting requirement through 2009.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 803 of the Compromise Agreement follows the Senate
language.
AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REDRESS FOR CERTAIN
VETERANS DENIED OPPORTUNITY TO COMPETE FOR FEDERAL EMPLOYMENT
Current Law
Section 3304(f)(1) of title 5, United States Code, grants
``preference eligible'' veterans (generally, veterans who
served during a wartime period; veterans who served during a
period for which a campaign badge or expeditionary medal was
awarded; or veterans with service-connected disabilities) and
veterans who separated from the armed forces under honorable
conditions after three years or more of active service the
opportunity to compete for vacant positions in the Federal
government for which an agency is accepting applications from
individuals outside its own workforce under merit promotion
procedures.
Section 3330a of title 5, United States Code, allows
preference eligible veterans who allege their veterans'
preference rights have been violated to seek administrative
redress by filing a complaint with the Secretary of Labor.
Section 3330b of title 5, United States Code, provides
preference eligible veterans with judicial redress for claims
arising from allegations of violations of veterans'
preference laws.
Senate Bill
Section 204 of S. 2486, as amended, would provide a veteran
who has been separated from the armed forces under honorable
conditions after three years or more of active service with
administrative and judicial redress for alleged violations of
his or her rights under section 3304(f)(1) of title 5, United
Stated Code.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 804 of the Compromise Agreement follows the Senate
language.
REPORT ON SERVICEMEMBERS' AND VETERANS' AWARENESS OF BENEFITS AVAILABLE
UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS
Current Law
Section 7722 of title 38, United States Code, requires the
Secretary of Veterans Affairs to distribute full information
to eligible servicemembers, veterans and dependents regarding
all benefits and services to which they may be entitled under
laws administered by the Department.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
In conjunction with the improvements in veterans' benefits,
section 805 of the Compromise Agreement would direct the
Secretary of Veterans Affairs to submit a report to Congress
detailing VA's efforts to make veterans and servicemembers
aware of VA benefits and services to which they are entitled.
The report would include: (1) a description of the outreach
activities conducted by VA at each of its three
Administrations and by other internal VA entities; (2) the
results of a national survey to ascertain servicemembers'
and veterans' level of awareness of VA benefits and
services; and (3) recommendations the Secretary may have
to improve VA's outreach activities. The report would be
due 1 year after the enactment of the Compromise
Agreement.
LEGISLATIVE PROVISIONS NOT ADOPTED
IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR
Current Law
Section 1112(b) of title 38, United States Code, specifies
16 disabilities that VA presumes are related to the prisoner
of war (POW) experience for the purposes of veterans' and
survivors' benefits.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 4 of H.R. 4175 would add osteoporosis to the list
of diseases presumed to be the result of the POW experience.
FINDINGS RELATED TO ON-JOB TRAINING AND APPRENTICESHIP PROGRAMS
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 101 of H.R. 1716, as amended, would make
Congressional findings with respect to broad purposes for
VA's OJT and apprenticeship programs in both the private and
public sectors of our economy. These include: helping
employers hire and retain skilled workers; establishing a
link between the training afforded to servicemembers while
serving in the Armed Forces and the training available in
civilian settings for purposes of occupational licensing and
credentialing; and developing a more highly educated and
productive workforce.
INCENTIVE PAYMENT FOR EARLY COMPLETION OF APPRENTICESHIP TRAINING
Current Law
Sections 3032, 3233, and 3687 of title 38, United States
Code, and Section 16131 of title 10, United States Code, do
not currently contain any incentive to finish on-job training
or apprenticeships earlier than the established completion
date.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 103 of H.R. 1716, as amended, would establish an
incentive payment for program participants who finish their
apprenticeship training early. As an incentive for trainees
to complete their apprenticeship or attain journeyworker
status early, this provision would require VA to pay the
trainee a lump-sum amount for the months of VA entitlement
remaining that would have been needed to complete the
apprenticeship. This provision would be applicable for months
beginning on or after October 1, 2005, and ending on October
1, 2010.
ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON NATIONAL
CEMETERY
Current Law
Eligibility for burial at Arlington National Cemetery is
governed by Federal regulations at section 553.15 of title
32, Code of Federal Regulations. The following categories of
persons are eligible for in-ground burial: active duty
members of the Armed Forces, except those members serving on
active duty for training; retired members of the Armed Forces
who have served on active duty, are on a retired list and are
entitled to receive retirement pay; former members of the
Armed Forces discharged for disability before October 1,
1949, who served on active duty and would have been eligible
for retirement under 10 U.S.C. 1202 had the statute been in
effect on the date of separation; honorably discharged
members of the Armed Forces awarded the Medal of Honor,
Distinguished Service Cross, Air Force Cross or Navy Cross,
Distinguished Service Medal, Silver Star, or Purple Heart;
former prisoners of war who served honorably and who died on
or after November 30, 1993; provided they were honorably
discharged from the Armed Forces, elected Federal officials
(the President, Vice President, and Members of Congress),
Federal cabinet secretaries and deputies, agency directors
and certain other high Federal officials (level I and II
executives), Supreme Court Justices, and chiefs of certain
diplomatic missions; the spouse, widow or widower, minor
child and, at the discretion of the Secretary of the Army,
certain unmarried adult children, and certain surviving
spouses of persons eligible for in-ground burial.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 401 of H.R. 1716, as amended, would make eligible
for in-ground burial at Arlington National Cemetery (1) a
member or former member of a reserve component of the Armed
Forces who at the time of death was under 60 years of age and
who, but for age, would have been eligible for military
retired pay under title 10, United States Code; and (2) a
member of a reserve component of the Armed Forces who dies in
the line of duty while on active duty for training or
inactive duty training. Eligibility in both instances would
also extend to the servicemember's dependents.
TECHNICAL AMENDMENTS TO EDUCATION PROGRAM PROVISIONS
Current Law
Section 3452(e) of title 38, United States Code, as amended
by section 301 of the Veterans Benefits Act of 2003 (Public
Law 108-183; 117 Stat. 2658) authorizes education assistance
benefits for certain self-employment
[[Page H9766]]
and on-job training programs (franchises) for less than six
months under the Montgomery GI Bill (MGIB) when the
beneficiary receives a training wage.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 403 of H.R. 4658, as amended, would make a
technical correction to waive the training-wage requirement
for programs of less than six months beginning October 1,
2005, and ending on September 30, 2010. The Department of
Veterans Affairs would be required to review and approve all
such programs before any MGIB educational assistance benefits
could be dispersed.
PREVENTION OF DOUBLE TAXATION OF CERTAIN SERVICEMEMBERS
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 105 of H.R. 4658, as amended, would prohibit a tax
jurisdiction from imposing a use, excise or similar tax on
the personal property of a servicemember who is not a
resident, if the tax jurisdiction's laws do not provide a
credit against such taxes previously paid on the same
personal property in another tax jurisdiction.
FINDINGS AND SENSE OF CONGRESS REGARDING NEW VETERANS COURTHOUSE AND
JUSTICE CENTER
Current Law
There is no applicable current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 2 of H.R. 3936 would make findings and express the
sense of Congress that all other Article I courts of the
United States are located in a dedicated courthouse; that the
U.S. Court of Appeals for Veterans Claims, since its creation
in 1988, has been located in a commercial office building;
and that a dedicated Veterans Courthouse and Justice Center
should be provided for the Court and the veterans it serves,
and should be located, if feasible, at a site owned by the
United States that is part of or proximate to the Pentagon
Reservation. Section 2 would also require that not later than
90 days after the date of enactment of this provision, the
Secretary of Defense, the Secretary of Veterans Affairs, and
the Administrator of General Services submit to the House and
Senate Committees on Veterans' Affairs and Armed Services a
joint report on the feasibility of locating a new Veterans
Courthouse and Justice Center at an appropriate Pentagon
Reservation site.
EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR MEMBERS OF THE
SELECTED RESERVE WHO AGGREGATE TWO OR MORE YEARS OF ACTIVE DUTY SERVICE
DURING ANY FIVE-YEAR PERIOD
Current Law
Section 3012 of title 38, United States Code, authorizes
the Department of Veterans Affairs to provide Chapter 30
educational assistance benefits to an individual who, after
June 30, 1985, first enters on active duty and has his or her
pay reduced by $100 per month for the first 12 months of
active duty and serves at least two continuous years on
active duty.
Senate Bill
Section 202 of S. 2486, as amended, would grant entitlement
to Chapter 30 educational assistance benefits to an
individual in the Selected Reserve who, during any five-year
period beginning on or after September 11, 2001, and ending
on June 30, 2008, serves an aggregate of two years of active
duty service. The activated Selected Reserve member would be
required to make a $1,200 contribution within one year of
completing two years of aggregate active duty service.
House Bill
The House Bills contain no comparable provision.
MODIFICATION OF DEFINITION OF MINORITY GROUP MEMBER FOR PURPOSES OF
ADVISORY COMMITTEE ON MINORITY VETERANS
Current Law
Section 544 of title 38, United States Code, establishes an
Advisory Committee on Minority Veterans. For purposes of that
section of law the term ``minority group members'' includes
veterans who are: Asian American; Black; Hispanic; Native
American (including American Indian, Alaskan Native, and
Native Hawaiian); or Pacific-Islander American.
Senate Bill
Section 303 of S. 2486, as amended, would amend the
definition of ``minority group member'' to conform to the new
Race and Ethnic Standards used in Federal statistical
reporting and in the 2000 United States Census. Specifically,
section 303 would redefine the categories of minority group
members making the following changes: substituting ``Asian''
for ``Asian American;'' ``Black or African American'' for
``Black;'' ``Hispanic, Latino, or Spanish Origin'' for
``Hispanic;'' and ``American Indian or Alaska Native'' and
``Native Hawaiian or other Pacific Islander'' for ``Native
American (including American Indian, Alaskan Native, and
Native Hawaiian).''
House Bill
The House Bills contain no comparable provision.
INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION
Current Law
Current law does not require an annual cost-of-living
adjustment to veterans' and survivors' disability
compensation.
Senate Bill
S. 2483 contains a similar provision.
House Bill
Section 2 of H.R. 4175 would provide, effective December 1,
2004, a cost-of-living adjustment to the rates of disability
compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for
survivors of certain service-connected disabled veterans. The
percentage increase would be equal to the percentage increase
for benefits provided under the Social Security Act.
House of Representatives,
Committee on the Judiciary,
Washington, DC, November 16, 2004.
Hon. Chris Smith,
Chairman, Committee on Veterans' Affairs, House of
Representatives, Washington, DC.
Dear Chairman Smith: In recognition of the desire to
expedite floor consideration of S. 2486, the ``Veterans
Benefits Improvement Act of 2004,'' the Committee on the
Judiciary hereby waives consideration of the bill. Section
504(b) of the bill creates a new Sec. 6108 of Title 38 of the
U.S. Code. This new section gives courts the authority to
order restitution to the Department of Veterans Affairs when
a fiduciary is convicted of missing veterans benefits. These
provisions fall within the committee on the Judiciary's Rule
X jurisdiction. However, given the need to expedite this
legislation, I will not seek a referral of S. 2486 based on
their inclusion.
The Committee on the Judiciary takes this action with the
understanding that the Committee's jurisdiction over these
provisions is in no way diminished or altered. I would
appreciate your including this letter and your response in
the Congressional Record during consideration of S. 2486 on
the House floor.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
____
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, November 16, 2004.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of November
16, 2004, regarding the jurisdictional interest of the
Committee on the Judiciary in section 504(b) of S. 2486, the
Veterans Benefits Improvement Act of 2004.
Your willingness to forego a sequential referral to
expedite House consideration of S. 2486 is most appreciated.
The Committee on Veterans' Affairs understands that your
letter does not waive jurisdiction of the Committee on the
Judiciary over the bill and is not a precedent for other
bills.
Again, thank you for your cooperation in this matter. Be
assured I will include our exchange of letters in the
Congressional Record.
Sincerely,
Christopher H. Smith,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker I rise in strong support of S. 2486, the Veterans
Benefits Improvement Act of 2004. I would like to thank the ranking
member, the gentleman from Illinois (Mr. Evans), and the gentleman from
New Jersey (Mr. Smith) for their leadership on this legislation and my
good friend and colleague on the Subcommittee on Benefits, the
gentleman from South Carolina (Mr. Brown). I have enjoyed working with
him during this Congress.
I was proud to join Members on both sides of the aisle in introducing
provisions to help our veterans and servicemembers and their families.
It is good to see that work contained in this final bill.
This legislation demonstrates the bipartisan nature of the Committee
on Veterans Affairs and our ability to work together for the good of
our Nation's veterans. The Members and staff of both sides of the aisle
also should be recognized for their efforts in putting legislation
together.
Finally, I would like to acknowledge the good work done by the other
body. Senator Specter and Senator Graham and their staffs worked
diligently to bring this bill forward. It has been a bipartisan and
bicameral effort. Our Nation's veterans and their families would be
better off with this legislation.
S. 2486 is a comprehensive bill drawn from a number of provisions
that came before our committee. I would like to take a moment to point
out just a few.
[[Page H9767]]
Many of the provisions in Title I, the Veterans Earn and Learn Act of
S. 2486, are drawn from H.R. 1716. Title I will provide improved
benefits and job assistance for future skilled workers as they leave
military service. The gentleman from South Carolina (Mr. Brown)
introduced and I was happy to support a provision to extend eligibility
of employer-sponsored health care coverage to Reservists who have been
activated for up to 24 months of active service. This provision is
found in section 201 of the bill.
Section 2111 drawn from a bipartisan H.R. 4173 provides for a report
of employment placement, retention and advancement of recently
separated servicemembers.
I am also pleased that the other body included provisions similar to
H.R. 1750 to increase by $250 the amount of dependency and indemnity
compensation benefits received by surviving spouses with children under
age 18 for the first 2 years of eligibility. The ranking member, the
gentleman from Illinois (Mr. Evans), has been a long-time advocate for
our Nation's disabled veterans and their families.
S. 2486 contains provisions drawn from the Evans bill, H.R. 4172, to
codify certain disabilities as presumptive disabilities for atomic
veterans and to provide an offset rather than a bar to benefits when an
atomic veteran or survivor receives benefits under the Radiation
Exposure Compensation Act.
I would like to thank the gentleman from New Hampshire (Mr. Bradley)
for the opportunity to join with him in introducing H.R. 2163 to
equalize the position of surviving spouses who receive death pension
benefits and who are also the beneficiaries of veterans' life
insurance. The provisions of H.R. 2163 are contained in section 303 and
305 of this bill.
The Veterans Benefits Improvement Act of 2004 includes a provision
that is drawn from my bill, H.R. 2612, to allow veterans who have lost
or lost the use of both arms at or above the elbow due to a service-
connected disability to receive a special adaptive housing grant. This
will provide needed assistance to those veterans currently being
disabled in Iraq and Afghanistan as well as veterans of former wars,
such as James Moore of Lincoln, Nebraska, who contacted the committee
concerning this issue.
The gentlewoman from California (Mrs. Davis) has been a leader on our
committee for veterans' housing issues, and her work is reflected in S.
2486. Section 103 is drawn from her bill, H.R. 4616, and provisions
from the Senate to extend the authority for hybrid adjustable
mortgages.
S. 2486 will also benefit Native American veterans in my State and
across the country. The Pleasant Point and Indian Township Passamoquody
Tribe of Maine has entered into a memorandum of understanding to
participate in the VA's Native America Home Loan pilot project. The
newest member of our committee, the gentlewoman from South Dakota (Ms.
Herseth), introduced H.R. 5153 to extend this program. That provision
is included as section 406 of this bill.
The gentlewoman from California (Mrs. Davis) has also been a leader
in working to protect our most vulnerable veterans, and I was pleased
to join her in introducing H.R. 4032 to improve protection and remedies
in the event of fiduciary misuse. Many of the provisions of H.R. 4032
are included in Title V of the Veterans Benefit Improvement Act of
2004.
Mr. Speaker, as you can see, there has been a great deal of
bipartisan support put together in this bill. S. 2486 will improve the
lives of veterans of today and provide a sense of security for those
servicemembers who are risking their lives all around the world. I urge
all Members to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from South Carolina (Mr. Brown), who has been
a great workhorse on this committee. As I indicated earlier, this bill
alone has some 40 disparate provisions. It encompasses over 14 bills.
The gentleman, as the subcommittee chairman, has walked point on all of
this; and I want to thank the distinguished chairman for his very able
and very effective leadership as subcommittee chairman.
Mr. BROWN of South Carolina. Mr. Speaker, I thank the gentleman for
his kind remarks.
Mr. Speaker, I rise today in strong support of S. 2486, the Veterans
Benefit Improvement Act of 2004. We have been working on this
comprehensive bill throughout the 108th Congress, like our chairman
said. I commend the Committee on Veteran's Affairs leadership for
bringing it to the floor today.
It incorporates 14 separate House bills and comprises 43 substantive
provisions. Countless servicemembers, veterans and their families will
directly benefit from S. 2486. Likewise, Mr. Speaker, by significant
enhancing and modernizing the VA on-the-job training and apprenticeship
programs for veterans, American businesses and industry will feel the
positive effects of this bill, as well as 858 civilian occupations
offer apprenticeships. These improvements can be especially useful to
American small businesses, the bedrock of our economy.
I would like to briefly note Title V of the bill, which addresses the
needs of our most vulnerable veterans, those who require a fiduciary to
handle monetary benefits received from the VA. It is an unfortunate
fact that when someone is responsible for another person's money,
temptations may arise to take advantage of that position, ultimately to
the detriment of the person being assisted. S. 2486 would add
protection for incompetent veterans or dependents when their benefits
are misused.
Currently, over 100,000 veterans, widows or adult helpless children
and minors have an appointed fiduciary. While VA overall does a good
job of protecting this population, S. 2486 addresses many of our
concerns with the fiduciary program.
Mr. Speaker, I applaud the gentleman from New Jersey (Mr. Smith), our
great chairman, and the gentleman from Illinois (Mr. Evans), the
ranking member, for their continuing foresight and leadership, as well
as my great friend, the gentleman from Maine (Mr. Michaud), the ranking
member of the Subcommittee on Benefits.
In addition to the Subcommittee on Benefits as a whole, I thank the
members of the committee who worked with the gentleman from Maine (Mr.
Michaud) and myself for bringing the bill forward.
{time} 1415
The full committee's vice chairman, the gentleman from Florida (Mr.
Bilirakis), the gentlewoman from Florida (Ms. Ginny Brown-Waite), the
gentlewoman from California (Mrs. Davis), the gentleman from New
Hampshire (Mr. Bradley), the gentleman from Texas (Mr. Reyes); indeed,
this has been a team effort.
I also want to thank the Subcommittee on Benefits staff on both sides
of the aisle.
Mr. Speaker, I urge my colleagues to support the Veterans Benefit
Improvement Act of 2004.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), the ranking member of the committee.
Mr. EVANS. Mr. Speaker, I rise in strong support of S. 2486. This
legislation includes a number of measures to improve the lives of this
Nation's veterans and their families.
I also want to thank the gentleman from New Jersey (Mr. Smith), the
chairman of committee, and the gentleman from South Carolina (Mr.
Brown) and the gentleman from Maine (Mr. Michaud), the chairman and
ranking member of the Subcommittee on Benefits, and both of their
staffs for their hard work in bringing this legislation to the floor.
In particular, I also want to acknowledge the work and contribution
of Pat Ryan, who is retiring from the committee after many years of
service.
I also want to thank the members of the other body, Senator Specter
and Senator Graham and their staffs for the contributions made to this
bill.
Mr. Speaker, today, we recognize the sacrifices of the men and women
in uniform who served our Nation. By passing this important legislative
package, this bill honors their service and provides them with the care
that they have earned.
As is the committee's custom, this bill incorporates a large number
of provisions from bills introduced by other Members from both sides of
the aisle in both bodies. The House Committee on Veterans Affairs has a
long-standing record of working in a bipartisan manner, and I am glad
that we have the
[[Page H9768]]
gentleman from New Jersey's (Mr. Smith's) leadership on his side, who
has worked together with us on our side so that we can continue this
practice.
I am very pleased to be a sponsor or an original cosponsor of many of
the other bills which were incorporated into this package and look
forward to their implementation.
Mr. Speaker, we can finalize the committee's work for this Congress.
We have many accomplishments that we can be proud of, and I want to
thank the chairman and members of the committee for working so hard and
dedicating our work to our Nation's veterans. I urge all Members to
vote for this legislation.
Mr. Speaker, I rise in strong support of S. 2486, a legislative
package encompassing a number of important measures to assist this
nation's veterans and their families.
I would like to thank the Chairman of our Committee, Chris Smith, and
the Chairman and Ranking Member of the Benefits Subcommittee, Henry
Brown and Mike Michaud, and their staffs for their work in bringing
this important legislation to the floor.
I also want to thank the Members of the other body, Senator Specter
and Senator Graham and their staffs for their contribution to this
bill.
Mr. Speaker, it is incumbent upon us to recognize the many sacrifices
of the brave men and women in uniform who have so gallantly served our
Nation. We do so by passing legislation honoring their service and
providing them with the benefits they surely have earned.
As is the Committee's custom, this bill incorporates a large number
of provisions, from bills introduced by Members from both sides of the
aisle and both bodies. The House Veterans' Affairs committee has a
long-standing tradition of working in a bipartisan manner and I am
proud that we have continued this practice as exhibited in this bill. I
thank the Chairman for his leadership in continuing this tradition.
This bill is truly the product of a bipartisan, bicameral effort.
I am very pleased to be a sponsor or an original cosponsor of many of
the bills which were incorporated into this measure. These provisions
will improve the quality of our life of our Nation's veterans and their
families. It honors their service and sacrifice to this country.
Mr. Speaker, Congress has made important strides in providing quality
educational assistance to servicemembers, veterans and their families;
however, we have not made similar progress with respect to the job
training and vocational programs available under the Montgomery G.I.
Bill. Accordingly, S. 2486, as amended, is a strong step in the right
direction in the job training and economic development area.
Specifically, this bill includes important provisions that would
modernize, enhance and encourage greater participation in the on-job
training and apprenticeship programs administered by the Department of
Veterans Affairs (VA). It is important for veterans to be able to use
the Montgomery G.I. bill education benefits for academic courses
leading to a degree. I used VA education benefits to further my own
education upon leaving military service. It is, however, just as
important for the future electricians, plumbers, auto mechanics and
other skilled workers to be able to effectively use the Montgomery G.I.
Bill to fulfill the training and certification requirements they may
need to prepare them to transition to the civilian workforce and
contribute to society. The Committee worked diligently to ensure that
these provisions accurately reflect contemporary industry and labor
practices. We also worked with the VA to address its administrative
concerns regarding these provisions. More important, Mr. Speaker, these
provisions will provide veterans with improved job-training skills and
opportunities under the Montgomery G.I. Bill.
I am pleased to support in the bill a measure brought forth by the
other body which will allow an additional 10-year period for those Gold
Star Wives and the surviving widowers of men and women who die during
military service to use their education benefits. Men and women who die
during military service are often in their early twenties and leave
behind young children. By providing an additional 10 years, we will
allow those surviving spouses an opportunity to raise their children
before resuming their education. We have learned that this benefit is
underutilized because surviving spouses are reluctant to resume their
education while raising young children.
The bill recognizes the need for continued health insurance for those
members of the Guard and Reserve who are called up for increasing
periods of time. Therefore, a provision is included allowing these
reservists to maintain employer-sponsored health insurance for 24
months, 6 months longer than that provided by current law.
I am pleased that a measure introduced by my good friend, the
gentleman from Massachusetts, Mr. McGovern, is included. He recognized
that one of the biggest obstacles to effective utilization of
employment-related rights for returning servicemembers is the lack of
information concerning those rights. The bill requires the Department
of Labor to provide employers with a notice of employee rights under
the Uniformed Services Employment and Reemployment Rights Act, known as
USERRA, and requires employers to post those notices.
S. 2486, as amended, also includes a provision requiring a study and
report on employment, retention and advancement in employment of former
servicemembers. This study and report will provide valuable information
and assist Congress in our efforts to do all we can to facilitate the
transition of servicemembers to the civilian workforce and promote
veterans' employment opportunities generally.
Several years ago, an evaluation of VA's programs for survivors found
that surviving spouses of veterans who have children and who receive
Dependency and Indemnity Compensation (DIC) need an additional $250 per
month to maintain the same standard of living as DIC recipients without
children for the first 5 years after the veteran's death. I joined the
Ranking Member of the Benefits Subcommittee, Mike Michaud and others in
introducing H.R. 1750 to implement that recommendation. I am pleased
that the bill will provide the increased benefit to DIC recipients for
the first 2 years following eligibility. I regret that funding was not
available to provide benefits for a longer period. Nonetheless, this is
an important step in implementing the evaluation's recommendations and
providing for the widows and widowers who have borne the battle and
their children.
I am particularly pleased that included within this bill are
provisions that would codify current VA regulations regarding
additional cancers recognized as presumptively service connected under
the ``Atomic Veterans'' program, and repeal a bar that prevents a
veteran or survivor from applying for VA compensation, subject to an
offset, if they have already received compensation from the Justice
Department under the Radiation Exposure Compensation Act. As the son of
a veteran who was exposed to ionizing radiation in the Pacific, I have
long been an advocate for the ``Atomic Veterans'' program and will
continue my efforts to recognize and honor their often dangerous
confidential service in defense of this country.
Additionally, Mr. Speaker, I support the provision of this bill which
will exclude VA life insurance proceeds from being counted as income
for those very low-income survivors of wartime veterans. Currently,
those who have an effective advocate are able to time their request for
death pension in a manner which will allow them to give up a few months
of death pension benefits in order to keep the veteran's life insurance
proceeds. Those without effective advocacy often lose a year of
benefits. We care for the widow and widower of those who have borne the
battle by providing a simple solution to the problem identified by VA
in current law.
Veterans who are disabled by reason of VA medical treatment or
vocational rehabilitation activities qualify for cash benefits and
grants for specially adapted housing. They are, however, denied grants
for automobiles and other motor vehicle adaptations. A provision drawn
from a bill introduced by Mr. Reyes and myself will not allow such
veterans to obtain an automobile grant.
Veterans who have lost the use of their arms do not currently qualify
for specially adapted housing. I joined Mr. Michaud in introducing a
bill to permit such veterans to qualify for this benefit and am pleased
this bill includes a provision drawn from that bill.
This bill will significantly improve VA's home loan program,
including home loans for Native Americans. I am pleased that provision
from bills introduced by Mrs. Davis of California and the newest Member
of our Committee, Ms. Herseth of South Dakota, are included in the
final bill.
VA's most vulnerable veterans are those who require a fiduciary to
handle their financial benefits. I joined Mrs. Davis of California in
introducing legislation to provide improved protections for
beneficiaries whose benefits are misused by fiduciaries. This bill
contains a number of important provisions drawn from H.R. 4032.
The bill also makes a number of improvements to the Servicemembers
Civil Relief Act which was substantially rewritten in the first session
of this Congress.
Mr. Speaker, many provisions from this comprehensive package are
drawn from bills which have been considered by the House Committee on
Veterans Affairs. The bill has been enhanced and improved by measures
considered by the other body. As we finalize the Committee's work for
this Congress we have many accomplishments of which we can be proud.
[[Page H9769]]
Again, I want to thank Chairman Smith for his leadership and his
dedication to serving our nation's veterans. This is an excellent bill
which will make a difference in the lives of this nation's veterans and
their families. I urge all Members to show their support for the men
and women who have worn the uniform in defense of our country by voting
to pass this legislative package.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentlewoman from Florida (Ms. Ginny Brown-Waite), a
distinguished member of our committee.
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I thank the gentleman
very much for the time.
I am very pleased to support Senate 2486, the Veterans Benefit
Improvement Act of 2004, and I am glad we got it finished this year. I
know that there was some question about whether or not we would have
time to get this very important bill up, and I certainly commend the
gentleman from New Jersey (Mr. Smith), the chairman, and the gentleman
from Illinois (Mr. Evans), the ranking member, for their efforts on
behalf of veterans, along with all the members of the committee who are
truly dedicated to America's heroes.
This bill includes an expansion of educational benefits for veterans
and clarifies protections to servicemen and -women under the
Servicemember Civil Relief Act, and it also improves the housing
benefit available to veterans through the VA home loan.
It is the last provision of this bill that I would like to elaborate
on as it is the product of a bipartisan collaboration between the
gentlewoman from California (Mrs. Davis) and myself. Certainly, the
chairman of the committee was very, very generous in working so hard on
the bill and all the provisions of the bill, but this particular
provision is one that will certainly impact our young men and women
returning from Iraq.
Like so many other aspects of a soldier's life, many soldiers
postpone homeownership until after they are out of the service. For
these soldiers, as housing prices increase, the VA home loan value
actually decreases in real terms.
The rising housing market erodes the purchasing power of the VA home
loan. Depending on where the veteran lives, the current maximum of
$240,000 is simply insufficient to meet their housing needs.
The bill, which encompasses a bill which the gentlewoman from
California (Mrs. Davis) and I had worked on, which passed this House,
indexes the maximum VA guarantee amount to 25 percent of the Freddie
Mac conforming loan rate. The prevailing VA loan under this new change
would be $333,700 in 2004, and it would continue to adjust as housing
market needs increase.
We are all very proud of the young men and women who serve our
Nation, past and present, and I am sure that the Members will agree
that the value of their benefit should not vary depending on where they
live or where they choose to purchase a home.
This legislation is very important and timely, and I urge my
colleagues' support. I urge all the Members to support this.
Again, I commend my colleagues and especially the chairman for
working so hard on this, what could very easily be called an omnibus,
comprehensive bill to benefit our Nation's veterans.
Mr. MICHAUD. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore (Mr. Simpson). The gentleman from Maine (Mr.
Michaud) has 12 minutes remaining. The gentleman from New Jersey (Mr.
Smith) has 10 minutes remaining.
Mr. MICHAUD. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Speaker, I rise today in support of S. 2486, the
Veterans Benefit Improvement Act, and I would like to take this
opportunity to thank the gentleman from New Jersey (Chairman Smith), as
well as the gentleman from Illinois (Ranking Member Evans) and the
gentleman from Maine (Mr. Michaud), the ranking member of the
Subcommittee on Benefits, for their leadership in this particular
issue.
One of the best things about being a member of this committee is the
ability to pass a comprehensive bill, a benefits bill, every year while
keeping on with the PAYGO provisions.
Although I was worried this particular year that that might not
happen, I am glad that our colleagues in the Senate and the staff of
our committees worked out this compromise.
Mr. Speaker, this bill has many wonderful provisions that would
enhance the benefits of our veterans, National Guardsmen and their
families receive, including additional educational benefits.
With passage of this particular piece of legislation, veterans will
be able to use their Montgomery GI bill for apprenticeships and on-the-
job training, as well as national admissions exams.
I am very pleased that this bill acknowledges the rewards and
sacrifices many of our Reservists are making. With the passage of this
particular piece of legislation, those men and women, Reservists who
are called to active duty for more than 24 consecutive months, will be
able to pay into the GI bill and become eligible for benefits.
This bill also includes some enhanced VA home loan language, which I
know the gentlewoman from California (Mrs. Davis), my colleague, has
been advocating for.
Like all Americans, our veterans dream of obtaining the American
dream of homeownership. Our veterans have fought selflessly on behalf
of our country and are entitled to the benefits we have promised them,
including home loan benefits. Unfortunately, for many, this dream is
faced with many obstacles.
The current VA home loan limit of $240,000 prevents many veterans
from using their loan benefits to purchase a home in high-cost areas,
such as in California or Florida and parts of the State of Texas. This
legislation indexes the maximum loan amount to 100 percent of the
Freddie Mac conforming loan rate to make the VA home loans compatible
with the home loans available to the public nationwide. Additionally,
this legislation allows the maximum VA loan amounts to adjust
automatically each year to Freddie Mac standards in order to remain
compatible with the national housing markets.
This legislation is extremely important. During 2003, 3 million
veterans took advantage of the VA home loans, and I am positive more
veterans will be able to take advantage of this particular benefit
because of the improvements we are making today. As our troops are
fighting in Iraq and Afghanistan, we must continue to show them the
thanks of a grateful Nation.
I cannot think of a better way of saying thank you than improving the
benefits of our soldiers, and so by this particular legislation,
although there are many benefits we would like to take advantage of for
our veterans, I am glad that the committee has been able to work with
the money to make this happen.
Mr. SMITH of New Jersey. Mr. Speaker, we reserve the balance of our
time.
Mr. MICHAUD. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Speaker, with another Veterans Day
recently passed, we heard much about the incredible sacrifices made by
America's veterans and their tremendous bravery. I strongly echo those
sentiments.
Because our courageous military personnel are willing to go into
battle and sacrifice on our behalf, America's independence and
liberties have remained intact for over 200 years, and we are truly
indebted to those who fought in the Armed Forces.
However, Mr. Speaker, I strongly feel that we must honor these brave
men and women with more than our words. After risking everything on our
behalf, our veterans ask only that we work to improve the services they
earned through their dedication and their bravery.
This is why the Veterans Benefit Improvement Act of 2004 before us
today greatly enhances the services we provide to our military heroes.
It increases the compensation we provide to surviving spouses and their
children; gives veterans new opportunities to receive vocational
training when leaving the military; and protects the civilian jobs of
Reservists deployed overseas.
I was very honored, Mr. Speaker, by the opportunity to contribute
directly to this comprehensive benefits legislation.
[[Page H9770]]
During my first term in Congress, I became interested in improving
the home loan program offered by the Department of Veterans Affairs and
introduced H.R. 1735 and cosponsored H.R. 4345, which increases the
home loan limit available to veterans. I also introduced H.R. 4616 to
offer adjustable-rate mortgages through the VA program.
Our veterans certainly deserve the same opportunity for home
ownership as the public at large and the freedom to choose which loan
will best meet their needs.
This legislation links the VA home loan amount to the Freddie Mac
index to guarantee annual increases, and at the same time, it extends a
program offering veterans the freedom to choose a fixed-rate or an
adjustable-rate mortgage.
It is particularly helpful and a real victory for those veterans in
San Diego because we are a high-cost area.
Additionally, S. 2486 provides new protections from fraud and abuse
to a vulnerable class of veterans who require a guardian or fiduciary
to oversee their finances and VA payments.
My staff in San Diego tried to assist a veteran who lost out on his
VA disability compensation over a long period of time because his
fiduciary had withheld payment for herself. Unfortunately, we could not
recover the veteran's losses because current law did not provide
revenues to recoup stolen payments.
After learning about this abuse, we introduced H.R. 4032 to give the
VA the authority to conduct more thorough background checks of
fiduciaries and to give veterans who fall victim to this abuse new
revenues to recover their losses, and I am pleased these provisions
were included in the legislation before us today.
I want to thank the House leadership for bringing this comprehensive
veterans benefits package before the Congress and for acting in the
interest of our former service members, and I urge my colleagues to
support it.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Maine (Mr. Michaud), my good friend and colleague, to
allocate as he would like.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentlewoman from
South Dakota (Ms. Herseth).
Ms. HERSETH. Mr. Speaker, I rise in support of the veterans bills
being considered today and to thank and congratulate my colleagues,
especially the gentleman from New Jersey (Chairman Smith), the
gentleman from Illinois (Ranking Member Evans), the gentleman from
South Carolina (Mr. Brown) and the gentleman from Maine (Mr. Michaud)
and their staff for their hard work and commitment to these important
bills. I want to commend the gentleman from Texas (Mr. Rodriguez), my
colleague and friend, as well for his distinguished service on the
Committee on Veterans Affairs.
I express my strong support today for the Veterans Benefits
Improvement Act which includes two measures I introduced earlier this
year to extend important veterans programs scheduled to expire.
The first of these measures is a provision to extend to 2010 the
Veterans Administration's Native American Home Loan pilot program. This
program directs home loans to eligible Native American veterans who
wish to purchase, construct or improve a home on tribal trust lands.
This extension will allow more veterans living on tribal trust lands to
take advantage of this important benefit over the next 6 years.
Since the inception of this pilot program in 1992, the Department of
Veterans Affairs has made more than 400 direct loans to Native American
veterans, including loans to 17 veterans from my State of South Dakota.
These loans are important tools for helping Native Americans purchase,
construct or improve homes in Indian country.
The second measure which I introduced extends to 2009 the requirement
that the Advisory Committee on Former Prisoners of War submit biennial
reports to the Secretary of Veterans Affairs on the programs and
activities of the Department of Veterans Affairs that pertain to former
prisoners of war.
The Advisory Committee on Former Prisoners of War reviews Department
policies and makes suggestions to improve compensation, rehabilitation
programs and health care benefits for former POWs. Passage of the
Veterans Benefits Improvement Act would require reports from the
Advisory Committee on former POWs every 2 years through 2009, a 5-year
extension of current law.
Thanks again to my fellow members of the Committee on Veterans
Affairs and all staff for their work on these important bills. At a
time in our Nation's history when we are asking men and women in our
Armed Forces for greater sacrifices, we must make sure we provide the
services promised to our veterans. I look forward to supporting these
measures and continuing to work with my colleagues to ensure they
receive the benefits they have earned and deserve.
{time} 1430
Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my
time.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Waters).
(Ms. WATERS asked and was given permission to revise and extend her
remarks.)
Ms. WATERS. Mr. Speaker, I am very pleased to join with my colleagues
today in support of veterans. On Veterans Day, I visited a program in
my district known as U.S. Vets. This is a program that houses veterans
in transition. They really work with the homeless. They have a huge
residential complex, and the veterans are able to stay at this complex
while they get job training leading to a job. In addition to that, they
have a central facility there where they prepare meals for the
veterans. They also have a wonderful computer room where veterans are
learning computer skills.
And while I was very pleased to be there on Veterans Day with them, I
was reminded of all those things we need to do for veterans that should
have been done a long time ago. This bill goes a long way to attending
to some of those things that we should have done.
For example, surviving spouses can now get $250 in dependency and
indemnity compensation. Veterans who were exposed to radiation can now
be eligible for VA compensation. We increase the educational assistance
by 10 percent, allowing veterans to pursue a full-time apprenticeship
program, or on-the-job training. There are other benefits in this bill.
We can all be proud on both sides of the aisle that we are finally
paying attention in a real way. I know that there has been a lot of
debate about the cost of some of the things we would like to do, but I
do not think at a time in particular where we are at war and where
veterans are coming back with the loss of a limb, with health
impairments and other kinds of deficiencies that they are now
confronted with that we can talk about not being able to afford to pay
in order to make their lives comfortable when they return from war.
So I am very pleased, and I wish to commend all my colleagues on both
sides of the aisle for pursuing this bill that will help our veterans.
Mr. SMITH of New Jersey. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume,
before yielding to my last speaker, to thank our chairman, the
gentleman from New Jersey (Mr. Smith); the subcommittee chairman, the
gentleman from South Carolina (Mr. Brown); and our ranking member, the
gentleman from Illinois (Mr. Evans), as well as the committee staff on
both sides of the aisle for all the hard work that they have done in
the Committee on Veterans' Affairs over the last 2 years.
Mr. Speaker, I yield the balance of my time to the gentlewoman from
Texas (Ms. Jackson-Lee).
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson-Lee) as well.
The SPEAKER pro tempore (Mr. Simpson). The gentlewoman from Texas
(Ms. Jackson-Lee) is recognized for 6 minutes.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I think this is a very
important moment on this floor, and I think
[[Page H9771]]
that we owe this entire committee a debt of gratitude; the chairman,
the gentleman from New Jersey (Mr. Smith); the ranking member, the
gentleman from Illinois (Mr. Evans); certainly to the chairman of the
subcommittee, the gentleman from South Carolina (Mr. Brown). I thank
the gentleman from Maine (Mr. Michaud) for yielding me this time. And,
of course, on the health bills that I will speak very briefly to, our
ranking member, the gentleman from Texas (Mr. Rodriguez) and the
gentleman from Connecticut (Mr. Simmons).
Mr. Speaker, let me say why I think it is important that Members owe
these colleagues a debt of gratitude. There is not one district that
does not confront the dilemma of a veteran. There is not one district
that does not owe to those veterans appreciation and applause. Many
times we find those families and the veterans wondering about the
concern and the commitment of this body or of their fellow Americans
for the work they have done.
In the backdrop of Veterans Day, I want to acknowledge both the
chairman and the ranking member of the full committee, who are always
steadfast in reminding us not to forget the veterans. This
comprehensive Veterans Benefits Improvement Act is a gift long overdue.
And the reason I say that is because I represent the Veterans Hospital
in Houston, Texas, and among the issues that we are concerned about, in
addition to taking care of the health needs of those veterans, there
are the psychological needs and the employment needs.
Americans need to know that this legislation is now going to deal
head-on with the large unemployment that we find among veterans, and
returning veterans. For a number of years, Mr. Speaker, I have worked
with an organization called Stand Down, which works with our
communities' homeless veterans. Whenever I go to Stand Down, the
veterans simply say, all we want is an opportunity; all we want is to
be able to be apprentices, as this particular bill is doing; all we
want is to be able to have full-time VA monthly educational assistance,
as this bill is doing; all we want is to have competency-based
apprenticeships; all we want is for our families to have increased
benefits and to show our pride in our Nation and also to make our
Nation again proud of us.
So I want to thank my colleagues for this legislation, and I add my
appreciation as well as someone who represents the veterans hospitals
for the legislation that deals with S. 2484, the Department of Veterans
Affairs Health Care Personnel Enhancement Act, and as well the Veterans
Health Programs Improvement Act of 2004. What this does is of course
say to our veterans that we care.
Let me also say to my colleagues that I spent some time in Iraq just
a few weeks ago, and visited, after going to Iraq, the Landstuhl
Hospital in Ramstein, where there were a number of injured soldiers,
many of them who will be returning veterans. I want my colleagues to
know that what they wanted most of all was to return to conflict, to
combat, to be with their comrades as soldiers. But they were grateful,
as returning veterans, that we would show them that we care, and today
we are showing them we do so. We could not have done it without the
leaders of this committee.
So, Mr. Speaker, I am today thanking them, and as I close, I want to
add a very special appreciation for a dear friend of this House and a
dear friend of veterans in the United States of America, and that is
our friend and colleague, the gentleman from San Antonio, Texas (Mr.
Rodriguez).
I cannot say enough, Mr. Speaker, about the compassion of Ciro
Rodriguez. I cannot say enough about the kindness and the caring
attitude that he has exhibited to his colleagues and friends on the
floor of this body. More importantly, I cannot say enough about his
voice of reason when challenging the system for health care for all
Americans, but clearly challenging the system for health care for our
veterans. He demonstrated such a cooperative spirit with his own
chairman, the gentleman from Connecticut (Mr. Simmons), and I know they
had a special bond and a special friendship in working together.
We know that health care for our veterans is an indication to their
families and an indication to veterans and the enlisted personnel as to
how much America thanks them and how much America recognizes their
sacrifice. We could not have done it without the face of Ciro Rodriguez
going out day after day visiting with his own veterans, speaking across
the country, speaking as the chairman of the Congressional Hispanic
Caucus, and recognizing the importance of thanking our veterans in a
real meaningful way by the legislation he has helped to produce.
Might I also thank him for his support in providing posthumous
citizenship to those who lost their lives in Afghanistan and Iraq, to
those who were not citizens but who came from our immigrant community.
Ciro, we owe you a debt of gratitude. It is my honor and privilege to
have served with you. The veterans of America will thank you
continuously as they rise again to serve their country and in their
daily lives, and their families owe you also a debt of gratitude. Thank
you again, my friend. We wish you the very best. We honor you as you
honor the veterans.
Mr. Speaker, I thank each and every one of the members of this
committee for allowing this body to thank the veterans by this
legislation. I ask my colleagues to support all the legislation on the
floor for the veterans of America.
I rise today as a strong supporter of S. 2486, the Veterans' Benefits
Improvements Act of 2004, which received unanimous approval in the
Senate and is now before this body for passage. The Veterans' Benefits
Improvements Act would improve and enhance education, housing,
employment, medical, and other benefits for veterans.
As a Member of this body I have always been an ardent supporter of
our Nation's brave veterans and of the idea that they should receive
the best of care and support that our Nation has to offer. I am
heartened by this legislation because it takes steps toward improving
opportunities that veterans can receive as a condition of their
service.
I am especially pleased to find provisions in this legislation that
will increase education opportunities for Armed Service members after
they leave the Armed Forces. Specifically, the Veterans' Benefits
Improvements Act increases the voluntary contribution amount that
active duty members of the Armed Forces may make in order to receive
increased monthly educational assistance under the Montgomery GI Bill.
This additional assistance can very well mean the difference between
whether our veterans will be able to afford an education. Furthermore,
this legislation excludes veterans' education benefits from the
determination of eligibility for, or the amount of, Federal education
grants and loans. This is an important distinction because veterans
education benefits have been earned through service and should not
count against any other aid an individual may be able to receive due to
their level of financial hardship. These provisions together will
provide more opportunities for our veterans to attend institutions of
higher learning and obtain high paying career jobs after they leave the
Armed Forces.
The Veterans' Benefits Improvements Act also provides important
housing provisions for our Nation's deserving veterans. This
legislation calls for increasing the maximum housing loan guarantee
amount for which veterans are eligible. As well, the legislation gives
power to the Secretary for permanent authority to guarantee adjustable
rate mortgages (ARMs) and hybrid ARMs, and to modify interest rates
applicable to hybrid ARMs. These important housing provisions will make
it easier and more likely for our veterans to purchase suitable housing
for themselves and their families.
While The Veterans' Benefits Improvements Act contains a large number
of different provisions, this legislation is really about providing our
veterans with the ability to improve their lives once they leave the
Armed Forces. These men and women left their civilian lives behind to
serve our Nation; we owe it to them to allow them to improve their
lives once they return to civilian status.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume to say once again that this is a good bill. As a matter of
fact, it is a very, very important bill. And I do want to thank my
friend, the gentleman from Illinois (Mr. Evans), and the gentleman from
South Carolina (Mr. Brown), our distinguished subcommittee chairman,
who has done yeoman's work on this, and also the gentleman from Maine
(Mr. Michaud), who is the ranking member on that subcommittee. This has
been a true bipartisan product. I think when President Bush signs this
piece of legislation we can all be very, very proud.
I also want to join my friend from Texas in thanking the gentleman
from
[[Page H9772]]
Texas (Mr. Rodriguez) for his outstanding and exemplary work in the
Congress for the past 8 years, and he certainly has put veterans first.
So again I want to thank him for his work as well.
Mr. REYES. Mr. Speaker, I rise today in support of S. 2486, the
Veteran's Benefits Improvement Act of 2004. I would like to thank my
colleagues for bringing it to the floor for a vote.
As you may know, S. 2486 would expand educational and housing
benefits to qualified veterans and their dependents. With the rise in
cost for educational services and home loans, our Nation's veterans are
required to supplement the high costs through loans that can become
financially burdensome. With the expansion of these two benefits, we
can better ensure they are given the opportunity of continuing their
education and purchasing their own home.
In addition, I am glad to see the inclusion of important language to
provide housing and automobile benefits to veterans disabled by VA
medical treatment or vocational rehabilitation. As you may know, I am a
sponsor of H.R. 843 which aims to address this same issue by providing
full service-connected disability to persons injured while under the
care of the Department of Veterans Affairs. Although this bill does not
provide full service-connected disability to injured persons, I am
certainly glad to see this piece of legislation included in the bill.
I believe this bill will provide them with the resources needed to
fulfil their dreams and long term goals for education and home
ownership. In addition, this legislation will solidify the care for our
veterans welfare and health while under the care of the Department of
Veterans Affairs.
Mr. Speaker, I strongly urge my colleagues to support the passage of
this important bill.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
Mr. MICHAUD. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Smith) that the House suspend the rules
and pass the Senate bill, S. 2486.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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