[Congressional Record Volume 152, Number 64 (Monday, May 22, 2006)]
[House]
[Pages H2970-H2982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' HOUSING OPPORTUNITY AND BENEFITS IMPROVEMENT ACT OF 2006
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 1235) to amend title 38, United States Code,
to extend the availability of $400,000 in life insurance coverage to
servicemembers and veterans, to make a stillborn child an insurable
dependent for purposes of the Servicemembers' Group Life Insurance
program, to make technical corrections to the Veterans Benefits
Improvement Act of 2004, to make permanent a pilot program for direct
housing loans for Native American veterans, and to require an annual
plan on outreach activities of the Department of Veterans Affairs, as
amended.
The Clerk read as follows:
S. 1235
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'
Housing Opportunity and Benefits Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HOUSING MATTERS
Sec. 101. Adapted housing assistance for disabled veterans residing
temporarily in housing owned by family member.
Sec. 102. Adjustable rate mortgages.
Sec. 103. Permanent authority to make direct housing loans to Native
American veterans.
Sec. 104. Extension of eligibility for direct loans for Native American
veterans to a veteran who is the spouse of a Native
American.
Sec. 105. Technical corrections to Veterans Benefits Improvement Act of
2004.
TITLE II--EMPLOYMENT MATTERS
Sec. 201. Additional duty for the Assistant Secretary of Labor for
Veterans' Employment and Training to raise awareness of
skills of veterans and of the benefits of hiring
veterans.
Sec. 202. Modifications to the Advisory Committee on Veterans
Employment and Training.
Sec. 203. Reauthorization of appropriations for homeless veterans
reintegration programs.
TITLE III--LIFE AND HEALTH INSURANCE MATTERS
Sec. 301. Duration of Servicemembers' Group Life Insurance coverage for
totally disabled veterans following separation from
service.
Sec. 302. Limitation on premium increases for reinstated health
insurance of servicemembers released from active military
service.
Sec. 303. Preservation of employer-sponsored health plan coverage for
certain reserve-component members who acquire TRICARE
eligibility.
TITLE IV--OTHER MATTERS
Sec. 401. Inclusion of additional diseases and conditions in diseases
and disabilities presumed to be associated with prisoner
of war status.
Sec. 402. Consolidation and revision of outreach authorities.
Sec. 403. Extension of annual report requirement on equitable relief
cases.
TITLE V--TECHNICAL AMENDMENTS
Sec. 501. Technical and clarifying amendments to new traumatic injury
protection coverage under Servicemembers' Group Life
Insurance.
Sec. 502. Terminology amendments to revise references to certain
veterans in provisions relating to eligibility for
compensation or dependency and indemnity compensation.
Sec. 503. Technical and clerical amendments.
TITLE I--HOUSING MATTERS
SEC. 101. ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS
RESIDING TEMPORARILY IN HOUSING OWNED BY A
FAMILY MEMBER.
(a) Assistance Authorized.--Chapter 21 of title 38, United
States Code, is amended by inserting after section 2102 the
following new section:
[[Page H2971]]
``Sec. 2102A. Assistance for veterans residing temporarily in
housing owned by a family member
``(a) Provision of Assistance.--In the case of a disabled
veteran who is described in subsection (a)(2) or (b)(2) of
section 2101 of this title and who is residing, but does not
intend to permanently reside, in a residence owned by a
member of such veteran's family, the Secretary may assist the
veteran in acquiring such adaptations to such residence as
are determined by the Secretary to be reasonably necessary
because of the veteran's disability.
``(b) Amount of Assistance.--The assistance authorized
under subsection (a) may not exceed--
``(1) $14,000, in the case of a veteran described in
section 2101(a)(2) of this title; or
``(2) $2,000, in the case of a veteran described in section
2101(b)(2) of this title.
``(c) Limitation.--The assistance authorized by subsection
(a) shall be limited in the case of any veteran to one
residence.
``(d) Regulations.--Assistance under this section shall be
provided in accordance with such regulations as the Secretary
may prescribe.
``(e) Termination.--No assistance may be provided under
this section after the end of the five-year period that
begins on the date of the enactment of the Veterans' Housing
Opportunity and Benefits Improvement Act of 2006.''.
(b) Limitations on Adapted Housing Assistance.--Section
2102 of such title is amended--
(1) in the matter in subsection (a) preceding paragraph
(1)--
(A) by striking ``shall be limited in the case of any
veteran to one housing unit, and necessary land therefor,
and''; and
(B) by striking ``veteran but shall not exceed $50,000 in
any one case--'' and inserting ``veteran--''; and
(2) by adding at the end the following new subsection:
``(d)(1) The aggregate amount of assistance available to a
veteran under sections 2101(a) and 2102A of this title shall
be limited to $50,000.
``(2) The aggregate amount of assistance available to a
veteran under sections 2101(b) and 2102A of this title shall
be limited to $10,000.
``(3) No veteran may receive more than three grants of
assistance under this chapter.''.
(c) Coordination of Administration of Benefits.--Chapter 21
of such title is further amended by adding at the end the
following new section:
``Sec. 2107. Coordination of administration of benefits
``The Secretary shall provide for the coordination of the
administration of programs to provide specially adapted
housing that are administered by the Under Secretary for
Health and such programs that are administered by the Under
Secretary for Benefits under this chapter, chapter 17, and
chapter 31 of this title.''.
(d) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended--
(1) by inserting after the item relating to section 2102
the following new item:
``2102A. Assistance for veterans residing temporarily in housing owned
by a family member.''
; and
(2) by adding at the end the following new item:
``2107 Coordination of administration of benefits.''.
(e) GAO Reports.--
(1) Interim report.--Not later than three years after the
date of the enactment of this Act, the Comptroller General
shall submit to Congress an interim report on the
implementation by the Secretary of Veterans Affairs of
section 2102A of title 38, United States Code, as added by
subsection (a).
(2) Final report.--Not later than five years after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a final report on the implementation of
such section.
(f) Temporary Increase in Certain Housing Loan Fees.--For a
subsequent loan described in subsection (a) of section 3710
of title 38, United States Code, to purchase or construct a
dwelling with 0-down or any other subsequent loan described
in that subsection, other than a loan with 5-down or 10-down,
that is closed during fiscal year 2007, the Secretary of
Veterans Affairs shall apply section 3729(b)(2) of such title
by substituting ``3.35'' for ``3.30''.
SEC. 102. ADJUSTABLE RATE MORTGAGES.
Section 3707A(c)(4) of title 38, United States Code, is
amended by striking ``1 percentage point'' and inserting
``such percentage points as the Secretary may prescribe''.
SEC. 103. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO
NATIVE AMERICAN VETERANS.
(a) Permanent Authority.--Section 3761 of title 38, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``establish and implement a pilot program
under which the Secretary may'' in the first sentence; and
(B) by striking ``shall establish and implement the pilot
program'' in the third sentence and inserting ``shall make
such loans'';
(2) in subsection (b), by striking ``In carrying out the
pilot program under this subchapter, the'' and inserting
``The''; and
(3) by striking subsection (c).
(b) Reports.--Section 3762(j) of such title is amended to
read as follows:
``(j) The Secretary shall include as part of the annual
benefits report of the Veterans Benefits Administration
information concerning the cost and number of loans provided
under this subchapter for the fiscal year covered by the
report.''.
(c) Conforming Amendments.--
(1) Section 3762.--Section 3762 of such title is amended--
(A) in subsection (a), by inserting ``under this
subchapter'' after ``to a Native American veteran'';
(B) in subsection (b)(1)(E), by striking ``the pilot
program established under this subchapter is implemented''
and inserting ``loans under this subchapter are made'';
(C) in subsection (c)(1)(B), by striking ``carry out the
pilot program under this subchapter in a manner that
demonstrates the advisability of making direct housing
loans'' in the second sentence and inserting ``make direct
housing loans under this subchapter'';
(D) in subsection (i)--
(i) by striking ``the pilot program provided for under this
subchapter and'' in paragraph (1);
(ii) by striking ``under the pilot program and in assisting
such organizations and veterans in participating in the pilot
program'' in paragraph (2)(A) and inserting ``under this
subchapter and in assisting such organizations and veterans
with respect to such housing benefits''; and
(iii) by striking ``in participating in the pilot program''
in paragraph (2)(E) and inserting ``with respect to such
benefits''.
(2) Conforming repeal.--Section 8(b) of the Veterans Home
Loan Program Amendments of 1992 (Public Law 102-547; 38
U.S.C. 3761 note) is repealed.
(d) Establishment of Maximum Amount of Loans.--Section
3762(c)(1)(B) of title 38, United States Code, is amended--
(1) by striking ``(B) The'' and inserting ``(B)(i) Subject
to clause (ii), the''; and
(2) by adding at the end the following new clause:
``(ii) The amount of a loan made by the Secretary under
this subchapter may not exceed the maximum loan amount
authorized for loans guaranteed under section 3703(a)(1)(C)
of this title.''.
(e) Technical Amendment.--Subsection (c)(1)(A) of section
3762 of such title is amended by inserting ``veteran'' after
``Native American''.
(f) Clerical Amendments.--
(1) Subchapter heading.--The heading for subchapter V of
chapter 37 of such title is amended to read as follows:
``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.
(2) Section heading.--The heading for section 3761 of such
title is amended to read as follows:
``Sec. 3761. Direct housing loans to Native American
veterans; program authority''.
(3) Section heading.--The heading for section 3762 of such
title is amended to read as follows:
``Sec. 3762. Direct housing loans to Native American
veterans; program administration''.
(4) Table of sections.--The table of sections at the
beginning of chapter 37 of such title is amended by striking
the items relating to subchapter V and sections 3761 and 3762
and inserting the following new items:
``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS
``3761. Direct housing loans to Native American veterans; program
authority.
``3762. Direct housing loans to Native American veterans; program
administration.''.
SEC. 104. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR
NATIVE AMERICAN VETERANS TO A VETERAN WHO IS
THE SPOUSE OF A NATIVE AMERICAN.
(a) Extension.--Subchapter V of chapter 37 of title 38,
United States Code, is amended--
(1) by redesignating section 3764 as section 3765; and
(2) by inserting after section 3763 the following new
section:
``Sec. 3764. Qualified non-Native American veterans
``(a) Treatment of Non-Native American Veterans.--Subject
to the succeeding provisions of this section, for purposes of
this subchapter--
``(1) a qualified non-Native American veteran is deemed to
be a Native American veteran; and
``(2) for purposes of applicability to a non-Native
American veteran, any reference in this subchapter to the
jurisdiction of a tribal organization over a Native American
veteran is deemed to be a reference to jurisdiction of a
tribal organization over the Native American spouse of the
qualified non-Native American veteran.
``(b) Use of Loan.--In making direct loans under this
subchapter to a qualified non-Native American veteran by
reason of eligibility under subsection (a), the Secretary
shall ensure that the tribal organization permits, and the
qualified non-Native American veteran actually holds,
possesses, or purchases, using the proceeds of the loan,
jointly with the Native American spouse of the qualified non-
Native American veteran, a meaningful interest in the lot,
dwelling, or both, that is located on trust land.
``(c) Restrictions Imposed by Tribal Organizations.--
Nothing in subsection (b)
[[Page H2972]]
shall be construed as precluding a tribal organization from
imposing reasonable restrictions on the right of the
qualified non-Native American veteran to convey, assign, or
otherwise dispose of such interest in the lot or dwelling, or
both, if such restrictions are designed to ensure the
continuation in trust status of the lot or dwelling, or both.
Such requirements may include the termination of the interest
of the qualified non-Native American veteran in the lot or
dwelling, or both, upon the dissolution of the marriage of
the qualified non-Native American veteran to the Native
American spouse.''.
(b) Conforming Amendments.--Section 3765 of such title, as
redesignated by subsection (a)(1), is amended by adding at
the end the following new paragraph:
``(5) The term `qualified non-Native American veteran'
means a veteran who--
``(A) is the spouse of a Native American, but
``(B) is not a Native American.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 37 of such title is amended by striking
the item relating to section 3764 and inserting the following
new items:
``3764. Qualified non-Native American veterans.
``3765. Definitions.''.
SEC. 105. TECHNICAL CORRECTIONS TO VETERANS BENEFITS
IMPROVEMENT ACT OF 2004.
(a) Corrections.--Section 2101 of title 38, United States
Code, as amended by section 401 of the Veterans Benefits
Improvement Act of 2004 (Public Law 108-454; 118 Stat. 3614),
is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) a new subsection (c)
consisting of the text of subsection (c) of such section 2101
as in effect immediately before the enactment of such Act,
modified--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``paragraph (1),
(2), or (3)'' and inserting ``subparagraph (A), (B), (C), or
(D) of paragraph (2)''; and
(ii) in the second sentence, by striking ``the second
sentence'' and inserting ``paragraph (3)''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``paragraph (1)''
and inserting ``paragraph (2)''; and
(ii) in the second sentence, by striking ``paragraph (2)''
and inserting ``paragraph (3)''; and
(3) in subsection (a)(3), by striking ``subsection (c)'' in
the matter preceding subparagraph (A) and inserting
``subsection (d)''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of December 10, 2004, as if enacted
immediately after the enactment of the Veterans Benefits
Improvement Act of 2004 on that date.
TITLE II--EMPLOYMENT MATTERS
SEC. 201. ADDITIONAL DUTY FOR THE ASSISTANT SECRETARY OF
LABOR FOR VETERANS' EMPLOYMENT AND TRAINING TO
RAISE AWARENESS OF SKILLS OF VETERANS AND OF
THE BENEFITS OF HIRING VETERANS.
Subsection (b) of section 4102A of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(8) With advice and assistance from the Advisory
Committee on Veterans Employment and Training, and Employer
Outreach established under section 4110 of this title,
furnish information to employers (through meetings in person
with hiring executives of corporations and otherwise) with
respect to the training and skills of veterans and disabled
veterans, and the advantages afforded employers by hiring
veterans with such training and skills, and to facilitate
employment of veterans and disabled veterans through
participation in labor exchanges (Internet-based and
otherwise), and other means.''.
SEC. 202. MODIFICATIONS TO THE ADVISORY COMMITTEE ON VETERANS
EMPLOYMENT AND TRAINING.
(a) Committee Name.--
(1) Change of name.--Subsection (a)(1) of section 4110 of
title 38, United States Code, is amended by striking
``Advisory Committee on Veterans Employment and Training''
and inserting ``Advisory Committee on Veterans Employment,
Training, and Employer Outreach''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 4110. Advisory Committee on Veterans Employment,
Training, and Employer Outreach''.
(3) Table of sections.--The item relating to section 4110
in the table of sections at the beginning of chapter 41 of
such title is amended to read as follows:
``4110. Advisory Committee on Veterans Employment, Training, and
Employer Outreach.''.
(4) References.--Any reference to the Advisory Committee
established under section 4110 of such title in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Advisory Committee on Veterans Employment, Training, and
Employer Outreach.
(b) Expansion of Duties of Advisory Committee.--Subsection
(a)(2) of such section is amended--
(1) in subparagraph (A), by inserting ``and their
integration into the workforce'' after ``veterans'';
(2) by striking ``and'' at the end of subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) assist the Assistant Secretary of Labor for Veterans'
Employment and Training in carrying out outreach activities
to employers with respect to the training and skills of
veterans and the advantages afforded employers by hiring
veterans;
``(D) make recommendations to the Secretary, through the
Assistant Secretary of Labor for Veterans' Employment and
Training, with respect to outreach activities and the
employment and training of veterans; and''.
(c) Modification of Advisory Committee Membership.--
(1) Membership.--Subsection (c)(1) of such section is
amended to read as follows:
``(c)(1) The Secretary of Labor shall appoint at least 12,
but no more than 15, individuals to serve as members of the
advisory committee as follows:
``(A) Six individuals, one each from among representatives
nominated by each of the following organizations:
``(i) The National Society of Human Resource Managers.
``(ii) The Business Roundtable.
``(iii) The National Association of State Workforce
Agencies.
``(iv) The United States Chamber of Commerce.
``(v) The National Federation of Independent Business.
``(vi) A nationally recognized labor union or organization.
``(B) Not more than five individuals from among
representatives nominated by veterans service organizations
that have a national employment program.
``(C) Not more than five individuals who are recognized
authorities in the fields of business, employment, training,
rehabilitation, or labor and who are not employees of the
Department of Labor.''.
(2) Conforming amendments.--Subsection (d) of such section
is amended--
(A) by striking paragraphs (3), (4), (8), (10), (11), and
(12); and
(B) by redesignating paragraphs (5), (6), (7), and (9) as
paragraphs (3), (4), (5), and (6), respectively.
(d) Reinstatement and Modification of Reporting
Requirement.--Subsection (f)(1) of such section is amended--
(1) by striking the first sentence and inserting the
following: ``Not later than December 31 of each year, the
advisory committee shall submit to the Secretary and to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the employment and training needs
of veterans, with special emphasis on disabled veterans, for
the previous fiscal year.'';
(2) in subparagraph (A), by inserting ``and their
integration into the workforce'' after ``veterans'';
(3) by striking ``and'' at the end of subparagraph (B);
(4) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (F), respectively;
(5) by inserting after subparagraph (A) the following new
subparagraph:
``(B) an assessment of the outreach activities carried out
by the Secretary of Labor to employers with respect to the
training and skills of veterans and the advantages afforded
employers by hiring veterans;''; and
(6) by inserting after subparagraph (C), as so
redesignated, the following new subparagraphs:
``(D) a description of the activities of the advisory
committee during that fiscal year;
``(E) a description of activities that the advisory
committee proposes to undertake in the succeeding fiscal
year; and''.
SEC. 203. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS
VETERANS REINTEGRATION PROGRAMS.
Subsection (e)(1) of section 2021 of title 38, United
States Code, is amended by adding at the end the following
new subparagraph:
``(F) $50,000,000 for each of fiscal years 2007 through
2009.''.
TITLE III--LIFE AND HEALTH INSURANCE MATTERS
SEC. 301. DURATION OF SERVICEMEMBERS' GROUP LIFE INSURANCE
COVERAGE FOR TOTALLY DISABLED VETERANS
FOLLOWING SEPARATION FROM SERVICE.
(a) Separation or Release From Active Duty.--
(1) Extension of period of coverage.--Paragraph (1)(A) of
section 1968(a) of title 38, United States Code, is amended
by striking ``shall cease'' and all that follows and
inserting ``shall cease on the earlier of the following dates
(but in no event before the end of 120 days after such
separation or release):
``(i) The date on which the insured ceases to be totally
disabled.
``(ii) The date that is--
``(I) two years after the date of separation or release
from such active duty or active duty for training, in the
case of such a separation or release during the period
beginning on the date that is one year before the date of the
enactment of Veterans' Housing Opportunity and Benefits
Improvement Act of 2006 and ending on September 30, 2011; and
``(II) 18 months after the date of separation or release
from such active duty or active duty for training, in the
case of such a separation or release on or after October 1,
2011.''.
(2) Technical amendments.--Paragraph (1) of such section is
further amended--
[[Page H2973]]
(A) in the matter preceding subparagraph (A), by striking
``shall cease--'' and inserting ``shall cease as follows:'';
and
(B) in subparagraph (B), by striking ``at'' after ``(B)''
and inserting ``At''.
(b) Separation or Release From Certain Reserve
Assignments.--Paragraph (4) of such section is amended by
striking ``shall cease'' the second place it appears and all
that follows and inserting ``shall cease on the earlier of
the following dates (but in no event before the end of 120
days after separation or release from such assignment):
``(A) The date on which the insured ceases to be totally
disabled.
``(B) The date that is--
``(i) two years after the date of separation or release
from such assignment, in the case of such a separation or
release during the period beginning on the date that is one
year before the date of the enactment of Veterans' Housing
Opportunity and Benefits Improvement Act of 2006 and ending
on September 30, 2011; and
``(ii) 18 months after the date of separation or release
from such assignment, in the case of such a separation or
release on or after October 1, 2011.''.
SEC. 302. LIMITATION ON PREMIUM INCREASES FOR REINSTATED
HEALTH INSURANCE OF SERVICEMEMBERS RELEASED
FROM ACTIVE MILITARY SERVICE.
(a) Premium Protection.--Section 704 of the Servicemembers
Civil Relief Act (50 U.S.C. App. 594) is amended by adding at
the end the following new subsection:
``(e) Limitation on Premium Increases.--
``(1) Premium protection.--The amount of the premium for
health insurance coverage that was terminated by a
servicemember and required to be reinstated under subsection
(a) may not be increased, for the balance of the period for
which coverage would have been continued had the coverage not
been terminated, to an amount greater than the amount
chargeable for such coverage before the termination.
``(2) Increases of general applicability not precluded.--
Paragraph (1) does not prevent an increase in premium to the
extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health
insurance coverage for persons similarly covered by such
insurance during the period between the termination and the
reinstatement.''.
(b) Technical Amendment.--Subsection (b)(3) of such section
is amended by striking ``if the'' and inserting ``in a case
in which the''.
SEC. 303. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN
COVERAGE FOR CERTAIN RESERVE-COMPONENT MEMBERS
WHO ACQUIRE TRICARE ELIGIBILITY.
(a) Continuation of Coverage.--Subsection (a)(1) of section
4317 of title 38, United States Code, is amended by inserting
after ``by reason of service in the uniformed services,'' the
following: ``or such person becomes eligible for medical and
dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title,''.
(b) Reinstatement of Coverage.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by inserting after ``by reason of service in the
uniformed services,'' the following: ``or by reason of the
person's having become eligible for medical and dental care
under chapter 55 of title 10 by reason of subsection (d) of
section 1074 of that title,''; and
(B) by inserting ``or eligibility'' before the period at
the end of the first sentence; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a person whose coverage under a health
plan is terminated by reason of the person having become
eligible for medical and dental care under chapter 55 of
title 10 by reason of subsection (d) of section 1074 of that
title but who subsequently does not commence a period of
active duty under the order to active duty that established
such eligibility because the order is canceled before such
active duty commences, the provisions of paragraph (1)
relating to any exclusion or waiting period in connection
with the reinstatement of coverage under a health plan shall
apply to such person's continued employment, upon the
termination of such eligibility for medical and dental care
under chapter 55 of title 10 that is incident to the
cancellation of such order, in the same manner as if the
person had become reemployed upon such termination of
eligibility.''.
TITLE IV--OTHER MATTERS
SEC. 401. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN
DISEASES AND DISABILITIES PRESUMED TO BE
ASSOCIATED WITH PRISONER OF WAR STATUS.
Section 1112(b)(3) of title 38, United States Code, is
amended by adding at the end the following new subparagraphs:
``(L) Atherosclerotic heart disease or hypertensive
vascular disease (including hypertensive heart disease) and
their complications (including myocardial infarction,
congestive heart failure and arrhythmia).
``(M) Stroke and its complications.''.
``CHAPTER 63--OUTREACH ACTIVITIES
``6301. Purpose; definitions.
``6302. Biennial plan.
``6303. Outreach services.
``6304. Veterans assistance offices.
``6305. Outstationing of counseling and outreach personnel.
``6306. Use of other agencies.
``6307. Outreach for eligible dependents.
``6308. Biennial report to Congress.
``Sec. 6301. Purpose; definitions
``(a) Purpose.--The Congress declares that--
``(1) the outreach services program authorized by this
chapter is for the purpose of ensuring that all veterans
(especially those who have been recently discharged or
released from active military, naval, or air service and
those who are eligible for readjustment or other benefits and
services under laws administered by the Department) are
provided timely and appropriate assistance to aid and
encourage them in applying for and obtaining such benefits
and services in order that they may achieve a rapid social
and economic readjustment to civilian life and obtain a
higher standard of living for themselves and their
dependents; and
``(2) the outreach services program authorized by this
chapter is for the purpose of charging the Department with
the affirmative duty of seeking out eligible veterans and
eligible dependents and providing them with such services.
``(b) Definitions.--For the purposes of this chapter--
``(1) the term `other governmental programs' includes all
programs under State or local laws as well as all programs
under Federal law other than those authorized by this title;
and
``(2) the term `eligible dependent' means a spouse,
surviving spouse, child, or dependent parent of a person who
served in the active military, naval, or air service.
``Sec. 6302. Biennial plan
``(a) Biennial Plan Required.--The Secretary shall, during
the first nine months of every odd-numbered year, prepare a
biennial plan for the outreach activities of the Department
for the two-fiscal-year period beginning on October 1 of that
year.
``(b) Elements.--Each biennial plan under subsection (a)
shall include the following:
``(1) Plans for efforts to identify eligible veterans and
eligible dependents who are not enrolled or registered with
the Department for benefits or services under the programs
administered by the Secretary.
``(2) Plans for informing eligible veterans and eligible
dependents of modifications of the benefits and services
under the programs administered by the Secretary, including
eligibility for medical and nursing care and services.
``(c) Coordination in Development.--In developing the
biennial plan under subsection (a), the Secretary shall
consult with the following:
``(1) Directors or other appropriate officials of
organizations approved by the Secretary under section 5902 of
this title.
``(2) Directors or other appropriate officials of State and
local education and training programs.
``(3) Representatives of nongovernmental organizations that
carry out veterans outreach programs.
``(4) Representatives of State and local veterans
employment organizations.
``(5) Other individuals and organizations that the
Secretary considers appropriate.
``Sec. 6303. Outreach services
``(a) Requirement to Provide Services.--In carrying out the
purposes of this chapter, the Secretary shall provide the
outreach services specified in subsections (b) through (d).
In areas where a significant number of eligible veterans and
eligible dependents speak a language other than English as
their principal language, such services shall, to the maximum
feasible extent, be provided in the principal language of
such persons.
``(b) Individual Notice to New Veterans.--The Secretary
shall by letter advise each veteran at the time of the
veteran's discharge or release from active military, naval,
or air service (or as soon as possible after such discharge
or release) of all benefits and services under laws
administered by the Department for which the veteran may be
eligible. In carrying out this subsection, the Secretary
shall ensure, through the use of veteran-student services
under section 3485 of this title, that contact, in person or
by telephone, is made with those veterans who, on the basis
of their military service records, do not have a high school
education or equivalent at the time of discharge or release.
``(c) Distribution of Information.--(1) The Secretary--
``(A) shall distribute full information to eligible
veterans and eligible dependents regarding all benefits and
services to which they may be entitled under laws
administered by the Secretary; and
``(B) may, to the extent feasible, distribute information
on other governmental programs (including manpower and
training programs) which the Secretary determines would be
beneficial to veterans.
``(2) Whenever a veteran or dependent first applies for any
benefit under laws administered by the Secretary (including a
request for burial or related benefits or an application for
life insurance proceeds), the Secretary shall provide to the
veteran or dependent information concerning benefits and
health care services under programs administered by the
Secretary. Such information shall be provided not later than
three months after the date of such application.
``(d) Provision of Aid and Assistance.--The Secretary shall
provide, to the maximum extent possible, aid and assistance
(including personal interviews) to members of the Armed
Forces, veterans, and eligible dependents with respect to
subsections (b) and (c) and in the preparation and
presentation of claims under laws administered by the
Department.
[[Page H2974]]
``(e) Assignment of Employees.--In carrying out this
section, the Secretary shall assign such employees as the
Secretary considers appropriate to conduct outreach programs
and provide outreach services for homeless veterans. Such
outreach services may include site visits through which
homeless veterans can be identified and provided assistance
in obtaining benefits and services that may be available to
them.
``Sec. 6304. Veterans assistance offices
``(a) In General.--The Secretary shall establish and
maintain veterans assistance offices at such places
throughout the United States and its territories and
possessions, and in the Commonwealth of Puerto Rico, as the
Secretary determines to be necessary to carry out the
purposes of this chapter. The Secretary may maintain such
offices on such military installations located elsewhere as
the Secretary, after consultation with the Secretary of
Defense and taking into account recommendations, if any, of
the Secretary of Labor, determines to be necessary to carry
out such purposes.
``(b) Location of Offices.--In establishing and maintaining
such offices, the Secretary shall give due regard to--
``(1) the geographical distribution of veterans recently
discharged or released from active military, naval, or air
service;
``(2) the special needs of educationally disadvantaged
veterans (including their need for accessibility of outreach
services); and
``(3) the necessity of providing appropriate outreach
services in less populated areas.
``Sec. 6305. Outstationing of counseling and outreach
personnel
``The Secretary may station employees of the Department at
locations other than Department offices, including
educational institutions, to provide--
``(1) counseling and other assistance regarding benefits
under this title to veterans and other persons eligible for
benefits under this title; and
``(2) outreach services under this chapter.
``Sec. 6306. Use of other agencies
``(a) In carrying out this chapter, the Secretary shall
arrange with the Secretary of Labor for the State employment
service to match the particular qualifications of an eligible
veteran or eligible dependent with an appropriate job or job
training opportunity, including, where possible, arrangements
for outstationing the State employment personnel who provide
such assistance at appropriate facilities of the Department.
``(b) In carrying out this chapter, the Secretary shall, in
consultation with the Secretary of Labor, actively seek to
promote the development and establishment of employment
opportunities, training opportunities, and other
opportunities for veterans, with particular emphasis on the
needs of veterans with service-connected disabilities and
other eligible veterans, taking into account applicable rates
of unemployment and the employment emphases set forth in
chapter 42 of this title.
``(c) In carrying out this chapter, the Secretary shall
cooperate with and use the services of any Federal department
or agency or any State or local governmental agency or
recognized national or other organization.
``(d) In carrying out this chapter, the Secretary shall,
where appropriate, make referrals to any Federal department
or agency or State or local governmental unit or recognized
national or other organization.
``(e) In carrying out this chapter, the Secretary may
furnish available space and office facilities for the use of
authorized representatives of such governmental unit or other
organization providing services.
``(f) In carrying out this chapter, the Secretary shall
conduct and provide for studies, in consultation with
appropriate Federal departments and agencies, to determine
the most effective program design to carry out the purposes
of this chapter.
``Sec. 6307. Outreach for eligible dependents
``(a) Needs of Dependents.--In carrying out this chapter,
the Secretary shall ensure that the needs of eligible
dependents are fully addressed.
``(b) Information as to Availability of Outreach Services
for Dependents.--The Secretary shall ensure that the
availability of outreach services and assistance for eligible
dependents under this chapter is made known through a variety
of means, including the Internet, announcements in veterans
publications, and announcements to the media.
``Sec. 6308. Biennial report to Congress
``(a) Report Required.--The Secretary shall, not later than
December 1 of every even-numbered year (beginning in 2008),
submit to Congress a report on the outreach activities
carried out by the Department.
``(b) Content.--Each report under this section shall
include the following:
``(1) A description of the implementation during the
preceding fiscal year of the current biennial plan under
section 6302 of this title.
``(2) Recommendations for the improvement or more effective
administration of the outreach activities of the
Department.''.
(b) Incorporation of Recommendations to Improve Outreach
and Awareness.--The Secretary of Veterans Affairs shall, to
the extent appropriate, incorporate the recommendations for
the improvement of veterans outreach and awareness activities
included in the report submitted to Congress by the Secretary
pursuant to section 805 of the Veterans Benefits Improvement
Act of 2004 (Public Law 108-454).
(c) Repeal of Recodified Provisions.--Subchapter II of
chapter 77 of title 38, United States Code, is repealed.
(d) Conforming and Clerical Amendments.--
(1) Subchapter III of chapter 77 of such title is
redesignated as subchapter II.
(2) The table of sections at the beginning of such chapter
is amended by striking the items relating to the heading for
subchapter II, sections 7721 through 7727, and the heading
for subchapter III and inserting the following:
``subchapter ii--quality assurance''.
(3) The tables of chapters at the beginning of such title,
and at the beginning of part IV of such title, are amended by
inserting after the item relating to chapter 61 the following
new item:
``63. Outreach Activities.......................................6301''.
(e) Cross-Reference Amendments.--
(1) Section 3485(a)(4)(A) of title 38, United States Code,
is amended by striking ``subchapter II of chapter 77'' and
inserting ``chapter 63''.
(2) Section 4113(a)(2) of such title is amended by striking
``section 7723(a)'' and inserting ``section 6304(a)''.
(3) Section 4214(g) of such title is amended by striking
``section 7722'' and ``section 7724'' and inserting ``section
6303'' and ``section 6305'', respectively.
(4) Section 168(b)(2)(B) of the Workforce Investment Act of
1998 (29 U.S.C. 2913(b)(2)(B)) is amended by striking
``subchapter II of chapter 77'' and inserting ``chapter 63''.
SEC. 403. EXTENSION OF ANNUAL REPORT REQUIREMENT ON EQUITABLE
RELIEF CASES.
Section 503(c) of title 38, United States Code, is amended
by striking ``December 31, 2004'' and inserting ``December
31, 2009''.
TITLE V--TECHNICAL AMENDMENTS
SEC. 501. TECHNICAL AND CLARIFYING AMENDMENTS TO NEW
TRAUMATIC INJURY PROTECTION COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Section 1980A.--Section 1980A of title 38, United
States Code, is amended as follows:
(1) Subsection (a) is amended to read as follows:
``(a)(1) A member of the uniformed services who is insured
under Servicemembers' Group Life Insurance shall
automatically be insured for traumatic injury in accordance
with this section. Insurance benefits under this section
shall be payable if the member, while so insured, sustains a
traumatic injury on or after December 1, 2005, that results
in a qualifying loss specified pursuant to subsection (b)(1).
``(2) If a member suffers more than one such qualifying
loss as a result of traumatic injury from the same traumatic
event, payment shall be made under this section in accordance
with the schedule prescribed pursuant to subsection (d) for
the single loss providing the highest payment.''.
(2) Subsection (b) is amended--
(A) in paragraph (1)--
(i) by striking ``issued a'' and all that follows through
``limited to--'' and inserting ``insured against traumatic
injury under this section is insured against such losses due
to traumatic injury (in this section referred to as
`qualifying losses') as are prescribed by the Secretary by
regulation. Qualifying losses so prescribed shall include the
following:'';
(ii) by capitalizing the first letter of the first word of
each of subparagraphs (A) through (H);
(iii) by striking the semicolon at the end of each of
subparagraphs (A) through (F) and inserting a period; and
(iv) by striking ``; and'' at the end of subparagraph (G)
and inserting a period;
(B) in paragraph (2)--
(i) by striking ``subsection--'' and inserting
``subsection:'';
(ii) by striking ``the'' at the beginning of subparagraphs
(A), (B), and (C) and inserting ``The'';
(iii) in subparagraph (A), by striking ``4 limbs;'' and
inserting ``four limbs.'';
(iv) in subparagraph (B), by striking ``; and'' at the end
and inserting a period;
(v) in subparagraph (C), by striking ``1 side'' and
inserting ``one side''; and
(vi) by adding at the end the following new subparagraph:
``(D) The term `inability to carry out the activities of
daily living' means the inability to independently perform
two or more of the following six functions:
``(i) Bathing.
``(ii) Continence.
``(iii) Dressing.
``(iv) Eating.
``(v) Toileting.
``(vi) Transferring.'';
(C) in paragraph (3)--
(i) by striking ``, in collaboration with the Secretary of
Defense,'';
(ii) by striking ``shall prescribe'' and inserting ``may
prescribe''; and
(iii) by striking ``the conditions under which coverage
against loss will not be provided'' and inserting
``conditions under which coverage otherwise provided under
this section is excluded''; and
(D) by adding at the end the following new paragraph:
``(4) A member shall not be considered for the purposes of
this section to be a member insured under Servicemembers'
Group Life Insurance if the member is insured under
Servicemembers' Group Life Insurance only
[[Page H2975]]
as an insurable dependent of another member pursuant to
subparagraph (A)(ii) or (C)(ii) of section 1967(a)(1) of this
title.''.
(3) Subsection (c) is amended to read as follows:
``(c)(1) A payment may be made to a member under this
section only for a qualifying loss that results directly from
a traumatic injury sustained while the member is covered
against loss under this section and from no other cause.
``(2)(A) A payment may be made to a member under this
section for a qualifying loss resulting from a traumatic
injury only for a loss that is incurred during the applicable
period of time specified pursuant to subparagraph (B).
``(B) For each qualifying loss, the Secretary shall
prescribe, by regulation, a period of time to be the period
of time within which a loss of that type must be incurred,
determined from the date on which the member sustains the
traumatic injury resulting in that loss, in order for that
loss to be covered under this section.''.
(4) Subsection (d) is amended by striking ``losses
described in subsection (b)(1) shall be--'' and all that
follows and inserting ``qualifying losses shall be made in
accordance with a schedule prescribed by the Secretary, by
regulation, specifying the amount of payment to be made for
each type of qualifying loss, to be based on the severity of
the qualifying loss. The minimum payment that may be
prescribed for a qualifying loss is $25,000, and the maximum
payment that may be prescribed for a qualifying loss is
$100,000.''.
(5) Subsection (e) is amended--
(A) by striking ``of Veterans Affairs'' each place it
appears;
(B) in paragraph (1), by striking ``as the premium
allocable'' and all that follows through ``protection under
this section'';
(C) in paragraph (2), by striking ``Secretary of the
concerned service'' and inserting ``Secretary concerned'';
and
(D) by striking paragraphs (6), (7), and (8) and inserting
the following:
``(6) The cost attributable to insuring members under this
section for any month or other period specified by the
Secretary, less the premiums paid by the members, shall be
paid by the Secretary concerned to the Secretary. The
Secretary shall allocate the amount payable among the
uniformed services using such methods and data as the
Secretary determines to be reasonable and practicable.
Payments under this paragraph shall be made on a monthly
basis or at such other intervals as may be specified by the
Secretary and shall be made within 10 days of the date on
which the Secretary provides notice to the Secretary
concerned of the amount required.
``(7) For each period for which a payment by a Secretary
concerned is required under paragraph (6), the Secretary
concerned shall contribute such amount from appropriations
available for active duty pay of the uniformed service
concerned.
``(8) The sums withheld from the basic or other pay of
members, or collected from them by the Secretary concerned,
under this subsection, and the sums contributed from
appropriations under this subsection, together with the
income derived from any dividends or premium rate adjustments
received from insurers shall be deposited to the credit of
the revolving fund established in the Treasury of the United
States under section 1869(d)(1) of this title.''.
(6) Subsection (f) is amended to read as follows:
``(f) When a claim for benefits is submitted under this
section, the Secretary of Defense or, in the case of a member
not under the jurisdiction of the Secretary of Defense, the
Secretary concerned, shall certify to the Secretary whether
the member with respect to whom the claim is submitted--
``(1) was at the time of the injury giving rise to the
claim insured under Servicemembers' Group Life Insurance for
the purposes of this section; and
``(2) has sustained a qualifying loss.''.
(7) Subsection (g) of such section is amended--
(A) by inserting ``(1)'' after ``(g)'';
(B) by striking ``will not be made'' and inserting ``may
not be made under the insurance coverage under this
section'';
(C) by striking ``the period'' and all that follows through
``the date'' and inserting ``a period prescribed by the
Secretary, by regulation, for such purpose that begins on the
date'';
(D) by designating the second sentence as paragraph (2);
(E) by striking ``If the member'' and inserting ``If a
member eligible for a payment under this section'';
(F) by striking ``will be'' and inserting ``shall be''; and
(G) by striking ``according to'' and all that follows and
inserting ``to the beneficiary or beneficiaries to whom the
payment would be made if the payment were life insurance
under section 1967(a) of this title.''.
(8) Subsection (h) of such section is amended--
(A) in the first sentence, by striking ``member's
separation from the uniformed service'' and inserting
``termination of the member's duty status in the uniformed
services that established eligibility for Servicemembers'
Group Life Insurance'';
(B) by striking the second sentence; and
(C) by adding at the end the following new sentence: ``The
termination of coverage under this section is effective in
accordance with the preceding sentence, notwithstanding any
continuation after the date specified in that sentence of
Servicemembers' Group Life Insurance coverage pursuant to
1968(a) of this title for a period specified in that
section.''.
(9) Such section is further amended by adding at the end
the following new subsection:
``(j) Regulations under this section shall be prescribed in
consultation with the Secretary of Defense.''.
(b) Applicability to Qualifying Losses Incurred in
Operation Enduring Freedom and Operation Iraqi Freedom Before
Effective Date of New Program.--
(1) Eligibility.--A member of the uniformed services who
during the period beginning on October 7, 2001, and ending at
the close of November 30, 2005, sustains a traumatic injury
resulting in a qualifying loss is eligible for coverage for
that loss under section 1980A of title 38, United States
Code, if, as determined by the Secretary concerned, that loss
was a direct result of a traumatic injury incurred in the
theater of operations for Operation Enduring Freedom or
Operation Iraqi Freedom.
(2) Certification of persons entitled to payment.--The
Secretary concerned shall certify to the life insurance
company issuing the policy of life insurance for
Servicemembers' Group Life Insurance under chapter 19 of
title 38, United States Code, the name and address of each
person who the Secretary concerned determines to be entitled
by reason of paragraph (1) to a payment under section 1980A
of title 38, United States Code, plus such additional
information as the Secretary of Veterans Affairs may require.
(3) Funding.--At the time a certification is made under
paragraph (2), the Secretary concerned, from funds then
available to that Secretary for the pay of members of the
uniformed services under the jurisdiction of that Secretary,
shall pay to the Secretary of Veterans Affairs the amount of
funds the Secretary of Veterans Affairs determines to be
necessary to pay all costs related to payments to be made
under that certification. Amounts received by the Secretary
of Veterans Affairs under this paragraph shall be deposited
to the credit of the revolving fund in the Treasury of the
United States established under section 1969(d) of title 38,
United States Code.
(4) Qualifying loss.--For purposes of this subsection, the
term ``qualifying loss'' means--
(A) a loss specified in the second sentence of subsection
(b)(1) of section 1980A of title 38, United States Code, as
amended by subsection (a); and
(B) any other loss specified by the Secretary of Veterans
Affairs pursuant to the first sentence of that subsection.
(5) Secretary concerned.--For purposes of this subsection,
the term ``Secretary concerned'' has the meaning given that
term in paragraph (25) of section 101 of title 38, United
States Code.
(c) Conforming Amendments.--
(1) Section 1965 of title 38, United States Code, is
amended by striking paragraph (11).
(2) Section 1032(c) of Public Law 109-13 (119 Stat. 257; 38
U.S.C. 1980A note) is repealed.
SEC. 502. TERMINOLOGY AMENDMENTS TO REVISE REFERENCES TO
CERTAIN VETERANS IN PROVISIONS RELATING TO
ELIGIBILITY FOR COMPENSATION OR DEPENDENCY AND
INDEMNITY COMPENSATION.
Title 38, United States Code, is amended as follows:
(1) Section 1114(l) is amended by striking ``so helpless''
and inserting ``with such significant disabilities''.
(2) Section 1114(m) is amended by striking ``so helpless''
and inserting ``so significantly disabled''.
(3) Sections 1115(1)(E)(ii), 1122(b)(2), 1311(c)(2),
1315(g)(2), and 1502(b)(2) are amended by striking ``helpless
or blind, or so nearly helpless or blind as to'' and
inserting ``blind, or so nearly blind or significantly
disabled as to''.
SEC. 503. TECHNICAL AND CLERICAL AMENDMENTS.
Title 38, United States Code, is amended as follows:
(1) Typographical error.--Section 1117(h)(1) is amended by
striking ``nothwithstanding'' and inserting
``notwithstanding''.
(2) Insertion of missing word.--Section 1513(a) is amended
by inserting ``section'' after ``prescribed by''.
(3) Deletion of extra words.--Section 3012(a)(1)(C)(ii) is
amended by striking ``on or''.
(4) Cross reference correction.--Section 3017(b)(1)(D) is
amended by striking ``3011(c)'' and inserting ``3011(e)''.
(5) Stylistic amendments.--Section 3018A is amended--
(A) by striking ``of this section'' in subsections (b) and
(c);
(B) by striking ``of this subsection'' in subsections
(a)(4), (a)(5), (d)(1) (both places it appears), and (d)(3);
and
(C) by striking ``of this chapter'' in subsection (d)(3)
and inserting ``of this title''.
(6) Cross reference correction.--Section 3117(b)(1) is
amended--
(A) by striking ``section 8'' and inserting ``section
4(b)(1)''; and
(B) by striking ``633(b)'' and inserting ``633(b)(1)''.
(7) Insertion of missing word.--Section 3511(a)(1) is
amended by inserting ``sections'' after ``under both''.
(8) Subsection headings.--
[[Page H2976]]
(A) Sections 3461, 3462, 3481, 3565, 3680, and 3690 are
each amended by revising each subsection heading for a
subsection therein (appearing as a centered heading
immediately before the text of the subsection) so that such
heading appears immediately after the subsection designation
and is set forth in capitals-and-small-capitals typeface,
followed by a period and a one-em dash.
(B) Section 3461(c) is amended by inserting after the
subsection designation the following: ``Duration of
Entitlement.--''.
(C) Section 3462 is amended--
(i) in subsection (d), by inserting after the subsection
designation the following: ``Prisoners of War.--''; and
(ii) in subsection (e), by inserting after the subsection
designation the following: ``Termination of Assistance.--''.
(9) Cross reference correction.--Section 3732(c)(10)(D) is
amended by striking ``clause (B) of paragraphs (5), (6), (7),
and (8) of this subsection'' and inserting ``paragraphs
(5)(B), (6), (7)(B), and (8)(B)''.
(10) Date of enactment reference.--Section 3733(a)(7) is
amended by striking ``the date of the enactment of the
Veterans Benefits Act of 2003'' and inserting ``December 16,
2003''.
(11) Repeal of obsolete provisions.--Section 4102A is
amended--
(A) in subsection (c)(7)--
(i) by striking ``With respect to program years beginning
during or after fiscal year 2004, one percent of'' and
inserting ``Of''; and
(ii) by striking ``for the program year'' and inserting
``for any program year, one percent''; and
(B) in subsection (f)(1), by striking ``By not later than
May 7, 2003, the'' and inserting ``The''.
(12) Repeal of obsolete provisions.--Section 4105(b) is
amended--
(A) by striking ``shall provide,'' and all that follows
through ``Affairs with'' and inserting ``shall, on the 15th
day of each month, provide the Secretary and the Secretary of
Veterans Affairs with updated information regarding''; and
(B) by striking ``and shall'' and all that follows through
``regarding the list''.
(13) Citation correction.--Section 4110B is amended--
(A) by striking ``this Act'' and inserting ``the Workforce
Investment Act of 1998''; and
(B) by inserting ``(29 U.S.C. 2822(b))'' before the period
at the end.
(14) Cross-reference correction.--Section 4331(b)(2)(C) is
amended by striking ``section 2303(a)(2)(C)(ii)'' and
inserting ``section 2302(a)(2)(C)(ii)''.
(15) Capitalization correction.--Section 7253(d)(5) is
amended by striking ``court'' and inserting ``Court''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Colorado (Mr. Salazar) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. MILLER of Florida asked and was given permission to revise and
extend his remarks.)
Mr. MILLER of Florida. Mr. Speaker, I rise in support of S. 1235, as
amended, the Veterans' Housing Opportunity and Benefits Improvement Act
of 2006.
S. 1235, as amended, the Veterans' Housing Opportunity and Benefits
Improvement Act of 2006, reflects a compromise agreement that has been
reached by the Senate and House Committees on Veterans' Affairs on the
following bills:
S. 1235, as amended, which passed the Senate on September 28, 2005;
H.R. 1220, as amended, which passed the House on July 13, 2005; H.R.
2046, as amended, which passed the House on May 23, 2005; and H.R.
3665, as amended, which passed the House on November 10, 2005.
Mr. Speaker, I will insert at this point in the Record for the
benefit of my colleagues a joint explanatory statement describing the
compromise agreement we have reached with the other body.
Explanatory Statement on Amendment to Senate Bill, S. 1235, as Amended
S. 1235, as amended, the Veterans' Housing Opportunity and
Benefits Improvement Act of 2006, reflects a Compromise
Agreement reached by the Senate and House Committees on
Veterans' Affairs (the Committees) on the following bills
reported during the 109th Congress: S. 1235, as amended
(Senate Bill), H.R. 1220, as amended, H.R. 2046, as amended,
and H.R. 3665, as amended (House Bills). S. 1235, as amended,
passed the Senate on September 28, 2005; H.R. 2046, as
amended, passed the House on May 23, 2005; H.R. 3665, as
amended, passed the House on November 10, 2005.
The Committees have prepared the following explanation of
S. 1235, as further amended to reflect a compromise agreement
between the Committees (Compromise Agreement). Differences
between the provisions contained in the Compromise Agreement
and the related provision of the Senate Bill and the House
Bills are noted in this document, except for clerical
corrections, conforming changes made necessary by the
Compromise Agreement, and minor drafting, technical, and
clarifying changes.
title i--housing matters
Adapted Housing Assistance for Disabled Veterans Residing in
Housing Owned by Family Member
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. The grant amounts are limited to $50,000 for
severely disabled veterans with impairments of locomotion or
loss of function of both arms described in section 2101(a) of
title 38, United States Code, and $10,000 to severely
disabled veterans with loss of vision or loss of function of
both hands as described in section 2101(b) of title 38,
United States Code. Currently a veteran may receive a grant
for specially adapted housing only once. However, a veteran
who has qualified for the smaller grant may nonetheless
receive a higher grant if disabilities under that provision
later develop.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 101 (a) through (e) of H.R. 3665, as
amended, would amend chapter 21 of title 38, United States
Code, by inserting a new section 2102A. Subparagraph (a)
would authorize the Secretary of Veterans Affairs to conduct
a program providing a partial adapted housing grant to
severely injured veterans residing temporarily in housing
owned by a family member. Subparagraph (b) would authorize
the Secretary to provide up to a $10,000 grant for such
veterans with disabilities involving impairments of
locomotion and up to a $2,000 grant for such veterans with
visual impairments or loss of function of both hands.
Subparagraph (c) would limit the assistance to one family
residence. Subparagraph (d) would require the Secretary
to issue relevant regulations. Finally, subparagraph (e)
would limit the program to 5 years after enactment.
Section 101(b) of H.R. 3665, as amended, would amend
section 2102 of title 38, United States Code, to allow a
veteran to receive no more than three grants of assistance
under chapter 21 of title 8, United States Code. The total
value of all grants would not exceed $50,000 for the most
severely disabled veterans and $10,000 for less severely
disabled veterans. However, a veteran who receives a grant
under section 2102(b) of title 38, United States Code, would
still be allowed to receive grants under section 2102(a) of
title 38, United States Code, if he or she becomes eligible.
Section 101(c) would amend chapter 21 of title 38, United
States Code, by adding at the end a new section 2107 to
provide that the Secretary shall coordinate the
administration of programs to provide specially adapted
housing that are administered by both the Under Secretary for
Health and the Under Secretary for Benefits under chapters
17, 21, and 31 of title 38, United States Code.
Compromise Agreement.--Section 101 of the Compromise
Agreement generally follows the House language except in the
case of veterans residing temporarily in housing owned by a
family member, veterans with disabilities involving
impairments of locomotion may receive up to $14,000. Section
101 would also increase the funding fee for a subsequent use
of the VA home loan guaranty with no money down by 5 basis
points for the period October 1, 2006 through September 30,
2007.
Adjustable Rate Mortgages
Current Law.--Section 3707A(c)(4) of title 38, United
States Code, limits the maximum increase or decrease of any
single annual interest rate adjustment after the initial
contract interest rate adjustment to 1 percentage point.
Senate Bill.--Section 201 of the Senate Bill would give VA
the flexibility to prescribe an appropriate annual rate
adjustment cap for VA hybrid Adjustable Rate Mortgage loans
with an initial rate of interest fixed for 5 or more years.
House Bills.--The House Bills contain no comparable
provision.
Compromise Agreement.--Section 102 of the Compromise
Agreement follows the Senate language.
Permanent Authority To Make Direct Housing Loans to Native
American Veterans
Current Law.--Section 3761 of title 38, United States Code,
establishes a pilot program to make direct housing loans to
Native American veterans for homes on tribal lands. The
authorization expires on December 31, 2008. Section 3762 of
title 38, United States Code, describes the administration
of the program and limits the maximum loan amount to
$80,000, unless the Secretary allows a larger amount due
to higher housing costs in a particular geographic area.
Senate Bill.--Section 203 of the Senate Bill contains a
similar provision.
House Bills.--Section 102 of H.R. 3665, as amended, would
make permanent the Native American Veteran Housing Loan
Program. It would also limit the Secretary's discretion in
approving a loan large than $80,000 to the loan limitation
amount provided by the Federal Home Loan Mortgage Corporation
Act for a single-family residence.
Compromise Agreement.--Section 103 of the Compromise
Agreement follows the House language.
Extension of Eligibility for Direct Loans for Native American
Veterans to a Veteran Who Is The Spouse of a Native
American
Current Law.--Section 3761 of title 38, United States Code,
limits loans under the
[[Page H2977]]
Native American Home Loan Program to veterans who are Native
Americans. Under current law, a veteran residing on tribal
lands with a Native American spouse is not eligible to
receive a home loan under this program.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 103 of H.R. 3665, as amended, would
extend eligibility for the Native American Veteran Housing
Loan Program to non-Native American veterans who are spouses
of Native American eligible to be housed on tribal land. The
non-Native American veteran must be able to acquire a
meaningful interest in the property under tribal law.
Compromise Agreement.--Section 104 of the Compromise
Agreement follows the House language.
Technical Corrections to Veterans' Benefit Improvement Act of
2004
Current Law.--Section 2101 of title 38, United States Code,
provides for grants to adapt or acquire suitable housing for
certain severely disabled veterans. Section 401 of Public Law
108-183 amended section 2101 to authorize the Secretary of
Veterans Affairs to provide adapted housing assistance to
certain disabled servicemembers who have not yet been
processed for discharge from military service, but who will
qualify for the benefit upon discharge due to the severity
of their disabilities. However, this provision was
inadvertently omitted from section 2101 of title 38,
United States Code when changes to that section were made
by P.L. 108-454.
Senate Bill.--Section 202 of S. 1235 would amend section
2101 of title 38, United States Code, to reinstate the
authority of the Secretary to provide adapted housing
assistance to certain members of the armed services and make
other conforming amendments. The amendments made by this
provision would take effect on December 10, 2004, immediately
after the enactment of Public Law 108-454.
House Bill.--Section 4 of H.R. 2046, as amended, contains a
similar provision.
Compromise Agreement.--Section 105 of the Compromise
Agreement contains this provision.
title ii--employment matters
Additional Duty for the Assistant Secretary of Labor for
Veterans' Employment and Training To Raise Awareness of
Skills of Veterans and of the Benefits of Hiring Veterans
Current Law.--Subsection (b) of section 4102A of title 38,
United States Code, describes the duties to be carried out by
the Assistant Secretary of Labor for Veterans' Employment and
Training.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 202(a) of H.R. 3665, as amended,
would add a new duty for the Assistant Secretary of Labor for
Veterans' Employment and Training (ASVET) under section 4102A
of title 38, United States Code, to furnish information to
employers (through meetings with hiring executive of
corporations and otherwise) concerning the training and
skills of veterans and disabled veterans, and the advantages
of hiring veterans. The ASVET would also be required to
facilitate employment of veterans and disabled veterans
through participation in labor exchanges (Internet-based and
otherwise), and by other means.
Section 202(b) of H.R. 3665, as amended, would require the
Secretary of Labor, acting through the ASVET, to develop a
transition plan for the ASVET to assume certain duties and
functions of the President's National Hire Veterans Committee
and transmit the plan to the House and Senate Veterans'
Affairs Committees not later than July 1, 2006.
Compromise Agreement.--Section 201 of the Compromise
Agreement generally follows the House language, but does not
include the requirement that the Secretary of Labor develop
and transmit a transition plan.
Modifications to the Advisory Committee on Veterans
Employment and Training
Current Law.--Section 4110 of title 38, United States Code,
establishes the Advisory Committee on Veterans employment and
Training, its membership, and its duties. The Advisory
Committee advises the ASVET on the employment and training
needs of veterans and how the Department of Labor is meeting
those needs. No outreach efforts are required of the Advisory
Committee in current law.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 203(a) of H.R. 3665, as amended,
would amend section 4110 of title 38, United States Code, by
renaming the ``Advisory Committee on Veterans Employment and
Training'' to ``Advisory Committee on Veterans Employment,
Training, and Employer Outreach''.
Section 203(b) would modify the duties of the Advisory
Committee to include assisting and advising the Assistant
Secretary of Labor for Veterans' Employment and Training
(ASVET) in carrying out outreach to employers.
Section 203(c) would modify the membership of the Advisory
Committee to include representatives from the National
Society of Human Resource Managers, The Business Roundtable,
the National Association of State Workforce Agencies, the
United States Chamber of Commerce, the National Federation of
Independent Business, a nationally recognized labor union or
organization, veterans service organizations that have a
national employment program, and recognized authorities in
the fields of business, employment, training, rehabilitation,
or labor. Section 203(c) would also retain six nonvoting ex
officio members of the Advisory Committee: Secretary of
Veterans Affairs, Secretary of Defense, Director of the
Office of Personnel Management, Assistant Secretary of Labor
for Veterans' Employment and Training, Assistant Secretary of
Labor for Employment and Training, and the Administrator of
the Small Business Administration.
Setion 203(d) of H.R. 3665, as amended, would require the
Advisory Committee to submit a report to the Secretary of
Labor on the employment and training needs of veterans for
the previous fiscal year. The report would include a
description of the activities of the Advisory Committee
during that fiscal year as well as suggested outreach
activities to be carried out by the Secretary of Labor to
employers with respect to the training and skills of veterans
and the advantage afforded employers by hiring veterans.
Compromise Agreement.--Section 202 of the Compromise
Agreement follows the House language.
Reauthorization of Appropriations for Homeless Veterans
Reintegration Programs
Current Law.--Section 2021 of title 38, United States Code,
authorizes appropriations for the Homeless Veterans
Reintegration Programs (HVRP) through fiscal year 2006.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 301 of H.R. 3665, as amended, would
reauthorize HVRP for fiscal years 2007 through 2009, and
retain the maximum authorization of $50 million per year.
Compromise Agreement.--Section 203 of the Compromise
Agreement follows the House language.
TITLE III--LIFE AND HEALTH INSURANCE MATTERS
Duration of Servicemembers' Group Life Insurance Coverage for
Totally Disabled Veterans Following Separation From
Service
Current Law.--Section 1968 of title 38, United States Code,
provides coverage at no charge under the Servicemembers'
Group Life Insurance program for 1 year after the date of
separation or release from active duty if a veteran is rated
totally disabled at the time of separation. Veterans may also
convert their insurance coverage from Servicemembers' Group
Life Insurance to Veterans' Group Life Insurance, or to an
individual policy of insurance, during the 1-year, post-
separation period.
Senate Bill.--Section 101 of the Senate Bill would extend
from 1 to 2 years, after separation from active duty service,
the period within which totally disabled members may receive
premium-free SGLI coverage. In addition, such members would
be eligible to convert their coverage to Veterans' Group Life
Insurance or an individual policy of insurance.
House Bills.--The House Bills contain no comparable
provision.
Compromise Agreement.--Section 301 of the Compromise
Agreement would extend the post-separation coverage period
from 1 to 2 years until September 30, 2011, for all members
who are totally disabled when separated or released from
active duty 1 year before date of enactment of this Act. For
members who are totally disabled when they separate or are
released on or after October 1, 2011, the post-separation
coverage period would be reduced to 18 months.
Limitation on Premium Increases for Reinstated Health
Insurance of Servicemembers Released From Active Military
Service
Current Law.--Section 704 of the Servicemembers Civil
Relief Act (SCRA) provides that a servicemember who is
ordered to active duty is entitled, upon release from
active duty, to reinstatement of any health insurance
coverage in effect on the day before such service
commenced. Section 704 of the SCRA currently contains no
express provision regarding premium increases.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bill.--Section 2 of H.R. 2046, as amended, would
amend section 704 of SCRA by adding at the end a new
subsection that would limit health insurance premium
increases. The amount charged for the coverage once
reinstated would not exceed the amount charged for coverage
before the termination except for any general increase for
persons similarly covered by the insurance during the period
between termination and the reinstatement.
Compromise Agreement.--Section 302 of the Compromise
Agreement follows the House language.
Preservation of Employer-Sponsored Health Plan Coverage for
Certain Reserve-Component Members Who Acquire TRICARE
Eligibility
Current Law.--Section 4317 of title 38, United States Code,
requires an employer to provide employees returning from
active duty with the same employer-sponsored health benefits
they had when they reported for active duty. However, section
4317 does not preserve employer-sponsored health plan
reinstatement rights for certain Reserve-component members
who acquire health insurance coverage under TRICARE prior to
entering active duty under section 1074(d) of title 10,
United States Code. This option became available by an
amendment to the
[[Page H2978]]
TRICARE authority enacted on November 24, 2003.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 3 of H.R. 2046, as amended, would
amend section 4317 of title 38, United States Code, to
preserve employer-sponsored health plan reinstatement rights
under the Uniformed Services employment and Reemployment
Rights Act for Reserve-component members who acquire TRICARE
coverage prior to entering active duty. This includes those
Reserve Component members whose active duty orders are
canceled prior to reporting to active duty.
Compromise Agreement.--Section 303 of the Compromise
Agreement follows the House language.
TITLE IV--OTHER MATTERS
Inclusion of Additional Diseases and Conditions in Diseases
and Disabilities Presumed To Be Associated with Prisoner
of War Status
Current Law.--Section 1112(b) of title 38, United States
Code, contains two lists of diseases that are presumed to be
related to an individual's experience as a prisoner of war.
The first presumptive list require no minimum internment
period and includes diseases associated with mental trauma or
acute physical trauma, which could plausibly be caused by a
single day of captivity. The second list has a 30-day minimum
internment requirement.
Senate Bill.--Section 303 of the Senate Bill would codify a
June 28, 2005, VA regulation which added atherosclerotic
heart disease or hypertensive vascular disease (including
hypertensive heart disease) and their complications
(including myocardial infarction, congestive heart failure
and arrhythmia), and stroke and its complications as
presumptive conditions for service-connection when related to
the prisoner of war experience. These diseases would be
included under the list requiring minimum 30-day internment
period.
House Bills.--The House Bills contain no comparable
provision.
Compromise Agreement.--Section 401 of the Compromise
Agreement follows the Senate language.
Consolidation and Revision of Outreach Activities
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.--Section 301 of the Senate Bill would require
the VA to prepare annually (and submit to Congress) a plan
governing an upcoming year's outreach activities. Such a plan
would incorporate the recommendations of the report mandated
by Public Law 108-454, and would be prepared after
consultations with veterans service organizations, State and
local officials, and other interested groups and advocates.
House Bills.--The House Bills contain no comparable
provision.
Compromise Agreement.--Section 402 of the Compromise
Agreement follows the Senate language with modifications. VA
outreach activities would be revised and consolidated in a
new chapter 63 of title 38, United States Code. Additionally,
VA would be required to prepare biennially an outreach
plan governing an upcoming 2 years of outreach activities,
beginning on October 1, 2007. Furthermore, VA would be
required to report biennially on the execution of the
outreach plan, beginning on October 1, 2008.
Extension of Reporting Requirements on Equitable Relief Cases
Current Law.--Section 503 of title 38, United States Code,
authorizes the Secretary of Veterans Affairs to provide
monetary relief to persons whom the Secretary determines were
deprived of VA benefits by reason of administrative error by
a federal government employee. The Secretary may also provide
relief which the Secretary determines is equitable to a VA
beneficiary who has suffered loss as a consequence of an
erroneous decision made by a federal government employee. No
later than April 1 of each year, the Secretary was required
to submit to Congress a report containing a statement as to
the disposition of each case recommended to the Secretary for
equitable relief during the preceding calendar year; the
requirement for this report expired on December 31, 2004.
Senate Bill.--Section 302 of the Senate Bill would extend
the equitable relief reporting requirement through December
31, 2009.
House Bills.--The House Bills contain no comparable
provision.
Compromise Agreement.--Section 403 of the Compromise
Agreement follows the Senate language.
TITLE V--TECHNICAL AMENDMENTS
Technical and Clarifying Amendments to New Traumatic Injury
Protection Coverage Under Servicemembers' Group Life
Insurance
Current Law.--Section 1032 of Public Law 109-13 (119 STAT.
257) established, effective December 1, 2005, a new traumatic
injury protection program within title 38, United States
Code. Section 1980A provides servicemembers enrolled in the
Servicemembers' Group Life Insurance (SGLI) program automatic
coverage against qualified traumatic injuries. In the event a
servicemember sustains a qualified traumatic injury, SGLI
will pay the injured servicemember between $25,000 to
$100,000, depending on the nature of the injury and in
accordance with a payment scheduled prescribe by the
Secretary of Veterans Affairs.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 401 of H.R. 3665, as amended, would
make various technical and clerical amendments to section
1980A of title 38, United States Code. These technical
amendments more clearly specify the responsibilities of the
different uniformed services who participate in the
Servicemembers' Groups Life Insurance program: military
services under the jurisdiction of the Secretary of Defense,
the United States Coast Guard under the Secretary of Homeland
Security, the Public Health Service under the jurisdiction of
the Secretary of Health and Human Services, and the National
Oceanic and Atmospheric Administration under the jurisdiction
of the Secretary of Commerce.
The technical amendments in section 401 are intended to
clarify and to conform section 1980A of title 38, United
States Code, to current provisions and are not intended to
make any substantive change in current law.
Compromrise Agreement.--Section 501 of the Compromise
Agreement follows the House language.
Terminlogy Amendments To Revise References to Certain
Veterans in Provisions Relating to Eligibility for
Compensation or Dependency and Indemnity Compensation
Current Law.--Sections 1114(1), 1114(m), 1115(b)(2),
1122(b)(2), 1311 (c)(2), 1315(g)(2), and 1502(b)(2) of title
38, United States Code, contain language that refers to
``helpless veterans'' when relating to eligibility for
compensation or dependency and indemnity compensation.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bill.--Section 104 of H.R. 3665, as amended, would
amend sections 1114(1), 1114(m), 1115(1)(E)(ii), 1122(b)(2),
1311(c)(2), 1315(g)(2), and 1502(b)(2) of title 38, United
States Code, eliminating use of the obsolete term
``helpless'' when describing significantly disabled veterans.
No substantive change is intended by these amendments.
Compromise Agreement.--Section 502 of the Compromise
Agreement follows the House language.
LEGISLATIVE PROVISIONS NOT ADOPTED
Post Traumatic Stress Disorder Claims
Current Law.--Section 501 of title 38, United States Code,
provides the Secretary of Veterans Affairs with the authority
to prescribe all rules and regulations necessary or
appropriate to carry out the laws administered by VA,
including the methods of making medical examinations and the
manner and form of adjudications and awards.
Senate Bill.--Section 304 would require VA to develop and
implement policy and training initiatives to standardize the
assessment of PTSD disability compensation claims.
House Bills.--The House bills contain no comparable
provision.
Increase in Rates of Disability Compensation Paid to Certain
Surviving Spouses With Children
Current Law.--Under current law, a surviving spouse with
one or more children under the age of 18 is entitled to
receive a transitional benefit of an additional $250 per
month for the first two years of eligibility or dependency
and indemnity compensation (DIC).
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 206 of H.R. 1220, as amended, would
provide a cost-of-living adjustment for the $250 transitional
DIC for 2006.
Treatment of Stillborn Children as Insurable Dependents Under
Servicemembers' Group Life Insurance Program
Current Law.--Section 1967 of title 38, United States Code,
provides coverage under the Servicemembers' Group Life
Insurance program to the spouse and children of insured,
full-time, active duty servicemembers, as well as covered
members of the Ready Reserve. Coverage for the spouse may not
exceed $100,000, and the servicemember may elect in writing
not to insure a spouse. Coverage for each child, in the
amount of $10,000, is automatic. Coverage for the dependent
begins immediately following a live birth.
Senate Bill.--Section 102 of the Senate Bill would cover a
member's stillborn child as an insurable dependent under the
Servicemembers' Group Life Insurance program.
House Bills.--The House Bills contain no comparable
provision.
Demonstration Project To Improve Business Practices of
Veterans Health Administration
Current Law.--There is no applicable current law.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 5 of H.R. 1220, as amended, would
establish a demonstration project to improve the Department
of Veterans Affairs' (VA) collections from third-party
payers.
Parkinson's Disease Research, Education, and Clinical Centers
Current Law.--There is no applicable current law.
Senate Bill.--The Senate Bill contains no comparable
provision.
[[Page H2979]]
House Bills.--Section 6 of H.R. 1220, as amended, would
permanently authorize six Parkinson's disease Research
Education and Clinical Centers (PADRECCs), subject to
appropriations, and give priority to the existing PADRECCs
for medical care and research dollars, insofar as such funds
are awarded to projects for research in Parkinson's disease
and other movement disorders.
Extension of Operation of the President's National Hire
Veterans Committee
Current Law.--Section 6 of the Jobs for Veterans Act,
Public Law 107-288, established the President's National Hire
Veterans Committee (PNHVC) within the Department of Labor.
The PNHVC furnishes information to employers with respect to
the training and skills of veterans and disabled veterans and
the advantages of hiring veterans. The Secretary of Labor
provides staff and administrative support to the PNHVC to
assist it in carrying out its duties under this section. The
PNHVC also has the authority to contract with government and
private agencies to furnish information to employers. Under
current law, the PNHVC terminated on December 31, 2005. The
PNHVC was authorized $3 million appropriated from the
Unemployment Trust Fund through fiscal year 2005.
Senate Bill.--The Senate Bill contains no comparable
provision.
House Bills.--Section 201 of H.R. 3665, as amended, would
amend section 6 of the Jobs for Veterans Act by extending,
for up to 1 year, the President's National Hire Veterans
Committee until not later than December 31, 2006. Section 201
would also extend the authorization for appropriations
through fiscal year 2006 and require an additional PNHVC
report to the House and Senate Veterans' Affairs Committees
in 2006.
Mr. MILLER of Florida. The provisions in this bill will directly or
indirectly impact the lives of servicemembers, veterans, and their
survivors. Several of them fall within the jurisdiction of the
Subcommittee on Disability Assistance and Memorial Affairs, which I
chair.
The other provisions fall within the jurisdiction of the Subcommittee
on Economic Opportunity, which is chaired by Mr. Boozman. Mr. Boozman
is currently conducting a roundtable on employment in Michigan, so I
will describe his subcommittee's provisions as well.
In title I of the bill, we provide additional flexibility to the
Adapted Housing Grant program and the Native American Home Loan
program. These provisions were originally in H.R. 3665, introduced by
Mr. Boozman, and H.R. 1773, introduced by Ms. Herseth.
Mr. Speaker, some of those wounded in Iraq and Afghanistan return
home with significant disabilities. Many severely disabled
servicemembers spend much of their convalescence at a family home
before moving on to a home of their own. Under current rules, VA cannot
help adapt family homes to the veteran's disability unless the veteran
has an ownership interest in that property.
Section 101 would eliminate the ownership requirement and would also
provide a partial Adaptive Housing Assistance grant, ranging from
$2,000 to $13,000 depending on the level of disability to veterans
temporarily in housing owned by a family member.
It would also authorize up to three separate specially adaptive
housing grants within the current maximum amounts.
Section 102 of this bill would give the Secretary of Veterans Affairs
the authority to prescribe an appropriate annual rate adjustment cap
for the VA Hybrid Adjustable Rate Mortgage Loan program. This provision
brings VA ARMs in line with the mortgage industry and improves their
value on the secondary market.
Mr. Speaker, this bill would also make permanent the Pilot Program
for Housing Loans to Native American Veterans; extend the eligibility
for Native American loans to certain non-Native American veterans who
have a meaningful interest in the property under tribal law and are the
spouses of a Native American; and, finally, adjust the maximum loan to
conform to the Freddie Mac limits, similar to other VA loans currently
at $359,650.
Title II of the bill would transition some of the President's
National Hire Veterans Committee's duties to the Assistant Secretary of
Labor for Veterans' Employment and Training, and modifies the title of
the Assistant Secretary's advisory committee to the Advisory Committee
on Veterans Employment, Training, and Employer Outreach, its membership
and its duties to improve employer outreach activities.
Taxpayers made a significant investment in the work of the
President's National Hire Veterans Committee, and we feel strongly that
some of the duties and products of the committee should be adopted by
the Veterans Employment and Training Service at the Department of
Labor.
Section 203 would reauthorize the Homeless Veterans Reintegration
Programs for fiscal years 2007 through 2009, and retain the maximum
authorization of $50 million per year. Mr. Speaker, we recognize that
homelessness among veterans continues to be a problem. While there are
varying estimates about the total number of homeless veterans and the
causes for homelessness, there is no disagreement that a job is one of
the keys to breaking the cycle of homelessness and that the Homeless
Veterans Reintegration Programs remain a valuable tool to assist
homeless veterans in finding gainful employment.
I do want to emphasize that this is an employment program managed by
the Veterans Employment and Training Service at the Department of
Labor, and it is not a housing program.
Title III of the bill would amend the Servicemembers Civil Relief Act
and the Uniformed Services Employment and Reemployment Rights Act to
provide additional protections to servicemembers. Section 302 and 303
originated in H.R. 2046, introduced by Chairman Buyer.
Under current law, when a member is rated totally disabled at the
time of separation, Servicemembers' Group Life Insurance coverage is
provided for 1 year free of charge. Section 301 of the bill would
extend this coverage to 2 years through September 30, 2011, and 18
months as of October 1, 2011.
Members then may convert to Veterans' Group Life Insurance or a
commercial policy. Section 302 would prohibit any increase in premiums
for health insurance after reinstatement except for any general
increase in the premiums being charged by the carrier for persons
similarly covered.
Currently, a servicemember who is ordered to active duty and
terminated their health insurance, employer-sponsored insurance
coverage upon release from active duty is entitled to reinstatement of
their previous health insurance coverage.
Section 303 closes a current gap in health insurance coverage for
those Reservists who elect TRICARE coverage in advance of activation
and allows them to retain reinstatement rights under their employer-
sponsored health plan, even if they do not eventually report to active
duty.
Since members of the Reserve component play such an important role in
today's military, these important changes to the law will protect the
members and their families from loss of coverage and unwarranted cost
increases.
Section 401 of the bill would codify a June 2005 Department of
Veterans Affairs regulation to add heart disease and ensuing
complications and stroke to the list of diseases presumed service-
connected for former prisoners of war that were interned for at least
30 days.
Section 402 would revise and consolidate VA outreach activities into
a new chapter of title 38, United States Code, to ensure that
servicemembers, veterans, and their survivors are aware of the benefits
and services to which they may be entitled.
This section would further require VA to prepare a biennial outreach
plan, as well as report to Congress every 2 years on the execution of
that plan. I held a committee hearing on March 16 of this year, and I
was disappointed to learn that VA was no longer filing an annual
outreach report as mandated by law.
It is our interpretation that by creating this chapter, VA will put
more of an emphasis on its outreach activities.
Mr. Speaker, I reserve the balance of my time.
Mr. SALAZAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of Senate bill 1235, as
amended, the Veterans' Housing Opportunity and Benefits Improvement Act
of 2006. This bipartisan and bicameral benefit package incorporates a
number of important measures aimed at improving the quality of life for
our servicemembers, veterans, and military families.
I would like to thank Chairman Buyer and Ranking Member Lane Evans
for their leadership on the full committee and for their assistance in
moving this bill to the floor today.
[[Page H2980]]
I also want to express my appreciation to the chairman and ranking
member of the Economic Opportunity Subcommittee, John Boozman and
Stephanie Herseth, respectively, for their hard work and bipartisan
leadership in this legislative package.
{time} 1445
Additionally, I would like to thank the chairman and ranking member
of the Disability Assistance and Memorial Affairs Subcommittee, Jeff
Miller and Shelley Berkley, for their diligence and hard work on this
bill.
Our Nation's servicemembers and veterans have earned and their
families deserve all of the benefits and opportunities provided under
Senate bill 1235. In fact, they deserve much more. I am pleased,
however, that this legislative package takes a strong step in the right
direction, and I am sure the veterans and military families in my home
State of Colorado will appreciate their efforts.
Mr. Speaker, Senate bill 1235, as amended, will enable severely
disabled veterans to make necessary adaptations to homes in which they
are temporarily residing, and it will give totally disabled veteran
servicemembers who are leaving military service an additional year of
Servicemembers' Group Life Insurance coverage and limit unjustified
health premium increases on activated National Guard members and
Reservists. It will extend the Homeless Veterans Reintegration Program
which provides employment opportunities for homeless veterans and
improve the Department of Labor's Veterans Employment and Training
Service.
In addition, the bill includes language from H.R. 1773, the Native
American Veterans Home Loan Act, a measure introduced by Representative
Stephanie Herseth of South Dakota. This bill will make permanent the
Native American Housing Loan Program so that veterans residing on
tribal land can obtain an appropriate home loan.
It will also provide housing opportunities for veterans who are
residing on tribal land with Native American spouses.
By all accounts, the pilot program has been a great success and, in
fact, has a negative subsidy; that is, it actually pays for itself.
That is something that is rarely done here at the Federal level. Making
this program permanent is the right thing to do for Native American
veterans and their families.
Mr. Speaker, we also know that veterans who are former prisoners of
war have been found to have disproportionate rates of heart disease and
stroke. This bill will assure that they will be compensated for these
conditions by codifying a current regulation.
Finally, this bill will improve the Department of Veterans Affairs'
outreach to veterans and their families in an organized fashion.
Mr. Speaker, the servicemembers, veterans and military families of
this Nation have earned and deserve our best efforts here in Congress.
As we approach Memorial Day today, I am very proud to support this long
overdue legislation, and I am confident that it will benefit the
veterans of my home State of Colorado as well as other veterans around
this country.
I fully support Senate bill 1235, as amended, and urge my colleagues
to do the same. But before I reserve the balance of my time, I would
like to bring attention to a matter of deep concern. We learned today
of the theft of 26.5 million veterans' records from the home of a
career VA employee. I am very concerned about this theft because the
records include the name, Social Security number and date of birth of
every veteran in this country.
I would like to encourage veterans to visit www.firstgov.gov or call
1-800-FED-INFO, 333-4636.
Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I have no further requests for
time, and I reserve the balance of my time.
Mr. SALAZAR. Mr. Speaker, I yield 5 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me time,
and I thank Mr. Miller of Florida.
I rise in strong support of this Veterans' Housing Opportunity and
Benefits Improvement Act that is before us. This is bipartisan
legislation and includes several provisions introduced by both
Democrats and Republicans. It demonstrates what can be accomplished
when we work together to deliver the best to our Nation's veterans, and
again, I thank Chairman Miller and all the Members on his side for
bringing to us this bipartisan legislation.
One of the most important parts of the bill is the reauthorization of
appropriations for the Labor Department's Homeless Veterans
Reintegration Program (HVRP), through fiscal year 2009 with a maximum
level of $50 million per year. This program has proven to be very
successful in providing job training and other services that help our
Nation's veterans get back into productive lives.
Mr. Speaker, together with the ranking member, Mr. Evans, I convened
a homeless veterans forum just last Thursday, May 18. We heard some
very tough statistics, hard-to-hear statistics about our Nation's
veterans. Each night as many as 200,000 veterans are sleeping in a
doorway, under a bridge, in an alley, in a box, in a barn or a car or
homeless shelter. In fact, one out of every three homeless males is a
veteran, most of those from Vietnam. A hard-to-believe fact is that the
number of homeless Vietnam-era veterans is greater, Mr. Speaker, than
the number of servicemembers who died during that war. This is almost
unbelievable, and Congress must renew efforts to fight this plague.
Women veterans, unfortunately, are also joining the ranks of the
homeless. According to the National Coalition for Homeless Veterans, a
survey of their members revealed that the percentage of women among
homeless vets rose from 2 percent in 1966 to 7 percent at the end of
2005. Women who have served in the military are up to four times more
likely to become homeless when compared with their peers in the general
population. These statistics demonstrate the importance of passing S.
1235.
At the forum last week, we heard from a woman veteran, formerly
homeless. Her story is one of a courageous person who fought for years
to overcome the problems that kept her homeless. At the Mary E. Walker
House on the grounds of the VA Coatesville Medical Center in
Pennsylvania, she finally was able to get the assistance she needed to
reestablish her life, regain her children and begin again. While
testifying, tears came to her eyes. She said they were tears of joy at
what the VA program had helped her accomplish.
We heard also about the success of the Stand Downs, which began in my
home town of San Diego in 1988 and provide a one-stop 3-day event to
provide all the services needed by homeless vets; that is, counseling,
clothing, food, medical and dental, assistance with job applications.
We know how to help our vets. We have to bring together all these
services in one place. And rather than have 3-day Stand Downs around
the country, we ought to have these services available to our veterans
everyday. In addition, the Homeless Court Program, which began a few
years ago, brings the court to homeless shelters to assist homeless
defendants in resolving outstanding cases that prevent them from
getting jobs and moving forward.
I would also like to call attention to another important successful
program not in this bill before us today, the VA Homeless Grant and Per
Diem program which directs funding to providers of housing and
traditional services for homeless vets. I believe this program should
be given an authorized annual spending level of $130 million for the
next 5 years. This would mean that the funding level would increase
each year to reach by increments the $130 million level.
Our colleagues on the Appropriations Committee have authorized this
program through September of 2007. I suggest our committee take steps
to continue the authorization of this program through 2012.
Mr. Speaker, we have heard of other important components of this
bill, improvements in employment, life and health insurance, adapted
housing, and housing loans to Native American veterans. I would like to
thank Chairman Buyer, Ranking Member Evans, and the chairman and
ranking members of the subcommittees and their staff who diligently
worked to make this bill a reality. I urge the passage of this bill.
Mr. MILLER of Florida. Mr. Speaker, I reserve the balance of my time.
[[Page H2981]]
Mr. SALAZAR. Mr. Speaker, I yield 3 minutes to the gentleman from
American Samoa, Eni Faleomavaega.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in support of Senate bill
1235, the Veterans Housing Opportunity and Benefits Improvement Act of
2006, and I thank my colleagues for including my provision which makes
it possible for Samoan or Hawaiian or Native American veterans to
qualify for VA home loans.
In 1992, as a result of the leadership of the chairman and ranking
members of the Veterans' Affairs Committee of both Houses, we were able
to establish a pilot program in 1992 which became Public Law 102-547,
making it possible for Native Americans, Native Hawaiians and American
Samoans to qualify for VA home loans.
One of the problems that was encountered by the thousands of Native
Americans, Native Hawaiians and American Samoans was the fact that they
were not able to get any commercial loans because they lived in
reservations for Native Americans; they lived in reservations for
Native Hawaiians. They lived in homestead lands. For my people, they
lived in communally owned lands. What this legislation does is it
simply allows these people to participate in this important program. I
especially want to thank Chairman Steve Buyer and Ranking Member Lane
Evans of the Committee on Veterans' Affairs and also Chairman John
Boozman and Ranking Member Stephanie Herseth of the Subcommittee on
Economic Opportunity, and Mary Ellen McCarthy, Democratic Staff
Director for Disability Assistance and Memorial Affairs, for their
support and tireless efforts in making this possible.
I also want to thank the VA for assisting the Veterans' Affairs
Committee and my office in drafting the appropriate language to make
this a go.
Mr. Speaker, as we approach Memorial Day to remember and honor our
military men and women who have died in serving our Nation during a
time of war, I believe Senate bill 1235 is a fitting tribute to the
veterans who are still with us. And I am especially pleased that this
legislation provides my district's veterans with the housing
opportunities and other benefits that they deserve. For this reason, I
again thank my colleagues and I sincerely ask my colleagues to approve
this legislation.
Mr. MILLER of Florida. Mr. Speaker, I reserve the balance of my time.
Mr. SALAZAR. Mr. Speaker, I would like today to let folks know that
this is a great step in the right direction in making sure that we keep
our promise to our veterans.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I want to thank Chairman Buyer,
Ranking Member Evans, Chairman Boozman, Ranking Member Berkley and
Ranking Member Herseth for their leadership on crafting this bill. I
also want to recognize Chairman Craig and Ranking Member Akaka of the
Senate Veterans' Affairs Committee and the staff on both sides of the
aisle for their hard work.
Mr. Speaker, I urge my colleagues to support Senate bill 1235, as
amended.
Mr. BUYER. Mr. Speaker, I offer this statement in support of S. 1235,
as amended, the Veterans' Housing Opportunity and Benefits Improvement
Act of 2006.
Working together with the Senate Committee on Veterans' Affairs, we
have reached a compromise that will provide significant improvements in
veterans' benefits, for those who have served this country and for
those who will follow in their footsteps.
Under title one, this bill will increase the flexibility enjoyed by
the Adapted Housing Grant Program and the Native American Home Loan
Program. I commend Mr. Boozman and Ms. Herseth for their leadership in
originally introducing these provisions, in H.R. 3665 and H.R. 1773,
respectively.
As they return home to convalesce from medical care, many injured or
wounded servicemembers spend time in a family member's home before
returning to their own home. This legislation authorizes the Department
of Veterans Affairs to equip a family member's home with necessary
adaptive equipment. Further, it provides a partial adaptive housing
allowance grant of between $2,000 and $14,000 to accomplish that
adaptation.
This bill also helps Native American veterans and their families by
making it easier for them to own their own home. We do that by making
permanent a housing loan pilot program for Native American veterans and
extend eligibility for Native American loans to non-native American
veterans who are spouses of a Native American and who have a meaningful
interest in the property under tribal law. We also increase the maximum
loan amount available on tribal lands from $80,000 to the maximum limit
used for Freddie Mac loans, now over $417,00.
Finally, under title one, we authorize the Secretary of Veterans
Affairs to prescribe annual rate adjustment caps for VA's hybrid
adjustable rate mortgage loans, thus bringing these ARMs into line with
the mortgage industry and enhancing their value on the secondary
market.
Mr. Speaker, title two of the bill would migrate some of the
sunsetted President's National Hire Veterans Committee duties to the
Veterans' Employment and Training Service of the Assistant Secretary of
Labor. Further, to improve employer outreach, the bill modifies
membership and duties to the Department of Labor's newly named Advisory
Committee on Veterans Employment, Training and Outreach.
Title two also reauthorizes the Homeless Veterans Reintegration
Program for fiscal years 2007 through 2009, retaining the maximum
authorization of $50 million per year. Winning the fight against
homelessness means finding homeless veterans good jobs, and that is
what this program, managed by the Department of Labor, is intended to
do. It is therefore a critical component of our program to end chronic
homelessness among veterans.
Members of the Reserve and National Guard today play roles of
unprecedented importance in our national security and must be accorded
commensurate protections.
In provisions originally introduced by H.R. 2046, which I sponsored,
title three of the bill increases job security among veterans by
improving the Servicemembers' Civil Relief Act, SCRA, and the Uniformed
Services Employment and Reemployment Rights Act, USERRA. Servicemembers
who are activated and drop their commercial health insurance are now
entitled to reinstatement of that policy upon their return from active
duty. This bill prohibits premium increases after reinstatement other
than such increases charged by that insurer for other policy holders
similarly covered.
Some reservists choose to enroll in TRICARE before they are
activated, for example in anticipation of activation; and S. 1235 as
amended preserves their reinstatement rights under the provision
detailed in the preceding paragraph, even if they ultimately do not
serve on active duty.
Section 301 of the bill would, until September 30, 2011, double to 2
years the provision of Servicemembers' Group Life Insurance coverage
free of charge when a member is rated totally disabled at separation.
From October 2001 forward, the limit will be 18 months of free SGLI
coverage.
Former prisoners of war experience great hardships that often
manifest themselves in ailments years after interment. Section 401 of
the bill would codify the VA's June 2005 regulation that added heart
disease and ensuing complications, as well as stroke, to those diseases
presumptively service-connected for former prisoners of war who were
captive for at least 30 days.
Outreach to veterans is a perennial criticism leveled at VA by the
Congress. Veterans cannot access benefits they don't know about. This
bill will increase accountability by causing outreach activities to be
collected into a discrete chapter of title 38, facilitating management
and oversight of outreach and require VA to prepare a biennial outreach
plan and report to Congress on its performance of that plan every two
years.
Mr. Speaker, I commend and thank Ranking Member Lane Evans, Chairman
Boozman, Chairman Miller, Ranking Member Berkley, and Ranking Member
Herseth for their work bringing in this legislation to the Congress an
ultimately to the cause of service to our veterans. I also recognize my
counterpart, Senator Larry Craig, chairman of the Senate Committee on
Veterans' Affairs, and Ranking Member Akaka, for their leadership on
this important legislation.
Mr. CASE. Mr. Speaker, I rise in full support of S. 1235, the
Veterans' Benefits Act, which addresses a multitude of important issues
facing our nation's veterans: life and health insurance, housing for
our disabled and Native American veterans, adjustable rate mortgages,
POW diseases, Tricare, homeless veterans, and veterans outreach.
Section 104 of S. 1235 provides permanent authority for the Native
American Direct Home Loan Program and extends eligibility for such
loans to non-Native American spouses of Native Americans living on
Native American trust lands. H.R. 3665, which I cosponsored and which
passed the House last November, also contained this important
provision.
[[Page H2982]]
The Native American Direct Home Loan Program has been a highly
successful veterans effort, particularly in my Hawaii where it applies
to veterans living on lands held in trust under this Congress' Hawaiian
Homes Commission Act of 1920.
The majority of these Hawaiian home lands are in my 2nd Congressional
District, on the islands of Oahu, Kauai, Molokai, Maui, Hawaii, and
Lanai.
Since the inception of this program, which was spearheaded by Hawaii
Senator Spark Matsunaga, and continued by Senator Daniel Akaka, Native
Hawaiian veterans have successfully utilized this direct home loan
program for their acute housing needs, and, I am proud to say, with
nominal delinquency. Over $20 million has been approved for over 200
loans in Hawaii, with 106 loans, totaling $7.5 million, pending.
This is an incredible help not only with the needs of many veterans
who would likely otherwise be precluded from quality housing, but with
Hawaii's overall housing crisis.
Due to its success over the last 13 years, the Native American Direct
Home Loan Program, which initially started out as a pilot program, was
twice extended by Congress, but is currently set to expire on December
31, 2005.
It is vital to understand why this program is so important to our
Native American veterans and why we should make the program permanent,
as S. 1235 purposes.
Of course, the most basic reason is the success of the overall
program in honoring our commitment to our nation's veterans.
Beyond that, Congress found some years ago that, during the entire
history to that date of the program, not a single Native American
veteran living on Indian trust lands or Hawaiian home lands had
received a VA home loan under the VA's traditional home loan program.
The reason for that was that the unique trust status of native lands
did not lend itself to conventional lending practices because banks and
other financial institutions did not recognize those lands as valid
collateral.
As part of our obligation to all of our Nation's veterans is to
ensure that they are all able to tap fully into VA programs, the Native
American Direct Home Loan Program addressed this unique and discrete
challenge facing many Native American veterans and afforded them the
same opportunity of homeownership availed their comrades-in-arms.
This bill recognizes and improves upon the clear success of this
effort, and I ask my colleagues to vote in favor of S. 1235.
Mahalo.
Mr. CANTOR. Mr. Speaker, I rise today in support of the Veterans
Benefits Improvement Act.
For more then 10 years, Congress has taken unprecedented steps to
support our veterans and the families. The American veteran is the
model of integrity. They have given this Nation so much and ask for so
little in return. They symbolize all that is great about America.
Since 1995, Congress has increased the Department of Veterans
Affairs' healthcare budget by 80 percent, drastically increased
coverage and benefits, and taken great steps to better the lives of
families left behind. This legislation continues to help our veterans,
and it is my privilege to cast a vote in favor of our veterans.
Today, Congress takes another step in our on-going effort to better
the lives and well being our Nation's veterans and their families. This
legislation will increase the availabilty and amount of coverage for
life insurance, assist in stabilizing low mortgage rates, require
educational outreach by the VA to better inform our veterans of
services available to them.
As our brave service men and women continue to serve in harm's way,
it is important that we always honor their sacrifices and support their
families. They return home as veterans and join the ranks of many who
have selflessly served our Nation. These brave men and women have given
so much so that the American people and our values would remain safe.
As they faithfully upheld their duty to defend our flag and all that
it stands for--now we have a duty to stand strong for them.
I urge passage of this legislation.
Mr. MILLER of Florida. 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 Florida (Mr. Miller) that the House suspend the rules
and pass the Senate bill, S. 1235, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. MILLER of Florida. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
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