[Congressional Record Volume 152, Number 67 (Thursday, May 25, 2006)]
[Senate]
[Pages S5285-S5295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' BENEFITS IMPROVEMENT ACT OF 2005
Mr. FRIST. Mr. President, I ask the Chair now lay before the Senate a
House message to accompany S. 1235.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
S. 1235
Resolved, That the bill from the Senate (S. 1235) entitled
``An Act 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'', do pass
with the following
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
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.
[[Page S5286]]
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:
``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) shall be
[[Page S5287]]
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--
(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
[[Page S5288]]
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.''.
SEC. 402. CONSOLIDATION AND REVISION OF OUTREACH AUTHORITIES.
(a) In General.--Part IV of title 38, United States Code,
is amended by adding at the end the following new chapter:
``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.
``(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
[[Page S5289]]
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 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--
[[Page S5290]]
(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.--
(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.
[[Page S5291]]
(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''.
Amend the title so as to read ``An Act to amend title 38,
United States Code, to improve and extend housing, insurance,
outreach, and benefits programs provided under the laws
administered by the Secretary of Veterans Affairs, to improve
and extend employment programs for veterans under laws
administered by the Secretary of Labor, and for other
purposes.''.
Mr. CRAIG. Mr. President, I have sought recognition to comment on S.
1235, the Veterans' Housing Opportunity and Benefits Act of 2006. This
legislation is the product of a compromise agreement reached between
the Senate and House Committees on Veterans' Affairs. The legislation
cleared the House on Monday by a unanimous vote of 372 to 0. Its
passage today in the Senate will continue the tradition of cooperation
between the two Houses of Congress and among all political parties when
it comes to legislation to improve the benefits and services available
for our nation's veterans.
Before I thank my colleagues on both sides of the aisle who worked
diligently on the provisions of this bill, I would like to take a few
moments to comment on provisions that I was particularly interested in
seeing enacted in that they will impact the lives of servicemembers
returning from the global war on terrorism who have severe
disabilities.
It is quite natural, and in many cases necessary for therapeutic or
rehabilitative reasons, for a young servicemember who is severely
wounded to spend some time convalescing at the home of his or her
family before moving on to live a fully independent life. The nature of
some severely wounded servicemembers' wounds require adaptations to the
homes in which they live--such as larger doorways, ramps, hand rails,
and other modifications. VA has a grant program to assist
servicemembers and veterans with expenses associated with these
modifications, but the program needs greater flexibility to address the
reality of how young wounded warriors convalesce. Section 101 of the
legislation provides that flexibility. It authorizes VA to equip a
family member's home using a partial grant--with some portion, or all,
of the remainder of the grant available for later use--of between
$2,000 and $14,000. I was proud to join Senator John Sununu on an
amendment that cleared the Senate earlier this year that contained this
provision. I am even prouder that we were able to include it in the
final bill.
Section 301 of S. 1235 is another provision that makes a reasonable
accommodation in a benefit program to meet the realities faced by
convalescing, severely disabled servicemembers. Servicemembers
adjudicated as totally disabled at the time of their separation from
service have up to one year after separation to apply to receive
premium-free Servicemembers' Group Life Insurance coverage during the
1-year, post separation period, and to convert their coverage to
Veterans' Group Life Insurance, or an individual plan or policy. Taking
advantage of the conversion option is especially critical for totally
disabled veterans who, because of their disabilities, may not be
insurable at competitive commercial rates after military service.
Through a targeted outreach effort to this population, VA learned that
many totally disabled veterans do not convert their coverage to VGLI
because they may have neglected post-separation financial planning due
to the effects of their disabilities, or because they were simply
unaware of the extension option. To give these convalescing
servicemembers as much time as possible to make informed decisions
about their future financial security, section 301 would extend from 1
to 2 years the available conversion period.
There are many other enhancements contained in this legislation. They
cover housing, insurance, employment and other miscellaneous benefit
programs. And, not a small point in this time of fiscal austerity, the
legislation is budget neutral.
I would like to take a moment to thank those who are responsible for
bringing this compromise agreement to the brink of enactment. First,
the committee's ranking member, Senator Daniel Akaka, provided his
customary--and indispensable--cooperation and leadership. He and his
staff worked very closely with me and my staff to shepherd the original
legislation through the Senate, and then to work together with my House
colleagues on this compromise. Veterans in Hawaii should be proud to
have Senator Akaka at the helm. And I am proud to have him as the
committee's ranking member.
I salute Chairman Steve Buyer and Ranking Member Lane Evans of the
House Veterans' Committee; Subcommittee on Disability Assistance and
Memorial Affairs Chairman Jeff Miller and Ranking Member Shelley
Berkley; and Subcommittee on Economic Opportunity Chairman John Boozman
and Ranking Member Stephanie Herseth for their work and for their
spirit of accommodation. They and their staffs are to be commended for
a job well done.
Yesterday, the Congress sent bipartisan legislation, the Respect for
America's Fallen Heroes Act, to the President for his signature. Today,
I am also asking my colleagues in the Senate to send the Veterans'
Housing Opportunity and Benefits Act of 2006, to the President. I am
thankful that our celebration of Memorial Day on Monday coincides with
the Congress sending so strong a message of support to those who have
worn the uniform.
Mr. President, I ask unanimous consent that the text of the attached
joint explanatory statement be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
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 provisions 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 38, United States Code.
[[Page S5292]]
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
larger 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 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 Americans 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 bills
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 executives 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.
Section 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 advantages afforded employers by hiring veterans.
Compromise agreement
Section 202 of the Compromise Agreement follows the House
language.
[[Page S5293]]
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 bills
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 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 requires 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 a 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 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 schedule prescribed by the
Secretary of Veterans Affairs.
[[Page S5294]]
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'
Group 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.
Compromise agreement
Section 501 of the Compromise Agreement follows the House
language.
Terminology amendments to revise references to certain
veterans in provisions relating to eligibility for
compensation or dependency and indemnity compensation
Current law
Sections 1114(l), 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 bills
Section 104 of H.R. 3665, as amended, would amend sections
1114(l), 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 for 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 Service-members' 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.
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. SUNUNU. Mr. President, today I rise in strong support of S. 1235,
the Veterans' Housing Opportunity and Benefits Improvement Act of 2006.
This legislation passed the House unanimously on Monday, and I urge my
Senate colleagues to do the same.
S. 1235 contains many important provisions, but I would like to focus
my remarks on section 101 of the bill, which deals with adaptive
housing grants. Section 101 upgrades eligibility criteria for housing
assistance grants to better reflect the needs of today's veteran
community and will help all disabled veterans move home from medical
facilities sooner. The language in section 101 is almost identical to
my bipartisan legislation, S. 1947, The Specially Adapted Housing
Improvements Grants Act and a bi-partisan amendment I introduced to S.
1932, the Deficit Reduction Act, which passed the Senate unanimously by
voice vote.
First, I want to acknowledge my House colleague, Representative John
Boozman of Arkansas, who serves as Chairman of the Veterans' Affairs
Subcommittee on Economic Opportunity and has demonstrated real
leadership on this issue. I am grateful to him for his considerable
efforts to advance this measure in the House and I am happy to do so
here in this Chamber. I also appreciate the hard work of the Chairman
of the Veterans' Affairs Committee here in the Senate, Senator Craig,
and the bipartisan group of Senators who cosponsored both my bill and
amendment. The broad support of S. 1235 and its provisions represent a
bipartisan belief on Capitol Hill that Congress must constantly
evaluate veterans programs to make certain that our Nation provides
responsive support to veterans.
While representing New Hampshire in the House and Senate, I have
worked to ensure that those who served in our armed services receive
their hard-earned benefits quickly and in full. Too often, out-of-date
and burdensome regulations deny qualified veterans from receiving the
benefits to which they are entitled. Whenever possible, it is
imperative that we remove red tape that does not take into account the
realities faced by today's veterans.
That is why I introduced legislation to reform rules that determine
requirements for a Department of Veterans Affairs, VA, grant program
that helps many disabled veterans make their
[[Page S5295]]
homes suitable for occupancy. Currently, a disabled veteran must at
least partly own his or her residence to receive VA housing assistance
grants to perform necessary residence modifications, such as installing
wheelchair ramps or railings. However, many younger veterans returning
from Iraq and Afghanistan have not yet had the opportunity to become
homeowners. Being ineligible for VA funding assistance to modify their
homes, these veterans and their families often are compelled to either
shoulder the costs of retrofitting their residences or face extended
stays in VA medical facilities.
Section 101 of S. 1235 will establish a 5-year pilot program to allow
severely disabled veterans who live temporarily with family to receive
up to $10,000 in adaptive housing assistance; less severely disabled
veterans could receive a maximum of $2,000. This grant money will help
ensure that all disabled veterans--regardless of whether they own
property--are able to leave hospitals and return home as quickly as
possible.
Also, mindful that these individuals will likely purchase their own
residence, the bill will allow disabled veterans to receive two
additional specially adaptive housing grants to be used for homes that
they own in the future. Severely disabled veterans could receive a
total of $50,000 to modify residences; less severely disabled veterans
would be eligible for a total of $10,000. Only one of the three total
grants could be used for a temporary residence, such as a family-owned
home.
America's veterans have made enormous sacrifices to protect our
Nation and the ideals for which it stands. Our country owes a special
obligation to those men and women who have become disabled as a result
of their service. Under no circumstances should these American heroes
be divided into groups of ``haves'' and ``have nots.''
This Nation must do no less than to ensure that all disabled veterans
are returned to the normalcy of home life as quickly and comfortably as
possible. The common sense changes put forth in section 101 of S. 1235
do just that, and I urge my colleagues in the Senate to send this bill
to President Bush to sign in to law in time, fittingly, for Memorial
Day.
Mr. AKAKA. Mr. President, as ranking member of the Committee on
Veterans' Affairs, I urge my colleagues to support our current
servicemembers, veterans, and their families by supporting the pending
measure, the final agreement on the Veterans' Housing Opportunity and
Benefits Improvement Act of 2006. This is a vital and timely piece of
legislation that has already passed the House of Representatives. With
Senate passage today and the President's signature it will quickly
become public law.
Mr. President, this measure, which I shall refer to as the
``Compromise Agreement,'' will improve and expand a wide variety of
veterans benefits and programs, including, among others, housing
benefits for Native American veterans and severely disabled
servicemembers; insurance benefits for certain disabled veterans;
compensation benefits for former prisoners of war; and programs that
provide assistance to homeless veterans.
This legislation is appropriate at a time when our servicemembers are
in harm's way. We must always remember the sacrifices that our
servicemembers, both past and present, have made on behalf of this
great Nation and we must do our part to respond to their service by
improving and expanding veterans benefits.
In 1992, I authored the legislation that established a pilot program
to make direct housing loans to Native American veterans for homes on
tribal lands. As of the end of April, VA had made 504 loans to this
group of veterans. Under this program, VA offers loan guarantees that
protect lenders against loss up to the amount of the guaranty if the
borrower fails to repay the loan. Prior to the enactment of this law,
Native American veterans residing on tribal lands were unable to
qualify for VA home loan benefits. With the Native American Veteran
Housing Loan Program indigenous peoples residing on trust lands are now
able to use this very important VA benefit. I am pleased that the
Compromise Agreement contains a provision derived from legislation I
offered, S. 917, that would make this pilot program, which was set to
expire on December 31, 2008, permanent.
The Compromise Agreement also extends, from 1 to 2 years, the amount
of time a disabled servicemember has to convert his or her
Servicemembers' Group Life Insurance coverage into Veterans' Group Life
Insurance coverage. This change is being made so that veterans may
concentrate on recovering from their injuries or conditions, and not on
meeting deadlines for life insurance conversion.
Under current law, former prisoners of war have to been held for a
minimum of 30 days before they can benefit from a presumption that
certain diseases are linked to their service. The Compromise Agreement
also would add heart disease and stroke to presumptive conditions for
service-connection for former prisoners of war.
Homelessness among veterans is a critical problem. It is particularly
troubling to me that an estimated 56 percent of today's homeless
veterans are minorities. The homeless rate in my home state of Hawaii
has nearly doubled since early 2000, with the majority of Hawaii's new
homeless being Native Hawaiians. The city of Honolulu has a tremendous
problem with affordable housing, increasing the possibility of becoming
homeless for those who already struggle to make ends meet. The
Compromise Agreement would reauthorize through fiscal year 2009 the
Homeless Veterans Reintegration Programs, which are the only Federal
programs dedicated wholly to providing employment services to homeless
veterans.
Also included in the Compromise Agreement is my provision that would
make a technical change to the specially adapted housing grant program.
Last session, the law that allows severely disabled members of the
Armed Forces to receive specially adapted housing grants from VA, while
still on active duty, was inadvertently repealed. My provision would
correct this and restore the grant to its original intent.
In conclusion, I thank Senator Craig and the benefits staff on the
majority for their work on this comprehensive bill, especially Jon
Towers, Amanda Meredith, and Lupe Wissel and, on the Democratic staff
Dahlia Melendrez, Pat Driscoll, and Noe Kalipi for their hard work on
this legislation.
Mr. President, I urge my colleagues to support this legislation on
behalf of America's veterans and their families.
Mr. FRIST. I ask unanimous consent the Senate concur in the House
amendments, the motion to reconsider be laid upon the table, and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
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