[Congressional Record Volume 153, Number 123 (Monday, July 30, 2007)]
[House]
[Pages H8887-H8892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' BENEFITS IMPROVEMENT ACT OF 2007
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1315) to amend title 38, United States Code, to provide
specially adaptive housing assistance to certain disabled members of
the Armed Forces residing temporarily in housing owned by a family
member, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 1315
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Benefits
Improvement Act of 2007''.
SEC. 2. PROVISION OF SPECIALLY ADAPTIVE HOUSING ASSISTANCE TO
DISABLED MEMBERS OF THE ARMED FORCES RESIDING
TEMPORARILY IN HOUSING OWNED BY A FAMILY
MEMBER.
Section 2102A of title 38, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Assistance for Members of the Armed Forces.--The
Secretary may provide assistance under subsection (a) to a
member of the Armed Forces serving on active duty who is
suffering from a disability described in subsection (a)(2) or
(b)(2) of section 2101 of this title if such disability is
the result of an injury incurred or disease contracted in or
aggravated in line of duty in the active military, naval, or
air service. Such assistance shall be provided to the same
extent as assistance is provided under subsection (a) to
veterans eligible for assistance under that subsection and
subject to the limitation under subsection (c).''.
SEC. 3. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY
PROFESSIONALS EDUCATION ASSISTANCE PROGRAM.
(a) Establishment of Program.--Chapter 76 of title 38,
United States Code, is amended by adding at the end the
following new subchapter:
``SUBCHAPTER VIII--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY
PROFESSIONALS SCHOLARSHIP PROGRAM
``Sec. 7691. Authority for program
``As part of the Educational Assistance Program and subject
to the availability of appropriations for such purpose, the
Secretary shall carry out a scholarship program under this
subchapter. The program shall be known as the Department of
Veterans Affairs Visual Impairment and Orientation and
Mobility Professionals Scholarship Program (hereinafter in
this subchapter referred to as the `Program'). The purpose of
the Program is to increase the supply of qualified blind
rehabilitation specialists for the Department and the Nation.
``Sec. 7692. Eligibility; agreement
``(a) Eligibility.--To be eligible to participate in the
Program, an individual must be accepted for enrollment or
enrolled (as described in section 7602 of this title) as a
full-time or part-time student in a field of education or
training described in subsection (b).
``(b) Qualifying Fields of Education or Training.--A field
of education or training described in this subsection is
education or training leading to--
``(1) a degree or certificate in visual impairment or
orientation and mobility, or a dual degree or certification
in both such areas; and
``(2) appointment or retention in a position under section
7401 of this title.
``(c) Agreement.--(1) An agreement between the Secretary
and a participant in the Program shall (in addition to the
requirements set forth in section 7604 of this title) include
the following:
``(A) The Secretary's agreement to provide the participant
with a scholarship under the Program for a specified number
(from one to three) of school years during which the
participant pursues a course of education or training
described in subsection (b) that meets the requirements set
forth in section 7602(a) of this title.
``(B) The participant's agreement to serve as a full-time
employee in the Veterans Health Administration for a period
of three years (hereinafter in this subchapter referred to as
the `period of obligated service') during the six-year period
beginning on the date the participant completes the education
or training and receives a degree or certificate described in
subsection (b)(1).
``(C) The participant's agreement to serve under
subparagraph (B) in a Department facility selected by the
Secretary.
``(2) In a case in which an extension is granted under
section 7673(c)(2) of this title, the number of years for
which a scholarship may be provided under the Program shall
be the number of school years provided for as a result of the
extension.
``(3) In the case of a participant who is a part-time
student, the period of obligated service shall be reduced in
accordance with the proportion that the number of credit
hours carried by such participant in any such school year
bears to the number of credit hours required to be carried by
a full-time student in the course of training being pursued
by the participant, but in no event to less than one year.
``Sec. 7693. Scholarship
``(a) Scholarship.--A scholarship provided to a participant
in the Program for a school year shall consist of payment of
the tuition (or such portion of the tuition as may be
provided under subsection (b)) of the participant for that
school year and payment of other reasonable educational
expenses (including fees, books, and laboratory expenses) for
that school year.
``(b) Amounts.--The total amount of the scholarship payable
under subsection (a)--
``(1) in the case of a participant in the Program who is a
full-time student, may not exceed $15,000 for the equivalent
of one year of full-time coursework; and
``(2) in the case of a participant in the Program who is a
part-time student, shall bear the same ratio to the amount
that would be paid under paragraph (1) if the participant
were a full-time student in the course of education or
training being pursued by the participant as the coursework
carried by the participant to full-time coursework in that
course of education or training.
``(c) Limitations on Period of Payment.--(1) The maximum
number of school years for which a scholarship may be paid
under subsection (a) to a participant in the Program shall be
six school years.
``(2) A participant in the Program may not receive a
scholarship under subsection (a) for more than the equivalent
of three years of full-time coursework.
``(d) Payment of Educational Expenses by Educational
Institutions.--The Secretary may arrange with an educational
institution in which a participant in the Program is enrolled
for the payment of the educational expenses described in
subsection (a). Such payments may be made without regard to
subsections (a) and (b) of section 3324 of title 31.
[[Page H8888]]
``(e) Full-Time Coursework.--For purposes of this section,
full-time coursework shall consist of the following:
``(1) In the case of undergraduate coursework, 30 semester
hours per undergraduate school year.
``(2) In the case of graduate coursework, 18 semester hours
per graduate school year.
``Sec. 7694. Obligated service
``(a) In General.--Each participant in the Program shall
provide service as a full-time employee of the Department for
the period of obligated service provided in the agreement of
the participant entered into under section 7604 of this
title. Such service shall be provided in the full-time
clinical practice of such participant's profession or in
another health-care position in an assignment or location
determined by the Secretary.
``(b) Determination of Service Commencement Date.--(1) Not
later than 60 days before a participant's service
commencement date, the Secretary shall notify the participant
of that service commencement date. That date is the date for
the beginning of the participant's period of obligated
service.
``(2) As soon as possible after a participant's service
commencement date, the Secretary shall--
``(A) in the case of a participant who is not a full-time
employee in the Veterans Health Administration, appoint the
participant as such an employee; and
``(B) in the case of a participant who is an employee in
the Veterans Health Administration but is not serving in a
position for which the participant's course of education or
training prepared the participant, assign the participant to
such a position.
``(3)(A) In the case of a participant receiving a degree
from a school of medicine, osteopathy, dentistry, optometry,
or podiatry, the participant's service commencement date is
the date upon which the participant becomes licensed to
practice medicine, osteopathy, dentistry, optometry, or
podiatry, as the case may be, in a State.
``(B) In the case of a participant receiving a degree from
a school of nursing, the participant's service commencement
date is the later of--
``(i) the participant's course completion date; or
``(ii) the date upon which the participant becomes licensed
as a registered nurse in a State.
``(C) In the case of a participant not covered by
subparagraph (A) or (B), the participant's service
commencement date is the later of--
``(i) the participant's course completion date; or
``(ii) the date the participant meets any applicable
licensure or certification requirements.
``(4) The Secretary shall by regulation prescribe the
service commencement date for participants who were part-time
students. Such regulations shall prescribe terms as similar
as practicable to the terms set forth in paragraph (3). (c)
``(c) Commencement of Obligated Service.--(1) Except as
provided in paragraph (2), a participant in the Program shall
be considered to have begun serving the participant's period
of obligated service--
``(A) on the date, after the participant's course
completion date, on which the participant (in accordance with
subsection (b)) is appointed as a full-time employee in the
Veterans Health Administration; or
``(B) if the participant is a full-time employee in the
Veterans Health Administration on such course completion
date, on the date thereafter on which the participant is
assigned to a position for which the participant's course of
training prepared the participant.
``(2) A participant in the Program who on the participant's
course completion date is a full-time employee in the
Veterans Health Administration serving in a capacity for
which the participant's course of training prepared the
participant shall be considered to have begun serving the
participant's period of obligated service on such course
completion date.
``(d) Course Completion Date Defined.--In this section, the
term `course completion date' means the date on which a
participant in the Program completes the participant's course
of education or training under the Program.
``Sec. 7695. Repayment for failure to satisfy requirements of
agreement
``(a) In General.--An individual who receives educational
assistance under this subchapter shall repay to the Secretary
an amount equal to the unearned portion of such assistance if
the individual fails to satisfy the requirements of the
agreement entered into under section 7604 of this title,
except in circumstances authorized by the Secretary.
``(b) Amount of Repayment.--The Secretary shall establish,
by regulations, procedures for determining the amount of the
repayment required under this subsection and the
circumstances under which an exception to the required
repayment may be granted.
``(c) Waiver or Suspension of Compliance.--The Secretary
shall prescribe regulations providing for the waiver or
suspension of any obligation of an individual for service or
payment under this subchapter (or an agreement under this
subchapter) whenever noncompliance by the individual is due
to circumstances beyond the control of the individual or
whenever the Secretary determines that the waiver or
suspension of compliance is in the best interest of the
United States.
``(d) Obligation as Debt to United States.--An obligation
to repay the Secretary under this section is, for all
purposes, a debt owed the United States. A discharge in
bankruptcy under title 11 does not discharge a person from
such debt if the discharge order is entered less than five
years after the date of the termination of the agreement or
contract on which the debt is based.''.
(b) Clerical Amendment.--The tables of sections at the
beginning of such chapter is amended by inserting after the
items relating to subchapter VII the following new items:
``subchapter viii--visual impairment and orientation and mobility
professionals scholarship program
``7691. Authority for program.
``7692. Eligibility; agreement.
``7693. Scholarship.
``7694. Obligated service.
``7695. Repayment for failure to satisfy requirements of agreement.''.
(c) Conforming Amendments.--Such chapter is further
amended--
(1) in section 7601(a)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(6) the Visual Impairment and Orientation and Mobility
Professionals Scholarship Program provided for in subchapter
VIII of this chapter.'';
(2) in section 7602--
(A) in subsection (a)(1)--
(i) by striking ``or VI'' and inserting ``VI, or VIII'';
and
(ii) by striking ``or for which a scholarship may be
awarded under subchapter VI of this chapter'' and inserting
``for which a scholarship may be awarded under subchapter VI
of this chapter, or for which a scholarship may be awarded
under subchapter VIII of this chapter''; and
(B) in subsection (b), by striking ``or VI'' and inserting
``VI, or VIII'';
(3) in section 7603(a)(1), by striking ``or VI'' and
inserting ``VI, or VIII''; and
(4) in section 7604, by striking ``or VI'' each place it
appears and inserting ``VI, or VIII''.
(d) Effective Date.--The Secretary of Veterans Affairs
shall implement subchapter VIII of chapter 76 of title 38,
United States Code, as added by subsection (a), not later
than six months after the date of the enactment of this Act.
SEC. 4. VETERANS' REEMPLOYMENT RIGHTS REPORT IMPROVEMENT.
(a) Additional Report Requirements.--Section 4332 of title
38, United States Code, is amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Report Required.--The Secretary shall'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively, and inserting after
paragraph (3) the following new paragraph (4):
``(4) The number of cases reviewed by the Secretary of
Defense under the National Committee for Employer Support of
the Guard and Reserve of the Department of Defense during the
fiscal year for which the report is made.''.
(3) in paragraph (5), as so redesignated, by striking ``or
(3)'' and inserting ``(3), or (4)'';
(4) by redesignating paragraph (7), as so redesignated, as
paragraph (8), and inserting after paragraph (6) the
following new paragraph (7):
``(7) An indication of which of the cases reported on
pursuant to paragraphs (1), (2), (3), and (4) are disability-
related.''.
(5) by adding at the end the following new subsections:
``(b) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Secretary of
Veterans Affairs, the Attorney General, and the Special
Counsel to ensure that the information required to be
submitted as part of the report under subsection (a) is
categorized in a uniform way.
``(c) Provision of Information.--The Secretary shall
provide the information contained in the report required
under subsection (a) to the Secretary of Defense, the
Secretary of Veterans Affairs, the Attorney General, and the
Special Counsel.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to a report submitted after the date
of the enactment of this Act.
SEC. 5. INCREASE IN NUMBER OF MEMBERS OF ADVISORY COMMITTEE
ON VETERANS EMPLOYMENT, TRAINING, AND EMPLOYER
OUTREACH.
Section 4110(c)(1) of title 38, United States Code, is
amended by striking ``15'' and inserting ``16''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. FILNER. Mr. Speaker, on this bill, H.R. 1315, and the previous
bill, H.R. 23, I would ask unanimous consent that all Members have 5
legislative days within which to revise and extend their remarks and
include extraneous material.
[[Page H8889]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection
Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am glad that my colleagues on the committee were able
to work together to craft this important piece of legislation. The
Chair of our Subcommittee on Economic Opportunity, Ms. Herseth Sandlin,
and her ranking member, Mr. Boozman, provided really strong bipartisan
leadership that was important in this bill. As I said when starting
this package of bills, we must never forget the great debt we owe to
all of them. We have to remember the courage and sacrifice demonstrated
daily by those who serve our Nation.
Mr. Speaker, when our servicemembers return home, it is our solemn
obligation to protect and serve them with the same commitment and
dedication which they protected and served us. H.R. 1315, as amended,
would contribute to just that level of commitment.
Under current law, transitioning disabled servicemembers who are
temporarily living in housing owned by a family member are barred from
receiving financial assistance to make necessary adaptations to their
housing. This bill before us clarifies this point of law and ensures
those veterans have the resources necessary to enjoy a comfortable and
independent lifestyle.
This legislation creates a scholarship for students interested in
earning a degree or certification in blind rehabilitation. In return
for these scholarships, these students would provide 3 years of service
to the U.S. Department of Veterans Affairs. The effect of this program
will be a needed staff increase to meet the growing needs of our
vision-impaired and blind veterans.
I must say, Ms. Herseth Sandlin, we ought to look at this for some
other needs of the VA, whether it is nursing or psychiatry or whatever.
This way of encouraging and incentivizing those who could serve our
veterans is a really fine approach.
The bill will, furthermore, bring more efficiency and accountability
to the veteran employment process by facilitating greater coordination
among the U.S. Departments of Veterans Affairs, Defense, and Labor. It
allows for a more transparent view of data concerning complaints
submitted by the National Guard and Reservists regarding difficulty
obtaining employment.
Ensuring that our servicemembers are afforded a seamless transition
from active duty to civilian life is an issue that we in the committee
are keenly aware of, and I am glad to see needed language in this bill.
Finally, this bill corrects a technical error in current law to
increase the U.S. Department of Labor's Advisory Committee on Veterans
Employment Training and Employer Outreach by one representative from
the existing 15.
We all stand united here in this House in caring for our veterans,
and I urge my colleagues to support H.R. 1315, as amended
Mr. Speaker, I reserve the balance of my time.
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1315, as amended, contains several important
provisions to improve the lives of servicemembers and veterans.
First, severely injured servicemembers would be able to benefit from
VA's specially adapted housing program prior to discharge. I appreciate
Chairwoman Herseth Sandlin's vigilance and leadership in this area in
bringing this forward.
Second, DOD, the Department of Labor, the Attorney General, the
Office of Special Counsel and VA would be required to adapt common
reporting criteria regarding servicemembers' employment rights under
the Uniformed Services Employment and Reemployment Rights Act, USERRA.
Again, I appreciate Mr. Reichert for his hard work in bringing this
forward. I think this is an excellent provision.
Third, VA would be authorized to establish scholarship programs for
pursuing degrees in rehabilitation for the visually impaired. Ms.
Sheila Jackson-Lee also did a good job in bringing this forward. This
is something that I am very, very familiar with in the sense that I am
an optometrist and have had the opportunity to visit, not to visit, to
deal with these types of patients many times in the past. This is
something we definitely need to do.
Mr. Speaker, I thank Chairwoman Herseth Sandlin for her bipartisan
leadership on this excellent bill, and I urge my colleagues to support
H.R. 1315, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. FILNER. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from South Dakota (Ms. Herseth Sandlin), our Chair of the
Subcommittee on Economic Opportunity, who is the energetic, articulate,
aggressive and fine spokesman for veterans.
Ms. HERSETH SANDLIN. Mr. Speaker, I thank our distinguished chairman
for yielding.
Mr. Speaker, I rise in strong support of H.R. 1315, the Veterans'
Benefits Improvement Act of 2007. As the sponsor of H.R. 1315, I want
to thank Chairman Filner and Ranking Member Buyer, as well as my good
friend subcommittee Ranking Member Boozman, for their strong leadership
and unwavering dedication to our veterans and for working hard to craft
this bipartisan bill.
{time} 1630
I would also like to thank Congresswoman Sheila Jackson-Lee of Texas
and Congressman Dave Reichert of Washington and Congressman Tim Walz of
Minnesota who have contributed substantially to this important
legislation.
As more and more of our troops are deployed in missions around the
globe, additional steps must be taken to promote and protect the health
and welfare of our veterans. Their honorable, courageous and patriotic
service demands no less. In light of increasing numbers of disabled
veterans returning from Iraq and Afghanistan, the already urgent demand
to pass legislation to meet the needs of these new veterans is rising.
Mr. Speaker, this legislation would provide specially adaptive
housing assistance to disabled servicemembers who have not yet been
discharged from active duty and therefore have not reached veteran
status. Under current law, a temporary grant is available to disabled
veterans who are or will be temporarily residing in a home owned by a
family member. Our original intent in the last Congress was to allow
servicemembers in transition prior to discharge to also use this
benefit. However, the law, as currently written, does not qualify
transitioning servicemembers for these housing grants. This legislation
seeks to clarify congressional intent and provide assistance up to
$14,000 to adapt the family member's home to meet the transitioning
servicemember's special needs.
In addition, this legislation would direct the Secretary of the
Department of Veterans Affairs to establish a scholarship program for
students seeking a degree or certificate in blind rehabilitation under
the Health Professional Education Assistance program. In exchange for
the scholarship award, students will be required to work for 3 years in
a health care facility within the Department of Veterans Affairs.
This bill would also require the Secretary of the Department of Labor
and the Secretary of the Department of Defense to coordinate their
sharing of and reporting on the complaint data filed by National Guard
and Reservists facing difficulty in obtaining employment. It would
require the use of uniform categories in tracking and reporting the
data, including the difficulty of obtaining employment experienced by
veterans with service-connected disabilities. These provisions will
enable Congress to better identify trends in the reemployment
challenges faced by our returning Guard and Reserve forces, and the
corrective actions needed to ease their transition back into the
civilian workforce.
Finally, H.R. 1315 would add a representative from the National
Governors Association to the existing 15-member Advisory Committee on
Veterans Employment, Training and Employer Outreach located under the
auspices of the Department of Labor. This has been a priority for both
the chairman and the ranking member of the full committee.
During the last Congress, we passed legislation which became Public
Law 109-46 that was intended to add the National Governors Association
representative to the Advisory Committee
[[Page H8890]]
on Veterans Employment, Training and Employer Outreach. However, a
technical error did not increase the total authorized membership to 16,
preventing the National Governors Association from being added to the
Advisory Committee on Veterans Employment, Training and Employer
Outreach.
In summary, this bill will provide our injured servicemembers the
resources needed to live with the comfort and independence they
deserve, expand education programs to more effectively address the
rehabilitative needs of our veterans, bolster reemployment aid for
returning veterans, and strengthen the advisory committee membership
within the Department of Labor.
I commend the leadership of Chairman Filner and certainly the great
bipartisan working relationship that Mr. Boozman and I have enjoyed
over the last two Congresses. I urge my colleagues to vote favorably on
the final passage of H.R. 1315.
Mr. BOOZMAN. Mr. Speaker, I yield the gentleman from Washington (Mr.
Reichert), one of the authors of a portion of the bill, such time as he
may consume.
Mr. REICHERT. Mr. Speaker, I thank the gentleman for yielding and
thank both sides of the aisle on this great piece of legislation. It
truly is an honor to be here this afternoon to speak on it on behalf of
our veterans across the world.
I am very pleased that part of the language that I have been working
on, along with other friends here in the House of Representatives,
works to make sure that our returning veterans have a job, make sure
that their families are taken care of.
I was in the Air Force Reserve for 6 years. That was a long time ago.
I was never called to active duty. I worked for the sheriff's office
then, and even back in the early 1970s, as I served our country in the
Air Force and served our community on the streets as a police officer,
I never had to worry when I served my one weekend a month or my 2 weeks
every year that my employer would get upset with me and say, You know
what, we can't support you here as you support our country and our
troops across the world serving our country; we need you here every
day. In fact, it was just the opposite. The sheriff's office said, We
are proud to have you as a member of the Air Force Reserve. We are
proud to have you come back and serve with us and have you continue to
serve in the Air Force Reserve. And when I became sheriff later on in
1997, and after 2001, still serving as the sheriff in King County, we
made sure that our Guard and Reserves had a job.
And I could see it in the eyes of their spouses and their children
and the rest of their family, because they felt loved, they felt cared
for, they felt comfortable to know that when their loved one returned,
they had a job.
Imagine for a moment that you started a family, you started a
business, you have employment, you have a profession, and all of a
sudden it is taken away. When you return, it is gone. Your family has
no job. You have no income. You are looking at maybe selling your
house, selling your car. Health insurance might not be available. All
of these things are things that our veterans in the last few years had
to deal with upon their return. This bill fixes that.
We are able to help them make sure that they have employment when
they return from serving our country and keeping us free. I urge all of
my colleagues to vote in favor of this legislation. What an honor it is
to be here again today to speak on behalf of our veterans across the
world.
Mr. FILNER. Mr. Speaker, I yield 5 minutes to another great and
energetic advocate for veterans, the gentlewoman from Texas (Ms.
Jackson-Lee)
Ms. JACKSON-LEE of Texas. Mr. Speaker, this gives me an opportunity
for the first time to rise and thank Chairman Filner for the
enthusiastic and passionate and newfound leadership that he has given
to the Veterans' Affairs Committee. We thank him for being a beloved
member of the veterans community. All over the Nation veterans are
celebrating his chairmanship, and I thank him very much for his
leadership, his bipartisan leadership with the ranking member of this
committee.
And let me thank Chairwoman Herseth Sandlin for her leadership; and
Mr. Boozman, thank you. This whole committee draws the affection of
Members from both sides of the aisle, and both of you exhibit the kind
of leadership that we and the veterans can be proud of.
I rise to support H.R. 1315 and acknowledge the many sections of the
bill, which includes section 2, where the bill adopts Ms. Herseth
Sandlin's legislation dealing with housing; and section 3, where Mr.
Wynn of Maryland's legislation is adopted dealing with mortgage
foreclosure; and section 5, which addresses the legislation of Mr.
Reichert, which is so very important about employing our veterans.
I am proud that the basis for the new program dealing with the blind
is based upon my bill, Visual Impairment Specialist Training Act. This
VISTA act responds to the increasing numbers of veterans and soldiers
who are now returning from the battlefield with vision injuries. I am
proud that my legislation was strongly supported by Chairman Filner;
Mr. Michaud, chairman of the Subcommittee on Health; and the co-chairs,
as I have mentioned, of the Congressional Vision Caucus, Mr. Gene Green
of Texas and Ms. Ros-Lehtinen of Florida.
This legislation is also supported by the Blind Veterans of America,
an organization chartered by Congress in 1958, which has been for
nearly 50 years the only veterans service organization exclusively
dedicated to serving America's blind and visually impaired veterans.
Let me explain what this legislation does. We establish here and now
an educational assistance program for persons pursuing training in
blind rehabilitation. I thank the chairman for citing this legislation
as a possible model for nurses and psychologists that may be needed as
we move in the future.
There are approximately 160,000 legally blind veterans in the United
States, but only 35,000 are currently enrolled in the Veterans Health
Administration's services. It is estimated that there are over 1
million low-vision veterans in the United States, and incidence of
blindness among the total veteran population of 26 million are expected
to increase by about 40 percent in the next 4 years. This is because
the most prevalent causes of legal blindness and low vision are age-
related, and the average age of the veteran population is increasing.
The current age is about 80 years old.
In addition, we know that there will be veterans coming home, because
of the IED injuries in Iraq and Afghanistan, with injuries impacting
their vision.
Let me also acknowledge the specifics of this legislation. It
mandates that the Secretary of Veterans Affairs shall provide financial
assistance to students enrolled in a program of study leading to a
degree or certificate in visual impairment and/or orientation and
mobility at an accredited educational institution in the U.S., provided
they agree with the applicable requirements. As I said, the purpose of
this scholarship program is to increase the supply of qualified blind
rehabilitation specialists for the Department of Veterans Affairs and
the Nation. It requires the Secretary of Veterans Affairs to widely
publicize this scholarship program to colleges and universities across
the Nation, especially institutions with large numbers of Hispanic
students and HBCUs, Historically Black Colleges. This is particularly
helpful to the minority population who are interested in the field of
vision rehabilitation.
To apply and participate in this scholarship program, an applicant
shall submit to the Secretary, or his designee, an application and
agree to serve a 3-year period of obligated service in the Department
of Veterans Affairs. This is the crux of the legislation, so that we
have a mandatory pool of those individuals helping the veterans as they
move forward.
The maximum award for any full-time student per academic year may not
exceed $15,000. The maximum award for any part-time student shall be
determined in proportion to the amount that would be the case if the
student were full time. For any student, however, the total amount of
assistance may not exceed $45,000.
This is good news. It trains individuals, gives them a scholarship,
and it doesn't burden the Federal Government. Why, because the debt is
owed to
[[Page H8891]]
the United States Government and therefore it cannot be discharged
because of bankruptcy.
To conclude my remarks, I ask that my colleagues look carefully at
this hopefully innovative approach to helping our veterans and our
returning soldiers who will be in great need from the injuries they
have experienced. I thank the bipartisan leadership of this committee
and ask my colleagues to support the bill
Mr. Speaker, I proudly rise to strongly support H.R. 1315, the
``Veterans' Benefit Improvement Act of 2007.'' I enthusiastically
support this legislation because it keeps faith with the men and women
who have worn the uniform in service to our country. Let me express my
appreciation to Mr. Filner and Ms. Herseth Sandlin, the Chairman of the
Veterans Affairs Committee and the Chairwoman of the Economic
Opportunity Subcommittee, and to their respective ranking members, Mr.
Buyer and Mr. Boozman, for their perseverance in shepherding this
legislation to the House floor.
Mr. Speaker, H.R. 1315 consists of five main sections. Section 2 of
the bill adopts Ms. Herseth Sandlin's legislation providing for
specially adaptive housing (SAH) assistance to disabled servicemembers
residing temporarily in housing owned by a family member. Under current
law, a temporary grant may be available to veterans who are or will be
temporarily residing in a home owned by a family member. This
assistance, allowable up to $14,000, may be used to adapt the family
member's home to meet the veteran's special needs at that time.
Section 5 of the bill, which is based on a proposal by Mr. Reichert
of Washington, requires the Secretary of Labor to provide Congress an
annual report on veterans' reemployment rights. Section 6 adds an
additional representative from the National Governor's Association to
the existing 15 member Advisory Committee on Veterans Employment,
Training and Employer Outreach withIn the U.S. Department of Labor.
Each of these provisions is a useful, constructive, and welcome
legislative initiative. Any of one of them would warrant an
overwhelming vote in favor of the bill. But Mr. Speaker, what makes
this legislation truly extraordinary is the inclusion of Section 4,
which establishes a ``Visual Impairment and Orientation and Mobility
Professionals Education Assistance Program.'' This legislation will
close a large gap in the Nation's commitment to blind and low-vision
veterans by establishing a scholarship program for students seeking
training in blind rehabilitation.
I am proud and honored, Mr. Speaker, that the basis for this new
program for our blind and low-vision veterans is the legislation I
introduced earlier this Congress, H.R. 1240, the ``Vision Impairment
Specialist Training Act,'' or VISTA Act of 2007. I am proud that my
legislation was strongly supported by the chairman of the Veterans
Affairs Committee, Mr. Filner; Mr. Michaud, the chair of this
Committee's Subcommittee on Health; the co-chairs of the Congressional
Vision Caucus, my colleague Mr. Gene Green of Texas and Ms. Ros-
Lehtinen of Florida. This legislation is also strongly supported by the
Blind Veterans of America, an organization chartered by Congress in
1958, which has been for nearly 50 years the only veterans service
organization exclusively dedicated to serving America's blind and
visually impaired veterans. Companion legislation, S.1672, ``The VA
Vision Scholars Act of 2007,'' has already been introduced in the other
body by Senators Hagel, Obama, and Brown.
Mr. Speaker, let me explain briefly why it is so important that we
establish here and now an educational assistance program for persons
pursuing training in blind rehabilitation.
There are approximately 160,000 legally blind veterans in the United
States, but only 35,000 are currently enrolled in Veterans Health
Administration services.
In addition, it is estimated that there are over 1 million low-vision
veterans in the United States, and incidences of blindness among the
total veteran population of 26 million are expected to increase by
about 40 percent over the next few years. This is because the most
prevalent causes of legal blindness and low vision are age-related, and
the average age of the veteran population is increasing; the current
average age is about 80 years old.
Members of the armed forces are important to our Nation and we show
them our appreciation by taking care of them even after they have
completed their service. But the fact is that there are not enough
blind rehabilitation specialists to serve all legally blind and low-
vision veterans in the United States.
Blind rehabilitation training helps give these veterans awareness of
and functioning in their surroundings and enables them to retain their
independence and dignity. Veterans without these services may find it
difficult to be self-sufficient, relying on others to perform certain
skills or even simple tasks on their behalf.
Mr. Speaker, Public Law 104-262, the Eligibility Reform Act 1996,
requires the Department of Veterans Affairs to maintain its capacity to
provide specialized rehabilitative services to disabled veterans, but
it cannot do so when there are not enough specialists to address these
needs.
Last December, the Veterans Programs Extension Act was passed, which
included a provision by Congressman Michael Michaud to increase the
number of Blind Rehabilitation Outpatient Specialists serving our
Nation's veterans. However, there are currently not enough counselors
certified in blind rehabilitation to provide for the growing number of
blind or low-vision veterans, let alone the rest of our Nation's
elderly population.
Section 4 of the legislation before us helps to remedy this situation
by directing the Secretary of Veterans Affairs to establish a
scholarship program for students seeking a degree or certificate in
blind rehabilitation (Vision Impairment and/or Orientation and
Mobility). The availability of these scholarship opportunities will
provide an incentive to students considering entry into the field.
Additionally, in exchange for the scholarship award, students are
required to work for 3 years in a healthcare facility of the Department
of Veterans Affairs, to ensure that our veterans are well cared for.
If I might, let me discuss this vital legislation in more detail. The
legislation mandates that the Secretary of Veterans Affairs shall
provide financial assistance to students enrolled in a program of study
leading to a degree or certificate in Visual Impairment and/or
Orientation and Mobility at an accredited educational institution in a
U.S. state or territory, provided that they agree with applicable
requirements.
As I stated earlier, the purpose of the scholarship program is to
increase the supply of qualified blind rehabilitation specialists for
the Department of Veterans Affairs and the Nation.
The legislation requires that the Secretary of Veterans Affairs shall
widely publicize this scholarship program to colleges and universities
across the Nation, especially institutions with large numbers of
Hispanic students and HBCUs. This is a particularly salutary provision
because African Americans, Hispanics, and other minorities are
underrepresented in the field of vision rehabilitation.
To apply and participate in the scholarship program, an applicant
shall submit to the Secretary, or his designee, an application and
agree to serve a 3-year period of obligated service in the Department
of Veterans Affairs. The legislation requires that the Secretary shall
include among the application and agreement materials a fair summary of
the rights and liabilities of the applicant if accepted into the
program.
When the Secretary approves of the applicant's acceptance, the
applicant shall be promptly notified and accepted into the program.
The amount of financial assistance provided for an applicant shall be
the amount determined by the Secretary as being necessary to pay the
tuition and fees of the applicant. If the applicant is enrolled in a
dual degree or certification program, the amount awarded shall not
exceed the amounts necessary for the minimum number of credit hours to
achieve such dual certification or degree.
Financial assistance provided to an applicant by this scholarship
program may supplement other educational assistance, as long as the
total award does not exceed the tuition and fees required for an
academic year.
The maximum award for any full-time student per academic year may not
exceed $15,000. The maximum award for any part-time student should be
determined in proportion to the amount that would be the case if the
student were full-time. For any student, the total amount of assistance
may not exceed $45,000.
The maximum duration for financial assistance under this program is 6
years.
The agreement for participation in this scholarship program shall be
signed by both the Secretary and the participant. The Secretary shall
agree to provide the participant with the authorized financial
assistance and the participant shall agree to: accept the
assistance; maintain enrollment and attendance in the appropriate
program of study; maintain an acceptable level of academic standing;
serve as a full-time employee in the Department of Veterans Affairs for
3 years within the first 6 years after completing the program and
receiving the degree or certificate specified.
If the applicant fails to satisfy the requirements of the agreement,
the applicant must repay the amount equal to the unearned portion of
assistance, except in circumstances authorized by the Secretary. The
Secretary shall establish procedures for determining the amount of the
repayment required, as well as the circumstances under which an
exception to the required repayment may be granted.
The Secretary shall prescribe regulations for the waiver or
suspension of an applicant's obligation for service or payment whenever
the
[[Page H8892]]
applicant's noncompliance is due to circumstances beyond his or her
control or it is in the best interest of the United States.
Mr. Speaker, I should point out that an obligation to repay the
Secretary under this section is a debt owed the United States. Thus, a
discharge in bankruptcy does not discharge a person from a debt under
this legislation if the discharge order is entered less than 5 years
after the date of the termination of the agreement or contract.
Mr. Speaker, every morning when I arrive at my office, I am reminded
of how fortunate I am to live in a Nation as great as the United
States. Outside of my office there is a poster-board with the names and
faces of those heroes from Houston, Texas, who have lost their lives
wearing the uniform of our country. We live in a Nation where so many
brave young men and women volunteer to the ultimate sacrifice so that
their countrymen can enjoy the blessings of liberty. Now is the time to
let our heroes know they have not been, and will never be, forgotten.
They deserve honor, they deserve dignity, and they deserve the best
care. After all, this is the least we can do for those who have done so
much for all of us.
In closing, Mr. Speaker, let me also thank the Staff of the Veterans
Affairs Committee and the Subcommittee on Economic Opportunity for
their hard work. I also wish to pay special tribute to several members
of my staff without whose valuable contributions this significant
legislative achievement would not have been possible: Maggie Mitchell,
Shelle Gordon, Mona Floyd, Yohannes Tsehai, and Gregory Berry.
Mr. Speaker, nothing brings greater honor to this body and the
persons we are proud to represent than keeping faith with the men and
women who have worn the uniform in service to our country. H.R. 1315
keeps and extends our commitment to those who have risked their lives
to defend our country. I urge all members to support this legislation.
Mr. BOOZMAN. Mr. Speaker, if the gentleman has no further speakers,
in closing, I can't tell you how privileged I am in serving on the
Economic Opportunity Subcommittee. We are charged with putting veterans
to work and providing educational benefits. As the son of an old master
sergeant in the Air Force who did 20 years and retired, I understand
the importance of this.
This bill is an excellent bill. I want to thank the chairman for his
hard work and also thank the ranking member, Mr. Buyer, for his hard
work. I thank Chairwoman Herseth Sandlin, and again our staffs who do
so much work.
This bill is an excellent product of bipartisan work on behalf of
veterans, and I urge all of my colleagues to support the legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. FILNER. Mr. Speaker, I need to yield 1 further minute to the
gentlewoman from Texas (Ms. Jackson-Lee) for some thank-you words.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I want to add the staff
director of the full committee to the list of appreciation I would like
to offer, along with Maggie Mitchell, Shelle Gordon, Mona Floyd,
Yohannes Tsehai, Greg Berry, and all of the Veterans' Affairs
Committee.
Also, let me acknowledge, I think there was a deletion of section 5,
and I want to correct that for the record
Mr. FILNER. Mr. Speaker, I just wanted to conclude by referring to
the section that the gentlewoman from Texas (Ms. Jackson-Lee) referred
to.
Unfortunately, because of scoring rules, we had to remove at the last
minute a section that would have given protection from foreclosure,
extend the protection from foreclosure on homes from 3 months to 6
months for those who are fighting abroad, whether in the active duty or
in the Guard and Reserve units.
{time} 1645
It's a very important section, very important protection I think that
we have to extend to our men and women in active duty. We will take
that up at a later time and try to make sure that that protection is
granted
Mr. WALZ of Minnesota. Mr. Speaker, I rise today in support of H.R.
1315. I applaud my colleague, Congresswoman Herseth Sandlin, for her
tireless work as Chair of the Economic Opportunity Subcommittee of the
Veterans' Affairs Committee. She has put together an impressive package
of benefits in this bill and as a veteran myself, I have to say I am
incredibly proud to serve with the Congresswoman and am grateful for
her unwavering support of veterans.
I am also proud that this bill includes the language from H.R. 1632,
the Improving Veterans' Reemployment Act. Congressman Dave Reichert and
I introduced this legislation to enact a small, technical fix that will
improve the way the Federal Government deals with National Guard and
Reserve reemployment complaints.
This legislation acts on the GAO's recommendations by requiring the
federal agencies and departments that are involved with veterans'
reemployment complaints to fully share their data. The bill also
mandates that Congress receive all of this data in an aggregate report.
This legislation offers a simple fix to a problem that has a negative
effect on thousands of veterans returning home to their civilian jobs.
As a retired Command Sergeant Major in the Army National Guard, I
have an intimate understanding of the veterans' reemployment issue. I
deployed in support of Operation Enduring Freedom from 2003 to 2004 and
was fortunate to have my job as a high school teacher waiting for me
when I returned home. Unfortunately, the process was not as simple for
every member of my unit and I have heard plenty of horror stories from
both Guard members and Reservists who came home to a radically
different job situation. Local businesses back home in Minnesota have
done a tremendous job supporting the Guard and Reserves and bearing the
financial burden of long deployments, but service members can still
face problems when they return. Our bill goes a long way to improving
the way the Federal Government deals with reemployment problems.
I urge my colleagues to support our legislation and the larger bill,
H.R. 1315. Aside from the provisions of the legislation Congressman
Reichert and I authored, the Improving Veterans' Reemployment Act, H.R.
1315 includes many important provisions that improve benefits for
veterans nationwide.
Mr. FILNER. Mr. Speaker, I urge support of H.R. 1315, as amended, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 1315, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A Bill to amend title 38,
United States Code, to make certain improvements in the benefits
provided to veterans under laws administered by the Secretary of
Veterans Affairs, and for other purposes.''.
A motion to reconsider was laid on the table.
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