[Congressional Record Volume 155, Number 37 (Tuesday, March 3, 2009)]
[Senate]
[Pages S2705-S2706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 514. A bill to amend title 38, United States Code, to enhance 
vocational rehabilitation benefits for veterans, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, I am introducing today the proposed 
Veterans Rehabilitation and Training Improvements Act of 2009. This 
measure would improve the program of rehabilitation and training for 
veterans who suffer from service-connected disabilities by offering an 
increase in the amount of subsistence allowances, reimbursing certain 
incidental costs, and repealing the limit on the number of individuals 
who may be enrolled in a program of Independent Living services.
  Under current law, veterans who are enrolled in a program of 
rehabilitation under Chapter 31 receive a monthly subsistence 
allowance. This, in addition to the payment of the costs of the program 
of rehabilitation, is intended to offer the veteran a means of paying 
for basic living expenses while pursuing their training or education.
  With the enactment of the new Post 9-11 GI Bill last year, P.L. 110-
323, which adopted a tuition-and-fees plus a living allowance approach 
to the payment of benefits under the educational assistance program, I 
am concerned that there may be an inequity between the vocational 
rehabilitation and education programs and that individuals who would 
truly benefit from enrollment in a program of rehabilitation and 
employment under Chapter 31 will be tempted to enroll in the Chapter 33 
education program in order to take advantage of the higher living 
allowance. Those who would make such an election might forgo valuable 
counseling, employment and placement, and other assistance from which 
they might benefit.
  To address this concern, the measure I am introducing today would 
modify the Chapter 31 program by offering a subsistence allowance to 
enrollees equal to the national average for the Department of Defense's 
Basic Allowance for Housing, BAH, for members of the military at the E-
5 level, adjusted for marital status. This is similar, although not 
identical to, the approach of the new chapter 33 program which

[[Page S2706]]

adopted a regionalized BAH approach based on the address of the 
institution.
  This is intended to help ensure that individuals who could best 
benefit from enrollment in the Chapter 31 program are not faced with a 
disincentive to do so.
  With regard to the second issue, VA is permitted to pay certain costs 
associated with enrollment of an individual in a program of 
rehabilitation--for example, fees, equipment, and supplies. However, 
there are other costs that an individual might incur that are not 
covered by VA and these costs could represent a substantial barrier to 
the successful completion of a program. An example could be that of a 
single young mother with young children who--in order to attend 
classes--needs child care. Another example might be a veteran who lost 
both legs in service and needs a new suit in order to make the most 
favorable impression at the interview with a prospective employer.
  The legislation I am introducing today would require VA to issue 
regulations providing for the reimbursement of incidental costs 
associated with obstacles that pose substantial barriers to successful 
completion of a program. I believe that this will substantially 
increase the ability of many individuals to finish their rehabilitation 
programs and be placed in rewarding jobs.
  I also believe we need to repeal the cap on the number of individuals 
who may be enrolled in a program of Independent Living services under 
the Chapter 31 program. Current law provides that individuals for whom 
a determination is made that a program of rehabilitation leading to 
employment is not reasonably feasible may be eligible for enrollment in 
a program of independent living services which is designed to help the 
individual achieve a maximum level of independence in daily life. 
However, the number of veterans who in any one year may enroll in these 
programs is capped at 2,600.
  Even though the VA has testified in the past that this enrollment cap 
does not present any problem for the effective conduct of the program, 
I remain concerned--despite the fact that last year Congress raised the 
cap from 2,500 to 2,600 in P.L. 110-389--that the effect of the cap is 
to put downward pressure on VA's enrollment of eligible veterans in 
this very important program. This is of particular concern when so many 
of today's returning servicemembers suffer from disabilities that may 
require extensive periods of rehabilitation and assistance in achieving 
independence in their daily lives that can result from such conditions 
as traumatic brain injury or PTSD.
  Disabled veterans are transitioning from military service into an 
economy that is changing, challenging, and contracting at historic 
rates. My bill will give these veterans more of the help they need by 
increasing program flexibility and boosting the living stipend for 
disabled veterans undergoing rehabilitation.
  While there will be costs associated with this legislation, the 
veterans who are served by the chapter 31 rehabilitation and employment 
program are the highest priority for our Nation--individuals who have 
incurred service-connected disabilities in service to the country. This 
truly is one of the costs of war that must be borne.
  I look forward to working with my colleagues in moving this 
legislation through the Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 514

       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 Rehabilitation and 
     Training Improvements Act of 2009''

     SEC. 2. SUBSISTENCE ALLOWANCE FOR VETERANS PARTICIPATING IN A 
                   PROGRAM OF REHABILITATION.

       (a) Modification of Amount of Subsistence Allowance.--
     Subsection (b) of section 3108 of title 38, United States 
     Code, is amended to read as follows:
       ``(b) Except as otherwise provided in this section, the 
     amount of the subsistence allowance to be paid to a veteran 
     under this chapter for a month during which the veteran 
     participates in a rehabilitation program under this chapter 
     shall be the amount equal to the national average of the 
     amount of basic allowance for housing payable under section 
     403 of title 37 for that month for a member of the uniformed 
     services in pay grade E-5 with or without dependents, as 
     applicable.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2009, and shall apply with 
     respect to subsistence allowances payable under chapter 31 of 
     title 38, United States Code, for months beginning on or 
     after that date.

     SEC. 3. REIMBURSEMENT FOR COSTS OF PARTICIPATION IN A PROGRAM 
                   OF REHABILITATION FOLLOWING SUCCESSFUL 
                   COMPLETION OF PROGRAM OF REHABILITATION.

       Section 3108 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(j)(1) The Secretary may, under such regulations as the 
     Secretary shall prescribe for purposes of this subsection, 
     pay to each veteran who successfully completes participation 
     in a rehabilitation program under this chapter an amount to 
     reimburse the veteran for costs incurred by veteran as a 
     direct consequence of participation in the program. The costs 
     for which payment may be made under this subsection may 
     include child care expenses, costs for clothing for 
     interviews for employment, and such other costs as the 
     Secretary may prescribe in such regulations. The amounts 
     payable in reimbursement for any such costs shall be the 
     amounts determined in accordance with such regulations.
       ``(2) Any payment of costs in reimbursement of a veteran 
     under this subsection is in addition to the subsistence 
     allowance payable to the veteran under this section.''.

     SEC. 4. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED 
                   IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND 
                   ASSISTANCE.

       Section 3120 of title 38, United States Code, is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
                                 ______