[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[Senate]
[Pages 22655-22670]
[From the U.S. Government Publishing Office, www.gpo.gov]




               VETERANS' BENEFITS IMPROVEMENT ACT OF 2008

  Ms. LANDRIEU. Mr. President, I ask the Chair to lay before the Senate 
a message from the House of Representatives with respect to S. 3023.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

                                S. 3023

       Resolved, That the bill from the Senate (S. 3023) entitled 
     ``An Act to amend title 38, United States Code, to improve 
     and enhance compensation and pension, housing, labor and 
     education, and insurance benefits for veterans, and for other 
     purposes'', do pass with an amendment.

  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House to the Senate bill and the motion 
to reconsider be laid upon the table; further, that any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on 
S. 3023, as amended, the proposed Veterans' Benefits Improvement Act of 
2008, as passed by the House of Representatives earlier this week. The 
bill, as it comes before the Senate, is a compromise agreement 
developed with our counterparts on the House Committee on Veterans' 
Affairs. I thank Chairman Filner and Ranking Member Buyer of the House 
committee for their cooperation on this legislation. I also thank my 
good friend, the committee's ranking member, Senator Burr, for his 
cooperation as we have developed this bill.
  This omnibus veterans' benefits bill will provide much needed support 
to our Nation's veterans. It contains provisions that are designed to 
enhance compensation, claims processing, housing, labor and education 
and insurance benefits for veterans. A full explanation of the Senate 
and House negotiated agreement can be found in the Joint Explanatory 
Statement, which I will ask appear in the Record at the conclusion of 
my remarks.
  I will highlight a few of the provisions that I have sponsored in the 
legislation that is before us today.
  This legislation would result in improved notices being sent to 
veterans concerning their claims for VA benefits. Following a number of 
decisions by the U.S. Court of Appeals for Veterans Claims and the U.S. 
Court of Appeals for the Federal Circuit, VA's notification letters to 
veterans about the status of their claims have become increasingly 
long, complex, and difficult to understand. These notification letters 
must be simplified, as veterans, VA, veterans' advocates, and outside 
review bodies have all recommended. The notices should focus on the 
specific type of claim presented. They should use plain and ordinary 
language rather than bureaucratic jargon. Veterans should not be 
subjected to confusing information as they seek benefits.
  To further improve the VA compensation system, this legislation would 
end the prohibition on judicial review in the U.S. Court of Appeals for 
the Federal Circuit of matters concerning the VA rating schedule. VA 
issues regulations which are used to assign ratings to veterans for 
particular

[[Page 22656]]

disabilities. Under current law, actions concerning the rating schedule 
are not subject to judicial review unless a constitutional challenge is 
presented. This legislation would amend the law to treat actions 
concerning the rating schedule in the same manner as all other actions 
concerning VA regulations.
  I expect VA to comply with all laws passed by Congress in developing 
and revising the rating schedule. However, justice to our Nation's 
veterans requires that actions concerning the rating schedule be 
subject to the same judicial scrutiny as is available for the review of 
actions involving other regulations.
  VA's Home Loan Guaranty Program may exempt homeowners from having to 
make a downpayment or secure private mortgage insurance, depending on 
the size of the loan and the amount of the VA guaranty.
  Public Law 108-454 increased VA's maximum guaranty amount to 25 
percent of the Freddie Mac conforming loan limit determined under 
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for 
a single-family residence, as adjusted for the year involved.
  The Economic Stimulus Act of 2008, Public Law 110-185, temporarily 
reset the maximum limits on home loans that the Federal Housing 
Administration may insure and that Fannie Mae and Freddie Mac may 
purchase on the secondary market to 125 percent of metropolitan-area 
median home prices but did so without reference to the VA home loan 
program. This had the effect of raising the Fannie Mae, Freddie Mac, 
and FHA limits to nearly $730,000, in the highest cost areas, while 
leaving the then-VA limit of $417,000 in place. On July 30, 2008, the 
Housing and Economic Recovery Act of 2008 was signed into law as Public 
Law 110-289. That law provided a temporary increase in the maximum 
guaranty amount for VA loans originated from July 30, 2008 through 
December 31, 2008, to the same level as provided in the stimulus act.
  The compromise agreement would extend the temporary increase in the 
maximum guaranty amount until December 31, 2011. This would enable more 
veterans to utilize their VA benefit to purchase more costly homes.
  The compromise agreement would also increase the maximum guaranty 
limit for refinance loans and increase the percentage of an existing 
loan that VA will refinance under the VA home loan program.
  Under current law, the maximum VA home loan guaranty limit for most 
loans in excess of $144,000 is equal to 25 percent of the Freddie Mac 
conforming loan limit for a single-family home. Public Law 110-289 set 
this value at approximately $182,437 through the end of 2008. This 
means lenders offering loans of up to $729,750 will receive up to a 25-
percent guaranty, which is typically required to place the loan on the 
secondary market. Under current law, this does not include regular 
refinance loans.
  Current law limits to $36,000 the guaranty that can be used for a 
regular refinance loan. This restriction means VA will not guarantee a 
regular refinance loan over $144,000, essentially precluding a veteran 
from using the VA program to refinance his or her existing FHA or 
conventional loan in excess of that amount.
  VA is also currently precluded from refinancing a loan if the 
homeowner does not have at least 10 percent equity in his or her home.
  The compromise agreement would remove the equity requirement for 
refinancing from an FHA loan or conventional loan to a VA-guaranteed 
loan. This would allow more veterans to use their VA benefit to 
refinance their mortgages. Many veterans do not have 10 percent equity 
and thus are precluded from refinancing with a VA-guaranteed home loan.
  Given the anticipated number of non-VA-guaranteed adjustable rate 
mortgages that are approaching the reset time when payments are likely 
to increase, the committee believes that it is prudent to facilitate 
veterans refinancing to VA-guaranteed loans. In light of today's 
housing and home loan crises, additional refinancing options will help 
some veterans bridge financial gaps and allow them to stay in their 
homes and escape possible foreclosures. These provisions would allow 
more qualified veterans to refinance their home loans under the VA 
program.
  This omnibus benefits bill would also make crucial updates to the 
Uniformed Services Employment and Reemployment Rights Act, which 
protects service members' rights to return to their prior jobs with the 
same wages and benefits. The provisions in the committee bill are 
derived from S. 2471, the proposed USERRA Enforcement Improvement Act 
of 2007, which Senator Kennedy and I introduced on December 13, 2007. 
This legislation would ensure that Federal agencies assist service 
members in a more effective manner by requiring the Department of Labor 
to investigate and refer cases in a more timely manner and by requiring 
reports from the Department of Labor on their compliance with the 
deadlines.
  The omnibus benefits bill includes a provision derived from S. 3000, 
the proposed Native American Veterans Access Act of 2008, which I 
introduced on May 8, 2008. This provision is intended improve VA's 
ability to understand and respond to the needs of Native American 
veterans. While Native Americans are more likely to serve in uniform 
than the general population, many of them find cultural and 
geographical barriers between themselves and the benefits they earned 
through service. In addition, those returning to traditional homelands, 
especially reservation communities, frequently come home to dismal job 
opportunities and starved economies. The proposed bill would require a 
study to help us understand the employment needs of Native American 
veterans and how best to address them.
  The compromise agreement also includes provisions derived from 
legislation I introduced on April 25, 2007, S. 1215, which would update 
the Special Unemployment Study required to be submitted by the 
Secretary of Labor to the Congress by mandating that it cover veterans 
of Post 9/11 global operations. It would also require the report to be 
submitted on an annual, rather than a biennial, basis. By updating this 
report, Congress will have more data available on more recent groups of 
veterans--those who served and are serving in the Post-9/11 global 
operations. This will help with assessments of the needs of current 
veterans entering the work force and develop appropriate responses.
  Before I close, I recognize and thank the individuals involved in 
putting together this comprehensive measure. Specifically, I thank 
Kimberly Ross, Brian Lawrence, Juan Lara, and Mike Brinck from the 
House committee and Amanda Meredith, Mindi Walker, and Kevin Tewes from 
the minority staff on the Senate Committee. I also thank the majority 
staff who assisted me in developing the compromise agreement and all 
the legislation that led up to it. Patrick McGreevy, Mary Ellen 
McCarthy, Ted Pusey, Babette Polzer, and Dahlia Melendrez have worked 
throughout the 110th Congress on many of the provisions included in 
this legislation, and I am pleased that our collective efforts have led 
to this compromise agreement becoming a reality.
  I urge our colleagues to support this important legislation that 
would benefit many of this Nation's nearly 24 million veterans and 
their families.
  Mr. President, I ask unanimous consent to have the Joint Explanatory 
Statement, which was developed with our colleagues in the House, 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
     Joint Explanatory Statement on Amendment to Senate Bill, S. 
         3023, as Amended
       S. 3023, as amended, the Veterans' Benefits Improvement Act 
     of 2008, reflects a Compromise Agreement reached by the House 
     and Senate Committees on Veterans' Affairs (the Committees) 
     on the following bills reported during the 110th Congress: 
     H.R. 674; H.R. 3681, as amended; H.R. 3889, as amended; H.R. 
     4255, as amended; H.R. 5664, as amended; H.R. 5892, as 
     amended; H.R. 6221, as amended; H.R. 6225, as amended, and 
     H.R. 6832 (House Bills); S. 1315, as amended; and S. 3023, as 
     amended (Senate Bills).
       H.R. 674 passed the House on July 31, 2008; H.R. 3681, as 
     amended, passed the House on

[[Page 22657]]

     May 20, 2008; H.R. 3889, as amended, passed the House on May 
     20, 2008; H.R. 4255, as amended, passed the House on July 31, 
     2008; H.R. 5664, as amended, passed the House on May 20, 
     2008; H.R. 5892, as amended, passed the House on July 30, 
     2008; H.R. 6221, as amended, passed the House on July 31, 
     2008; H.R. 6225, as amended, passed the House on July 31, 
     2008; H.R. 6832 passed the House on September 11, 2008; S. 
     1315, as amended, passed the Senate on April 24, 2008, and 
     passed the House, as amended, on September 22, 2008; and S. 
     3023, as amended, passed the Senate on September 16, 2008.
       The Committees have prepared the following explanation of 
     S. 3023, as further amended, to reflect a Compromise 
     Agreement between the Committees. Differences between the 
     provisions contained in the Compromise Agreement and the 
     related provisions of the House Bills and the Senate 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--Compensation and Pension Matters


   REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS BY THE 
 DEPARTMENT OF VETERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS

     Current Law
       Under current law, the Secretary has general authority to 
     issue regulations.
     Senate Bill
       Section 101 of S. 3023, as amended, would amend subsection 
     (a) of section 5103 of title 38, United States Code, to add a 
     new paragraph that would require the Department of Veterans 
     Affairs (VA) to promulgate regulations specifying the content 
     of notices required by the Veterans Claims Assistance Act 
     (VCAA). The regulations required by S. 3023 would provide 
     that the notice specify for each type of claim for benefits 
     the general information and evidence required to substantiate 
     the claim. The regulations would specify different content of 
     the notices depending on the type of claim concerned, whether 
     it be an original claim, a claim for reopening, or a claim 
     for increase in benefits. The Senate bill would provide 
     authority for additional or alternative content for notice if 
     appropriate to the particular benefit or services sought 
     under the claim. The regulations would also be required to 
     include in the notice the time period within which such 
     information and evidence must be submitted. The provision 
     would be applicable only to notices which would be sent on or 
     after the date the regulations are effective.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 101 of the Compromise Agreement generally follows 
     the Senate language.
       The Committees note that the notice required by section 
     5103 applies to all types of applications for benefits and 
     services. While the Committees recognize that veterans 
     seeking service-connected compensation are most likely to 
     receive VCAA notices, the Compromise Agreement specifically 
     provides that the notice shall provide that the content of 
     notices be appropriate to the type of benefits or services 
     sought. The Committees intend that the Compromise Agreement 
     would require a notice involving a pension claim to have 
     different content than a notice concerning a clothing 
     allowance or a claim for specially adapted housing.
       The Committees emphasize that VCAA notices are required 
     only in cases in which additional information or evidence is 
     needed to substantiate the claim. If the information and 
     evidence needed to substantiate the claim is submitted with 
     the application or contained in the claims file, no VCAA 
     notice is required. For example, claims for education, health 
     care, housing, vocational rehabilitation, and burial benefits 
     might contain sufficient information and evidence to 
     substantiate the claim without the necessity of a VCAA 
     notice.
       In other respects, the Committees agree that Senate Report 
     110-148 contains a full explanation of the provision 
     contained in the Compromise Agreement.


 JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE SECRETARY OF VETERANS 
    AFFAIRS OF THE SCHEDULE OF RATINGS FOR DISABILITIES OF VETERANS

     Current Law
       Under current law, section 502 of title 38, judicial review 
     of actions involving VA's rating schedule for disabilities is 
     prohibited.
     Senate Bill
       Section 102 of S. 3023, as amended, would authorize the 
     United States Court of Appeals for the Federal Circuit to 
     review VA actions relating to the adoption or revision of the 
     VA disability rating schedule in the same manner as other 
     comparable actions of the Secretary are reviewed.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 102 of the Compromise Agreement follows the Senate 
     language.


   CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS' 
 DISABILITY COMPENSATION OF DISABILITY SEVERANCE PAY FOR DISABILITIES 
        INCURRED BY MEMBERS OF THE ARMED FORCES IN COMBAT ZONES

     Current Law
       Section 1212 of title 10 stipulates the amount of severance 
     pay available to members of the Armed Forces who separate due 
     to a disability incurred in the line of duty. Section 1646 of 
     the Wounded Warrior Act, title XVI of Public Law 110-181, 
     amended section 1212 to adjust the computation of the amount 
     of such severance pay and to eliminate the requirement that 
     severance pay received by servicemembers for a disability 
     incurred in a combat zone be deducted from VA compensation.
       Section 1161 of title 38 stipulates that the deduction of 
     disability severance pay from disability compensation shall 
     be made at a monthly rate not in excess of the rate of 
     compensation to which the individual would be entitled based 
     on the individual's disability rating. Section 1161 makes 
     reference to subsection 1212(c) of title 10. However, Public 
     Law 110-181 did not include a conforming amendment to keep 
     section 1161 consistent with the changes made to section 
     1212.
     Senate Bill
       Section 104 of S. 3023, as amended, would make a conforming 
     amendment, so that section 1161 of title 38 will be 
     consistent with section 1212 of title 10. The amendment would 
     take effect on January 28, 2008, as if it had been included 
     in the Wounded Warrior Act. As a result, the amended section 
     1161 of title 38 would reflect the change to section 1212 of 
     title 10 eliminating the requirement that severance pay for a 
     disability incurred in a combat zone be deducted from 
     disability compensation from VA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 103 of the Compromise Agreement follows the Senate 
     language.


 REPORT ON PROGRESS OF THE SECRETARY OF VETERANS AFFAIRS IN ADDRESSING 
CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-
                         CONNECTED DISABILITIES

     Current Law
       There is no applicable provision in current law.
     Senate Bill
       Section 105 of S. 3023, as amended, would require VA to 
     submit a report to Congress describing the Department's 
     progress in addressing the causes for any unacceptable 
     variances in compensation payments to veterans.
       Section 105 would require VA to submit a report to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives describing the Department's progress in 
     addressing the causes of unacceptable variances in 
     compensation payments to veterans for service-connected 
     disabilities. The report would be due to the Committees not 
     later than one year after the date of enactment of this 
     section.
       Section 105 would require the report to include three 
     specific elements: (1) a description of the Veterans Benefits 
     Administration's efforts to coordinate with the Veterans 
     Health Administration (VHA) to improve the quality of 
     disability examinations performed by VHA and contract 
     clinicians, including the use of standardized templates; (2) 
     an assessment of the current personnel requirements at each 
     regional office for each type of claims adjudication 
     position; and (3) a description of the differences, if any, 
     in current patterns of submittal rates for claims from 
     various segments of the veterans population, including 
     veterans from rural and highly rural areas, minority 
     veterans, veterans who served in the National Guard or 
     Reserve, and military retirees.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 104 of the Compromise Agreement generally follows 
     the Senate language. The Committees acknowledge that it is 
     unreasonable to expect states to have exactly the same 
     average compensation or percentage of veterans receiving 
     compensation. In determining whether differences are 
     unacceptable, the Committees expect that the Secretary would 
     identify those that do not result from such basis demographic 
     discrepancies.


    EXTENSION OF TEMPORARY AUTHORITY FOR THE PERFORMANCE OF MEDICAL 
             DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS

     Current Law
       Public Law 104-275, the Veterans' Benefits Improvements Act 
     of 1996, authorized VA to carry out a pilot program of 
     contract disability examinations at ten VA regional offices 
     using amounts available for payment of compensation and 
     pensions. Public Law 108-183, the Veterans Benefits Act of 
     2003, provided additional authority to VA, on a time-limited 
     basis, to contract for disability examinations using 
     appropriated funds. This additional authority expires on 
     December 31, 2009.
     Senate Bill
       Section 604 of S. 3023, as amended, would amend section 
     704(c) of the Veterans Benefits

[[Page 22658]]

     Act of 2003 (Public Law 108-183) by striking ``December 31, 
     2009'' and inserting ``December 31, 2012.'' This would extend 
     VA's authority, through December 31, 2012, to use 
     appropriated funds for the purpose of contracting with non-VA 
     providers to conduct disability examinations.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 105 of the Compromise Agreement follows the Senate 
     language except that the authority extends only until 
     December 31, 2010.


    ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-
    CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS 
                                DISORDER

     Current Law
       Subsection 1112(b) of title 38 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, 
     in paragraph (2) of section 1112(b), requires no minimum 
     internment period and includes diseases associated with 
     mental trauma or acute physical trauma which could plausibly 
     be caused by even a single day of captivity. The second 
     presumptive list, found under paragraph (3) of section 
     1112(b), has a 30-day minimum internment requirement.
     Senate Bill
       Section 601 of S. 1315, as amended, would add osteoporosis 
     in veterans whom the Secretary has previously determined have 
     post-traumatic stress disorder (PTSD), to the list of 
     disabilities presumed to be service-connected in former 
     prisoners of war found under paragraph (3) of section 1112(b) 
     of title 38.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 106 of the Compromise Agreement follows the Senate 
     language.

 Title II--Modernization of Department of Veterans Affairs Disability 
                          Compensation System

                      Subtitle A--Benefits Matters


               AUTHORITY FOR TEMPORARY DISABILITY RATINGS

     Current Law
       Under current law, the Secretary has, under the Secretary's 
     general authority, issued regulations providing temporary 
     ratings for veterans with unstabilized medical conditions who 
     are recently discharged from active duty, hospitalized 
     veterans, veterans undergoing convalescent care, and veterans 
     who are discharged from active duty with a mental disorder 
     that develops as the result of a highly stressful event.
     House Bill
       Section 109 of H.R. 5892, as amended, would have provided 
     VA with authority to issue partial ratings and to act in a 
     more expeditious manner for claims presenting undisputed 
     severe and very severe injuries and in turn provide 
     compensation more quickly where the service-connection link 
     is indisputable. VA currently possesses the ability to issue 
     partial ratings, although this authority is not expressly 
     stated in statute. H.R. 5892, as amended, would expressly 
     grant VA that authority and require VA to issue a partial 
     rating in the instances where a veteran has sustained severe 
     injuries (50 percent or above) and very severe injuries (100 
     percent) that can be promptly rated, while deferring other 
     conditions that may not be ready to rate. VA and the 
     Department of Defense (DOD) have defined these conditions, 
     and they include limb amputations, paralysis, traumatic brain 
     injury (TBI), severe burns, blindness, deafness, along with 
     other radical injuries.
       The House bill also further clarified the language so that 
     VA could rate the indisputable injuries based solely on the 
     Department of Defense medical records, which would be 
     extensive for these categories of injuries.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 211 of the Compromise Agreement would codify the 
     various provisions for temporary ratings contained in current 
     regulations. Specifically, the Committees intend to provide a 
     specific statutory basis for the regulations currently found 
     at sections 4.28, 4.29, 4.30 and 4.129 of title 38, Code of 
     Federal Regulations.
       In addition to the authority currently contained in 
     regulations, the Compromise Agreement provides that veterans 
     discharged or released from active duty within 365 days of 
     application who have stabilized medical conditions would be 
     eligible to receive a temporary rating under certain 
     circumstances. In general, veterans with stabilized 
     disabilities would be eligible to receive a temporary rating 
     under conditions which are similar to those applied to 
     veterans with unstabilized conditions when a total rating is 
     not immediately assignable.
       The Committees intend that, under this new authority, a 
     veteran who has a stabilized condition, such as a healed 
     amputation, but has one or more severe disabilities for which 
     a total rating is not immediately assignable under the 
     regular provisions of the rating schedule or on the basis of 
     Individual Unemployability, could qualify for a temporary 
     rating when employment was adversely impacted by such 
     disabilities. The Compromise Agreement would permit such a 
     veteran to be eligible to receive a temporary rating when 
     such veteran has severe disabilities that result in 
     substantially gainful employment not being feasible or 
     advisable or the veteran has unhealed or incompletely healed 
     wounds or injuries that make material impairment of 
     employability likely. The Committees intend that, in 
     considering eligibility for a temporary rating under this 
     section, both stabilized and unstabilized conditions could be 
     considered in determining the impact of such disabilities 
     upon employment.
       The rating assigned under these conditions would be as 
     prescribed by the Secretary in regulations. The Committees 
     note that, where current regulations are adequate to address 
     the conditions for temporary ratings, as set forth in this 
     section, the Secretary would not be required to issue new 
     regulations.


                  SUBSTITUTION UPON DEATH OF CLAIMANT

     Current Law
       Currently, upon the death of a claimant with a claim or 
     appeal pending adjudication at the time of death, the 
     surviving spouse or other beneficiary is unable to take up 
     the claim where it is in the process and must refile the 
     claim separately as if submitting a new claim. Section 5121 
     of title 38 allows for survivors, in order of priority, to 
     refile this new claim for accrued benefits.
     House Bill
       Section 111 of H.R. 5892, as amended, would provide that, 
     in the event of the death of a veteran with a pending 
     disability claim, an eligible dependent as identified under 
     section 5121(a)(2) of title 38 would be authorized to 
     substitute for the deceased claimant rather than being forced 
     to re-file and restart the claim or appeal. This provision 
     would also allow an eligible survivor to submit additional 
     evidence for up to one year after the death of a veteran. 
     This provision further stipulates that only one person may be 
     treated as the claimant under this section. Additionally, if 
     the person who would be eligible to be a claimant under this 
     section certifies to the Secretary that he or she does not 
     want to be treated as the claimant for such purposes, he or 
     she may designate the person who could then be entitled to 
     receive the benefits under this section. The effective date 
     of this section would apply only to claims of veterans who 
     die on or after the date of enactment.
     Senate Bill
       The Senate bill contains no comparable provisions.
     Compromise Agreement
       Section 212 of the Compromise Agreement generally follows 
     the House language. However, the Compromise Agreement 
     stipulates that, not later than one year after the date of 
     the death of the claimant, the individual who would be 
     eligible to receive accrued benefits under section 5121(a) of 
     title 38 must file a request to be substituted as the 
     claimant for the purpose of processing the claim to 
     completion. This is the same time period within which 
     claimants for accrued benefits are required to file an 
     application for accrued benefits must file such a claim under 
     current law. Under the Compromise Agreement, any person 
     seeking substitution shall present evidence of the right to 
     claim such status within the time period prescribed by the 
     Secretary in regulations.


  REPORT ON COMPENSATION OF VETERANS FOR LOSS OF EARNING CAPACITY AND 
   QUALITY OF LIFE AND ON LONG-TERM TRANSITION PAYMENTS TO VETERANS 
      UNDERGOING REHABILITATION FOR SERVICE-CONNECTED DISABILITIES

     Current Law
       Under chapter 11 of title 38, VA pays compensation to 
     veterans who suffer disabilities as a result of an injury or 
     disease incurred or aggravated in the line of duty during 
     active duty. Section 1155 of title 38 requires VA to adopt 
     and apply a schedule of disability ratings, which is used to 
     determine the amount of compensation that will be provided. 
     That schedule is based on the average impairment of earning 
     capacity caused by a service-connected disability.
       In July 2007, the President's Commission on Care for 
     America's Returning Wounded Warriors recommended that 
     Congress restructure VA disability payments to include 
     transition payments and that VA update the rating schedule to 
     reflect current injuries and the impact of disability on 
     quality of life. In 2008, the Secretary entered into a 
     contract to conduct studies on those issues. The studies 
     examined the appropriate level of disability compensation to 
     be paid to veterans to compensate for loss of earning 
     capacity and loss of quality of life as a result of service-
     connected disabilities. The studies also examined the 
     feasibility and appropriate level of long-term transition 
     payments to veterans who are separated from the Armed Forces 
     due to a disability while

[[Page 22659]]

     those veterans are undergoing a program of rehabilitation.
     Senate Bill
       Section 106 of S. 3023, as amended, would require the 
     Secretary to provide Congress with a report regarding the 
     results of studies examining the appropriate compensation to 
     be provided to veterans for loss of earning capacity and loss 
     of quality of life caused by service-connected disabilities 
     and examining long-term transition payments to veterans 
     undergoing rehabilitation for service-connected disabilities.
       Section 106 also would require the Secretary to submit to 
     Congress a report including a comprehensive description of 
     the findings and recommendations of those studies; a 
     description of the actions proposed to be taken by the 
     Secretary in light of those findings and recommendations, 
     including a description of any proposed modifications to the 
     VA disability rating schedule or to other regulations or 
     policies; a schedule for the commencement and completion of 
     any actions proposed to be taken; and a description of any 
     legislative action required in order to authorize, 
     facilitate, or enhance any of the proposed actions. That 
     report would be due no later than 210 days after the date of 
     enactment.
     House Bill
       Section 102(a) of H.R. 5892, as amended, would require the 
     Secretary to conduct a study on adjusting the schedule for 
     rating disabilities adopted and applied under section 1155 of 
     title 38. It would require VA to complete the study within 
     180 days after the date of enactment and would require VA, 
     within 60 days after completing the study, to submit to 
     Congress a report on the study. Not later than 120 days after 
     the Secretary submits the report, the Secretary would be 
     required to submit a plan for readjusting the rating 
     schedule.
     Compromise Agreement
       Section 213 of the Compromise Agreement generally follows 
     the Senate language.


             ADVISORY COMMITTEE ON DISABILITY COMPENSATION

     Current Law
       There is no applicable provision in current law.
     House Bill
       Section 102(d) of H.R. 5892, as amended, would require the 
     Secretary to establish an 18-member Advisory Committee on 
     Disability Compensation. The Committee would consist of 
     individuals who have demonstrated civic or professional 
     achievement and who have experience in the provision of 
     disability compensation or have other relevant scientific or 
     medical expertise. The Secretary would determine the terms of 
     pay and service of such members, but their terms of service 
     would not exceed two years. The Secretary would be authorized 
     to reappoint members for subsequent terms.
       Section 102 would require the Committee to be responsible 
     for providing advice to the Secretary with respect to the 
     maintenance and periodic adjustment of the rating schedule.
       It would also require the Committee to submit annual 
     reports to the Secretary and require the Secretary to submit 
     reports and recommendations to the Committees on Veterans' 
     Affairs of the House and Senate.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 214 of the Compromise Agreement contains the House 
     provision with modifications. The Committees intend that this 
     Committee provide medical and scientific advice to the 
     Secretary concerning the maintenance and readjustment of the 
     rating schedule. Therefore, the Compromise Agreement provides 
     that membership be limited to individuals with experience 
     with the provision of disability compensation by the 
     Department or individuals who are leading medical or 
     scientific experts in relevant fields. The Compromise 
     Agreement extends the term of service of such members to four 
     years and provides that the terms are to be staggered so as 
     to provide for continuity of membership on the Committee. The 
     Compromise Agreement provides that the Secretary shall 
     appoint a Chair of the Committee.
       The Compromise Agreement specifically provides that the 
     Secretary shall ensure that appropriate personnel, funding, 
     and other resources are provided to the Committee to carry 
     out its responsibilities. The Compromise Agreement requires 
     the Committee to submit biennial reports to the Secretary. 
     The Compromise Agreement requires the Secretary to submit 
     such biennial reports to the Committees on Veterans' Affairs 
     of the Senate and House together with the recommendations of 
     the Committee and the Secretary.

             Subtitle B--Assistance and Processing Matters


  PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND 
        PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS

     Current Law
       Section 5103 of title 38 requires the Secretary to notify a 
     claimant of the information and medical or lay evidence 
     needed to substantiate the claimant's claim. Under section 
     5103A of title 38, the Secretary is required to assist the 
     claimant by making reasonable efforts to obtain evidence 
     necessary to substantiate the claimant's claim. In claims for 
     service-connection, this duty includes obtaining records held 
     by any Federal department or agency and by providing a 
     medical examination or opinion necessary to make a 
     determination on the claim. VA is required to comply with 
     these laws before issuing a decision on the claim.
     House Bill
       Section 107(a) of H.R. 5892, as amended, would require the 
     Secretary to provide for the expeditious treatment of any 
     fully developed claim. A fully developed claim would be 
     defined as a claim for which the claimant received assistance 
     from a veterans service officer, a State or county veterans 
     service officer, an agent, an attorney or for which the 
     claimant submits with the claim an indication that the 
     claimant does not want to submit any additional information 
     and does not require assistance with respect to the claim. 
     The claimant would certify in writing that no additional 
     information is available or needed to be submitted in order 
     for the claim to be adjudicated. The Secretary would be 
     required to decide such claims within 90 days of submittal.
       Section 107(b) of H.R. 5892, as amended, would require the 
     Secretary to amend the notice required by section 5103 of 
     title 38 to require the creation of a detailed checklist for 
     claims for specific requests of additional information or 
     evidence.
       The checklist would be required to be developed within 180 
     days of enactment.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 221 of the Compromise Agreement accepts the House 
     provision with an amendment that creates two pilot programs 
     to test the effectiveness of providing expedited treatment of 
     fully-developed claims and providing an additional checklist 
     that includes information or evidence required to be 
     submitted by the claimant to substantiate the claim. The 
     pilot program on expedited treatment of fully developed 
     claims would be carried out at 10 VA regional offices for a 
     period of one year beginning 60 days after the date of 
     enactment; the pilot program on the provision of checklists 
     to individuals submitting claims would be carried out at four 
     VA regional offices for a period of one year beginning 60 
     days after the date of enactment for original claims and for 
     a period of three years beginning 60 days after the date of 
     enactment for reopened claims and claims for increased 
     disability ratings. The Secretary would be required to 
     provide interim reports for each pilot authorized under this 
     section and final reports would be due to Congress upon 
     conclusion of the pilots.
       The Compromise Agreement provides that such checklist be 
     construed as an addendum to the notice required by section 
     5103 of title 38 and shall not be considered as part of the 
     notice for purposes of reversal or remand of a decision of 
     the Secretary. As such, the Committees stress that these 
     checklists are intended to serve only as guidance for 
     claimants and that any errors in these checklists should not 
     be the basis for a remand of the claimant's claim.
       The Committees expect that, in selecting locations for the 
     pilot projects, the Secretary shall ensure that regional 
     offices of various size and geographic location are included 
     in the pilot projects. The Committees encourage the Secretary 
     to locate the four pilot programs for the checklist at 
     locations selected for the expedited claims pilot projects.


                     OFFICE OF SURVIVORS ASSISTANCE

     Current Law
       There is no relevant provision in current law.
     House Bill
       Section 101 of H.R. 5892, as amended, would require VA to 
     create an Office of Survivors Assistance (Office) within the 
     Veterans Benefits Administration that would provide policy 
     and program analysis and oversight regarding all benefits and 
     services delivered by the VA to survivors of deceased 
     veterans and servicemembers.
       The Office would be responsible for ensuring that survivors 
     and dependents of deceased veterans and deceased members of 
     the Armed Forces have access to applicable benefits and 
     services provided under title 38. The Office would also be 
     responsible for regular and consistent monitoring of benefits 
     delivery to survivors and dependents and ensuring that 
     appropriate referrals are made with respect to various 
     administrations within the VA.
       The Office would act as a primary advisor to the Secretary 
     on all matters related to the policies, programs, legislative 
     issues, and other initiatives affecting such survivors and 
     dependents.
       The Secretary would be required to identify and include the 
     activities of the Office in the annual report to Congress 
     under section 529 of title 38.
       In establishing the Office, the Secretary would have to 
     seek guidance from interested stakeholders, including 
     veterans service organizations and other service 
     organizations.

[[Page 22660]]

       The Secretary would be required to ensure that appropriate 
     personnel, funding, and other resources are provided to the 
     Office to carry out its responsibilities.
     Senate Bill
       The Senate Bills contain no comparable provisions.
     Compromise Agreement
       Section 222 of the Compromise Agreement follows the House 
     language with modifications. In the Compromise Agreement, the 
     Office is established in the Department rather than in the 
     Veterans Benefits Administration (VBA). The Committees expect 
     that, by placing the Office under the Department, the full 
     spectrum of VA benefits and services for survivors would be 
     addressed.
       The Compromise Agreement does not specify the duties of the 
     office in the legislation. However, the Committees intend 
     that the Office be responsible for ensuring that the 
     surviving spouses, children and parents of deceased veterans, 
     including deceased members of the Armed Forces, have access 
     to applicable benefits and services under title 38. The 
     Committees expect that programs carried out by the Department 
     for such survivors will be conducted in a manner that is 
     responsive to their specific needs. The Committees expect the 
     Office to conduct regular and consistent monitoring of the 
     delivery of benefits and services to this population. The 
     Committees expect the Office to ensure that policies and 
     procedures are such that such survivors will receive 
     appropriate referrals to the relevant administrations and 
     offices of the Department, so that such survivors may receive 
     all of the benefits and services for which they are eligible.


  COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND INDEMNITY 
  COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE-
                         CONNECTED DISABILITIES

     Current Law
       VA dependency and indemnity compensation (DIC) is a benefit 
     that is paid to survivors of certain veterans. To be 
     eligible, the veteran's death must have resulted from: a 
     disease or injury incurred or aggravated in the line of duty 
     or active duty for training; an injury incurred or aggravated 
     in the line of duty while on inactive duty training; or, a 
     service-connected disability or a condition directly related 
     to a service-connected disability.
       DIC may also be paid to survivors of veterans who were 
     totally disabled from service-connected conditions at the 
     time of death, even if the death was not caused by their 
     service-connected disabilities. To be eligible for the 
     benefit under this circumstance, the veteran must have been 
     rated totally disabled for the ten years preceding death; 
     rated totally disabled from the date of military discharge 
     and for at least five years immediately preceding death; or, 
     a former prisoner of war who died after September 30, 1999, 
     and who was rated totally disabled for at least one year 
     immediately preceding death.
       Surviving spouses of veterans who died on or after January 
     1, 1993, receive a basic rate, plus additional amounts for 
     dependent children. Surviving spouses of veterans who died 
     prior to January 1, 1993, receive an amount based on the 
     deceased veteran's military pay grade, plus additional 
     amounts for dependents.
     Senate Bill
       Section 807 of S. 1315, as amended, would require the 
     Comptroller General to report on the adequacy of DIC to 
     maintain survivors of veterans who die from service-connected 
     disabilities. The Comptroller General would be required to 
     submit, to the Committees on Veterans' Affairs of the Senate 
     and House of Representatives, a report regarding the adequacy 
     of the benefits to survivors in replacing the deceased 
     veteran's income. The Comptroller General would be required 
     to include a description of the current system of payment of 
     DIC to survivors, including a statement of DIC rates; an 
     assessment of the adequacy of DIC in replacing a deceased 
     veteran's income; and any recommendations that the 
     Comptroller General considers appropriate in order to improve 
     or enhance the effects of DIC in replacing the deceased 
     veteran's income. The Comptroller General would be required 
     to submit the report not later than ten months after the date 
     of enactment of the provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 223 of the Compromise Agreement follows the Senate 
     language.


          INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE PROGRAM

     Current Law
       Section 7731 of title 38 requires the Secretary to carry 
     out a quality assurance program within the Veterans Benefits 
     Administration. Under this provision, the Secretary has 
     elected to carry out a separate quality assurance program, 
     the Systematic Technical Accuracy Review (STAR), for 
     measuring compensation and pension claims processing 
     accuracy.
     House Bill
       Section 106 of H.R. 5892, as amended, would require the 
     Secretary to contract with an independent third-party entity 
     for an annual quality assurance assessment. The assessment 
     would measure a statistically valid sample of VBA employees 
     and their work product to assess quality and accuracy. The 
     provision would also require the production of automated 
     categorizable data to help identify trends. Under this 
     provision, the Secretary would be required to use information 
     gathered through the annual assessment to develop an employee 
     certification as found in section 105 of H.R. 5892, as 
     amended.
     Senate Bill
       The Senate Bills contain no similar provision.
     Compromise Agreement
       Section 224 of the Compromise Agreement follows the House 
     bill with modifications. Under the Compromise Agreement, the 
     Secretary would enter into a contract with an independent 
     third-party entity to conduct a three-year assessment of the 
     quality assurance program. The Committees intend that this 
     provision would be applicable only to quality assurance 
     programs involving the adjudication of claims for 
     compensation and pension benefits. The Compromise Agreement 
     does not include language from section 106 of H.R. 5892, as 
     amended, which would have expressly required the Secretary to 
     ensure the accuracy and consistency across different regional 
     offices with the Department as an amendment to 7731, of title 
     38, United States Code. However, the Committees agree that 
     the Secretary should strive to reduce variances in ratings 
     for disability compensation between regional offices. The 
     Committees note that section 104 of the Compromise Agreement 
     requires a report from the Secretary in addressing 
     unacceptable variances in compensation payments.
       The Compromise Agreement also contains provisions from the 
     House bill which would require the Secretary to retain, 
     monitor, and store in an accessible format certain data with 
     respect to claims for service-connected disability 
     compensation. The Committee recognizes that sex and race data 
     are not kept by the Department within the database utilized 
     by the Veterans Benefits Administration at this time and, 
     therefore, excluded those items from the data required to be 
     collected.
       In other respects, the Compromise Agreement generally 
     follows the House bill. The Committees agree that House 
     Report 110-789 contains a full explanation of the House 
     provisions which were modified in the Compromise Agreement.


   CERTIFICATION AND TRAINING OF EMPLOYEES OF THE VETERANS BENEFITS 
            ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS

     Current Law
       The Secretary has general authority to manage and provide 
     for certification of employees of the Department. There is no 
     specific applicable provision in current law.
     House Bill
       Section 105 of H.R. 5892, as amended, would require the 
     Secretary to develop a certification examination to test 
     appropriate VBA employees and managers who are responsible 
     for processing claims for benefits. The Secretary would be 
     required to develop such examinations in consultation with 
     specified stakeholders. The Secretary would be directed to 
     require such employees and managers to take a certification 
     examination. The Secretary would be prohibited from 
     satisfying the requirements of the bill through the use of 
     any certification examination or program that exists as of 
     the date of enactment of the bill.
       The House provision would also require the Secretary to 
     contract with an outside entity to conduct an evaluation of 
     VBA's training and quality assurance programs within 180 days 
     of enactment and provide the results of such evaluation to 
     Congress.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 225 of the Compromise Agreement follows the House 
     language with modifications. The Compromise Agreement would 
     apply only to employees and managers who are responsible for 
     processing claims for compensation and pension benefits. By 
     using the general term ``compensation and pension'' benefits, 
     the Committees intend that the provision would apply to 
     employees and managers responsible for processing claims for 
     all monetary benefits paid to veterans and survivors, 
     including DIC, death compensation, death pension and benefits 
     paid to children under chapter 18 of title 38.
       Under the Compromise Agreement, the Secretary is required 
     to consult with examination development experts, interested 
     stakeholders, and employee representatives and consider the 
     data produced under section 7731(c)(3) of title 38 as added 
     by section 224 of the bill.
       The Compromise Agreement does not contain the prohibition 
     on use of certification examinations or programs that 
     currently exist as in H.R. 5892, as amended. However, the 
     Compromise Agreement requires the Secretary to develop an 
     updated certification examination no later than one year

[[Page 22661]]

     after the date of enactment of this bill and to begin using 
     the updated examination within 90 days after the date on 
     which development of the updated examination is complete.
       The Compromise Agreement does not include the House 
     provision requiring that VA contract for an evaluation. 
     However, it does require the Comptroller General of the 
     United States to evaluate the training programs administered 
     for employees of the Veterans Benefits Administration and 
     submit a report on the findings of the evaluation to the 
     Committees.


  STUDY OF PERFORMANCE MEASURES FOR CERTAIN EMPLOYEES OF THE VETERANS 
                        BENEFITS ADMINISTRATION

     Current Law
       There is no applicable provision in current law.
     House Bill
       Section 103 of H.R. 5892, as amended, would require the 
     Secretary to conduct a study of VBA's work credit system, 
     which is used to measure the work production of VBA 
     employees. This section of the House bill would require that 
     the Secretary consider the advisability of implementing: 
     performance standards and accountability measures; guidelines 
     and procedures for the prompt processing of claims that are 
     ready to rate upon submission; guidelines and procedures for 
     the processing of such claims submitted by severely injured 
     and very severely injured veterans; and requirements for 
     assessments of claims processing at each regional office for 
     the purposes of producing lessons learned and best practices. 
     A report on the study would be required no later than 180 
     days after the Secretary submits to Congress the report; and 
     the Secretary would be obligated to establish a new system 
     for evaluating work production. This section of H.R. 5892, as 
     amended, would prohibit the Secretary from awarding a work 
     credit to any employee of the Department if the Secretary has 
     not implemented a new system within the time specified.
       Section 104 of H.R. 5892, as amended, would require the 
     Secretary to conduct a study on the work management system of 
     the Veterans Benefits Administration designed to improve 
     accountability, quality, and accuracy and reducing the time 
     for processing claims for benefits.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 226 of the Compromise Agreement generally follows 
     the House language with modifications. Under the Compromise 
     Agreement, the Secretary would be required to conduct a study 
     on the effectiveness of the current employee work credit 
     system and the work management system of the Veterans 
     Benefits Administration which is used to measure and manage 
     the work production of employees of the Veterans Benefits 
     Administration who handle claims for compensation and pension 
     benefits. The Secretary would be required to report to 
     Congress on the work credit system and work management system 
     no later than October 31, 2009. The report would be required 
     to identify the components required to implement an updated 
     system for evaluating such VBA employees.
       In addition, the Compromise Agreement requires that not 
     later than 210 days after the date on which the Secretary 
     submits to Congress the report required under this section, 
     the Secretary shall establish an updated system, based upon 
     the findings of the study, for evaluating the performance and 
     accountability of VBA employees who are responsible for 
     processing claims for compensation or pension benefits.


  REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY IN VETERANS 
                        BENEFITS ADMINISTRATION

     Current Law
       There is no applicable provision in current law.
     House Bill
       Section 110 of H.R. 5892, as amended, would require the 
     Secretary to conduct a review, no later than one year after 
     the date of enactment of this Act, on the use of information 
     technology within the Veterans Benefits Administration. It 
     also requires the Secretary to develop a comprehensive plan 
     for use of such technology in processing claims for benefits 
     so as to reduce subjectivity, avoidable remands, and regional 
     office variances in disability ratings for specific 
     disabilities.
       The House bill would also require that the comprehensive 
     plan include information technology upgrades including web 
     portals, rules-based expert systems, and decision support 
     software.
       Under the House bill, a report on the progress of the 
     review and plan would be due to Congress by no later than 
     January 1, 2009.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 227 of the Compromise Agreement generally follows 
     the House bill, except that it clarifies two of the 
     comprehensive plan requirements contained in section 110 of 
     H.R. 5892, as amended. The Compromise Agreement gives the 
     Secretary the discretion to include the following elements, 
     to the extent practicable: the ability for benefits' 
     claimants to view applications online and compliance with 
     security requirements as noted in section 227(b)(3)(B)(ii) of 
     the Compromise Agreement.
       The Compromise Agreement also requires that the plan be 
     developed, not later than one year after date of enactment.
       The Compromise Agreement requires, no later than April 1, 
     2010, a report to Congress on the review and the 
     comprehensive plan required under this section.


         STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL ADVICE

     Current Law
       There is no applicable provision in current law.
     House Bill
       Section 108 of H.R. 5892, as amended, would require the 
     Secretary to conduct a study to evaluate the need of the 
     Veterans Benefits Administration to employ medical 
     professionals who are not physicians, to act as a medical 
     reference for employees of the Administration so that such 
     employees may accurately assess medical evidence submitted in 
     support of claims for benefits under laws administered by the 
     Secretary. The House bill would prohibit any medical 
     professionals of the Veterans Health Administration from 
     being employed to rate any disability or evaluate any claim. 
     It would require the Secretary to conduct a statistically 
     significant survey of VBA employees to ascertain whether, 
     how, and to what degree medical professionals could provide 
     assistance to such employee.
       Section 108 would also require the Secretary to submit to 
     Congress a report, within 180 days of enactment of the bill, 
     to evaluate the need to employ such medical professionals. If 
     the Secretary hired medical professionals pursuant to this 
     study, the House bill would require that all employees of all 
     VBA regional offices have access to the medical 
     professionals.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 228 of the Compromise Agreement generally follows 
     the House language with modifications. The Compromise 
     Agreement requires the Secretary to conduct a study to assess 
     the feasibility and advisability of various mechanisms to 
     improve communication between the Veterans Benefits 
     Administration and the Veterans Health Administration when 
     needed by Veterans Benefits Administration employees to carry 
     out their duties. The study is also required to evaluate 
     whether additional medical professionals are necessary to 
     provide access to relevant Veterans Benefits Administration 
     employees. The Compromise Agreement omits the requirement in 
     the House bill for a statistically significant study of 
     employees.

                 Title III--Labor and Education Matters

                Subtitle A--Labor and Employment Matters


                   REFORM OF USERRA COMPLAINT PROCESS

     Current Law
       Chapter 43 of title 38 provides reemployment and employment 
     rights to servicemembers, veterans, and those who seek to 
     join a uniformed service through the Uniformed Services 
     Employment and Reemployment Rights Act (USERRA). Individuals 
     can privately enforce their rights by filing a complaint in 
     federal or state court, or, in the case of a complaint 
     against a federal employer, by submitting a complaint to the 
     Merit Systems Protection Board (MSPB). In addition, 
     individuals can request assistance from the federal 
     government by filing a complaint with the Department of 
     Labor's Veterans' Employment and Training Service (DOL VETS), 
     which investigates and attempts to resolve complaints, and, 
     if requested, will refer complaints for litigation. DOL VETS 
     refers complaints against federal agencies to the Office of 
     Special Counsel (OSC) and complaints against private sector 
     employers and state and local governments to the Attorney 
     General. The Special Counsel or Attorney General may 
     represent individuals before the MSPB or in federal court, 
     respectively.
     Senate Bill
       Section 302 of S. 3023, as amended, would create deadlines 
     for DOL VETS, OSC, and the Attorney General to provide 
     assistance to servicemembers who believe that their rights 
     under USERRA have been violated.
       Within 5 days of receiving a USERRA complaint, DOL VETS 
     would be required to notify a complainant in writing about 
     his or her rights to receive governmental assistance, 
     including the right to request a referral and the relevant 
     deadlines that the federal agencies must meet and within 90 
     days of receiving the complaint, DOL VETS would be required 
     to complete its assistance and investigation and notify the 
     complainant of the results and his or her rights, including 
     the right to request a referral and the deadlines federal 
     agencies must meet. Within 48 days after receiving a request 
     for a referral, DOL would be required to refer a complaint to 
     OSC or the Attorney General. Within 60

[[Page 22662]]

     days of receiving a referral, OSC or the Attorney General 
     would be required to determine whether to provide legal 
     representation to the complainant and notify the complainant 
     of that decision in writing.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 311 of the Compromise Agreement follows the Senate 
     language.


 MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO 
                         ENFORCEMENT OF USERRA

     Current Law
       Under current law, the Secretary of Labor must file an 
     annual report to Congress that includes the number of cases 
     reviewed by DOL VETS and the Department of Defense Employer 
     Support of the Guard and Reserve, the number of cases 
     referred to OSC and the Attorney General, and the number of 
     complaints filed by the Attorney General.
     Senate Bill
       Section 303 of S. 3023, as amended, would expand the 
     reporting requirements regarding the federal government's 
     enforcement of USERRA by requiring data on the number of 
     individuals whose cases are reviewed by both the Department 
     of Defense Employer Support of the Guard and Reserve (DOD 
     ESGR), DOL VETS, OSC, and the Attorney General that involve a 
     disability-related issue, and the number of cases that 
     involve a person with a service-connected disability. In 
     addition, the Senate bill would change the date on which the 
     report is required.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 312 of the Compromise Agreement follows the Senate 
     language.


 TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL ON EMPLOYMENT 
      AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

     Current Law
       There is no applicable provision in current law.
     Senate Bill
       Section 304 of S. 3023, as amended, would add a new section 
     to chapter 43 of title 38 to require the head of each Federal 
     executive agency to provide training for human resources 
     personnel on the rights, benefits, and obligations of members 
     of the Armed Forces under USERRA and the administration of 
     USERRA by Federal executive agencies. It would require that 
     the training be developed and provided in consultation with 
     the Office of Personnel Management. The training would be 
     provided as often as specified by the Director of the Office 
     of Personnel Management in order to ensure that the human 
     resources personnel are kept fully and currently informed 
     about USERRA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 313 of the Compromise Agreement follows the Senate 
     language.


 report on the employment needs of native american veterans living on 
                              tribal lands

     Current Law
       There is no applicable provision in current law.
     Senate Bill
       Section 305 of S. 3023, as amended, would require a report 
     by the Secretary of Labor on efforts to address the 
     employment needs of Native American veterans living on tribal 
     lands.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 314 of the Compromise Agreement follows the Senate 
     language.


                             equity powers

     Current Law
       Under section 4323(e) of title 38 courts may, in an action 
     brought against a State or private employer, use their full 
     equity powers to vindicate the rights or benefits of 
     individuals provided under USERRA.
     House Bill
       Section 2 of H.R. 6225, as amended, would amend section 
     4323(e) of title 38 to require that, in USERRA actions 
     brought against private or State employers, courts shall use 
     their equity powers in any case in which the court determines 
     it is appropriate.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 315 of the Compromise Agreement follows the House 
     language.


waiver of residency requirement for directors for veterans' employment 
                              and training

     Current Law
       Section 4103(a)(2) of title 38 requires that each State 
     Director of Veterans' Employment and Training (SDVET) have 
     been, at the time of appointment, a bona fide resident of the 
     State for at least two years.
     Senate Bill
       Section 303 of S. 1315, as amended, would permit waiver of 
     a residency requirement for SDVETs.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 316 of the Compromise Agreement follows the Senate 
     language.


modification of special unemployment study to cover veterans of post 9/
                          11 global operations

     Current Law
       Section 4110A of title 38 requires the Secretary of Labor, 
     through the Bureau of Labor Statistics, to submit a report 
     every two years on the employment and unemployment 
     experiences of Vietnam-era veterans, Vietnam-theater 
     veterans, special disabled veterans, and recently separated 
     veterans.
     Senate Bill
       Section 304 of S. 1315, as amended, would update this 
     special unemployment study to focus on veterans of the Post-
     9/11 Global Operations period and require an annual report.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 317 of the Compromise Agreement generally follows 
     the Senate language, except that the report would be required 
     to include veterans of the Vietnam era, as well as veterans 
     of the Post-9/11 Global Operations period.

                     Subtitle B--Education Matters


 modification of period of eligibility for survivors' and dependents' 
 educational assistance of certain spouses of individuals with service-
          connected disabilities total and permanent in nature

     Current Law
       Under the Survivors' and Dependents' Educational Assistance 
     (DEA) program, VA provides up to 45 months of education 
     benefits to certain children or spouses of military 
     personnel. For instance, the spouse of a veteran or 
     servicemember may be eligible for benefits if the veteran 
     died, or is permanently and totally disabled, as the result 
     of a service-connected disability or if the veteran died from 
     any cause while a permanent and total service-connected 
     disability was in existence.
       The spouse generally must use these education benefits 
     within ten years after the date on which the veteran dies or 
     is found to be permanently and totally disabled. However, if 
     the servicemember died while on active duty, the spouse may 
     use the education benefits during the twenty-year period 
     after the servicemember's death.
     Senate Bill
       Section 311 of S. 3023, as amended, would extend from ten 
     years to twenty years the time within which the spouses of 
     certain severely injured veterans have to use their DEA 
     benefits. Specifically, the twenty-year period would be 
     available to a spouse of a veteran who becomes permanently 
     and totally disabled within three years after discharge from 
     service, if the spouse remains married to the veteran.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 321 of the Compromise Agreement follows the Senate 
     language.


 repeal of requirement for report to the secretary of veterans affairs 
                           on prior training

     Current Law
       Under current law, State approving agencies approve, for VA 
     education benefits purposes, the application of educational 
     institutions providing non-accredited courses if the 
     institution and its courses meet certain criteria. Among 
     these is the requirement that the institution maintain a 
     written record of the previous education and training of the 
     eligible person and what credit for that training has been 
     given the individual. The institution must notify both VA and 
     the eligible person regarding the amount of credit the school 
     grants for previous training.
     Senate Bill
       Section 312 of S. 3023, as amended, would repeal the 
     requirement that an educational institution providing non-
     accredited courses notify VA of the credit granted for prior 
     training of certain individuals.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 322 of the Compromise Agreement contains the Senate 
     provision.


 modification of waiting period before affirmation of enrollment in a 
                         correspondence course

     Current Law
       Under current law, in the case of courses offered through 
     correspondence, an enrollment agreement signed by a veteran, 
     spouse,

[[Page 22663]]

     or surviving spouse will not be effective unless he or she, 
     after ten days from the date of signing the agreement, 
     submits a written and signed statement to VA affirming the 
     enrollment agreement. In the event the individual at any time 
     notifies the institution of his or her intention not to 
     affirm the agreement, the institution, without imposing any 
     penalty or charging any fee, shall promptly make a refund of 
     all amounts paid.
     Senate Bill
       Section 313 of S. 3023, as amended, would decrease to five 
     days the waiting period before affirmation of enrollment in a 
     correspondence course may be finalized for purposes of 
     receiving educational assistance from VA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 323 of the Compromise Agreement follows the Senate 
     language.


  change of programs of education at the same educational institution

     Current Law
       Under current law, a student who desires to initiate a 
     program of education must submit an application to VA in the 
     form prescribed by the Department. If the student decides a 
     different program is more advantageous to his or her needs, 
     that individual may change his or her program of study once. 
     However, additional changes require VA to determine that the 
     change is suitable to the individual's interests and 
     abilities. It is rare for VA to deny a change of program, 
     especially if the student is continuing in an approved 
     program at the same school.
     Senate Bill
       Section 314 of S. 3023, as amended, would repeal the 
     requirement that an individual notify VA when the individual 
     changes educational programs but remains enrolled at the same 
     educational institution.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 324 of the Compromise Agreement follows the Senate 
     language.


 repeal of certification requirement with respect to applications for 
              approval of self-employment on-job training

     Current Law
       Under current law, all provisions of title 38 that apply to 
     VA's other on-job training (OJT) programs (except the 
     requirement that a training program has to be for at least 
     six months) apply to franchise-ownership OJT, including the 
     requirement that the trainee earn wages that are increased on 
     an incremental basis.
     Senate Bill
       Section 315 of S. 3023, as amended, would exempt on-the-job 
     training programs from the requirement to provide 
     participants with wages if the training program is offered in 
     connection with the purchase of a franchise.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 325 of the Compromise Agreement follows the Senate 
     language.


coordination of approval activities in the administration of education 
                                benefits

     Current Law
       Under chapter 36 of title 38 VA contracts for the services 
     of State approving agencies (SAAs) for the purpose of 
     approving programs of education at institutions of higher 
     learning, apprenticeship programs, on-job training programs, 
     and other programs that are located within each SAA's State 
     of jurisdiction. Generally SAA approval of these programs is 
     required before beneficiaries may use their educational 
     assistance benefits to pay for them. The Departments of 
     Education and Labor also assess education and training 
     programs for various purposes, primarily for awarding student 
     aid and providing apprenticeship assistance.
     Senate Bill
       Section 301 of S. 1315, as amended, would amend section 
     3673 of title 38 to require VA to take appropriate actions to 
     ensure the coordination of approval activities performed by 
     SAAs and approval activities performed by the Department of 
     Labor, the Department of Education, and other entities in 
     order to reduce overlap and improve efficiency in the 
     performance of those activities.
     House Bill
       The House Bills have no comparable provision.
     Compromise Agreement
       Section 326 of the Compromise Agreement follows the Senate 
     language.

             Subtitle C--Vocational Rehabilitation Matters


Waiver of 24-MONTH LIMITATION ON PROGRAM OF INDEPENDENT LIVING SERVICES 
 AND ASSISTANCE FOR VETERANS WITH A SEVERE DISABILITY INCURRED IN THE 
                   POST-9/11 GLOBAL OPERATIONS PERIOD

     Current Law
       Under chapter 31 of title 38 VA may provide services to 
     certain veterans with service-connected disabilities to help 
     them achieve maximum independence in daily living. Under 
     section 3105 of title 38 the general rule is that no more 
     than 24-months of these services may be provided to a 
     veteran. However, under section 3105(d) of title 38 the 
     period may be extended if ``the Secretary determines that a 
     longer period is necessary and likely to result in a 
     substantial increase in a veteran's level of independence in 
     daily living.''
     Senate Bill
       Section 301 of S. 3023, as amended, would amend section 
     3105(d) of title 38 to allow VA, without having to make such 
     a determination, to extend the 24-month cap on independent 
     living services for any veteran who served on active duty 
     during the Post-9/11 Global Operations period and incurred or 
     aggravated a severe disability during that service.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 331 of the Compromise Agreement follows the Senate 
     language.


  INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN INDEPENDENT 
                             LIVING PROGRAM

     Current Law
       Section 3120(e) of title 38 authorizes VA to initiate a 
     program of independent living services for no more than 2,500 
     service-connected disabled veterans in each fiscal year.
     Senate Bill
       The Senate Bills contains no comparable provision.
     House Bill
       Section 301 of H.R. 6832 increases to 2,600 the number of 
     veterans who may initiate a program of independent living 
     services in any fiscal year.
     Compromise Agreement
       Section 332 of the Compromise Agreement follows the House 
     language.


   REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN COMPLETING 
                       VOCATIONAL REHABILITATION

     Current Law
       Under chapter 31 of title 38, VA provides vocational 
     rehabilitation and employment services to veterans with 
     service-connected disabilities. In its July 2007 report, the 
     President's Commission on Care for America's Returning 
     Wounded Warriors found that, ``of the 65,000 who apply for 
     [VA's Vocational Rehabilitation and Employment program] each 
     year, at most 10,000 of all ages complete the employment 
     track in the program each year.'' The Commission also found 
     that ``the effectiveness of various vocational rehabilitation 
     programs is not well established, and the VA should undertake 
     an effort to determine which have the greatest long-term 
     success.'' In addition, the Commission recommended that ``VA 
     should develop financial incentives that would encourage 
     completion'' of vocational rehabilitation.
     Senate Bill
       Section 306 of S. 3023, as amended, would require VA to 
     conduct a study that would identify the various factors that 
     may prevent or preclude veterans from successfully completing 
     their vocational rehabilitation plans. It would also require 
     identification of actions that the Secretary may take to 
     address such factors. Not later than 270 days after beginning 
     the study, VA would be required to submit to the Committees 
     on Veterans' Affairs of the Senate and House of 
     Representatives a report including the findings of the study 
     and any recommendations on actions that should be taken in 
     light of that study.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 333 of the Compromise Agreement generally follows 
     the Senate language, except that it includes language to 
     specify that the study is required only to the extent that it 
     does not duplicate elements of a VA study or report released 
     during the one-year period after the date of enactment.


    LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS AFFAIRS VOCATIONAL 
                        REHABILITATION PROGRAMS

     Current Law
       Under chapter 31 of title 38 VA provides vocational 
     rehabilitation and employment services for certain veterans 
     with service-connected disabilities. VA currently collects 
     data that does not accurately demonstrate the long-term 
     results of participation in, or completion of, VA's 
     vocational rehabilitation and employment program. Typically, 
     VA knows how long a veteran spends in the various phases in 
     long-term training and the costs related to that 
     participation. However, VA does not collect data on earnings, 
     promotions, and other long-term employment-related data 
     following completion of the program. VA also does not collect 
     data on those who may qualify for the program but do not 
     complete the track of the program appropriate to their 
     situation.
     House Bill
       Section 1 of H.R. 3889 would require VA, subject to the 
     availability of appropriated

[[Page 22664]]

     funds, to conduct a longitudinal study, over a period of at 
     least 20 years, of a statistically valid sample of certain 
     groups of individuals who participate in VA's vocational 
     rehabilitation and employment program. The groups of 
     individuals would include those who begin participating in 
     the vocational rehabilitation program during fiscal year 
     2009, those individuals who begin participating in such a 
     program during fiscal year 2011, and those individuals who 
     begin participating in such a program during fiscal year 
     2014.
       By not later than July 1 of each year covered by the study, 
     the Secretary would be required to submit to the Committees 
     on Veterans' Affairs of the Senate and House of 
     Representatives a report on the study during the preceding 
     year. The Secretary would be required to include in the 
     report any data necessary to determine the long-term outcomes 
     of the individuals participating in the program. In addition, 
     each report would be required to contain (1) the number of 
     individuals participating in vocational rehabilitation 
     programs who suspended participation in such a program during 
     the year covered by the report; (2) the average number of 
     months such individuals served on active duty; (3) the 
     distribution of disability ratings of such individuals; (4) 
     the types of other benefits administered by the Secretary 
     received by such individuals; (5) the types of social 
     security benefits received by such individuals; (6) any 
     unemployment benefits received by such individuals; (7) the 
     average number of months such individuals were employed 
     during the year covered by the report; (8) the average annual 
     starting and ending salaries of such individuals who were 
     employed during the year covered by the report; (9) the 
     number of such individuals enrolled in an institution of 
     higher learning; (10) the average number of academic credit 
     hours, degrees, and certificates obtained by such individuals 
     during the year covered by the report; (11) the average 
     number of visits such individuals made to VA medical 
     facilities during the year covered by the report; (12) the 
     average number of visits such individuals made to non-VA 
     medical facilities during the year covered by the report; 
     (13) the average annual income of such individuals; (14) the 
     average total household income of such individuals for the 
     year covered by the report; (15) the percentage of such 
     individuals who own their principal residences; and (16) the 
     average number of dependents of each such veteran.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 334 of the Compromise Agreement generally follows 
     the House language, except that study participants would be 
     selected from those individuals who begin participating in 
     VA's vocational rehabilitation program during fiscal years 
     2010, 2012, and 2014.

                      Title IV--Insurance Matters


REPORT ON INCLUSION OF SEVERE AND ACUTE POST-TRAUMATIC STRESS DISORDER 
AMONG CONDITIONS COVERED BY TRAUMATIC INJURY PROTECTION COVERAGE UNDER 
                  SERVICEMEMBERS' GROUP LIFE INSURANCE

     Current Law
       Section 1980A of title 38 provides traumatic injury 
     protection coverage under the Servicemembers Group Life 
     Insurance (SGLI) program. Traumatic Servicemembers Group Life 
     Insurance (TSGLI) provides coverage against qualifying losses 
     incurred as a result of a traumatic injury event. In the 
     event of a loss, VA will pay between $25,000 and $100,000 
     depending on the severity of the qualifying loss. At present, 
     active duty and reserve component servicemembers with any 
     amount of SGLI coverage are automatically covered under 
     TSGLI. A premium (currently $1 monthly) is collected from 
     covered members to meet peacetime program expenses; the DOD 
     is required to fund TSGLI program costs associated with the 
     extra hazards of military service.
       Subsection (b)(1) of section 1980A lists some qualifying 
     losses for which injured servicemembers are covered under 
     TSGLI, including, among others, complete loss of vision, 
     complete loss of hearing, amputation of a hand or foot and 
     the inability to carry out the activities of daily living 
     resulting from injury to the brain. PTSD is not currently 
     among the conditions classified as qualifying a loss.
     Senate Bill
       Section 501 of S. 3023, as amended, would require VA, in 
     consultation with the Department of Defense, to submit a 
     report to Congress assessing the feasibility of and 
     advisability of including severe and acute PTSD among the 
     conditions covered by TSGLI. The report would be due to the 
     Committees not later than 180 days after enactment of this 
     bill.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 401 of the Compromise Agreement follows the Senate 
     language.


     TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER 
                  SERVICEMEMBERS' GROUP LIFE INSURANCE

     Current Law
       In 2001, section 4 of the Veterans' Survivor Benefits 
     Improvements Act of 2001, Public Law 107-14, established a 
     program of family insurance coverage under SGLI through which 
     an SGLI-insured member's insurable dependents could also be 
     insured. Section 1965(10) of title 38 defines insurable 
     dependents as the member's spouse, and the member's child. 
     Section 101(4)(A) of title 38 defines the term child as a 
     person who is unmarried and under the age of 18 years; who 
     became permanently incapable of self support before attaining 
     the age of 18; or a dependent over the age of 18 that is 
     pursuing education or training at an approved institution. 
     Dependents over the age of 18 are considered a child until 
     they complete their education, or until they reach the age of 
     23. Under current law, stillborn children are not eligible 
     for coverage as insurable dependents under SGLI.
     Senate Bill
       Section 502 of S. 3023, as amended, would amend section 
     1965(10) of title 38, so as to cover a servicemember's 
     ``stillborn child,'' as an insurable dependent under the SGLI 
     program. The Committees expect VA to issue regulations that 
     would define the term in a manner consistent with the 1992 
     recommended reporting requirements of the Model State Vital 
     Statistics Act and Regulations as drafted by the Centers for 
     Disease Control and Prevention's National Center for Health 
     Statistics. The Model Act recommends a state reporting 
     requirement of fetal deaths involving fetuses weighing 350 
     grams or more, if the weight is unknown, or 20 or more 
     completed weeks of gestation, calculated from the date last 
     normal menstrual began to the date of delivery.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 402 of the Compromise Agreement follows the Senate 
     language.


  OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE

     Current Law
       SGLI is a VA-supervised life insurance program that 
     provides group coverage for members on active duty in the 
     uniformed services (Army, Navy, Air Force, Marine Corps, and 
     Coast Guard), members of the Commissioned Corps of the United 
     States Public Health Service and the National Oceanic and 
     Atmospheric Administration, Reserve and National Guard 
     members, Reserve Officer Training Corps members engaged in 
     authorized training, service academy cadets and midshipmen, 
     Ready Reserve and Retired Reserve members, and Individual 
     Ready Reserve members who are subject to involuntary recall 
     to active duty service. VA purchases a group policy on behalf 
     of participating members from a commercial provider. Since 
     the inception of the SGLI program in 1965, The Prudential 
     Insurance Company of America has been the provider. VA's FY 
     2009 budget submission projects that 2,342,000 individuals 
     will be covered under SGLI in FY 2009.
       Full coverage under SGLI is provided automatically at the 
     maximum coverage amount when an individual begins covered 
     service. Partial coverage at prorated premium rates is 
     available for Reserve and National Guard members for active 
     and inactive duty training periods. To be covered in an 
     amount less than the maximum, or to decline coverage 
     altogether, a member must make a written election to that 
     effect. Coverage amounts may be reduced in multiples of 
     $10,000. A member may also name, at any time, one or more 
     beneficiaries of his or her choice. Decisions concerning 
     coverage amounts and designation of beneficiaries are made at 
     the sole discretion of members insured under SGLI.
       The Veterans' Insurance Act of 1974, Public Law 93-289, 
     established a new program of post-separation insurance known 
     as Veterans Group Life Insurance (VGLI). Like SGLI, VGLI is 
     supervised by VA but administered by Prudential. VGLI 
     provides for the post-service conversion of SGLI to a 
     renewable term policy of insurance. Persons eligible for 
     full-time coverage include former servicemembers who were 
     insured full-time under SGLI and who were released from 
     active duty or the Reserves, Ready Reservists who have part-
     time SGLI coverage and who incur certain disabilities during 
     periods of active or inactive duty training, and members of 
     the Individual Ready Reserve and Inactive National Guard. 
     Like SGLI, VGLI is issued in multiples of $10,000 up to the 
     maximum coverage amount, but in no case can VGLI coverage 
     exceed the amount of SGLI coverage a member had in force at 
     the time of separation from active duty service or the 
     Reserves.
     Senate Bill
       Section 503 of S. 3023, as amended, includes numerous 
     amendments to SGLI.
       Subsection (a) of section 503 would extend full-time and 
     family SGLI coverage to Individual Ready Reservists (IRRs), 
     those individuals referred to in section 1965(5)(C) of title 
     38. This group of individuals volunteer for assignment to a 
     mobilization category in the Individual Ready Reserve, as 
     defined in section 12304(i)(1) of title 10. The Veterans'

[[Page 22665]]

     Survivor Benefits Improvement Act of 2001, Public Law 107-14, 
     provided SGLI coverage for Ready Reservists, referred to in 
     section 1965(5)(B), but not to IRRs.
       Subsection (b) of section 503 would provide that a 
     dependent's SGLI coverage would terminate 120 days after the 
     date of the member's separation or release from service, 
     rather than 120 days after the member's SGLI terminates.
       Subsection (c) of section 503 would clarify that VA has the 
     authority to set premiums for SGLI coverage for the spouses 
     of Ready Reservists based on the spouse's age.
       Subsection (d) of section 503 would clarify that any person 
     guilty of mutiny, treason, spying, or desertion, or who, 
     because of conscientious objections, refuses to perform 
     service in the Armed Forces or refuses to wear the uniform of 
     the Armed Forces, forfeits all rights to VGLI.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 403 of the Compromise Agreement follows the Senate 
     language.


      ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS' INSURANCE

     Current Law
       Under current law, the administrative costs of the Service-
     Disabled Veterans Insurance program are paid for by the 
     Government from VA's General Operating Expenses account.
     Senate Bill
       Section 102 of S. 1315 would allow administrative costs for 
     the S-DVI program to be paid for by premiums, as is done with 
     all other National Service Life Insurance sub-funds. This 
     would allow administrative costs to be provided from Veterans 
     Insurance and Indemnities and not General Operating Expenses 
     in Function 700 of the Budget of the United States 
     Government.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 404 of the Compromise Agreement follows the Senate 
     language.

                        Title V--Housing Matters


TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR CERTAIN HOUSING 
           LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS

     Current Law
       Section 3703 of title 38 stipulates the maximum loan 
     guaranty amounts that VA will provide to veterans under its 
     home loan guaranty program. Public Law 108-454 increased VA's 
     maximum guaranty amount to 25 percent of the Freddie Mac 
     conforming loan limit determined under section 305(a)(2) of 
     the Federal Home Loan Mortgage Corporation Act for a single 
     family residence, as adjusted for the year involved. The 
     Economic Stimulus Act of 2008 (Stimulus Act), Public Law 110-
     185, temporarily reset the maximum limits on home loans that 
     the Federal Housing Administration (FHA) may insure and that 
     Fannie Mae and Freddie Mac may purchase on the secondary 
     market to 125 percent of metropolitan-area median home 
     prices, but did so without reference to the VA home loan 
     program. This had the effect of raising the Fannie Mae, 
     Freddie Mac, and FHA limits to nearly $730,000, in the 
     highest cost areas, while leaving the then-VA limit of 
     $417,000 in place.
       On July 30, 2008, the Housing and Economic Recovery Act of 
     2008 was signed into law as Public Law 110-289. That law 
     provided a temporary increase in the maximum guaranty amount 
     for VA loans originated from July 30, 2008, through December 
     31, 2008, to the same level as provided in the Stimulus Act.
     Senate Bill
       Section 201 of S. 3023, as amended, in a freestanding 
     provision, would apply the temporary increase in the maximum 
     guaranty amount, enacted in Public Law 110-289, until 
     December 31, 2011.
     House Bill
       Section 203 of H.R. 6832 would amend section 2201 of Public 
     Law 110-289 by striking ``December 31, 2008'' and inserting 
     ``December 31, 2011''.
     Compromise Agreement
       Section 501 of the Compromise Agreement follows the Senate 
     language.


         REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VETERANS

     Current Law
       There is no applicable provision in current law.
     Senate Bill
       Section 205 of S. 3023, as amended, would require VA to 
     report on the impact of the mortgage foreclosure crisis on 
     veterans and the adequacy of existing mechanisms available to 
     help veterans. The report would have to include four specific 
     elements: (1) a general assessment of the income of veterans 
     who have recently separated from the Armed Forces; (2) an 
     assessment of the effects of the length of the disability 
     adjudication process on the capacity of veterans to maintain 
     adequate or suitable housing; (3) a description of the extent 
     to which the provisions of the Servicemembers Civil Relief 
     Act currently protect veterans from mortgage foreclosure; and 
     (4) a description and assessment of the adequacy of the VA 
     home loan guaranty program in preventing foreclosure for 
     recently separated veterans. The report would be due to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives no later than December 31, 2009.
     House Bill
       The House Bills contain no comparable provisions.
     Compromise Agreement
       Section 502 of the Compromise Agreement follows the Senate 
     language.


  REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR DESIGN FURNISHED TO 
VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING ASSISTANCE BY SECRETARY 
                          OF VETERANS AFFAIRS

     Current Law
       Section 2103 of title 38 authorizes VA to provide, without 
     cost, model plans and specifications of suitable housing 
     units to disabled veterans eligible for specially adapted 
     housing under chapter 21 of title 38. Pursuant to this 
     authority, the VA published, in April 1978, Pamphlet 26-13, 
     ``Handbook for Design: Specially Adapted Housing.''
     House Bill
       Section 1 of H.R. 5664 would amend section 2103 of title 38 
     to direct the Secretary to update at least once every six 
     years the plans and specifications for specially adapted 
     housing furnished to veterans by VA.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 503 of the Compromise Agreement follows the House 
     language.


          ENHANCEMENT OF REFINANCING OF HOME LOANS BY VETERANS

     Current Law
       Under section 3703(a)(1)(A)(i)(IV) of title 38, the maximum 
     VA home loan guaranty limit for most loans in excess of 
     $144,000 is equal to 25 percent of the Freddie Mac conforming 
     loan limit for a single family home. Public Law 110-289 set 
     this value at approximately $182,437 through the end of 2008. 
     This means lenders making loans up to $729,750 will receive 
     at least a 25 percent guaranty, which is typically required 
     to place the loan on the secondary market. Under current law, 
     this does not include regular refinance loans.
       Section 3703(a)(1)(B) of title 38 limits to $36,000 the 
     guaranty that can be used for a regular refinance loan. This 
     restriction means a regular refinance over $144,000 will 
     result in a lender not receiving 25 percent backing from VA. 
     In this situation, the lender is less likely to make the loan 
     to the veteran. This situation essentially precludes a 
     veteran from being able to refinance his or her existing FHA 
     or conventional loan into a VA guaranteed loan if the loan is 
     greater than $144,000.
       Under section 3710(b)(8) of title 38, VA is also precluded 
     from refinancing a loan if the homeowner does not have at 
     least ten percent equity in his or her home.
     Senate Bill
       Section 202 of S. 3023, as amended, would increase the 
     maximum guaranty limit for refinance loans to the same level 
     as conventional loans, which is 25 percent of the Freddie Mac 
     conforming loan limit for single family home. It would also 
     increase the percentage of an existing loan that VA will 
     refinance under the VA home loan program from 90 percent to 
     95 percent.
     House Bill
       Section 302 of H.R. 6832 contains identical language as the 
     Senate bill with respect to increasing the maximum guaranty 
     limit for refinance loans. In addition, section 302 would 
     increase the percentage of an existing loan that VA will 
     refinance from 90 percent to 100 percent.
     Compromise Agreement
       Section 504 of the Compromise Agreement includes the 
     language pertaining to the increase in the maximum guaranty 
     limit for refinance loans that appears in both the House and 
     the Senate bills and follows the House language with respect 
     to the equity requirement.


       EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY PROGRAMS

     Current Law
       Section 3707 of title 38 authorizes VA to conduct a 
     demonstration project that offers guaranties of adjustable 
     rate mortgages (ARMs), loans with interest rates that change, 
     and ``hybrid'' adjustable rate mortgages (hybrid ARMs), loans 
     that carry a fixed rate of interest for an initial period 
     followed by annual interest rate adjustments thereafter. VA 
     currently has authority to continue these demonstration 
     projects through the end of fiscal year 2008.
     Senate Bill
       Section 203(a) of S. 3023, as amended, would amend section 
     3707 of title 38 to extend VA's ARM and hybrid ARM programs 
     through fiscal year 2012.
     House Bill
       Section 208 of H.R. 6832 contains identical language.
     Compromise Agreement
       Section 505 of the Compromise Agreement includes this 
     language.

[[Page 22666]]



                        Title VI--Court Matters


TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE UNITED STATES 
                  COURT OF APPEALS FOR VETERANS CLAIMS

     Current Law
       Under current law, section 7253(a) of title 38, the United 
     States Court of Appeals for Veterans Claims (CAVC) is limited 
     to seven active judges.
     Senate Bill
       Section 401 of S. 3023, as amended, would temporarily 
     increase the number of active judges on the CAVC from seven 
     to nine, effective December 31, 2009. Effective January 1, 
     2013, no appointment could be made to Court if that 
     appointment would result in there being more judges of the 
     Court than the authorized number of judges of the Court 
     specified in current law.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 601 of the Compromise Agreement follows the Senate 
     language. It is the Committees' expectation that the next 
     Administration will begin vetting candidates for the 
     additional judgeships as soon as practicable so that by the 
     effective date of this provision, December 31, 2009, Congress 
     might begin considering nominations to the Court.


      PROTECTION OF PRIVACY AND SECURITY CONCERNS IN COURT RECORDS

     Current Law
       Current law, section 7268(a) of title 38, provides that 
     ``all decisions of the Court of Appeals for Veterans Claims 
     and all briefs, motions, documents, and exhibits received by 
     the Court. . . shall be public records open to the inspection 
     of the public.'' Section 7268(b)(1) provides that ``[t]he 
     Court may make any provision which is necessary to prevent 
     the disclosure of confidential information, including a 
     provision that any such document or information be placed 
     under seal to be opened only as directed by the Court.''
     Senate Bill
       Section 402 of S. 3023, as amended, would amend section 
     7268 of title 38, so as to require the Court to prescribe 
     rules, in accordance with section 7264(a) of title 38, to 
     protect privacy and security concerns relating to the filing 
     of documents, and the public availability of such documents, 
     that are retained by CAVC or filed electronically. The rules 
     prescribed by the Court would be required to be consistent, 
     to the extent practicable, with rules that address privacy 
     and security issues throughout the Federal courts.
     House Bill
       The House Bills contain no comparable provisions.
     Compromise Agreement
       Section 602 of the Compromise Agreement follows the Senate 
     language.


  RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR 
                            VETERANS CLAIMS

     Current Law
       Under section 7257 of title 38, retiring CAVC judges make 
     an election whether to be recall eligible. If a judge chooses 
     to be recall eligible, the Chief Judge of the CAVC has the 
     authority to involuntarily recall that judge for up to 90 
     days per calendar year or, with the consent of the judge, to 
     recall the judge for up to 180 days per calendar year. Under 
     section 7296 of title 38, a recall-eligible retired judge 
     receives annual pay equal to the annual salary of an active 
     judge (pay-of-the-office) and that salary level is not 
     impacted by how much recall service is performed during a 
     year.
     Senate Bill
       Section 403 of S. 3023, as amended, would modify the 
     authorities for the recall of retired judges and the 
     retirement pay structure. This section would repeal the 180-
     day limit on how many days per calendar year a recall-
     eligible retired judge may voluntarily serve in recall 
     status. In addition, for judges appointed on or after the 
     date of enactment, it would create a three-tiered retirement 
     pay structure. Specifically, pay-of-the-office would be 
     reserved for judges who are actively serving, either as a 
     judge of the Court or as a retired judge serving in recall 
     status. When not serving in recall status, a recall-eligible 
     retired judge would receive the rate of pay applicable to 
     that judge as of the date the judge retired, as increased by 
     periodic cost-of-living adjustments. A retired judge who is 
     not recall eligible would receive the rate of pay applicable 
     to that judge at the time of retirement. Finally, section 403 
     would exempt current and future recall-eligible retired 
     judges from involuntary recall once they have served an 
     aggregate of five years of recall service.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 603 of the Compromise Agreement follows the Senate 
     language.


 ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES COURT OF APPEALS FOR 
                            VETERANS CLAIMS

     Current Law
       Chapter 72 of title 38 establishes the organization, 
     jurisdiction, and procedures governing the CAVC. That chapter 
     does not require the Court to provide Congress with annual 
     reports on its workload.
     Senate Bill
       Section 404 of S. 3023, as amended, would add a section to 
     chapter 72 to establish an annual reporting requirement for 
     the CAVC. The CAVC would be required to submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives an annual report summarizing the workload of 
     the Court.
       The information required to be in the report would include 
     the number of appeals, petitions, and applications for fees 
     under the Equal Access to Justice Act (EAJA) filed with the 
     Court. It would also include the total number of dispositions 
     by the Court as a whole, by the Clerk of the Court, by a 
     single judge, by multi-judge panels, and by the full Court 
     and the number of each type of disposition by the Court, 
     including settlement, affirmation, remand, vacation, 
     dismissal, reversal, grant, and denial. In addition, the 
     required information would include the median time from 
     filing an appeal to disposition by the Court as a whole, by 
     the Clerk of the Court, by a single judge, or by multiple 
     judges; the median time from the filing of a petition to 
     disposition by the Court; the median time from filing an EAJA 
     application to disposition by the Court; and the median time 
     from completion of the briefing requirements by the parties 
     to disposition by the Court. The report would also include 
     the number of oral arguments held by the Court; the number of 
     cases appealed to the United States Court of Appeals for the 
     Federal Circuit; the number and status of appeals, petitions, 
     and EAJA applications pending at the end of the fiscal year; 
     the number of cases pending for more than 18 months at the 
     end of the fiscal year; and a summary of any service 
     performed by recalled retired judges during the fiscal year. 
     In addition, the Court would be required to provide an 
     assessment of the workload of each judge of the Court, 
     including consideration of the time required of each judge 
     for disposition of each type of case, the number of cases 
     reviewed by the Court, and the average workload of other 
     Federal judges.
     House Bill
       Section 201 of H.R. 5892, as amended, would add a section 
     to chapter 72 to establish an annual reporting requirement 
     for the CAVC. The CAVC would be required to submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives an annual report summarizing the workload of 
     the Court. The information required to be reported would 
     include the number of appeals filed; the number of petitions 
     filed; the number EAJA applications filed; the number and 
     type of dispositions; the median time from filing to 
     disposition; the number of oral arguments; the number and 
     status of pending appeals, petitions, and EAJA applications; 
     a summary of any service performed by recalled retired 
     judges; and the number of cases pending longer than 18 
     months.
     Compromise Agreement
       Section 604 of the Compromise Agreement follows the Senate 
     language.


 ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND REGISTRATION FEES

     Current Law
       Under section 7285 of title 38, the CAVC is authorized to 
     impose a periodic registration fee on individuals admitted to 
     practice before the Court. The maximum amount of any such fee 
     is capped at $30 per year. That amount is significantly lower 
     than other Federal courts generally charge. The Court is also 
     authorized to impose a registration fee on the individuals 
     participating in the Court's judicial conference.
     Senate Bill
       Section 502 of S. 1315, as amended, would strike the $30 
     cap on the amount of registration fees that may be charged to 
     individuals admitted to practice before the Court. It also 
     would clarify that any registration fee charged by the Court, 
     either for those admitted to practice before the Court or 
     those participating in the judicial conference, must be 
     reasonable.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 605 of the Compromise Agreement follows the Senate 
     language.

 Title VII--Assistance To United States Paralympic Integrated Adaptive 
                             Sports Program


DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES 
PARALYMPICS, INC. AND DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL 
              VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS

     Current Law
       Section 521 of title 38 authorizes the Secretary to assist 
     certain organizations in providing recreational activities 
     which would further the rehabilitation of disabled veterans.

[[Page 22667]]


     House Bill
       Section 3 of H.R. 4255, as amended, would authorize the 
     Secretary to provide assistance to the Paralympic Program of 
     the United States Olympic Committee (USOC).
       Section 4 of H.R. 4255, as amended, would establish the 
     Department of Veterans Affairs Office of National Veterans 
     Sports Programs and Special Events.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Title VII of the Compromise Agreement generally follows the 
     House language. It makes the authority to provide assistance 
     to the Paralympic Program of the USOC a four-year pilot 
     program instead of a permanent program and makes it clear 
     that the agreement entered into is between VA and United 
     States Paralympics, Inc. The Compromise Agreement makes it 
     clear that the United States Paralympics, Inc., shall 
     continue to seek private sponsorship and donors. It further 
     provides for the Comptroller General of the United States to 
     provide a report to the Congress after three years.

                       Title VIII--Others Matters


AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS OF THE UNITED STATES 
AGAINST INDIVIDUALS WHO DIED WHILE SERVING ON ACTIVE DUTY IN THE ARMED 
                                 FORCES

     Current Law
       In January 2008, VA disclosed that, in an attempt to 
     collect debts owed to VA, the Department had contacted the 
     estates of twenty-two servicemembers who died while serving 
     in either Operation Enduring Freedom or Operation Iraqi 
     Freedom. Under the relevant law in effect at that time, 
     section 5302 of title 38, any veteran or active duty 
     servicemember indebted to VA due to the overpayment or 
     erroneous payment of benefits was able to apply for a waiver 
     from VA so as to remove the obligation to pay the debt. 
     However, under that law, VA was required to notify the 
     beneficiary, or his or her estate if the beneficiary was 
     deceased, when an outstanding debt arose and to provide 
     information on the right to apply for a waiver.
       In an attempt to address this situation, the Supplemental 
     Appropriations Act, 2008, Public Law 110-252, included a 
     provision that added a new section 5302A to title 38, which 
     prohibits VA from collecting all or any part of a debt owed 
     to VA by a servicemember or veteran who dies as the result of 
     an injury incurred or aggravated in the line of duty while 
     serving in a theater of combat operations in a war or in 
     combat against a hostile force during a period of hostilities 
     after September 11, 2001. The Secretary is required to 
     determine that termination of collection is in the best 
     interest of the United States.
     Senate Bill
       Section 601 of S. 3023, as amended, would amend section 
     3711 of title 31 so as to grant VA discretionary authority to 
     suspend or terminate the collection of debts owed to it by 
     individuals who die while serving on active duty in the Armed 
     Forces. The authority to suspend collection would cover all 
     individuals who die while serving on active duty as a member 
     of the Army, Navy, Air Force, Marine Corps, or Coast Guard 
     during a period when the Coast Guard is operating as a 
     service in the Navy.
       Section 601 of S. 3023, as amended, also includes a 
     freestanding provision that would permit VA to provide an 
     equitable refund to any estate from which it collected a debt 
     that it otherwise would have waived had this provision been 
     in effect at the time. VA would have the discretion to 
     determine in which cases, if any, the use of this authority 
     would be appropriate.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 801 of the Compromise Agreement follows the Senate 
     language.


   THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME VERIFICATION

     Current Law
       Section 6103(l)(7)(D)(viii) of title 26 authorizes the 
     release of certain income information by the Internal Revenue 
     Service (IRS) or the Social Security Administration (SSA) to 
     VA for the purposes of verifying the incomes of applicants 
     for VA needs-based benefits, including pensions for wartime 
     veterans and compensation for Individual Unemployability. 
     Section 5317(g) of title 38 provides VA with temporary 
     authority to obtain and use this information in order to 
     ensure that those receiving benefits under these income-
     programs are not earning a greater annual income than the law 
     permits. This temporary authority will expire on September 
     30, 2008.
     Senate Bill
       Section 603 of S. 3023, as amended, would extend VA's 
     authority to obtain income information from the IRS or the 
     SSA until September 30, 2011.
     House Bill
       Section 206 of H.R. 6832 would extend VA's authority to 
     obtain income verification from the IRS or the SSA until 
     September 30, 2010.
     Compromise Agreement
       Section 802 of the Compromise Agreement follows the Senate 
     language.


MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF ASSETS OF AIR 
                           FORCE HEALTH STUDY

     Current Law
       Legislation enacted as section 714 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007, 
     Public Law 109-364, authorized the Air Force to transfer 
     custody of the data and biological specimens to the Medical 
     Follow-Up Agency (MFUA). There is no provision in current law 
     for the maintenance and management of the assets authorized 
     to be transferred.
     Senate Bill
       Section 805 of S. 1315, as amended, would ensure that the 
     assets from the Air Force Health Study (AFHS) transferred to 
     the MFUA are maintained, managed and made available to 
     researchers. In order to ensure that sufficient funds are 
     made available for this purpose, funding in the amount of 
     $1,200,000 would be made available from VA accounts available 
     for Medical and Prosthetic Research in each fiscal year from 
     2008 through 2011. In addition, funding from the same source 
     would be provided in the amount of $250,000 for each year to 
     conduct additional research using the assets of the AFHS. 
     Finally a report would be provided to the Congress by March 
     31, 2011, concerning the feasibility and advisability of 
     conducting additional research using these assets or 
     disposing of them.
       In the late 1970's, Congress urged the DOD to conduct an 
     epidemiologic study of veterans of ``Operation Ranch Hand,'' 
     the military units responsible for aerial spraying of 
     herbicides during the Vietnam War. In response, the AFHS was 
     initiated in 1982 to examine the effects of herbicide 
     exposure and health, mortality, and reproductive outcomes in 
     veterans of Operation Ranch Hand. The study is noteworthy for 
     the amount of data and biological specimens collected. It 
     cost over $143 million and was concluded in 2006.
       The Senate bill would require VA to provide funding during 
     fiscal years 2008 through 2011 for the purposes recommended 
     by IOM in the Disposition of the AFHS report.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 803 of the Compromise Agreement follows the Senate 
     language.


NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE SCLEROSIS AS A 
RESULT OF CERTAIN SERVICE IN THE PERSIAN GULF WAR AND POST-9/11 GLOBAL 
                          OPERATIONS THEATERS

     Current Law
       Under current law, veterans gain eligibility for disability 
     benefits by demonstrating a link between their disability and 
     their active military, naval, or air service. To establish 
     such a link, the veteran must show, generally, that his or 
     her disability resulted from an injury or disease that was 
     incurred or aggravated during the time of military service.
       In addition to disabilities that can be directly linked to 
     service, certain diagnosed diseases are presumed, as a matter 
     of law, to be service-connected if they manifest under 
     conditions specified by statute. For example, section 1112, 
     title 38, provides a presumption for certain chronic diseases 
     if manifested to a degree of disability of 10 percent or more 
     within one year of separation from service, for certain 
     tropical diseases if manifested to a degree of disability of 
     10 percent or more, generally, within one year of separation 
     from service, and for active tuberculosis or Hansen's disease 
     if manifested to a degree of disability of 10 percent or more 
     within three years of separation from service.
       In 1962, Public Law 87-645 extended the period of time 
     after separation from service that a diagnosis of multiple 
     sclerosis may be presumed to be service-connected from three 
     to seven years for veterans with wartime service.
     Senate Bill
       Section 806 of S. 1315, as amended, would require VA to 
     enter into a contract with the IOM to conduct a comprehensive 
     epidemiological study to identify any increased risk of 
     developing multiple sclerosis, and other diagnosed 
     neurological diseases, as a result of service in the 
     Southwest Asia theater of operations or in the Post 9/11 
     Global Operations theaters. The Southwest Asia theater of 
     operations is defined in section 3.3317 of title 38, Code of 
     Federal Regulations. The Post 9/11 Global Operations theater 
     is defined as Afghanistan, Iraq, or any other theater for 
     which the Global War on Terrorism Expeditionary Medal is 
     awarded for service.
       The mandated study would examine the incidence and 
     prevalence of diagnosed neurological diseases, including 
     multiple sclerosis, Parkinson's disease, and brain cancers, 
     as well as central nervous abnormalities, in members of the 
     Armed Forces who served during the Persian Gulf War period 
     and Post-9/11 Global Operations period. The study would also 
     collect information on possible risk factors, such as 
     exposure to pesticides and other toxic substances. IOM would 
     be required to submit a final report to

[[Page 22668]]

     VA and the appropriate committees of Congress by December 31, 
     2012.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 804 of the Compromise Agreement generally follows 
     the Senate language.


 TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE 
                       FOR CERTAIN SERVICEMEMBERS

     Current Law
       The Servicemembers Civil Relief Act (SCRA), currently found 
     in the appendix to title 50, beginning at section 501, is 
     intended to provide for the temporary suspension of judicial 
     and administrative proceedings and transactions that may 
     adversely affect the civil rights of servicemembers during 
     their military service. Title III of the SCRA extends the 
     right to terminate real property leases to active duty 
     servicemembers on deployment orders of at least 90 days. It 
     also allows for the termination of automobile leases for use 
     by servicemembers and their dependents on military orders 
     outside the continental United States for a period of 180 
     days or more.
     Senate Bill
       Section 804 of S. 1315, as amended, would expand the SCRA 
     to allow for the termination or suspension, upon request, of 
     the cellular telephone contracts of servicemembers deployed 
     outside the United States.
     House Bill
       Section 4 of H.R. 6225, as amended, would extend the SCRA 
     protections to enable servicemembers with deployment orders 
     to terminate or suspend service contracts without fee or 
     penalty for such services as cellular phones, utilities, 
     cable television, or internet access.
     Compromise Agreement
       Section 805 of the Compromise Agreement generally follows 
     the Senate language, except that it also includes a provision 
     allowing servicemembers to suspend or terminate cellular 
     phone contracts if they receive orders for a permanent change 
     of duty station.


  CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS 
                                CONCERNS

     Current Law
       Section 502 and 503 of Public Law 109-461, the Veterans 
     Benefits, Health Care, and Information Technology Act of 
     2006, require VA to provide certain contracting preferences 
     to small businesses owned by veterans and service-disabled 
     veterans.
     House Bill
       Section 2 of H.R. 6221, as amended, would amend section 
     8127 of title 38 to require the Secretary to include in each 
     contract the Secretary enters with an agent acting on VA's 
     behalf for the acquisition of goods and services a provision 
     that requires the agent to comply with the contracting goals 
     and preferences for small business concerns owned or 
     controlled by veterans set forth in sections 502 and 503 of 
     Public Law 109-461.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 806 of the Compromise Agreement generally follows 
     the House language except that it would apply, to the maximum 
     extent feasible, only to contracts entered into after 
     December 31, 2008.


       PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER 
                    SERVICEMEMBERS CIVIL RELIEF ACT

     Current Law
       The SCRA provides that penalties under title 18 may be 
     imposed against anyone who knowingly takes part in or 
     attempts to violate certain applicable protections.
     House Bill
       Section 5 of H.R. 6225 would amend section 207 of the SCRA 
     by placing a fine of $5,000 and $10,000 on any individual or 
     organization, respectively, who knowingly violates certain 
     SCRA rights of a servicemember. It would further provide for 
     attorney fees and treble damages in certain cases.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 807 of the Compromise Agreement follows the House 
     language to add penalties in section 207 of the SCRA.


   FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR ADVISORY COMMITTEE ON 
                           MINORITY VETERANS

     Current Law
       Section 544 of title 38 required the Secretary to establish 
     an Advisory Committee on Minority Veterans. Under section 
     544(e) of title 38, the Committee will cease to exist on 
     December 31, 2009.
     House Bill
       Section 1 of H.R. 674 would repeal the sunset date on the 
     Advisory Committee on Minority Veterans.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 808 of the Compromise Agreement would extend the 
     sunset date on the Advisory Committee on Minority Veterans 
     for five years from the current date of expiration, until 
     December 31, 2014.


  AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE TO PROMOTE 
     AWARENESS OF BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY

     Current Law
       The Anti-Deficiency Act, section 1341 of title 5, prohibits 
     the use of appropriated funds for publicity or propaganda 
     purposes. Section 404 of Public Law 110-161, the Consolidated 
     Appropriations Act of 2008, reinforced this prohibition 
     stating:
       No part of any funds appropriated in this Act shall be used 
     by an agency of the executive branch, other than for normal 
     and recognized executive-legislative relationships, for 
     publicity or propaganda purposes, and for the preparation, 
     distribution or use of any kit, pamphlet, booklet, 
     publication, radio, television, or film presentation designed 
     to support or defeat legislation pending before Congress, 
     except in presentation to Congress itself.
       Although executive branch departments and agencies are 
     prohibited from using appropriated funds to engage in 
     ``publicity or propaganda,'' there is no such prohibition 
     against disseminating information about current benefits, 
     policies, and activities. Military recruiting advertising 
     campaigns are a primary example of an acceptable use of 
     appropriated funds.
     House Bill
       Section 2 of H.R. 3681 would add a new section 532 to title 
     38 authorizing the Secretary to advertise in national media 
     to promote awareness of benefits under laws administered by 
     the Secretary.
     Senate Bill
       The Senate Bills contain no comparable provision.
     Compromise Agreement
       Section 809 of the Compromise Agreement follows the House 
     language.


   MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED SURVIVING 
                          SPOUSES OF VETERANS

     Current Law
       Section 2306(b)(4)(B) of title 38 authorizes VA to furnish 
     an appropriate memorial headstone or marker to commemorate 
     eligible individuals whose remains are unavailable. 
     Individuals currently eligible for memorial headstones or 
     markers include a veteran's surviving spouse, which is 
     defined to include ``an unremarried surviving spouse whose 
     subsequent remarriage was terminated by death or divorce.'' 
     Thus, a surviving spouse who remarried after the veteran's 
     death is not eligible for a memorial headstone or marker 
     unless the remarriage was terminated by death or divorce 
     before the surviving spouse died. However, a surviving spouse 
     who remarried after the veteran's death is eligible for 
     burial in a VA national cemetery without regard to whether 
     any subsequent remarriage ended.
     Senate Bill
       Section 602 of S. 3023, as amended, would extend 
     eligibility for memorial headstones or markers to a deceased 
     veteran's remarried surviving spouse, without regard to 
     whether any subsequent remarriage ended.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 810 of the Compromise Agreement follows the Senate 
     language.

  Mr. BURR. Mr. President, as ranking member of the Senate Committee on 
Veterans' Affairs, I rise today to applaud the passage of S. 3023, the 
Veterans' Benefits Improvement Act of 2008. This veterans' benefits 
omnibus bill, which is now on its way to the President, will make a 
wide assortment of improvements to benefits programs for our Nation's 
veterans and their families.
  I want to commend the chairman of the Senate Committee of Veterans' 
Affairs, Senator Akaka, and our colleagues on the House Committee on 
Veterans' Affairs, Chairman Filner and Ranking Member Buyer, for their 
efforts in crafting this compromise legislation. It reflects the 
bipartisan work of dozens of Members of both the House and Senate. The 
result of our work is an omnibus veterans' benefits bill with over 60 
provisions that will allow more veterans to access VA-backed home 
loans, will expand access to independent living services for severely 
injured veterans, and will address VA's disability claims backlog, 
among many other valuable provisions.
  I am particularly pleased that the bill includes an education benefit 
that draws its inspiration from a North Carolinian. Sarah Wade, spouse 
of Ted

[[Page 22669]]

Wade, an Iraq War veteran who lost his right arm and has battled the 
effects of severe traumatic brain injury after an explosive detonated 
under his Humvee in 2004, has been at her husband's side as a primary 
caregiver from the beginning. She quit her job to take care of Ted and 
has doggedly ensured that he receives the highest quality of care. It 
is likely that her intensive involvement in Ted's ongoing recovery will 
last for several more years.
  Sarah's effort on behalf of her husband leaves little time for 
herself. Sarah would one day like to go to school. Although VA provides 
an educational assistance benefit for the spouses of totally disabled 
veterans and servicemembers, the law requires that the benefit be used 
within 10 years of the date the veteran receives a total disability 
rating. For a spouse like Sarah Wade, there is next to no time to take 
advantage of this benefit within that timeframe. The recovery period 
for a TBI-afflicted veteran--the very period that Ted needs Sarah the 
most--simply precludes her from pursuing that option.
  In recognition of hundreds of spouses like Sarah, the Veterans' 
Benefits Improvement Act of 2008 would extend from 10 to 20 years the 
period within which certain spouses of severely disabled veterans could 
use their education benefits. That longer window will allow Sarah and 
others to focus on their first priority, the care of their injured 
spouses, while giving them some flexibility to pursue their educational 
goals later on. This provision is simply the right thing to do for 
those who have sacrificed so much.
  Another provision I would like to mention would require human 
resource specialists in the Federal executive branch to receive 
training on the Uniformed Services Employment and Reemployment Rights 
Act, or USERRA. This law provides a wide range of employment 
protections to veterans, future and current members of the Armed 
Forces, and Guard and Reserve members. For returning servicemembers, it 
requires that they be given their jobs back when they return home. It 
also requires that they receive all the benefits and seniority that 
would have accumulated during their absence.
  While every employer should strive to meet or exceed the requirements 
of USERRA, Congress has stressed that ``the Federal Government should 
be a model employer'' when it comes to complying with this law. In my 
view, this means the Federal Government should make sure that not a 
single returning servicemember is denied proper reinstatement to a 
Federal job. But unfortunately, this is not happening yet. The Federal 
Government often violates this law because Federal hiring managers 
simply don't understand what it requires or how to apply it.
  That is why I championed a provision to require the head of each 
Federal executive agency to provide training for their human resources 
personnel on the rights, benefits, and obligations under USERRA. My 
hope is that this training will help prevent future violations of 
USERRA before they ever occur, so our returning servicemembers will not 
experience delays or frustrations in resuming their civilian jobs. In 
short, this provision will move the Federal Government toward becoming 
the ``model employer'' that it should be.
  This bill also provides a number of enhancements to VA's Home Loan 
Guaranty Program, which are particularly important in light of the 
ongoing home loan crisis. For starters, the bill temporarily increases 
the maximum amount of VA's home loan guaranty from just over $104,000 
to more than $182,000, allowing veterans purchasing homes in higher 
cost areas to benefit from a VA guaranty. Another key provision will 
significantly increase the maximum amount of VA's guaranty for 
refinance loans. This means veterans with large, high-interest 
conventional loans may be able to switch to lower interest rate VA-
backed loans, helping them keep their homes by lowering their monthly 
payments.
  Also, the bill would decrease from 10 percent to 0 percent the amount 
of equity required in order to refinance from a conventional loan to a 
VA-backed loan. So, even veterans who have seen declining home values 
may be able to benefit from these VA-guaranteed refinance loans. 
Collectively, these changes will help more of our Nation's veterans 
purchase their own homes or keep their existing homes.
  Other very important provisions in this bill will expand access to 
VA's independent living services program. This program helps veterans 
with severe service-related disabilities improve their ability to 
function more independently in their homes and communities and, in some 
cases, it gives them hope for a productive life. These services are 
more important than ever before, as veterans return home from Operation 
Enduring Freedom and Operation Iraqi Freedom with catastrophic injuries 
and as the overall veteran population ages. But VA is not authorized to 
allow more than 2,500 disabled veterans to enter this program each 
year, which may prevent or delay veterans from receiving these crucial 
services.
  Also, VA is generally precluded from providing more than 24 months of 
independent living services to a disabled veteran. This may not be long 
enough for a veteran suffering severe disabilities, such as traumatic 
brain injuries, which can have lengthy, complex, and unpredictable 
recovery periods. So, this bill will increase from 2,500 to 2,600 the 
number of veterans who may enter the independent living services 
program each year and will allow any severely disabled veteran of OIF/
OEF to receive more than 24 months of services. These changes will help 
ensure that veterans who have suffered devastating injuries in service 
to our Nation will have access to the services they need to lead 
fulfilling, independent lives.
  This bill also includes a provision that would require VA to provide 
Congress with a plan for updating its disability rating schedule and a 
timeline for when changes will be made. This rating schedule--which is 
the cornerstone of the entire VA claims processing system--was 
developed in the early 1900s, and about 35 percent of it has not been 
updated since 1945. It is riddled with outdated criteria that do not 
track with modern medicine, and it does not adequately compensate 
young, severely disabled veterans; veterans with mental disabilities; 
and veterans who are unemployable.
  To address this situation, VA conducted studies on the appropriate 
level of disability compensation to account for any loss of earning 
capacity and any loss of quality of life caused by service-related 
disabilities. To make sure these studies don't get put on a shelf to 
collect dust--as has happened in the past--this bill would require VA 
to submit to Congress a report outlining the findings and 
recommendations of those studies, a list of the actions that VA plans 
to take in response, and a timeline for when VA plans to take those 
actions. My hope is that this will finally prompt the type of complete 
update that is necessary to ensure the VA rating schedule is meeting 
the needs of our injured veterans.
  This bill would also help ensure that the U.S. Court of Appeals for 
Veterans Claims consistently has the judicial resources it needs to 
provide timely decisions to veterans and their families. In recent 
years, the court has struggled in the face of a massive caseload, with 
record levels of incoming cases and record levels of pending appeals.
  To help the court deal with this workload, this bill will temporarily 
increase the size of the court from seven judges to nine judges. This 
temporary increase will provide the court with more judicial resources 
in the near term. At the same time, it will allow Congress to gather 
more information about the court's workload before deciding whether a 
permanent expansion of the court is the best way to make sure veterans 
receive timely decisions in the future. To that end, the bill would 
require the court to provide annual reports to Congress with details 
about who is actually doing the work, what type of work they are doing, 
and where there are bottlenecks.
  This temporary expansion to nine judges will also help with an 
ongoing problem--the prospect of having multiple judicial vacancies 
when judges retire. When the court was created in

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1988, the terms of the judges were not staggered, so six judges retired 
between 2000 and 2005, with four retirements in a single 11-month 
period. This led to a serious disruption in service to veterans. To try 
to avoid a similar disruption in service when the existing judges 
retire, the terms of the judges appointed as a result of this expansion 
would extend well beyond the retirement dates of all of the existing 
judges.
  In addition to all these good provisions, the bill includes some 
commonsense reforms to the court's pay structure and the rules on 
recalling retired judges. It would remove the current cap on the number 
of days a retired judge may voluntarily serve in recall status each 
year. It would create a three-tier payment structure for the judges, 
which reserves the highest pay for judges actually serving either as 
active judges or as recalled retired judges. It also would exempt 
retired judges from being involuntarily recalled after they have served 
at least 5 aggregate years as a recalled judge. These reforms should 
create meaningful incentives for retired judges to come back to work 
for longer or more frequent periods of time. With their experience and 
expertise, the increased involvement of retired judges will be of 
significant value to the veterans seeking justice from the court.
  Mr. President, these are only a few of the over 60 items in this 
comprehensive veterans' benefits bill. I am confident this bill will 
improve the lives of veterans and their families, even if only in small 
ways. I applaud the passage of this bill, and, again, I thank my 
colleagues, Chairman Akaka, Chairman Filner, and Ranking Member Buyer.

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