[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[Senate]
[Pages 9438-9439]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA:
  S. 3023. A bill to amend title 38, United States Code, to require the 
Secretary of Veterans Affairs to prescribe regulations relating to the 
notice to be provided claimants with the Department of Veteran's 
Affairs regarding the substantiation of claims; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce the proposed Veterans' 
Notice Clarification Act of 2008. This bill would require VA to issue 
regulations specifying the content of notices provided to claimants who 
seek VA benefits and services. Following a number of court decisions, 
VA's notification letters to veterans 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 
letters should use simple ordinary language rather than bureaucratic 
legalese and they should be focused on the specific type of claim that 
the veteran is bringing.
  My bill would require different notice contents depending upon 
whether the claim is an original claim, a claim to reopen, or a claim 
for an increase in benefits. VA would also have the discretion to 
provide additional or alternative contents for notice if appropriate to 
the benefits sought. For example, an original claim for service-
connected compensation may require different content than a claim for a 
specially adapted housing grant.
  The notice required for original claims by the Veterans Claims 
Assistance Act, Public Law 106-475, should provide useful information 
based on the documents submitted to VA and the benefit sought. The 
information and evidence requested by VA should be relevant to the 
claim filed. For example, the information and evidence requested by VA 
for a claim for disability compensation and financial information 
concerning claims for pension benefits are wholly different. A veteran 
should not be made to submit information that is unrelated to his or 
her claim.
  I believe that this bill, if enacted, will assist VA in developing 
appropriate criteria to implement the requirements of the current law. 
In addition, courts which review appeals from VA decisions should find 
it easier to identify errors in notification by measuring the notice 
against clear regulatory criteria.
  I urge all of my colleagues to support this measure, so that 
veterans, survivors and dependents seeking VA benefits may be provided 
with clearer and more understandable notices.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3023

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Notice 
     Clarification Act of 2008''.

     SEC. 2. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED 
                   CLAIMANTS WITH THE DEPARTMENT OF VETERANS 
                   AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS.

       Section 5103(a) of title 38, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Upon receipt''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall prescribe in regulations 
     requirements relating to the contents of notice to be 
     provided under this subsection.
       ``(B) The regulations required by this paragraph--
       ``(i) shall specify different contents for notice depending 
     on whether the claim concerned is an original claim, a claim 
     for reopening a prior decision on a claim, or a claim for 
     increase in benefits;
       ``(ii) may provide additional or alternative contents for 
     notice if appropriate to the benefit or services sought under 
     the claim;
       ``(iii) shall specify for each type of claim for benefits 
     the general information and evidence required to substantiate 
     the basic elements of such type of claim; and
       ``(iv) shall specify the timing of the issuance of 
     notice.''.
                                 ______
                                 
      By Mr. REID (for Mrs. Clinton):
  S. 3027. A bill to amend the National and Community Service Act of 
1990 to establish a program to provide college coaches to low- and 
middle-income high-achieving high school students; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, in honor of AmeriCorps Week, I am 
pleased to introduce legislation that will place more of our Nation's 
low- and middle-income high school students on the road to higher 
education. My legislation will address the disparity that exists in 
college persistence between lower-income, high-achieving students and 
their more affluent peers.
  According to the National Educational Longitudinal Survey, NELS, more 
than 1.5 million high school students with annual household incomes of 
less than $85,000 do not earn college degrees despite having ranked in 
the top half of their high school classes. Further, a recent report 
from the Jack Kent Cooke Foundation found that 59 percent of lower-
income high-achieving students graduated from college compared to 77 
percent of their higher income peers. America cannot remain competitive 
in the global economy if we continue to squander our college talent 
every year. That is why I am sponsoring the Coaching Our Adolescents 
for College Heights Act, or the COACH Act.
  The COACH Act creates a pilot AmeriCorps program to recruit, train, 
and place recent college graduates, or coaches, in high schools to help 
prepare low- and middle-income, high-performing high school students 
for success in college. Under this program, coaches will be responsible 
for working with school staff to build a strong college-going culture 
within their high schools. Coaches will be paired with a cohort of low- 
and middle-income, high-achieving students to ensure student enrollment 
and success in college-prep coursework and to connect participating 
students with summer internships, community service activities, and 
other opportunities that will enrich each student's academic 
experience. Coaches will also help students and their parents in 
understanding the college application, admissions, and financial aid 
processes as well as work with students to select and enroll in the 
institutions of higher education that best meet each student's 
educational and social needs.
  The role of coaches will not end once students are enrolled in 
college, as coaches will be required to monitor their students' 
academic performance and social adjustment through the end of each 
student's first year of college. In this way, coaches will ensure that 
students are connected to the support services they need to persist in 
and ultimately graduate from college.
  A recent study by the Consortium on Chicago School Research found 
that only 41 percent of students who aspired to go to college took the 
steps necessary in their senior year to apply to and enroll in a four-
year college, despite being well-qualified for even the most selective 
colleges and universities. It is among these students that the Nation 
suffers the greatest loss in proven talent. Unfortunately, our high 
schools are struggling to provide these students with necessary 
guidance. In 2002, the National Center of Education Statistics found 
that the average ratio

[[Page 9439]]

of high school students to full-time guidance counselors was 315 to 1. 
Furthermore, only 10 percent of public schools have advisors whose sole 
responsibility is college counseling. The COACH Act not only addresses 
the need to prepare our high-achieving, low- and middle-income students 
for college, but it also engages eager AmeriCorps members as a 
necessary resource for completing this task.
  I hope my colleagues will join me in this effort to help these 
students succeed in higher education and compete in the global economy.
                                 ______
                                 
      By Mr. REID (for Mrs. Clinton):
  S. 3028. A bill to amend the National and Community Service Act of 
1990 to promote community service among United States youth by 
connecting secondary school seniors to community service opportunities; 
to the Committee on Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, in honor of AmeriCorps Week, I am 
pleased to introduce a bill that will help keep our Nation's high 
school seniors engaged in learning and community service. My 
legislation will connect high school seniors to service opportunities 
within their schools or communities while earning money for college.
  The senior year of high school is a crucial transition time for 
youth. Despite this fact, many twelfth grade students opt to take less 
challenging courses, or no classes at all, during their final year of 
high school, a phenomenon commonly termed ``senioritis.'' I strongly 
believe we should use this opportunity to provide a service-oriented 
education for young people across the country. That is why I am 
sponsoring the Senior Year Community Service Act.
  This legislation will create a pilot program to enable six local 
educational agencies to connect high school seniors with service 
opportunities within their communities or schools. The bill calls on 
the Corporation of National and Community Service to assist local 
educational agencies with the implementation of this pilot program. 
Using grant funds, the local educational agency will establish a 
partnership with a community based organization to implement this pilot 
program, provide a service coordinator to assist participating high 
schools, and provide information to students about this program as 
early as their junior year.
  The Senior Year Community Service Act also requires the Department of 
Education to study the effects of this program on participating 
seniors. The evaluation will measure student academic achievement on 
State academic assessments, graduation rates and student rates of 
college enrollment, persistence and graduation. If the evaluation 
proves that this program is successful in increasing student 
achievement, the legislation calls upon the Department of Education to 
make this program a universal experience for high school seniors.
  Research has shown that participation in community service activities 
can lead to increased student achievement. In one study, students 
involved in community service and service-learning reported higher 
grades and better school attendance. In another study, civically-
engaged high school students tended to make greater academic progress 
and were more likely to graduate from college.
  The benefits of community service participation can reach beyond the 
school walls. The National Service-Learning Clearinghouse notes that in 
addition to increased academic achievement, service learning 
contributes to students' increased self-efficacy, enhanced problem-
solving skills, and enhanced civic engagement.
  We have seen colleges and universities take their own approaches to 
solving the problem of ``senioritis.'' Earlier this year, the New York 
Times reported that a handful of universities are taking action against 
slacking high school seniors--ranging from requiring students to meet 
monthly with the dean of admissions once enrolled, to rescinding 
admission status completely. Programs that keep seniors engaged in 
school can prevent college-bound students from squandering their 
precious opportunities.
  The Senior Year Community Service Act will prevent many high school 
students from wasting their senior year and makes community service a 
common expectation for high school seniors. I hope that my Senate 
colleagues will join me in supporting this bill that will help our 
youth stay on track for a bright and successful future.

                          ____________________