[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Pages 16735-16745]
[From the U.S. Government Publishing Office, www.gpo.gov]




          VETERANS' INSURANCE AND HEALTH CARE IMPROVEMENTS ACT

  Mr. DURBIN. I ask unanimous consent that the Veterans' Affairs 
Committee be discharged from further consideration of H.R. 3219, and 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 3219) to amend title 38, United States Code, 
     to make certain improvements in the laws administered by the 
     Secretary of Veterans Affairs relating to insurance and 
     health care, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on 
H.R. 3219, the proposed ``Veterans' Benefits Act of 2010.'' 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. A full explanation of the Senate and House 
negotiated agreement can be found in the Joint Explanatory Statement, 
which I will ask be printed in the Record at the conclusion of my 
remarks.
  The amended bill, which I will refer to as the ``compromise 
agreement,'' contains ten titles that are designed to enhance 
compensation, housing, labor and education, burial, and insurance 
benefits for veterans. I will highlight a few of the provisions.
  The compromise agreement would make several important improvements in 
insurance programs for disabled veterans. It would increase the maximum 
amount of veterans' mortgage life insurance that a service-connected 
disabled veteran may purchase from the current maximum of $90,000 up to 
$200,000. In the event of the veteran's death, the veteran's family 
would be protected because VA will pay the balance of the mortgage owed 
up to the maximum amount of insurance purchased. The need for this 
increase is obvious in today's housing market.
  In addition, this legislation would increase the amount of 
supplemental life insurance available to totally disabled veterans from 
$20,000 to $30,000. Many totally disabled veterans find it difficult to 
obtain commercial life insurance. This legislation would provide these 
veterans with a reasonable amount of life insurance coverage.
  This benefits package also includes a provision that will expand 
eligibility for retroactive benefits from traumatic injury protection 
coverage under the Servicemembers' Group Life Insurance program, 
commonly referred to as TSGLI. Section 1032 of Public Law 109-13, the 
Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief,

[[Page 16736]]

2005, established traumatic injury protection under the SGLI program. 
TSGLI went into effect on December 1, 2005. Therefore, all insured 
servicemembers under SGLI from that point forward are also insured 
under TSGLI and their injuries are covered regardless of where they 
occur. In order to provide assistance to those servicemembers who 
suffered traumatic injuries on or between October 7, 2001, and November 
30, 2005, retroactive TSGLI payments were authorized under section 
1032(c) of the Supplemental Appropriations Act to individuals whose 
qualifying losses were sustained ``as a direct result of injuries 
incurred in Operation Enduring Freedom or Operation Iraqi Freedom.'' 
Under section 501(b) of Public Law 109-233, the Veterans' Housing 
Opportunity and Benefits Improvement Act of 2006, this definition was 
amended to allow retroactive payments to individuals whose qualifying 
losses were sustained ``as a direct result of a traumatic injury 
incurred in the theater of operations for Operation Enduring Freedom 
and Operation Iraqi Freedom.''
  However, without corrective action, men and women who were 
traumatically injured on or between October 7, 2001, and November 30, 
2005, but were not in the OIF or OEF theaters of operation, will 
continue to be denied the same retroactive payment given to their 
wounded comrades. This legislation would correct that inequity.
  This bill also modifies programs that provide adaptive assistance to 
veterans. It would increase and provide an index for an existing VA 
grant program, which provides funds to assist severely disabled 
veterans in purchasing automobiles or other conveyances that can 
accommodate their disabilities. The increase to $18,900 would help 
prevent erosion of the value and effectiveness of this benefit.
  Another provision included in this bill would expand this grant 
program to provide automobile and adaptive equipment assistance to 
disabled veterans and servicemembers with severe burn injuries. Due to 
the severe damage done to their skin, individuals with these 
disabilities experience difficulty operating a standard automobile not 
equipped to accommodate their disabilities. This legislation would help 
them obtain vehicles with special adaptations for assistance in and out 
of the vehicle, seat comfort, and climate control.
  Another key part of this legislation is a provision to help homeless 
women veterans and homeless veterans with children. The majority of 
programs and service providers currently available to homeless veterans 
have historically been designed to assist male veterans. However, due 
to the increasing number of women serving in the Armed Forces, more 
than 5 percent of veterans requesting assistance from VA and community-
based homeless veteran service providers are women. More than 10 
percent of these women have dependent children. In addition, there are 
reports of a significant number of male homeless veterans who have 
dependent children as well. To meet these changing needs of our 
Nation's veterans and correct this inequity, this bill will establish a 
grant program for the reintegration of homeless women veterans and 
homeless veterans with children into the labor force.
  This bill would also increase to 2,700 the number of veterans who are 
authorized to enroll annually in a program of independent living 
services. This important program is designed to meet the needs of the 
most severely service-connected disabled veterans and more of those 
returning from combat have suffered the kind of devastating injuries 
that may make employment not reasonably feasible for extended periods 
of time.
  This is not a comprehensive recitation of all the provisions within 
this legislation. However, I hope that I have provided an appropriate 
overview of the major benefits this legislation would provide for 
America's veterans and servicemembers. I urge our colleagues to support 
this important legislation that would benefit many of this Nation's 
more than 23 million veterans and their families. I also urge the House 
of Representatives to work on this matter expeditiously so that this 
may be sent to the President for his signature.
  Mr. President, I ask unanimous consent that the Joint Explanatory 
Statement, which was developed with our colleagues in the House, be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Joint Explanatory Statement for H.R. 3219, as Amended

       H.R. 3219, as amended, the Veterans' Benefits Act of 2010, 
     reflects a Compromise Agreement reached by the House and 
     Senate Committees on Veterans' Affairs (the Committees) on 
     the following bills reported during the 111th Congress: H.R. 
     174; H.R. 466, as amended; H.R. 1037, as amended; H.R. 1088; 
     H.R. 1089, as amended; H.R. 1168, as amended; H.R. 1170, as 
     amended; H.R. 1171, as amended; H.R. 1172, as amended; H.R. 
     2180; H.R. 3219, as amended; H.R. 3949, as amended; H.R. 
     4592, as amended (House Bills); and S. 728, as amended; S. 
     1237, as reported; and S. 3609 (Senate Bills).
       H.R. 174 passed the House on November 2, 2009; H.R. 466, as 
     amended, passed the House on June 8, 2009; H.R. 1037, as 
     amended, passed the House on July 14, 2009; H.R. 1088 passed 
     the House on May 19, 2009; H.R. 1089, as amended, passed the 
     House on May 19, 2009; H.R. 1168, as amended, passed the 
     House on November 2, 2009; H.R. 1170, as amended, passed the 
     House on May 19, 2009; H.R. 1171, as amended, passed the 
     House on March 30, 2009; H.R. 1172, as amended, passed the 
     House on June 23, 2009; H.R. 3219, as amended, passed the 
     House on July 27, 2009; H.R. 3949, as amended, passed the 
     House on November 3, 2009. H.R. 4592 passed the House on 
     March 23, 2010. H.R. 1037, as amended, passed the Senate on 
     October 7, 2009.
       The Committees have prepared the following explanation of 
     H.R. 3219, as 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--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS

Extension and Expansion of Authority for Certain Qualifying Work-Study 
 Activities for Purposes of the Educational Assistance Programs of the 
                     Department of Veterans Affairs

     Current Law
       Section 3485 of title 38, United States Code (U.S.C.), 
     permits certain students enrolled in a program of education 
     to participate in work-study programs. Approved work-study 
     activities are generally activities relating to processing 
     documents or providing services at Department of Veterans 
     Affairs (VA) facilities. However, until June 30, 2010, 
     approved activities also included outreach services provided 
     by State approving agencies, care to veterans in State homes, 
     and activities related to the administration of national or 
     State veterans' cemeteries.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 1037, as amended, would require VA to conduct a five-
     year pilot program to expand work-study opportunities by 
     adding to the list of approved activities positions in 
     academic departments (including positions as tutors or 
     research, teaching, and lab assistants) and in student 
     services (including positions in career centers and financial 
     aid, campus orientation, cashiers, admissions, records, and 
     registration offices).
     Compromise Agreement
       Section 101 of the Compromise Agreement would extend the 
     authority from June 30, 2010, to June 30, 2013, during which 
     qualifying work-study activities may include assisting with 
     outreach services to servicemembers and veterans furnished by 
     employees of State approving agencies, provision of care to 
     veterans in State homes, and activities related to 
     administration of a national cemetery or State veterans' 
     cemetery. In addition, effective October 1, 2011, it would 
     add to the list of qualifying work-study activities the 
     following:
       Activities of State veterans agencies helping veterans 
     obtain any benefit under laws administered by VA or States;
       Positions at Centers of Excellence for Veteran Student 
     Success;
       Positions working in programs run jointly by VA and an 
     institution of higher learning; and
       Any other veterans-related position in an institution of 
     higher learning.

      Reauthorization of Veterans' Advisory Committee on Education

     Current Law
       Section 3692 of title 38 provides for the formation of a 
     Veterans' Advisory Committee on Education. The authority for 
     this Committee expired on December 31, 2009.
     Senate Bill
       The Senate Bills contain no comparable provision.

[[Page 16737]]


     House Bill
       Section 102 of H.R. 3949, as amended, would reauthorize the 
     Advisory Committee until December 31, 2015.
     Compromise Agreement
       Section 102 of the Compromise Agreement would extend the 
     Veterans' Advisory Committee on Education until December 31, 
     2013.

18-Month Period for Training of New Disabled Veterans' Outreach Program 
Specialists and Local Veterans' Employment Representatives by National 
          Veterans' Employment and Training Services Institute

     Current Law
       Section 4102A(c)(8) of title 38, U.S.C., requires that, as 
     a condition of receiving grants under the Disabled Veterans' 
     Outreach Program (DVOP) and the Local Veterans' Employment 
     Representatives (LVER) program authorities, States are 
     generally required to have each DVOP and LVER complete a 
     program of training through the National Veterans' Employment 
     and Training Services Institute within three years of 
     beginning employment.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 1088 would require that DVOPs and LVERs assigned to 
     perform those duties on or after the date of enactment 
     complete training within one year of being so assigned and 
     that DVOPs and LVERs hired on or after January 1, 2006, also 
     complete training within one year of the date of enactment.
     Compromise Agreement
       Section 103 of the Compromise Agreement would require that 
     DVOPs and LVERs hired on or after the date of enactment 
     complete training within 18 months of employment and that any 
     previously-hired DVOPs and LVERs who were hired on or after 
     January 1, 2006, also complete training within 18 months of 
     the date of enactment.

  Clarification of Responsibility of Secretary of Veterans Affairs to 
                    Verify Small Business Ownership

     Current Law
       Public Law 109-461 (120 Stat. 3403), the Veterans Benefits, 
     Health Care, and Information Technology Act of 2006, requires 
     VA to maintain the VetBiz Vendor Information Page (VIP) 
     database containing Veteran Owned Small Businesses (VOSB) and 
     Service-Disabled Veteran Owned Small Businesses (SDVOSB). 
     This law also requires VA to verify that registered firms 
     meet the eligibility requirements to be classified as VOSBs 
     or SDVOSBs to be included in the database.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 101 of H.R. 3949, as amended, would require VA to 
     verify small business concerns prior to being listed in the 
     VIP database.
     Compromise Agreement
       Section 104 of the Compromise Agreement follows the House 
     Bill.

  Demonstration Project for Referral of USERRA Claims Against Federal 
               Agencies to the Office of Special Counsel

     Current Law
       Under chapter 43 of title 38, U.S.C., the Department of 
     Labor has responsibility for receiving, investigating, and 
     attempting to resolve all claims filed under the Uniformed 
     Services Employment and Reemployment Rights Act (USERRA).
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 1089, as amended, would provide the U.S. Office of 
     Special Counsel with initial jurisdiction to investigate and 
     prosecute all USERRA complaints involving Federal executive 
     agencies and provide authority for individuals to file 
     complaints with the U.S. Office of Special Counsel. It would 
     clarify that the U.S. Office of Special Counsel has the same 
     authority as the U.S. Department of Labor to conduct 
     investigations and issue subpoenas when investigating USERRA 
     complaints.
     Compromise Agreement
       Section 105 of the Compromise Agreement would require the 
     Secretary of Labor and the Office of Special Counsel to carry 
     out a 36-month demonstration project to start no later than 
     60 days after the Comptroller General submits a report 
     assessing the proposed methods and procedures for the 
     demonstration project; under the demonstration project, 
     certain USERRA claims against Federal executive agencies 
     would be received by or referred to the Office of Special 
     Counsel. It would also allow the Office of Special Counsel to 
     receive and investigate certain claims under USERRA and 
     related prohibited personnel practice claims. Finally, the 
     Compromise Agreement would establish general guidelines for 
     administration of the demonstration project; would require 
     the Department of Labor and the Office of Special Counsel to 
     jointly establish methods and procedures to be used during 
     the demonstration project and submit to Congress a report 
     describing those methods and procedures; would require the 
     Comptroller General to submit to Congress a report assessing 
     those methods and procedures; and would require the 
     Comptroller General to submit to Congress reports on the 
     demonstration project.

               Veterans Energy-Related Employment Program

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 4592, as amended, would create a Veterans Energy-
     Related Employment Program pilot program, which would award 
     competitive grants to three States for the establishment of a 
     program that would reimburse energy employers for the cost of 
     providing on-the-job training for veterans in the energy 
     sector. The reimbursements would go to employers or labor-
     management organizations. Each participating State would be 
     required to provide evidence that it can produce such 
     training to serve a population of eligible veterans, has a 
     diverse energy industry, and the ability to carry out such a 
     program, as well as certify that participating veterans would 
     be hired at a wage rate consistent with the standard industry 
     average for jobs that are technically involved and have a 
     skill-set that is not transferable to other non-energy 
     industries. It would authorize appropriations of $10 million 
     a year for five years, beginning in 2011 through 2015.
     Compromise Agreement
       Section 106 of the Compromise Agreement would establish a 
     pilot competitive grant program (Veterans Energy-Related 
     Employment Program) as part of the Veterans Workforce 
     Investment Program for up to three States to provide grants 
     to energy employers that train veterans in skills particular 
     to the energy industry. States would need to repay funds not 
     used for the purposes outlined for this pilot program and 
     submit reports on the use of the grant funds to the Secretary 
     of Labor. This section would outline requirements employers 
     must meet to receive funds from a State and would prohibit 
     the use of funds for non-eligible veterans or eligible 
     veterans whose employment is funded through any other 
     governmental program. A report to Congress would be required 
     to be submitted by the Secretary. The administrative costs of 
     the Secretary would be limited to 2 percent of the 
     appropriations for this program and the Secretary of Labor 
     would be permitted to determine the maximum amounts of each 
     grant that may be used for administration and reporting 
     costs. Section 106 of the Compromise Agreement would 
     authorize $1.5 million for the grant program for each of 
     fiscal years 2012 through 2014.

              Pat Tillman Veterans' Scholarship Initiative

     Current Law
       There is no relevant provision in current law.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 1172, as amended, would require VA to provide and 
     maintain on its website by June 1, 2010, information 
     regarding scholarships that are available to veterans and 
     family members of deceased veterans. Information to be 
     provided on the website would include a list of organizations 
     offering scholarships and a link to their websites. VA would 
     also be required to notify schools and other organizations of 
     the opportunity to be listed on the website.
     Compromise Agreement
       Section 107 of the Compromise Agreement follows the House 
     Bill but requires the VA, by June 1, 2011, to make available 
     on its website a list of organizations that provide 
     scholarships to veterans and their survivors. VA would be 
     required to make reasonable efforts to notify schools and 
     other organizations of the opportunity to be listed on the 
     website.

               TITLE II--HOUSING AND HOMELESSNESS MATTERS

 Reauthorization of Appropriations for Homeless Veterans Reintegration 
                                Program

     Current Law
       The Homeless Veterans Reintegration Program (HVRP) was 
     initially enacted in 1987 as part of Public Law 100-77, the 
     Stewart B. McKinney Homeless Assistance Act, to expand 
     services beyond food and shelter to homeless veterans. Public 
     Law 107-95, the Homeless Veterans Comprehensive Assistance 
     Act of 2001, directed the Secretary of Labor to provide 
     homeless veterans with job training, counseling, and 
     placement services as part of a holistic approach to 
     reintegrating homeless veterans back into society. The 
     authorization of appropriations to carry out this program 
     expired at the end of fiscal year 2009.
     Senate Bill
       The Senate Bills contain no comparable provision.

[[Page 16738]]


     House Bill
       Section 2 of H.R. 1171, as amended, would reauthorize, 
     through fiscal year 2014, the Department of Labor's HVRP.
     Compromise Agreement
       Section 201 of the Compromise Agreement follows the House 
     Bill, except that it would reauthorize the HVRP through 
     fiscal year 2011.

      Homeless Women Veterans and Homeless Veterans with Children 
                      Reintegration Grant Program

     Current Law
       Currently, under section 2021 of title 38, U.S.C., the 
     Secretary of Labor is required to conduct, directly or 
     through grant or contract, the HVRP. Through HVRP, the 
     Secretary selects programs that are appropriate to provide 
     job training, counseling, and placement services (including 
     job readiness, literacy and skills training) to expedite the 
     reintegration of homeless veterans into the labor force. HVRP 
     is administered through the Assistant Secretary of Labor for 
     Veterans' Employment and Training (VETS).
     Senate Bill
       Section 102 of S. 1237, as reported, would amend Subchapter 
     III of chapter 20 of title 38, U.S.C., by adding a new 
     section 2021A, entitled ``Grant program for reintegration of 
     homeless women veterans and homeless veterans with 
     children.'' This grant program would differ from the current 
     HVRP grants in that it would be strictly a grant program and 
     would focus specifically on providing services that will 
     assist in the reintegration into the labor force of homeless 
     women veterans and homeless veterans with children. Like the 
     current HVRP grants, services under this new grant program 
     would include job training, counseling, and job placement 
     services, including job readiness, literacy, and skills 
     training. Importantly, it would also include child care 
     services to serve more effectively the target population.
     House Bill
       Section 3 of H.R. 1171, as amended, would amend title 38, 
     U.S.C., adding a new section 2021A, entitled ``Homeless women 
     veterans and homeless veterans with children reintegration 
     grant program.'' That bill would direct the Secretary of 
     Labor to carry out a grant program to provide reintegration 
     services through programs and facilities that emphasize 
     services for homeless women veterans and homeless veterans 
     with children.
     Compromise Agreement
       Section 202 of the Compromise Agreement generally follows 
     the House Bill. However, the authorization of appropriations 
     to carry out this program is $1 million for fiscal years 2011 
     to 2015.

      Specially Adapted Housing Assistive Technology Grant Program

     Current Law
       There is no current provision in title 38, U.S.C., 
     authorizing grants to develop assistive technology for 
     specially adapted housing. The Specially Adapted Housing 
     (SAH) program was established in 1948 by Public Law 80-702, 
     an act to authorize assistance to certain veterans in 
     acquiring specially adapted housing which they require by 
     reason of their service-connected disabilities. The SAH 
     program provides grants to certain qualifying service-
     connected disabled veterans to assist them in acquiring 
     suitable housing.
     Senate Bill
       The Senate Bills contain no comparable provisions.
     House Bill
       H.R. 1170, as amended, would authorize a five-year pilot 
     program to promote research and development of adaptive 
     technologies that would be applicable to the SAH program. It 
     would also provide that VA retain a 30 percent interest in 
     any patent approved as a result of funding through this grant 
     program. The bill would further require that VA retain any 
     investment returns from these patents to assist in funding 
     grants, during the duration of this program. It would 
     authorize $2 million per year for purposes of this grant 
     program; those amounts would be derived from amounts 
     appropriated for VA Medical Services.
     Compromise Agreement
       Section 203 of the Compromise Agreement generally follows 
     the House Bill. However, under the Compromise Agreement, the 
     Secretary would not retain any patent rights to the 
     technology developed by any grant recipient, the funding 
     amount would be reduced from $2 million to $1 million per 
     fiscal year to carry out this program, and the funding would 
     now come from amounts appropriated to VA for readjustment 
     benefits, not Medical Services. The effective date of the 
     five-year pilot program would be October 1, 2011.

Waiver of Housing Loan Fee for Certain Veterans With Service-Connected 
                 Disabilities Called to Active Service

     Current Law
       Current law, section 3729(c)(1) of title 38, U.S.C., states 
     that a loan fee, normally collected from each person 
     obtaining a housing loan guaranteed, insured or made under 
     chapter 37, will be waived for a veteran who is receiving 
     compensation, or who, but for the receipt of retirement pay, 
     would be entitled to receive compensation.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 2180 would waive housing loan fees for certain 
     veterans with service-connected disabilities called back to 
     active service.
     Compromise Agreement
       Section 204 of the Compromise Agreement follows the House 
     Bill.

           TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

                  Residential and Motor Vehicle Leases

     Current Law
       Section 305 of the Servicemembers Civil Relief Act (SCRA) 
     permits the cancellation of motor vehicle leases and 
     prohibits early termination penalties. It also permits 
     cancellation of residential leases, but it does not provide 
     protection from early termination fees.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 202 of H.R. 3949 would amend subsection (e) of 
     section 305 of SCRA to revise provisions concerning 
     arrearages and other obligations to prohibit a lessor from 
     charging an early termination charge with respect to a 
     residential, professional, business, or agricultural rental 
     lease entered into by a person who subsequently enters 
     military service, or for a servicemember who has received 
     orders for permanent change of station or for deployment in 
     support of a military operation. It would provide that unpaid 
     lease charges shall be paid by the lessee.
     Compromise Agreement
       Section 301 of the Compromise Agreement follows the House 
     bill.

               Termination of Telephone Service Contracts

     Current Law
       Section 305A of SCRA permits certain servicemembers the 
     option to request a termination or suspension of their 
     cellular phone contracts if they are deployed outside of the 
     continental United States for a period of not less than 90 
     days or have a permanent change of duty station within the 
     United States.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 201 of H.R. 3949 would amend section 305A of the 
     SCRA to allow a servicemember to terminate certain service 
     contracts if the servicemember has received military orders 
     to deploy for a period of not less than 90 days or for a 
     change of duty station to a location that does not support 
     such service. Furthermore, if the terminated contract was for 
     cellular or telephone exchange services, it would allow a 
     servicemember to keep the phone number to the extent 
     practicable and in accordance with applicable law. Covered 
     contracts would include cellular telephone service (including 
     family plans with the servicemember), telephone exchange 
     service, multi-channel video programming service and internet 
     service, as well as home water, electricity, home heating oil 
     and natural gas services. Servicemembers would be required to 
     deliver a written notice of termination of the service 
     contract and the military orders to the service provider by 
     hand delivery, private carrier, fax, or U.S. Postal Service 
     with return receipt requested and sufficient postage. A 
     service provider would be prohibited from imposing an early 
     termination charge, but could collect appropriate tax, 
     obligation or liability under the contract.
     Compromise Agreement
       Section 302 of the Compromise Agreement would allow a 
     servicemember to terminate a contract for cellular telephone 
     or telephone exchange service at any time after receiving 
     notice of military orders to relocate for a period of 90 days 
     or more to a location that does not support the contract. It 
     would further require the telephone number of an individual 
     who terminated a contract to be kept available for a period 
     of not to exceed three years if the servicemember re-
     subscribes to the service within 90 days of the last day of 
     relocation. Finally, section 302 of the Compromise Agreement 
     would permit certain family plan contracts for cellular 
     telephone service entered into by a family member of a 
     servicemember to be terminated.

   Enforcement by the Attorney General and by Private Right of Action

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 203 of H.R. 3949 would amend the SCRA to add a new 
     title, Title VIII--Civil Liability, which would authorize the 
     U.S. Attorney General to bring a civil action in U.S. 
     district court to enforce provisions of the SCRA. It would 
     also authorize the court to

[[Page 16739]]

     grant appropriate relief to include monetary damages. The 
     court would be authorized in certain circumstances to impose 
     a civil penalty that, for the first violation, will not 
     exceed $55,000 and, for any subsequent violation, will not 
     exceed $110,000. It would provide intervenor rights to 
     aggrieved persons for a civil action that has already been 
     started. In addition, it would clarify that a person has a 
     private right of action to file a civil action for violations 
     under the SCRA and that the court may award costs and 
     attorney fees to a servicemember who prevails. Finally, it 
     would provide that the rights granted under sections 801 or 
     802 will not limit or exclude any other rights that may also 
     be available under Federal or state law.
     Compromise Agreement
       Section 303 of the Compromise Agreement generally follows 
     the House bill with some technical changes.

                      TITLE IV--INSURANCE MATTERS

   Increase in Amount of Supplemental Insurance for Totally Disabled 
                                Veterans

     Current Law
       Section 1922A of title allows eligible totally disabled 
     veterans to receive a maximum of $20,000 in Service-Disabled 
     Veterans' Insurance (S-DVI) supplemental life insurance 
     coverage.
     Senate Bill
       Section 101 of H.R. 1037, as amended, would amend section 
     1922A(a) of title 38, U.S.C., to increase the amount of life 
     insurance available to totally disabled veterans by allowing 
     them to purchase an additional $10,000 in supplemental 
     insurance coverage. This would raise the maximum amount of S-
     DVI supplemental coverage to $30,000.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 401 of the Compromise Agreement follows the Senate 
     Bill, except that the provision would take effect on October 
     1, 2011.

Permanent Extension of Duration of Servicemembers' Group Life Insurance 
                 Coverage for Totally Disabled Veterans

     Current Law
       VA offers a variety of life insurance options for 
     servicemembers, veterans, and their families. Among these is 
     the Servicemembers' Group Life Insurance (SGLI) program, 
     which offers low-cost group life insurance for servicemembers 
     on active duty, Ready Reservists, members of the National 
     Guard, members of the Commissioned Corps of the National 
     Oceanic and Atmospheric Administration and the Public Health 
     Service, cadets and midshipmen of the four service academies, 
     and members of the Reserve Officer Training Corps. SGLI 
     coverage is available in $50,000 increments up to the maximum 
     of $400,000.
       Public Law 93-289, the Veterans' Insurance Act of 1974, 
     established a new program of post-separation insurance known 
     as Veterans' Group Life Insurance (VGLI). 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. VGLI coverage is 
     issued in multiples of $10,000 up to a maximum of $400,000.
       Under current law, VGLI applications for coverage must 
     occur within one year and 120 days from discharge. However, 
     servicemembers who are totally disabled at the time of 
     discharge may have a longer period within which to convert 
     their SGLI coverage to VGLI. Public Law 109-233, the 
     Veterans' Housing Opportunity and Benefits Improvement Act of 
     2006, authorized VA to extend from one to two years, after 
     separation from active duty service, the period within which 
     totally disabled members may receive premium free SGLI 
     coverage and convert their coverage to a policy under the 
     VGLI program after separation from active duty service. 
     However, Public Law 109-233 mandated that on or after October 
     1, 2011, this two-year time period would be shortened to 18 
     months.
     Senate Bill
       Section 101 of S. 3765 would amend section 1968(a) of title 
     38, U.S.C., to eliminate the expiration date for a potential 
     two-year extension of SGLI coverage available to 
     servicemembers who are totally disabled when they separate 
     from service.
     House Bill
       Section 101 of H.R. 3219, as amended, would amend section 
     1968(a) of title 38, U.S.C., to eliminate the expiration date 
     for a potential two-year extension of SGLI coverage available 
     to servicemembers who are totally disabled when they separate 
     from service.
     Compromise Agreement
       Section 402 of the Compromise Agreement follows the 
     language in both bills.

 Adjustment of Coverage of Dependents Under Servicemembers' Group Life 
                               Insurance

     Current Law
       Under current law, insurable dependents of servicemembers 
     on active duty, or Ready Reservists who are totally disabled 
     on the date of separation or release from service or 
     assignment, are authorized to continue receiving insurance 
     coverage long after the servicemembers' separation or release 
     from service. Servicemembers on active duty are potentially 
     eligible for continued coverage for up to 2 years after the 
     date of separation or release from service; Ready Reservists 
     are potentially eligible for an additional 1 year of coverage 
     after separation or release from an assignment. Thereafter, 
     the insurable dependents of covered servicemembers on active 
     duty are also potentially eligible for continued coverage for 
     up to 2 years after the date of separation or release from 
     service or, in the case of an insurable dependent of a Ready 
     Reservist, up to 1 year after the date of separation or 
     release from an assignment.
     Senate Bill
       Section 102 of H.R. 1037, as amended, would amend section 
     1968(a)(5)(B)(ii) of title 38, U.S.C., so that no insurable 
     dependent, not even those of servicemembers who remain 
     covered for up to 1 or 2 years after service or assignment, 
     could remain covered under SGLI for more than 120 days after 
     the servicemember's separation or release from service or 
     assignment.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 403 of the Compromise Agreement follows the Senate 
     Bill.

    Opportunity to Increase Amount of Veterans' Group Life Insurance

     Current Law
       Section 1977(a)(1) of title 38, U.S.C., limits the amount 
     of VGLI coverage a veteran may carry to the amount of SGLI 
     coverage that continued in force after that veteran was 
     separated from service.
     Senate Bill
       Section 102 of S. 3765 would amend section 1977(a) of title 
     38, U.S.C., to allow VGLI participants who are under the age 
     of 60 and insured for less than the current maximum 
     authorized for SGLI the opportunity to obtain, without a 
     health care examination, an additional $25,000 in coverage 
     once every 5 years at the time of renewal.
     House Bill
       Section 102 of H.R. 3219, as amended, would amend section 
     1977(a) of title 38, U.S.C., to allow VGLI participants who 
     are under the age of 60 and insured for less than the current 
     maximum authorized for SGLI the opportunity to obtain, 
     without a health care examination, an additional $25,000 in 
     coverage once every 5 years at the time of renewal.
     Compromise Agreement
       Section 404 of the Compromise Agreement follows the 
     language in both bills.

  Elimination of Reduction in Amount of Accelerated Death Benefit for 
    Terminally Ill Persons Insured Under Servicemembers' Group Life 
              Insurance and Veterans' Group Life Insurance

     Current Law
       The current SGLI/VGLI Accelerated Benefits Option (ABO) 
     requires VA to discount or reduce the payout available under 
     both the SGLI and VGLI programs for terminally ill 
     servicemembers and veterans who exercise the option to use up 
     to half of their policy. Currently, VA discounts this payment 
     by an amount commensurate to the interest rate earned by the 
     program on its investment in effect at the time that a 
     servicemember or veteran applies for the benefits, thereby 
     often significantly reducing the amount of the ABO payment.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 103 of H.R. 3219, as amended, would amend section 
     1980(b)(1) of title 38, U.S.C., by eliminating the 
     requirement that the lump sum accelerated payment be 
     ``reduced by an amount necessary to assure that there is no 
     increase in the actuarial value of the benefit paid, as 
     determined by the Secretary.''
     Compromise Agreement
       Section 405 of the Compromise Agreement follows the House 
     Bill.

 Consideration of Loss of Dominant Hand in Prescription of Schedule of 
Severity of Traumatic Injury Under Servicemembers' Group Life Insurance

     Current Law
       Under current law, traumatic injury protection under 
     Servicemembers' Group Life Insurance (TSGLI) provides for 
     payment to servicemembers who suffer a qualifying loss as a 
     result of a traumatic injury event. In the event of a 
     qualifying loss, VA will pay between $25,000 and $100,000, 
     depending on the severity of the qualifying loss. In 
     prescribing payments, VA does not account for the effect, if 
     any, that the loss of a dominant hand has on lengthening 
     hospitalization or rehabilitation periods.

[[Page 16740]]


     Senate Bill
       Section 104 of H.R. 1037, as amended, would amend section 
     1980A(d) of title 38, U.S.C., to authorize VA to distinguish 
     in specifying payments for qualifying losses of a dominant 
     hand and a non-dominant hand.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 406 of the Compromise Agreement follows the Senate 
     Bill except that the provision would take effect on October 
     30, 2011.

            Enhancement of Veterans' Mortgage Life Insurance

     Current Law
       Under current law, service-connected disabled veterans who 
     have received specially adapted housing grants from VA may 
     purchase up to $90,000 in Veterans' Mortgage Life Insurance 
     (VMLI). In the event of the veteran's death, the veteran's 
     family is protected because VA will pay the balance of the 
     mortgage owed up to the maximum amount of insurance 
     purchased.
     Senate Bill
       Section 105 of H.R. 1037, as amended, would amend section 
     2106(b) of title 38, U.S.C., to increase the maximum amount 
     of insurance that may be purchased under the VMLI program 
     from the current maximum of $90,000 to $150,000 effective on 
     October 1, 2012. The maximum amount would then increase from 
     $150,000 to $200,000 on January 1, 2012.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 407 of the Compromise Agreement follows the Senate 
     Bill, except that the provision would take effect on October 
     1, 2011.

   Expansion of Individuals Qualifying for Retroactive Benefits From 
 Traumatic Injury Protection Coverage Under Servicemembers' Group Life 
                               Insurance

     Current Law
       Under current law, TSGLI provides coverage against 
     qualifying losses incurred as a result of a traumatic injury. 
     In the event of a loss, VA will pay between $25,000 and 
     $100,000 depending on the severity of the qualifying loss. 
     TSGLI went into effect on December 1, 2005. In order to 
     provide assistance to those servicemembers suffering 
     traumatic injuries on or before October 7, 2001, and November 
     30, 2005, retroactive TSGLI payments were authorized under 
     section 1032(c) of Public Law 109-13, the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Tsunami Relief, 2005, to individuals whose 
     qualifying losses were sustained as ``a direct result of 
     injuries incurred in Operation Enduring Freedom or Operation 
     Iraqi Freedom.'' Under section 501(b) of Public Law 109-233, 
     the Veterans' Housing Opportunity Benefits Improvement Act of 
     2006, this definition was amended to allow retroactive 
     payments to individuals whose qualifying losses were 
     sustained as a ``direct result of a traumatic injury incurred 
     in the theater of operations for Operation Enduring Freedom 
     and Operation Iraqi Freedom.'' Men and women who were 
     traumatically injured on or between October 7, 2001, and 
     November 30, 2005, but were not in the Operation Iraqi 
     Freedom or Operation Enduring Freedom theaters of operation 
     are not eligible for retroactive payments.
     Senate Bill
       Section 103 of H.R. 1037, as amended, would amend section 
     501(b) of Public Law 109-233 so as to remove the requirement 
     that limits retroactive TSGLI payments to those who served in 
     the Operation Iraqi Freedom (OIF) or Operation Enduring 
     Freedom (OEF) theaters of operation. Thus, this section of 
     the Compromise Agreement would authorize retroactive TSGLI 
     payments for qualifying traumatic injuries incurred on or 
     after October 7, 2001, but before December 1, 2005, 
     irrespective of where the injuries occurred.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 408 of the Compromise Agreement follows the Senate 
     Bill, except that the provision would take effect on October 
     1, 2011.

                  TITLE V--BURIAL AND CEMETERY MATTERS

Increase in Certain Burial and Funeral Benefits and Plot Allowances for 
                                Veterans

     Current law
       Under current law, VA will pay up to $300 toward the 
     funeral and burial costs of veterans who die while receiving 
     care at certain VA facilities. In addition, VA will pay a 
     $300 plot allowance when a veteran is buried in a cemetery 
     not under U.S. government jurisdiction if: the veteran was 
     discharged from active duty because of a disability incurred 
     or aggravated in the line of duty; the veteran was receiving 
     compensation or pension, or would have been if he/she was not 
     receiving military retired pay; or the veteran died in a VA 
     facility. The plot allowance may be paid to the State for the 
     cost of a plot or interment in a State-owned cemetery 
     reserved solely for veteran burials if the veteran was buried 
     without charge.
     Senate Bill
       Section 501 of H.R. 1037, as amended, would increase 
     payments for funeral and burial expenses in the case of 
     individuals who die in VA facilities and for plot allowances 
     up to $745 and would increase this amount annually by a cost-
     of-living adjustment. These increases would be effective for 
     deaths occurring on or after October 1, 2010, but no cost-of-
     living adjustment would be paid in fiscal year 2011.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 501 of the Compromise Agreement would increase the 
     amount paid for the burial and funeral of a veteran who dies 
     in a VA facility or the plot allowance for a deceased veteran 
     who is eligible for burial at a national cemetery from $300 
     to $700, effective October 1, 2011. It would further direct 
     the Secretary of Veterans Affairs to provide an annual 
     percentage increase in relation to the Consumer Price Index. 
     Finally, the Compromise Agreement would provide that no cost-
     of-living increases are to be made to these benefits in 
     fiscal year 2012.

    Interment in National Cemeteries of Parents of Certain Deceased 
                                Veterans

     Current Law
       Under section 2402(5) of title 38, U.S.C., certain spouses, 
     surviving spouses, and minor children of servicemembers and 
     veterans who are eligible for burial in national cemeteries 
     are eligible to be interred in national cemeteries.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 303 of H.R. 3949, the Corey Shea Act, would give VA 
     the discretion to provide space-available burial to 
     qualifying parents in the gravesite of their deceased son or 
     daughter who, on or after October 7, 2001, died in combat or 
     died of a combat-related training injury and who has no other 
     eligible survivors as identified under section 2402(5) of 
     title 38, U.S.C. The term parent would mean the biological 
     mother or father or, in the case of adoption, the adoptive 
     mother or father.
     Compromise Agreement
       Section 502 of the Compromise Agreement follows the House 
     Bill.

            Reports on Selection of New National Cemeteries

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       H.R. 174 would direct VA to establish a national cemetery 
     for veterans in the Southern Colorado area.
     Compromise Agreement
       Section 503 of the Compromise Agreement would require VA, 
     not later than one year following the date of enactment, to 
     report to Congress on the selection and construction of five 
     new national cemeteries in areas in Southern Colorado; 
     Melbourne and Daytona, Florida; Rochester and Buffalo, New 
     York; Tallahassee, Florida; and Omaha, Nebraska. The 
     Secretary would be required to solicit the advice and views 
     of State and local veterans organizations. The report would 
     be required to include a schedule for the establishment of 
     and the funds available for each such cemetery. The 
     Compromise Agreement would further require annual reports to 
     be submitted to Congress until the completion of the 
     cemeteries.

                   TITLE VI--COMPENSATION AND PENSION

 Enhancement of Disability Compensation for Certain Disabled Veterans 
  With Difficulties Using Prostheses and Disabled Veterans in Need of 
   Regular Aid and Attendance for Residuals of Traumatic Brain Injury

     Current Law
       Currently, under subsections (a) through (j) of section 
     1114 of title 38, U.S.C., VA pays disability compensation to 
     a veteran based on the rating assigned to the veteran's 
     service-connected disabilities. Under subsections (m), (n), 
     and (o) of section 1114, higher levels of monthly 
     compensation are paid to veterans with severe disabilities if 
     certain criteria are satisfied. The criteria for compensation 
     under section 1114(m) include ``the anatomical loss . . . of 
     both legs at a level, or with complications, preventing 
     natural knee action with prostheses in place'' or ``the 
     anatomical loss . . . of one arm and one leg at levels, or 
     with complications, preventing natural elbow and knee action 
     with prostheses in place.'' The criteria for compensation 
     under section 1114(n) include ``the anatomical loss . . . of 
     both arms at levels, or with complications, preventing 
     natural elbow action with prostheses in place''; ``the 
     anatomical loss of both legs so near the hip as to prevent 
     the use of prosthetic appliances''; or ``the anatomical loss 
     of one arm and one leg so near the shoulder and hip as to 
     prevent the use of prosthetic appliances.''

[[Page 16741]]

     The criteria for compensation under section 1114(o) include 
     ``the anatomical loss of both arms so near the shoulder as to 
     prevent the use of prosthetic appliances.''
       Currently, the monthly compensation under subsections (a) 
     through (j) of section 1114 ranges from $123 per month for a 
     single veteran with no dependents rated 10 percent to $2,673 
     per month for the same single veteran rated 100 percent. 
     Under section 1114(l) of title 38, U.S.C., VA provides a 
     higher amount of compensation, currently $3,327 per month for 
     a single veteran, if the veteran is ``in need of regular aid 
     and attendance.'' A veteran who requires regular aid and 
     attendance may be entitled to an additional $2,002 per month, 
     under section 1114(r)(1) of title 38, U.S.C., if the veteran 
     suffers from severe service-connected physical disabilities. 
     Also, under section 1114(r)(2), a higher level of aid and 
     attendance compensation, currently an additional $2,983 per 
     month, is provided to certain veterans with severe service-
     connected disabilities who need ``a higher level of care'' in 
     addition to regular aid and attendance. Under section 
     1114(r)(2), this higher level of compensation generally is 
     provided only to a veteran who has suffered a severe 
     anatomical loss, who needs ``health-care services provided on 
     a daily basis in the veteran's home,'' and who would require 
     institutionalization in the absence of that care.
     Senate Bill
       Section 205(a) of H.R. 1037, as amended, would amend 
     subsections (m), (n), and (o) of section 1114 to remove the 
     provisions conditioning higher monthly compensation on the 
     site of, or complications from, an anatomical loss. Instead, 
     if the other requirements are satisfied, it would allow the 
     higher rates to be paid if any factors prevent natural elbow 
     or knee action with prostheses in place or prevent the use of 
     prosthetic appliances.
       Section 205(b) of H.R. 1037, as amended, would add a new 
     subsection (t) to section 1114, which would provide that, if 
     a veteran is in need of regular aid and attendance due to the 
     residuals of traumatic brain injury, is not eligible for 
     compensation under section 1114(r)(2), and, in the absence of 
     regular aid and attendance, would require institutional care, 
     the veteran will be entitled to a monthly aid and attendance 
     allowance equivalent to the allowance provided under section 
     1114(r)(2).
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 601 of the Compromise Agreement follows the Senate 
     Bill.

    Cost-of-Living Increase for Temporary Dependency and Indemnity 
  Compensation Payable for Surviving Spouses With Dependent Children 
                          Under the Age of 18

     Current Law
       Under section 1310 of title 38, U.S.C., VA provides 
     dependency and indemnity compensation (DIC) to a surviving 
     spouse if a veteran's death resulted from: (1) a disease or 
     injury incurred or aggravated in the line of duty while on 
     active duty or active duty for training; (2) an injury 
     incurred or aggravated in the line of duty while on inactive 
     duty for training; or (3) a service-connected disability or a 
     condition directly related to a service-connected disability.
       Section 301 of Public Law 108-454, the Veterans Benefits 
     Improvement Act of 2004, amended section 1311 of title 38, 
     U.S.C., to authorize VA to pay a $250 per month temporary 
     benefit to a surviving spouse with one or more children below 
     the age of 18, during the 2 years following the date on which 
     entitlement to DIC began. This provision was enacted in 
     response to a May 2001 program evaluation report 
     recommendation on the need for transitional DIC.
     Senate Bill
       Section 201 of H.R. 1037, as amended, would amend section 
     1311(f) of title 38, U.S.C., by authorizing a permanent, 
     automatic, cost-of-living adjustment for this temporary DIC 
     payment so that the value of the benefit does not erode over 
     time.
       This cost-of-living increase would occur whenever there is 
     an increase in benefit amounts payable under title II of the 
     Social Security Act, section 401 et seq., title 42, U.S.C.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 602 of the Compromise Agreement follows the Senate 
     bill.

Payment of Dependency and Indemnity Compensation to Survivors of Former 
       Prisoners of War Who Died on or Before September 30, 1999

     Current Law
       Under chapter 13 of title 38, U.S.C., DIC is paid to the 
     surviving spouse or children of a veteran when the veteran's 
     death is a result of a service-connected disability. In 
     addition, VA provides DIC to the surviving spouses and 
     children of veterans who have died after service from a non-
     service-connected disability if the veteran had been totally 
     disabled due to a service-connected disability for a 
     continuous period of 10 or more years immediately preceding 
     death or for a continuous period of at least 5 years after 
     the veteran's release from service.
       Prior to Public Law 106-117, the Veterans Millennium Health 
     Care and Benefits Act, the survivors of former Prisoners of 
     War (POWs) were eligible for DIC under the same rules as all 
     other survivors. Section 501 of Public Law 106-117 extended 
     eligibility for DIC to the survivors of former POWs who died 
     after September 30, 1999, from non-service-connected causes 
     if the former POWs were totally disabled due to a service-
     connected cause for a period of 1 or more years, rather than 
     10 or more years, immediately prior to death.
     Senate Bill
       Section 208 of H.R. 1037, as amended, would amend section 
     1318(b)(3) of title 38, U.S.C., to make all survivors of 
     former POWs eligible for DIC if the veteran died from non-
     service-connected causes and was totally disabled due to a 
     service-connected condition for a period of 1 or more years 
     immediately prior to death, without regard to date of death.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 603 of the Compromise Agreement follows the Senate 
     bill.

Exclusion of Certain Amounts From Consideration as Income for Purposes 
                      of Veterans Pension Benefits

     Current Law
       Under chapter 15 of title 38, U.S.C., VA is authorized to 
     pay pension benefits to wartime veterans who have limited or 
     no income, and who are ages 65 or older, or, if under 65, who 
     are permanently and totally disabled.
       When calculating annual income for purposes of these 
     pension benefits, section 1503 of title 38, U.S.C., 
     authorizes VA to include income received by the veteran and 
     from most sources. However, certain sources of income, such 
     as donations from public or private relief or welfare 
     organizations, are not taken into account.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 604 of the Compromise Agreement would exclude, for 
     purposes of determining income for pension eligibility, up to 
     $5,000, paid to a veteran from a State or municipality, if 
     the benefit was paid due to the veteran's injury or disease.

 Commencement of Period of Payment of Original Awards of Compensation 
   for Veterans Retired or Separated From the Uniformed Services for 
                        Catastrophic Disability

     Current Law
       Under section 5110(b)(1) of title 38, U.S.C., if a veteran 
     files a claim for VA disability compensation within 1 year 
     after being discharged from military service, the effective 
     date of an award of service connection will be the day after 
     the date of discharge. However, under section 5111(a) of 
     title 38, U.S.C., the effective date for payment of 
     compensation based on that award will not be until the first 
     day of the month following the month in which the service-
     connection award is effective.
     Senate Bill
       Section 206 of H.R. 1037, as amended, would amend section 
     5111 of title 38, U.S.C., to provide that, if a veteran is 
     retired from the military for a catastrophic disability or 
     disabilities, payment of disability compensation based on an 
     original claim for benefits will be made as of the date on 
     which the award of compensation becomes effective. 
     ``Catastrophic disability'' would be defined as a permanent, 
     severely disabling injury, disorder, or disease that 
     compromises the ability of the veteran to carry out the 
     activities of daily living to such a degree that the veteran 
     requires personal or mechanical assistance to leave home or 
     bed, or requires constant supervision to avoid physical harm 
     to self or others.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 605 of the Compromise Agreement follows the Senate 
     Bill.

 Applicability of Limitation to Pension Payable to Certain Children of 
                      Veterans of a Period of War

     Current Law
       Under current law, a veteran with no dependents who is 
     entitled to receive pension under section 1521 of title 38, 
     U.S.C., cannot be paid more than $90 per month if the veteran 
     is in a nursing facility where services are covered by a 
     Medicaid plan. In instances where a veteran's surviving 
     spouse is entitled to receive pension under section 1541 of 
     title 38, U.S.C., the surviving spouse also cannot be paid 
     more than $90 per month if the surviving spouse has no 
     dependents and is in a nursing facility where services are 
     covered by a Medicaid plan. The $90 pension

[[Page 16742]]

     benefit may not be counted in determining eligibility for 
     Medicaid or the patient's share of cost.
       Under section 101(4)(A) of title 38, U.S.C., a child is 
     defined as a person who is unmarried and under the age of 18 
     years; before reaching the age of 18 years, became 
     permanently incapable of self-support; or, after attaining 
     the age of 18 years and until completion of education or 
     training, but not after attaining the age of 23 years, is 
     pursuing a course of instruction at an approved educational 
     institution. Such a child is entitled to pension under 
     section 1542 of title 38, U.S.C., if the income of the child 
     is less than the statutory benefit amount payable to the 
     child. If such a child is admitted to a nursing facility 
     where services are covered by a Medicaid plan, the pension 
     benefits for the child are not currently reduced to $90.
     Senate Bill
       Section 207 of H.R. 1037, as amended, would amend section 
     5503 of title 38, U.S.C., so that adult-disabled children of 
     veterans who receive pension under section 1542 of title 38, 
     U.S.C., and are covered by a Medicaid plan while residing in 
     nursing homes, would have their pension benefits reduced in 
     the same manner as veterans and surviving spouses.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 606 of the Compromise Agreement follows the Senate 
     bill.

 Extension of Reduced Pension for Certain Veterans Covered by Medicaid 
           Plans for Services Furnished by Nursing Facilities

     Current Law
       Public Law 101-508, the Omnibus Budget Reconciliation Act 
     of 1990, reduced VA pension for certain veterans in receipt 
     of Medicaid-covered nursing home care to no more than $90 per 
     month, for any period after the month of admission to the 
     nursing care facility. This authority expired on September 
     30, 1992, and was extended through 1997 in Public Law 102-
     568, the Veterans' Benefits Act of 1992; through 1998 in 
     Public Law 103-66, the Omnibus Budget Reconciliation Act of 
     1993; through 2002 in Public Law 105-33, the Balanced Budget 
     Act of 1997; through 2008 in Public Law 106-419, the 
     Veterans' Benefits and Health Care Improvement Act of 2000; 
     and through 2011 in Public Law 107-103, the Veterans' 
     Education and Benefits Expansion Act of 2001.
     Senate Bill
       Section 204 of H.R. 1037, as amended, would amend section 
     5503(d)(7) of title 38, U.S.C., to extend, from September 30, 
     2011, to September 30, 2014, the authority for limitation of 
     VA pension to $90 per month for certain beneficiaries 
     receiving Medicaid-covered nursing home care.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 607 of the Compromise Agreement follows the Senate 
     bill, except that the limitation would be extended until May 
     31, 2015.

Codification of 2009 Cost-of-Living Adjustment in Rates of Pension for 
          Disabled Veterans and Surviving Spouses and Children

     Current Law
       Under current law, section 5312 of title 38, U.S.C., 
     whenever there is an increase in benefits payable under title 
     II of the Social Security Act, VA automatically increases 
     pension benefits by the same percentage increase.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 608 of the Compromise Agreement codifies current 
     pension rates for disabled veterans and surviving spouses and 
     children.

    TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

Clarification That USERRA Prohibits Wage Discrimination Against Members 
                          of the Armed Forces

     Current Law
       Under current law, section 4311(a) of title 38, U.S.C., 
     employers may not deny any ``benefit of employment'' to 
     employees or applicants on the basis of membership in the 
     uniformed services, application for service, performance of 
     service, or service obligation. However, the U.S. Court of 
     Appeals for the Eighth Circuit held in 2002 that USERRA does 
     not prohibit wage discrimination because ``wages or salary 
     for work performed'' are specifically excluded from the law's 
     definition of ``benefit of employment.'' Gagnon v. Sprint 
     Corp., 284 F.3d 839, 853 (8th Cir. 2002).
     Senate Bill
       Section 403 of H.R. 1037, as amended, would amend section 
     4303(2) of title 38, U.S.C., to make it clear that wage 
     discrimination is not permitted under USERRA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 701 of the Compromise Agreement follows the Senate 
     Bill.

      Clarification of the Definition of ``Successor in Interest''

     Current Law
       Section 4303 of title 38, U.S.C., uses a broad definition 
     of the term ``employer'' and includes in subsection 
     (4)(A)(iv) a definition of a ``successor in interest.'' In 
     regulations, the Department of Labor has provided that an 
     employer is a ``successor in interest'' where there is a 
     substantial continuity in operations, facilities and 
     workforce from the former employer. It further stipulates 
     that the determination of whether an employer is a successor 
     in interest must be made on a case-by-case basis using a 
     multifactor test (20 C.F.R. Sec. 1002.35). One Federal court, 
     however, in a decision made prior to the promulgation of the 
     regulation, held that an employer could not be a successor in 
     interest unless there was a merger or transfer of assets from 
     the first employer to the second. (See Coffman v. Chugach 
     Support Services Inc., 411 F.3d 1231 (11th Cir. 2005); but 
     see Murphree v. Communications Technologies, Inc., 460 F. 
     Supp. 2d 702 (E.D. La 2006) applying 20 C.F.R. Sec. 1002.35 
     and rejecting the Coffman merger or transfer of assets 
     requirement.)
     Senate Bill
       Section 402 of H.R. 1037, as amended, would amend section 
     4303 of title 38, U.S.C., to clarify the definition of 
     ``successor in interest'' by incorporating language that 
     mirrors the regulatory definition adopted by the Department 
     of Labor.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 702 of the Compromise Agreement follows the Senate 
     bill.

                          Technical Amendments

     Senate Bill
       Section 406 of H.R. 1037, as amended, would make three 
     technical and conforming changes to various provisions of law 
     in order to correct cross references to various USERRA 
     provisions contained in chapter 43 of title 38, U.S.C., and 
     clarify existing language in the USERRA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 703 of the Compromise Agreement follows the Senate 
     Bill.

                      TITLE VIII--BENEFITS MATTERS

Increase in Number of Veterans for Which Programs of Independent Living 
                Services and Assistance May be Initiated

     Current Law
       Section 3120(e) of title 38, U.S.C., authorizes VA to 
     initiate a program of independent living services for no more 
     than 2,600 service-connected disabled veterans in each fiscal 
     year.
     Senate Bill
       Section 301 of H.R. 1037, as amended, would eliminate the 
     annual cap on the number of service-connected disabled 
     veterans who may enroll in a program of independent living.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 801 of the Compromise Agreement would increase to 
     2,700 the number of veterans who may initiate a program of 
     independent living services in any fiscal year.

Payment of Unpaid Balances of Department of Veterans Affairs Guaranteed 
                                 Loans

     Current Law
       Under current law, section 3732 of title 38, U.S.C., 
     provides default procedures for VA home loans and illustrates 
     the actions VA may take to preserve the loan before suit or 
     foreclosure. However, it does not address what would occur in 
     the event an individual files for bankruptcy and a loan is 
     modified under the authority provided under section 1322(b) 
     of title 11.
     Senate Bill
       Section 304 of H.R. 1037, as amended, would amend section 
     3732(a)(2) by adding a new subparagraph that would authorize 
     additional default procedures for VA home loans in the event 
     that a VA home loan is modified under the authority provided 
     under section 1322(b) of title 11. This new authority would 
     allow VA to pay the holder of the obligation the unpaid 
     balance of the obligation, plus accrued interest, due as of 
     the date of the filing of the petition under title 11, but 
     only upon the assignment, transfer, and delivery to VA in a 
     form and manner satisfactory to VA of all rights, interest, 
     claims, evidence, and records with respect to the housing 
     loan.
     House Bill
       The House bills contain no comparable provision.

[[Page 16743]]


     Compromise Agreement
       Section 802 of the Compromise Agreement follows the Senate 
     Bill.

 Eligibility of Disabled Veterans and Members of the Armed Forces With 
      Severe Burn Injuries for Automobiles and Adaptive Equipment

     Current Law
       Under current law, section 3901 of title 38, U.S.C., 
     veterans and members of the Armed Forces are eligible for 
     assistance with automobiles and adaptive equipment if they 
     suffer from one of three qualifying service-connected 
     disabilities: loss or permanent loss of use of one or both 
     feet; loss or permanent loss of use of one or both hands; or 
     a central visual acuity of 20/200 or less or a peripheral 
     field of vision of 20 degrees or less.
     Senate Bill
       Section 302 of H.R. 1037, as amended, would amend section 
     3901 of title 38, U.S.C., so as to include individuals with a 
     service-connected disability due to a severe burn injury, 
     effective October 1, 2010. The scope and definition of what 
     constitutes a disability due to a severe burn injury would be 
     determined pursuant to regulations prescribed by VA.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 803 of the Compromise Agreement follows the Senate 
     Bill, except that provision would take effect on October 1, 
     2011.

      Enhancement of Automobile Assistance Allowance for Veterans

     Current Law
       Under current law, section 3902 of title 38, U.S.C., 
     provides up to $11,000 to eligible veterans and 
     servicemembers for the purchase of an automobile or other 
     conveyance and adaptive equipment to safely operate either.
     Senate Bill
       Section 303 of H.R. 1037, as amended, would amend section 
     3902 of title 38, U.S.C., to increase the maximum authorized 
     automobile assistance allowance from $11,000 to $22,500, 
     effective October 1, 2010. Section 303 would also direct VA 
     to establish a method of determining the average retail cost 
     of new automobiles for the preceding calendar year. The 
     maximum allowance would increase, effective October 1 of each 
     fiscal year, beginning in 2011, to an amount equal to 80 
     percent of what VA determined to be the average retail cost 
     of new automobiles for the preceding calendar year.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 804 of the Compromise Agreement would generally 
     follow the Senate Bill. However, the amount of the allowance 
     was increased to $18,900 instead of $22,500. This allowance 
     would be adjusted October 1 of each year, beginning in 2011, 
     by a percentage equal to the percentage by which the Consumer 
     Price Index for all urban consumers (U.S. city average) 
     increased during the 12-month period ending with the last 
     month for which Consumer Price Index data is available. If 
     the Consumer Price Index does not increase, the amount of the 
     allowance will remain the same as the previous fiscal year.

   National Academies Review of Best Treatments for Gulf War Illness

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 601 of H.R. 1037, as amended, would require VA to 
     contract with the Institute of Medicine to gather a group of 
     medical professionals, who are experienced in treating 
     individuals diagnosed with Gulf War Illness, in order to 
     conduct a comprehensive review of the best treatments for 
     this illness. The individuals these medical professionals 
     must have experience treating must have served during the 
     Persian Gulf War in the Southwest Asia theater of operations, 
     or in Afghanistan, Iraq, or any other theater in which the 
     Global War on Terrorism Expeditionary Medal is awarded for 
     service.
       The final report on the review required by this section 
     must be submitted to VA and the House and Senate Committees 
     on Veterans' Affairs by December 31, 2011, and include 
     recommendations for legislative or administrative actions as 
     the Institute of Medicine considers appropriate in light of 
     the results of that review.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 805 of the Compromise Agreement generally follows 
     the Senate Bill except that the final report is due to the 
     Committees by December 31, 2012, and the term ``chronic 
     multisymptom illness'' replaces the term ``Gulf War 
     Illness.''

Extension and Modification of National Academy of Sciences Reviews and 
 Evaluations on Illness and Service in Persian Gulf War and Post 9/11 
                       Global Operations Theaters

     Current Law
       Public Law 105-277, the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999, required VA to enter 
     into an agreement with the National Academy of Sciences to 
     review and evaluate the available scientific evidence 
     regarding associations between illnesses and exposure to 
     toxic agents, environmental or wartime hazards, or preventive 
     medicines or vaccines associated with Persian Gulf War 
     service. Congress extended these reviews and evaluations in 
     Public Law 107-103, the Veterans Education and Benefits 
     Expansion Act of 2001. This requirement will expire on 
     October 1, 2010.
       Public Law 105-368, the Veterans Programs Enhancement Act 
     of 1998, required the National Academy of Sciences to examine 
     the scientific and medical literature on the potential health 
     effects of chemical and biological agents related to the 1991 
     Gulf War. The requirement for this examination ended in 2009.
     Senate Bill
       Section 602 of H.R. 1037, as amended, would extend until 
     October 1, 2015, the mandate for the National Academy of 
     Sciences to review and evaluate scientific evidence regarding 
     associations between illnesses and exposure. Section 602(b) 
     would extend until October 1, 2018, the requirement for the 
     National Academy of Sciences to report on the health effects 
     of exposure.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 806 of the Compromise Agreement generally follows 
     the Senate Bill except that it requires the disaggregation of 
     results by theaters of operations before and after September 
     11, 2001.

     Extension of Authority for Regional Office in Republic of the 
                              Philippines

     Current Law
       Current law, section 315(b) of title 38, U.S.C., authorizes 
     VA to maintain a regional office in the Republic of the 
     Philippines until December 31, 2010. Congress has 
     periodically extended this authority, most recently in Public 
     Law 111-117, the Consolidated Appropriations Act, 2010.
     Senate Bill
       Section 603 of H.R. 1037, as amended, would authorize VA to 
     maintain a regional office in the Republic of the Philippines 
     until December 31, 2011.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 807 of the Compromise Agreement follows the Senate 
     Bill, and adds that within one year, the Comptroller General 
     would be required to provide a report to the House and Senate 
     Committees on Veterans' Affairs and Appropriations on the 
     activities of the Manila Regional Office. This report would 
     also include an assessment of the costs and benefits of 
     maintaining the office in the Philippines in comparison with 
     moving the activities of the office to the United States.

           Extension of an Annual Report on Equitable Relief

     Current Law
       Under current law, VA is authorized to provide monetary 
     relief to persons whom the Secretary determines were deprived 
     of VA benefits by reason of administrative error by a federal 
     government employee. The Secretary may also provide relief 
     which the Secretary determines is equitable to a VA 
     beneficiary who has suffered a loss as a consequence of an 
     erroneous decision made by a federal government employee. No 
     later than April 1 of each year, the Secretary was required 
     to submit to Congress a report containing a statement as to 
     the disposition of each case recommended to the Secretary for 
     equitable relief during the preceding calendar year; the 
     requirement for this report was extended through December 31, 
     2009, by Public Law 109-233, the Veterans' Housing 
     Opportunity and Benefits Improvement Act of 2006.
     Senate Bill
       The Senate Bills contains no comparable provision.
     House Bill
       The House Bills contains no comparable provision.
     Compromise Agreement
       The Compromise Agreement extends the requirement for the 
     report on equitable relief through December 31, 2014.

  Authority for the Performance of Medical Disability Examinations by 
                          Contract Physicians

     Current Law
       In 1996, in Public Law 104-275, the Veterans' Benefits 
     Improvements Act of 1996, VA was authorized to carry out a 
     pilot program of contract disability examinations through ten 
     VA regional offices using amounts available for payment of 
     compensation and pensions. During the initial pilot program, 
     one contractor performed all contract examinations at the ten 
     selected regional offices.
       Subsequently, in 2003, in Public Law 108-183, the Veterans 
     Benefits Act of 2003, VA

[[Page 16744]]

     was given additional, time-limited authority to contract for 
     disability examinations using other appropriated funds. That 
     initial authority was extended until December 31, 2010, by 
     Public Law 110-389, the Veterans' Benefits Improvement Act of 
     2008. VA continues to report high demand for compensation and 
     pension examinations and satisfaction with the contracted 
     examinations.
     Senate Bill
       S. 3609 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. The examinations would be conducted pursuant to 
     contracts entered into and administered by the Under 
     Secretary for Benefits.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 809 of the Compromise Agreement follows the Senate 
     Bill.

TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL 
                            FACILITY LEASES

    Authorization of Fiscal Year 2011 Major Medical Facility Leases

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 203 of S. 3325, as amended, would authorize fiscal 
     year 2011 major medical facility leases as follows:
       $7,149,000 for a Community Based Outpatient Clinic (CBOC) 
     in Billings, Montana.
       $3,316,000 for an Outpatient Clinic in Boston, 
     Massachusetts.
       $21,495,000 for a CBOC in San Diego, California.
       $10,055,000 for a Research Lab in San Francisco, 
     California.
       $5,323,000 for a Mental Health Facility in San Juan, Puerto 
     Rico.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 901 of the Compromise Agreement follows the Senate 
     Bill.

    Modification of Authorization Amount for Major Medical Facility 
   Construction Project Previously Authorized for the Department of 
        Veterans Affairs Medical Center, New Orleans, Louisiana

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 201 of S. 3325, as amended, authorizes up to 
     $995,000,000 for restoration, new construction, or 
     replacement of the medical care facility for the VA Medical 
     Center (VAMC) at New Orleans, Louisiana.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 902 of the Compromise Agreement modifies previous 
     authorizations by providing $995,000,000 for restoration, new 
     construction, or replacement of the medical care facility for 
     the VAMC at New Orleans, Louisiana.

    Modification of Authorization Amount for Major Medical Facility 
   Construction Project Previously Authorized for the Department of 
        Veterans Affairs Medical Center, Long Beach, California

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 202 of S. 3325, as amended, authorizes up to 
     $117,845,000 to conduct seismic corrections on Buildings 7 
     and 126 at the VAMC in Long Beach, California.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 903 of the Compromise Agreement modifies previous 
     authorizations by providing $117,845,000 to conduct seismic 
     corrections on Buildings 7 and 126 at the VAMC in Long Beach, 
     California.

                    Authorization of Appropriations

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 204 of S. 3325, as amended, authorizes $47,338,000 
     to be appropriated to the Medical Facilities account for the 
     leases authorized in section 901 and $1,112,845,000 to be 
     appropriated to the Construction, Major Projects account for 
     the projects authorized in sections 902 and 903.
     House Bill
       The House Bills contain no applicable provision.
     Compromise Agreement
       Section 904 of the Compromise Agreement generally follows 
     the Senate Bill.

  Requirement That Bid Savings on Major Medical Facility Projects of 
Department of Veterans Affairs be Used for Other Major Medical Facility 
                Construction Projects of the Department

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       Section 207 of S. 3325, as amended, contains a provision 
     that requires that bid savings from major medical facility 
     projects realized in any fiscal year must be used for major 
     medical facility projects authorized for that fiscal year or 
     a prior year. At the time of obligation, VA would be required 
     to submit to the Committees on Veterans' Affairs and 
     Appropriations of the Senate and the House of Representatives 
     notice of the source of the savings, the amount obligated, 
     and the authorized project the savings are being obligated 
     to.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 905 of the Compromise Agreement follows the Senate 
     Bill.

                         TITLE X--OTHER MATTERS

                         Technical Corrections

     Current Law
       Current law contains no relevant provision.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 1001 of the Compromise Agreement contains technical 
     corrections to title 38, U.S.C.

                 Statutory Pay-as-You-Go Act Compliance

     Current Law
       Public Law 111-139, the Statutory Pay-As-You-Go Act (PAYGO 
     Act), requires that most new spending is offset by spending 
     cuts or added revenue elsewhere.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 1002 of the Compromise Agreement contains language 
     required by the PAYGO Act in order for the estimate of 
     budgetary effects from the Senate Budget Committee to be used 
     by the Office of Management and Budget on PAYGO scorecards.

  Mr. DURBIN. I ask unanimous consent that an Akaka substitute 
amendment, which is at the desk, be agreed to; the bill, as amended, be 
read a third time; that a budgetary pay-go statement be considered read 
and printed in the Record; that the bill be passed; that the title 
amendment which is at the desk be agreed to; the motions to reconsider 
be laid upon the table, with no intervening action or debate; and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, this is the Statement of Budgetary Effects 
of PAYGO legislation for H.R. 3219, as amended.

       Total Budgetary Effects of H.R. 3219 for the 5-year 
     Statutory PAYGO Scorecard: net decrease in the deficit of 
     $394 million.
       Total Budgetary Effects of H.R. 3219 for the 10-year 
     Statutory PAYGO Scorecard: net decrease in the deficit of $8 
     million.

  Also submitted for the Record as part of this statement is a table 
prepared by the Congressional Budget Office, which provides additional 
information on the budgetary effects of this Act, as follows:

[[Page 16745]]



 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3219, THE VETERANS' BENEFITS ACT OF 2010 AS PROVIDED BY THE SENATE COMMITTEE ON THE BUDGET
                                                                  ON SEPTEMBER 27, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2010     2011     2012     2013     2014     2015     2016     2017     2018     2019     2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Deficit
 
Statutory Pay-As-You-Go Impacta        0        0     -154      -70     -115      -55       74       74       77       79       82      -394         -8
--------------------------------------------------------------------------------------------------------------------------------------------------------
aH.R. 3219 contains provisions that would both increase and decrease direct spending for eterans' programs. Affected programs include veterans'
  education and employment benefits, disability compensation and pensions, burial benefits, and housing and insurance benefits for disabled veterans.

  The amendment (No. 4671) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The amendment was ordered to be engrossed and the bill, as amended, 
read a third time.
  The bill (H.R. 3219) was read the third time and passed.
  The amendment (No. 4672) was agreed to, as follows:

                     (Purpose: to amend the title)

       Amend the title so as to read: ``An Act to amend title 38, 
     United States Code, and the Servicemembers Civil Relief Act 
     to make certain improvements in the laws administered by the 
     Secretary of Veterans Affairs, and for other purposes.

                          ____________________