[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[House]
[Pages 15128-15131]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     VETERANS' BENEFITS ACT OF 2011

  Mr. MILLER of Florida. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2349) to amend title 38, United States Code, to 
direct the Secretary of Veterans Affairs to annually assess the skills 
of certain employees and managers of the Veterans Benefits 
Administration, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2349

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Benefits Act of 
     2011''.

     SEC. 2. ASSESSMENT OF CLAIMS-PROCESSING SKILLS PILOT PROGRAM.

       (a) Pilot Program.--Commencing not later than 180 days 
     after the date of the enactment of the Act, in addition to 
     providing employee certification under section 7732A of title 
     38, United States Code, the Secretary of Veterans Affairs 
     shall carry out a pilot program to assess skills and provide 
     training described under subsection (b).
       (b) Biennial Skills Assessment and Individualized 
     Training.--
       (1) In general.--The Secretary shall--
       (A) biennially assess the skills of appropriate employees 
     and managers of the Veterans Benefits Administration who are 
     responsible for processing claims for compensation and 
     pension benefits under the laws administered by the 
     Secretary, including by requiring such employees and managers 
     to take the examination provided under section 7732A(a)(1) of 
     title 38, United States Code; and
       (B) on the basis of the results of such assessment and 
     examination, and on any relevant regional office quality 
     review, develop and implement an individualized training plan 
     related to such skills for each such employee and manager.
       (2) Remediation.--
       (A) Remediation provided.--In providing training under 
     paragraph (1)(B), if any employee or manager receives a less 
     than satisfactory result on any portion of an assessment 
     under paragraph (1)(A), the Secretary shall provide such 
     employee or manager with remediation of any deficiency in the 
     skills related to such portion of the assessment and, within 
     a reasonable period following the remediation, shall require 
     the employee or manager to take the examination again.
       (B) Personnel actions.--In accordance with titles 5 and 38, 
     United States Code, the Secretary shall take appropriate 
     personnel actions with respect to any employee or manager 
     who, after being given two opportunities for remediation 
     under subparagraph (A), does not receive a satisfactory 
     result on an assessment under paragraph (1)(A).
       (c) Locations and Duration.--The Secretary shall carry out 
     the pilot program under this section at five regional offices 
     of the Veterans Benefits Administration during the four-year 
     period beginning on the date of the commencement of the pilot 
     program.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section a total of 
     $5,000,000 for fiscal years 2012 through 2016.
       (e) Reports.--Not later than November 1 of each year in 
     which the pilot program under this section is carried out, 
     the Secretary shall submit to the Committee on Veterans' 
     Affairs of the House of Representatives and the Committee on 
     Veterans' Affairs of the Senate a report on any assessments 
     and training conducted under this section during the previous 
     year. Each such report shall include--
       (1) a summary of--
       (A) the results of the assessments under subsection 
     (b)(1)(A);
       (B) remediation provided under subsection (b)(2)(A); and
       (C) personnel actions taken under subsection (b)(2)(B); and
       (2) any changes made to the training program under 
     subsection (b)(1)(B) based on the results of such assessments 
     and remediation and the examinations provided under section 
     7732A(a)(1) of title 38, United States Code.

     SEC. 3. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES FROM 
                   DETERMINATION OF ANNUAL INCOME WITH RESPECT TO 
                   PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND 
                   CHILDREN OF VETERANS.

       (a) In General.--Paragraph (5) of section 1503(a) of title 
     38, United States Code, is amended to read as follows:
       ``(5) payments regarding--
       ``(A) reimbursements of any kind (including insurance 
     settlement payments) for--
       ``(i) expenses related to the repayment, replacement, or 
     repair of equipment, vehicles, items, money, or property 
     resulting from--

       ``(I) any accident (as defined in regulations which the 
     Secretary shall prescribe), but the amount excluded under 
     this subclause shall not exceed the greater of the fair 
     market value or reasonable replacement value of the equipment 
     or vehicle involved at the time immediately preceding the 
     accident;
       ``(II) any theft or loss (as defined in regulations which 
     the Secretary shall prescribe), but the amount excluded under 
     this subclause shall not exceed the greater of the fair 
     market value or reasonable replacement value of the item or 
     the amount of the money (including legal tender of the United 
     States or of a foreign country) involved at the time 
     immediately preceding the theft or loss; or
       ``(III) any casualty loss (as defined in regulations which 
     the Secretary shall prescribe), but the amount excluded under 
     this subclause shall not exceed the greater of the fair 
     market value or reasonable replacement value of the property 
     involved at the time immediately preceding the casualty loss; 
     and

       ``(ii) medical expenses resulting from any accident, theft, 
     loss, or casualty loss (as defined in regulations which the 
     Secretary shall prescribe), but the amount excluded under 
     this clause shall not exceed the costs of medical care 
     provided to the victim of the accident, theft, loss, or 
     casualty loss; and
       ``(B) pain and suffering (including insurance settlement 
     payments and general damages awarded by a court) related to 
     an accident, theft, loss, or casualty loss, but the amount 
     excluded under this subparagraph shall not exceed an amount 
     determined by the Secretary on a case-by-case basis;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act.
       (c) Extension of Authority to Obtain Certain Information 
     From Department of Treasury.--Section 5317(g) of title 38, 
     United States Code, is amended by striking ``2011'' and 
     inserting ``2013''.

     SEC. 4. AUTHORIZATION OF USE OF ELECTRONIC COMMUNICATION TO 
                   PROVIDE NOTICE TO CLAIMANTS FOR BENEFITS UNDER 
                   LAWS ADMINISTERED BY THE SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 5103 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``Upon receipt of a complete or 
     substantially complete application, the'' and inserting 
     ``The'';
       (B) by striking ``notify'' and inserting ``provide to''; 
     and
       (C) by inserting ``by the most effective means available, 
     including electronic communication or notification in 
     writing'' before ``of any information''; and
       (2) in subsection (b), by adding at the end the following 
     new paragraphs:
       ``(4) Nothing in this section shall require the Secretary 
     to provide notice for a subsequent claim that is filed while 
     a previous claim is pending if the notice previously provided 
     for such pending claim--
       ``(A) provides sufficient notice of the information and 
     evidence necessary to substantiate such subsequent claim; and
       ``(B) was sent within one year of the date on which the 
     subsequent claim was filed.
       ``(5)(A) This section shall not apply to any claim or issue 
     where the Secretary may award the maximum benefit in 
     accordance with this title based on the evidence of record.
       ``(B) For purposes of this paragraph, the term `maximum 
     benefit' means the highest evaluation assignable in 
     accordance with the evidence of record, as long as such 
     evaluation is supported by such evidence of record at the 
     time the decision is rendered.''.
       (b) Construction.--Nothing in the amendments made by 
     subsection (a) shall be construed as eliminating any 
     requirement with respect to the contents of a notice under 
     section 5103 of such title that are required under 
     regulations prescribed pursuant to subsection (a)(2) of such 
     section as of the date of the enactment of this Act.

     SEC. 5. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE 
                   RECORDS.

       (a) In General.--Section 5103A(b) of title 38, United 
     States Code, is amended to read as follows:
       ``(b) Assistance in Obtaining Private Records.--(1) As part 
     of the assistance provided under subsection (a), the 
     Secretary shall make reasonable efforts to obtain relevant 
     private records.
       ``(2)(A) Whenever the Secretary, after making such 
     reasonable efforts, is unable to obtain all of the relevant 
     records sought, the Secretary shall notify the claimant that 
     the Secretary is unable to obtain records with respect to the 
     claim. Such a notification shall--
       ``(i) identify the records the Secretary is unable to 
     obtain;
       ``(ii) briefly explain the efforts that the Secretary made 
     to obtain such records; and
       ``(iii) explain that the Secretary will decide the claim 
     based on the evidence of record but that this section does 
     not prohibit the submission of records at a later date if 
     such submission is otherwise allowed.
       ``(B) The Secretary shall make not less than two requests 
     to a custodian of a private record in order for an effort to 
     obtain relevant private records to be treated as reasonable 
     under this section, unless it is made evident by the first 
     request that a second request would be futile in obtaining 
     such records.
       ``(3)(A) This section shall not apply if the evidence of 
     record allows for the Secretary to award the maximum benefit 
     in accordance with this title based on the evidence of 
     record.
       ``(B) For purposes of this paragraph, the term `maximum 
     benefit' means the highest evaluation

[[Page 15129]]

     assignable in accordance with the evidence of record, as long 
     as such evaluation is supported by such evidence of record at 
     the time the decision is rendered.
       ``(4) Under regulations prescribed by the Secretary, the 
     Secretary--
       ``(A) shall encourage claimants to submit relevant private 
     medical records of the claimant to the Secretary if such 
     submission does not burden the claimant; and
       ``(B) in obtaining relevant private records under paragraph 
     (1), may require the claimant to authorize the Secretary to 
     obtain such records if such authorization is required to 
     comply with Federal, State, or local law.''.
       (b) Public Records.--Section 5103A(c) of such title is 
     amended to read as follows:
       ``(c) Obtaining Records for Compensation Claims.--(1) In 
     the case of a claim for disability compensation, the 
     assistance provided by the Secretary under this section shall 
     include obtaining the following records if relevant to the 
     claim:
       ``(A) The claimant's service medical records and, if the 
     claimant has furnished the Secretary information sufficient 
     to locate such records, other relevant records pertaining to 
     the claimant's active military, naval, or air service that 
     are held or maintained by a governmental entity.
       ``(B) Records of relevant medical treatment or examination 
     of the claimant at Department health-care facilities or at 
     the expense of the Department, if the claimant furnishes 
     information sufficient to locate those records.
       ``(C) Any other relevant records held by any Federal 
     department or agency that the claimant adequately identifies 
     and authorizes the Secretary to obtain.
       ``(2) Whenever the Secretary attempts to obtain records 
     from a Federal department or agency under this subsection, 
     the efforts to obtain those records shall continue until the 
     records are obtained unless it is reasonably certain that 
     such records do not exist or that further efforts to obtain 
     those records would be futile.''.

     SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.

     SEC. 7. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS 
                   UNAUTHORIZED FEES.

       (a) In General.--Section 5905 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 5905. Penalty for certain acts

       ``Except as provided in section 5904 or 1984 of this title, 
     whoever--
       ``(1) in connection with a proceeding before the 
     Department, knowingly solicits, contracts for, charges, or 
     receives any fee or compensation in connection for--
       ``(A) the provision of advice on how to file a claim for 
     benefits under the laws administered by the Secretary; or
       ``(B) the preparation, presentation, or prosecution of such 
     a claim before the date on which a notice of disagreement is 
     filed in a proceeding on the claim,
     or attempts to do so;
       ``(2) unlawfully withholds from any claimant or beneficiary 
     any part of a benefit or claim under the laws administered by 
     the Secretary that is allowed and due to the claimant or 
     beneficiary, or attempts to do so;
       ``(3) commits an offense punishable by this chapter, or 
     aids, abets, counsels, commands, or procures the commission 
     of such an act; or
       ``(4) causes an act to be done, which if directly performed 
     would be punishable by this chapter,
     shall be fined as provided in title 18, or imprisoned for not 
     more than one year, or both.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to acts committed after the date of 
     the enactment of this Act.

     SEC. 8. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE.

       For each of fiscal years 2012 through 2016, the Secretary 
     of Veterans Affairs may not pay more than $2,000,000 in 
     performance awards under section 5384 of title 5, United 
     States Code.

     SEC. 9. BUDGETARY EFFECTS OF THIS ACT.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentleman from California (Mr. Filner) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MILLER of Florida. Madam Speaker, I yield myself such time as I 
may consume.
  I support strongly H.R. 2349, as amended, the Veterans' Benefits Act 
of 2011. It was created by the chairman of the Subcommittee on 
Disability Assistance and Memorial Affairs, the gentleman from New 
Jersey (Mr. Runyan). It also was worked on in collaboration with the 
ranking member of that subcommittee, the gentleman from California (Mr. 
McNerney).
  To describe H.R. 2349, as amended, I would like to yield such time as 
he may consume to the gentleman from New Jersey (Mr. Runyan).
  Mr. RUNYAN. Mr. Chairman, thank you again.
  Madam Speaker, I rise in support of H.R. 2349, as amended, the 
Veterans' Benefits Act of 2011.
  There are several components to this legislation, and they are all 
aimed towards ensuring the veterans' benefits process is more 
efficient, accountable, and fair for all veterans and their families.
  The first piece of this legislation addresses the minimalist approach 
that the VA has adopted in complying with its employees' skill 
certification mandate. This section will reverse the current trend 
within the VA of using the employment certification process solely to 
increase an employee's pay grade by introducing a pilot program to 
conduct a biennial assessment for all claims processors and managers. 
The key to this program's success will be individualized remediation. 
This will facilitate individual accountability of employees while 
addressing disparities in experience and training at the pilot sites 
and eventually throughout the VA.
  Section 3 prevents the offset of pension benefits for veterans and 
their family members due to the receipt of payments by insurance or 
settlements to reimburse expenses incurred after an accident or theft. 
This will be accomplished by exempting reimbursements of expenses 
related to accident, theft, loss, or casualty loss from determinations 
of annual income.
  The next section implements the use of electronic communication 
within the VA to provide notices of responsibility to claimants. This 
also removes the administrative provisions which have slowed down the 
process for veterans' disability claims. In total, this section will 
increase efficiency and help modernize the VA by authorizing the most 
effective means available for communication while simultaneously 
removing administrative redtape.
  Section 5 clarifies the meaning of the VA's duty to assist claimants 
in obtaining evidence needed to verify a claim. As a result, this 
section establishes a clear and reasonable standard for private record 
requests as ``not less than two requests.'' In addition, this section 
will encourage claimants to take a proactive role in the claims 
process. This, in turn, will have the positive effect of reducing the 
claims backlog over the long term.
  Section 6 corrects a serious concern which has curtailed the Second 
Amendment rights of many VA beneficiaries. Due to unclear and improper 
statutory language, under the current system, veterans seeking help 
managing their financial affairs are categorized as mentally defective. 
They are then entered into an FBI database which prohibits their 
ability to legally obtain a firearm. This section would restore these 
veterans' constitutional rights by requiring such determinations to be 
made by a judge, magistrate, or other judicial authority to properly 
determine whether such veterans are, in fact, mentally defective for 
the purposes of obtaining a firearm.
  Section 7 of this bill is designed to protect the veterans from being 
charged excessive fees for aid in submitting applications to the VA for 
benefits. Since 2006, there has been an increase in non-accredited 
individuals,

[[Page 15130]]

 organizations, and private companies that have been taking advantage 
of veterans by charging fees to assist them with filing claims for 
veterans' benefits with the VA.

                              {time}  1520

  This section reinstates criminal penalties for persons charging 
veterans unauthorized fees for preparation and filing veterans claims 
with the VA.
  The final section addresses the unrestrained government spending on 
the part of the VA, which is currently permitted to offer pay increases 
and bonuses to managers and employees who had been cited for 
mismanagement and poor performance. At a time when our government must 
be especially prudent in its management of debt, this section 
establishes caps for bonuses and performance awards to VA's most senior 
employees at $2 million a year, a reduction from $3.5 million.
  It has been an honor working with my colleagues in a bipartisan 
manner to move H.R. 2349, as amended, forward. And I thank each Member 
for their tireless support on behalf of our honored veterans. I ask all 
of my colleagues to join me in supporting this important legislation.
  Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
  This is an omnibus bill that on balance I can't support. Omnibus 
bills are good and bad, and we have to balance that. Let me tell you 
why there are two provisions in here that make it impossible for me to 
support this omnibus bill.
  Section 2 requires the VA to institute a pilot program to hold 
employees of the Veterans Benefits Administration to annual testing and 
to even greater training requirements than their current 80 hours at 
five regional offices at a cost of $5 million over 5 years. Now, we are 
all for training of our employees and want them to do a good job and be 
adequately trained for it. Secretary Shinseki has set a goal of 
processing all claims within 125 days at 98 percent accuracy. That's a 
great goal, and we have to get a handle on that and get a handle on the 
backlog and the claims that are languishing unnecessarily.
  I think this provision is misguided because it will stand in the way 
of reaching the Secretary's goal, because I don't think we can test our 
way out of the claims backlog. Anybody can pass a test. The real 
question is can they adequately process claims. That's what the VA 
needs from its employees, not another additional burden resulting in 
work stoppages, which is what this testing requirement will do.
  We already have a certification testing program used for the 
advancement of VBA employees, which was greatly strengthened in the 
bill that we passed in 2008 with great bipartisan support. I think that 
this bill has redundant testing and wastes $5 million and will only go 
to the fattening of the contractors' pockets who develop the test, 
money that I think can be more efficiently used to help our veterans.
  I should remind the body that this mandatory testing provision never 
passed out of the subcommittee that was responsible for the bill. It 
failed. It was withdrawn, but it showed up in the full committee markup 
and I think violates the spirit of regular order that we supposedly 
prize.
  More importantly, there is a provision in this bill which, let me 
first state in legal terms and then in English, which would prohibit 
the reporting of those who have an appointed VA fiduciary to the 
National Instant Criminal Background Check system required by the Brady 
Act. What does that mean in English? That means people who have been 
judged by the VA to be mentally incompetent of handling their own 
financial affairs qualify to purchase a gun. Hello? We heard the chair 
of the subcommittee support, oh, this is a constitutional right. Hey, 
we have a long history of law and precedent which says we can deny 
rights to mentally incompetent people, especially to own a gun, a 
handgun. How many people have to commit mass murders who are mentally 
incompetent before we understand that we ought to prevent them from 
getting a gun in the first place? Yet we have a justification of that 
right here in this bill.
  The gentleman wants to keep the right to purchase firearms until they 
have a determination from a State judge. Well, that's a non sequitur, 
Madam Speaker.
  While I agree that some of these people who've been judged by the VA 
not to be mentally competent to handle their financial affairs may not 
pose a threat to themselves or others, the prudent course of action, 
the reasonable course of action, the commonsense course of action, the 
course of action that will save lives in this Nation is that we not 
allow these VA beneficiaries to have access to lethal weapons until the 
legal determination is made by that judge. Let's have the determination 
first, not after they kill somebody.
  So we're going to put guns in the hands of people who may not be 
mentally capable of responsible gun ownership. This does not strike the 
proper balance between ensuring societal safety and individual rights. 
I don't have to list all of the atrocities that have gone on in this 
Nation over the past decade that happened because of irresponsible gun 
ownership; and yet we have a defense of a bill that specifically, it 
doesn't even leave it to implicit, it specifically says if you are 
judged to be mentally incompetent, you still have a right to go get a 
gun. How stupid are we, Madam Speaker? Come on. This is a scary 
thought. It's irresponsible legislating. We have got to do a better job 
of striking a balance on this issue.
  Everybody on an earlier bill is afraid of Grover Norquist. Everybody 
here is afraid of the NRA. Come on, let's be responsible. Let's use 
common sense. Let's protect the American people. Let's not go for these 
pledges that are made in a partisan way to make sure you're reelected 
and hurt the American people in the long run. That's what we are doing 
here. This is irresponsible. You give, by law, by a sentence that you 
put in, Mr. Chairman, you give them, mentally incompetent people, 
they've already been defined as that, you give them the right to be 
exempt from the Brady law's registration. Come on, we can do a better 
job than that!
  I reserve the balance of my time.
  Mr. MILLER of Florida. I have no more speakers, if the gentleman is 
ready to close.
  I reserve the balance of my time.
  Mr. FILNER. Madam Speaker, again, there are some good provisions of 
this bill. The Hastings provision is especially appropriate. But we owe 
the American people better than just ideological legislating because I 
made this promise and this is a constitutional right. I believe in the 
Second Amendment. But we can regulate the conditions of that amendment, 
and this is an especially egregious case which needs regulation.
  The VA has said that someone cannot manage their own affairs, and yet 
we write in the provision that says, okay, go buy a gun anyway until 
some judge says you're mentally incompetent. Let's have the judge's 
decision first. Then if they are judged to be mentally sound, they can 
buy a gun. That's their constitutional right. They don't have a 
constitutional right to be mentally imbalanced and buy a gun that kills 
dozens or even hundreds of people. That's what we've seen in this 
country for decades. Let's do a better job.
  I yield back the balance of my time.
  Mr. MILLER of Florida. Madam Speaker, what we owe the United States' 
people is the truth.
  The truth is that the Senate Veterans Affairs Committee approved 
under Democrat leadership this exact language under the past two 
Congresses. In fact, what my good friend, the ranking member, wants to 
do is to give a bureaucrat within VA the opportunity to adjudicate 
somebody mentally incompetent. Now they do have the ability to say they 
are not able to control their finances. What this act in the 
legislation does is it says they cannot do it without the order or 
finding of a judge, a magistrate, or other judicial authority of 
competent jurisdiction that such a person is in danger to himself or to 
others. I do not believe that a bureaucrat within the Department of 
Veterans Affairs has that ability nor that authority, and I think that

[[Page 15131]]

judges need to do it. So we do agree on that particular instance.


                             General Leave

  Mr. MILLER of Florida. I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks.
  The SPEAKER pro tempore (Mr. Stutzman). Is there objection to the 
request of the gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. With that, I urge all of my colleagues to 
support this outstanding piece of legislation, and I yield back the 
balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I rise today in support of H.R. 2349, the 
Veterans' Benefits Training Improvement Act. I particularly appreciate 
that the language from my bill, H.R. 1826, was incorporated into H.R. 
2349 in Committee. The language that I introduced would simply 
reinstate the criminal penalties that were previously in place on any 
individual charging veterans illegal fees for claims before the VA.
  Though it is already a violation of the law to charge a veteran in 
conjunction with filing a benefits claim before the VA, no federal 
punishment exists, leaving the door open for fly-by-night companies and 
con artists to take advantage of veterans, unlawfully charging them 
hundreds or even thousands of dollars.
  The language from my bill would make this offense punishable by up to 
one year in prison and/or fines. Crooked practices must be stopped, and 
this enforcement mechanism is a critical first step.
  Taking advantage of our most vulnerable veterans is a shameful act. I 
have seen local news reports, and I hear frequently from veterans' 
liaisons in my district that this problem is rampant, so much so that 
one of the counties in my district, Hillsborough County, is moving 
forward to implement a county ordinance that borrows the concept of 
implementing such an enforcement mechanism from my legislation.
  All veterans, regardless of where they reside, should not be forced 
to bear the financial burdens of an unenforceable law. They so 
diligently protected us during our nation's time of need, and now is 
our opportunity to protect them in their time of need. I am both 
honored and humbled to serve on the House Veterans' Affairs Committee.
  I would like to thank Chairman Miller for his strong leadership on 
the Veterans' Affairs Committee, and all of my colleagues on the 
Committee for their cooperation in pushing this language.
  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to applaud the 
passage of H.R. 2349, the Veterans' Benefits Training Improvement Act 
of 2011. This important legislation makes much-needed improvements to 
benefits and services for our nation's veterans. It improves the claim-
processing system by establishing a pilot program to assess the skills 
of employees responsible for processing veterans' claims, authorizing 
the use of electronic communication to contact claimants regarding 
their benefits, and assisting veterans in obtaining private records, 
among others.
  Included in this legislation is a bill that I sponsored entitled, the 
Veterans Pensions Protection Act of 2011 (H.R. 923). My bill protects 
veterans' pensions by exempting the reimbursement of expenses related 
to accidents, theft, loss or casualty loss from being included into the 
determination of a veteran's income. Under current law, if a veteran is 
seriously injured in an accident or is the victim of a theft and 
receives insurance compensation, he or she may lose their pension if 
the payment exceeds the income limit set by the U.S. Department of 
Veterans Affairs (VA). This means that the law effectively punishes 
veterans when they suffer from an accident or theft.
  Such a tragedy happened to one of my constituents, a Navy veteran 
with muscular dystrophy who was hit by a truck when crossing the street 
in his wheelchair. His pension was abruptly cut off after he received 
an insurance settlement payment to cover medical expenses for himself 
and his service dog, and material expenses to replace his wheelchair. 
As a result, he could not cover his daily expenses and mortgage 
payments and almost lost his home. To me this is unacceptable.
  I am extremely pleased that H.R. 923 was incorporated into H.R. 2349 
and I want to thank my Florida colleague, Chairman Jeff Miller, as well 
as Subcommittee Chairman Jon Runyan and Ranking Member Jerry McNerney 
for their continued support on this important issue.
  At a time of economic hardship, it is essential to guarantee the 
continuity of our veterans' pensions and ensure that no veteran will 
have their benefits unfairly and abruptly depreciated or cancelled.
  Mr. Speaker, our nation's servicemen and women are currently fighting 
two wars abroad and engaged in action in other parts of the world. As 
they return home, many bear the mental and physical wounds incurred in 
the defense of our nation and deserve the highest quality care and 
services that we can provide them. Therefore, I thank my colleagues for 
supporting this much-needed legislation.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 2349, ``Veterans' Benefits Training Improvement Act of 2011,'' 
which directs the Secretary of Veterans Affairs to annually assess the 
skills of appropriate Veterans Benefits Administration employees and 
managers responsible for processing VA compensation and pension benefit 
claims, implement individualized training plans related to such skills, 
provide remediation for deficiently skilled employees or managers 
receiving a less than satisfactory result on any portion of the 
assessment, take appropriate disciplinary actions with respect to 
individuals failing to receive a satisfactory result after being given 
two opportunities for such remediation, and requires the Secretary to 
submit a related annual report to Congress.
  It is essential that employees and managers responsible for VA 
compensation receive sufficient training to better assist our veterans. 
These employees need to be well aware of the range of possible benefits 
and packages that are available for our service men and women so that 
they can take full advantage of every opportunity that they rightfully 
deserve. I suspect that this legislation will address any areas of 
concern in regard to training so that the Veterans Benefits 
Administration can be of better service to our veterans.
  As the Representative from the 18th Congressional District of Houston 
I am thoroughly familiar with the issues faced by our veterans when 
they return from deployment. I believe that any man or woman who risks 
their lives for the freedom and rights of others deserves to receive 
the benefits they have earned. I know first-hand how my constituents 
feel regarding this issue. In the State of Texas, we have nearly 1.7 
million veterans, and 18th District is home to 32,000 of them. I feel 
that it is my duty, as well as that of my colleagues to ensure that 
employees and managers who are responsible for VA compensation and 
pension benefit claims adhere to proper protocol when processing funds 
for our veterans.
  My office receives calls from disheartened constituents who cannot 
understand why it is such a challenge to receive the appropriate VA 
benefits. The fact that anyone has to call and to seek help outside of 
the VA regarding VA benefits deeply concerns me.
  This matter can be addressed by properly training those responsible 
for determining the benefits in the first place. The role of these 
individuals is to assist veterans in the process and to adequately 
educate veterans about what is and is not available to them. We must 
remember that there is no greater love than for that of a man or a 
woman who is willing to lay down their life for their country. I hope 
that my colleagues would agree with me when I say there is no greater 
love than this. We owe it to the men and women who have risked their 
lives for our freedom to ensure that procedures are being adhered to 
where VA benefits are concerned.
  H.R. 2349 will benefit the well-being of the public by ensuring that 
employees and managers of the Veterans Benefits Administration possess 
the adequate skills that are necessary to fulfill their duties, and if 
any train employees when necessary. This is the least we can do to 
assist our service men and women when they seek to attain the benefits 
that they have already earned.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Miller) that the House suspend the rules 
and pass the bill, H.R. 2349, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend title 38, 
United States Code, to improve the determination of annual income with 
respect to pensions for certain veterans, to direct the Secretary of 
Veterans Affairs to establish a pilot program to assess the skills of 
certain employees and managers of the Veterans Benefits Administration, 
and for other purposes.''
  A motion to reconsider was laid on the table.

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