[Congressional Record (Bound Edition), Volume 158 (2012), Part 8]
[Senate]
[Pages 11551-11563]
[From the U.S. Government Publishing Office, www.gpo.gov]




HONORING AMERICA'S VETERANS AND CARING FOR CAMP LEJEUNE FAMILIES ACT OF 
                                  2012

  Mr. REID. Mr. President, I ask unanimous consent that the Veterans 
Affairs Committee be discharged from further consideration of H.R. 
1627.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The assistant bill clerk read as follows:

       A bill (H.R. 1627) to amend title 38, United States Code, 
     to provide for certain requirements for the placement of 
     monuments in Arlington National Cemetery, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. MURRAY. Mr. President, as chairman of the Committee on Veterans' 
Affairs, I am pleased to speak in support of the Honoring America's 
Veterans and Caring for Camp Lejeune Families Act of 2012.
  I thank my colleagues from the Veterans' Committee for their 
continuous support of our Nation's veterans--especially my ranking 
member Senator Burr of North Carolina, for his steadfast advocacy of 
the government's responsibility to provide health care for the veterans 
and family members stationed at Camp Lejeune.
  In addition, I thank Representatives Jeff Miller and Bob Filner, the 
chairman and ranking Member of the House Committee on Veterans' 
Affairs, for their hard work in developing this bipartisan, bicameral, 
and fully paid-for legislation.
  With the passage of the Honoring America's Veterans and Caring for 
Camp Lejeune Families Act of 2012, military families affected by 
contaminated water at Camp Lejeune, NC, would have the health care they 
need.
  These families have waited for decades to get the assistance they 
need, and they should not be forced to wait any longer.
  The legislation would also allow the VA to continue a number of 
programs that are so critical to helping veterans who have no place to 
call home.
  Currently, the VA can only provide emergency shelter to veterans who 
are diagnosed with a serious mental illness. But we all know not all 
homeless veterans are mentally ill. Yet the VA is currently prevented 
from offering these critical services to all our veterans.
  The Honoring America's Veterans and Caring for Camp Lejeune Families 
Act of 2012 would also make much needed improvements to the VA's 
housing programs by expanding the eligibility for the VA's specially 
adapted housing assistance grants.
  These are some of the most disabled veterans in our Nation, and they 
deserve to be able to move about in their homes freely and safely.
  This bill will also help more veterans use telehealth and 
telemedicine and allow veterans to receive travel assistance for visits 
to our vet centers. These provisions will especially help our veterans 
in rural and highly rural areas to access care from the VA.
  It will also improve the way the VA reimburses State veterans homes 
for the care of elderly, seriously disabled veterans.
  I know every Member of the Senate has at least one State veterans 
home in their State. Without this change, some of these homes may have 
to lay off staffers or be unable to accept more veterans, so it is a 
very important provision of the bill.
  This legislation will also require important policy changes to 
protect veterans from sexual assault and other threats in the VA's 
inpatient mental health units and homeless programs.
  Finally, we all know veterans continue to find themselves waiting 
entirely too long for a decision on their claims. This legislation will 
address the claims backlog by providing the VA with the ability to 
process appeals much more quickly and by supporting the VA's 
transformation to a paperless system. It will also make other needed 
improvements to the claims system, such as ensuring surviving spouses 
receive proper and timely benefit payments.
  Above all, this bill fulfill's the responsibility this Nation has to 
provide care and service to our veterans and their families. In the 
case of those families who spent time at Camp Lejeune, this bill gives 
sick veterans and their families the benefit of the doubt their illness 
or condition was caused by the water at Camp Lejeune so they can 
finally get the health care they need.
  This is something Congress has done before. When an illness or 
condition comes about after a veteran's service and any relationship 
between the veteran's current illness and their service is not readily 
apparent, the burden of proving the illness is a result of one's 
service can be insurmountable. In such circumstances, we have presumed 
a veteran's exposure caused their current condition and got them the 
help they needed. We have lived up to the responsibility we owed them, 
which is in the core of this bill.
  Many veterans and their families are waiting for the passage of this 
bill. Our House colleagues are ready and willing to move this forward 
quickly as well. We did have one concern from the Senator from South 
Carolina, Mr. DeMint. We had a very productive conversation, and we now 
have that language resolved and have had a gentleman's agreement to 
move the bill forward today.
  I wish to thank the Senator from South Carolina for his work and 
effort to get this bill passed. I know our veterans and families across 
the Nation are waiting.
  I thank all our colleagues who have worked so hard on this very 
critical piece of legislation.
  I ask unanimous consent to have printed in the Record the Joint 
Explanatory Statement in relation to this bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Joint Explanatory Statement for Certain Provisions Contained in the 
                   Amendment to H.R. 1627, as Amended

       The Amendment to H.R. 1627, as passed by the House on May 
     23, 2011, reflects a Compromise Agreement reached by the 
     House and Senate Committees on Veterans' Affairs 
     (hereinafter, ``the Committees'') on provisions within the 
     following bills reported during the 112th Congress: H.R. 
     1627; S. 277; S. 914; S. 951; H.R. 802; H.R. 1484; H.R. 2074; 
     H.R. 2302; H.R. 2349; H.R. 2433; H.R. 4299; and several free-
     standing provisions.
       S. 277, as amended, was reported favorably out of the 
     Senate Committee on August 1, 2011; S. 914, as amended, was 
     reported favorably out of the Senate Committee on October 11, 
     2011; and S. 951, as amended, was reported favorably out of 
     the Senate Committee on July 18, 2011 (hereinafter, ``Senate 
     Bills''). H.R. 802, as amended, passed the House on June 1, 
     2011; H.R. 1484, as amended, passed the House on May 31, 
     2011; H.R. 2074, as amended, passed the House on October 11, 
     2011; H.R. 2302, as amended, passed the House on October 11, 
     2011; H.R. 2349, as amended, passed the House on October 11, 
     2011; and H.R. 2433, as amended, passed the House on October 
     12, 2011 (hereinafter, ``House Bills'').
       The Committees have prepared the following explanation of 
     certain provisions contained in the amendment to H.R. 1627, 
     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--Health Care Matters


   HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS STATIONED AT CAMP 
                        LEJEUNE, NORTH CAROLINA

     Current Law
       In a few specific instances, Congress has acted to provide 
     benefits and health care to veterans who may have been 
     exposed to environmental hazards during their military 
     service. On a few occasions, Congress has extended health 
     care and benefits to the children of servicemembers and 
     veterans based on a concern that they were born more 
     susceptible to certain diseases or conditions because of a 
     parent's exposure to an in-service environmental hazard.
     Senate Bill
       S. 277, as amended, would provide health care benefits 
     through the Department of Veterans Affairs (hereinafter, 
     ``VA'' or ``the

[[Page 11552]]

     Department''), starting in fiscal year (hereinafter, ``FY'') 
     2013, to certain veterans for any illness that is 
     attributable to the contaminated drinking water on Camp 
     Lejeune. The bill would provide health care benefits to 
     spouses and dependents of veterans for conditions associated 
     with exposure to the contaminated drinking water on Camp 
     Lejeune. The bill would also direct the Secretary of the 
     Department of Defense (hereinafter, ``DOD'') to transfer 
     funds to VA to cover the costs of the health care provided to 
     these veterans and their families. In order to pay for the 
     increase in funding for providing health care to veterans and 
     their families, the bill would decrease DOD spending by 
     consolidating its commissaries and exchanges.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 102 of the Compromise Agreement would provide 
     health care benefits through VA to certain veterans and 
     family members who lived aboard Camp Lejeune during the 
     period the drinking water was contaminated and have certain 
     illnesses or conditions. VA would reimburse family members 
     for health care services provided under this section as a 
     final payer to other third party health care plans. Similar 
     to the treatment, under current law, of other exposures, such 
     as Agent Orange and toxins from the Gulf War, the Compromise 
     Agreement includes language that health care may not be 
     provided to veterans or family members if that illness or 
     condition is found by VA to have resulted from a reason other 
     than residence of the family aboard Camp Lejeune. The 
     Compromise Agreement directs VA to report annually on the 
     number of veterans and family members who were provided 
     hospital care and medical services under the Compromise 
     Agreement; the illnesses, conditions, and disabilities for 
     which care and services were provided under the Compromise 
     Agreement; the number of veterans and family members who 
     applied for care and services under the Compromise Agreement 
     but were subsequently denied (including information on the 
     reasons for denial); and the number of veterans and family 
     members who applied for care and services and are awaiting a 
     decision from VA.
       The Committees understand that it may take VA some time to 
     implement this section; however, the Committees anticipate 
     the process should be executed as expeditiously as possible 
     to enable eligible veterans and their family members to 
     receive needed care and medical services.


    AUTHORITY TO WAIVE COLLECTION OF COPAYMENTS FOR TELEHEALTH AND 
                    TELEMEDICINE VISITS OF VETERANS

     Current Law
       Pursuant to section 1710(g) of title 38, United States Code 
     (hereinafter, ``U.S.C.''), VA is required to collect 
     copayments from veterans, who are not otherwise exempted from 
     such copayments under section 1710(a) of title 38, U.S.C., 
     for medical services provided by VA.
     Senate Bill
       Section 101 of S. 914, as reported, would amend subchapter 
     III of chapter 17 of title 38, U.S.C., by adding a new 
     section 1722B. The new section would authorize VA to waive 
     collections of copayments from veterans for the utilization 
     of telehealth or telemedicine.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 103 of the Compromise Agreement reflects the Senate 
     Bill. The Committees expect that, despite the loss of 
     copayments, the resulting reduction in hospitalizations and 
     in the length of stay per hospitalization will allow VA to 
     deliver health care to veterans in a substantially more 
     efficient and cost-effective manner. In addition to this cost 
     avoidance, veterans' quality of life should increase through 
     more effective management of chronic medical conditions and 
     reduced time spent in medical facilities.


 TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES FOR BENEFICIARY TRAVEL 
      IN CONNECTION WITH VETERANS RECEIVING CARE FROM VET CENTERS

     Current Law
       Section 111 of title 38, U.S.C., authorizes VA to reimburse 
     beneficiaries for travel to VA facilities in connection with 
     care, subject to certain restrictions, at a rate of 41.5 
     cents per mile.
     Senate Bill
       Section 103 of S. 914, as reported, would clarify that VA 
     is authorized to pay travel benefits to veterans receiving 
     care at Vet Centers pursuant to existing authority under 
     section 111(a) of title 38, U.S.C. It would also require VA 
     to submit a report to Congress, no later than one year after 
     the enactment of the Senate Bill, on the feasibility and 
     advisability of paying travel benefits to veterans receiving 
     care at Vet Centers. Finally, this section of the Senate Bill 
     would authorize such sums as may be necessary be appropriated 
     for the Department to pay such expenses and allowances for 
     the one-year period following the enactment of the Senate 
     Bill.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 104 of the Compromise Agreement reflects the Senate 
     Bill with a modification to limit the authority to a 
     temporary three-year expansion, and a modification that would 
     limit eligibility for reimbursement under the temporary 
     expansion to only veterans who live in highly rural areas. 
     The Committees note that Vet Centers offer valuable services 
     to veterans but those services are inaccessible to some 
     veterans living in highly rural areas. For instance, an 
     eligible individual living in Glasgow, Montana has to travel 
     five hours each way to receive care at the nearest Vet 
     Center, which is located in Billings, Montana. Another 
     example is an eligible individual living in Liberal, Kansas 
     has to travel four hours each way to receive care at the 
     nearest Vet Center, which is located in Wichita, Kansas.


             CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE

     Current Law
       Section 1745(a)(1) of title 38, U.S.C., requires VA to pay 
     the cost of nursing home care in a State home to veterans in 
     need of such care due to a service-connected disability or 
     with a service-connected disability rated at 70 percent or 
     greater. Section 1745(a)(2) establishes such cost as the 
     lesser of either a prevailing rate determined by VA or the 
     actual cost of care in a State home. Section 1745(a)(3) 
     establishes that such payment shall constitute payment in 
     full.
     Senate Bill
       Section 109 of S. 914, as reported, would require VA to 
     enter into contracts or agreements with State homes, based on 
     a methodology developed in consultation with State homes, to 
     pay for nursing home care provided to certain veterans with 
     service-connected disabilities, and would apply to care 
     provided on or after January 1, 2012.
     House Bill
       Section 3 of H.R. 2074, as amended, contains a similar 
     provision.
     Compromise Agreement
       Section 105 of the Compromise Agreement generally reflects 
     this provision except the Compromise Agreement adjusts the 
     effective date from January 1, 2012, to the date 180 days 
     after the date of enactment. The Compromise Agreement also 
     includes a provision that would require VA, at the request of 
     a State home, to offer to enter into a contract or agreement 
     that replicates the reimbursement methodology that was in 
     effect on the day before enactment.
       The Committees note that State homes are significantly 
     under compensated by the current reimbursement framework. VA 
     has been aware of and actively assisting with the development 
     of these provisions. The Committees expect VA to make the 
     negotiation and execution of these contracts a top priority--
     and further expect that no State home will be without a 
     contract on the date that this provision goes into effect. 
     This includes the immediate development of the contract 
     language required under subsection (c)(2) of this section of 
     the Compromise Agreement.
       The Committees further expect that VA and the State homes 
     will negotiate equitably and agree upon several elements of 
     all contracts or agreements under this section. First, that 
     reimbursement will be not only adequate but will also reflect 
     the reasonable cost of care provided. Second, that the 
     services for which VA will make reimbursement will be 
     mutually acceptable. Finally, that the contracts will provide 
     appropriately for updating, revising, or renegotiating the 
     contracts as payment rates or other circumstances change.


COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS 
                       AND OTHER SAFETY INCIDENTS

     Current Law
       There is no similar provision in current law.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 2 of H.R. 2074, as amended, would amend chapter 17 
     of title 38, U.S.C., to require VA to develop, by March 1, 
     2012, a comprehensive policy on sexual assault and other 
     safety incidents to include the: (1) development of clear and 
     comprehensive criteria with respect to the reporting of 
     sexual assault incidents and other safety incidents for both 
     clinical personnel and law enforcement personnel; (2) 
     establishment of an accountable oversight system within VA to 
     report and track sexual assault incidents for all alleged or 
     suspected forms of abuse and unsafe acts; (3) systematic 
     information sharing of reported sexual assault incidents, and 
     a centralized reporting, tracking, and monitoring system to 
     ensure each case is fully investigated and victims receive 
     appropriate treatment; (4) use of specific ``risk assessment 
     tools'' to examine any danger related to sexual assault that 
     a veteran may pose while being treated, including clear 
     guidance on the collection of information relating to the 
     legal history of the veteran; (5) mandatory training of 
     employees on safety awareness and security; and (6) 
     establishment of

[[Page 11553]]

     physical security precautions including appropriate 
     surveillance and panic alarm systems that are operable and 
     regularly tested. This section of the House Bill would also 
     require VA to report to the Committees on the development of 
     the policy not later than 30 days after enactment, and to 
     report on the implementation of such policy not later than 60 
     days after it is put in place and not later than October 1 of 
     each subsequent year.
     Compromise Agreement
       Section 106 of the Compromise Agreement generally reflects 
     the House Bill but it modifies the date the comprehensive 
     policy is required to be in place from March 1, 2012, to 
     September 30, 2012. The Compromise Agreement also requires 
     VA, in developing the comprehensive policy and risk 
     assessment tools, to consider the effects on veterans' use of 
     mental health and substance abuse treatments, and the ability 
     of VA to refer veterans to such services.


    REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY

     Current Law
       Sections 1710C and 1710D of title 38, U.S.C., direct VA to 
     provide comprehensive care in accordance with individualized 
     rehabilitation plans to veterans with traumatic brain injury 
     (hereinafter, ``TBI''). Although these sections of law do not 
     provide a definition of the word ``rehabilitation,'' the 
     phrase ``rehabilitative services'' is defined in section 
     1701(8) of title 38, U.S.C., for VA health-care purposes as 
     professional, counseling, and guidance services and treatment 
     programs that are necessary to restore, to the maximum extent 
     possible, the physical, mental, and psychological functioning 
     of an ill or disabled person.
     Senate Bill
       Section 105 of S. 914, as reported, would amend section 
     1710C of title 38, U.S.C., to include (1) the goal of 
     maximizing the individual's independence, and (2) improving 
     such veteran's behavioral functioning. Section 105 would also 
     require the inclusion of rehabilitative services in (1) a VA 
     comprehensive program of long-term care for veterans with 
     TBI, and (2) cooperative agreements for the use of non-VA 
     facilities for veterans' rehabilitation from TBI within a 
     program of individualized rehabilitation and reintegration 
     plans for veterans with TBI.
     House Bill
       Section 4 of H.R. 2074, as amended, contains a similar 
     provision.
     Compromise Agreement
       Section 107 of the Compromise Agreement contains this 
     provision.


                   TELECONSULTATION AND TELEMEDICINE

     Current Law
       There is no similar provision in current law.
     Senate Bill
       Section 102(a) of S. 914, as reported, would amend 
     subchapter I of chapter 17 of title 38, U.S.C., by adding a 
     new section 1709, which would require VA to create a system 
     for consultation and assessment of mental health, TBI, and 
     other conditions through teleconsultation when a VA medical 
     facility is unable to do so independently.
       Section 102(b) of the Senate Bill would require VA to offer 
     opportunities for training in telemedicine to medical 
     residents in facilities that have and utilize telemedicine, 
     consistent with medical residency program standards 
     established by the Accreditation Council for Graduate Medical 
     Education.
       Section 102(c) of the Senate Bill would require VA to 
     modify the Veterans Equitable Resource Allocation 
     (hereinafter, ``VERA'') system to include teleconsultation, 
     teleretinal imaging, telemedicine, and telehealth 
     coordination services. VA would also be required to assess, 
     within one year of modifying the VERA system, the effect on 
     the utilization of telehealth technologies and determine 
     whether additional incentives are necessary to promote their 
     utilization. VA would also be required to include 
     telemedicine visits when calculating facility workload.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 108 of the Compromise Agreement reflects 
     subsections (a) and (b) of the Senate Bill with a 
     modification to specify that the implementation of the 
     teleconsultation program does not preclude the referral of 
     veterans to third-party providers under VA's existing fee-
     basis or contracting authority.


 USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS

     Current Law
       Section 901 of title 38 authorizes VA to prescribe rules to 
     govern conduct on Department property, which is defined as 
     land and buildings under the Department's jurisdiction and 
     not under the control of the Administrator of General 
     Services. Section 1714(c) of title 38, U.S.C., authorizes VA 
     to provide service dogs to veterans who, in order of 
     precedence, are hearing impaired, have spinal cord injuries, 
     or are mentally ill.
     Senate Bill
       Section 104 of S. 914, as reported, would amend section 
     1714 of title 38, U.S.C., by adding a new subsection (e), 
     which would require VA to admit full access to all service 
     animals accompanying individuals at every VA facility 
     according to the same regulations that govern the admission 
     of the public to such facilities. The provision would apply 
     not only to service dogs as provided for in section 1714(c) 
     of title 38, U.S.C., but would also include trained service 
     animals that accompany individuals with disabilities not 
     specified by that subsection. Further, VA would be authorized 
     to prohibit service animals from roaming or running free and 
     to require the animals to wear harnesses or leashes and be 
     under the control of an individual at all times while at a 
     Department owned or funded facility.
     House Bill
       Section 5 of H.R. 2074, as amended, would amend section 901 
     of title 38, U.S.C., by adding a new subsection (f), which 
     would prohibit VA from refusing to allow the use of service 
     dogs in any facility or on any property owned or funded by 
     the Department.
     Compromise Agreement
       Section 109 of the Compromise Agreement reflects the House 
     Bill with a modification to specify that the provision 
     applies only to service dogs that have been trained by 
     entities that have been accredited for such work by an 
     appropriate accrediting entity.


 Recognition of rural health resource centers in office of rural HEALTH

     Current Law
       Section 7308 of title 38, U.S.C., establishes the Office of 
     Rural Health within the Office of the Under Secretary for 
     Health and sets the functions of such Office as: conducting, 
     coordinating, promoting, and disseminating research into 
     issues affecting rural veterans; working with all Department 
     personnel and offices to develop, refine, and promulgate 
     policies, best practices, lessons learned, and successful 
     programs to improve care and services for rural veterans; 
     designating a rural health coordinator within each Veterans 
     Integrated Service Network; and performing other duties as 
     appropriate.
     Senate Bill
       Section 106(a) of S. 914, as reported, would create a new 
     section 7330B in title 38, U.S.C., which would require VA, 
     acting through the Director of the Office of Rural Health, to 
     establish and operate centers of excellence for rural health 
     research, education, and clinical activities.
       Those centers would be required to perform one or more of 
     the following functions: collaborate with the Veterans Health 
     Administration's Office of Research and Development on rural 
     health research; develop specific models for the Department 
     to furnish care to rural veterans; develop innovative 
     clinical activities and systems of care for rural veterans; 
     and provide education and training on rural health issues for 
     health care professionals.
       Section 106(b) of the Senate Bill would further amend title 
     38, U.S.C., by adding a new subsection (d) to section 7308, 
     which would codify the existence and describe the purposes of 
     rural health resource centers. Rural health resource centers 
     would be required to work to improve the Office of Rural 
     Health's understanding of challenges faced by rural veterans, 
     identify disparities in the availability of health care to 
     rural veterans, create programs to enhance the delivery of 
     health care to rural veterans, and develop best practices and 
     products for VA to use in providing services to rural 
     veterans.
       Finally, section 106(c) of the Senate Bill would designate 
     the VA Medical Center (hereinafter, ``VAMC'') in Fargo, North 
     Dakota, as a center of excellence for rural health research, 
     education, and clinical activities.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 110 of the Compromise Agreement reflects section 
     106(b) of the Senate Bill.


 Improvements for recovery and collection of amounts for department of 
             veterans affairs medical care collections fund

     Current Law
       Section 1729A of title 38, U.S.C., creates within the 
     Treasury the VA Medical Care Collections Fund (hereinafter, 
     ``MCCF'') in which amounts recovered or collected under 
     several VA collections authorities are to be deposited.
     Senate Bill
       Section 111 of S. 914, as reported, would require VA to 
     develop and implement, within 180 days of enactment of the 
     Senate Bill, a plan to ensure accurate and full collections 
     by the VA health care system, pursuant to existing 
     authorities for billing and collections. The amounts 
     collected would be required to be deposited in the MCCF. This 
     provision would further require the following elements to be 
     included in the plan: an effective process to identify 
     billable fee claims, effective and practicable policies and 
     procedures to ensure billing and collection using current 
     authorities, training of employees responsible for billing or 
     collection of funds to enable them to comply with the 
     provisions of this section, fee revenue goals for

[[Page 11554]]

     the Department, and an effective monitoring system to ensure 
     the Department meets fee revenue goals and complies with such 
     policies and procedures.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 111 of the Compromise Agreement reflects the Senate 
     Bill.


                 Extension of authority for copayments

     Current Law
       In relevant part, section 1710(f)(2) of title 38, U.S.C., 
     states that a veteran who is furnished hospital care or 
     nursing home care under this section and who is required to 
     agree to pay a designated amount to the United States in 
     order to be furnished such care, shall be liable to the 
     United States for an amount equal to the lesser of the cost 
     of furnishing such care, the amount determined under 
     paragraph (3) of the section, or $10 for every day the 
     veteran receives hospital care and $5 for every day the 
     veteran receives nursing home care, before September 30, 
     2012.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       The Compromise Agreement amends section 1710(f)(2)(B) of 
     title 38, U.S.C., by extending the date of liability from 
     before September 30, 2012, to before September 30, 2013.


    extension of authority for recovery of cost of certain care and 
                                services

     Current Law
       In relevant part, section 1729(a)(2)(E) of title 38, 
     U.S.C., provides that, in any case in which a veteran is 
     furnished care or services under chapter 17 of such title for 
     a non-service-connected disability, the United States has the 
     right to recover or collect reasonable charges for such care 
     or services (as determined by VA) from a third party to the 
     extent that the veteran (or the provider of the care or 
     services) would be eligible to receive payment for such care 
     or services furnished before October 1, 2012, from such third 
     party if the care or services had not been furnished by a 
     department or agency of the United States.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 113 of the Compromise Agreement amends section 
     1729(a)(2)(E) of title 38, U.S.C., by extending the date of 
     liability from before October 1, 2012, to before October 1, 
     2013.

                       Title II--Housing Matters


   temporary expansion of eligibility for specially adapted housing 
 assistance for certain veterans with disabilities causing difficulty 
                            with ambulating

     Current Law
       Section 2101(a) of title 38, U.S.C., provides VA with the 
     authority to assist disabled veterans in acquiring suitable 
     housing with special fixtures or movable facilities made 
     necessary by the veteran's disability.
       Under section 2101(a)(2), a permanently and totally 
     disabled veteran who has A) loss, or loss of use, of both 
     lower extremities to the degree that locomotion without the 
     aid of braces, crutches, canes or a wheelchair is precluded; 
     or B) a disability due to blindness in both eyes, having 
     light perception plus the loss, or loss of use, of one lower 
     extremity; or C) a disability due to loss, or loss of use, of 
     one lower extremity with residuals of organic disease or the 
     loss, or loss of use, of one upper extremity that affects 
     balance or propulsion to preclude locomotion without the aid 
     of braces, crutches, canes or a wheelchair; or D) a 
     disability due to the loss, or loss of use, of both upper 
     extremities such as to preclude use of the arms at or above 
     the elbows; or E) a disability due to a severe burn injury, 
     is entitled to grant assistance for housing adaptations.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 201 of the Compromise Agreement would temporarily 
     add certain severe injuries and dismemberment disabilities 
     that affect ambulation to the eligibility criteria for the 
     specially adapted housing program under section 2101(a) of 
     title 38, U.S.C., for those veterans 1) who served on or 
     after September 11, 2001, and 2) became permanently disabled 
     on or after that same date. This expansion of authority would 
     expire on September 30, 2013, and require that VA receive 
     grant applications prior to that date in order to receive 
     consideration.
       Because of advances in medical technology, many individuals 
     are surviving traumatic events which past generations of 
     military personnel were not able to survive. However, as a 
     result of these traumatic events, these individuals are left 
     with specific types of physical losses and injuries which 
     often affect their ability to ambulate without assistance. 
     For example, some individuals are returning from the current 
     conflicts with varying degrees of impairment that impact 
     mobility due to the loss or loss of use of one limb, such as 
     a single above the knee amputation.
       The Committee intends that this provision assist those 
     individuals with balance problems resulting from traumatic 
     injuries that affect their ability to ambulate. The 
     Committees believe that there are numerous home adaptations 
     available which would maximize physical abilities and enhance 
     the quality of life for individuals with these types of 
     injuries. While these individuals would clearly benefit from 
     home adaptations, VA cannot assist these individuals with 
     home modifications because of existing statutory limitations. 
     Changes to these provisions are necessary in order for VA to 
     be responsive to the growing numbers of these different types 
     of injuries.
       Some of these adaptations include: adding a new bathroom or 
     adapting existing bathroom fixtures with features such as 
     grab bars, bath transfer benches, or high-rise toilets; 
     providing non-slip flooring for balance-related issues; and 
     installing special kitchen and laundry appliances (with 
     locations and controls in optimal reach zone) to address 
     safety issues.


 Expansion of eligibility for specially adapted housing assistance for 
                    veterans with vision impairment

     Current Law
       Under current law, section 2101(b) of title 38, U.S.C., a 
     veteran with a permanent and total service-connected 
     disability due to blindness in both eyes has to have visual 
     acuity of 5/200 or less in order to qualify for certain 
     adaptive housing assistance grants.
       According to the National Eye Institute, visual acuity is 
     defined as the eye's ability to distinguish object details 
     and shape with good contrast, using the smallest identifiable 
     object that can be seen at a specified distance. It is 
     measured by use of an eye chart and recorded as test 
     distance/target size. Visual acuity of 5/200 means that an 
     individual must be 5 feet away from an eye chart to see a 
     letter that an individual with normal vision could see from 
     200 feet.
       While VA had used the 5/200 or less standard of visual 
     acuity for blindness over the last several decades, a 
     consensus definition of what constitutes ``legal blindness'' 
     has emerged.
       This consensus definition is the statutory definition used 
     for the Social Security disability insurance program and the 
     Supplemental Security Income program and is less stringent 
     than VA's standard, encompassing individuals with lesser 
     degrees of vision impairment. The American Medical 
     Association has espoused this definition since 1934 and 
     defines blindness as a ``central visual acuity of 20/200 or 
     less in the better eye with corrective glasses, or central 
     visual acuity of more than 20/200 if there is a visual field 
     defect in which the peripheral field is contracted to such an 
     extent that the widest diameter of the visual field subtends 
     an angular distance no greater than 20 degrees in the better 
     eye.''
       Recognizing this consensus definition, Public Law 
     (hereinafter, ``P.L.'') 110-157, the Dr. James Allen Veteran 
     Vision Equity Act of 2007, amended the criteria for receiving 
     special monthly compensation to allow veterans who are very 
     severely disabled as the result of blindness, and other 
     severe disabilities, to be eligible to receive a higher rate 
     of disability compensation if their visual acuity in both 
     eyes is 20/200 or less.
     Senate Bill
       Section 306 of S. 914, as reported, would amend section 
     2101(b) of title 38, U.S.C., by requiring central visual 
     acuity of 20/200 or less in the better eye with the use of a 
     standard correcting lens. It also provides that an eye with a 
     limitation in the fields of vision such that the widest 
     diameter of the visual field subtends an angle no greater 
     than 20 degrees shall be considered as having a central 
     visual acuity of 20/200 or less.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 202 of the Compromise Agreement reflects the Senate 
     Bill.


    Revised limitations on assistance furnished for acquisition and 
              adaptation of housing for disabled veterans

     Current Law
       Since 1948, VA has provided adaptive housing assistance 
     grants to eligible individuals who have certain service-
     connected disabilities to construct an adapted home or modify 
     an existing home to accommodate their disabilities. Today, VA 
     provides adaptive housing assistance primarily through two 
     programs--Specially Adapted Housing (hereinafter, ``SAH'') 
     and Special Home Adaptation (hereinafter, ``SHA''). Both 
     programs are codified under chapter 21 of title 38, U.S.C.
       The SAH grant program provides financial assistance to 
     veterans and servicemembers who are entitled to compensation 
     for permanent and total service-connected disability

[[Page 11555]]

     due to the loss or loss of use of multiple limbs, blindness 
     and limb loss, or a severe burn injury. Eligible individuals 
     may receive up to three SAH grants totaling no more than 50 
     percent of the cost of a specially adapted house, up to the 
     aggregate maximum amount for FY 2011 of $63,780. This amount 
     is adjusted annually based on a cost-of-construction index. 
     Grants may be used to construct a house or remodel an 
     existing house, or they may be applied against the unpaid 
     principal mortgage balance of a specially adapted house. The 
     SHA grant program, which is similar to SAH but is for 
     individuals with other disabilities, may be used for slightly 
     different purposes and cannot exceed $12,756 during FY 2011. 
     This amount is also adjusted annually based on a cost-of-
     construction index.
       P.L. 109-233, the Veterans' Housing Opportunity and 
     Benefits Improvement Act of 2006, authorized VA to expand its 
     previously existing adaptive housing assistance grants to 
     include eligible individuals temporarily living in a home 
     owned by a family member. The Temporary Residence Adaptation 
     (hereinafter, ``TRA'') benefit, codified at section 2102A of 
     title 38, U.S.C., allows veterans to apply for a grant to 
     adapt the home of a family member with whom they are 
     temporarily residing. The benefit was extended to active duty 
     servicemembers with the passage of P.L. 110-289, the Housing 
     and Economic Recovery Act of 2008. The TRA grant program 
     enables veterans and servicemembers eligible under the SAH 
     and SHA programs to use up to $14,000 and $2,000, 
     respectively, to modify a family member's home.
       Under current law, section 2102(d) of title 38, U.S.C., 
     each TRA grant counts as one of the three grants allowed 
     under either SAH or SHA. TRA grants also count toward the 
     maximum allowable FY 2011 amount of $63,780 under SAH and 
     $12,756 under SHA.
       The Government Accountability Office's (hereinafter, 
     ``GAO'') congressionally mandated reports on the TRA grant 
     program noted the limited participation in the TRA program. 
     GAO found that one of the reasons for the low usage was that 
     veterans often choose to wait to take advantage of benefits 
     to adapt their own home because the TRA grant amount counts 
     against the overall amount available to an individual under 
     the SAH or SHA grant programs. One potential solution GAO 
     identified would be no longer counting TRA grants against the 
     maximum funds available under SAH and SHA.
     Senate Bill
       Section 307 of S. 914, as reported, would amend section 
     2102(d) of title 38 to exclude the TRA grant from the 
     aggregate limitations on assistance furnished to an eligible 
     veteran or servicemember pursuant to section 2102 of title 
     38, U.S.C. TRA grants would no longer be counted against the 
     maximum funds available under SAH and SHA grants.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 203 of the Compromise Agreement reflects the Senate 
     Bill. The Committees believe this change would increase 
     participation in the TRA grant program.


 IMPROVEMENTS TO ASSISTANCE FOR DISABLED VETERANS RESIDING IN HOUSING 
                        OWNED BY A FAMILY MEMBER

     Current Law
       P.L. 109-233, the Veterans' Housing Opportunity and 
     Benefits Improvement Act of 2006, authorized VA to expand its 
     previously existing adaptive housing assistance grants, known 
     as TRA grants, to include eligible individuals temporarily 
     living in a home owned by a family member. The benefit was 
     extended to active duty servicemembers with the passage of 
     P.L. 110-289, the Housing and Economic Recovery Act of 2008.
       Under current law, section 2102A of title 38, U.S.C., the 
     TRA grant program allows veterans and servicemembers eligible 
     under the SAH and SHA programs to use up to $14,000 and 
     $2,000, respectively, to modify a family member's home. The 
     TRA grant program is scheduled to expire on December 31, 
     2012.
       Section 101 of P.L. 109-233 also required the GAO to submit 
     a report to Congress on VA's implementation of the TRA grant 
     program. The interim report, ``Veterans Affairs: 
     Implementation of Temporary Residence Adaptation Grants'' 
     (GAO-09-637R), and the final report, ``Opportunities Exist to 
     Improve Potential Recipients' Awareness of the Temporary 
     Residence Adaptation Grant'' (GAO-10-786) (hereinafter, ``GAO 
     Reports''), both noted limited participation in the TRA 
     program. The interim report examined a number of reasons for 
     the low usage, and noted that veterans often choose to wait 
     to take advantage of benefits to adapt their own home because 
     the TRA grant counts against the overall amount available to 
     an individual under the SAH or SHA grant program. One of the 
     potential solutions GAO identified was to increase the 
     maximum benefit available under SAH and SHA.
     Senate Bill
       Section 305 of S. 914, as reported, would amend section 
     2102A of title 38, U.S.C., by increasing the amount of 
     assistance available for individuals with permanent and total 
     service-connected disabilities that meet the criteria of 
     section 2101(a)(2) of title 38, U.S.C., from $14,000 to 
     $28,000. It would increase the amount of assistance available 
     for individuals with permanent and total service-connected 
     disabilities that meet the criteria of section 2101(b)(2) of 
     title 38, U.S.C., from $2,000 to $5,000.
       It would add a new paragraph to section 2102A that would 
     provide for automatic annual adjustments to the maximum grant 
     amounts, based on a cost-of-construction index already in 
     effect for other SAH and SHA grants authorized under chapter 
     21 of title 38, U.S.C. Finally, the Senate bill would amend 
     section 2102A of title 38, U.S.C., by extending VA's 
     authority to provide assistance under the TRA grant program 
     until December 31, 2021.
     House Bill
       Section 2 of H.R. 4299 would amend section 2102A of title 
     38, U.S.C., by striking ``December 31, 2012'' and inserting 
     ``December 31, 2014.''
     Compromise Agreement
       Section 204 of the Compromise Agreement generally follows 
     the Senate Bill except the authority to provide TRA grants is 
     extended to 2022.


 DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN GUARANTEES FOR SURVIVING 
              SPOUSES OF CERTAIN TOTALLY DISABLED VETERANS

     Current Law
       VA currently provides that surviving spouses of veterans 
     whose deaths were not service-connected, but who had service-
     connected disabilities that were permanent and total for at 
     least 10 years immediately preceding their deaths, are 
     eligible to receive a monthly dependency and indemnity 
     compensation (hereinafter, ``DIC'') payment from VA. However, 
     surviving spouses of such veterans are not eligible for the 
     VA home loan guaranty benefit administered by VA.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 502 of H.R. 2433, as amended, would amend section 
     3701(b) of title 38, U.S.C., to extend eligibility for the VA 
     Home Loan guaranty benefit to surviving spouses of veterans 
     whose deaths were not service-connected, but who had service-
     connected disabilities that were permanent and total for at 
     least 10 years immediately preceding their deaths.
     Compromise Agreement
       Section 205 of the Compromise Agreement reflects the House 
     Bill.


  OCCUPANCY OF PROPERTY BY DEPENDENT CHILD OF VETERAN FOR PURPOSES OF 
   MEETING OCCUPANCY REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS 
                             HOUSING LOANS

     Current Law
       Current law, section 3704(c)(2) of title 38, U.S.C., states 
     that, ``[i]n any case in which a veteran is in active-duty 
     status as a member of the Armed Forces and is unable to 
     occupy a property because of such status, the occupancy 
     requirements [for purposes of obtaining a VA-backed home 
     loan] shall be considered to be satisfied if the spouse of 
     the veteran occupies the property . . . and the spouse makes 
     the certification required by paragraph (1) of this 
     subsection.'' Under current law, a single veteran with a 
     dependent child is disqualified from obtaining a VA-backed 
     home loan if he or she is on active-duty status, because he 
     or she does not have a spouse to satisfy occupancy 
     requirements.
     Senate Bill
       Section 303 of S. 914, as reported, would add to section 
     3704(c)(2) a provision allowing a veteran's dependent child 
     who occupies, or will occupy, the property as a home to 
     satisfy the occupancy requirements. To qualify them for a VA-
     backed home loan, the veteran's attorney-in-fact or a legal 
     guardian of the veteran's dependent child must make the 
     certification required by section 3704(c)(1) of title 38.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 206 of the Compromise Agreement reflects the Senate 
     Bill. The Committees believe this provision would allow 
     single-parent veterans performing active-duty service to 
     obtain a VA-guaranteed home loan in situations where a 
     veteran's dependent child will be occupying the home with an 
     approved guardian. The Committees also intend that this 
     provision apply to situations where veterans, married to each 
     other, are both deployed.


 MAKING PERMANENT PROJECT FOR GUARANTEEING OF ADJUSTABLE RATE MORTGAGES

     Current law
       Section 3707(a) of title 38, U.S.C., authorizes the 
     guaranty of adjustable rate mortgages for veterans. The 
     authority for VA to guaranty such mortgages is set to expire 
     at the end of FY 2012.
     House Bill
       Section 501 of H.R. 2433, as amended, would amend section 
     3707(a) to reauthorize the adjustable rate mortgages until 
     the end of FY 2014.
     Senate Bill
       The Senate Bills contain no similar provision.

[[Page 11556]]


     Compromise Agreement
       Section 207 of the Compromise Agreement would make this 
     authority permanent.


 MAKING PERMANENT PROJECT FOR INSURING HYBRID ADJUSTABLE RATE MORTGAGES

     Current law
       Section 3707A(a) of title 38, U.S.C., authorizes the 
     guaranty of hybrid adjustable rate mortgages for veterans. 
     The authority for VA to guaranty such mortgages is set to 
     expire at the end of FY 2012.
     House Bill
       Section 501 of H.R. 2433, as amended, would amend section 
     3707A(a) to reauthorize hybrid adjustable rate mortgages 
     until the end of FY 2014.
     Senate Bill
       The Senate Bills contain no similar provision.
     Compromise Agreement
       Section 208 of the Compromise Agreement would make this 
     authority permanent.


   WAIVER OF LOAN FEE FOR INDIVIDUALS WITH DISABILITY RATINGS ISSUED 
                     DURING PRE-DISCHARGE PROGRAMS

     Current Law
       Under current law, section 3729(c) of title 38, U.S.C., a 
     housing loan fee may not be collected if a veteran is rated 
     eligible to receive compensation as a result of a pre-
     discharge VA disability examination and rating. The time 
     period between pre-discharge ratings and release from active-
     duty service can be quite long. During that time, many 
     disabled servicemembers utilize their VA home loan benefit. 
     Under current law, servicemembers who are rated eligible to 
     receive compensation solely as the result of a pre-discharge 
     review of existing medical evidence and not as the result of 
     a VA examination are required to pay the housing loan fees 
     until they have been discharged or released from active duty.
     Senate Bill
       Section 304 of S. 914, as reported, would amend section 
     3729(c) of title 38, U.S.C., by adding a provision that 
     waives the collection of housing loan fees from a 
     servicemember rated eligible to receive compensation based on 
     a pre-discharge review of existing medical evidence that 
     results in the issuance of a memorandum rating.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 209 of the Compromise Agreement reflects the Senate 
     Bill. The Committees believe this provision would ensure that 
     all servicemembers eligible to receive compensation as the 
     result of a pre-discharge program are eligible for the 
     housing loan fee waiver, regardless of whether the 
     eligibility was the result of an examination or a review of 
     existing evidence.


  MODIFICATION OF AUTHORITIES FOR ENHANCED-USE LEASES OF REAL PROPERTY

     Current Law
       Subchapter V of chapter 81 of title 38, U.S.C., provides VA 
     with authority to enter into enhanced-use leases 
     (hereinafter, ``EULs''). EULs allow VA to lease underutilized 
     real property to third-parties, so long as it will be used 
     for a purpose that complements the mission of VA. VA was 
     permitted to accept monetary or in-kind consideration for 
     EULs and to spend any money collected on medical care via the 
     MCCF. This authority expired on December 31, 2011.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 210 of the Compromise Agreement would reauthorize 
     VA's EUL authority until December 31, 2023. The Compromise 
     Agreement also would make several changes to VA's authority, 
     including permitting EULs only for the purpose of creating 
     programs to assist veterans who are homeless or at risk of 
     homelessness, requiring VA to receive approval for future 
     EULs from the Office of Management and Budget, prohibiting VA 
     from receiving any type of in-kind consideration for leased 
     property, and forbidding federal entities from leasing 
     property from a lessee when that property is already subject 
     to an EUL.
       The Compromise Agreement also would require a report to 
     Congress 120 days after enactment and annually thereafter, 
     and include the key changes made to the administration of the 
     program to address deficiencies identified by VA's Office of 
     Inspector General in a February 29, 2012, report titled 
     ``Audit of the Enhanced-Use Lease Program.'' The Committees 
     note, with significant concern, the findings of the Office of 
     Inspector General and expect VA to ensure substantial 
     improvements are made to the management of the EUL program.

                      Title III--Homeless Matters


             ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS

     Current Law
       Section 2011 of title 38, U.S.C., sets forth the authority, 
     criteria, and requirements for VA's grant program. The law 
     requires VA to establish criteria and requirements for grants 
     awarded under this section. Eligible entities for these 
     grants are restricted to public or nonprofit private entities 
     with the capacity to administer these grants effectively who 
     demonstrate that adequate financial support will be available 
     to carry out the project for which the grant is sought 
     consistent with the plans, specifications, and schedule 
     submitted by the applicant. An eligible entity must also 
     agree to meet, as well as have the capacity to meet, the 
     applicable criteria and requirements established by VA. 
     Subsection (b) specifies the kinds of projects for which the 
     grants are available, including the expansion, remodeling, 
     and alteration of existing buildings. Subsection (c) of this 
     section stipulates that funds may not be used to support 
     operation costs and may not exceed 65 percent of the 
     estimated cost of the project concerned. In addition, the 
     grants may not be used to support operational costs and the 
     amount of the grant may not exceed 65 percent of the 
     estimated cost of the project concerned.
       Section 2012 of title 38, U.S.C., sets forth the authority 
     for VA's per diem program. The law requires VA to provide to 
     recipients of grants under section 2011 of title 38, U.S.C., 
     per diem payments for services furnished to any homeless 
     veteran whom VA has referred to the grant recipient or 
     authorized the provision of services. The per diem rate is 
     defined as the estimated daily cost of care, not in excess of 
     the per diem rate for VA's State Home Per Diem Program.
     Senate Bill
       Section 201 of S. 914, as reported, would authorize grant 
     funds to be used for new construction and stipulates that the 
     Department cannot deny a grant on the basis that the entity 
     proposes to use funding from other public or private sources, 
     including entities that are Low-Income Housing Tax Credit 
     recipients controlled by eligible nonprofits. This provision 
     also would require VA, a year after enactment, to complete a 
     study on grant and per diem payment methods within the 
     comprehensive service grant and per diem programs, and issue 
     a report to Congress on the findings therein.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 301 of the Compromise Agreement reflects the Senate 
     Bill.


MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND REHABILITATION 
       TO CERTAIN VETERANS TO INCLUDE PROVISION OF TREATMENT AND 
 REHABILITATION TO HOMELESS VETERANS WHO ARE NOT SERIOUSLY MENTALLY ILL

     Current Law
       Section 2031 of title 38, U.S.C., authorizes VA to provide 
     outreach services, care, treatment, rehabilitative services, 
     and certain therapeutic transitional housing assistance to 
     veterans suffering from serious mental illness, including 
     such veterans who are also homeless.
     Senate Bill
       Section 203 of S. 914, as reported, would modify the 
     authority for the provision of treatment, rehabilitation, and 
     other services to certain veterans to include the provision 
     of such services to homeless veterans who are not seriously 
     mentally ill.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 302 of the Compromise Agreement reflects the Senate 
     Bill.


 MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS

     Current Law
       Section 2061 of title 38, U.S.C., authorizes VA to operate 
     a grant program for homeless veterans with special needs. 
     Section 2061(b) defines homeless veterans with special needs 
     as: 1) women, including women who have care of minor 
     dependents; 2) frail elderly; 3) terminally ill; or 4) 
     chronically mentally ill.
     Senate Bill
       Section 202 of S. 914, as reported, would include male 
     homeless veterans with minor dependents as an additional 
     population with special needs for the purpose of receiving 
     per diem payments to provide services. It would also 
     authorize recipients of special needs grants to provide 
     services directly to a dependent of a homeless veteran with 
     special needs who is under the care of such veteran while 
     receiving services from the grant recipient. Section 202 also 
     authorizes the provision of grants to entities that are 
     eligible for, but not currently in receipt of, funding under 
     VA's Comprehensive Service Programs.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 303 of the Compromise Agreement reflects the Senate 
     Bill.

[[Page 11557]]




   COLLABORATON IN PROVISION OF CASE MANAGEMENT SERVICES TO HOMELESS 
                 VETERANS IN SUPPORTED HOUSING PROGRAM

     Current Law
       The Housing and Urban Development-Veterans Affairs 
     Supportive Housing Program (hereinafter, ``HUD-VASH'') is a 
     cooperative partnership between HUD and VA that provides 
     long-term case management, supportive services, and permanent 
     housing support for eligible homeless veterans. Section 
     2003(b) of title 38, U.S.C., requires VA to ensure that there 
     are adequate case managers available for veterans who receive 
     section 8 vouchers under the HUD-VASH program.
     Senate Bill
       Section 209 of S. 914, as reported, would require VA to 
     consider entering into contracts or agreements with State or 
     local governments, tribal organizations, or nonprofit 
     organizations to collaborate in the provision of case 
     management services to veterans in the supported housing 
     program.
       Section 209 of S. 914, as reported, also would require a 
     report to Congress 545 days after enactment and not less 
     frequently than once each year thereafter. This report would 
     include, but would not be limited to, a description of any 
     consideration to contract for case management; a description 
     of the entities with whom VA entered into contracts; a 
     description of the veterans served via contract; an 
     assessment of contract performance; and recommendations for 
     legislative or administrative action for the improvement of 
     collaboration in the provision of case management services 
     under the HUD-VASH program.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 304 of the Compromise Agreement generally reflects 
     the Senate Bill with the addition of technical changes in 
     subsection (b) that ensure veterans who meet eligibility 
     criteria when entering the program and who are receiving case 
     management from a contract provider can continue to receive 
     case management from that same entity after they are placed 
     into housing.


 EXTENSIONS OF PREVIOUSLY FULLY-FUNDED AUTHORITIES AFFECTING HOMELESS 
                                VETERANS

     Current Law
       Under section 2013 of title 38, U.S.C., funds are 
     authorized to be appropriated for comprehensive service 
     programs for homeless veterans. $250 million is authorized to 
     be appropriated for the program in FY 2012, but only $150 
     million is authorized to be appropriated for FY 2013.
       Under section 2021 of title 38, U.S.C., $50 million is 
     authorized to be appropriated for the Homeless Veterans 
     Reintegration Program (hereinafter, ``HVRP'') for FY 2012. 
     There are no funds authorized to be appropriated for this 
     program in FY 2013.
       Under section 2044 of title 38, U.S.C., $100 million is 
     authorized to be appropriated in FY 2012 for financial 
     assistance for supportive services for very low-income 
     veteran families in permanent housing. There are no funds 
     authorized to be appropriated for this program in FY 2013.
       Under section 2061 of title 38, U.S.C., $5 million is 
     authorized to be appropriated annually for the grant program 
     for homeless veterans with special needs between FY 2007 and 
     FY 2012. There are no funds authorized to be appropriated for 
     this program in FY 2013.
     Senate Bill
       Section 201 of S. 914, as reported, would increase the 
     authorization of appropriations to $250 million for the 
     comprehensive service programs for homeless veterans in FY 
     2012.
       Section 206 of S. 914, as reported, would extend through FY 
     2012 the existing $50 million authorization of appropriations 
     for HVRP.
       Section 207 of S. 914, as reported, would authorize the 
     appropriation of $100 million for financial assistance for 
     supportive services for very low-income veteran families in 
     permanent housing in FY 2012.
       Section 208 of S. 914, as reported, would authorize the 
     appropriation of $5 million for the grant program for 
     homeless veterans with special needs in FY 2012.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 305 of the Compromise Agreement would increase the 
     authorization of appropriations to $250 million for 
     comprehensive service programs for homeless veterans in FY 
     2013 and $150 million for every fiscal year after and 
     including FY 2014.
       Section 305 of the Compromise Agreement would extend 
     through FY 2013 the existing $50 million authorization of 
     appropriations for HVRP.
       Section 305 of the Compromise Agreement would authorize the 
     appropriation of $300 million for financial assistance for 
     supportive services for very low-income veteran families in 
     permanent housing in FY 2013.
       Section 305 of the Compromise Agreement would authorize the 
     appropriation of $5 million for the grant program for 
     homeless veterans with special needs in FY 2013.

                      Title IV--Education Matters


AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE AVAILABLE TO INDIVIDUALS WHO 
  RECEIVE BOTH SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE AND 
           OTHER VETERANS AND RELATED EDUCATIONAL ASSISTANCE

     Current Law
       Under chapter 35 of title 38, U.S.C., certain survivors and 
     dependents of individuals who die or are disabled while on 
     active duty are eligible for educational assistance benefits. 
     Section 3511(a)(1) provides that each eligible person is 
     entitled to the equivalent of 45 months of full-time 
     benefits.
       P.L. 110-252, the Post-9/11 Veterans Educational Assistance 
     Act of 2008, codified at chapter 33 of title 38, established 
     a new program of educational assistance for individuals who 
     served on active duty after September 11, 2001. This Act 
     established a program of educational assistance in which 
     individuals may earn up to a maximum of 36 months of full-
     time benefits.
       Further, under section 3695 of title 38, U.S.C., an 
     individual who is eligible for assistance under two or more 
     specific educational programs may not receive in excess of 
     the equivalent of 48 months of full-time benefits. This means 
     that an eligible survivor or dependent who is entitled to 
     receive education benefits under the chapter 35 program, who 
     uses all 45 months of those benefits to obtain a college 
     education, and who subsequently decides to enter the 
     military, would only be able to earn the equivalent of three 
     months of benefits under P.L. 110-252.
     Senate Bill
       Section 702 of S. 914, as reported, would amend section 
     3695 of title 38, U.S.C., to provide that an individual 
     entitled to benefits under chapter 35 will not be subject to 
     the 48-month limitation. However, the maximum aggregate 
     period of benefits an individual may receive under chapter 35 
     and certain other educational assistance programs listed at 
     section 3695 of title 38, U.S.C., would be capped at 81 
     months.
       Section 702 would also revive a period of entitlement to 
     education benefits in situations where such benefits were 
     reduced by the 48-month limitation. The maximum period of 
     assistance for individuals with revived benefits would also 
     be capped at 81 months.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 401 of the Compromise Agreement reflects the Senate 
     Bill.


    ANNUAL REPORTS ON POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM AND 
       SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM

     Current Law
       Under section 3036 of title 38, U.S.C., DOD and VA, both 
     bi-annually report to Congress on the effectiveness of the 
     Montgomery GI Bill (hereinafter, ``MGIB'') Program in meeting 
     the statutory objectives of the program.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 504 of H.R. 2433, as amended, would require DOD and 
     VA to annually submit to Congress reports on the 
     effectiveness of the Post-9/11 GI Bill. The section would 
     require DOD's report to measure what effect the level of GI 
     Bill benefits has on DOD's ability to recruit and maintain 
     qualified active-duty personnel. This section would also 
     require VA to report on the level of utilization of benefits 
     under all education programs administered by VA, the number 
     of credit hours, certificates, degrees, and other 
     qualifications earned by students under the GI Bill, and VA's 
     recommendations on ways to improve the benefit for 
     servicemembers, veterans, and their dependents. This section 
     also repeals section 3036 of title 38, U.S.C., which requires 
     the current biennially report on the MGIB program.
     Compromise Agreement
       Section 402 of the Compromise Agreement generally reflects 
     the House Bill with some minor modifications. With the advent 
     of the Post-9/11 GI Bill, and the resulting reduction in the 
     participation in the MGIB, the Committees believe it is time 
     to refocus this report on the Post-9/11 GI Bill.
       The Compromise Agreement provides VA increased flexibility 
     in determining what additional type of data on student 
     outcomes can be included in the report and specifies that the 
     first reports are due by November 1, 2013.
       The Committees believe that, with the significant 
     investment, estimated to be as much as $60 to $80 billion 
     over the first 10 years, Congress needs to be able to 
     determine whether provisions of the Post-9/11 GI Bill are 
     meeting their intended outcomes.

                       Title V--Benefits Matters


   AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION REVIEW OF NEW 
                                EVIDENCE

     Current Law
       Current law precludes the Board of Veterans' Appeals 
     (hereinafter, ``Board'') initial consideration of evidence 
     submitted in connection with a claim, unless the claimant 
     waives the right to initial consideration by the Agency of 
     Original Jurisdiction (hereinafter, ``AOJ''). Evidence first 
     must be considered by the AOJ in order to preserve a 
     claimant's statutory right under section 7104 of title 38, 
     U.S.C., to one review on appeal.

[[Page 11558]]


     Senate Bill
       Section 404 of S. 914, as reported, would amend section 
     7105 of title 38, U.S.C., by creating a new subsection, (e), 
     to incorporate an automatic waiver of the right to initial 
     consideration of certain evidence by the AOJ. The evidence 
     subject to the waiver is evidence in connection with the 
     issue or issues with which disagreement has been expressed, 
     and which is submitted by the claimant, or his or her 
     representative, to the AOJ or the Board concurrently with or 
     after the filing of a substantive appeal. Such evidence would 
     be subject to initial consideration by the Board, unless the 
     appellant or his or her representative requests, in writing, 
     that the AOJ initially consider the evidence. The request 
     would be required to be submitted with the evidence. These 
     changes would take effect 180 days after enactment and apply 
     with respect to claims for which a substantive appeal is 
     filed on or after that date.
     House Bill
       Section 2 of H.R. 1484 would direct the Board to consider 
     evidence submitted by a claimant after a substantive appeal 
     has been filed unless the claimant elects to have the 
     evidence considered first by the AOJ.
     Compromise Agreement
       Section 501 of the Compromise Agreement reflects the 
     language of the Senate Bill.


 AUTHORITY FOR CERTAIN PERSONS TO SIGN CLAIMS FILED WITH SECRETARY OF 
                VETERANS AFFAIRS ON BEHALF OF CLAIMANTS

     Current Law
       Under current law, section 5101 of title 38, U.S.C., VA 
     lacks specific authority to authorize a court-appointed 
     representative or caregiver to sign an application form 
     allowing the adjudication of the claim to proceed.
     Senate Bill
       Section 704 of S. 914, as reported, would authorize certain 
     individuals to sign claims filed with VA on behalf of 
     claimants who are under age 18, are mentally incompetent, or 
     are physically unable to sign a form.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 502 of the Compromise Agreement generally follows 
     the Senate Bill but with the addition of a new section, 
     502(a)(2)(A)(iii), in order to clarify that if a person signs 
     a form on behalf of a claimant, the claimant's social 
     security number must be submitted in addition to the social 
     security number or tax identification number of the 
     individual signing the form on behalf of the claimant.


   IMPROVEMENT OF PROCESS FOR FILING JOINTLY FOR SOCIAL SECURITY AND 
                 DEPENDENCY AND INDEMNITY COMPENSATION

     Current Law
       Under current law, section 5105 of title 38, U.S.C., VA and 
     the Social Security Administration (hereinafter, ``SSA'') are 
     required to develop and use joint applications for survivors 
     who apply for both dependency and indemnity compensation DIC 
     and Social Security survivor benefits. Section 5105 further 
     provides that, if such a joint application form is filed with 
     either VA or SSA, it will be deemed an application for both 
     DIC and Social Security benefits.
     Senate Bill
       Section 705 of S. 914, as reported, would amend section 
     5105 of title 38, U.S.C., to permit--but not require--the 
     development of a joint form for SSA and VA survivor benefits. 
     This provision also would amend section 5105 so that any form 
     indicating an intent to apply for survivor benefits would be 
     deemed an application for both DIC and Social Security 
     benefits. This is intended to codify VA's practice under 
     which any indication of intent to apply for Social Security 
     survivor benefits also is treated as an application for VA 
     DIC benefits.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 503 of the Compromise Agreement reflects the Senate 
     Bill.


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

     Current Law
       Section 5103 of title 38, U.S.C., requires VA to issue a 
     notice to claimants of further evidence needed to 
     substantiate a claim, referred to as a VCAA notice because of 
     its requirement under the Veterans Claims Assistance Act of 
     2000. Section 5103 further requires VA to issue a separate 
     written notice to claimants upon receipt of any subsequent 
     claim, regardless of whether the information contained is 
     different from any prior notices issued. The VCAA notice also 
     outlines VA's duty to assist the claimant in obtaining 
     evidence, including what steps VA will take, and explains the 
     role the claimant can play to ensure all relevant evidence is 
     submitted for consideration. The VCAA notice explains how a 
     disability rating and effective date will be determined, and 
     each VCAA notice contains a VCAA Notice Response Form, which 
     identifies the date of claim and provides a brief explanation 
     regarding the submission of any additional information or 
     evidence.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 4 of H.R. 2349, as amended, would remove the 
     requirement that the VCAA notice be sent only after receipt 
     of a claim, thereby allowing VA to put notice on claims 
     application forms as is currently done with the Department's 
     526-EZ form for Fully Developed Claims (hereinafter, 
     ``FDCs''). VA must ensure that veterans are adequately 
     informed about their right to submit an informal claim for 
     the purpose of establishing an earlier effective date in 
     rewriting new application forms. Such information is 
     currently included on the 526-EZ form for those filing under 
     the FDC program, and it should similarly be included for 
     those submitting standard non-FDC forms to ensure that 
     veterans do not lose any benefit.
       Section 4 of H.R. 2349, as amended, authorizes VA to use 
     the most effective means available for communication, 
     including electronic or written communication, and removes 
     the requirement that VA send a notice for a subsequent claim 
     if the issue is already covered under a previous claim and 
     notice. However, under this section, VA must still send a 
     notice if over one year has passed since any notice was last 
     sent to the claimant. According to VA, the subsequent 
     reduction in claims processing times by this section can 
     range from 30 to 40 days, which provides a positive step 
     toward reducing the claims backlog.
       The requirement that VA issue a separate written VCAA 
     notice upon receipt of any subsequent claim presents two 
     issues that contribute to the claims backlog. The first is 
     that, in many cases, VA is forced to take a redundant step of 
     producing the exact same notice it has already provided to 
     the veteran, which increases the processing time without 
     affecting the outcome of the claim. The second issue is that 
     the notices provided by VA must be in writing and mailed 
     through the postal system. Because it is not authorized to do 
     so, VA cannot utilize the speed and efficiency provided by 
     electronic mail, even if that were the claimant's preferred 
     method of communication regarding the claim. This restriction 
     of VA's means of communication prevents it from utilizing a 
     widely-used and accepted form of efficient and timely 
     correspondence. Section 4 of H.R. 2349, as amended, directly 
     addresses those inefficiencies.
       Section 4 of H.R. 2349, as amended, also authorizes VA to 
     waive the requirements for issuing a VCAA notice when ``the 
     Secretary may award the maximum benefit in accordance with 
     this title based on the evidence of record.'' This provision 
     will eliminate delays that occur when a VCAA notice would be 
     sent in connection with claims for which VA will award a 
     benefit, and when such notice has little likelihood of 
     leading to a higher level of benefit. This section contains 
     no requirement limiting correspondence to electronic mail.
     Compromise Agreement
       Section 504 of the Compromise Agreement generally follows 
     the House's position with a minor change in the language of 
     paragraph (5)(B) of H.R. 2349. The House-passed language in 
     paragraph (5)(B) reads ``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.'' Per the Compromise 
     Agreement, this language is changed to ``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 evidence is adequate for rating 
     purposes and sufficient to grant the earliest possible 
     effective date in accordance with section 5110 of this 
     title.'' This revised definition of ``maximum benefit'' 
     clarifies that VA must have evidence that is sufficient to 
     meet all aspects of the rating schedule for each condition.


         DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE RECORDS

     Current Law
       Section 5103A of title 38, U.S.C., outlines VA's duty to 
     assist claimants in obtaining evidence needed to substantiate 
     a claim. Under current law, VA must make ``reasonable 
     efforts'' to obtain private medical records on behalf of a 
     claimant who adequately identifies and authorizes VA to 
     obtain them. What constitutes a ``reasonable effort'' by VA 
     to obtain private medical records on behalf of a claimant is 
     undefined.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 5 of H.R. 2349, as amended, authorizes VA to waive 
     its duty to assist requirement when ``the Secretary may award 
     the maximum benefit in accordance with this title based on 
     the evidence of record.'' The effect of this provision would 
     prevent both the claimant and VA from having to collect 
     further evidence that would have no impact on the claim. 
     Under the revised definition of

[[Page 11559]]

     ``maximum'' benefit, it is clear that before VA can make such 
     an award, it must have evidence that is sufficient to meet 
     all aspects of the rating schedule for each condition.
       Section 5 of H.R. 2349, as amended, also adds a provision 
     to encourage claimants to take a proactive role in the claims 
     process. By encouraging ``claimants to submit relevant 
     private medical records of the claimant to the Secretary if 
     such submission does not burden the claimant,'' the 
     collection of evidence necessary to render a decision can be 
     greatly facilitated.
       Section 5 of H.R. 2349, as amended, is intended to reduce 
     the number of situations wherein VA spends unnecessary time 
     and resources to pursue private medical records that may 
     already have been submitted in the claimant's file, may not 
     exist, may not be obtainable, are not relevant to the claim, 
     or even if obtained, are highly unlikely to change the rating 
     that would otherwise be assigned based on the evidence of 
     record. VA would continue to have an obligation to obtain or 
     assist veterans in obtaining relevant medical records, both 
     public and private; however, this provision clarifies that 
     the purpose of the duty to assist should be limited to 
     situations where it will actually assist veterans in 
     substantiating their claims. In addition, a claimant's 
     knowledge of where certain medical records may be located is 
     invaluable to claim development. In many cases a claimant can 
     identify, obtain, and submit that evidence more quickly than 
     if the Department received a claim and subsequently had to 
     locate and request those same records.
     Compromise Agreement
       Section 505 of the Compromise Agreement generally follows 
     the House's position with a minor change in the language of 
     paragraph (2)(B) of H.R. 2349. The House-passed language in 
     paragraph (2)(B) reads ``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.'' Per the Compromise 
     Agreement, this language is changed to ``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 evidence is adequate for rating 
     purposes and sufficient to grant the earliest possible 
     effective date in accordance with section 5110 of this 
     title.'' This revised definition of ``maximum benefit'' 
     clarifies that VA must have evidence that is sufficient to 
     meet all aspects of the rating schedule for each condition.


   AUTHORITY FOR RETROACTIVE EFFECTIVE DATE FOR AWARDS OF DISABILITY 
 COMPENSATION IN CONNECTION WITH APPLICATIONS THAT ARE FULLY-DEVELOPED 
                              AT SUBMITTAL

     Current Law
       Under section 221 of Public Law 110-389, the Veterans' 
     Benefits Improvement Act of 2008, VA was required to conduct 
     a pilot project to test ``the feasibility and advisability of 
     providing expeditious treatment of fully developed 
     compensation or pension claims.'' After carrying out that 
     pilot at 10 VA regional offices, VA expanded the FDC process 
     to all VA regional offices. Under section 5110(a) of title 
     38, U.S.C., the effective date of an award of disability 
     compensation generally is the date on which VA received the 
     application for those benefits. Although there are exceptions 
     to that general rule, none of the exceptions would allow a 
     retroactive effective date for veterans who file FDCs.
     Senate Bill
       Section 402 of S. 914, as reported, would amend section 
     5110 of title 38, U.S.C., to provide that the effective date 
     of an award of disability compensation to a veteran who 
     submitted an FDC would be based on the facts found, but would 
     not be earlier than 1 year before the date on which VA 
     received the veteran's application. That change would take 
     effect on the date of enactment and would not be applied to 
     claims filed after September 30, 2012.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 506 of the Compromise Agreement generally follows 
     the Senate bill. However, a retroactive effective date will 
     only be available for original claims that are fully-
     developed upon submittal. The changes will be effective 1 
     year after the date of enactment, and the changes will not 
     apply with respect to claims filed after the date that is 
     three years after the date of enactment.


    MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES OF 
       VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR PENSION

     Current Law
       Under current law, veterans' benefits for a specific month 
     are paid in the month following the month to which they are 
     attributable. No benefits are owed to a veteran for the month 
     in which a veteran dies. However, if the veteran had a 
     surviving spouse, the month of death provision in current 
     law, section 5310 of title 38, U.S.C., provides that the 
     amount of benefits that the veteran would have received had 
     the veteran not died, is payable to the surviving spouse.
       Section 5310 also provides that, if the benefit payable to 
     a surviving spouse as death compensation, DIC, or death 
     pension is less than the amount that the veteran would have 
     received for that month but for the veteran's death, the 
     greater benefit would be paid for the month of death.
     Senate Bill
       Section 403 of S. 914, as reported, would amend current law 
     in order to clarify that a surviving spouse of a veteran who 
     is receiving compensation or pension from VA, is due the 
     amount of benefits the veteran would have received for the 
     entire month of the veteran's death, regardless of whether 
     the surviving spouse is otherwise entitled to survivor 
     benefits. Also, if at the time of death, the veteran had a 
     claim pending for compensation or pension that was 
     subsequently granted, the surviving spouse would be eligible 
     for any benefits or additional benefits due as accrued 
     benefits for the month of death.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 507 of the Compromise Agreement reflects the Senate 
     Bill.


   INCREASE IN RATE OF PENSION FOR DISABLED VETERANS MARRIED TO ONE 
      ANOTHER AND BOTH OF WHOM REQUIRE REGULAR AID AND ATTENDANCE

     Current Law
       Veterans of a period of war who meet income, net worth, and 
     other eligibility criteria are eligible to receive a pension 
     based upon need. The pension amount is based upon the number 
     of veteran dependents. Additional benefits are paid if the 
     veteran has a disability which results in housebound status 
     or a need for aid and attendance. In general, when a veteran 
     is married to another veteran, the pension benefits paid are 
     the same as for a veteran who is married to a non-veteran. 
     However, in cases where one or both members of a veteran 
     couple is housebound and/or in need of aid and attendance, 
     the additional amounts paid are computed separately for each 
     veteran and then added to the basic grant.
       In 1998, section 8206 of P.L. 105-178, the Transportation 
     Equity Act for the 21st Century, increased the benefit for a 
     veteran who requires aid and attendance by $600 per year. 
     Because of the way the bill was drafted, the benefit was 
     increased for only one of the veterans in the rare case that 
     a veteran is married to a veteran and both require aid and 
     attendance. The legislative history does not indicate any 
     intent to treat these spouses differently. Therefore, under 
     current law, a veteran who is married to a veteran where both 
     veterans qualify for aid and attendance benefits, the benefit 
     amount for one of the spouses is lower than for the other 
     spouse.
     Senate Bill
       Section 401 of S. 914, as reported, would increase the 
     benefit paid to married couples where both members of the 
     couple are veterans and both qualify for aid and attendance, 
     so that each member of the married couple receives the full 
     aid and attendance amount.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 508 of the Compromise Agreement generally follows 
     the Senate Bill, but with a slight increase in the amount of 
     the benefit paid to married couples where both members of the 
     couple are veterans, and both qualify for aid and attendance. 
     This increased amount of $32,433 reflects the current rate 
     needed to equalize the benefit provided to each veteran 
     spouse as a result of the 2012 cost-of-living adjustment 
     applied to the previous shortfall remedy of $825. This 
     increase was necessary to ensure that the Compromise 
     Agreement adequately reflected the amount necessary to 
     correct the benefit level for each spouse to the amount 
     intended by P.L. 105-178.


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

     Current Law
       Veterans of a period of war who meet income, net worth, and 
     other eligibility criteria are eligible to receive a pension 
     based upon need. Under current law, section 1503 of title 38, 
     U.S.C., reimbursements for any kind of casualty loss are 
     exempt from income determinations for purposes of determining 
     pension eligibility.
     Senate Bill
       The Senate Bill contains no similar provision.
     House Bill
       Section 3 of H.R. 2349, as amended, would prevent the 
     offset of pension benefits for veterans, surviving spouses, 
     and children of veterans due to the receipt of payments by 
     insurance, court award, settlement or other means to 
     reimburse expenses incurred after an accident, theft, 
     ordinary loss or casualty loss. Section 3 would also exempt 
     pain and

[[Page 11560]]

     suffering income from pension calculations, but only amounts 
     determined by VA on a case-by-case basis. The House Bill 
     would also extend the authority of VA to verify income 
     information with the Internal Revenue Service (hereinafter, 
     ``IRS'') to November 18, 2013.
     Compromise Agreement
       Section 509 of the Compromise Agreement generally follows 
     the House Bill except it does not exclude payments for 
     medical expenses resulting from any accident, theft, loss, or 
     casualty loss or payments for pain and suffering related to 
     an accident, theft, loss, or casualty loss. The Committees 
     believe payments received for pain and suffering should not 
     be excluded from countable income because such payments are 
     not a reimbursement for expenses and such an exclusion would 
     be inconsistent with a needs based program.
       The Compromise Agreement does not extend the authority of 
     VA to verify income information with the IRS. This authority 
     was extended until September 30, 2016, by P.L. 112-56.

             Title VI--Memorial, Burial & Cemetery Matters


PROHIBITION ON DISRUPTIONS OF FUNERALS OF MEMBERS OR FORMER MEMBERS OF 
                            THE ARMED FORCES

     Current Law
       Section 2413 of title 38, U.S.C., restricts the time, 
     place, and manner of demonstrations at funerals for 
     servicemembers or former servicemembers at National Cemetery 
     Administration (hereinafter, ``NCA'') facilities and 
     Arlington National Cemetery (hereinafter, ``ANC'').
       Section 1388 of title 18, U.S.C., restricts the time, 
     place, and manner of demonstrations at funerals for 
     servicemembers or former servicemembers that take place in 
     cemeteries other than NCA facilities or ANC.
     Senate Bill
       Section 501 of S. 914, as reported, increases the space and 
     time restrictions, and liability for those protesting at 
     funerals of servicemembers and former servicemembers in both 
     section 2413 of title 38 and section 1388 of title 18, U.S.C. 
     For a full explanation of section 501 of S. 914 please see 
     Senate Report 112-088, the Veterans Programs Improvement Act 
     of 2011.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 601 of the Compromise Agreement reflects the Senate 
     Bill.


   CODIFICATION OF PROHIBITION AGAINST RESERVATION OF GRAVESITES AT 
                      ARLINGTON NATIONAL CEMETERY

     Current Law
       Army Regulation 290-5, Paragraph 2-5, states that ANC 
     selection of specific gravesites or sections is not 
     authorized. Despite a stated policy against preferential 
     treatment and the reservation of gravesites, the Washington 
     Post reported that in recent years ANC had repeatedly 
     provided preferential treatment to VIPs by setting aside 
     select and prestigious gravesites for their future use. An 
     article dated March 20, 2011, titled ``Arlington Cemetery 
     struggles with old reservations,'' is excerpted in relevant 
     part:
       ``Although [ANC] stopped formally taking reservations in 
     1962, the practice of reserving choice grave sites continued, 
     if unofficially, under Raymond J. Costanzo, who was 
     superintendent from 1972 to 1990. [John C. Metzler, Jr.], his 
     successor, who ran the cemetery until he was forced to retire 
     last year, also apparently allowed people to pick areas of 
     the cemetery where they wanted to be buried, Army officials 
     said.
       The Army, which investigated the matter two decades ago and 
     is looking into it again, has a list from 1990 with `senior 
     officials' who have plots that `were de facto reserved in 
     violation of Army policy,' according to a memo obtained by 
     The Post under the Freedom of Information Act. Some of these 
     officials were driven around the cemetery by Costanzo, who 
     told investigators that he had allowed them to pick their 
     spots.
       `I take the position that if there is anything I can do 
     positively for a person, I will try to do that as long as it 
     is not a serious violation of any rule, regulation, or law,' 
     he told investigators at the time.''
       Media reports regarding preferential treatment of and 
     reservations for certain people, coupled with a 2010 
     investigation of ANC by the Army Inspector General, reflect a 
     series of problems with the previous management of ANC. As 
     ANC works to build accountability and transparency in its 
     management and operations, the issue of gravesite 
     reservations remains a paramount concern.
     Senate Bill
       Section 502 of S. 914, as reported, would codify the Army 
     regulations that ban reserving gravesites and would provide 
     accountability and transparency. The section would amend 
     chapter 24 of title 38, U.S.C., by requiring that not more 
     than one gravesite at ANC be provided to eligible veterans or 
     members of the Armed Forces, unless a waiver is made by the 
     Secretary of the Army as considered appropriate. This 
     requirement would apply with respect to all interments at ANC 
     after the date of the enactment of this section.
       Section 502 would also prohibit the reservation of 
     gravesites at ANC for individuals not yet deceased. This 
     prohibition would not apply with respect to the interment of 
     an individual for whom a request for a reserved gravesite was 
     approved by the Secretary of the Army before January 1, 1962, 
     when ANC formally stopped accepting reservations.
       A reporting requirement would also be imposed by the 
     section. Not later than 180 days after the enactment of this 
     section, the Army would be required to submit to Congress a 
     report on reservations made for interment at ANC. The report 
     would describe the number of requests for reservations at ANC 
     that were submitted to the Secretary of the Army before 
     January 1, 1962. The report would also describe the number of 
     gravesites at ANC that, on the day before the date of the 
     enactment of this section, were reserved in response to such 
     requests. The number of such gravesites that, on the day 
     before the enactment of this section, were unoccupied would 
     also be included in the report. Additionally, the report 
     would list all reservations for gravesites at ANC that were 
     extended by individuals responsible for the management of ANC 
     in response to requests for such reservations made on or 
     after January 1, 1962.
     House Bill
       Section 3 of H.R. 1627 contains a similar provision on 
     burial reservations.
     Compromise Agreement
       Section 602 of the Compromise Agreement reflects the Senate 
     and House Bills. The Committees believe that the inclusion of 
     this provision is necessary to ensure that qualified 
     servicemembers and veterans are honored at ANC without regard 
     to rank or status. In light of the extraordinary sacrifices 
     made by America's men and women in uniform, it is paramount 
     that their burials at ANC occur with integrity, in a manner 
     befitting such sacrifice, and in accordance with Army policy 
     and regulation.
       The Compromise Agreement also permits the President to 
     waive the prohibition on burial reservations at Arlington 
     National Cemetery as the President considers appropriate, and 
     requires the President to notify the Committees and the 
     Senate and House Armed Services Committees of any such waiver 
     decision. The Committees expect that decisions to waive the 
     prohibition will be done only under extraordinary 
     circumstances, i.e., for a Medal of Honor recipient, former 
     President, etc.


  EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES TO 
     PERSONS WHO DIED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE

     Current Law
       Under current law, section 112 of title 38, U.S.C., 
     eligibility for presidential memorial certificates is limited 
     to survivors of veterans who were discharged from service 
     under honorable conditions. For purposes of this section, 
     under the section 101, title 38, U.S.C., definition of 
     ``veteran,'' an individual who died in active service, 
     including an individual killed in action, technically is not 
     a veteran because the individual was not ``discharged or 
     released'' from service. Therefore, under current law, the 
     survivors of such an individual are not eligible for a 
     presidential memorial certificate honoring the memory of the 
     deceased.
     Senate Bill
       Section 503 of S. 914, as reported, would amend section 112 
     of title 38 by allowing VA to provide presidential memorial 
     certificates to the next of kin, relatives, or friends of a 
     servicemember who died in active military, naval, or air 
     service.
     House Bill
       The House Bills contain no similar provision.
     Compromise Agreement
       Section 603 of the Compromise Agreement reflects the Senate 
     Bill.


   REQUIREMENTS FOR THE PLACEMENT OF MONUMENTS IN ARLINGTON NATIONAL 
                                CEMETERY

     Current Law
       Section 2409 of title 38, U.S.C., allows the Secretary of 
     the Army to set aside areas in ANC to honor military 
     personnel and veterans who are missing in action or whose 
     remains were not available for various other reasons. Section 
     (b) provides for the erection of appropriate memorials or 
     markers to honor such individuals.
     Senate Bill
       The Senate Bills contain no similar provision.
     House Bill
       Section 2 of H.R. 1627, as amended, would establish clear 
     and objective criteria for the Secretary of the Army in 
     considering and approving monument requests. It would do this 
     by putting in place a requirement that monuments commemorate 
     the military service of an individual, a group of 
     individuals, or a military event that is at least 25 years 
     old. The purpose of the 25-year requirement would be to 
     ensure that a permanent monument truly stands the test of 
     time and is not commemorating events based on the passions of 
     a moment. H.R. 1627, as amended, would also require that 
     monuments be placed in sections of ANC designated by the

[[Page 11561]]

     Secretary of the Army for that explicit purpose and only on 
     land that is not suitable for burial. The bill would further 
     require that monument construction and placement must be 
     funded by a non-governmental entity using funds from private 
     sources. The Secretary of the Army would be required to 
     consult with the U.S. Commission on Fine Arts before 
     approving the monument design, and the sponsoring entity must 
     issue a study on the suitability and availability of other 
     sites (outside of ANC) where the monument could be placed.
       Recognizing the need for flexibility in monument 
     determinations, H.R. 1627, as amended, would permit the 
     Secretary of the Army to waive the 25-year rule (noted above) 
     in the event a monument proposes to commemorate a group of 
     individuals who have made valuable contributions to the Armed 
     Forces for longer than 25 years and those contributions 
     continue, and are expected to continue indefinitely, and such 
     groups have provided service of such a character that it 
     would present a manifest injustice if approval of the 
     monument was not permitted.
       Finally, H.R. 1627, as amended, would retain ultimate 
     Congressional oversight of monument placement at ANC by 
     requiring the Secretary of the Army to notify Congress of any 
     decision to approve a monument, along with the stated 
     rationale, before a monument may be placed. Congress would 
     have 60 days to review the decision and, if it chooses, pass 
     a disapproval resolution in order to halt the monument from 
     going forward. If Congress takes no action, the monument 
     would be deemed approved after the 60-day period lapses.
       H.R. 1627, as amended, therefore, retains elements of the 
     Department of the Army's existing regulatory framework with 
     respect to monument placement at ANC and builds upon that 
     framework by establishing an objective, transparent, 
     rigorous, and flexible criteria for future monument 
     placement.
     Compromise Agreement
       Section 604 of the Compromise Agreement generally follows 
     the House Bill except that it requires that the Advisory 
     Committee on Arlington National Cemetery also be consulted 
     prior to a monument being placed in the Cemetery.

                        Title VII--Other Matters


          ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS

     Current Law
       Laws such as P.L. 93-288, the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act, provide federal 
     assistance to individuals and families affected by natural 
     disasters. However, current law is not specifically tailored 
     to the needs of veterans, particularly veterans with service-
     connected disabilities affected by such disasters. This means 
     that under current law, targeted assistance is unavailable to 
     those veterans who are particularly vulnerable and most in 
     need of assistance in the event of a natural disaster.
       For example, VA adaptive housing assistance grants are 
     available to eligible individuals who have certain service-
     connected disabilities, to construct an adapted home or to 
     modify an existing home to accommodate their disabilities. 
     However, limitations such as caps on the total amount of 
     assistance available under SAH or SHA grants, may prevent a 
     veteran from receiving additional assistance from VA to 
     repair an adapted home damaged by a natural disaster.
       Similarly, under current law, section 3903 of title 38, 
     U.S.C., a veteran may receive a grant for the purchase of an 
     automobile. If that vehicle has been destroyed by a natural 
     or other disaster, current statutory limitations would 
     prevent VA from providing another grant to repair or replace 
     the damaged vehicle.
     Senate Bill
       Section 701 of S. 914, as reported, would provide certain 
     types of assistance to eligible veterans affected by a 
     natural or other disaster.
       Section 701 of S. 914, as reported, would amend chapter 21 
     of title 38, U.S.C., by adding a new section which would 
     provide assistance to a veteran whose home is destroyed or 
     substantially damaged in a natural or other disaster, and 
     that was previously adapted with assistance through the SAH 
     or SHA grant program. Such assistance would not be subject to 
     the limitations on assistance under section 2102. However, 
     under this section a grant award would not exceed the lesser 
     of the reasonable cost of repairing or replacing the damaged 
     or destroyed home in excess of the available insurance 
     coverage on such home, or the maximum grant amount to which 
     the veteran would have been entitled under the SAH or SHA 
     grant programs had the veteran not obtained the prior grant.
       Section 701 would amend section 3108 of title 38, U.S.C., 
     by authorizing VA to extend the payment of a subsistence 
     allowance to qualifying veterans participating in a 
     rehabilitation program under chapter 31 of title 38. The 
     extension would be authorized if the veteran has been 
     displaced as a result of a natural or other disaster while 
     being paid a subsistence allowance. If such circumstances are 
     met, VA would be permitted to extend the payment of a 
     subsistence allowance for up to an additional two months 
     while the veteran is satisfactorily following a program of 
     employment services.
       Section 701 also would amend section 3120 of title 38, 
     U.S.C., by waiving the limitation on the number of veterans 
     eligible to receive programs of independent living services 
     and assistance, in any case in which VA determines that an 
     eligible veteran has been displaced as the result of, or has 
     otherwise been adversely affected in the areas covered by, a 
     storm or other disaster.
       Section 701 would amend section 3703 of title 38, U.S.C., 
     to allow VA to guarantee a loan, regardless of whether such 
     loan is subordinate to a superior lien created by a public 
     entity that has provided, or will provide, assistance in 
     response to a major disaster.
       Additionally, section 701 would amend section 3903, of 
     title 38, U.S.C., by authorizing VA to provide, or to assist 
     in providing, an eligible person receiving assistance through 
     the Automobile Assistance Program with a second automobile. 
     This assistance would be permitted only if VA receives 
     satisfactory evidence that the automobile, previously 
     purchased with assistance through this program, was destroyed 
     as a result of a natural or other disaster, the eligible 
     person bore no fault, and the person would not receive 
     compensation for the loss from a property insurer.
       Finally, section 701 would require VA to submit an annual 
     report to Congress detailing the assistance provided or 
     action taken by VA during the last fiscal year pursuant to 
     the authority of this section. Required report provisions 
     would include: a description for each natural disaster for 
     which assistance was provided, the number of cases or 
     individuals in which, or to whom, VA provided assistance, and 
     for each such case or individual, a description of the 
     assistance provided.
     House Bill
       The House Bills contain no similar provisions.
     Compromise Agreement
       Section 701 of the Compromise Agreement follows the Senate 
     Bill.


            EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW

     Current Law
       Under section 3720(h) of title 38, U.S.C., VA has the 
     authority to issue, or approve the issuance of, certificates 
     or other securities evidencing an interest in a pool of 
     mortgage loans VA finances on properties it has acquired and 
     guarantee the timely payment of principal and interest on 
     such certificates or other securities. This authority expired 
     on December 31, 2011.
       Section 3729(b)(2) of title 38, U.S.C., sets forth a loan 
     fee table that lists funding fees to be paid by 
     beneficiaries, expressed as a percentage of the loan amount, 
     for different types of loans guaranteed by VA. Funding fee 
     rates have varied over the years, but with one exception, 
     have remained constant since 2004. All funding fee rates are 
     set to be reduced on October 1, 2016.
       Finally, P.L. 110-389, the Veterans' Benefits Improvement 
     Act of 2008, authorized VA to temporarily guarantee mortgages 
     with higher loan values in recognition of the high cost of 
     housing in several areas of the country. This authorization 
     expired on December 31, 2011.
     Senate Bill
       Section 15 of S. 951, as reported, would amend the fee 
     schedule set forth in section 3729(b)(2) of title 38, U.S.C., 
     by extending VA's authority to collect certain fees and by 
     adjusting the amount of the fees. Specifically, the section 
     would amend section 3729(b)(2)(B)(ii) by striking ``January 
     1, 2004, and before October 1, 2011'' and inserting ``October 
     1, 2011, and before October 1, 2014,'' and by striking 
     ``3.30'' both places it appears and inserting ``3.00.''
       The section also would amend section 3729(b)(2)(B)(i) by 
     striking ``January 1, 2004'' and inserting ``October 1, 
     2011'' and by striking ``3.00'' both places it appears and 
     inserting ``3.30.'' The section would also strike clause 
     (iii) and re-designate clause (iv) as clause (iii). Clause 
     (iii), as re-designated, would be amended by striking 
     ``October 1, 2013'' and inserting ``October 1, 2014.''
     House Bill
       Section 501 of H.R. 2433, as amended, would amend section 
     3720(h)(2) to extend VA's pooling authority for mortgages 
     until December 31, 2016. The section also would amend the fee 
     schedule set forth in section 3729(b)(2) of title 38, U.S.C., 
     by extending VA's authority to collect certain fees and by 
     adjusting the amount of the fees. Specifically, the section 
     would amend section 3729(b)(2)(A)(iii) and 3729(b)(2)(A)(iv) 
     by striking ``November 18, 2011'', and inserting ``October 1, 
     2017''.
       The section also would amend section 3729(b)(2)(B)(i) by 
     striking ``November 18, 2011'' and inserting ``October 1, 
     2017''. The section also would strike clause (ii) and (iii) 
     and re-designate clause (iv) as clause (ii). The section also 
     would amend section 3729(b)(2)(C)(i) and 3729(b)(2)(C)(ii) by 
     striking ``November 18, 2011'' and inserting ``October 1, 
     2017''. The section also would amend section 3729(b)(2)(D)(i) 
     and 3729(b)(2)(D)(ii) by striking ``November 18, 2011'' and 
     inserting ``October 1, 2017''.
       Finally, this section also would amend section 501 of the 
     Veterans Benefits Improvement Act of 2008 to extend the 
     authority to

[[Page 11562]]

     temporarily guarantee mortgages with higher loan values in 
     certain areas of the country until December 31, 2014.
     Compromise Agreement
       Section 702 of the Compromise Agreement generally follows 
     the House Bill.


 REQUIREMENT FOR PLAN FOR REGULAR ASSESSMENT OF EMPLOYEES OF VETERANS 
      BENEFITS ADMINISTRATION WHO HANDLE PROCESSING OF CLAIMS FOR 
                        COMPENSATION AND PENSION

     Current Law
       Under current law, section 7732A of title 38, U.S.C., VA 
     shall provide for an examination of appropriate employees and 
     managers of the Veterans Benefits Administration 
     (hereinafter, ``VBA'') who are responsible for processing 
     claims for compensation and pension benefits under the laws 
     administered by VA. In developing the required examination, 
     VA must consult with appropriate individuals or entities, 
     including examination development experts, interested 
     stakeholders, and employee representatives; and consider the 
     data gathered and produced under section 7731(c)(3) of title 
     38, U.S.C., which establishes a quality assurance program 
     within VBA.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       Section 2 of H.R. 2349, as amended, allows for VA to take a 
     more deliberate approach to the skills assessments required 
     by section 7723A of title 38, U.S.C., by requiring biennial 
     assessments of appropriate employees and managers at five 
     regional offices (hereinafter, ``ROs'') from 2012 through 
     2016. The assessments would be required of appropriate 
     employees and managers responsible for processing claims for 
     compensation and pension benefits. If employees or managers 
     receive a less-than-satisfactory score on the assessment 
     exam, VA would be required to provide appropriate remediation 
     training so that the assessment exam could be taken again. 
     If, after remediation, an employee or manager again gets a 
     less-than-satisfactory score, VA would then be required to 
     take appropriate personnel action. Section 2 would authorize 
     $5 million over five years to carry out the biennial 
     assessments, the results of which VA would be required to 
     report to Congress.
     Compromise Agreement
       Section 703 of the Compromise Agreement requires VA to 
     submit a plan to the Committees detailing how VA will 
     regularly assess the skills and competencies of appropriate 
     VBA employees and managers, provide training to remediate 
     deficiencies in skills and competencies, reassess skills and 
     competencies following remediation, and take appropriate 
     personnel action following remediation training and 
     reassessment if skills and competencies remain 
     unsatisfactory.
       The Committees believe certification testing could be used 
     to more broadly influence the type of training or remediation 
     necessary at the individual employee level in order to 
     improve the accuracy of claims decisions. This Compromise 
     Agreement reflects the Committees' sensitivities to the 
     concerns expressed by VA regarding the cost and management 
     difficulties associated with annual testing and follow-up 
     remediation of every employee. As a result, it allows VA to 
     provide the Committees with a plan to accomplish the intent 
     of the Committees, which is to use certification testing as a 
     way to influence the type of training and remediation 
     necessary for individual employees, in order to improve the 
     accuracy of claims decisions.


MODIFICATION OF PROVISION RELATING TO REIMBURSEMENT RATE FOR AMBULANCE 
                                SERVICES

     Current Law
       Section 111(b)(3)(A) of title 38, U.S.C., states that VA 
     shall not reimburse for special modes of travel unless such 
     mode was medically required and authorized in advance by VA 
     or was a medical emergency. Subparagraph (B) states that VA 
     may provide payment to the provider of special transportation 
     and subsequently recover the amount from the beneficiary if 
     they are determined to be ineligible. Subparagraph (C) states 
     that for ambulance services the transportation provider may 
     be paid either the actual charge or the amount determined in 
     the Social Security Act fee schedule, whichever is less.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 704 of the Compromise Agreement amends section 
     111(b)(3)(c) of title 38, U.S.C., by striking ``under 
     subparagraph (B)'' and inserting ``to or from a Department 
     facility.''


        CHANGE IN COLLECTION AND VERIFICATION OF VETERAN INCOME

     Current Law
       Section 1722 of title 38, U.S.C., defines ``attributable 
     income'' as a veteran's income from the previous year and 
     sets out guidelines for determining such income.
     Senate Bill
       The Senate Bills contain no comparable provision.
     House Bill
       The House Bills contain no comparable provision.
     Compromise Agreement
       Section 705 of the Compromise Agreement amends section 
     1722(f)(1) of title 38, U.S.C., by striking ``the previous 
     year'' and inserting ``the most recent year for which 
     information is available.''


       DEPARTMENT OF VETERANS AFFAIRS ENFORCEMENT PENALTIES FOR 
  MISREPRESENTATION OF A BUSINESS CONCERN AS A SMALL BUSINESS CONCERN 
 OWNED AND CONTROLLED BY VETERANS OR AS A SMALL BUSINESS CONCERN OWNED 
              AND CONTROLLED BY SERVICE-DISABLED VETERANS

     Current Law
       Under 38 U.S.C. 8127(g), the Department is directed to 
     debar for a reasonable period of time any business concern 
     determined by VA to have misrepresented its status as a small 
     business concern owned and controlled by veterans, or as a 
     small business concern owned and controlled by service-
     disabled veterans.
     Senate Bill
       Section 703 of S. 914, as reported, would amend section 
     8127(g) of title 38, U.S.C., by requiring that the Department 
     debar any firm determined by VA to have deliberately 
     misrepresented its status for a period of not less than five 
     years, and that such debarment also would include all 
     principals of the firm for a period of not less than five 
     years. The section also would require the Department to 
     commence any debarment action within 30 days of its 
     determination that the firm misrepresented its status.
     House Bill
       H.R. 1657 would amend section 8127(g) of title 38, U.S.C., 
     to require that VA debar a company and its principals from 
     contracting with VA for a period of not less than five years, 
     if it is determined that the company has misrepresented its 
     status. H.R. 1657 also requires VA to begin a debarment 
     action by not later than 30 days after determining that the 
     firm misrepresented its status, and to complete the debarment 
     process within 90 days after the finding of 
     misrepresentation.
     Compromise Agreement
       Section 706 of the Compromise Agreement follows generally 
     both the Senate and House Bills. The Compromise Agreement 
     adopts and clarifies the standard of deliberateness as set 
     forth in section 703 of S. 914, by defining a deliberate 
     misrepresentation as one that is willful and intentional.


     QUARTERLY REPORTS TO CONGRESS ON CONFERENCES SPONSORED BY THE 
                               DEPARTMENT

     Current Law
       There is no provision in current law in regards to 
     reporting to Congress on conferences of VA.
     Senate Bill
       The Senate Bill contains no similar provisions.
     House Bill
       Section 1 of H.R. 2302, as amended, amends subchapter I of 
     chapter 5 of title 38, U.S.C., to require VA to provide 
     Congress with information regarding the cost of covered 
     conferences.
       Subsection (a) would require that VA submit a quarterly 
     report to the Committees detailing the expenses related to 
     conferences hosted or co-hosted by VA. It also requires that 
     VA submit this quarterly report within 30 days of the end of 
     the quarter.
       Subsection (b) would require that the reports include 
     actual expenses for conferences occurring during the previous 
     quarter related to: transportation and parking; per diem 
     payments; lodging; rentals of halls, auditoriums, or other 
     spaces; rental of equipment; refreshments; entertainment; 
     contractors; and brochures or printed material. It also 
     requires that the report include an estimate of the expected 
     conference expenses for the next quarter.
       Subsection (c) defines covered conferences that will be 
     included in the report as those that are attended by 50 or 
     more individuals, including one or more employees of VA, or 
     have an estimated cost of at least $20,000.
     Compromise Agreement
       Section 707 of the Compromise Agreement follows the House 
     Bill. With a growing deficit, and scarce discretionary 
     funding resources, the Committees are concerned about the 
     significant growth in costs that are not directly related to 
     the mission of providing services and benefits to veterans. 
     While the Committees are concerned with the significant cost 
     of such conferences, this section would not limit VA's travel 
     budget or eliminate any conferences. The Committees 
     understand that it is often advantageous for VA employees to 
     meet face-to-face for training and leadership development, 
     but believe that there must be more transparency and 
     oversight of these meetings.


   PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY FEDERAL 
                              CONTRACTORS

     Current Law
       Section 4212 of title 38, U.S.C., requires companies with 
     federal contracts worth

[[Page 11563]]

     $100,000 or more to have an affirmative action plan to hire 
     veterans and to report certain veteran-related employment 
     data annually to the U.S. Department of Labor (hereinafter, 
     ``DoL''). This data is compiled by DoL but there is no 
     requirement to make the data available to the public.
     Senate Bill
       The Senate Bills contain no similar provisions.
     House Bill
       Section 3 of H.R. 2302, as amended, amends section 4212(d) 
     of title 38, U.S.C., to require the Department of Labor 
     (hereinafter, ``DoL'') to publish on an Internet Web site, 
     reports submitted by government contractors on the results of 
     their affirmative action plans to hire veterans.
     Compromise Agreement
       Section 708 of the Compromise Agreement follows the House 
     Bill.


                         VETSTAR AWARD PROGRAM

     Current Law
       There is no requirement in current law that VA recognize 
     businesses for their contributions to veterans employment.
     Senate Bill
       The Senate Bill contains no similar provisions.
     House Bill
       H.R. 802 amends section 532 of title 38, U.S.C., to direct 
     VA to establish a VetStar award program to annually recognize 
     businesses that have made significant contributions to 
     veterans employment.
     Compromise Agreement
       Section 709 of the Compromise Agreement follows the House 
     Bill.


   EXTENDED PERIOD OF PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES 
       RELATING TO MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION

     Current Law
       Section 2203 of Public Law 110-289, the Housing and 
     Economic Recovery Act of 2008, amended the Servicemembers 
     Civil Relief Act (hereinafter, ``SCRA''), by extending from 
     90 days to 9 months after military service, the period of 
     protection for servicemembers against mortgage foreclosure, 
     and the time period during which a court may stay proceedings 
     or adjust obligations. These protections were scheduled to 
     expire on December 31, 2010. Public Law 111-346, the Helping 
     Heroes Keep Their Homes Act of 2010, extended the enhanced 
     protections through December 31, 2012.
     Senate Bill
       Section 302 of S. 914, as reported, would extend from 9 
     months to 12 months after military service, the period of 
     protection against mortgage foreclosure, and the period in 
     which a court may stay a proceeding or adjust an obligation. 
     It also would require the Comptroller General to report on 
     certain foreclosure protections.
     House Bill
       Section 1 of H.R. 1263, as amended, would amend section 303 
     of the SCRA extend mortgage related protections to surviving 
     spouses of servicemembers who die on active duty, or whose 
     death is service-connected. This protection would preclude a 
     lending institution from foreclosing on property owned by the 
     surviving spouse until at least 12 months following the 
     servicemember's death. This provision would be effective with 
     the enactment of this bill and would sunset five years from 
     the date of enactment.
       Section 2 of H.R. 1263, as amended, would require all 
     lending institutions covered by the SCRA to designate an 
     employee who is responsible for the institution's compliance 
     with SCRA and who is responsible for providing information to 
     customers covered by the SCRA. Section 2 would require any 
     institution with annual assets of $10 billion in the previous 
     fiscal year to maintain a toll-free telephone number for 
     their customers. It also would require these institutions to 
     publish this toll-free number on their website.
       Section 3 of H.R. 1263, as amended, would amend section 
     303(b) of the SCRA to extend the protection allowing a court 
     to stay proceedings and adjust obligations related to real or 
     personal property for SCRA covered property from 9 months 
     after the servicemember's period of military service, to 12 
     months. Section 3 would amend section 303(c) of the SCRA to 
     extend the protection preventing foreclosure or seizure for 
     SCRA covered property from 9 months after the servicemember's 
     period of military service to 12 months. These protections 
     would sunset five years after enactment of the House bill.
     Compromise Agreement
       Section 710 of the Compromise Agreement generally follows 
     the Senate's position except the agreement includes an 
     effective date 180 days after enactment, and a provision 
     extending the enhanced protections of this Compromise 
     Agreement through December 31, 2014.
       It is the Committees' view that inclusion of a sunset 
     provision will continue the enhanced mortgage protections 
     provided by this bill, but also will allow GAO sufficient 
     time to collect information on the impact of these provisions 
     on the financial well-being of servicemembers before allowing 
     the enhanced protections to expire.

  Mr. REID. Mr. President, I ask unanimous consent that the Murray 
substitute amendment, which is at the desk, be agreed to; the bill, as 
amended, be read three times; and the statutory pay-go statement be 
read.
  The amendment (No. 2559), in the nature of a substitute, 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 to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The clerk will read the pay-go statement.
  The assistant bill clerk read as follows:
  Mr. CONRAD. This is the Statement of Budgetary Effects of PAYGO 
Legislation for H.R. 1627, as amended.

       Total Budgetary Effects of H.R 1627 for the 5-year 
     Statutory PAYGO Scorecard--net reduction in the deficit of 
     $401 million.
       Total Budgetary Effects of H.R 1627 for the 10-year 
     Statutory PAYGO Scorecard--net reduction in the deficit of 
     $215 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.
  The table follows:

 CB0 ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 1627, THE HONORING AMERICA'S VETERANS AND CARING FOR CAMP LEJEUNE FAMILIES ACT OF 2012, AS
                                                               AMENDED (VERSION BAG12759)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            By fiscal year, in millions of dollars--
                                      ------------------------------------------------------------------------------------------------------------------
                                        2012    2013    2014    2015    2016       2017      2018    2019    2020    2021    2022   2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......       0     -36     -28     -37     -49         -257      34      35      34      38      38      -401      -215
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office.
Notes: Components do not sum to totals because of rounding.
The legislation would provide health care benefits to certain veterans and their dependents who were stationed at Camp Lejeune, NC, as well as making
  several changes to housing, compensation, and education benefits provided by the Department of Veterans Affairs.

  Mr. REID. Mr. President, I ask unanimous consent the bill, as 
amended, be passed; the Murray title amendment, which is at the desk, 
be agreed to; and the motions to reconsider be laid upon the table, 
with no intervening action or debate, and any related statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1627), as amended, was passed.
  The amendment (No. 2560) was agreed to, as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to amend title 38, 
     United States Code, to furnish hospital care and medical 
     services to veterans who were stationed at Camp Lejeune, 
     North Carolina, while the water was contaminated at Camp 
     Lejeune, to improve the provision of housing assistance to 
     veterans and their families, and for other purposes.''.

                          ____________________