[Senate Report 107-17]
[From the U.S. Government Publishing Office]
107th Congress Report
SENATE
1st Session 107-17
_______________________________________________________________________
LEGISLATIVE AND OVERSIGHT ACTIVITIES
DURING THE 106TH CONGRESS BY THE
SENATE COMMITTEE ON
VETERANS' AFFAIRS
__________
SPECIAL REPORT
of the
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES SENATE
COMMITTEE ACTIVITIES
May 17, 2001.--Ordered to be printed
[106th Congress]
__________
U.S. GOVERNMENT PRINTING OFFICE
89-010 WASHINGTON : 2001
COMMITTEE ON VETERANS' AFFAIRS
ARLEN SPECTER, Pennsylvania, Chairman
STROM THURMOND, South Carolina JOHN D. ROCKEFELLER IV, West
FRANK H. MURKOWSKI, Alaska Virginia
JAMES M. JEFFORDS, Vermont BOB GRAHAM, Florida
BEN NIGHTHORSE CAMPBELL, Colorado DANIEL K. AKAKA, Hawaii
LARRY E. CRAIG, Idaho PAUL WELLSTONE, Minnesota
TIM HUTCHINSON, Arkansas PATTY MURRAY, Washington
ZELL MILLER, Georgia
Charles Battaglia, Staff Director (1st session)
William F. Tuerk, Chief Counsel/Staff Director (2nd session)
Jim Gottlieb, Minority Chief Counsel/Staff Director
------
[107th Congress]
COMMITTEE ON VETERANS' AFFAIRS
ARLEN SPECTER, Pennsylvania, Chairman
STROM THURMOND, South Carolina JOHN D. ROCKEFELLER IV, West
FRANK H. MURKOWSKI, Alaska Virginia
JAMES M. JEFFORDS, Vermont BOB GRAHAM, Florida
BEN NIGHTHORSE CAMPBELL, Colorado DANIEL K. AKAKA, Hawaii
LARRY E. CRAIG, Idaho PAUL WELLSTONE, Minnesota
TIM HUTCHINSON, Arkansas PATTY MURRAY, Washington
ZELL MILLER, Georgia
BENJAMIN E. NELSON, Nebraska
William F. Tuerk, Chief Counsel/Staff Director
Jim Gottlieb, Minority Chief Counsel/Staff Director
C O N T E N T S
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Page
I. Hearings and meetings.............................................1
A. First session......................................... 1
B. Second session........................................ 2
II. Legislation.......................................................2
A. First session......................................... 2
B. Second session........................................ 7
III.Nominations......................................................12
A. First session......................................... 12
B. Second session........................................ 12
IV. Budget for veterans' programs....................................12
A. First session......................................... 12
B. Second session........................................ 13
107th Congress Report
SENATE
1st Session 107-17
======================================================================
LEGISLATIVE AND OVERSIGHT ACTIVITIES DURING THE 106TH CONGRESS BY THE
SENATE COMMITTEE ON VETERANS' AFFAIRS
_______
May 17, 2001.--Ordered to be printed
_______
Mr. Specter, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
Pursuant to paragraph 8 of rule XXVI of the Standing Rules
of the Senate, the Committee on Veterans' Affairs
(``Committee'') hereby reports on its legislative and oversight
activities during the 106th Congress.
I. Hearings and Meetings
a. first session
During the First Session of the 106th Congress, the
Committee held 12 days of hearings on legislative and oversight
matters, on nominations to serve in the Department of Veterans
Affairs (``VA''), and on the legislative recommendations of
veterans service organizations (``VSOs'').
The Committee held one day of hearings on the findings and
legislative recommendations of the Commission on Servicemembers
and Veterans Transition Assistance, and on Medicare subvention,
third-party collections, and other non-appropriated VA funding
sources (on January 29, 1999); one day of hearings on the
personnel policies of VA's Veterans Health Administration (on
April 13, 1999); one day of hearings on VA steps to ensure that
its Information Technology assets would operate satisfactorily
during the transition to Year 2000 (on April 20, 1999); one day
of hearings on pending legislation relating to VA health care
programs, compensation, pension, and vocational rehabilitation
programs, and related matters (on May 20, 1999); one day of
hearings on pending nominations (on June 8, 1999); and six days
of hearings in 1999 on the legislative recommendations of the
VSOs (on February 25, March 2, March 4, March 17, March 24, and
September 28). Further, the Committee held one hearing jointly
with the Appropriations Committee's Subcommittee on Labor,
Health and Human Services, and Education on threats of domestic
terrorism and the role of VA and other agencies in preparations
to meet such threats (on March 16, 1999). Finally, the
Committee held one formal staff briefing on the record on VHA's
budget and its reduction-in-force and retirement ``buy-out''
policies (on May 6, 1999).
During the First Session of the 106th Congress, the
Committee held three business meetings, to adopt Committee
rules for the 106th Congress (on March 1, 1999); to consider
nominations and to mark up pending legislation (on June 23,
1999); and to approve the Committee's budget (on July 15,
1999). In addition, the Committee met two times as a Committee
of Conference (on November 8 and November 10, 1999) with the
House Committee on Veterans' Affairs.
B. SECOND SESSION
During the Second Session of the 106th Congress, the
Committee held 10 days of hearings on legislative and oversight
matters, and on VSOs' legislative recommendations.
The Committee held one day of hearings on women veterans'
health issues and on birth defects borne by the children of
women Vietnam veterans (on June 19, 2000); one day of hearings
on pending nominations (on June 22, 2000); one day of hearings
on VA adjudication issues and on pending legislation (on July
20, 2000); and six days of hearings in 2000 on the legislative
recommendations of the VSOs (on March 1, March 2, March 7,
March 15, March 22, and September 26). Further, the Committee
held one hearing jointly with the Appropriations Committee's
Subcommittee on Labor, Health and Human Services, and Education
on methods for identifying lapses in medical quality and on
remedying medical ``mistakes'' (on January 25, 2000).
During the Second Session of the 106th Congress, the
Committee held one business meeting to consider nominations and
to mark up pending legislation (on July 27, 2000).
II. Legislation
A. FIRST SESSION
During the First Session of the 106th Congress, the
Committee met in open session one time to consider legislation,
and it reported four bills to the Senate. In addition, it met
two times with the House Committee on Veterans' Affairs in a
Committee on Conference toconsider those bills and two bills
which had been approved by the House of Representatives (``House'') and
referred to the Committee. The Committee on Conference approved two
bills which were derived, with modifications, from these six bills, and
which were enacted as three public laws. In addition, and separate from
its conferencing action with the House, the Committee approved a House
joint resolution which was enacted as a public law.
The public laws referred to above are itemized and
summarized below:
1. The ``Veterans Millennium Health Care and Benefits Act
of 1999'' (Public Law 106-117), signed November 30, 1999.
Public Law 106-117 was derived from S. 695, as amended; from S.
1076, as amended; from two original bills which were derived
from provisions of S. 1076, as introduced and as ordered
reported by the Committee on June 23, 1999 (S. Rept. No. 106-
122); from H.R. 2116, as passed by the House on September 21,
1999; and from H.R. 2280, as passed by the House on June 29,
1999. The ``Veterans Millennium Health Care and Benefits Act of
1999'' was ordered reported (H. Rept. No. 106-470) by a
Committee on Conference which met in open session on November 8
and November 10, 1999. That report was approved by the House on
November 16, 1999, and by the Senate on November 19, 1999.
The ``Veterans Millennium Health Care and Benefits Act of
1999'' specifies as follows:
Title I--Access to Care
A. That VA shall provide nursing home care services to
enrolled veterans who need such care for service-connected
disabilities and to veterans who have service-connected
disabilities rated at 70 percent or more;
B. That VA shall provide extended care services and
assisted living services to certain veterans;
C. That VA shall provide emergency care services to
uninsured, enrolled veterans;
D. That VA shall provide enrollment priority to recipients
of the Purple Heart;
E. That VA shall provide greater access to care to military
retirees who are also eligible for care provided by the
Department of Defense (``DOD'');
F. That VA shall enhance services for veterans who are
suffering from drug and alcohol dependence;
G. That VA shall enhance services and outreach to veterans
who were victims of sexual trauma in service; and
H. That VA shall expand and enhance services provided to
veterans with post-traumatic stress disorder and substance use
disorders.
Title II--Medical Program Administration
A. That VA will be authorized to establish, by regulation,
the amounts of copayments to be paid by veterans receiving
outpatient care services and prescription and non-prescription
drugs from VA;
B. That VA shall establish a Health Services Improvements
Fund into which copayment and insurance reimbursement
collections, lease payments, and other VA funding inflows shall
be deposited for use to fund VA medical care services;
C. That copayment and insurance reimbursement collections
shall be retained by the collecting VA medical center;
D. That nonprofit corporations established at VA medical
centers to accept research support will also be authorized to
accept support in furtherance of educational objectives;
E. That the period within which Vietnam-era veterans may
apply for and receive counseling shall be extended until
December 30, 2003;
F. That VA authority to issue newsletters relating to
services provided to Persian Gulf War veterans shall be
extended;
G. That authority to provide medical evaluations to the
spouses and children of Persian Gulf War veterans shall be
extended;
H. That an advisory committee to consider issues relating
to the treatment of post-traumatic stress disorder shall be
reestablished;
I. That modifications be made in the prioritizing of grant
applications of States seeking VA support in the establishment
of State veterans homes;
J. That modifications be made in VA authority to enter into
``enhanced use leases'' of VA real property;
K. That health care providers who have lost their licenses
to practice in any State shall be barred from VA employment;
L. That VA shall report to Congress on cooperation with DOD
on the procurement of pharmaceuticals; and
M. That providers of medical services in Alaska shall
continue to be reimbursed at rates in effect on the date of
enactment.
Title III--Miscellaneous Medical Provisions
That VA shall report to Congress on bed closures;
A. That a limitation on canteen operations be eliminated;
B. That VA establish policies on the role of chiropractors
in VHA; and
C. That a bed replacement building at the Ioannis A.
Lougaris VA Medical Center in Reno, NV, be designated the
``Jack Streeter Building''.
Title IV--Construction and Facilities Matters
A. That major medical facility projects be authorized in
Lebanon, PA; Fargo, ND; Kansas City, MO; Atlanta, GA;
Leavenworth, KS; and Orlando, FL; and
B. That major medical facility leases be authorized in
Lubbock, TX; and San Diego, CA.
Title V--Benefits and Employment Matters
A. That dependency and indemnity compensation (``DIC'')
paid to the survivors of certain servicemembers and veterans
shall be extended to the survivors of certain former prisoners
of war;
B. That DIC benefits, which are suspended when an eligible
survivor remarries, shall be reinstated if the marriage of the
remarried surviving spouse is terminated by death or divorce;
C. That bronchiolo-alveolar cancer shall be added to the
list of diseases presumed to be associated with exposure to
radiation in service; and
D. That technical corrections and clarifications be made
with respect to veterans' civil service employment opportunity
programs.
Title VI--Memorial Affairs Matters
A. That the American Battle Monuments Commission shall be
authorized to raise and borrow funds to build a World War II
Memorial in Washington, DC;
B. That VA shall establish national cemeteries in the six
areas most in need of such cemeteries;
C. That VA shall be authorized to use flat, ground-level
grave markers at the national cemetery in Santa Fe, NM; and
D. That VA commission an independent study on improvements
needed by the national cemeteries.
Title VII--Education and Housing Matters
A. That VA shall provide educational assistance benefits to
students taking preparatory courses for college and graduate
school entrance examinations;
B. That VA shall continue eligibility for educational
assistance benefits despite the interruption of the applicant's
initial enlistment in cases where that enlistment is
interrupted so that the servicemember may accept a commission;
C. That VA shall report on education benefits provided to
veterans by the States;
D. That eligibility for VA housing loan benefits shall be
extended to members of the Selected Reserves; and
E. That technical amendments relating to the VA
transitional housing loan guarantee program be made.
Title VIII--Department of Veterans Affairs Administrative Matters
A. That VA shall enhance quality assurance programs
relating to the adjudication of veterans' claims;
B. That VA authority to operate a regional office in the
Republic of the Philippines be extended;
C. That VA authority to establish an Advisory Committee on
Minority Veterans be extended; and
D. That a technical amendment be made to VA's automobile
assistance training program.
Title IX--Homeless Veterans Programs
A. That appropriations be authorized for homeless veterans'
reintegration programs;
B. That VA authority to operate certain homeless veterans'
assistance programs be extended; and
C. That VA shall submit to Congress a plan to evaluate the
performance of programs designed to assist homeless veterans.
Title X--United States Court of Appeals for Veterans Claims
A. That judges on the United States Court of Appeals for
Veterans Claims (``CAVC'') be authorized to take early
retirement;
B. That the terms of the next two appointed judges to CAVC
be modified (so that the expiration of future terms of
appointment shall be ``staggered'');
C. That CAVC be authorized to recall retired judges;
D. That modifications be made to CAVC judges' survivor
annuity benefits;
E. That the post-retirement activities of CAVC judges
relating to the legal representation of clients be limited; and
F. That the senior CAVC judge be designated the Chief Judge
of the Court.
Title XI--Voluntary Separation Incentive Program
That VA authority to operate a voluntary separation
incentive program be extended.
2. The ``Veterans' Compensation Cost-of-Living Adjustment
Act of 1999'' (Public Law 106-118), signed November 30, 1999.
Public Law 106-118 was derived from H.R. 2280, as passed by the
House on June 29, 1999; as amended and passed by the Senate on
July 26, 1999; as further amended by the House on November 9,
1999; and as agreed to by the Senate on November 19, 1999. The
``Veterans' CompensationCost-of-Living Adjustment Act of 1999''
specifies cost-of-living adjustments in the rates of disability
compensation for veterans with service-connected disabilities and the
rates of DIC paid to survivors of certain veterans, effective December
1, 1999.
3. A resolution conferring upon Zachary Fisher the status
of an honorary veteran of the United States Armed Forces
(Public Law 106-161), signed December 9, 1999. Public Law 106-
161 was derived from H. J. Res. 46, as passed by the House on
November 2, 1999, and as approved by the Senate on November 19,
1999.
In addition, provisions derived from S. 1076, and from an
original measure, S. 1402, reported by the Committee on June
23, 1999, were enacted, with modifications, during the Second
Session of the 106th Congress as part of Public Law 106-419.
Finally, five public laws were enacted during the First
Session without formal Committee action which contain
provisions relating to matters within the Committee's
jurisdiction. They are:
1. The ``Veterans Entrepreneurship and Small Business
Development Act of 1999'' (Public Law 106-50), signed August
17, 1999. Public Law 106-50 was derived from H. R. 1568, as
passed by the House on June 29, 1999; as reported by the Senate
Committee on Small Business (S. Rept. No. 106-136), with an
amendment in the nature of a substitute, on August 4, 1999; as
passed by the Senate, as amended, on August 5, 1999; and as
approved by the House on August 5, 1999.
2. A resolution congratulating and commending the Veterans
of Foreign Wars of the United States on the occasion of that
organization's 100th anniversary (Public Law 106-61), signed
September 29, 1999. Public Law 106-61 was derived from H. J.
Res. 34, as passed by the House on June 29, 1999, and as
approved by the Senate on September 28, 1999.
3. The ``Department of Defense Authorizations Act of 1999''
(Public Law 106-65), signed October 5, 1999. Public Law 106-65
was derived from S. 1059 as reported as an original bill by the
Senate Committee on Armed Services on May 17, 1999 (S. Rept.
No. 106-50); as passed by the Senate, as amended, on May 27,
1999; as passed by the House, as modified by an amendment in
the nature of a substitute, on June 14, 1999; as agreed to and
ordered reported (H. Rept. No. 106-301) by a Committee on
Conference on August 5, 1999; and as agreed to by the House on
September 15, 1999, and by the Senate on September 22, 1999.
With respect to programs within the Committee's jurisdiction,
Public Law 106-65 specifies as follows:
A. That two persons (rather than, as previously specified,
three persons) may perform honor guard duties at veterans'
funerals, and that honor guard duty requirements shall be
revised (section 578);
B. That military retirees who have service-connected
disabilities rated at 70 percent or more shall be paid
additional allowances not subject to offset despite the receipt
of VA compensation (section 658);
C. That DOD and VA shall be authorized to carry out joint
``telemedicine'' demonstration projects (section 724);
D. That the transferring of veterans' memorial objects to
foreign countries shall be prohibited without specific
statutory authorization (section 1051);
E. That 152 acres of land at Fort Sam Houston, TX, shall be
transferred to VA for use as a national cemetery (section
2831); and
F. That lands known as the ``Navy Annex'' in Arlington, VA,
and lands within Ft. Myer, VA, shall be transferred to
Arlington National Cemetery (sections 2881-2882).
4. An act commending World War II veterans who fought in
the Battle of the Bulge (Public Law 106-142), signed December
7, 1999. Public Law 106-142 was derived from H. J. Res. 65, as
passed by the House on October 5, 1999, and as agreed to by the
Senate on November 19, 1999.
5. An act designating a portion of the Gateway National
Recreation Area in New York as the ``World War II Veterans Park
at Miller Field'' (Public Law 106-132), signed December 7,
1999. Public Law 106-132 was derived from H.R. 592, as passed
by the House on June 30, 1999, and as agreed to by the Senate
on November 19, 1999.
B. SECOND SESSION
During the Second Session of the 106th Congress, the
Committee met in open session one time to consider legislation,
and reported two bills to the Senate. Those bills incorporated
provisions derived from one bill which had been reported during
the First Session, and from five additional bills and from two
original provisions. These measures, and provisions derived
from four bills which had been approved by the House, were
enacted into three public laws during the Second Session. These
three public laws are itemized and summarized below:
1. The ``Veterans' Compensation Cost-of-Living Adjustment
Act of 2000'' (Public Law 106-413), signed November 1, 2000.
Public Law 106-413 was derived from provisions contained in
H.R. 4850 as passed by the House on July 25, 2000, and from S.
3011 as reported by the Committee on September 6, 2000 (S.
Rept. No. 106-398). The ``Veterans' Compensation Cost-of-Living
Adjustment Act of 2000'' authorizes VA to establish by
administrative action cost-of-living adjustments in the rates
of disability compensation for veterans with service-connected
disabilities and the rates DIC paid to certain survivors of
veterans, effective December 1, 2000.
2. The ``Veterans Benefits and Health Care Improvement Act
of 2000'' (Public Law 106-419), signed November 1, 2000. Public
Law 106-419 was derived from S. 1810, as amended and as further
amended to incorporate provisions, as amended, from four bills
(S. 2264, S. 2544, S. 2637, and S. 2827), three original
measures proposed by Chairman Specter, an amendment adopted at
the Committee's markup on July 27, 2000, and as ordered
reported by the Committee on that date (S. Rept. No. 106-397);
from provisions derived from S. 1076, and from an original
measure, S. 1402, reported by the Committee during the First
Session, on June 23, 1999 (S. Rept. No. 106-114); and from
three House bills, H.R. 4850, as passed by the House on July
25, 2000; H.R. 5109, as passed by the House on September 21,
2000; and H.R. 4268, as ordered reported by the House Committee
on Veterans' Affairs on May 19, 2000.
The ``Veterans Benefits and Health Care Improvement Act of
2000'' specifies as follows:
Title I--Educational Assistance Provisions
A. That the rates in basic educational assistance benefits
under the so-called ``Montgomery GI Bill'' (``MGIB'') shall be
increased;
B. That uniform requirements for eligibility for MGIB
benefits (relating to the prior receipt of a high school
diploma or an equivalency certificate) shall be established;
C. That the requirement that a servicemember's initial
obligated period of service be completed as a condition for
MGIB eligibility shall be repealed;
D. That veterans who waived eligibility for Veterans
Educational Assistance Program (``VEAP'') benefits shall be
allowed to gain eligibility for MGIB benefits;
E. That servicemembers shall be permitted to secure
additional education assistance benefits with additional
contributions during service;
F. That the rates of survivors' and dependents' educational
assistance benefits shall be increased;
G. That persons eligible for survivors' and dependents'
educational assistance benefits shall be permitted flexibility
in selecting the commencement date of the period during which
they will be eligible for such benefits, and that such
commencement date shall otherwise be adjusted;
H. That survivors' and dependents' educational assistance
benefits shall be provided to eligible students taking
preparatory courses for college and graduate school entrance
examinations;
I. That MGIB benefits shall be paid in certain
circumstances between school semesters or terms;
J. That educational assistance benefits shall be paid for
courses in preparation for licensing and certification
examinations; and
K. That appropriations would be authorized for State
Approving Agencies.
Title II--Health Provisions
A. That annual pay adjustment procedures applicable to VA
nurses shall be modified;
B. That the ``special pay'' schedules applicable to VA
dentists shall be modified;
C. That VA pharmacists shall be exempted from otherwise
applicable ceilings on special salary rates;
D. That employment limitations applicable to physician
assistants and medical support personnel shall be modified;
E. That licensure qualifications applicable to newly hired
VA social workers shall be modified;
F. That VA shall be required to establish in the Office of
the Under Secretary for Health a Physician Assistant Adviser;
G. That VA's voluntary separation incentive program shall
be extended;
H. That it is the sense of Congress that VA medical records
should reflect information relating to veterans' military
histories;
I. That VA shall commission a study on post-traumatic
stress disorder;
J. That VA shall be authorized to establish ``Fisher
houses'' to provide temporary lodging facilities to patients'
family members at VA medical facilities;
K. That VA funds granted to States by VA for the
establishment of State home facilities shall not be recovered
by VA despite the State's agreement to provide domiciliary
care, nursing home care, or hospital care services at such
sites if the State establishes an outpatient clinic at such a
site;
L. That it is the sense of Congress that VA and DOD shall
cooperate in the procurement of medical supplies;
M. That major medical facility projects shall be authorized
in Palo Alto, CA; Beckley, WV; Long Beach, CA; Miami, FL; and
Murfreesboro, TN; and additional funding shall be authorized
for a major medical facility project in Lebanon, PA;
N. That VA shall not enter into an enhanced use lease
unless it has provided 90-day notice of the proposed lease to
Congress;
O. That a VA reversionary interest in a parcel of land in
Johnson City, TN, shall be released; and
P. That VA shall convey lands in Allen Park, MI; Dublin,
GA; Miles City, MT; and Fort Lyon, CO.
Title III--Compensation, Insurance, Housing, Employment, and Memorial
Affairs Provisions
A. That members of the Reserves who suffer strokes or heart
attacks in the performance of Reserve duty shall be eligible
for VA compensation;
B. That special compensation shall be paid to women
veterans who lose a breast due to a service-connected
disability;
C. That veterans who are injured while participating in
compensated work therapy programs shall be eligible for
compensation for disabilities incurred as a result of those
injuries;
D. That the limit on veterans' estates above which
compensation will be suspended in certain circumstances shall
be modified;
E. That DOD shall review and report to Congress on its
program of reconstructing the dosage of radiation to which
veterans were exposed in service;
F. That premiums paid for service-disabled veterans' life
insurance policies by veterans over the age of 70 shall be
frozen;
G. That the maximum amount of Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance policies shall be
increased from $200,000 to $250,000;
H. That members of the individual Ready Reserves shall be
eligible for Servicemembers' Group Life Insurance benefits;
I. That the VA policy of reducing grants for adapted
housing modifications when the home to be adapted is co-owned
by another person shall be repealed;
J. That veterans' employment programs shall place increased
emphasis on the needs of recently separated veterans;
K. That employers shall be required to grant leave status
to persons who serve as honor guards at veterans' funerals;
L. That veterans of the Commonwealth Army of the
Philippines shall be eligible for interment in the national
cemeteries and for increased burial allowances if they are
citizens or permanent residents of the United States; and
M. That plot allowances shall be granted by VA in the case
of veterans buried in State cemeteries.
Title IV--Other Matters
A. That health care, vocational training, and monetary
allowance benefits shall be granted to children with birth
defects of women Vietnam veterans;
B. That provisions of law relating to loan asset sales,
fees for VA home loan program participation, procedures
applicable to sales by VA of defaulted residential properties,
VA authority to verify income levels of pension applicants,
limitations on pension for veterans receiving long-term nursing
home care services, and establishing research corporations at
VA medical centers shall be extended; and
C. That VA shall be required to submit certain reports to
Congress.
3. The ``Veterans Claims Assistance Act of 2000'' (Public
Law 106-475), signed November 9, 2000. Public Law 106-475 was
derived from H.R. 4864 as passed by the House on July 25, 2000;
as amended to incorporate provisions derived from S. 1810, as
ordered reported by the Committee, as amended, on July 27, 2000
(S. Rept. No. 106-397), and as passed by the Senate on
September 25, 2000; and as agreed to by the House on October
17, 2000.
The ``Veterans Claims Assistance Act of 2000'' specifies as
follows:
A. That the statutory definition of the term ``claimant''
shall be clarified;
B. That VA shall be required to offer assistance to persons
who file claims for VA benefits in obtaining relevant records;
and
C. That VA shall be required to offer medical examinations
to veterans seeking compensation benefits from VA.
Finally, seven public laws were enacted during the Second
Session without formal Committee action which contain
provisions relating to matters within the Committee's
jurisdiction. They are:
1. A resolution declaring a day to honor minority veterans
of World War II (Public Law 106-205), signed May 26, 2000.
Public Law 106-205 was derived from S.J. Res. 44, as passed by
the Senate on May 18, 2000, and as approved by the House on May
23, 2000.
2. An act authorizing the placement within the site of the
Vietnam Veterans Memorial a plaque to honor Vietnam veterans
who died after their service in the Vietnam war, but as a
direct result of that service (Public Law 106-214), signed June
15, 2000. Public Law 106-214 was derived from H.R. 3293, as
passed by the House on May 9, 2000, and as approved by the
Senate on May 25, 2000.
3. An act designating the VA outpatient clinic in Rome, NY,
the ``Donald J. Mitchell Department of Veterans Affairs
Outpatient Clinic'' (Public Law 106-262), signed August 18,
2000. Public Law 106-262 was derived from H.R. 1982, as passed
by the House on July 25, 2000, and as approved by the Senate on
July 27, 2000.
4. An act making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions, corporations,
and offices for Fiscal Year 2001 (Public Law 106-377), signed
October 27, 2000. Public Law 106-377 was derived from H.R.
4635, as passed by the House on June 21, 2000; as agreed to, as
amended, by the Senate on October 12, 2000; as agreed to in
modified form and ordered reported (H. Rept. No. 106-988) by a
Committee on Conference on October 18,2000; and as agreed to by
the House on October 19, 2000, and by the Senate on October 19, 2000.
In addition to specifying VA appropriations for fiscal year 2001,
Public Law 106-377 specifies (at section 501) that veterans of the
Commonwealth Army of the Philippines in World War II shall be eligible
to receive health care in VA facilities and will qualify for
compensation at the full rate paid to veterans of the United States
Armed Forces, if they are citizens or permanent residents of the United
States.
5. The ``Veterans' Oral History Act'' (Public Law 106-380),
signed October 27, 2000. Public Law 106-380, an act directing
the American Folklife Center of the Library of Congress to
establish a program to collect video and audio recordings of
personal histories and testimonials of American war veterans,
was derived from H.R. 5212, as passed by the House on October
4, 2000, and as approved by the Senate on October 17, 2000.
6. The ``Department of Defense Authorizations Act of 2000''
(Public Law 106-398), signed October 30, 2000. Public Law 106-
398 was derived from H.R. 4205 as passed by the House on May
18, 2000; as passed, with an amendment in the form of a
substitute, by the Senate on July 13, 2000; as agreed to and
ordered reported (H. Rept. No. 106-945) by a Committee on
Conference on October 6, 2000; and as agreed to by the House on
October 11, 2000, and by the Senate on October 12, 2000. With
respect to programs within the Committee's jurisdiction, Public
Law 106-398 specifies as follows:
A. That information relating to unknowns who were killed
aboard the U.S.S. Arizona in 1941 and whose remains are
interred at the National Memorial Cemetery of the Pacific in
Hawaii shall be added to grave markers containing those remains
(section 544);
B. That certain military retirees who have service-
connected disabilities rated at 70 percent or more shall be
paid additional allowances not subject to offset despite the
receipt of VA compensation (section 657);
C. That military retirees and other persons eligible for
DOD-provided care shall remain eligible for such care past the
age of 64 (section 712);
D. That DOD and VA fully implement arrangements for the
provision of care by VA to military retirees eligible for DOD-
provided care and for the DOD reimbursement for such care
(section 741);
E. That DOD implement a patient safety program modeled
after VA's (section 742);
F. That DOD and VA cooperate in developing a uniform
pharmaceutical barcoding system (section 743);
G. That veterans who had been eligible for participation in
the Veterans Educational Assistance Program (``VEAP'') shall be
allowed to enroll in the MGIB program upon payment of $2,700
(section 1601);
H. That DOD shall provide modified benefits to active duty
service personnel engaged in off-duty education or training
programs (section 1602); and
I. That VA shall provide assistance to persons who have
applied for VA benefits (section 1611).
7. The ``National Moment of Remembrance Act'' (Public Law
106-579), signed December 28, 2000. Public Law 106-579, an act
establishing a White House Commission on the National Moment of
Remembrance, and to encourage national, State, local, and
tribal participation in the commemoration of a National Moment
of Remembrance on Memorial Day, was derived from S. 3181, as
passed by the Senate on October 27, 2000, and as approved by
the House on December 15, 2000.
III. Nominations
A. FIRST SESSION
During the First Session of the 106th Congress, the
Committee met in open session one time to consider one
nomination. It reported one nomination to the Senate with a
favorable recommendation. The following table portrays the
Committee's and the Senate's actions regarding this nomination.
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS NOMINATIONS
----------------------------------------------------------------------------------------------------------------
Date of
Name and position nomination Date of hearing Date reported Date confirmed
----------------------------------------------------------------------------------------------------------------
John T. Hanson, Assistant April 12, 1999.... June 8, 1999...... June 23, 1999..... July 1, 1999
Secretary for Public and
Intergovernmental Affairs.
----------------------------------------------------------------------------------------------------------------
The Committee received two additional VA nominations during
the First Session: the nomination of Kenneth M. Kizer, M.D., to
serve a second 4-year term as Under Secretary for Health; and
the nomination of Robert M. Walker to be Under Secretary for
Memorial Affairs. The former nomination was withdrawn by the
President on July 14, 1999. The latter nomination was approved
by the Senate during the Second Session of the 106th Congress.
B. SECOND SESSION
During the Second Session of the 106th Congress, the
Committee met in open session one time to consider two
nominations. It reported two nominations to the Senate with
favorable recommendations. The following table portrays the
Committee's and the Senate's actions regarding these
nominations.
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS NOMINATIONS
----------------------------------------------------------------------------------------------------------------
Date of
Name and position nomination Date of hearing Date reported Date confirmed
----------------------------------------------------------------------------------------------------------------
Robert M. Walker, Under November 10, 1999. June 22, 2000..... July 27, 2000..... September 8, 2000
Secretary for Memorial Affairs.
Thomas L. Garthwaite, M.D., May 15, 2000...... June 22, 2000..... July 27, 2000..... September 8, 2000
Under Secretary for Health.
----------------------------------------------------------------------------------------------------------------
IV. Budget for Veterans' Programs
A. FIRST SESSION
On March 15, 1999, pursuant to the requirements of section
301(d) of the Congressional Budget Act of 1974, the Chairman
and the Ranking Minority Member of the Committee submitted a
letter to the Budget Committee reflecting the Committee's views
and estimates on the Administration's proposed fiscal year 2000
budget for veterans' programs.
With respect to discretionary account spending, the ``views
and estimates'' letter expressed opposition to the
Administration's proposal that VA medical care appropriations
be frozen at $17.3 billion, the level of appropriations for
fiscal year 1999, and requested that fiscal year 2000
appropriations for VA medical care be increased by $1.7 billion
to $19.0 billion. In addition, the letter expressed support for
relatively modest increases in funding for VA medical facility
construction and for General Operating Expenses funding
earmarked for the operations of the Veterans Benefits
Administration (``VBA''), recommending that overall
discretionary account funding be increased to $20.8 billion.
With respect to mandatory account spending, the ``views and
estimates'' letter expressed the Committee's support for
legislation increasing VA educational assistance benefits.
Increases in such benefits--which would have increased
mandatory account spending by $3.8 billion in fiscal years
2000-2004, and by $13 billion in fiscal years 2000-2009--had
already been approved by the Senate, prior to issuance of the
``views and estimates'' letter, as part of S. 4, the
``Soldiers', Sailors', Airmen's, and Marines' Bill of Rights
Act of 1999'', without mandatory account spending offsets. The
``views and estimates'' letter requested that, in the event
that these provisions of S. 4 were not to be enacted--as
ultimately they were not--the Budget Committee again withhold
objection if the Committee were to report similar legislation
containing MGIB increases without mandatory account offsets.
On April 14, 1999, the Senate and House Committees on the
Budget issued a conference report (H. Rept. No. 106-91)
approving a budget resolution (H. Con. Res. 68). On April 14,
1999, the House approved the conference report, and on April
15, 1999, the Senate approved the conference report. The
resolution did not direct the Committee to report changes in
laws within the Committee's jurisdiction reducing outlays for
veterans' programs. Later in the First Session, the Committee
reported legislation, S. 1402, that contained increases in MGIB
benefits without mandatory account offsets (S. Rept. No. 106-
114), and the Senate approved such legislation, on July 26,
1999. The House, however, did not act on that legislation
during the First Session.
B. SECOND SESSION
On March 16, 2000, pursuant to the requirements of section
301(d) of the Congressional Budget Act of 1974, the Chairman of
the Committee submitted a letter to the Budget Committee
reflecting the views and estimates of Republican members of the
Committee on the Administration's proposed fiscal year 2001
veterans' programs budget. The Ranking Minority Member of the
Committee submitted a separate letter, dated February 29, 2000,
to the Budget Committee.
With respect to discretionary account spending, the
Chairman's ``views and estimates'' letter expressed opposition
to the Administration's proposal that VA medical care
appropriations be increased by $1.355 billion to $20.3 billion,
but that $350 million in anticipated medical care cost recovery
fund (``MCCF'') receipts be remitted to the United States
Treasury. The letter requested that fiscal year 2000
appropriations for VA medical care be increased by $1.85
billion to $20.8 billion, and that VA continue to retain all
MCCF receipts that it might recover. In addition to this
proposed increase in medical care appropriations, the
Chairman's letter expressed support for increases in funding
for VA medical research and VA medical facility and cemetery
construction. Finally, it noted the Chairman's concerns with
respect to the pace and quality of VBA adjudication, but did
not oppose the Administration's request for additional VBA
funding.