[Senate Report 109-79]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-79

======================================================================



 
 LEGISLATIVE AND OVERSIGHT ACTIVITIES DURING THE 108TH CONGRESS BY THE 
                 SENATE COMMITTEE ON VETERANS' AFFAIRS

                                _______
                                

                  June 9, 2005.--Ordered to be printed

                                _______
                                

   Mr. Craig, 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 108th Congress.

                        I. Hearings and Meetings


                            A. FIRST SESSION

    During the First Session of the 108th Congress, the 
Committee held 17 days of hearings on legislative and oversight 
matters, on nominations to serve in the Department of Veterans 
Affairs (``VA'') and the U.S. Court of Appeals for Veterans' 
Claims, and on the legislative recommendations of veterans 
service organizations (``VSOs'').
    The Committee held one day of hearings on the 
Administration's proposed fiscal year 2004 budget for veterans' 
programs (on February 26, 2003); three days of hearings in 2003 
on nominations to various positions within VA and to judgeships 
on the U.S. Court of Appeals for Veterans' Claims (on March 3, 
June 17, and October 30); one day of hearings on pending 
legislation relating to VA healthcare programs (on June 24, 
2003); one day of hearings on pending legislation relating to 
VA's non-healthcare-related benefits programs (on July 10, 
2003); one day of hearings on a special presentation by the 
National Commander of The American Legion (on July 15, 2003); 
one day of hearings on Department of the Army standards for 
awarding the Combat Medical Badge (on July 29, 2003); one day 
of hearings on a VA assessment of current capital assets and 
future capital assets needs known as the ``Capital Asset 
Realignment for Enhanced Services'' or ``CARES'' process (on 
September 11, 2003); one day of hearings on the legal standard 
for VA determinations that a disability is ``service-
connected'' (on September 23, 2003); and six days of hearings 
in 2003, jointly with the Committee on Veterans' Affairs of the 
House of Representatives, on the legislative recommendations of 
the VSOs (on February 25, March 6, March 12, March 13, March 
20, and September 16). In addition, the Committee held one 
field hearing (on May 19, 2003) on the need for a veterans' 
cemetery in southeastern Pennsylvania.
    During the First Session of the 108th Congress, the 
Committee held five business meetings, to select the Chairman 
of the Committee (on January 7, 2003); to adopt a Committee 
budget and to approve Committee rules for the 108th Congress 
(on February 11, 2003); to consider nominations (on April 10, 
2003, and November 21, 2003); and to mark up pending 
legislation (on September 30, 2003).

                           B. SECOND SESSION

    During the Second Session of the 108th Congress, the 
Committee held 16 days of hearings on legislative and oversight 
matters, on nominations to serve in the Department of Veterans 
Affairs and the U.S. Court of Appeals for Veterans' Claims, and 
on the legislative recommendations of the VSOs.
    The Committee held one day of hearings on the 
Administration's proposed fiscal year 2005 budget for veterans' 
programs (on February 10, 2004); one day of hearings on VA's 
CARES process (on March 2, 2004); one day of hearings on S. 
1509, the proposed ``Eric and Brian Simon Act of 2003'' (on 
March 9, 2004); two days of hearings in 2004 on nominations to 
various positions within VA and to judgeships on the U.S. Court 
of Appeals for Veterans' Claims (on April 1 and September 29); 
one day of hearings on pending legislation (on June 22, 2004); 
and six days of hearings in 2004 on the legislative 
recommendations of the VSOs (on February 24, March 4, March 10, 
March 18, March 25, and September 21). In addition, the 
Committee held three field hearings in 2004 (on March 16, March 
26, and April 12) on VA's CARES process; and one field hearing 
on the state of health care services provided by the VA Medical 
Center in Bay Pines, Florida (on March 22, 2004).
    During the Second Session of the 108th Congress, the 
Committee held three business meetings, to consider nominations 
(on May 20, 2003, and October 6, 2004), and to mark up pending 
legislation (on July 20, 2004).

                            II. Legislation


                            A. FIRST SESSION

    During the First Session of the 108th Congress, the 
Committee met in open session one time (on September 30, 2003), 
to consider legislation, and it reported to the Senate five 
bills which, in turn, incorporated provisions derived from 23 
separate bills. Those bills were the following:
    1. S. 1131 (Report No. 108-163), a bill to increase, 
effective December 1, 2003, the rates of compensation for 
veterans with service-connected disabilities and other ``cash 
transfer'' benefits by the same percentage as Social Security 
benefits increase using a Department of Labor-calculated 
estimate of the consumer price index increase during the period 
October 2002-September 2003.
    2. Committee Print of S. 1132 (Report No. 108-169), a bill 
to amend Title 38, United States Code, to improve and enhance 
certain benefits for survivors of veterans, and for other 
purposes, as amended, to incorporate the following provisions:

Title I--Survivors' Benefits

    A. Benefits for the spina bifida children of veterans who 
served in the demilitarized zone in South Korea (Section 101, 
derived from S. 1132);
    B. Allowance for the naming of alternate beneficiaries for 
life insurance proceeds (Section 102, derived from S. 1133);
    C. Extension of eligibility period for the survivors of 
National Guard members for educational assistance benefits 
(Section 103, derived from S. 1133);
    D. Increase in survivors' educational assistance benefits 
(Section 104, derived from S. 1132); and
    E. Repeal of a two-year limit on the awarding of accrued 
benefits retroactively (Section 105, derived from S. 1188).

Title II--Burial Benefits

    A. Allowance of State cemeteries' receipt of a veteran's 
burial plot allowance (Section 201, derived from S. 1133);
    B. Remarried spouse eligibility for national cemetery 
burial benefits (Section 202, derived from S. 1133);
    C. Permanent authority for VA to make State Cemetery grants 
(Section 203, derived from S. 1133); and
    D. Allowance of VA-supplied markers for veterans' graves in 
non-VA cemeteries (Section 204, derived from S. 1133).

Title III--Other Benefits

    A. Extension of ``round down'' of compensation cost-of-
living (``COLA'') increases (Section 301, original provision);
    B. Elimination of minimum internment threshold for 
eligibility for certain presumptions of service connection 
extended to former prisoners of war (``POWs''); and addition of 
cirrhosis of the liver to the statutory listing of diseases 
presumed to be service-connected when contracted by former POWs 
(Section 302, derived from S. 517 and S. 1281);
    C. Repeal of minimum internment threshold for POW 
eligibility for dental treatment benefits for former POWs 
(Section 303, derived from S. 517 and S. 1239);
    D. ``Round down'' of COLA increases in education benefits 
(Section 304, original provision);
    E. Termination of VA's education loan program (Section 305, 
derived from S. 1133);
    F. Termination of VA's manufactured housing loan program 
(Section 306, original provision);
    G. Increase in ``subsequent use'' home loan fees (Section 
307, original provision);
    H. Reinstatement of VA's ``vendee loan program'' (by which 
VA finances the purchase of properties in VA's possession as a 
consequence of foreclosure on loans guaranteed by VA) (Section 
308, original provision);
    I. Removal of the cap on the size of home loans made under 
VA's Native American Home Loan program (Section 309, original 
provision);
    J. Imposition of a time limitation for filing VA-requested 
claims information (Section 310, derived from S. 1133);
    K. Prohibition on agreements assigning certain veterans' 
benefits (Section 311, derived from S. 257);
    L. Extension of VA authority to access tax return records 
to verify eligibility for VA ``means-tested'' benefits (Section 
312, original provision);
    M. Requirement that veterans' benefits be forfeited upon 
the conviction of certain offenses relating to subversive 
activities (Section 313, derived from S. 1133);
    N. Clarification of requirements for filing a valid 
``Notice of Disagreement'' to appeal a VA decision on 
eligibility for benefits (Section 314, derived from S. 1360);
    O. Increase in certain benefits to Filipino veterans 
residing in the U.S. (Sections 321-322, derived from S. 1213);
    P. Extension of authority for VA to operate a regional 
office in Manila, the Philippines (Section 323, derived from S. 
1213);
    Q. Provisions relating to Congressional oversight of the 
radiation dose reconstruction program of the Department of 
Defense (``DOD'') (Section 331, derived from S. 1281);
    R. Requirement that a study be conducted on disposition of 
data derived on the health status of certain Vietnam veterans 
exposed to dioxin (Section 332, derived from S. 1281);
    S. Authorization of funding for the Institute of Medicine's 
Medical Follow-up Agency (``MFUA'') (Section 333, derived 
fromS. 1281);
    T. Extension of the VA Advisory Committee on Minority 
Veterans (Section 341, original provision);
    U. Extension of the VA Advisory Committee on Education 
(Section 342, derived from S. 1133);
    V. Authorization for VA regional offices to contract for 
medical examinations performed by non-VA physicians (Section 
343, derived from S. 1156); and
    W. Technical Amendment relating to references to Department 
of Homeland Defense (Section 344, original provision).
    3. Committee Print of S. 1136 (Report No. 108-197), a bill 
to restate, clarify and revise the Soldiers and Sailors Civil 
Relief Act of 1940, as amended (``the Act''), as follows:

Title I--General Provisions

    A. Definition of terms and administrative provisions 
(sections 101, 102, 109);
    B. Protection of persons (e.g., sureties, guarantors, 
endorsers, or comakers) who might be secondarily liable for a 
service member's obligations by, among other things, extending 
to them the protections of the Act (section 103);
    C. Extension of protections of the Act to U.S. citizens in 
service in the armed forces of allies of the United States 
(section 104);
    D. Requirement that the armed services provide written 
notice to their members, and to persons entering service, of 
their rights under the Act (section 105);
    E. Extension of protections under the Act to members of 
reserve components ordered to service, and to individuals who 
have been drafted into service (section 106);
    F. Authorization for service members to waive rights under 
the Act so long as the waiver is in writing (section 107);
    G. Provision specifying that requests for protection under 
the Act will not be the basis for adverse credit reports or 
denials of credit or insurance (section 108); and
    H. Definition of who might be a service member's legal 
representative for purposes of enforcing rights under the Act 
(section 109).

Title II--General Relief

    A. Requirement that the courts, in actions in which the 
defendant is in service and does not make an appearance, grant 
stays of proceedings, judgments, attachments, etc. (sections 
201, 202, 204, 205, 206), and that there be no penalties for 
failure to carry out the terms of a contract during the period 
of a stay (section 203); and
    B. Imposition of a limitation of 6 percent on annual 
interest rates charged on obligations incurred by a service 
member, or jointly by a service member and his or her spouse, 
before the service member's entry into service (section 207).

Title III--Rent, Installment Contracts, Mortgages, Liens, Assignment, 
        Leases

    A. Protections afforded to service members, and their 
dependents, from eviction (sections 301, 305);
    B. Protections against actions for a service member's 
breach of contract for the purchase or lease of real or 
personal property (section 302);
    C. Protections against foreclosure on a mortgage (or deed 
of trust) when the service member's ability to comply with the 
obligation has been materially affected by service (sections 
303, 304);
    D. Prohibition of enforcement of storage liens against 
service members (section 307); and
    E. Extension of statutory protections to service members' 
dependents (section 308).

Title IV--Life Insurance

    A. Requirement that service members' life insurance 
policies purchased before service remain in force during 
service (sections 306, 401-409).

Title V--Taxes and Public Lands

    A. Specification of rights of service members relating to 
actions to enforce tax liabilities (sections 501, 510-511); and
    B. Specification of rights of service members relating to 
public lands (sections 502-509).

Title VI--Administrative Remedies

    A. Provisions relating to administrative remedies (sections 
601-603).

Title VII--Further Relief

    A. Allowance of actions for anticipatory relief (section 
701);
    B. Provisions relating to service members' powers of 
attorney (section 702);
    C. Provisions relating to the suspension and reinstatement 
of a service member's professional liability and health 
insurance policies (sections 703-704);
    D. Guarantees of residency for military personnel for 
purposes of voting (section 705);
    E. Protection of service members' personal assets from 
attachment to satisfy business-related obligations or 
liabilities (section 706); and
    F. Reenrollment rights at institutions of higher 
education(section 707).
    4. Committee Print of S. 1156 (Report No. 108-193), a bill 
to amend Title 38, United States Code, to improve and enhance 
the provision of long-term health care for veterans by the 
Department of Veterans Affairs, to enhance and improve 
authorities relating to personnel administration by the 
Department of Veterans Affairs, and for other purposes, as 
amended, to incorporate the following provisions:

Title I--Extension and Modification of Certain Health Care Authorities

    A. Extension of authorities relating to the provision of 
long-term care services by VA (Section 101, derived from S. 
1156);
    B. Provisions relating to VA agreements for the provision 
of long-term care services by contractors (Section 102, derived 
from S. 1156);
    C. Expansion of an assisted living service pilot program 
administered by VA (Section 103, derived from S. 1572); and
    D. Improvements to VA's specialized mental health treatment 
programs (Section 104, derived from S. 548).

Title II--Construction and Facilities Matters

    A. Increase in the dollar amount threshold designating when 
a proposed medical facility construction project will be deemed 
to be a ``major'' project (and which will be barred absent a 
specific statutory authorization) (Section 201, original 
provision);
    B. Provisions relating to the demolition of obsolete, 
dilapidated and hazardous VA structures (Section 202, original 
provision);
    C. Authorization of major medical facility projects 
(Section 211, derived from S. 1156);
    D. Authorization of major medical facility leases (Section 
212, original provision);
    E. Authorization of appropriations for major medical 
facility projects and leases (Section 213, derived from S. 
1156);
    F. Naming of a VA clinic in Horsham, PA (Section 221, 
derived from S. 615);
    G. Naming of a VA medical center in Chicago, IL (Section 
222, derived from S. 1144);
    H. Naming of a VA medical center in Houston, TX (Section 
223, derived from S. 1341); and
    I. Naming of a VA medical center in Minneapolis, MN 
(Section 224, derived from S. 1289).

Title III--Personnel Matters

    A. Addition of kinesiologists and social workers to the 
statutory listing of healthcare professionals eligible for VA 
employment under title 38, United States Code (Section 301, 
derived from S. 1156);
    B. Authority for employees of VA's Veterans Canteen Service 
to compete for VA employment on same basis as VA employees 
(Section 302, derived from S. 1156);
    C. Provisions relating to retirement annuities for certain 
part-time VA health care professionals (Section 303, derived 
from S. 1156); and
    D. Provisions relating to the terms of appointments in the 
Office of the Under Secretary for Health (Section 304, original 
provision).

Title IV--Other Matters

    A. Requirement of advance notification to the Congress of 
certain CARES initiatives (Section 401, derived from S. 1283);
    B. Authorization of CARES major construction projects 
(Section 402, original provision); and
    C. Provision extending eligibility for VA health care 
services to certain Filipinos residing in the U.S. (Section 
411, derived from S. 1213).
    5. Committee Print of H.R. 1516 (Report No. 108-164), a 
bill to mandate the establishment of new VA cemeteries at or 
near the following locations:
    A. Philadelphia, Pennsylvania;
    B. Birmingham, Alabama;
    C. Jacksonville, Florida;
    D. Bakersfield, California;
    E. Greenville/Columbia, South Carolina; and
    F. Sarasota, Florida.
    The subject matter of each of the above-listed reported 
bills became, or was incorporated into, the below-listed public 
laws adopted during the First Session of the 108th Congress.
    1. ``The Veterans'' Compensation Cost-of-Living Adjustment 
Act of 2003'' (Public Law 108-147, December 3, 2003). A House-
passed bill, H.R. 1683, which was substantially identical to S. 
1131, summarized above, was received in the Senate and referred 
to the Committee on May 22, 2003. On November 21, 2003, that 
bill was discharged from the Committee and was approved by the 
unanimous consent of the Senate without amendment, thereby 
clearing the measure for the President. The President signed 
the measure on December 3, 2003.
    ``The Veterans'' Compensation Cost-of-Living Adjustment Act 
of 2003'' provides for a cost-of-living increase, computed by 
reference to a Department of Labor-calculated estimate of the 
consumer price indexincrease during October 2002-September 
2003, in the following VA ``cash transfer'' benefits, effective 
December 1, 2003:
    A. Compensation for veterans with service-connected 
disabilities (38 U.S.C. Sec. 1114);
    B. Additional compensation for veterans with at least a 30 
percent rating of disability (38 U.S.C. Sec. 1115(1));
    C. Clothing allowance for veterans with a skin condition or 
who use a prosthetic or orthopedic device due to a service-
connected disability (38 U.S.C. Sec. 1162); and
    4. Dependency and indemnity compensation paid to the 
surviving spouse and children of veterans who die in service or 
who die from a service-connected disabilities (38 U.S.C. 
Sec. Sec. 1311, 1313 and 1314).
    2. ``The Veterans Benefits Act of 2003'' (Public Law 108-
183, December 16, 2003). A House-passed bill, H.R. 2297, which 
was related in policy content to S. 1132, summarized above, was 
received by the Senate and referred to the Committee on October 
14, 2003. On November 19, 2003, H.R. 2297 was discharged from 
the Committee and was approved by the Senate by unanimous 
consent as amended to incorporate a substitute (summarized 
below) which contained original provisions and provisions 
derived from H.R. 2297, S. 1132 as reported by the Committee, 
and from other bills. On November 20, 2003, the House agreed to 
the Senate amendments to H.R. 2297, thereby clearing the 
measure for the President. The President signed the measure on 
December 5, 2003.
    ``The Veterans Benefits Act of 2003'' specifies as follows:

Title I--Survivor Benefits

    A. That surviving spouses who have remarried after 
attaining age 57 would retain dependency and indemnity 
compensation (``DIC''), home loan, and educational assistance 
benefits eligibility;
    B. That children with spina bifida whose parent, prior to 
the child being conceived, served in or near the demilitarized 
zone in Korea during the period January 1, 1967-December 31, 
1969, would qualify for compensation, educational assistance, 
and other benefits in the same manner as children whose parent 
served in the Republic of Vietnam; and
    C. That beneficiaries other than those named by the veteran 
in life insurance policies under VA's National Service Life 
Insurance (``NSLI'') and United States Government Life 
Insurance (``USGLI'') programs would be paid policy benefits if 
no claim is made by the named beneficiary.

Title II--Benefits for Former Prisoners of War and for Filipino 
        Veterans

    A. That a requirement be repealed that former prisoners of 
war must have been held for a period of at least 30 days before 
VA could find that psychosis, anxiety states, dysthymic 
disorders, organic residuals of frostbite and post-traumatic 
arthritis are presumptively service-connected;
    B. That it be presumed that a former POW's cirrhosis of the 
liver is a service-connected disability in cases where the 
former POW was interned for at least 30 days;
    C. That the full amount of compensation and DIC be paid to 
eligible members of the new Philippine Scouts, and the full 
amount of DIC be paid to eligible members of the organized 
military forces of the Commonwealth of the Philippines, 
including organized guerilla units, if the individual to whom 
the benefit is payable resides in the United States and is 
either a citizen of the U.S. or is an alien lawfully admitted 
for permanent residence;
    D. That new Philippine Scouts who lawfully reside in the 
United States be extended VA burial benefits and eligibility 
for burial in national cemeteries; and
    E. That VA authority to operate a Regional Office in the 
Republic of the Philippines be extended.

Title III--Education Benefits, Employment Provisions, and Related 
        Matters

    A. That eligibility for VA educational assistance benefits 
be extended to beneficiaries participating in certain self-
employment training programs;
    B. That benefits under VA's Survivors' and Dependents' 
Educational Assistance (``DEA'') benefits program be increased 
by 13.4 percent;
    C. That eligibility for VA DEA benefits be extended to the 
survivors of National Guard members who were involuntarily 
ordered to full-time duty under title 32, United States Code, 
after September 11, 2001;
    D. That, through September 30, 2013, annual cost-of-living 
adjustments to veterans', and to survivors' and dependents', 
educational assistance benefits programs be ``rounded down'' to 
the nearest dollar amount;
    E. That State approving agencies, for purposes of approving 
educational programs the participation in which will give rise 
to VA veterans', and survivors' and dependents', educational 
assistance program benefits, be authorized to approve non-
degree, non-credit entrepreneurship courses offered by the 
Small Business Development Center (``SBDC'') or the National 
Veterans Business Development Corporation;
    F. That an education loan program established under 
Subchapter III of chapter 36 of title 38, United States Code, 
be repealed;
    G. That the authorization for VA to establish a Veterans' 
Advisory Committee on Education be extended through December 
31, 2009;
    H. That Federal agencies be authorized to award sole source 
contracts, limited in value to $5 million for manufacturing 
contracts and $3 million for non-manufacturing contracts, to 
small business concerns owned and controlled by service-
disabled veterans; and
    I. That the Department of Labor place staff in veterans' 
assistance offices at overseas military installations 90 days 
after enactment.

Title IV--Housing Benefits and Related Matters

    A. That grants for the adaptation or acquisition of 
suitable housing be paid to certain severely disabled service 
members;
    B. That specially-adapted housing and automobile grants for 
eligible disabled veterans be increased;
    C. That members of the Selected Reserve qualify for VA home 
loan benefits if they have served for a minimum of six years;
    D. That VA's ``vendee loan program,'' by which VA finances 
the purchase of real property acquired by VA as a consequence 
of lender foreclosures of VA-guaranteed home loans, be 
reinstated;
    E. That funding fees charged to participants in VA's home 
loan guarantee program be adjusted and generally be made 
uniform; and
    F. That existing procedures for a liquidation sale of a 
property acquired by VA as a consequence of a default on a VA-
guaranteed home loan be extended from September 30, 2001 
through September 30, 2012.

Title V--Burial Benefits

    A. That States be eligible to receive a $300 plot allowance 
for the interment in State cemeteries of a veteran who did not 
serve during a wartime period and for the interment of a 
veteran who died as a result of a service-connected disability 
and whose survivors sought reimbursement of funeral expenses 
under section 2307 of title 38, United States Code;
    B. That the surviving spouse of a veteran who is buried in 
a VA national cemetery be eligible for burial despite his or 
her remarriage after the veteran's death; and
    C. That appropriations be authorized, without year limit, 
for VA to make grants to States to assist them in establishing, 
expanding, or improving state veterans' cemeteries.

Title VI--Exposure to Hazardous Substances

    A. That VA and DOD review and report on the mission, 
procedures, and administration of the radiation dose 
reconstruction program administered by the DOD's Defense Threat 
Reduction Agency;
    B. That VA enter into an agreement with the National 
Academy of Sciences (``NAS'') under which NAS will report on 
the following: the scientific merit of retaining data generated 
by the Air Force Health Study (``AFHS'') to examine the effects 
of herbicide exposure and health, mortality, and reproductive 
outcomes of certain Vietnam veterans; obstacles to retaining 
the AFHS data; the advisability of providing independent 
oversight of the data; the advisability and prospective costs 
of extending the study and the identity of an entity which 
would be suited to continue the study; and the advisability of 
making laboratory specimens from the study available for 
independent research; and
    C. That joint VA-DOD funding of the Institute of Medicine's 
Medical Follow-Up Agency be extended for a period of 10 years.

Title VII--Other Matters

    A. That time limitations applicable to claimants who are 
required to submit additional information to complete an 
application for benefits be modified;
    B. That statutory language prohibiting the assignment of VA 
benefits be clarified;
    C. That the requirement that VA establish an Advisory 
Committee on Minority Veterans be extended through 2009;
    D. That authority for VA to carry out a program for the 
provision of disability examinations by non-VA contract 
physicians be extended through 2009;
    E. That the listing of serious Federal criminal convictions 
that will give rise to a bar to VA benefits, including burial 
in a national cemetery, be expanded to include offenses 
relating to terrorist activities;
    F. That the requirement that cost-of-living adjustments 
made to rates of compensation and dependency and indemnity 
compensation be ``rounded down'' to the nearest whole dollar 
amount be extended through 2013; and
    G. That provisions of section 302 of Public Law 103-446 
relating to the expeditious treatment by the Board of Veterans' 
Appeals and by VA regional offices of claims remanded by the 
Board of Veterans' Appeals or the United States Court of 
Appeals for Veterans Claims be codified.
    3. ``The Veterans Health Care, Capital Asset, and Business 
Improvement Act of 2003'' (Public Law 108-170, December 6, 
2003). On November 19, 2003, the Senate took up S. 1156, as 
reported by the Committee, and approved by unanimous consent an 
amendment in the nature of a substitute which incorporated 
original provisions and provisions derived from S. 1156, as 
reported; S. 1815,introduced in the Senate on November 4, 2003; 
H.R. 2357, as amended, passed by the House on July 21, 2003; H.R. 2433, 
as amended, passed by the House on September 10, 2003; H.R. 1720, as 
amended, passed by the House on October 29, 2003; H.R. 3260, introduced 
in the House on October 8, 2003; and H.R. 3387, introduced in the House 
on October 29, 2003. Subsequent to also approving an amendment to the 
bill's title, the Senate approved the bill, as so amended, by unanimous 
consent on November 19, 2003, and referred the measure to the House. On 
November 21, 2003, S. 1156, as approved by the Senate, was agreed to by 
the House of Representatives, thereby clearing the measure for the 
President. The President signed the bill on December 6, 2003.
    ``The Veterans Health Care, Capital Asset, and Business 
Improvement Act of 2003'' specifies as follows:

Title I--Health Care Authorities and Related Matters

    A. That VA provide outpatient dental care to former POWs 
irrespective of the number of days they were held captive;
    B. That VA exempt former POWs from the requirement to make 
copayments for outpatient prescription medications;
    C. That VA afford higher priority, for purposes determining 
priority access to health care services, to veterans who 
participated in certain chemical or biological warfare testing;
    D. That VA provide health care services to World War II 
members of the organized military forces of the Commonwealth of 
the Philippines and the new Philippine Scouts who are resident 
in the United States on the same basis that such services are 
provided to veterans;
    E. That VA be authorized to provide therapeutic employment 
support services to patients in need of rehabilitation for 
mental health and substance use disorders;
    F. That VA authority to enter into contracts for the 
provision of long-term care services be expanded to facilitate 
contracts with small, community-based nursing homes and non-
institutional extended care providers certified by the Centers 
for Medicare and Medicaid Services;
    G. That VA authority to provide noninstitutional extended 
care services to enrolled veterans be extended through December 
31, 2008;
    H. That a VA pilot program on the provision of assisted 
living services be expanded to include an additional site; and
    I. That funding authorized for the provision of certain 
specialized mental health services by VA be increased from 
$15,000,000 to $25,000,000 per year.

Title II--Construction and Facilities Matters

    A. That the threshold for defining a ``major'' medical 
facility project be increased from $4,000,000 to $7,000,000;
    B. That VA authority to enter into enhanced use lease 
projects, heretofore limited to VA's Veterans Health 
Administration, be extended to VA's Veterans Benefits 
Administration and VA's National Cemetery Administration;
    C. That a mandated report by VA with respect to its long-
range health planning be simplified;
    D. That major VA medical facility construction projects be 
authorized for Lebanon, PA; Beckley, WV; Chicago, IL; San 
Diego, CA; West Haven, CT; and Pensacola, FL;
    E. That major VA medical facility leases be authorized for 
Charlotte, NC, and Boston, MA;
    F. That funding be authorized for advance planning for 
major VA medical facility construction projects in Columbus, 
OH; Las Vegas, NV; Pittsburgh, PA; Denver (Aurora), CO; and 
East Central Florida;
    G. That VA be authorized to carry out major medical 
facility construction projects as might be specified by VA in 
the future pursuant to its Capital Asset Realignment for 
Enhanced Services process, subject to a 60-day advance 
notification to Congress;
    H. That VA report on plans for meeting the future hospital 
care needs of veterans who reside in certain counties of 
southern New Jersey, far southern Texas, the Florida Panhandle, 
and north central Washington;
    I. That VA conduct a feasibility study on the provision of 
inpatient, outpatient, and long-term care services to veterans, 
military personnel, and other beneficiaries who reside in 
Charleston, SC; and
    J. That VA facilities in Prescott, AZ; Chicago, IL; 
Houston, TX; Salt Lake City, UT; New London, CT; and Horsham, 
PA, be named after the persons specified.

Title III--Personnel Matters

    A. That VA be authorized to employ psychologists, 
kinesiologists, social workers and chiropractors under the 
provisions of title 38, United States Code;
    B. That VA be authorized to pay premium pay for Saturday 
tours of duty of certain health care professionals; and
    C. That hourly workers of VA's Veterans Canteen Service be 
qualified for competitive VA employment appointments as if they 
were VA employees.

Title IV--Other Matters

    A. That there be established in VA an Office of Research 
Oversight to monitor, review and investigate matters of medical 
research compliance in VA, including matters relatingto the 
protection of human subjects, research animals, and VA employees 
participating in VA medical research programs;
    B. That employees of nonprofit research corporations 
affiliated with VA be afforded the protections of the Federal 
Tort Claims Act;
    C. That DOD be authorized to purchase on a reimbursable 
basis medical equipment, services and supplies through VA's 
revolving supply fund;
    D. That VA authority to enter into certain agreements for 
the provision of housing assistance to homeless veterans be 
extended through December 31, 2008; and
    E. That the dates for VA to furnish to Congress certain 
reports be modified as specified.
    4. ``The Servicemembers Civil Relief Act'' (Public Law 108-
189, December 19, 2003). On November 21, 2003, the Senate took 
up S. 1136 as reported by the Committee and approved by 
unanimous consent an amendment in the nature of a substitute 
which made technical amendments to, and excised sections 
207(a)(2) and 707 (pertaining to matters relating to the Higher 
Education Act of 1965) from, the reported bill. Thereafter, the 
Senate discharged from the Committee H.R. 100, a bill relating 
to the same subject matter as S. 1136 which had been received 
by the Senate and referred to the Committee on May 8, 2003, 
amended that bill to substitute the text of S. 1136, as 
amended, and approved H.R. 100, as so amended, by unanimous 
consent. On December 8, 2003, the House agreed to the Senate's 
amendments to H.R. 100, thereby clearing the measure for the 
President. The President signed the bill on December 19, 2003.
    S. 1136, as reported by the Committee, is summarized above. 
The provisions of ``The Servicemembers Civil Relief Act'' 
(Public Law 108-189, December 19, 2003) are as summarized there 
except with respect to the excisions noted above.
    5. ``The National Cemetery Expansion Act of 2003'' (Public 
Law 108-109, November 11, 2003). On October 14, 2003, the 
Senate took up H.R. 1516 as reported by the Committee and, 
after approving a technical amendment, approved the bill by 
unanimous consent. On October 29, 2003, the House agreed to the 
Senate's amendments of H.R. 1516, thereby clearing the measure 
for the President. The President signed the bill on November 
11, 2003.
    H.R. 1516, as reported by the Committee, is summarized 
above. The provisions of ``The National Cemetery Expansion Act 
of 2003'' are as summarized there.
    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 National Defense Authorization Act for Fiscal Year 
2004'' (Public Law 108-136, November 24, 2003). Public Law 108-
136 was derived from H.R. 1588 as passed by the House on May 
22, 2003; as passed, with an amendment in the nature of a 
substitute by the Senate on June 4, 2003; as agreed to and 
ordered reported (H. Rept. No. 108-354) by a Committee on 
Conference on November 7, 2003; and as agreed to by the House 
on November 7, 2003, and by the Senate on November 12, 2003. 
With respect to programs within the Committee's jurisdiction, 
Public Law 108-136, which was signed by the President on 
November 24, 2003, specifies as follows:
    A. That authority for military retirees to gain 
``concurrent receipt'' of both retirement pay and VA 
compensation be phased in (section 604);
    B. That current Combat-Related Special Compensation 
benefits be revised (section 642);
    C. That the ``death gratuity'' paid to the survivors of 
certain deceased service members be increased (section 646); 
and
    D. That a study of death benefits provided to the survivors 
of deceased service members be conducted by DOD (section 647).
    2. ``Department of Defense Appropriations Act, 2004'' 
(Public Law 108-87, September 30, 2003). Public Law 108-87 was 
derived from H.R. 2658 as passed by the House on July 8, 2003; 
as passed, with an amendment in the nature of a substitute, as 
amended, by the Senate on July 17, 2003; as agreed to and 
ordered reported (H. Rept. No. 108-283) by a Committee on 
Conference on September 24, 2003; and as agreed to by the House 
on September 24, 2003, and by the Senate on September 25, 2003. 
With respect to programs within the Committee's jurisdiction, 
Public Law 108-87, which was signed by the President on 
September 30, 2003, specifies as follows:
    A. That funds be appropriated to the Center for Military 
Recruitment, Assessment and Veterans' Employment (section 
8106); and
    B. That provisions of law limiting the Native American 
Veteran Housing loan program be repealed (section 8135).
    3. H. Con. Res. 159, a resolution declaring Emporia, Kansas 
to be the founding city of Veterans Day. H. Con. Res. 159 was 
reported by the House Committee on Veterans Affairs on July 10, 
2003, approved by the House on September 30, 2003, and was 
approved by the Senate on October 31, 2003.
    4. S. Res. 120, marking the 25th Anniversary of the Vietnam 
Veterans of America. S. Res. 120 was approved by the Senate 
onNovember 25, 2003.

                           B. SECOND SESSION

    During the Second Session of the 108th Congress, the 
Committee met in open session one time (on July 20, 2004), to 
consider legislation, and it reported five bills to the Senate 
which, in turn, incorporated provisions derived from 13 
separate bills. Those bills were the following:
    1. S. 1483 (Report No. 108-351), a bill to increase, 
effective December 1, 2004, the rates of compensation for 
veterans with service-connected disabilities and other ``cash 
transfer'' benefits by the same percentage as Social Security 
benefits increase using a Department of Labor-calculated 
estimate of the consumer price index increase during the period 
October 2003--September 2004.
    2. S. 1153 (Report No. 108-419), the ``Veterans 
Prescription Drugs Assistance Act'', a bill to authorize VA to 
provide medications prescribed by non-VA physicians to the 
following classes of veterans: Medicare-eligible veterans with 
service-connected disabilities who enroll in a separate VA 
prescription drug program and who agree to pay copayments 
covering the full cost of medications as established by VA; and 
Medicare-eligible veterans without service-connected 
disabilities who enroll in a separate VA prescription drug 
program and who agree to pay copayments covering the full cost 
of medications as established by VA, and who agree, further, to 
forego VA medical care for the enrollment year.
    3. S. 2484 (Report No. 108-357), as amended, the 
``Department of Veterans Affairs Health Care Personnel 
Enhancement Act of 2003,'' a bill to simplify and improve pay 
provisions for VA physicians and dentists, and to authorize 
alternate work schedules and executive pay for nurses as 
follows:
    A. Provisions creating a 15-step VA pay schedule for 
physicians and dentists; authorizing VA to set national ``pay 
bands'' for clinical specialties and subspecialties; requiring 
VA to consult at least two national pay surveys before setting 
national pay bands; forbidding, as a general matter, ``negative 
pay adjustments''; and providing minimal increases in salaries 
annually for each physician and dentist who performs 
satisfactorily;
    B. Authorization of alternate work schedules for registered 
nurses;
    C. Authorization of a special rate of pay for the Director 
of Nursing Service in VA's Central Office; and
    D. Authorization of special pay for VA hospital-based nurse 
executives.
    4. S. 2485 (Report No. 108-358), the ``Department of 
Veterans Affairs Real Property and Facilities Management 
Improvement Act of 2004,'' as amended, to incorporate the 
following provisions:

Title I--Real Property and Facilities Matters

    A. Authorization to VA to dispose of excess real property 
by sale, transfer or exchange, and allowance for VA to retain 
the proceeds from such transfers in a Capital Asset Fund to be 
used for non-recurring capital projects, maintenance, clean-up, 
or improvements of properties identified for disposal (section 
101, derived from S. 2485);
    B. Repeal of the requirement that VA comply with certain 
statutory strictures of the McKinney-Vento Homeless Assistance 
Act, 42 U.S.C. Sec. 11411, when it disposes of excess real 
property, and allowance for VA to enter into real property 
enhanced-use leases for the benefit of the Veterans Benefits 
Administration and the National Cemetery Administration 
(section 102, derived from S. 2485);
    C. Authorization for VA to use major construction project 
funds to construct or relocate surface parking lots if the 
parking construction or relocation is incidental to an 
underlying major construction project for which the funds have 
been appropriated (section 103, derived from S. 2485);
    D. Termination of the Nursing Home Revolving Fund (section 
104, derived from S. 2485);
    E. Authorization for VA to use advance-planning funds on 
any construction project without notifying Congress if project 
has already been authorized by law (section 105, derived from 
S. 2485);
    F. Authorization for VA to lease certain undeveloped or 
underutilized land of the National Cemetery Administration 
(section 106, derived from S. 2485);
    G. Transfer to VA of certain real property in Boise, ID 
(section 111, original provision);
    H. Designation of the VA Medical Center in Bronx, NY 
(section 121, derived from S. 2133);
    I. Designation of a Prisoner of War/Missing in Action 
National Memorial at the Riverside National Cemetery in 
Riverside, California (section 122, derived from S. 1745); and
    J. Grant to the Commonwealth of Kentucky the first option 
on the VA Medical Center in Louisville, Kentucky, upon its 
proposed disposal by VA (section 131, derived from S. 2296).

Title II--Benefits Matters

    1. Prohibition of collection of copayments for certainVA-
provided hospice care (section 201, derived from section 311 of S. 
2486);
    B. Expansion of VA authority to provide counseling and 
treatment for veterans suffering from sexual trauma (section 
202, derived from section 321 of S. 2486);
    C. Clarification of provisions relating to VA per diem 
payments to States for care of veterans in State Veterans' 
Homes (section 203, derived from S. 2327);
    D. Authorization of care for newborn children of women 
veterans receiving maternity care in a VA facility or in a 
private facility under a VA contract (section 204, derived from 
S. 2417);
    E. Establishment of centers for research, education, and 
clinical activities that specialize in blast injuries sustained 
by active duty service personnel (section 205, derived from S. 
2524);
    F. Extension of statutory requirement that VA's special 
medical advisory group issue certain reports (section 206, 
derived from section 321 of S. 2486), and extension of VA pilot 
programs that relating to long-term care (section 206, original 
provision); and
    G. Requirement that VA report annually on waiting times for 
appointments for care and services (section 207, original 
provision).
    5. S. 2486 (Report No. 108-352), the ``Veterans Benefits 
Improvements Act of 2004,'' as amended, to incorporate the 
following provisions:

Title I--Housing Matters

    A. An increase in the maximum amount of the VA home loan 
guaranty, and an annual indexing of the maximum amount (Section 
101, derived from section 6 of S. 2534);
    B. Extension of VA authority to guarantee of adjustable 
rate mortgages (Section 102, derived from section 202 of S. 
2486);
    C. Extension and improvement of VA authority to guarantee 
``hybrid'' adjustable rate mortgages (Section 103, derived from 
section 203 of S. 2486); and
    D. Authorization for VA to waive collection of loan fees 
from veterans rated eligible for compensation based on pre-
discharge rating examinations (Section 104, derived from 
section 204 of S. 2486).

Title II--Education Matters

    A. Provisions relating to the collection of contributions 
for educational assistance under the Montgomery GI Bill from 
members of the Selected Reserve called to active duty (section 
201, derived from section 104 of S. 2486);
    B. Eligibility for educational assistance benefits for 
members of the Selected Reserve who aggregate two or more years 
of active duty service during any five-year period (section 
202, derived from S. 2099);
    C. Extension of the ``delimiting period'' during which 
survivors and dependents must claim educational assistance 
benefits (section 203, derived from section 4 of S. 2534); and
    D. Authorization for VA to pay education benefits to 
beneficiaries taking national admissions exams and national 
exams for credit at institutions of higher education (section 
204, derived from section 5 of S. 2534).

Title III--Other Matters

    A. Availability of administrative and judicial redress to 
certain veterans denied the opportunity to compete for Federal 
employment (section 301, derived from section 301 of S. 2486);
    B. Extension of biennial report of Advisory Committee on 
Former Prisoners of War (section 302, derived from section 321 
of S. 2486); and
    C. Modification of definition of ``minority group member'' 
for purposes of Advisory Committee on Minority Veterans 
(section 303, derived from section 331 of S. 2486).
    No further action was taken on S. 1153 during the 108th 
Congress. Subject matter contained in the remaining four 
reported bills listed above became, or was incorporated into, 
the below-listed public laws that were adopted during the 
Second Session of the 108th Congress.
    1. ``The Veterans'' Compensation Cost-of-Living Adjustment 
Act of 2004'' (Public Law 108-363, October 25, 2004). A House-
passed bill, H.R. 4175, which was substantially identical to S. 
1483, was received by the Senate and referred to the Committee 
on September 7, 2004. On October 5, 2004, that bill was 
discharged from the Committee with the unanimous consent of the 
Senate and, subsequently, was amended by unanimous consent to 
substitute the text of S. 2483 as reported. The bill, as so 
amended, was then approved by the Senate by unanimous consent. 
On October 8, 2004, the House agreed to the Senate amendments 
to H.R. 4175, thereby clearing the measure for the President. 
The President signed the measure on October 25, 2004.
    ``The Veterans' Compensation Cost-of-Living Adjustment Act 
of 2004'' provides for a cost-of-living increase, computed by 
reference to a Department of Labor-calculated estimate of the 
consumer price index increase during the period October 2003--
September 2004, in the following VA ``cash transfer'' benefits, 
effective December 1, 2004:
    A. Compensation for veterans with service-connected 
disabilities (38 U.S.C. Sec. 1114);
    B. Additional compensation for veterans with at least a 30 
percent rating of disability (38 U.S.C. Sec. 1115(1));
    C. Clothing allowance for veterans with a skin condition or 
who use a prosthetic or orthopedic device due to a service-
connected disability (38 U.S.C. Sec. 1162); and
    D. Dependency and indemnity compensation to be paid to the 
surviving spouse and children of veterans who die in service or 
who die from a service-connected disability (38 U.S.C. 
Sec. 1311, 1313 and 1314).
    2. ``The Veterans Health Programs Improvement Act of 2004'' 
(Public Law 108-422, November 30, 2004). On October 9, 2004, S. 
2485, as reported, was laid before the Senate and was approved, 
by unanimous consent, as amended to incorporate a substitute 
which contained original provisions and provisions derived from 
S. 2485, as reported, and from the following House-approved 
bills: H.R. 1318, H.R. 4231, H.R. 4248, H.R. 4317, H.R. 4608, 
H.R. 4768, and H.R. 4836. Immediately thereafter, a House-
passed bill, H.R. 3936, which had been received by the Senate 
on July 21, 2004, and had been referred to the Committee on 
September 7, 2004, was discharged from the Committee, amended 
to substitute the text of S. 2485, as amended, and approved by 
the Senate by unanimous consent. On November 17, 2004, the 
House agreed to the Senate amendments to H.R. 3936, thereby 
clearing the measure for the President. The President signed 
the measure on November 30, 2004.
    ``The Veterans Health Programs Improvement Act of 2004'' 
specifies as follows:

Title I--Assistance to Homeless Veterans

    A. That authorized appropriations under the Homeless 
Veterans Comprehensive Assistance Act of 2001 be increased from 
$75 million to $99 million per year.

Title II--Veterans Long-Term Care Programs

    A. That VA be authorized to make payments to State 
veterans' homes to assist them in hiring and retaining 
registered nurses;
    B. That per diem payments made by VA to State veterans' 
homes not be used to offset or reduce other third party 
payments made to assist veterans;
    C. That a pilot program to determine the feasibility and 
practicability of different models for providing long-term care 
be extended until December 31, 2005; and
    D. That veterans being furnished hospice care be exempted 
from copayments otherwise applicable for extended care 
services.

Title III--Medical Care

    A. That a VA program to provide counseling services to 
service members who were victims of sexual trauma be made 
permanent, and that eligibility for such services be extended 
to former Reserves and Guard members;
    B. That centers for research, education, and clinical 
activities to improve rehabilitation services for complex 
multi-traumas associated with combat injuries be authorized; 
and
    C. That VA take a series of specific actions to establish 
four Medical Emergency Preparedness Research Centers.

Title IV--Medical Facilities Management and Administration

    A. That VA be authorized to enter into 17 specified major 
medical facility leases;
    B. That VA be authorized to transfer by sale, exchange, or 
lease unneeded real property under specified procedures and 
subject to specified limitations;
    C. That VA establish and report on a national inventory of 
historic VA properties;
    D. That VA be authorized to acquire certain land in the 
District of Columbia for the provision of services to homeless 
veterans;
    E. That VA be prohibited from implementing medical facility 
mission changes at specified sites without first notifying 
Congress;
    F. That VA be authorized to use funds in a construction or 
capital account for the relocation of a surface parking 
facility if the relocation is necessitated by a construction or 
non-recurring maintenance project;
    G. That VA be exempted from certain ``notice and wait'' 
requirements in expending Advanced Planning Funds in cases 
where the project in question has already been authorized by 
law;
    H. That VA be exempted from State and local land use laws 
when it considers leasing real property under its ``enhanced-
use'' leasing authority;
    I. That the Commonwealth of Kentucky be afforded first 
option to acquire VA lands in Louisville in the event that VA 
elects to dispose of them; and
    J. That certain VA medical facilities be designated as 
specified.

Title V--Personnel Administration

    A. That VA establish a pilot program to study the use of 
outside recruitment, advertising, and communications agencies 
for recruiting nurses;
    B. That VA be authorized to appoint blind rehabilitation 
specialists and blind rehabilitation outpatient 
specialistsunder title 38, United States Code; and
    C. That the requirement that VA's Under Secretary for 
Health be a medical doctor be repealed.

Title VI--Other Matters

    A. That VA be required to enter into contracts with private 
entities to conduct recovery audits of fee basis contracts and 
other medical services contracts;
    B. That VA maintain an inventory of its medical waste 
management activities;
    C. That all individuals enrolled for VA health care be 
eligible to use the Veterans' Canteen Service; and
    D. That VA report annually on patient appointment waiting 
times for specialty and primary care services.
    3. ``The Department of Veterans Affairs Health Care 
Personnel Enhancement Act of 2004'' (Public Law 108-445, 
December 3, 2004). On October 5, 2004, S. 2484, as reported, 
was laid before the Senate and was approved, by unanimous 
consent, as amended to incorporate a substitute which contained 
technical, conforming and substantive amendments. On November 
11, 2004, the House approved S. 2484, thereby clearing the 
measure for the President. The President signed the measure on 
December 3, 2004.
    S. 2484, as reported by the Committee, is summarized above. 
The provisions of The ``Department of Veterans Affairs Health 
Care Personnel Enhancement Act of 2004'' are as summarized 
there with one exception: the authorization of a special rate 
of pay to be paid to the Director of Nursing Service in VA's 
Central Office was excised from the bill as enacted.
    4. ``The Veterans'' Benefits Improvement Act of 2004'' 
(Public Law 108-454, December 10, 2004). On October 8, 2004, S. 
2486, as reported, was laid before the Senate and was approved 
by unanimous consent as amended to incorporate a substitute 
which contained original provisions and provisions derived from 
S. 2486, as reported, from S. 2485, as amended, from S. 1132, 
and from the following House-approved bills: H.R. 1716, H.R. 
3936, H.R. 4175, H.R. 4345, and H.R. 4658. On November 17, 
2004, the House agreed to S. 2486, thereby clearing the measure 
for the President. The President signed the measure on December 
10, 2004.
    ``The Veterans'' Benefits Improvement Act of 2004'' 
specifies as follows:

Title I--Veterans Earn and Learn Act

    A. That VA educational assistance benefits be paid as 
specified to veterans participating in on-job training and 
apprenticeship programs;
    B. That the ``delimiting period'' within which eligible 
survivors might claim educational assistance benefits be 
extended;
    C. That beneficiaries be eligible for educational 
assistance benefits to reimburse the costs of national tests 
required for admission to institutions of higher learning or 
graduate schools and for national tests that qualify students 
for receipt of college credit;
    D. That VA, DOD and the Department of Labor coordinate the 
provision of information with respect to on-job training and 
apprenticeship programs;
    E. That VA be authorized to furnish structured on-job 
training to claims adjudicators; and
    F. That procedures be established to allow activated 
Selected Reserve members to ``buy into'' eligibility for 
veterans' educational assistance benefits.

Title II--Employment Matters

    A. That the period during which service members covered 
under the Uniformed Services Employment and Reemployment Rights 
Act of 1994 (``USERRA'') can elect to continue to receive 
employer-provided health benefits coverage be extended from 18 
months to 24 months;
    B. That a requirement formerly in effect that the 
Department of Labor provide annual reports to Congress on the 
disposition of cases filed under USERRA be reinstated;
    C. That employers be required to provide notice to 
employees of the rights, benefits and obligations under USERRA;
    D. That the Department of Labor and the Office of Special 
Counsel carry out a three-year demonstration project on 
enforcement of USERRA rights for Federal executive branch 
employees; and
    E. That VA contract for a report on employment placement, 
retention and advancement of recently-separated veterans.

Title III--Benefits Matters

    A. That DIC paid to surviving spouses be increased for a 
two-year period in cases where the surviving spouse has 
children under the age of 18;
    B. That the bar preventing a veteran or survivor from 
applying for VA benefits if the individual had previously 
received compensation under the Radiation Exposure Compensation 
Act, Public Law 101-426, be repealed;
    C. That life insurance proceeds be excluded from 
consideration of income for purposes of eligibility for death 
pension benefits;
    D. That veterans who are injured as a result of negligent 
VA medical treatment, rehabilitation or training be eligible 
for specially-adapted automobile and adaptive equipment grants;
    E. That death pension be paid effective the first day of 
themonth in which the death occurred so long as a claim for 
such benefits is submitted within one year from the date of the 
veteran's death;
    F. That the statutory listing of radiation-exposure 
diseases that are presumed to be service-connected be expanded 
to include bone cancer, brain cancer, colon cancer, lung 
cancer, and ovarian cancer; and
    G. That the statutory listing of radiation-risk activities 
that give rise to a presumption of radiation exposure be 
expanded.

Title IV--Housing Matters

    A. That eligibility for specially adapted housing grants be 
extended to veterans with permanent and total service-connected 
disabilities due to the loss, or loss of use, of both arms at 
or above both elbows;
    B. That multifamily transitional housing projects that are 
funded by VA-guaranteed loans be allowed to accept 
uncompensated voluntary services in connection with the 
construction, alteration, or repair of such project;
    C. That the maximum VA home loan guaranty be increased to 
25 percent of the Freddie Mac conforming loan amount for a 
single-family residence;
    D. That the maximum VA home loan guaranty amount be 
indexed;
    E. That a VA program to guarantee adjustable rate mortgage 
loans be reinstated;
    F. That a VA program to guarantee ``hybrid'' adjustable 
rate mortgage loans be modified and extended;
    G. That fees for mortgage loan guarantees be waived for 
service members who are rated eligible to receive disability 
compensation as a result of a pre-discharge medical 
examinations; and
    H. That a VA program for housing loans to Native Americans 
residing on tribal lands be extended.

Title V--Matters Relating to Fiduciaries

    A. That VA be required to investigate the qualifications of 
persons who would serve as veterans' fiduciaries; and
    B. That procedures for the reinstatement and recovery of 
benefits that are misused by a veteran's fiduciary be 
established.

Title VI--Memorial Affairs Matters

    A. That a Prisoner of War/Missing in Action National 
Memorial be established at the Riverside National Cemetery in 
Riverside, California;
    B. That VA be authorized to lease for agricultural or other 
purposes underutilized land or buildings administered by the 
National Cemetery Administration; and
    C. That VA be authorized to acquire additional lands for 
national cemeteries by exchanging existing national cemetery 
land.

Title VII--Improvements to Servicemembers Civil Relief Act

    A. That provisions of law relating to the Servicemembers 
Civil Relief Act be clarified;
    B. That waivers of Servicemembers Civil Relief Act 
protections be in writing; and
    C. That service members be allowed, under certain 
circumstances, to terminate residential or motor vehicle 
leases.

Title VIII--Other Matters

    A. That the principal office of the U.S. Court of Appeals 
for Veterans Claims may be located at any location in the 
Washington, DC, metropolitan area;
    B. That the requirement that the Advisory Committee on 
Former Prisoners of War submit an annual report to the VA 
Secretary be extended;
    C. That veterans be provided access to administrative and 
judicial redress for alleged violations of rights to secure 
Federal employment; and
    D. That VA be directed to report to Congress detailing its 
efforts to make veterans and service members aware of VA 
benefits and services to which they are entitled.
    Finally, two 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. ``The Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005'' (Public Law 108-375, October 28, 
2004). Public Law 108-375 was derived from H.R. 4200 as passed 
by the House on May 20, 2004; as passed with an amendment in 
the form of a substitute by the Senate on June 23, 2004; as 
agreed to and ordered reported (H. Rept. No. 108-767) by a 
Committee on Conference on October 8, 2004; and as agreed to by 
the House and the Senate on October 9, 2004. With respect to 
programs within the Committee's jurisdiction, Public Law 108-
375 specifies as follows:
    A. That improved educational assistance benefits be 
provided to Reserves who perform active service (section 527);
    B. That a report be prepared on the removal and 
repatriation of remains of persons interred in overseas U.S. 
cemeteries (section 596);
    C. That the Comptroller General report on uniformed service 
transition assistance programs (section 598);
    D. That a report be prepared on the coordination of job-
training standards with certification standards for military 
occupational specialties (section 599);
    E. That the transition to full ``concurrent receipt'' of 
retirement pay and VA compensation benefits be accelerated with 
respect to retirees with 100% service-connected disabilities 
(section 642);
    F. That DOD prepare a report on veterans' disability 
benefits (section 666);
    G. That a report be prepared relating to service members' 
exposures to certain environmental hazards (section 735); and
    H. That a report be prepared on the potential combining of 
VA and DOD health care facilities (section 2811).
    2. ``The Department of Defense Appropriations Act for 
Fiscal Year 2005'' (Public Law 108-287, August 5, 2004). Public 
Law 108-287 was derived from H.R. 4613 as passed by the House 
on June 22, 2004; as passed with an amendment in the nature of 
a substitute by the Senate on June 24, 2004; as agreed to and 
ordered reported (H. Rept. No. 108-622) by a Committee on 
Conference on July 20, 2004; and as agreed to by the House and 
the Senate on July 22, 2004. With respect to programs within 
the Committee's jurisdiction, Public Law 108-287 specifies as 
follows:
    A. That funds be appropriated for the construction of 
additional ``Fisher Houses'' (section 8093).
    B. That funds be appropriated for programs to facilitate 
veterans' access to construction industry employment (section 
8108).
    C. That Reserves called to active duty be notified of their 
expected mobilization period (section 8128).

                            III. Nominations


                            A. FIRST SESSION

    During the First Session of the 108th Congress, the 
Committee met in open session two times to consider seven 
nominations. It reported seven nominations to the Senate with a 
favorable recommendation. Three of those nominations were 
confirmed by the Senate during the First Session of the 108th 
Congress.
    The following table portrays the Committee's and the 
Senate's actions with regard to these nominations.

                                   DEPARTMENT OF VETERANS AFFAIRS NOMINATIONS
----------------------------------------------------------------------------------------------------------------
                                        Date of
        Name and position             nomination        Date of hearing      Date reported      Date confirmed
----------------------------------------------------------------------------------------------------------------
John W. Nicholson, Under          January 9, 2003...  March 4, 2003.....  April 10, 2003....  April 11, 2003.
 Secretary for Memorial Affairs.
Cynthia R. Church, Assistant      July 11, 2003.....  October 30, 2003..  November 21, 2003.  ..................
 Secretary for for Public and
 Intergovernmental Affairs.
Robert N. McFarland, Assistant    October 14, 2003..  October 30, 2003..  November 21, 2003.  ..................
 Secretary (Information
 Technology).
Gordon H. Mansfield, Deputy       November 3, 2003..  ..................  November 21, 2003.
 Secretary of Veterans Affairs.
----------------------------------------------------------------------------------------------------------------


                                    U.S. COURT OF APPEALS FOR VETERANS CLAIMS
----------------------------------------------------------------------------------------------------------------
                                        Date of
        Name and position             nomination        Date of hearing      Date reported      Date confirmed
----------------------------------------------------------------------------------------------------------------
Bruce E. Kasold, Judge..........  January 7, 2003...  March 4, 2003.....  April 10, 2003....  December 9, 2003.
Alan G. Lance, Judge............  January 7, 2003...  June 17, 2003.....  November 21, 2003.
Lawrence B. Hagel, Judge........  February 14, 2003.  June 17, 2003.....  November 21, 2003.  December 9, 2003.
----------------------------------------------------------------------------------------------------------------

                           B. SECOND SESSION

    During the Second Session of the 108th Congress, the 
Committee met in open session two times to consider five 
nominations. It reported five nominations to the Senate with 
favorable recommendations. In addition, four nominations that 
had been reported by the Committee with favorable 
recommendations during the First Session of the 108th Congress 
were confirmed by the Senate during the Second Session of the 
108th Congress.
    The following table portrays the Committee's and the 
Senate's actions with regard to these nominations.

                                   DEPARTMENT OF VETERANS AFFAIRS NOMINATIONS
----------------------------------------------------------------------------------------------------------------
                                        Date of
        Name and position             nomination        Date of hearing      Date reported      Date confirmed
----------------------------------------------------------------------------------------------------------------
Cynthia R. Church, Assistant      July 11, 2003.....  October 30, 2003..  November 21, 2003.  January 22, 2004.
 Secretary for Public and
 Intergovernmental Affairs.
Robert N. McFarland, Assistant    October 14, 2003..  October 30, 2003..  November 21, 2003.  January 22, 2004.
 Secretary (Information
 Technology).
Gordon H. Mansfield, Deputy       November 3, 2003..  ..................  November 21, 2003.  January 22, 2004.
 Secretary of Veterans Affairs.
Pamela M. Iovino, Assistant       January 28, 2004..  April 1, 2004.....  May 20, 2004......  November 20, 2004.
 Secretary for Congressional
 Affairs.
R. Allen Pittman, Assistant       June 17, 2004.....  September 30, 2004  October 6, 2004...  November 20, 2004.
 Secretary for Human Resources
 and Administration.
----------------------------------------------------------------------------------------------------------------


                                    U.S. COURT OF APPEALS FOR VETERANS CLAIMS
----------------------------------------------------------------------------------------------------------------
                                        Date of
        Name and position             nomination        Date of hearing      Date reported      Date confirmed
----------------------------------------------------------------------------------------------------------------
Alan G. Lance, Judge............  January 7, 2003...  June 17, 2003.....  November 21, 2003.  November 20, 2004.
Robert N. Davis, Judge..........  March 26, 2003....  April 1, 2004.....  October 6, 2004...  November 20, 2004.
Mary J. Schoelen, Judge.........  March 12, 2004....  September 30, 2004  October 6, 2004...  November 20, 2004.
William A. Moorman, Judge.......  September 21, 2004  September 30, 2004  October 6, 2004...  November 20, 2004.
----------------------------------------------------------------------------------------------------------------

                   IV. Budget for Veterans' Programs


                            A. FIRST SESSION

    On March 6, 2003, 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 2004 
budget for veterans' programs.
    With respect to overall funding for VA in fiscal year 2004, 
the Administration had recommended a total funding level of 
$62.860 billion for fiscal year 2004, a $2.5 billion increase 
over funding levels for fiscal year 2003. The Committee's views 
and estimates letter recommended a $1.02 billion over the 
Administration's request or a total spending increase of $3.52 
billion over fiscal year 2003 levels.
    With respect to medical care funding levels within VA 
discretionary accounts, the Administration requested $28.370 
billion in funding, an increase of $2.074 billion over fiscal 
year 2003 levels. The views and estimates letter recommended an 
increase of $831 million over that funding request, and an 
increase in medical care appropriations of $1.041 billion. That 
recommendation was rooted in Committee's position that it would 
decline during 2003 to enact three policy proposals advanced by 
the Administration that would have generated revenues and 
savings estimated by VA to be $1.035 billion. Those policy 
proposals would have eliminated VA authority to provide nursing 
home care to veterans other than those having service-connected 
disabilities rated at 70 percent or higher; imposed a $250 
annual ``enrollment fee'' on so-called ``Priority 7'' and 
``Priority 8'' veterans seeking VA medical care services; and 
increased copayments charged to certain veterans receiving 
prescription medications from $7 to $15 per prescription.
    With respect to VA's non-medical care benefits programs, 
the Administration requested total budget authority of $34.144 
billion for mandatory and discretionary costs associated with 
VA benefit programs for fiscal year 2004, an increase of $434 
million over fiscal year 2003 levels. The views and estimates 
letter recommended an additional $183 million above the 
Administration's request, $53 million in discretionary funding 
(to maintain employee levels for compensation and pension 
program administration at fiscal year 2003 levels and to 
increase funding for national cemeteries), and $130 million in 
mandatory funding (to increase educational assistance benefits 
provided to survivors and dependents of service members who had 
died, or were severely injured, as a result of service).
    On March 21, 2003, the House approved H. Con. Res. 95, the 
fiscal year 2004 budget resolution. On March 26, 2003, the 
Senate amended H. Con. Res. 95 to incorporate the provisions of 
S. Con. Res. 23 as approved by the Senate on March 26, 2003. On 
April 10, 2003, the Senate and House Committees on the Budget 
issued a conference report (H. Rept. No. 108-71) approving a 
budget resolution (H. Con. Res. 95) which was approved by the 
House and Senate on April 11, 2003. The resolution did not 
direct the Committee to report changes in laws within the 
Committee's jurisdiction reducing outlays for veterans' 
programs.

                           B. SECOND SESSION

    On March 4, 2004, 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 2005 
budget for veterans' programs.
    With respect to overall funding for VA in fiscal year 2005, 
the Administration recommended a total funding level of $67.325 
billion, $32.073 for programs funded with discretionary 
accounts and $35.252 billion for programs funded from mandatory 
accounts. The Committee's views and estimates letter 
recommended an additional $1.579 billion above the 
Administration's request for discretionary account programs and 
an additional $40 million above the Administration's request 
for mandatory account programs.
    With respect to medical care funding levels within VA 
discretionary accounts, the Administration requested $26.747 
billion in medical care appropriations, an increase of $308 
million over the fiscal year 2004 funding level. The views and 
estimates letter recommended an appropriations increase of $2.1 
billion and a collections increase of $256 million above fiscal 
year 2004 levels. In addition, the Committee's letter 
recommended relatively modest increases in appropriations for 
VA major and minor medical construction funding (an additional 
$23 million to $605 million), and in VA medical research 
program funding (an additional $55 million over fiscal year 
2004 levels to $460 million).
    With respect to VA's non-medical care benefits programs 
funded from VA discretionary accounts, the Administration 
requested total budget authority of $1.542 billion for expenses 
associated with the administration of the Veterans Benefits 
Administration (VBA) and for general administration. For 
administration of the National Cemetery Administration, the 
Administration requested total budget authority of $149 
million, and for cemetery construction, $113 million. The views 
and estimates letter recommended an additional $58 million 
above the President's request for administration of VBA and 
general administration, and an additional $40 million above the 
President's request for NCA.
    With respect to mandatory account spending, the 
Administration requested total mandatory account spending 
authority of $35.2 billion for VA non-medical benefit programs. 
The Committee's views and estimates letter recommended an 
increase of $40 million above that amount for fiscal year 2005 
(and $223 million for fiscal years 2005--2009) and $317 million 
(for fiscal years 2005--2014) to facilitate the enactment of 
needed increases in VA dependency and indemnity compensation 
benefits.
    On March 12, 2004, the Senate approved S. Con. Res. 95, the 
fiscal year 2005 budget resolution. On March 29, 2004, the 
House amended S. Con. Res. 95 to incorporate the provisions of 
H. Con. Res. 393 as approved by the House on March 25, 2004. On 
May 19, 2004, the Senate and House Committees on the Budget 
issued a conference report (H. Rept. No. 108-498) approving a 
budget resolution (S. Con. Res. 95) which was approved by the 
House on May 19, 2004. The conference report was not approved 
by the Senate.

                                  
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