[Pages S5154-S5167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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

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

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

There being no objection, the Senate proceeded to consider the bill.
Mrs. MURRAY. Mr. President, as chairman of the Committee on Veterans'
Affairs, I am pleased to speak in support of the Honoring America's
Veterans and Caring for Camp Lejeune Families Act of 2012.
I thank my colleagues from the Veterans' Committee for their
continuous support of our Nation's veterans--especially my ranking
member Senator

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

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

The Amendment to H.R. 1627, as passed by the House on May
23, 2011, reflects a Compromise Agreement reached by the
House and Senate Committees on Veterans' Affairs
(hereinafter, ``the Committees'') on provisions within the
following bills reported during the 112th Congress: H.R.
1627; S. 277; S. 914; S. 951; H.R. 802; H.R. 1484; H.R. 2074;
H.R. 2302; H.R. 2349; H.R. 2433; H.R. 4299; and several free-
standing provisions.
S. 277, as amended, was reported favorably out of the
Senate Committee on August 1, 2011; S. 914, as amended, was
reported favorably out of the Senate Committee on October 11,
2011; and S. 951, as amended, was reported favorably out of
the Senate Committee on July 18, 2011 (hereinafter, ``Senate
Bills''). H.R. 802, as amended, passed the House on June 1,
2011; H.R. 1484, as amended, passed the House on May 31,
2011; H.R. 2074, as amended, passed the House on October 11,
2011; H.R. 2302, as amended, passed the House on October 11,
2011; H.R. 2349, as amended, passed the House on October 11,
2011; and H.R. 2433, as amended, passed the House on October
12, 2011 (hereinafter, ``House Bills'').
The Committees have prepared the following explanation of
certain provisions contained in the amendment to H.R. 1627,
as amended, to reflect a Compromise Agreement between the
Committees. Differences between the provisions contained in
the Compromise Agreement and the related provisions of the
House Bills and the Senate Bills are noted in this document,
except for clerical corrections, conforming changes made
necessary by the Compromise Agreement, and minor drafting,
technical, and clarifying changes.

Title I--Health Care Matters

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

Current Law
In a few specific instances, Congress has acted to provide
benefits and health care to veterans who may have been
exposed to environmental hazards during their military
service. On a few occasions, Congress has extended health
care and benefits to the children of servicemembers and
veterans based on a concern that they were born more
susceptible to certain diseases or conditions because of a
parent's exposure to an in-service environmental hazard.
Senate Bill
S. 277, as amended, would provide health care benefits
through the Department of Veterans Affairs (hereinafter,
``VA'' or ``the Department''), starting in fiscal year
(hereinafter, ``FY'') 2013, to certain veterans for any
illness that is attributable to the contaminated drinking
water on Camp Lejeune. The bill would provide health care
benefits to spouses and dependents of veterans for conditions
associated with exposure to the contaminated drinking water
on Camp Lejeune. The bill would also direct the Secretary of
the Department of Defense (hereinafter, ``DOD'') to transfer
funds to VA to cover the costs of the health care provided to
these veterans and their families. In order to pay for the
increase in funding for providing health care to veterans and
their families, the bill would decrease DOD spending by
consolidating its commissaries and exchanges.
House Bill
The House Bills contain no similar provision.
Compromise Agreement
Section 102 of the Compromise Agreement would provide
health care benefits through VA to certain veterans and
family members who lived aboard Camp Lejeune during the
period the drinking water was contaminated and have certain
illnesses or conditions. VA would reimburse family members
for health care services provided under this section as a
final payer to other third party health care plans. Similar
to the treatment, under current law, of other exposures, such
as Agent Orange and toxins from the Gulf War, the Compromise
Agreement includes language that health care may not be
provided to veterans or family members if that illness or
condition is found by VA to have resulted from a reason other
than residence of the family aboard Camp Lejeune. The
Compromise Agreement directs VA to report annually on the
number of veterans and family members who were provided
hospital care and medical services under the Compromise
Agreement; the illnesses, conditions, and disabilities for
which care and services were provided under the Compromise
Agreement; the number of veterans and family members who
applied for care and services under the Compromise Agreement
but were subsequently denied (including information on the

[[Page S5156]]

reasons for denial); and the number of veterans and family
members who applied for care and services and are awaiting a
decision from VA.
The Committees understand that it may take VA some time to
implement this section; however, the Committees anticipate
the process should be executed as expeditiously as possible
to enable eligible veterans and their family members to
receive needed care and medical services.

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

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

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

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

CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE

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

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

Current Law
There is no similar provision in current law.
Senate Bill
The Senate Bills contain no similar provision.
House Bill
Section 2 of H.R. 2074, as amended, would amend chapter 17
of title 38, U.S.C., to require VA to develop, by March 1,
2012, a comprehensive policy on sexual assault and other
safety incidents to include the: (1) development of clear and
comprehensive criteria with respect to the reporting of
sexual assault incidents and other safety incidents for both
clinical personnel and law enforcement personnel; (2)
establishment of an accountable oversight system within VA to
report and track sexual assault incidents for all alleged or
suspected forms of abuse and unsafe acts; (3) systematic
information sharing of reported sexual assault incidents, and
a centralized reporting, tracking, and monitoring system to
ensure each case is fully investigated and victims receive
appropriate treatment; (4) use of specific ``risk assessment
tools'' to examine any danger related to sexual assault that
a veteran may pose while being treated, including clear
guidance on the collection of information relating to the
legal history of the veteran; (5) mandatory training of
employees on safety awareness and security; and (6)
establishment of physical security precautions including
appropriate surveillance and panic alarm systems that are
operable and regularly tested. This section of the House Bill
would also require VA to report to the Committees on the
development of the policy not later than 30 days after
enactment, and to report on the implementation of such policy
not later than 60 days after it is put in place and not later
than October 1 of each subsequent year.
Compromise Agreement
Section 106 of the Compromise Agreement generally reflects
the House Bill but it modifies the date the comprehensive
policy is required to be in place from March 1, 2012, to
September 30, 2012. The Compromise Agreement also requires
VA, in developing the comprehensive policy and risk
assessment tools, to consider the effects on veterans' use of
mental health and substance abuse treatments, and the ability
of VA to refer veterans to such services.

REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY

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

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TELECONSULTATION AND TELEMEDICINE

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

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

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

Recognition of rural health resource centers in office of rural HEALTH

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

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

Current Law
Section 1729A of title 38, U.S.C., creates within the
Treasury the VA Medical Care Collections Fund (hereinafter,
``MCCF'') in which amounts recovered or collected under
several VA collections authorities are to be deposited.
Senate Bill
Section 111 of S. 914, as reported, would require VA to
develop and implement, within 180 days of enactment of the
Senate Bill, a plan to ensure accurate and full collections
by the VA health care system, pursuant to existing
authorities for billing and collections. The amounts
collected would be required to be deposited in the MCCF. This
provision would further require the following elements to be
included in the plan: an effective process to identify
billable fee claims, effective and practicable policies and
procedures to ensure billing and collection using current
authorities, training of employees responsible for billing or
collection of funds to enable them to comply with the
provisions of this section, fee revenue goals for the
Department, and an effective monitoring system to ensure the
Department meets fee revenue goals and complies with such
policies and procedures.
House Bill
The House Bills contain no similar provision.
Compromise Agreement
Section 111 of the Compromise Agreement reflects the Senate
Bill.

Extension of authority for copayments

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

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

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

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Title II--Housing Matters

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

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

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

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

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

Current Law
Since 1948, VA has provided adaptive housing assistance
grants to eligible individuals who have certain service-
connected disabilities to construct an adapted home or modify
an existing home to accommodate their disabilities. Today, VA
provides adaptive housing assistance primarily through two
programs--Specially Adapted Housing (hereinafter, ``SAH'')
and Special Home Adaptation (hereinafter, ``SHA''). Both
programs are codified under chapter 21 of title 38, U.S.C.
The SAH grant program provides financial assistance to
veterans and servicemembers who are entitled to compensation
for permanent and total service-connected disability due to
the loss or loss of use of multiple limbs, blindness and limb
loss, or a severe burn injury. Eligible individuals may
receive up to three SAH grants totaling no more than 50
percent of the cost of a specially adapted house, up to the
aggregate maximum amount for FY 2011 of $63,780. This amount
is adjusted annually based on a cost-of-construction index.
Grants may be used to construct a house or remodel an
existing house, or they may be applied against the unpaid
principal mortgage balance of a specially adapted house. The
SHA grant program, which is similar to SAH but is for
individuals with other disabilities, may be used for slightly
different purposes and cannot exceed $12,756 during FY 2011.
This amount is also adjusted annually based on a cost-of-
construction index.
P.L. 109-233, the Veterans' Housing Opportunity and
Benefits Improvement Act of 2006, authorized VA to expand its
previously existing adaptive housing assistance grants to
include eligible individuals temporarily living in a home
owned by a family member. The Temporary Residence Adaptation
(hereinafter, ``TRA'') benefit, codified at section 2102A of
title 38, U.S.C., allows veterans to apply for a grant to
adapt the home of a family member with whom they are
temporarily residing. The benefit was extended to active duty
servicemembers with the passage of P.L. 110-289, the Housing
and Economic Recovery Act of 2008. The TRA grant program
enables veterans and servicemembers eligible under the SAH
and SHA programs to use up to $14,000 and $2,000,
respectively, to modify a family member's home.
Under current law, section 2102(d) of title 38, U.S.C.,
each TRA grant counts as one of the three grants allowed
under either SAH or SHA. TRA grants also count toward the
maximum allowable FY 2011 amount of $63,780 under SAH and
$12,756 under SHA.
The Government Accountability Office's (hereinafter,
``GAO'') congressionally mandated reports on the TRA grant
program noted the limited participation in the TRA program.
GAO found that one of the reasons for the low usage was that
veterans often choose to wait to take advantage of benefits
to adapt their own home because the TRA grant amount counts
against the overall amount available to an individual under
the SAH or SHA grant programs. One potential solution GAO
identified would be no longer counting TRA grants against the
maximum funds available under SAH and SHA.
Senate Bill
Section 307 of S. 914, as reported, would amend section
2102(d) of title 38 to exclude the TRA grant from the
aggregate limitations on assistance furnished to an eligible
veteran or servicemember pursuant to section 2102 of title
38, U.S.C. TRA grants would no longer be counted against the
maximum funds available under SAH and SHA grants.
House Bill
The House Bills contain no similar provision.
Compromise Agreement
Section 203 of the Compromise Agreement reflects the Senate
Bill. The Committees believe this change would increase
participation in the TRA grant program.

[[Page S5159]]

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

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

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

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

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

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

MAKING PERMANENT PROJECT FOR GUARANTEEING OF ADJUSTABLE RATE MORTGAGES

Current law
Section 3707(a) of title 38, U.S.C., authorizes the
guaranty of adjustable rate mortgages for veterans. The
authority for VA to guaranty such mortgages is set to expire
at the end of FY 2012.
House Bill
Section 501 of H.R. 2433, as amended, would amend section
3707(a) to reauthorize the adjustable rate mortgages until
the end of FY 2014.
Senate Bill
The Senate Bills contain no similar provision.
Compromise Agreement
Section 207 of the Compromise Agreement would make this
authority permanent.

MAKING PERMANENT PROJECT FOR INSURING HYBRID ADJUSTABLE RATE MORTGAGES

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

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

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

MODIFICATION OF AUTHORITIES FOR ENHANCED-USE LEASES OF REAL PROPERTY

Current Law
Subchapter V of chapter 81 of title 38, U.S.C., provides VA
with authority to enter into enhanced-use leases
(hereinafter, ``EULs''). EULs allow VA to lease underutilized
real property to third-parties, so long as it will be used
for a purpose that complements the mission of VA. VA was
permitted to accept monetary or in-kind consideration for
EULs and to spend any money collected on medical care via the
MCCF. This authority expired on December 31, 2011.
Senate Bill
The Senate Bills contain no similar provision.

[[Page S5160]]

House Bill
The House Bills contain no similar provision.
Compromise Agreement
Section 210 of the Compromise Agreement would reauthorize
VA's EUL authority until December 31, 2023. The Compromise
Agreement also would make several changes to VA's authority,
including permitting EULs only for the purpose of creating
programs to assist veterans who are homeless or at risk of
homelessness, requiring VA to receive approval for future
EULs from the Office of Management and Budget, prohibiting VA
from receiving any type of in-kind consideration for leased
property, and forbidding federal entities from leasing
property from a lessee when that property is already subject
to an EUL.
The Compromise Agreement also would require a report to
Congress 120 days after enactment and annually thereafter,
and include the key changes made to the administration of the
program to address deficiencies identified by VA's Office of
Inspector General in a February 29, 2012, report titled
``Audit of the Enhanced-Use Lease Program.'' The Committees
note, with significant concern, the findings of the Office of
Inspector General and expect VA to ensure substantial
improvements are made to the management of the EUL program.

Title III--Homeless Matters

ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS

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

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

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

MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS

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

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

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

EXTENSIONS OF PREVIOUSLY FULLY-FUNDED AUTHORITIES AFFECTING HOMELESS
VETERANS

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

[[Page S5161]]

the grant program for homeless veterans with special needs in
FY 2012.
House Bill
The House Bills contain no similar provision.
Compromise Agreement
Section 305 of the Compromise Agreement would increase the
authorization of appropriations to $250 million for
comprehensive service programs for homeless veterans in FY
2013 and $150 million for every fiscal year after and
including FY 2014.
Section 305 of the Compromise Agreement would extend
through FY 2013 the existing $50 million authorization of
appropriations for HVRP.
Section 305 of the Compromise Agreement would authorize the
appropriation of $300 million for financial assistance for
supportive services for very low-income veteran families in
permanent housing in FY 2013.
Section 305 of the Compromise Agreement would authorize the
appropriation of $5 million for the grant program for
homeless veterans with special needs in FY 2013.

Title IV--Education Matters

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

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

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

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

Title V--Benefits Matters

AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION REVIEW OF NEW
EVIDENCE

Current Law
Current law precludes the Board of Veterans' Appeals
(hereinafter, ``Board'') initial consideration of evidence
submitted in connection with a claim, unless the claimant
waives the right to initial consideration by the Agency of
Original Jurisdiction (hereinafter, ``AOJ''). Evidence first
must be considered by the AOJ in order to preserve a
claimant's statutory right under section 7104 of title 38,
U.S.C., to one review on appeal.
Senate Bill
Section 404 of S. 914, as reported, would amend section
7105 of title 38, U.S.C., by creating a new subsection, (e),
to incorporate an automatic waiver of the right to initial
consideration of certain evidence by the AOJ. The evidence
subject to the waiver is evidence in connection with the
issue or issues with which disagreement has been expressed,
and which is submitted by the claimant, or his or her
representative, to the AOJ or the Board concurrently with or
after the filing of a substantive appeal. Such evidence would
be subject to initial consideration by the Board, unless the
appellant or his or her representative requests, in writing,
that the AOJ initially consider the evidence. The request
would be required to be submitted with the evidence. These
changes would take effect 180 days after enactment and apply
with respect to claims for which a substantive appeal is
filed on or after that date.
House Bill
Section 2 of H.R. 1484 would direct the Board to consider
evidence submitted by a claimant after a substantive appeal
has been filed unless the claimant elects to have the
evidence considered first by the AOJ.
Compromise Agreement
Section 501 of the Compromise Agreement reflects the
language of the Senate Bill.

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

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

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

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

[[Page S5162]]

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

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

DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE RECORDS

Current Law
Section 5103A of title 38, U.S.C., outlines VA's duty to
assist claimants in obtaining evidence needed to substantiate
a claim. Under current law, VA must make ``reasonable
efforts'' to obtain private medical records on behalf of a
claimant who adequately identifies and authorizes VA to
obtain them. What constitutes a ``reasonable effort'' by VA
to obtain private medical records on behalf of a claimant is
undefined.
Senate Bill
The Senate Bills contain no similar provision.
House Bill
Section 5 of H.R. 2349, as amended, authorizes VA to waive
its duty to assist requirement when ``the Secretary may award
the maximum benefit in accordance with this title based on
the evidence of record.'' The effect of this provision would
prevent both the claimant and VA from having to collect
further evidence that would have no impact on the claim.
Under the revised definition of ``maximum'' benefit, it is
clear that before VA can make such an award, it must have
evidence that is sufficient to meet all aspects of the rating
schedule for each condition.
Section 5 of H.R. 2349, as amended, also adds a provision
to encourage claimants to take a proactive role in the claims
process. By encouraging ``claimants to submit relevant
private medical records of the claimant to the Secretary if
such submission does not burden the claimant,'' the
collection of evidence necessary to render a decision can be
greatly facilitated.
Section 5 of H.R. 2349, as amended, is intended to reduce
the number of situations wherein VA spends unnecessary time
and resources to pursue private medical records that may
already have been submitted in the claimant's file, may not
exist, may not be obtainable, are not relevant to the claim,
or even if obtained, are highly unlikely to change the rating
that would otherwise be assigned based on the evidence of
record. VA would continue to have an obligation to obtain or
assist veterans in obtaining relevant medical records, both
public and private; however, this provision clarifies that
the purpose of the duty to assist should be limited to
situations where it will actually assist veterans in
substantiating their claims. In addition, a claimant's
knowledge of where certain medical records may be located is
invaluable to claim development. In many cases a claimant can
identify, obtain, and submit that evidence more quickly than
if the Department received a claim and subsequently had to
locate and request those same records.
Compromise Agreement
Section 505 of the Compromise Agreement generally follows
the House's position with a minor change in the language of
paragraph (2)(B) of H.R. 2349. The House-passed language in
paragraph (2)(B) reads ``For purposes of this paragraph, the
term `maximum benefit' means the highest evaluation
assignable in accordance with the evidence of record, as long
as such evaluation is supported by such evidence of record at
the time the decision is rendered.'' Per the Compromise
Agreement, this language is changed to ``For purposes of this
paragraph, the term `maximum benefit' means the highest
evaluation assignable in accordance with the evidence of
record, as long as such evidence is adequate for rating
purposes and sufficient to grant the earliest possible
effective date in accordance with section 5110 of this
title.'' This revised definition of ``maximum benefit''
clarifies that VA must have evidence that is sufficient to
meet all aspects of the rating schedule for each condition.

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

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

[[Page S5163]]

to claims filed after the date that is three years after the
date of enactment.

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

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

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

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

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

Current Law
Veterans of a period of war who meet income, net worth, and
other eligibility criteria are eligible to receive a pension
based upon need. Under current law, section 1503 of title 38,
U.S.C., reimbursements for any kind of casualty loss are
exempt from income determinations for purposes of determining
pension eligibility.
Senate Bill
The Senate Bill contains no similar provision.
House Bill
Section 3 of H.R. 2349, as amended, would prevent the
offset of pension benefits for veterans, surviving spouses,
and children of veterans due to the receipt of payments by
insurance, court award, settlement or other means to
reimburse expenses incurred after an accident, theft,
ordinary loss or casualty loss. Section 3 would also exempt
pain and suffering income from pension calculations, but only
amounts determined by VA on a case-by-case basis. The House
Bill would also extend the authority of VA to verify income
information with the Internal Revenue Service (hereinafter,
``IRS'') to November 18, 2013.
Compromise Agreement
Section 509 of the Compromise Agreement generally follows
the House Bill except it does not exclude payments for
medical expenses resulting from any accident, theft, loss, or
casualty loss or payments for pain and suffering related to
an accident, theft, loss, or casualty loss. The Committees
believe payments received for pain and suffering should not
be excluded from countable income because such payments are
not a reimbursement for expenses and such an exclusion would
be inconsistent with a needs based program.
The Compromise Agreement does not extend the authority of
VA to verify income information with the IRS. This authority
was extended until September 30, 2016, by P.L. 112-56.

Title VI--Memorial, Burial & Cemetery Matters

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

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

CODIFICATION OF PROHIBITION AGAINST RESERVATION OF GRAVESITES AT
ARLINGTON NATIONAL CEMETERY

Current Law
Army Regulation 290-5, Paragraph 2-5, states that ANC
selection of specific gravesites or sections is not
authorized. Despite a stated policy against preferential
treatment and the reservation of gravesites, the Washington
Post reported that in recent years ANC had repeatedly
provided preferential treatment to VIPs by setting aside
select and prestigious gravesites for their future use. An
article dated March 20, 2011, titled ``Arlington Cemetery
struggles with old reservations,'' is excerpted in relevant
part:
``Although [ANC] stopped formally taking reservations in
1962, the practice of reserving choice grave sites continued,
if unofficially, under Raymond J. Costanzo, who was
superintendent from 1972 to 1990. [John C. Metzler, Jr.], his
successor, who ran the cemetery until he was forced to retire
last year, also apparently allowed people to pick areas of
the cemetery where they wanted to be buried, Army officials
said.
The Army, which investigated the matter two decades ago and
is looking into it again, has a list from 1990 with `senior
officials' who have plots that `were de facto reserved in
violation of Army policy,' according to a memo obtained by
The Post under the Freedom of Information Act. Some of these
officials were driven around the cemetery by Costanzo, who
told investigators that he had allowed them to pick their
spots.
`I take the position that if there is anything I can do
positively for a person, I will try to do that as long as it
is not a serious violation of any rule, regulation, or law,'
he told investigators at the time.''
Media reports regarding preferential treatment of and
reservations for certain people, coupled with a 2010
investigation of ANC by the Army Inspector General, reflect a
series of problems with the previous management of ANC. As
ANC works to build accountability and transparency in its
management and operations, the issue of gravesite
reservations remains a paramount concern.
Senate Bill
Section 502 of S. 914, as reported, would codify the Army
regulations that ban reserving gravesites and would provide
accountability and transparency. The section would amend
chapter 24 of title 38, U.S.C., by requiring that not more
than one gravesite at ANC be provided to eligible veterans or
members of the Armed Forces, unless a waiver is made by the
Secretary of the Army as

[[Page S5164]]

considered appropriate. This requirement would apply with
respect to all interments at ANC after the date of the
enactment of this section.
Section 502 would also prohibit the reservation of
gravesites at ANC for individuals not yet deceased. This
prohibition would not apply with respect to the interment of
an individual for whom a request for a reserved gravesite was
approved by the Secretary of the Army before January 1, 1962,
when ANC formally stopped accepting reservations.
A reporting requirement would also be imposed by the
section. Not later than 180 days after the enactment of this
section, the Army would be required to submit to Congress a
report on reservations made for interment at ANC. The report
would describe the number of requests for reservations at ANC
that were submitted to the Secretary of the Army before
January 1, 1962. The report would also describe the number of
gravesites at ANC that, on the day before the date of the
enactment of this section, were reserved in response to such
requests. The number of such gravesites that, on the day
before the enactment of this section, were unoccupied would
also be included in the report. Additionally, the report
would list all reservations for gravesites at ANC that were
extended by individuals responsible for the management of ANC
in response to requests for such reservations made on or
after January 1, 1962.
House Bill
Section 3 of H.R. 1627 contains a similar provision on
burial reservations.
Compromise Agreement
Section 602 of the Compromise Agreement reflects the Senate
and House Bills. The Committees believe that the inclusion of
this provision is necessary to ensure that qualified
servicemembers and veterans are honored at ANC without regard
to rank or status. In light of the extraordinary sacrifices
made by America's men and women in uniform, it is paramount
that their burials at ANC occur with integrity, in a manner
befitting such sacrifice, and in accordance with Army policy
and regulation.
The Compromise Agreement also permits the President to
waive the prohibition on burial reservations at Arlington
National Cemetery as the President considers appropriate, and
requires the President to notify the Committees and the
Senate and House Armed Services Committees of any such waiver
decision. The Committees expect that decisions to waive the
prohibition will be done only under extraordinary
circumstances, i.e., for a Medal of Honor recipient, former
President, etc.

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

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

REQUIREMENTS FOR THE PLACEMENT OF MONUMENTS IN ARLINGTON NATIONAL
CEMETERY

Current Law
Section 2409 of title 38, U.S.C., allows the Secretary of
the Army to set aside areas in ANC to honor military
personnel and veterans who are missing in action or whose
remains were not available for various other reasons. Section
(b) provides for the erection of appropriate memorials or
markers to honor such individuals.
Senate Bill
The Senate Bills contain no similar provision.
House Bill
Section 2 of H.R. 1627, as amended, would establish clear
and objective criteria for the Secretary of the Army in
considering and approving monument requests. It would do this
by putting in place a requirement that monuments commemorate
the military service of an individual, a group of
individuals, or a military event that is at least 25 years
old. The purpose of the 25-year requirement would be to
ensure that a permanent monument truly stands the test of
time and is not commemorating events based on the passions of
a moment. H.R. 1627, as amended, would also require that
monuments be placed in sections of ANC designated by the
Secretary of the Army for that explicit purpose and only on
land that is not suitable for burial. The bill would further
require that monument construction and placement must be
funded by a non-governmental entity using funds from private
sources. The Secretary of the Army would be required to
consult with the U.S. Commission on Fine Arts before
approving the monument design, and the sponsoring entity must
issue a study on the suitability and availability of other
sites (outside of ANC) where the monument could be placed.
Recognizing the need for flexibility in monument
determinations, H.R. 1627, as amended, would permit the
Secretary of the Army to waive the 25-year rule (noted above)
in the event a monument proposes to commemorate a group of
individuals who have made valuable contributions to the Armed
Forces for longer than 25 years and those contributions
continue, and are expected to continue indefinitely, and such
groups have provided service of such a character that it
would present a manifest injustice if approval of the
monument was not permitted.
Finally, H.R. 1627, as amended, would retain ultimate
Congressional oversight of monument placement at ANC by
requiring the Secretary of the Army to notify Congress of any
decision to approve a monument, along with the stated
rationale, before a monument may be placed. Congress would
have 60 days to review the decision and, if it chooses, pass
a disapproval resolution in order to halt the monument from
going forward. If Congress takes no action, the monument
would be deemed approved after the 60-day period lapses.
H.R. 1627, as amended, therefore, retains elements of the
Department of the Army's existing regulatory framework with
respect to monument placement at ANC and builds upon that
framework by establishing an objective, transparent,
rigorous, and flexible criteria for future monument
placement.
Compromise Agreement
Section 604 of the Compromise Agreement generally follows
the House Bill except that it requires that the Advisory
Committee on Arlington National Cemetery also be consulted
prior to a monument being placed in the Cemetery.

Title VII--Other Matters

ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS

Current Law
Laws such as P.L. 93-288, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, provide federal
assistance to individuals and families affected by natural
disasters. However, current law is not specifically tailored
to the needs of veterans, particularly veterans with service-
connected disabilities affected by such disasters. This means
that under current law, targeted assistance is unavailable to
those veterans who are particularly vulnerable and most in
need of assistance in the event of a natural disaster.
For example, VA adaptive housing assistance grants are
available to eligible individuals who have certain service-
connected disabilities, to construct an adapted home or to
modify an existing home to accommodate their disabilities.
However, limitations such as caps on the total amount of
assistance available under SAH or SHA grants, may prevent a
veteran from receiving additional assistance from VA to
repair an adapted home damaged by a natural disaster.
Similarly, under current law, section 3903 of title 38,
U.S.C., a veteran may receive a grant for the purchase of an
automobile. If that vehicle has been destroyed by a natural
or other disaster, current statutory limitations would
prevent VA from providing another grant to repair or replace
the damaged vehicle.
Senate Bill
Section 701 of S. 914, as reported, would provide certain
types of assistance to eligible veterans affected by a
natural or other disaster.
Section 701 of S. 914, as reported, would amend chapter 21
of title 38, U.S.C., by adding a new section which would
provide assistance to a veteran whose home is destroyed or
substantially damaged in a natural or other disaster, and
that was previously adapted with assistance through the SAH
or SHA grant program. Such assistance would not be subject to
the limitations on assistance under section 2102. However,
under this section a grant award would not exceed the lesser
of the reasonable cost of repairing or replacing the damaged
or destroyed home in excess of the available insurance
coverage on such home, or the maximum grant amount to which
the veteran would have been entitled under the SAH or SHA
grant programs had the veteran not obtained the prior grant.
Section 701 would amend section 3108 of title 38, U.S.C.,
by authorizing VA to extend the payment of a subsistence
allowance to qualifying veterans participating in a
rehabilitation program under chapter 31 of title 38. The
extension would be authorized if the veteran has been
displaced as a result of a natural or other disaster while
being paid a subsistence allowance. If such circumstances are
met, VA would be permitted to extend the payment of a
subsistence allowance for up to an additional two months
while the veteran is satisfactorily following a program of
employment services.
Section 701 also would amend section 3120 of title 38,
U.S.C., by waiving the limitation on the number of veterans
eligible to receive programs of independent living services
and assistance, in any case in which VA determines that an
eligible veteran has been displaced as the result of, or has
otherwise been

[[Page S5165]]

adversely affected in the areas covered by, a storm or other
disaster.
Section 701 would amend section 3703 of title 38, U.S.C.,
to allow VA to guarantee a loan, regardless of whether such
loan is subordinate to a superior lien created by a public
entity that has provided, or will provide, assistance in
response to a major disaster.
Additionally, section 701 would amend section 3903, of
title 38, U.S.C., by authorizing VA to provide, or to assist
in providing, an eligible person receiving assistance through
the Automobile Assistance Program with a second automobile.
This assistance would be permitted only if VA receives
satisfactory evidence that the automobile, previously
purchased with assistance through this program, was destroyed
as a result of a natural or other disaster, the eligible
person bore no fault, and the person would not receive
compensation for the loss from a property insurer.
Finally, section 701 would require VA to submit an annual
report to Congress detailing the assistance provided or
action taken by VA during the last fiscal year pursuant to
the authority of this section. Required report provisions
would include: a description for each natural disaster for
which assistance was provided, the number of cases or
individuals in which, or to whom, VA provided assistance, and
for each such case or individual, a description of the
assistance provided.
House Bill
The House Bills contain no similar provisions.
Compromise Agreement
Section 701 of the Compromise Agreement follows the Senate
Bill.

EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW

Current Law
Under section 3720(h) of title 38, U.S.C., VA has the
authority to issue, or approve the issuance of, certificates
or other securities evidencing an interest in a pool of
mortgage loans VA finances on properties it has acquired and
guarantee the timely payment of principal and interest on
such certificates or other securities. This authority expired
on December 31, 2011.
Section 3729(b)(2) of title 38, U.S.C., sets forth a loan
fee table that lists funding fees to be paid by
beneficiaries, expressed as a percentage of the loan amount,
for different types of loans guaranteed by VA. Funding fee
rates have varied over the years, but with one exception,
have remained constant since 2004. All funding fee rates are
set to be reduced on October 1, 2016.
Finally, P.L. 110-389, the Veterans' Benefits Improvement
Act of 2008, authorized VA to temporarily guarantee mortgages
with higher loan values in recognition of the high cost of
housing in several areas of the country. This authorization
expired on December 31, 2011.
Senate Bill
Section 15 of S. 951, as reported, would amend the fee
schedule set forth in section 3729(b)(2) of title 38, U.S.C.,
by extending VA's authority to collect certain fees and by
adjusting the amount of the fees. Specifically, the section
would amend section 3729(b)(2)(B)(ii) by striking ``January
1, 2004, and before October 1, 2011'' and inserting ``October
1, 2011, and before October 1, 2014,'' and by striking
``3.30'' both places it appears and inserting ``3.00.''
The section also would amend section 3729(b)(2)(B)(i) by
striking ``January 1, 2004'' and inserting ``October 1,
2011'' and by striking ``3.00'' both places it appears and
inserting ``3.30.'' The section would also strike clause
(iii) and re-designate clause (iv) as clause (iii). Clause
(iii), as re-designated, would be amended by striking
``October 1, 2013'' and inserting ``October 1, 2014.''
House Bill
Section 501 of H.R. 2433, as amended, would amend section
3720(h)(2) to extend VA's pooling authority for mortgages
until December 31, 2016. The section also would amend the fee
schedule set forth in section 3729(b)(2) of title 38, U.S.C.,
by extending VA's authority to collect certain fees and by
adjusting the amount of the fees. Specifically, the section
would amend section 3729(b)(2)(A)(iii) and 3729(b)(2)(A)(iv)
by striking ``November 18, 2011'', and inserting ``October 1,
2017''.
The section also would amend section 3729(b)(2)(B)(i) by
striking ``November 18, 2011'' and inserting ``October 1,
2017''. The section also would strike clause (ii) and (iii)
and re-designate clause (iv) as clause (ii). The section also
would amend section 3729(b)(2)(C)(i) and 3729(b)(2)(C)(ii) by
striking ``November 18, 2011'' and inserting ``October 1,
2017''. The section also would amend section 3729(b)(2)(D)(i)
and 3729(b)(2)(D)(ii) by striking ``November 18, 2011'' and
inserting ``October 1, 2017''.
Finally, this section also would amend section 501 of the
Veterans Benefits Improvement Act of 2008 to extend the
authority to temporarily guarantee mortgages with higher loan
values in certain areas of the country until December 31,
2014.
Compromise Agreement
Section 702 of the Compromise Agreement generally follows
the House Bill.

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

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

MODIFICATION OF PROVISION RELATING TO REIMBURSEMENT RATE FOR AMBULANCE
SERVICES

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

CHANGE IN COLLECTION AND VERIFICATION OF VETERAN INCOME

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

[[Page S5166]]

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

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

QUARTERLY REPORTS TO CONGRESS ON CONFERENCES SPONSORED BY THE
DEPARTMENT

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

PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY FEDERAL
CONTRACTORS

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

VETSTAR AWARD PROGRAM

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

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

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

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

Total Budgetary Effects of H.R 1627 for the 5-year
Statutory PAYGO Scorecard--net reduction in the deficit of
$401 million.

[[Page S5167]]

Total Budgetary Effects of H.R 1627 for the 10-year
Statutory PAYGO Scorecard--net reduction in the deficit of
$215 million.

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

CB0 ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 1627, THE HONORING AMERICA'S VETERANS AND CARING FOR CAMP LEJEUNE FAMILIES ACT OF 2012, AS
AMENDED (VERSION BAG12759)
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact....... 0 -36 -28 -37 -49 -257 34 35 34 38 38 -401 -215
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office.
Notes: Components do not sum to totals because of rounding.
The legislation would provide health care benefits to certain veterans and their dependents who were stationed at Camp Lejeune, NC, as well as making
several changes to housing, compensation, and education benefits provided by the Department of Veterans Affairs.

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

(Purpose: To amend the title)

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

____________________