59-006
2007
| Union Calendar No. 439 |
ONE HUNDRED NINTH CONGRESS
Convened January 4, 2005
Adjourned December 22, 2005
Convened January 31, 2006
Adjourned December 9, 2006
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DECEMBER 27, 2006- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
| COMMITTEE ON VETERANS' AFFAIRS | |
| STEVE BUYER, Indiana, Chairman | |
| MICHAEL BILIRAKIS, Florida, Vice Chairman TERRY EVERETT, Alabama CLIFF STEARNS, Florida DAN BURTON, Indiana JERRY MORAN, Kansas RICHARD H. BAKER, Louisiana HENRY E. BROWN, JR., South Carolina JEFF MILLER, Florida JOHN BOOZMAN, Arkansas JEB BRADLEY, New Hampshire GINNY BROWN-WAITE, Florida MICHAEL R. TURNER, Ohio JOHN CAMPBELL, California |
LANE EVANS, Illinois, Ranking BOB FILNER, California LUIS V. GUTIERREZ, Illinois CORRINE BROWN, Florida VIC SNYDER, Arkansas MICHAEL H. MICHAUD, Maine STEPHANIE HERSETH, South Dakota TED STRICKLAND, Ohio DARLENE HOOLEY, Oregon SILVESTRE REYES, Texas SHELLEY BERKLEY, Nevada TOM UDALL, New Mexico JOHN T. SALAZAR, Colorado |
| JAMES M. LARIVIERE, STAFF DIRECTOR |
SUBCOMMITTEE ON DISABILITY ASSISTANCE
AND MEMORIAL AFFAIRS
- JERRY MORAN, Kansas
- JEB BRADLEY, New Hampshire, Vice Chairman
- GINNY BROWN-WAITE, Florida
- SHELLEY BERKLEY, Nevada, Ranking
- TOM UDALL, New Mexico
- LANE EVANS, Illinois
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
- RICHARD H. BAKER, Louisiana
- GINNY BROWN-WAITE, Florida, Vice Chairwoman
- JOHN CAMPBELL, California
- BRIAN P. BILBRAY, California
- STEPHANIE HERSETH, South Dakota, Ranking
- DARLENE HOOLEY, Oregon
- LANE EVANS, Illinois
- VACANCY
SUBCOMMITTEE ON HEALTH
- CLIFF STEARNS, Florida, Vice Chairman
- RICHARD H. BAKER, Louisiana
- JERRY MORAN, Kansas
- JEFF MILLER, Florida
- MICHAEL R. TURNER, Ohio
- JOHN CAMPBELL, California
- MICHAEL H. MICHAUD, Maine, Ranking
- BOB FILNER, California
- LUIS V. GUTIERREZ, Illinois
- CORRINE BROWN, Florida
- VIC SNYDER, Arkansas
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
- TERRY EVERETT, Alabama, Vice Chairman
- JOHN BOOZMAN, Arkansas
- JEB BRADLEY, New Hampshire
- TED STRICKLAND, Ohio
- SILVESTRE REYES, Texas
- JOHN T. SALAZAR, Colorado
COMMITTEE STAFF
LETTER OF SUBMITTAL
Hon. Karen Haas,
Clerk, House of Representatives,
Washington, D.C.
DEAR MS. HAAS: In accordance with Clause 1(d) of Rule XI of the Rules of the House of Representatives, I submit herewith the report of the Committee on Veterans' Affairs setting forth its activities in reviewing and studying the application, administration, and execution of those laws, the subject matter of which is within the jurisdiction of our committee.
Steve Buyer,
Chairman.
FOREWORD
The 109th Congress produced strong discretionary budget increases, benefits enhancements, and effective oversight that continued to strengthen a decade-long program of improved veterans' health care and benefits. Veterans who constitute the core constituency of the Department of Veterans Affairs (VA), those with service-connected disabilities, catastrophic disabilities such as blindness and spinal cord injuries, and the indigent, benefited from increased access to quality health care. Simultaneously, excessive waiting times for the great majority of all veterans receiving care were reduced from record highs.
With thousands of servicemembers returning from the global war on terror suffering from mental health concerns and complex injuries that often include traumatic brain injury, Congress, working with the administration, took steps to enhance associated funding and services. The VA's four polytrauma rehabilitation centers have provided excellent care and continue to push forward the boundaries of care for these complex injuries. For the 110th Congress, I anticipate a further enhancement of these services that must include more effective post-acute rehabilitation.
Helping veterans transition into civilian life and take advantage of America's opportunities has been the goal of the Subcommittee on Economic Opportunity, which I formed in the 109th Congress. The Subcommittee, working with the whole Committee, helped Congress expand the outreach of the Department of Labor's Veterans Employment and Training Service to the nation's employers, who almost uniformly are seeking and having difficulty finding quality candidates for good jobs.
This session we strengthened VA's rehabilitation programs and reinforced the federal government's commitment to contract with service-disabled veteran-owned businesses. Families benefited with increased servicemember and veteran group life insurance benefits and health insurance protections for newly released members of the Guard and Reserve. Families burying their beloved dead in national cemeteries received protection against disruption by those who would use the sacrifice of our heroes as a platform for their own disgraceful messages.
To increase the access of veterans' and military service organizations (VSOs and MSOs) and their ability to provide the views of their members during the annual formation of the VA budget, the Committee advanced the annual budget and legislative hearings of the VSOs and MSOs into February. Formerly, VSOs and MSOs had been relegated to testifying weeks and even months after the Committee submitted its Budget Views and Estimates to the Congress. I also added a September `Look Back, Look Ahead' hearing to survey the past fiscal year and discuss the year ahead. This hearing improved the opportunity for these groups to provide insights at a time when the Administration is beginning to determine its budget request. Nineteen MSOs and VSOs testified in the February 2006 hearings and 20 in September, providing invaluable and timely information.
No record of a congressional session is complete without recognition of the challenges ahead. During this session, the department's total backlog of disability compensation and benefits claims grew significantly and now tops 800,000, including appeals and education claims. Congress, responding to this unacceptable situation, must continue to examine the full array of potential solutions, including more effective hiring and training of adjudicators, better management and accountability, use of more advanced technology, and intergovernmental partnerships. In the 109th Congress, we began examining the problem and potential solutions; we owe this nation's veterans a system that produces timely and accurate benefits decisions.
Major Committee Legislation--The Servicemembers' Group Life Insurance Enhancement Act of 2005 (Public Law 109-80) strengthens Servicemembers' Group Life Insurance (SGLI) and Veterans' Group Life Insurance (VGLI) by increasing the maximum coverage, the increments available to policy holders, and protections for spouses of SGLI policyholders. Major provisions of Public law 109-80 as enacted:
- Make permanent the maximum coverage available to service-members and veterans. A temporary $400,000 ceiling was enacted earlier in 2005 in the war supplemental appropriations act and expired on September 30, 2005. H.R. 3200, as amended, makes the increases permanent.
- Boost the incremental increases in both levels of coverage for both these life insurance programs from the current $10,000 to $50,000.
- Affecting only SGLI, requires the Department of Defense to notify the servicemember's spouse in writing if the service-member declines SGLI coverage or chooses an amount less than the maximum. The military also must notify a spouse should someone other than the spouse or child be designated as the policyholder's beneficiary.
- The new maximums are effective retroactive to September 1, 2005. The coverage of all policies in force, regardless of coverage amount, upon enactment was changed to the maximum $400,000. Policyholders have the opportunity to decrease coverage if they choose.
The Veterans' Compensation Cost-of-Living Adjustment Act of
2005 (Public Law 109-111) increased the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation paid to certain spouses and dependent children of service-disabled veterans. Important features of Public Law 109-111:
- A cost-of-living increase of 4.1 percent, the largest increase since 1991.
- Surviving spouses of veterans whose deaths were service-connected and their children benefit from the increase, as do surviving spouses who are so disabled that they need aid or are permanently housebound.
- Funding increase that also benefits surviving children who are between 18 and 22 and are seeking higher education in an approved educational program.
The John H. Bradley VA Outpatient Clinic Naming Legislation (Public Law 109-206) renamed the Department of Veterans Affairs outpatient clinic in Appleton, Wisconsin, after John H. `Doc' Brad-ley (July 10, 1923-January 11, 1994). Bradley, who was born in Antigo, Wisconsin, and grew up in Appleton, was a U.S. Navy corpsman during World War II. He was one of the six men who took part in the famous flag raising on Iwo Jima. Bradley received a Navy Cross for rushing to a wounded man's aid under heavy Japanese fire, and received several shrapnel wounds in his legs a few days later.
The Respect for America's Fallen Heroes Act (Public Law 109-228) protects the sanctity of military funerals in national cemeteries and Arlington National Cemetery from disruption by protestors. Major provisions of Public Law 109-228 as enacted:
- Prohibits demonstrations taking place within 300 feet of the entrance of a national cemetery and within 150 feet of a road, pathway, or other route of ingress or egress from national cemeteries and Arlington National Cemetery
- Prohibits demonstrations 60 minutes before and 60 minutes after a funeral in a national cemetery or Arlington National Cemetery.
The Jack C. Montgomery VA Medical Center Naming Legislation (Public Law 109-231) renamed the Department of Veterans Affairs in Muskogee, Oklahoma, as the Jack C. Montgomery Department of Veterans Affairs Medical Center. Montgomery, born in Long, Oklahoma, of Cherokee Indian ancestry, was awarded the Medal of Honor in World War II for his actions near Padiglione, Italy, on February 22, 1944. In addition to the Medal of Honor, Montgomery was awarded the Silver Star, the Bronze Star Medal, and the Purple Heart with Oak Leaf Cluster. On his release from the Army after World War II, Montgomery began a career with the VA in Muskogee, Oklahoma. When the Korean War began, Montgomery volunteered to serve as an instructor. After his discharge in 1953, he returned to the VA in Oklahoma, volunteering there after his retirement from government service. Montgomery died on June 11, 2002.
The Veterans' Housing Opportunity and Benefits Improvement Act of 2006 (Public Law 109-233) permanently strengthened Servicemembers' Group Life Insurance (SGLI) and Veterans' Group Life Insurance (VGLI); enhanced insurance provisions and protections for spouses of insurance policyholders; improved benefits for severely disabled veterans Native American veterans, and holders of VA home loans; codified additional diseases presumed to be caused by captivity as a prisoner of war; improved the assessment of disability claims for post traumatic stress disorder (PTSD); and required VA to improve its outreach activities. Major provisions of Public Law 109-233:
- Makes permanent the increase in the maximum coverage provided by SGLI and VGLI to $400,000 and incremental policy increases from $10,000 to $50,000.
- Requires notification of the spouse of a servicemember when such member elects a reduced amount of SGLI coverage or names a beneficiary other than the member's spouse or child.
- Classify the stillborn children of servicemembers as insurable dependents under the SGLI program.
- Extends from one to two years after active duty separation the period within which a totally disabled veteran may receive premium-free insurance coverage and elect to convert coverage from SGLI to VGLI.
- Permits the Secretary of Veterans Affairs to prescribe interest rate adjustment caps for certain adjustable rate mortgage loans guaranteed by VA.
- Provides permanent authority for VA to make direct housing loans to Native American veterans to buy, build, or improve dwellings on public land.
- Restores VA's authority to make specially adapted housing grants of up to $50,000 for certain severely disabled service-members still on active duty (due to a drafting mistake in The Veterans Benefits Improvement Act of 2004, Public Law 108-454, this authorization had been repealed).
- Permits the Secretary of Veterans Affairs, in the case of a service-disabled veteran residing, but not intending to permanently reside, in a residence owned by a family member, to help the veteran get adaptations determined reasonably necessary due to the veteran's disability.
- Codifies the addition of atherosclerotic heart disease or hypertensive vascular disease, stroke, and their complications to the list of diseases presumed to be associated with captivity as a prisoner of war, and therefore compensable under veterans' disability compensation.
- Requires the Assistant Secretary of Labor for Veterans' Employment and Training to provide information on the training and skills of veterans and disabled veterans to employers, and facilitate employment of such veterans through participation in labor exchanges and other means.
- Requires VA to develop and implement policy and training initiatives to standardize the assessment of PTSD disability claims.
- Requires VA to develop an annual plan to accomplish the outreach activities connected with health care and benefits statutorily mandated by United States Code.
The Veterans' Compensation Cost-of-Living Adjustment Act of 2006 (Public Law 109-361) increased the rates of compensation for veterans with service-connected disabilities and the rates of de-pendency indemnity compensation for survivors of certain disabled veterans. Important aspects of Public Law 109-361:
- A cost-of-living increase of 3.3 percent.
- Surviving spouses of veterans whose deaths were service-connected and their children benefit from the increase, as do surviving spouses who are so disabled that they need aid or are permanently housebound.
- The funding increase also benefits surviving children who are between 18 and 22 and are seeking higher education in an approved educational program.
The Veterans Benefits, Healthcare, and Information Technology Act of 2006 (Public Law 109-XX), S. 3421, as amended, passed the House on December 8, 2006, and the Senate on December 9, 2006. It would enhance veterans' benefits and health care by improving the ability of the Department of Veterans Affairs to secure sensitive personal information, allowing veterans to hire lawyers to represent them, and authorizing VA health care facility construction at sites nationwide. Important aspects of S. 3421, as amended include:
- Authorizes advanced planning for an innovative public-private partnership in health care facilities sharing in Charleston, SC.
- Authorizes more than $600 million for repair or replacement of flood-damaged facilities in New Orleans and elsewhere on the Gulf Coast. Further, the bill authorizes $98 million for the replacement of the VA medical center in Denver and directs the Secretary of Veterans Affairs to explore the viability of public-private partnerships as he moves forward there. Twenty-two other major construction projects in 15 states are authorized in the bill, which also approves continued leasing of eight medical facilities and requires VA to explore options for construction of a new medical facility in San Juan,
Puerto Rico.
Increases support for servicemembers returning from the War on Terror with improved VA outreach and $65 million to increase the number of clinicians treating post traumatic stress disorder (PTSD) and improve their training.
Creates a VA office of rural health and improves outreach for rural veterans.
Authorizes VA to reimburse state veterans' homes for the costs of care provided to veterans with a 70 percent or higher service-connected condition; further, veterans in these homes with service-connected conditions rated at least 50 percent would get their medications free of charge.
Increases access to long-term care with a VA pilot program that makes non-VA facilities such as community hospitals eligible for state veterans' home per diem payments.
Authorizes $2 million for additional blind rehabilitation specialists and increases the number of facilities where these specialists will be located.
Authorizes establishment of six Parkinson's Disease Research, Education, and Clinical Centers of Excellence, and at least two Multiple Sclerosis Centers of Excellence.
Directs VA to provide breach notification to individuals, re-ports to Congress, fraud alerts, data breach analysis, credit monitoring services and identity theft insurance. It also provides for an Information Security Education Assistance program, an incentive to allow VA the ability to recruit personnel with the information skills necessary to meet department requirements.
Expands eligibility for Dependants Education Assistance to the spouse or child of a servicemember hospitalized or receiving outpatient care before the servicemember's discharge for a total and permanent service-connected disability.
Allows veterans to hire an agent or attorney to represent them after a notice of disagreement has been filed.
Authorizes the VA Secretary to make grants to tribal organizations to help them establish, expand, or improve veterans' cemeteries on trust lands.
Contains provisions that will provide VA with additional tools to help it contract with veteran and disabled veteran-owned small businesses.
Strengthens training of the Department of Labor Disabled Veterans' Outreach Program Specialists and provides incentive awards for government employment service officers who get results.
Extends work-study benefits for positions at VA cemeteries, state veterans homes, and state approving agencies until June 30, 2007; benefits had been set to expire December 27, 2006.
Oversight--The Committee continued aggressive oversight of the federal government's programs and laws. Revelations in June 2005 of health care funding shortages for FYs 2005 and 2006 by VA's Under Secretary for Health during testimony at a Committee hearing and then confirmed by the VA Secretary led to extensive reforms of the Department's budget process. The Department quickly corrected budget problems which included use of unrealistic assumptions, errors in estimation, and insufficient data, leading to a strong FY 2007 budget.
After a decade's aggressive and focused oversight of VA's decentralized and mismanaged information systems by the 109th Congress, the tipping point leading to reform occurred in May 2006, with the theft of a VA computer and sensitive personal data on more than 26 million veterans and servicemembers. The Committee held a series of hearings that revealed a decentralized, inefficient and poorly coordinated IT system inferior to those found in leading private-sector technology and financial companies. This conclusive evidence of a system desperately in need of reform spurred the Secretary of Veterans Affairs to direct the centralization of information management and security under a Chief Information Officer. Passage late in the session of S. 3421, as amended, gave veterans important legislation supporting a sound information management system and safeguards for veterans, servicemembers, and their families.
Some progress has been made between VA and the Department of Defense in developing an interoperable system of electronic medical records partly in response to tenacious Committee oversight. However, during a congressional delegation visit to Kuwait, Iraq, Germany and Luxembourg in August 2006, Committee members saw wounded soldiers arrive at Landstuhl Regional Medical Center in Germany with their medical records in files on their chests. Clinicians at VA have told the Committee that the lack of an interoperable system able to share the full range of a patient's medical information can reduce their ability to provide quality care. The Department of Defense and VA, which has an excellent electronic medical records system, must develop a fully interoperable system that can share records, reducing delays and risks, and making transition truly seamless.
Budget and Appropriations--Funding for veterans' programs increased again during the 109th Congress. Overall funding for the Department of Veterans Affairs has risen $30 billion from approximately $48 billion in FY 2001 to over $78 billion for the FY 2007 budget. The FY 2007 budget represents an 11 percent increase in funding over the preceding year. Veterans medical care funding has risen from $20.2 billion in the FY 2001 budget to approximately $32.3 billion (not including collections) in the FY 2007 budget. The Department's discretionary budget increase for FY 2007 was exceeded only by the Defense Department, while funding for virtually all other federal agencies was either the same or cut.
With these funding increases, VA provides high-quality health care to more than 5 million patients, a million more than six years ago. The Department has significantly reduced its once enormous and excessive waiting lists for primary and specialty care appointments. Veterans who most need VA, the service disabled, catastrophically disabled, and indigent, are getting the care they earned through their service. The percentage of patients who report being seen within 20 minutes of scheduled appointments at VA health care facilities improved from 65 percent in 2002, to 73 percent through the end of last year. The percentage of primary care appointments scheduled within 30 days of the desired date improved from 89 percent in 2002, to 96 percent through the end of last year. Finally, the percentage of specialty care appointments scheduled within 30 days of the desired date improved from 86 percent in 2002, to 93 percent through last year.
Acknowledgments--The Committee on Veterans' Affairs is known for bipartisanship in its work to improve the health care and benefits for America's veterans and their families. The Committee has accomplished much during this session and has set the stage for a productive 110th Congress. We could not have done so without the leadership and stewardship of the Honorable Lane Evans of Illinois, the Committee's Ranking Member. To the great regret of all who know him and especially those of us who have been privileged to have worked with him on behalf of veterans and their families, our Ranking Member is retiring from Congress. Mr. Evans departs with our enduring thanks; and as he goes home, we wish him Godspeed. I thank the Honorable Bob Filner for his service as Acting Ranking Member. My especial appreciation goes to the Chairmen and Ranking Members of each Subcommittee for their dedicated work: Honorable Henry Brown and Honorable Michael Michaud of the Subcommittee on Health; Honorable Jeff Miller and Honorable Shelley Berkley of the Subcommittee on Disability Benefits and Memorial Assistance; Honorable John Boozman and Honorable Stephanie Herseth of the Subcommittee on Economic Assistance; and Honorable Mike Bilirakis and Honorable Ted Strickland of the Subcommittee on Oversight and Investigations. Chairman Bilirakis, whom I also relied on in his role as Committee Vice Chairman, is retiring this year. America's veterans and military retirees have few champions the likes of this dedicated advocate, whose tenacity and leadership secured for them the passage of historic concurrent receipt legislation in 2004. We shall miss him.
The Committee's success would not have been possible without the cooperation of our colleagues in the Senate. I thank Honorable Larry Craig, Chairman of the Senate Committee on Veterans' Affairs, and Honorable Daniel Akaka, the Committee's Ranking Member, as well as their Committee Members and staff. No Committee can function well without an expert and dedicated staff, and I extend my deep appreciation to the men and women of both the Minority and Majority staffs of the House Committee on Veterans' Affairs. Without their expert contributions, the accomplishments made this session for America's veterans and their families would not have been possible.
On behalf of the Committee, I especially thank the memberships of our nation's veterans service organizations and military service organizations for their service to country and for their service to our veterans and their families. So also do I thank the dedicated public servants of the Department of Veterans Affairs and those in other government agencies at the federal, state and local levels who serve our veterans.
The 109th Congress was not an event unto itself: it built on a solid foundation of support for veterans and their families laid down over the generations. In doing so, it becomes the foundation for future work. I am confident that in the 110th Congress we will engage in that work with all the resourcefulness, focus and purpose due the nation's obligation, in Lincoln's words, `to care for him who shall have borne the battle and for his widow, and his orphan.'
Steve Buyer,
Chairman.
| C O N T E N T S | Page | |
| Jurisdiction of the House Committee on Veterans' Affairs | 1 | |
| Veterans programs: | ||
| Department of Veterans Affairs | 2 | |
| Veterans Health Administration | ||
| 3 | ||
| Medical care | 3 | |
| Research | 4 | |
| Veterans Benefits Administration | ||
| 5 | ||
| Compensation and pension | 5 | |
| Insurance | 6 | |
| Education | 6 | |
| Home loan assistance | 6 | |
| Vocational Rehabilitation | 7 | |
| National Cemetery Administration | ||
| 7 | ||
| Department of Labor | 8 | |
| American Battle Monuments Commission | 8 | |
| Arlington National Cemetery | 9 | |
| Legislation enacted into law: | ||
| Public Law 109-80, Servicemembers' Group Life Insurance Enhancement Act of 2005, 09/20/2005 | 9 | |
| Public Law 109-111, Veterans' Compensation Cost-of-Living Adjustment Act of 2005, 11/22/2005 | 11 | |
| Public Law 109-206, to designate the VA outpatient clinic in Appleton, Wisconsin, as the `John H. Bradley Department of Veterans Affairs Out- patient Clinic', 3/23/2006 | 12 | |
| Public Law 109-228, Respect for America's Fallen Heroes Act, 5/29/2006 | 13 | |
| Public Law 109-231, to designate the VA medical center in Muskogee, Oklahoma as the `Jack C. Montgomery Department of Veterans Affairs Medical Center', 6/15/2006 | 14 | |
| Public Law 109-233, the Veterans' Housing Opportunities and Benefits Improvement Act of 2006, 6/15/2006 | 15 | |
| Public Law 109-361, the Veterans' Compensation Cost-of-Living Adjustment Act of 2006, 10/16/2006 | 18 | |
| Public Law 109-414, to designate the VA outpatient clinic in Farmington, Missouri as the `Robert Silvey Department of Veterans Affairs Outpatient Clinic', 12/18/2006 | 19 | |
| Public Law 109-XX, Veterans Benefits, Health Care and Information Technology Act of 2006, 12/22/2006 | 20 | |
| Activities of the Committee | 28 | |
| Activities of the Subcommittees | 44 | |
| Subcommittee on Health | 44 | |
| Subcommittee on Disability Assistance and Memorial Affairs | 54 | |
| Subcommittee on Economic Opportunity | 67 | |
| Subcommittee on Oversight and Investigations | 82 | |
| Summary of action by the Committee | 91 | |
| Hearings and Executive Sessions | 92 | |
| Committee web site | 96 | |
| Oversight Plan for the 109th Congress | 96 | |
| Report on the budget proposed for FY 2006 | 105 | |
| Report on the budget proposed for FY 2007 | 122 | |
| Messages from the President and other Executive Branch communications | 157 | |
| Statistical data--war veterans and dependents | 165 |
2d Session
109-737
--ACTIVITIES OF THE COMMITTEE ON VETERANS' AFFAIRS FOR THE 109TH CONGRESS
[To accompany ]
JURISDICTION
Rule X of the Rules of the House of Representatives establishes the standing committees of the House and their jurisdiction. Under that rule, all bills, resolutions, and other matters relating to the subjects within the jurisdiction of any standing committee shall be referred to such committee. Clause 1(s) of Rule X establishes the jurisdiction of the Committee on Veterans' Affairs as follows:
- (1) Veterans' measures generally.
- (2) Cemeteries of the United States in which veterans of any war or conflict are or may be buried, whether in the United States or abroad (except cemeteries administered by the Secretary of the Interior).
- (3) Compensation, vocational rehabilitation, and education of veterans.
- (4) Life insurance issued by the Government on account of service in the Armed Forces.
- (5) Pensions of all the wars of the United States, general and special.
- (6) Readjustment of servicemembers to civil life.
- (7) Servicemembers' civil relief.
- (8) Veterans' hospitals, medical care, and treatment of veterans.
The Committee on Veterans' Affairs was established January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested with jurisdiction formerly exercised by the Committee on World War Veterans' Legislation, Invalid Pensions, and Pensions. Jurisdiction over veterans' cemeteries administered by the Department of Defense was transferred from the Committee on Interior and Insular Affairs on October 20, 1967, by H. Res. 241, 90th Congress. The Committee during the 109th Congress had 28 members, and one vacancy, 15 in the majority and 13 in the minority.
VETERANS PROGRAMS
DEPARTMENT OF VETERANS AFFAIRS
The Department of Veterans Affairs (VA) is responsible or providing federal healthcare and benefits to veterans and their families. The Department is headed by the Secretary of Veterans Affairs and is the second largest of the 15 cabinet departments. The VA operates nationwide programs for health care, financial assistance and burial benefits.
The Department of Veterans Affairs was established on March 15, 1989, succeeding the Veterans Administration, which had been formed in 1930, consolidating several government agencies that provided services to veterans. At that time, VA had 54 hospitals and 31,600 employees, and the nation had 4.7 million veterans. Today VA employs more than 235,000 men and women who serve a large portion of the nation's 25 million veterans. About half of VA's male employees are themselves veterans.
VA employees provide health care to more than 5 million patients in 154 medical centers, nearly 900 community-based outpatient clinics, and hundreds of other sites of care. Annually, the Department's inpatient facilities treat nearly 600,000 patients, and its outpatient clinics register more than 57 million visits. In addition, VA has be-come a health care industry leader in research, rehabilitation, use of technology and patient safety.
Approximately a quarter of the nation's population is potentially eligible for VA benefits and services because they are veterans, family members or survivors of veterans. The Department provides more than $30 billion in disability compensation, death compensation and pensions to 3.5 million people. More than 550,000 spouses, children and parents of deceased veterans also receive VA benefits. In addition to guaranteeing home loans valued at over $200 billion, VA supervises the Servicemembers' Group Life Insurance and the Veterans' Group Life Insurance programs. Together, these programs provide some $1.1 trillion in insurance to 4.5 million servicemembers and veterans, plus 3 million family members.
The Department maintains 123 national cemeteries in 39 states and Puerto Rico. With the largest national cemetery expansion since
the Civil War underway, by 2009, VA will serve 90 percent of veterans with a national or state veterans cemetery within 75 miles of their homes. The Department also manages the Presidential Memorial Certificate program, which provides next of kin or loved ones with certificates signed by the President to commemorate honorably discharged, deceased veterans.
VETERANS HEALTH ADMINISTRATION
Medical Care
Perhaps the most visible of all VA benefits and services is health care. From 54 hospitals in 1930, VA's health care system now includes 154 medical centers, with at least one in each state, Puerto Rico and the District of Columbia. VA operates more than 1,300 sites of care, including 875 ambulatory care and community-based outpatient clinics, 136 nursing homes, 43 residential rehabilitation treatment programs, 206 Veterans Centers and 88 comprehensive homecare programs. VA health care facilities provide a broad spectrum of medical, surgical and rehabilitative care.
More than 5.3 million people received care in VA health care facilities in 2005. By the end of FY 2005, 78 percent of all disabled and low-income veterans had enrolled with VA for health care; 65 percent of them were treated by VA. In 2005, VA inpatient facilities treated 587,000 patients. VA's outpatient clinics registered nearly 57.5 million visits.
VA manages the largest medical education and health professions training program in the United States. VA facilities are affiliated with 107 medical schools, 55 dental schools and more than 1,200 other schools across the country. Each year, about 83,000 health professionals are trained in VA medical centers. More than half of the physicians practicing in the United States had some of their professional education in the VA health care system.
VA's medical system serves as a backup to the Defense Department during national emergencies and as a federal support organization during major disasters.
During the last six years, VA has put its health care facilities under 21 networks, which provide more medical services to more veterans and family members than at any time during VA's long history.
VA has experienced unprecedented growth in the medical system workload over the past few years. The number of patients treated increased by 22 percent from 4.1 million in 2001 to more than 5.3 million in 2005.
To receive VA health care benefits most veterans must enroll. The VA health care system had 7.7 million veterans who were enrolled as of October 2005. When they enroll, they are placed in priority groups or categories that help VA manage health care services within budgetary constraints and ensure quality care for those enrolled.
Some veterans are exempted from having to enroll. People who do not have to enroll include veterans with a service-connected disability of 50 percent or more, veterans who were discharged from the military within one year but have not yet been rated for a VA disability benefit and veterans seeking care for only a service-connected disability.
Veterans with service-connected disabilities receive priority access to care for hospitalization and outpatient care.
Since 1979, VA's Readjustment Counseling Service has operated Vet Centers, which provide psychological counseling for war-related trauma, community outreach, case management and referral activities, plus supportive social services to veterans and family members. There are 206 Vet Centers.
Since the first Vet Center opened, approximately 2 million veterans have been helped. Every year, the Vet Centers serve over 130,000 veterans and provide more than 1 million visits to veterans and family members.
Vet Centers are open to any veteran who served in the military in a combat theater during wartime or anywhere during a period of armed hostilities. Vet Centers also provide trauma counseling to veterans who were sexually assaulted or harassed while on active duty, and bereavement counseling to the families of service members who die on active duty.
VA provides health care and benefits to more than 100,000 home-less veterans each year. While the proportion of veterans among the homeless is declining, VA actively engages veterans in outreach, medical care, benefits assistance and transitional housing. VA has made more than 307 grants for transitional housing, service centers and vans for outreach and transportation to state and local governments, tribal governments, non-profit community and faith-based service providers.
Programs for alcoholism, drug addiction and post-traumatic stress disorder have been expanded in recent years, along with attention to environmental hazards.
Indispensable to providing America's veterans with quality medical care are more than 134,000 volunteers in VA's Voluntary Service who donate 13 million hours each year to bring companionship and care to hospitalized veterans.
Research
In 2005, estimated funding for VA research is $390 million. An-other $341 million from VA's medical care account will support re-search efforts. Funding from non-VA sources, such as the National Institutes of Health, other government agencies and pharmaceutical companies, will contribute another $819 million to VA research. VA currently supports approximately 3,800 researchers at 115 VA medical centers, and its Career Development program provides young scientists and opportunity to develop skills as clinician-researchers.
While providing high quality health care to the nation's veterans, VA also conducts an array of research on some of the most difficult challenges facing medical science today. VA has become a world leader in such research areas as aging, women's health, AIDS, post-traumatic stress disorder and other mental health issues. VA research has improved medical care for veterans and the nation.
VA researchers played key roles in developing the cardiac pace-maker, the CT scan, radioimmunoassay and improvements in artificial limbs. The first liver transplant in the world was performed by a VA surgeon-researcher. VA clinical trials established the effectiveness of new treatments for tuberculosis, schizophrenia and high blood pressure. The `Seattle Foot' developed in VA allows people with amputations to run and jump. VA contributions to medical knowledge have won VA scientists many awards, including the Nobel Prize and the Lasker Award.
Nearly 83 percent of VA researchers are practicing physicians. Because of their dual roles, VA research often immediately benefits patients. Functional electrical stimulation, a technology using con-trolled electrical currents to activate paralyzed muscles, is being developed at VA clinical facilities and laboratories throughout the country. Through this technology, paraplegic patients have been able to grasp objects, stand and even walk short distances.
Special VA `centers of excellence' throughout the nation conduct research in rehabilitation, health services and medical conditions, including AIDS, alcoholism, schizophrenia, stroke and Parkinson's disease. Multi-center clinical trials investigate the best therapy for various diseases. Current projects include testing aspirin therapy for heart patients, surgical treatment to reduce the risk of stroke and treatment options for prostate cancer.
VA investigators continue to make major contributions to the understanding of post-traumatic stress disorder and Agent Orange exposure, both research areas resulting from the Vietnam War. VA has conducted a number of Gulf War-related research projects and has two environmental hazards research centers focusing on the possible health effects of environmental exposures among Gulf War veterans.
VETERANS BENEFITS ADMINISTRATION
Compensation and Pension
Disability compensation is a monetary benefit paid to veterans who are disabled by injury or disease incurred or aggravated during active military service. Veterans with low incomes who are permanently and totally disabled may be eligible for monetary support through
VA's pension program. In FY 2005, VA provided $30.8 billion in disability compensation, death compensation and pension to 3.5 million people. About 3 million veterans received disability compensation or pensions from VA. Also receiving VA benefits were 558,490 spouses, children and parents of deceased veterans. Among them are 159,448 survivors of Vietnam-era veterans and 256,572 survivors of World War II veterans.
Education and Training
Since 1944, when the first GI Bill began, more than 21.3 million veterans, service members and family members have received $72.8 billion in GI Bill benefits for education and training. The number of GI Bill recipients includes 7.8 million veterans from World War II, 2.4 million from the Korean War and 8.2 million post-Korean and Vietnam era veterans, plus active duty personnel. Since the dependent's program was enacted in 1956, VA also has assisted in the education of more than 700,000 dependents of veterans whose deaths or total disabilities were service-connected. Since the Vietnam-era, there have been approximately 2.3 million veterans, service members, reservists and National Guardsmen who have participated in the Veterans' Educational Assistance Program, established in 1977, and the Montgomery GI Bill, established in 1985.
In 2005, VA helped pay for the education or training of 336,347 veterans and active-duty personnel, 87,589 reservists and National Guardsmen and 74,360 survivors.
Home Loan Assistance
From 1944, when VA began helping veterans purchase homes under the original GI Bill, through May 2006, more than 18 million VA home loan guarantees have been issued, with a total value of $892 billion. VA began FY 2006 with 2.3 million active home loans, reflecting amortized loans totaling $202.1 billion.
In FY 2005, VA guaranteed 165,854 loans valued at $25 billion. VA's programs for specially adapted housing helped about 587 disabled veterans with grants totaling more than $26 million last year.
Insurance
VA operates one of the largest life insurance programs in the world. VA directly administers six life insurance programs. In addition, VA supervises the Servicemembers' Group Life Insurance and the Veterans' Group Life Insurance programs. These programs provide $1.1 trillion in insurance coverage to 4.5 million veterans, active-duty members, reservists and Guardsmen, plus 3 million spouses and children.
The Traumatic Injury Protection program under Servicemembers' Group Life Insurance provides coverage for losses incurred due to traumatic injuries. Benefit amounts range from $25,000 to $100,000, depending on the loss. This program covers 2.4 million members.
In 2005, the VA life insurance programs returned $462 million in dividends to 1.5 million veterans holding some of these VA life insurance policies, and paid an additional $2.1 billion in death claims and other disbursements.
Vocational Rehabilitation
VA's Vocational Rehabilitation and Employment Program provides services to enable veterans with service-connected disabilities to achieve maximum independence in daily living, and, to the maximum extent feasible, to obtain and maintain employment. During FYs 1998 through 2005, 69,806 program participants achieved rehabilitation by obtaining and maintaining suitable employment. Additionally, during that same period, 12,656 participants achieved rehabilitation through maximum independence in daily living.
NATIONAL CEMETERY ADMINISTRATION
VA's National Cemeteries
In 1973, the Army transferred 82 national cemeteries to VA, which now manages them through its National Cemetery Administration. Currently, VA maintains 123 national cemeteries in 39 states and Puerto Rico.
In 2005, VA national cemeteries conducted 93,246 interments. That number is likely to increase to 109,000 in 2008. In 2005, VA provided 363,901 headstones or markers for veterans' graves. Since taking over the veterans cemetery program in 1973, VA has provided more than 9.2 million headstones and markers.
Between 1999 and 2005, VA opened seven new national cemeteries: the Gerald B. H. Solomon Saratoga National Cemetery near Albany, N.Y.; the Abraham Lincoln National Cemetery near Chicago; the Dallas-Fort Worth National Cemetery; the Ohio Western Reserve National Cemetery near Cleveland; the Fort Sill National Cemetery near Oklahoma City; the National Cemetery of the Alleghenies near Pittsburgh and the Great Lakes National Cemetery near Detroit. This year, VA plans to open two more national cemeteries near Atlanta and Sacramento, Calif., and a third one next year in Palm Beach County, Fla. Future plans include six new national cemeteries near Philadelphia; Jacksonville, Fla.; Sarasota, Fla.; Birmingham, Ala.; Greenville/Columbia, S.C.; and Bakersfield, Calif. By 2009, these nine cemeteries will help VA serve 90 percent of veterans with a national cemetery or state veterans cemetery within 75 miles of their homes.
VA administers the Presidential Memorial Certificate program, which provides gold embossed certificates signed by the president to commemorate honorably discharged, deceased veterans. They are sent to the veteran's next of kin and loved ones. VA provided 487,809 certificates in 2005.
VA also administers the State Cemetery Grants Program, which encourages development of state veterans cemeteries. VA provides up to 100 percent of the funds to develop, expand or improve veterans cemeteries operated and maintained by the states. More than $258 million has been awarded for 63 operational veterans cemeteries in 34 states and Guam. Five state cemeteries are under construction. In 2005, state cemeteries that received VA grants buried 20,882 eligible veterans and family members.
DEPARTMENT OF LABOR
VETERANS' EMPLOYMENT AND TRAINING
The Veterans' Employment and Training Service (VETS) of the Department of Labor provides employment and training services to eligible veterans through a non-competitive Jobs for Veterans State Grants Program. Under this grant program, funds are allocated to State Workforce Agencies in direct proportion to the number of veterans seeking employment within their state.
AMERICAN BATTLE MONUMENTS COMMISSION
The American Battle Monuments Commission (ABMC), created by an Act of Congress in 1923, is a Federal agency responsible for the construction and permanent maintenance of military cemeteries and memorials on foreign soil, as well as certain memorials in the United States. Its principal functions are to commemorate, through the erection and maintenance of suitable memorial shrines, the sacrifices and achievements of the American armed forces where they have served since April 6, 1917; to design, construct, operate, and maintain permanent American military burial grounds and memorials in foreign countries; to control the design and construction on foreign soil of U.S. military monuments and markers by other U.S. citizens and organizations, both public and private; and to encourage U.S. government agencies and private individuals and organizations to maintain adequately the monuments and markers erected by them on foreign soils. ABMC also provides information and assistance, on request, to relatives and friends of the war dead interred or commemorated at its facilities.
In performance of its functions, ABMC administers, operates and maintains 24 permanent American military cemetery memorials and 22 monuments, memorials, markers and separate chapels in fourteen foreign countries, the Commonwealth of the Northern Mariana Islands, Gibraltar, and three memorials in the United States. When directed by Congress, ABMC develops and erects national military monuments in the United States, such as the Korean War Veterans Memorial and most recently, the World War II National Memorial.
ARLINGTON NATIONAL CEMETERY
Arlington Mansion and 200 acres of ground immediately surrounding it were designated as a military cemetery on June 15, 1864, by Secretary of War Edwin M. Stanton. With more than 200,000 people buried, Arlington National Cemetery has the second largest number of people buried of any national cemetery in the United States. Arlington National Cemetery is administered by the Department of the Army.
Veterans from all the Nation's wars and conflicts are buried in the cemetery, from the American Revolution through Operation Iraqi Freedom. The cemetery conducts approximately 6,452 burials each year. In addition to in-ground burial, the cemetery has a large columbarium for cremated remains. Seven courts are currently in use, each with 5,000 niches. Arlington is the site of many non-funeral ceremonies, and approximately 3,700 such ceremonies are conducted each year. Arlington is expected to continue to provide burials through the year 2060 with its recently approved capital investment plan.
LEGISLATION ENACTED INTO LAW
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PUBLIC LAW 109-80
SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENT ACT OF 2005
(H.R. 3200, AS AMENDED)
Title: An Act to amend title 38, United States Code, to enhance the Servicemembers' Group Life Insurance program, and for other purposes.
H.R. 3200, as amended:
1. Effective August 31, 2005, repealed section 1012 of Public Law 109-13, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, which expired on September 30, 2005. Section 1012 of the Supplemental made changes to the Servicemembers' and Veterans' Group Life Insurance programs (SGLI and VGLI, respectively) operated by the Department of Veterans Affairs;
2. Increases from $250,000 to $400,000 the automatic maximum in coverage under the Servicemembers' Group Life Insurance (SGLI) and Veterans' Group Life Insurance (VGLI) programs;
3. Requires the service Secretary concerned to notify in writing the member's spouse or, if the member is unmarried, the next of kin, if the member elects not to enroll in SGLI or elects an amount less than the maximum amount. When an unmarried member marries, the service Secretary concerned is required to notify the servicemembers' spouse as to whether the member is insured under SGLI, or insured at an amount less than the maximum;
4. Requires the service Secretary concerned to notify in writing the spouse of a servicemember when someone other than the spouse or child is designated as the policy beneficiary. When an unmarried servicemember marries, the Secretary concerned must notify the spouse if the servicemember designates someone other than the spouse or child as the policy beneficiary;
5. Increases the increments of SGLI coverage a servicemember may elect from $10,000 to $50,000; and
6. Permits a servicemember to decline participation in the Traumatic Injury Protection program provided by section 1032 of Public Law 109-13, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. If a servicemember who has declined traumatic injury protection coverage wishes to enroll at a later date, the servicemember can elect coverage upon written application, proof of good health, and compliance with such other terms as the Secretary may require.
Effective Date: August 31, 2005
Cost: The Congressional Budget Office (CBO) estimated that implementing this bill would cost $95 million in 2006, and $199 mil-lion over the 2006-2010 period, assuming appropriation of the necessary amounts. Enacting H.R. 3200 had no direct affect on spending or revenues.
Legislative History:
July 11, 2005: H.R. 3200 referred to the Subcommittee on Disability Assistance and Memorial Affairs.
July 13, 2005: Subcommittee on Disability Assistance and Memorial Affairs held a markup session. Ordered reported favorably by voice vote.
July 14, 2005: Full Committee held markup session. Ordered reported favorably by unanimous voice vote.
July 20, 2005: Placed on the Union Calendar, Calendar No. 111.
July 26, 2005: On motion to suspend the rules and pass the bill agreed to by the yeas and nays: 428-0 (Roll No. 420).
July 27, 2005: Referred to the Senate Committee on Veterans' Affairs.
September 27, 2005: Senate Committee on Veterans' Affairs discharged by Unanimous Consent. Passed Senate with an amendment by Unanimous Consent.
September 28, 2005: House agreed to Senate amendment under Suspension of the Rules by a unanimous voice vote.
September 30, 2005: Signed by the President. (Public Law 109-80)
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PUBLIC LAW 109-111
VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2005
(S. 1234)
Title: Veterans' Compensation Cost-of-Living Adjustment Act of 2005
A bill to increase, effective as of December 1, 2005, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans.
S. 1234:
Increased, as of December 1, 2005, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children.
Legislative History:
June 14, 2005: Introductory remarks on measure.
June 14, 2005: Read twice and referred to the Committee on Veterans' Affairs.
June 23, 2005: Committee on Veterans' Affairs. Hearings held.
July 28, 2005: Committee on Veterans' Affairs Markup. Ordered to be reported without amendment favorably.
September 21, 2005: Committee on Veterans' Affairs. Reported by Senator Craig without amendment. With written report No. 109-138.
September 21, 2005: Placed on Senate Legislative Calendar under General Orders. Calendar No. 217.
November 16, 2005: Measure laid before Senate by unanimous consent.
November 16, 2005: Passed Senate with an amendment by Unanimous Consent.
November 16, 2005: Received in the House.
November 16, 2005: Mr. Buyer asked unanimous consent to take from the Speaker's table and consider. Considered by unanimous consent. On passage Passed without objection. Motion to reconsider laid on the table Agreed to without objection.
November 16, 2005: Message on Senate action sent to the House.
November 16, 2005: Cleared for White House.
November 17, 2005: Message on Senate action sent to the House.
November 18, 2005: Presented to President.
November 22, 2005: Signed by President. (Public Law No. 109-111)
Note: H.R. 1220 was the companion bill introduced in the House.
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PUBLIC LAW 109-206
AN ACT TO DESIGNATE THE DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC IN APPLETON, WISCONSIN AS THE `JOHN H. BRADLEY DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC.'
(H.R. 1691)
Title: To designate the Department of Veterans Affairs outpatient clinic in Appleton, Wisconsin, as the `John H. Bradley Department of Veterans Affairs Outpatient Clinic.'
H.R. 1691:
Designates the Department of Veterans Affairs outpatient clinic in Appleton, Wisconsin, as the `John H. Bradley Department of Veterans Affairs Outpatient Clinic.'
Legislative History:
April 19, 2005: Referred to the House Committee on Veterans' Affairs.
April 25, 2005: Referred to the Subcommittee on Health.
October 12, 2005: Subcommittee on Health Discharged.
October 20, 2005: Committee Consideration and Mark-up Session Held.
October 20, 2005: Ordered to be Reported by Unanimous Con-sent.
November 2, 2005: Mr. Buyer moved to suspend the rules and pass the bill.
November 2, 2005: Considered under suspension of the rules.
November 2, 2005: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
November 2, 2005: Considered as unfinished business.
November 2, 2005: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407--0 (Roll No. 561)
November 2, 2005: Motion to reconsider laid on the table Agreed to without objection.
November 4, 2005: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
March 13, 2006: Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
March 13, 2006: Passed Senate without amendment by Unanimous Consent.
March 13, 2006: Cleared for White House.
March 14, 2006: Message on Senate action sent to the House.
March 17, 2006: Presented to President.
March 23, 2006: Signed by President. (Public Law No. 109-206)
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PUBLIC LAW 109-228
RESPECT FOR AMERICA'S FALLEN HEROES ACT
(H.R. 5037)
Title: Respect for America's Fallen Heroes Act
H.R. 5037:
Prohibits a demonstration within 500 feet of a cemetery under the control of the National Cemetery Administration or Arlington National Cemetery, beginning 60 minutes before and ending 60 minutes after a funeral, memorial service or ceremony, unless it has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; and defines the term `demonstration' to include any picketing or similar conduct; any oration, speech, use of sound amplification equipment or device, or similar conduct before an assembled group of people that is not part of a funeral or memorial service or ceremony; the display of any placard, banner, flag, or similar device, unless the display is part of a funeral or memorial service or ceremony; and the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral or memorial service or ceremony.
Provides fines up to $100,000 and/or imprisonment for not more than one year for violation of the prohibition on demonstrations. Expresses the sense of Congress that each State should enact legislation to restrict demonstrations near any military funeral.
Legislative History:
March 29, 2006: Referred to the Committee on Veterans' Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
March 29, 2006: Referred to House Committee on Veterans' Affairs.
April 5, 2006: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
April 6, 2006: Subcommittee Hearings Held.
April 24, 2006: Subcommittee on Disability Assistance and Memorial Affairs Discharged.
March 29, 2006: Referred to House Committee on the Judiciary.
May 1, 2006: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
May 9, 2006: Mr. Buyer moved to suspend the rules and pass the bill. Considered under suspension of the rules. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. Considered as unfinished business. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 408--3 (Roll No. 129).
May 10, 2006: Received in the Senate, read twice.
May 24, 2006: Measure laid before Senate by unanimous consent. Passed Senate with an amendment by Unanimous Consent. Message on Senate action sent to the House.
May 24, 2006: Mr. Buyer moved that the House suspend the rules and agree to the Senate amendment. On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
May 24, 2006: Cleared for White House.
May 25, 2006: Presented to President.
May 29, 2006: Signed by President. (Public Law No. 109-228)
Note: S. 2779 was the companion bill introduced in the Senate.
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PUBLIC LAW 109-231
TO DESIGNATE THE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN MUSKOGEE, OKLAHOMA AS THE `JACK C. MONTGOMERY DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER.'
(H.R. 3829)
Title: An Act to designate the Department of Veterans Affairs Medical Center in Muskogee, Oklahoma, as the `Jack C. Montgomery Department of Veterans Affairs Medical Center.'
H.R. 3829:
Renamed the VA Medical Center in Muskogee, Oklahoma as the `Jack C. Montgomery Department of Veterans Affairs Medical Center'. Jack C. Montgomery was born in and remained a life-long resident of Oklahoma. He served as a First Lieutenant in the United States Army's 45th Infantry Division during World War II. For his service with the 45th Infantry Division during 1944, Mr. Montgomery received the Medal of Honor for conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty.
Legislative History:
September 20, 2005: Referred to the House Committee on Veterans' Affairs.
September 26, 2005: Referred to the Subcommittee on Health.
May 4, 2006: Subcommittee on Health Discharged.
May 9, 2006: Mr. Buyer moved to suspend the rules and pass the bill. Considered under suspension of the rules. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. Considered as unfinished business. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407--0 (Roll No. 130)
May 10, 2006: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
May 26, 2006: Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
May 26, 2006: Passed Senate without amendment by Unanimous Consent.
May 26, 2006: Message on Senate action sent to the House.
May 26, 2006: Cleared for White House.
June 8, 2006: Presented to President.
June 15, 2006: Signed by President. (Public Law No. 109-231)
Note: S. 1731 was the companion bill introduced in the Senate.
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PUBLIC LAW 109-233
VETERANS' HOUSING OPPORTUNITY AND BENEFITS IMPROVEMENT ACT OF 2006
(S. 1235)
Title: Veterans' Housing Opportunity and Benefits Improvement Act of 2006
S. 1235:
TITLE I--HOUSING MATTERS
Authorizes a 5-year pilot program to provide adaptive housing assistance, not to exceed $14,000, to disabled veterans residing temporarily in housing owned by a family member. Offsets to pay for the pilot would come from an increase of 5 basis points in the funding fee for second and subsequent use of the VA home loan guarantee (with no money down) through September 30, 2007.
Provides VA the flexibility to prescribe an appropriate annual rate adjustment cap for VA hybrid ARM loans with an initial rate of interest fixed for 5 or more years.
Makes permanent the pilot program allowing the Secretary to make direct home loans to Native American Indians.
Reinstates the Secretary's authority to provide adaptive housing assistance to certain members of the armed forces who would otherwise qualify but have not yet separated from service.
TITLE II--EMPLOYMENT MATTERS
Requires the Assistant Secretary of Labor for Veterans' Employment and Training to furnish information to employers regarding training and skills of veterans and disabled veterans, and the advantages of hiring veterans and disabled veterans.
Changes the title of the `Advisory Committee on Veterans Employment and Training' to `Advisory Committee on Veterans Employment, Training, and Employer Outreach.'
Modifies the membership of the Advisory Committee to reflect the expanded emphasis on outreach to employers, and expand the duties of the Advisory Committee to assist the Assistant Secretary in carrying out outreach activities to employers.
Reauthorizes the Homeless Veterans Reintegration Program for FYs 2007 through 2009, and retain the maximum authorization of $50 million per year.
TITLE III--LIFE AND HEALTH INSURANCE MATTERS
Extends free post-separation SGLI coverage for totally disabled veterans from 1 to 2 years through September 30, 2011. On October 1, 2011, free post-separation coverage would be reduced to 18 months. After that, the veteran can convert to either Veterans' Group Life Insurance or a commercial policy.
Amends the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance coverage of servicemembers who are released from active duty.
Amends the Uniformed Services Employment and Reemployment Rights Act to preserve employer-sponsored health plan reinstatement rights for certain Reserve component members who acquire TRICARE eligibility prior to entering active duty.
TITLE IV--OTHER MATTERS
Codifies a 2005 VA regulation adding heart disease and strokes to the list of diseases presumed to be service-connected for former prisoners of war who were interred for at least 30 days.
Requires VA to prepare, biennially, an outreach plan governing 2 years beginning on October 1, 2007. VA would also be required to report biennially on the execution of the plan beginning on October 1, 2008.
Extends the equitable relief reporting requirement through December 31, 2009.
TITLE V--TECHNICALS
Makes technical and clarifying amendments to the Traumatic Injury Protection plan to more clearly specify the responsibilities of the different service branches, and conforms the wording to match title 38 drafting.
Eliminate the terms `helpless' throughout compensation and DIC chapters of title 38 when referring to a significantly disabled veteran.
Legislative History:
June 14, 2005: Introductory remarks on measure.
June 14, 2005: Read twice and referred to the Committee on Veterans' Affairs.
June 23, 2005: Committee on Veterans' Affairs. Hearings held.
July 28, 2005: Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably (As approved by the Committee, the substitute amendment incorporated related provisions of S. 1235, as introduced, S. 552, S. 917, S. 151, S. 1259, S. 1271, and S. 423).
September 21, 2005: Committee on Veterans' Affairs. Reported by Senator Craig with an amendment in the nature of a substitute and an amendment to the title. With written report No. 109-139.
September 21, 2005: Placed on Senate Legislative Calendar under General Orders. Calendar No. 218.
September 28, 2005: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
September 29, 2005: Received in the House.
September 29, 2005: Message on Senate action sent to the House.
September 29, 2005: Referred to the House Committee on Veterans' Affairs.
May 22, 2006: Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended. Considered under suspension of the rules. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. Considered as unfinished business. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 372--0 (Roll No. 177). The title of the measure was amended. Agreed to without objection.
May 23, 2006: Message on House action received in Senate and at desk: House amendments to Senate bill.
May 23, 2006: Senate agreed to House amendments by Unanimous Consent.
May 25, 2006: Cleared for White House.
June 7, 2006: Presented to President.
June 15, 2006: Signed by President. (Public Law No. 109-233)
Note: H.R. 3665 was the companion bill introduced in the House.
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PUBLIC LAW 109-361
VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2006
(S. 2562)
Title: Veterans' Compensation Cost-of-Living Adjustment Act of 2006
S. 2562, as amended:
Provides effective December 1, 2006, a cost-of-living adjustment to the rates of disability compensation for veterans with service-connected disabilities and to the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans. The percentage amount is equal to the increase for benefits provided under the Social Security Act, which is calculated based upon changes in the Consumer Price Index.
Legislative History:
April 4, 2006: Introductory remarks on measure.
April 6, 2006: Read twice and referred to the Committee on Veterans' Affairs.
June 8, 2006: Committee on Veterans' Affairs. Hearings held.
June 22, 2006: Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.
July 27, 2006: Committee on Veterans' Affairs. Reported by Senator Craig without amendment. With written report No. 109-296.
July 27, 2006: Placed on Senate Legislative Calendar under General Orders. Calendar No. 539.
September 21, 2006: Measure laid before Senate by unanimous consent.
September 21, 2006: Passed Senate with an amendment by Unanimous Consent.
September 22, 2006: Message on Senate action sent to the House.
September 25, 2006: Received in the House.
September 25, 2006: Held at the desk.
September 30, 2006: Mr. Buyer asked unanimous consent to
take from the Speaker's table and consider. Considered by unanimous consent. On passage Passed without objection. Motion to reconsider laid on the table Agreed to without objection.
September 30, 2006: Cleared for White House.
October 5, 2006: Presented to President.
October 16, 2006: Signed by President. (Public Law No. 109-361)
Note: H.R. 4843 was the companion bill introduced in the House.
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PUBLIC LAW 109-414
TO DESIGNATE THE OUTPATIENT CLINIC OF THE DEPARTMENT OF VETERANS AFFAIRS LOCATED IN FARMINGTON, MISSOURI, AS THE `ROBERT SILVEY DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC.'
(S. 4073)
Title: To designate the outpatient clinic of the Department of Veterans Affairs located in Farmington, Missouri, as the `Robert Silvey Department of Veterans Affairs Outpatient Clinic.'
S. 4073:
Renames the Department of Veterans Affairs outpatient clinic in Farmington, Missouri as the `Robert Silvey Department of Veterans Affairs Outpatient Clinic.'
Legislative History:
November 16, 2006: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.
November 17, 2006: Message on Senate action sent to the House.
December 5, 2006: Received in the House.
December 5, 2006: Referred to the House Committee on Veterans' Affairs.
December 6, 2006: Mr. Brown (SC) moved to suspend the rules and pass the bill.
December 6, 2006: Considered under suspension of the rules. On motion to suspend the rules and pass the bill Agreed to by voice vote.
December 6, 2006: Cleared for White House.
December 11, 2006: Presented to President.
December 18, 2006: Signed by President. (Public Law No. 109-414)
Note: H.R. 5994 was the companion bill introduced in the House.
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PUBLIC LAW 109-XXX
VETERANS BENEFITS, HEALTH CARE, AND INFORMATION TECHNOLOGY ACT OF 2006
(S. 3421)
Title: Veterans Benefits, Health Care, and Information Technology Act of 2006
S. 3421, as amended:
TITLE I--VETERANS' ATTORNEY REPRESENTATION
Sec. 101. Allows veterans dissatisfied with a decision of Department of Veterans Affairs to retain and pay an agent or attorney for representation. Sets forth additional grounds for suspending or excluding agents and attorneys from representation of veterans. Requires the VA Secretary to promulgate regulations for implementing the provisions.
TITLE II--HEALTH MATTERS
Sec. 201. Authorizes the VA to hire marriage and family therapists and licensed mental health counselors. Requires the VA to provide Congress with a report on marriage and family therapy workload for the treatment of post-traumatic stress disorder.
Sec. 202. Provides authority for the VA to increase pay for the position of the Chief Nursing Officer not to exceed the maximum rate established for the Senior Executive Service.
Sec. 203. Requires VA to ensure that each VA Community Based Outpatient Clinic (CBOC) has the capacity to provide mental health services. Requires VA's National Center on Post-Traumatic Stress Disorder (PTSD) to collaborate with DOD to enhance training and treatment of PTSD and promote pre- and post-deployment resilience of veterans, and authorizes $2 million to be appropriated for carrying out the collaborative PTSD requirements. Requires VA to review PTSD clinical guidelines to enable clinicians to better distinguish between PTSD and traumatic brain injury.
Sec. 204. Consistent with privacy laws, authorizes VA to release needed information for organ donation. Requires VA to prescribe regulations within 180 days of enactment.
Sec. 205. Increases the number of Vet Centers capable of providing health services and counseling through tele-health linkages with VA medical facilities.
Sec. 206. Directs the VA Secretary to publish a strategic plan for long-term care of veterans.
Sec. 207. Requires VA to establish Blind Rehabilitation Outpatient Specialists at not fewer than 35 additional VA facilities within 30 months after the date of enactment. Authorizes $3.5 million for FY 2007 through FY 2012 for new positions.
Sec. 208. Extends through 2008 a report requirement concerning VA's compliance requirements to maintain capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans. Extends authorization for the biennial report of the VA Advisory Committee on Women Veterans through 2008.
Sec. 209. Permanently authorizes, subject to appropriations, at least six VA Parkinson's Disease Research Education and Clinical Centers (PADRECCs) and at least two Multiple Sclerosis Centers of Excellence.
Sec. 210. Repeals the four-year terms of office for the Under Secretary for Health and Under Secretary for Benefits positions.
Sec. 211. Expands authorities for State veterans' homes. Requires the VA Secretary to reimburse State veterans' homes for the cost of care of a veteran with a 70 percent or greater service-connected condition and would require that medications be provided, at no cost, to veterans with a 50 percent or greater service-connected disability. Authorizes a VA pilot program to deem a total of 100 beds in non-VA facilities to be eligible for State veterans' home per diem payments.
Sec. 212. Establishes a VA Office of Rural Health Care. Requires the Director of the Office of Rural Health care to develop a plan to improve the access and quality of care for enrolled veterans, including measures for meeting the long-term care and mental health needs of veterans. The plan must be provided to Congress by September 30, 2007. Requires VA to submit a report to Congress by March 30, 2007, on identifying each CBOC identified in CARES that has been opened and the CBOCs and access point that would be opened in FY 2007 or FY 2008.
Sec. 213. Requires VA to conduct an extensive outreach program to veterans who reside in rural communities and who served in Iraq and Afghanistan.
Sec. 214. Authorizes a two-year pilot program to improve VA assistance provided to caregivers, particularly in home-based settings, and authorizes $5 million for each FY to carrying out the pilot program.
Sec. 215. Requires not less than 100 additional outreach staff for Vet Centers.
Sec. 216. Authorizes Vet Centers to provide bereavement counseling to all immediate family members of a member of the Armed Forces who dies in the course of their military service.
Sec. 217. Authorizes for FY 2007, $180 million for the provision of readjustment counseling and related mental health services through Vet Centers.
TITLE III--EDUCATION MATTERS
Sec. 301. Expands eligibility for Survivors' and Dependents' Educational Assistance program to dependents of severely disabled service-members who have not yet been discharged from military service.
Sec. 302. Restores lost entitlement for survivors and dependents of veterans who discontinue a program of education because of being ordered to full-time National Guard duty.
Sec. 303. Exempts Federal, state or local government institutions from the rule that requires a non-accredited education program to have a pro rata refund policy for unused tuition.
Sec. 304. Extends work-study programs for veteran students at State approving agencies, State veterans cemeteries and national cemeteries, and State homes until June 30, 2007.
Sec. 305. Requires VA and DoD to submit separate reports to Congress on the Montgomery GI Bill educational assistance program.
Sec. 306. Requires the Secretary of the VA to report to Congress on ways to streamline the administrative processes and procedures of veterans' education benefits.
Sec. 307. Technical amendments relating to education laws.
TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS
Sec. 401. Authorizes VA to provide Government memorial head-stones or markers and memorial inscriptions for deceased dependent children of veterans whose remains are unavailable for burial.
Sec. 402. Authorizes VA to furnish Government markers for marked graves of veterans at private cemeteries until December 31, 2007.
Sec. 403. Authorizes the VA to make grants to Indian tribal organizations for establishing, expanding or improving veterans' cemeteries on trust lands.
Sec. 404. Provides for the removal of remains of Russell Wayne Wagner from Arlington National Cemetery.
TITLE V--HOUSING AND SMALL BUSINESS MATTERS
Sec. 501. Extends VA's authority to guarantee loans for veterans and survivors to purchase stock or membership in a residential cooperative housing units.
Sec. 502. Improves VA's goals for participation by small business-es owned and controlled by veterans in procurement contracts.
Sec. 503. Improves contracting priority for veteran owned small businesses contracting with the VA.
TITLE VI--EMPLOYMENT MATTERS
Sec. 601. Requires training of new disabled veterans' outreach program specialists and local veterans' employment representatives by the National Veterans' Training Institute.
Sec. 602. Clarifies rules for part-time employment for disabled veterans' outreach program specialists and local veterans' employment representatives.
Sec. 603. Authorizes the Assistant Secretary of Veterans Employment and Training Service to permit incentive awards for employment service offices as well as individual employees.
Sec. 604. Authorizes a demonstration project on credentialing and licensure of veterans.
Sec. 605. Requires the Department of Labor to issue regulations for priority of service of veterans and dependents in job placement programs.
TITLE VII--HOMELESS VETERANS ASSISTANCE
Sec. 701. Reaffirms the national goal of to end homelessness among veterans.
Sec. 702. Provides a sense of Congress on the response of the Federal Government to the needs of homeless veterans.
Sec. 703. Permanently authorized VA homeless grant and per diem program. Authorizes $130 million in appropriations for the program for FY 2007 and each year thereafter.
Sec. 704. Extends authorization for VA to provide treatment and rehabilitation for seriously mentally ill and homeless veterans through December 31, 2011. Extends authorization through December 31, 2011, for VA to provide comprehensive, coordinated and intensive services for homeless veterans at a minimum of 20 sites.
Sec. 705. Extends authority through December 31, 2011, for VA to enter into agreements with nonprofit organizations to utilize properties in VA's inventory to shelter homeless veterans and their families.
Sec. 706. Authorizes apportions of $7 million for FY 2007 through FY 2011 for VA's grant program for homeless veterans with special needs (e.g., women, frail elderly, terminally ill, or chronically mentally ill).
Sec. 707. Extends authorization of appropriations of $1 million for FY 2007 through FY 2012 for grants to provide technical assistance to homeless veteran service providers.
Sec. 708. Requires the annual VA report on assistance to home-less veterans to include information on VA's efforts to coordinate with other federal agencies the delivery of housing and services to homeless veterans.
Sec. 709. Extends the authorization for the VA Advisory Commit-tee on Homeless Veterans through December 31, 2006. Requires the Executive Director of the Interagency Council on Homelessness, the Under Secretary for Health and the Under Secretary for Benefits to be ex officio members of the advisory committee.
Sec. 710. Authorizes appropriations for additional rental assistance vouchers for veterans.
TITLE VIII--CONSTRUCTION MATTERS
Sec. 801. Authorizes $300 million for the restoration, new construction or replacement of the New Orleans, Louisiana, VA medical center. Authorize $310 million for the restoration of the VA medical center in Biloxi, Mississippi and consolidation of services performed at the VA medical center in Gulfport, Mississippi. Authorize $98 million for the replacement of the Denver, Colorado, VA medical center.
Sec. 802. Extends authorization for certain major medical facility construction projects previously authorized in connection with Capital Asset Realignment Initiative. These projects are listed as follows:
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Location Purpose Cost
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Anchorage, AK outpatient clinic and regional office $75,270,000
Cleveland/Brecksville, OH clinical/administrative consolidation 102,300,000
Des Moines, IA extended care building 25,000,000
Durham, NC renovation of patient wards 9,100,000
Gainesville, FL correct patient privacy deficiencies 85,200,000
Indianapolis, IN floor wards modernization 27,400,000
Las Vegas, NV new medical center facility 406,000,000
Lee County, FL ambulatory diagnostic support center 65,100,000
Long Beach, CA seismic corrections 107,845,000
Los Angeles, CA seismic corrections 79,900,000
Orlando, FL new medical center facility 377,700,000
Pittsburgh, PA consolidation of campuses 189,205,000
San Antonio, TX ward upgrades and expansion 19,100,000
Syracuse, NY new spinal cord injury center 77,700,000
Tampa, FL upgrade electrical distribution systems 49,000,000
Tampa, FL expand spinal cord injury center 7,100,000
Temple, TX blind rehab/psychiatric renovation 56,000,000
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Sec. 803. Authorizes FY 2007 major medical facility projects. These projects are listed as follows:
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Location Purpose Cost
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American Lake, WA seismic corrections, nursing home $38,220,000
Columbia, MO operating suite replacement 25,830,000
Fayetteville, AR new clinical addition 56,163,000
Milwaukee, WI new spinal cord injury center 32,500,000
St. Louis, MO medical facility improvements and cemetery expansion 69,053,000
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Sec. 804. Authorizes $36.8 million for advancing planning and design for a co-located and joint use medical facility in Charleston, South Carolina.
Sec. 805. Authorizes major medical facility leases for FY 2006.
- (1) Authorizes a lease for an outpatient clinic in Baltimore, Maryland, in the amount of $10,908,000.
- (2) Authorizes a lease for an outpatient clinic in Evansville, Indiana, in the amount of $8,989,000.
- (3) Authorizes a lease for an outpatient clinic in Smith County, Texas, in the amount of $5,093,000.
Sec. 806. Authorizes major medical facility leases for FY 2007.
- (1) Authorizes a lease for an outpatient and specialty care clinic in Austin, Texas, in the amount of $6,163,000.
- (2) Authorizes a lease for an outpatient clinic in Lowell, Massachusetts, in the amount of $2,520,000.
- (3) Authorizes a lease for an outpatient clinic in Grand Rapids, Michigan, in the amount of $4,409,000.
- (4) Authorizes up to four leases for outpatient clinics in Las Vegas, Nevada, in the amount of $8,518,000.
- (5) Authorizes a lease for an outpatient clinic in Parma, Ohio, in the amount of $5,032,000.
Sec. 807. Authorizes appropriations.
Sec. 811. Establishes a VA Director of Construction and Facilities Management.
Sec. 812. Increases the threshold for major medical facility projects that require Congressional authorization from $7,000,000 to $10,000,000.
Sec. 813. Authorizes the conveyance of VA property to the city of Fort Thomas, Kentucky.
Sec. 821. Requires a report on options for medical facility improvements in San Juan, Puerto Rico.
Sec. 822. Requires VA to develop business plans for enhanced access to outpatient care in certain rural areas.
Sec. 823. Requires a report on options for construction of Department of Veterans Affairs Medical Center in Okaloosa County, Florida.
TITLE IX--INFORMATION SECURITY MATTERS
Sec. 901. Short Title--Department of Veterans Affairs Information Security Enactment of 2006.
Sec. 902. Establishes VA Information Security Programs and Requirements. Amends Title 38, Chapter 57 by adding Subchapter III--Information Security.
- 5721 Explains the purpose of the program
- 5722 Establishes policy and key elements of the program
- 5723 Establishes responsibilities for the Secretary, Assistant Secretary for Information Technology, Associate Deputy Assistant Secretary for Cyber and Information Security, Department Information Owners, other key officials, and the Inspector General
- 5724 Establishes requirements and actions to be taken when sensitive data may have been compromised. Requires VA to promulgate regulations
- 5725 Establishes contractor requirements
- 5726 Defines reporting requirements to the Committees
- 5727 Defines terms used in the section
- 5728 Authorizes appropriations and clerical amendments
Sec. 903. Establishes a VA Information Security Education Assistance Programs. Amends Title 38, Chapter 78 by adding a new chapter.
- 7901 Explains the purpose of the program
- 7902 Establishes opportunity and requirements for scholar-ship program
- 7903 Establishes opportunity and requirements for education debt reduction program
- 7904 Establishes preferences for awarding financial assistance
- 7905 Establishes a requirement that recipient be honorably discharged from service
- 7906 Establishes requirement for Secretary to prescribe regulations
- 7907 Provides for termination of the program
TITLE X--OTHER MATTERS
Sec. 1001. Requires VA to also notify the Senate and House Committees on Veterans' Affairs concerning the transfer of appropriations when mandated to provide notification to other Congressional committees.
Sec. 1002. Treats veterans who are incarcerated in privately operated prisons in the same manner as veterans who are incarcerated in Federal or State prisons for the purposes of receipt of veterans' benefits.
Sec. 1003. Extends VA authority to provide care for veterans who participated in chemical and biological warfare testing conducted by the Department of Defense, known as `Project Shipboard Hazard and Defense' (SHAD) through December 31, 2007.
Sec. 1004. Provides for technical and clerical corrections in Title 38.
Sec. 1005. An increase in benefits to be paid in 2007 was enacted by Public Law 109-361. These provisions codify the statutory rates for Veterans' Service-connected Disability Compensation, additional compensation for dependents, clothing allowance for certain disabled veterans, Dependency and Indemnity Compensation for surviving spouses, additional dependency and indemnity compensation for children and supplemental dependency and indemnity compensation for certain children.
Sec. 1006. Provides for coordination of the provisions included in the Veterans Programs Extension Act of 2006, H.R. 6342.
Legislative History:
June 6, 2006: Introductory remarks on measure.
June 6, 2006: Read twice and referred to the Committee on Veterans' Affairs.
June 22, 2006: Committee on Veterans' Affairs. Ordered to be reported with an amendment favorably.
September 6, 2006: Committee on Veterans' Affairs. Reported by Senator Craig with amendments. With written report No. 109-328.
September 6, 2006: Placed on Senate Legislative Calendar under General Orders. Calendar No. 592.
September 26, 2006: Measure laid before Senate by unanimous consent. Passed Senate with an amendment by Unanimous Consent.
September 26, 2006: Received in the House.
September 26, 2006: Message on Senate action sent to the House.
September 26, 2006: Held at the desk.
December 8, 2006: Mr. Buyer moved to suspend the rules and pass the bill, as amended. Considered under suspension of the rules. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. The title of the measure was amended. Agreed to without objection.
December 8, 2006: Message on House action received in Senate and at desk: House amendments to Senate bill.
December 9, 2006: Senate agreed to House amendments by Unanimous Consent.
December 9, 2006: Cleared for White House.
December 11, 2006: Message on Senate action sent to the House.
December 20, 2006: Presented to President.
December 22, 2006: Signed by President. (Public Law No. 109-XX)
Note: Bill includes provisions from H.R. 1220, as amended; H.R. 1588; H.R. 3082, as amended; H.R. 5524, H.R. 5815, as amended; H.R. 5835, as amended; H.R. 6314, H.R. 6342 (House bills); S. 716, S. 1182, as amended; S. 2694, as amended, and S. 3421, as amended (Senate bills).
ACTIVITIES OF THE COMMITTEE
LEGISLATIVE ACTIVITIES
First Session
- Business Meeting to discuss the Committee's views and estimates on the Administration's Proposed Budget for the Department of Veterans Affairs for FY 2006
On February 17, 2005, the Committee met to discuss the proposed budget for the Department of Veterans Affairs for FY 2006.
Following this meeting, the majority and minority submitted their views and estimates to the House Committee on the Budget on February 23, 2005. (See Report on the Budget Proposal for FY 2006, page 105.)
- Full Committee Markup of H.R. 2046, the Servicemembers' Health Insurance Protection Act of 2005
On May 11, 2005, the full Committee met and marked up H.R. 2046, and ordered reported favorably with an amendment in the nature of a substitute by unanimous consent (see H. Rept. 109-88).
On May 23, 2005, the House passed H.R. 2046, as amended, by voice vote.
On May 22, 2006, provisions were incorporated into S. 1235 (Sec. 105, 302, and 303). The House passed S. 1235, with an amendment and an amendment to the title by the Yeas and Nays (2/3 required) 372-0 (Roll No. 177).
On May 25, 2006, the Senate agreed to the House amendments to S. 1235, as amended, and passed the bill by Unanimous Consent.
On June 15, 2006, S. 1235, as amended was enacted as Public Law 109-233.
- Full Committee Markup of H.R. 2988, the Veterans Medical Care Revenue Enhancement Act of 2005
On June 23, 2005, the full Committee met and marked up H.R. 2988, and the text was incorporated into H.R. 1220, Section 5. The Committee favorably reported H.R. 1220, as amended (see H. Rpt. 109-162).
On July 13, 2005, the House passed H.R. 1220, as amended, by voice vote.
On November 16, 2005, the House passed S. 1234, which incorporated the cost-of-living adjustment provision of H.R. 1220, as amended.
On November 22, 2005, S. 1234 was enacted as Public Law 109-111.
- Full Committee Markup of H.R. 3200, the Servicemembers' Group Life Insurance Enhancement Act of 2005, and H. Res. 361, a resolution recognizing the 75th Anniversary of the establishment of the Veterans Administration on July 21, 1930
On July 14, 2005, the full Committee met and marked up H.R. 3200, and H. Res. 361. H.R. 3200 was ordered reported favorably by unanimous consent (see H. Rpt. 109-177). H. Res. 361 was ordered reported favorably by unanimous consent.
On July 18, 2005, the House passed H. Res. 361 by voice vote.
On July 26, 2005, the House passed H.R. 3200 by the Yeas and Nays (2/3 required) 424-0 (Roll No. 420).
On September 27, 2005, the Senate passed H.R. 3200, with an amendment.
On September 28, 2005, the House agreed to the Senate amendment to H.R. 3200 by voice vote.
On September 30, 2005, H.R. 3200, as amended, was enacted as Public Law 109-80.
- Full Committee Markup of H.R. 4061, Department of Veterans Affairs Information Technology Management Improvement Act of 2005
On October 20, 2005, the full Committee met and marked up H.R. 4061, and ordered reported to the House by unanimous consent (see House Report 109-256).
On November 2, 2005, the House passed H.R. 4061 under suspension of the rules, by a vote of 408-0.
Second Session
- Business Meeting to discuss the Committee's views and estimates on the Administration's Proposed Budget for the Department of Veterans Affairs for FY 2006
On February 16, 2006, the Committee met to discuss the proposed budget for the Department of Veterans Affairs for FY 2007.
Following this meeting, the majority and minority submitted their views and estimates to the House Committee on the Budget on February 23, 2006. (See Report on the Budget Proposal for FY 2007, page 122).
- Full Committee Legislative Hearing on veterans identity and credit protection legislation
On July 18, 2006, the full Committee held a legislative hearing to discuss legislative proposals for veterans' identity and credit protection in preparation for marking up legislation that will mitigate the effects of the data loss.
Testimony was heard from Members discussing their proposals introduced since the May 3rd data theft, including notification requirements and reporting on the feasibility of using an identifier other than the Social Security Number, credit monitoring, and protection services. Testimony also highlighted critical weaknesses in VA Information Technology. See Legislative Hearing on Veterans Identity and Credit Protection Legislation--Serial No. 109-60.
- Full Committee Markup of H.R. 3082, the Veterans Small Business and Memorial Affairs Enhancement Act of 2005
On July 13, 2006, the full Committee met and marked up H.R. 3082, as amended, and ordered the bill reported, as amended to the House by unanimous consent (see H. Rpt. 109-592).
On July 24, 2006, the House passed H.R. 3082, as amended under suspension of the rules, by voice vote.
On December 8, 2006, provisions from H.R. 3082, as amended were incorporated into S. 3421 (Sections 302, 303, 304, 306, 401, 402, 403, 502, 503, 601, 602, 603, 604, and 605). S. 3421, as amended passed the House under suspension of the rules by voice vote.
On December 9, 2006, the Senate agreed to the House amendments and passed S. 3421 by Unanimous Consent.
On December 22, 2006, S. 3421, as amended, was enacted as Public Law 109-X.
- Full Committee Markup of H. Con. Res. 125, a bill expressing support for the designation and goals of `Hire a Veteran Week' and encouraging the President to issue a proclamation supporting those goals; H. Con. Res. 347, a bill honoring the National Association of State Veterans Homes and the 119 State veterans homes providing long-term care to veterans that are represented by that association for their contributions to the health care of veterans and the health-care system of the Nation; H.R. 5815, the Department of Veterans Affairs Medical Facility Authorization Act of 2006; and, H.R. 5835, Veterans Identity and Credit Security Act of 2006
On July 20, 2006, the full Committee met and marked up H. Con. Res. 125, H.Con. Res. 347, H.R. 5815, and H.R. 5835. The Committee ordered H. Con. Res. 125 and H. Con. Res. 347 reported to the House by unanimous consent. The Committee ordered H.R. 5815, reported as amended, and with a perfecting amendment to the House by unanimous consent (H. Rpt. 109-643). The Committee ordered H.R. 5835 reported as amended to the House by unanimous consent (see H. Rpt. 109-651, Part 1).
On July 24, 2006, the House passed H. Con. Res. 125 under suspension of the rules by voice vote.
On July 24, 2006, the House passed H. Con. Res. 347 under suspension of the rules by voice vote.
On September 13, 2006, the House passed H.R. 5815, as amended, under suspension of the rules by voice vote.
H.R. 5835, as amended, was discharged from the Committee on Government Reform on September 13, 2006, and the Committee on Financial Services on September 26, 2006, with an exchange of letters between the Committees.
On September 26, 2006, the House passed H.R. 5835, as amended, under suspension of the rules by voice vote.
On December 8, 2006, provisions from H.R. 5835, as amended, were incorporated into S. 3421 (Sections 902 and 903). Provisions from H.R. 5815, as amended, were incorporated into S. 3421 (Sections 801, 802, 804, 805, 806, 807, 811, 813, 821, 822, and 823). S. 3421, as amended passed the House under suspension of the rules by voice vote.
On December 9, 2006, the Senate agreed to the House amendments and passed S. 3421 by Unanimous Consent.
On December 20, 2006, S. 3421 was presented to the President. On December 22, 2006, S. 3421, as amended, was enacted as Public Law 109XX.
OVERSIGHT ACTIVITIES
First Session
- Offsite Meeting with Veterans and Military Organizations at The Citadel, Charleston, SC
On February 11, 2005, at The Citadel, Charleston, SC, Committee Chairman Steve Buyer discussed with leaders of national veterans and military organizations the challenges facing the veterans community. Participants also included Economic Opportunity Subcommittee Chairman John Boozman (R-AK, Disability Assistance and Memorial Affairs Subcommittee Chairman Jeff Miller (R-FL), and Health Subcommittee Chairman Henry Brown.
The veterans and military organizations presented their legislative priorities during the morning session, and the Subcommittee Chairmen presented their views regarding the challenges facing the veterans community during the afternoon session. After closing remarks by Chairman Buyer, the participants in the meeting were honored by a parade of The Citadel's cadet corps.
- Full Committee Oversight Hearing on the President's Proposed FY 2006 Budget for the Department of Veterans Affairs
On February 16, 2005, the Committee held a hearing on the pro-posed VA budget for FY 2006. The Administration requested $70.8 billion in appropriations for the VA budget. Of this total, $37.4 billion was for entitlement programs such as disability compensation and Montgomery GI Bill payments, and $33.4 billion was for health care, medical research, and administration of the benefits and cemetery systems.
The Honorable R. James Nicholson, Secretary of Veterans Affairs, was accompanied by senior officials of the Department of Veterans Affairs for his testimony to the Committee in support of the President's proposed budget. Also, representatives of major veterans service organizations and military associations presented their views on the proposed budget. Finally, representatives of the Independent Budget presented their proposal for the FY 2006 veterans' budget. See Department of Veterans Affairs Budget Request for FY 2006, Serial No. 109-1, February 16, 2005.
- Full Committee CODEL to France
Chairman Steve Buyer led a congressional delegation visit to American National Cemeteries operated by the American Battle Monuments Commission in France, From May 27 to May 31, 2005. Accompanying Chairman Buyer was Veterans Health Subcommittee Chairman Henry Brown. Chairman Buyer addressed an international audience in the 2005 Normandy Memorial Day ceremony held May 29 at the American Cemetery and Memorial overlooking Omaha Beach, site of D-Day's heaviest fighting on June 6, 1944.
Before and after the ceremony, Chairman Buyer spoke with still-grateful French survivors of the occupation, as well as British paratroopers who landed in the hedgerows the night before the invasion. In one poignant moment, Chairman Buyer and Chairman Brown met a 90-year-old French survivor of Dachau, dressed in his prisoner clothing.
On May 30, Chairman Buyer and Chairman Brown laid a wreath in a tribute to U.S. war dead of both world wars at Suresnes American Cemetery, in Suresnes, France.
- Full Committee Oversight Hearing on the Department of Veterans Affairs (VA) Budget Modeling and Methodologies
On June 23, 2005, the Committee held a hearing to examine the budget modeling and methodologies used by VA to develop and forecast veterans' health care cost and utilization projections.
Testifying before the Committee, VA officials said that largely be-cause of flaws in its forecasting model, VA must conduct workarounds in the FY 2005 veterans' healthcare budget, using $400 million in carryover funds intended for FY 2006. Further, VA has moved $600 million in FY 2005 non-recurring maintenance and equipment accounts to pay for FY 2005 health care services, thus creating a gap in these accounts for the following FY.
The Committee also received testimony from witnesses from the Department of Defense, private sector health care organizations and national veterans' service organizations in an effort to benchmark VA's methodologies against other public and private sector health care providers.
The hearing uncovered key weaknesses in the processes used by VA to predict healthcare demand and future health-related requirements. See Department of Veterans Affairs (VA) Budget Modeling and Methodologies Serial No. 109-12.
- Full Committee Oversight Hearing on the Budget for the Department of Veterans Affairs (VA)
On June 30, 2005, the Committee held a hearing to examine the necessity of the VA to reprogram $1 billion dollars to the Medical Services account in FY 2005 and the implications for FY 2006. At the hearing, the Secretary of Veterans Affairs, Honorable R. James Nicholson, notified Congress that the administration was requesting $975 million in additional funds for veterans' health care.
Committee Members pledged to take immediate action to pass a FY 2005 veterans' supplemental funding bill.
Secretary Nicholson said the Administration would reassess the FY 2005 budget and submit an amended veterans' budget for FY 2006. See The Department of Veterans Affairs Health Care Budget Serial No. 109-16.
- Full Committee Oversight Hearing on the Administration's FY 2006 Budget Amendment for the Department of Veterans Affairs
On July 21, 2005, the Committee held a hearing to examine an amendment the Administration submitted to Congress for the VA FY 2006 budget, requesting an additional $1.977 billion for higher-than expected veterans health care needs. The hearing focused on the need for supplemental monies resulting from various modeling errors that underestimated demand and financial requirements.
The proposed FY 2006 budget amendment, submitted by the Ad-ministration on July 14, 2005, included: (1) $300 million to replenish carry-over funds to be expended in FY 2005 to cover the increase in average cost per patient; (2) $677 million to cover an estimated additional 2 percent increase in the number of patients expected to seek care in FY 2006; (3) $400 million increase to accommodate more costly treatments; and (4) $600 million to correct for the underestimated cost of long term care.
The Chairman stated his intention to continue monitoring the FY 2007 budgetary process to ensure that the VA improves its methodology and assumptions so that the mistakes of FY 2005 and FY 2006 are not repeated. See Proposed Health Care Budget Amendment for FY 2006 Serial No. 109-18.
- Full Committee Oversight Hearing on the Department of Defense (DOD) and Department of Veterans Affairs (VA): The Continuum of Care for Post-Traumatic Stress Disorder (PTSD)
On July 27, 2005, the Committee held a hearing to examine the efforts of DOD and VA to identify recent combat servicemembers at risk for PTSD, including Reserve and National Guard members, and their capabilities to meet an increase in demand for PTSD services. Mrs. Stefanie Pelkey of Spring, Texas, shared her story of her husband, a veteran who had served in Operation Iraqi Freedom, and died due to a self-inflicted gunshot wound in November 2004. He was diagnosed with PTSD a week before his death.
Committee members also heard from officials and practitioners from VA and DOD on the mental health care initiatives currently being undertaken for those soldiers returning from Operation Enduring Freedom and Operation Iraqi Freedom. See The Department of Defense and Department of Veterans Affairs: The Continuum of Care for Post Traumatic Stress Disorder, Serial No. 109-190.
- Site Visit--Hunter Holmes McGuire Veterans Affairs Medical Center in Richmond, VA
On August 18, 2005, majority staff members made an oversight visit to the Hunter Holmes McGuire Department of Veterans Affairs Medical Center in Richmond, Virginia. After a briefing with key staff members from the Medical Center, who provided an overview of operations of the facility, the staff toured the poly-trauma unit, the spinal cord injury unit, the rehabilitation unit, and the prosthetic unit. The staff found two issues: (1) set criteria are needed to determine which medical center active duty and medically discharged servicemembers should be initially sent to; some servicemembers who should be initially treated in a poly-trauma center are being sent instead to the nearest facility to their homes; and (2) data sharing problems between the Department of Defense and the Department of Veterans Affairs, which makes treatment of servicemembers more difficult.
- Staff Site Visit--Salt Lake City VA Facilities
On August 22, 2005, majority staff visited the Salt Lake City Veterans Affairs Medical Center, which is adjacent to the University of Utah. The medical center's director, Mr. James Floyd provided comprehensive information on the hospital's operations and answered questions. The VISN 19 director, Mr. Larry Biro, was present for the meeting.
The medical center is a busy 121 bed tertiary care facility with a very large service area of 25,000 square miles, including Utah and parts of Idaho, Wyoming and Nevada. The medical center also serves 21 Indian reservations. It has 1,277 FTEE and is affiliated with the University of Utah Medical School.
On the day of the visit, the bed census was 85 percent. The director stated the medical center is usually full or nearly full, and he plans to add 12 new mental health beds. The medical center has 893 Operation Enduring Freedom/Operation Iraqi Freedom veterans enrolled and all but 2 have requested care. They were being seen within 30 days. Getting their military medical records from the Army was a problem in some cases. The majority of care sought was general medical, dental and mental health. Dental work has been much more than expected and some returning servicemembers have needed extensive care. The heavy workload has necessitated some contracting out.
Outreach to departing and returning Reserve and Guard members and their families, and their military units is largely being coordinated though the Governor's Veterans Advisory Committee that has VA, DOD, state and VSO representatives. Medical center staff believed this approach was effective, but stated that obtaining complete information on individual and small unit deployments from the military has been a challenge.
On August 23, 2005, majority staff visited the Salt Lake City Regional Office. The regional office (RO) is co-located with the medical center on its 75-acre grounds. The Anchorage, Alaska and Fort Harrison, Montana offices are also administratively part of the regional office. Mr. Douglas Wadsworth, the office director, provided staff a comprehensive briefing on the office's operations. The regional office is one of two Benefits Delivery at Discharge (BDD) rating activity sites, along with the Winston-Salem Regional Office in North Carolina. The BDD sites use a web-based system for processing claims. The RO had 72 FTEE and was adding 68 additional FTEE for the BDD activity. The BDD operation at Salt Lake City had rated 1,991 BDD cases with an average of 17.9 days from receipt of verification of service to authorization of award. The average number of days from discharge to authorization of award was 34.7 days. The average number of issues per case was 10.24.
- Full Committee Oversight Hearing on the Department of Veterans Affairs' information technology infrastructure reorganization and the role of the Chief Information Officer (CIO)
On September 14, 2005, the Committee held an oversight hearing on VA IT infrastructure reorganization and the role of the CIO. The hearing examined possible legislative solutions to empower the Chief Information Officer (CIO) and provide VA with a more efficient way to maximize their IT resources.
The first panel testified on the background and the history of the CIO. The Committee heard testimony by a representative of from Gartner, Inc., VA's IT consultant, who testified on the results and recommendations provided to VA for reorganization of VA IT. VA testified on the second panel, discussing the role of the CIO. See VA IT Infrastructure Reorganization and the Role of the CIO--Serial No. 109-22.
- Full Committee Oversight Hearing on seamless transition: Where are we now?
On September 28, 2005, the Committee held a hearing on seam-less transition of servicemembers from active duty to veteran status, focusing on senior leadership's efforts in the Department of Veterans Affairs and the Department of Defense to aid in the transition. Testimony and questions addressed the timely transfer of service members from military hospitals to VA medical centers and the need for servicemembers' medical records to be electronically accessible to doctors and health care staff. The hearing also examined the potential need for new equipment and technology that could improve inter-agency coordination and sharing. See Seamless Transition--Serial No. 109-25.
- Offsite Meeting with Veterans and Military Organizations at Carlisle Barracks, PA
On November 7, 2005, Committee Chairman Steve Buyer discussed a broad range of veterans issues with leaders of national veterans and military organizations at the Army War College, located at the Carlisle Barracks, Pennsylvania. Participants also included Economic Opportunity Subcommittee Chairman John Boozman (R-AR.) and Health Subcommittee Chairman Henry Brown (R-SC).
After a discussion of the committee's 2006 schedule, Chairman Buyer made a decision that the Committee would hear the testimony of the veterans and military organizations on the proposed budget for veterans programs earlier in the legislative process, at the same time the President sends his budget to Congress. He called on veterans' groups to play a more influential role in developing the annual Department of Veterans Affairs budget, and announced that there would be full committee and subcommittee hearings in February, during which veterans' groups could present their budget priorities and offer guidance on legislative proposals.
- Full Committee Oversight Hearing on the challenges and opportunities facing disability claims processing in 2006
On December 7, 2005, the Committee held an oversight hearing to review the challenges and opportunities facing disability claims processing at the Department of Veterans Affairs' Veterans Benefits Administration (VBA) in 2006, which over the past two years has seen an increase in the backlog of pending claims and the amount of
time it takes to process a claim.
A retired Air Force veteran recounted the difficulty he has experienced over the past 6 1/2 years with his claims for disability compensation, and he made several recommendations for improvement, including a need for medical staff be with a greater understanding of the issues inherent to veterans. The veterans' group representatives in their testimony all stressed a need for more claims staff, stronger accountability, and better quality decisions. Many of the witnesses felt that VBA claims staff was focused more on quantity than quality, that there is not enough emphasis on training, and that there is little in the way of accountability.
The VBA and Board of Veterans' Appeals witnesses acknowledged the challenges and complexities of the claims and appeals processes, to include increased workloads in both departments, and offered examples where improvements have been and should be made. See The Challenges and Opportunities Facing Disability Claims Process at the Veterans Benefits Administration--Serial No. 109-28.
Second Session
- Full Committee Oversight Hearing on the President's pro-posed FY 2007 budget for the Department of Veterans Affairs
On February 8, 2006, the Committee held a hearing on the pro-posed VA budget for FY 2007. The Administration requested $80.6 billion in appropriations for the VA budget. Of this total, $42.1 billion was for e