S10444 CONGRESSIONAL RECORD — SENATE October 2, 2008 

veterans with service-connected disability, 

which expires on December 31, 2008, to December 31, 2013. 

Section 205 of H.R. 6832 contained an identical provision. 

The Compromise Agreement contains the 

provision. 

Permanent authority to establish research corporations (sec. 806) 

Section 607 of S. 2969 would strike section 

7368 of title 38 to provide permanent authority to establish research corporations. 

Section 207 of H.R. 6832 contained an identical provision. 

The Compromise Agreement contains the 

provision. 

Extension of requirement to submit annual report on the committee on care of severely 

chronically mentally ill veterans (sec. 807) 

Section 210 of H.R. 6832 would amend section 7321(d)(2) of title 38 to extend the requirement to submit an annual report on the 

committee on care of severely chronically 

mentally ill veterans through 2012. 

S. 2969 contained no comparable provision. 

The Compromise Agreement contains the 

House provision. 

Permanent requirement for biannual report on 

women’s advisory committee (sec. 808) 

Section 211 of H.R. 6832 would amend section 542(c)(1) of title 38 to provide for a permanent requirement for a biannual report by 

the women’s advisory committee on the 

needs of women veterans including compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the VA. 

S. 2969 contained no comparable provision. 

The Compromise Agreement contains the 

House provision. 

Extension of pilot program on improvement of 

caregiver assistance services (sec. 809) 

Section 222 of S. 2969 would extend the 

pilot program on improvement of caregiver 

assistance services for a three-year period 

through fiscal year 2009. 

H.R. 6832 contained no comparable provision. 

The Compromise Agreement includes the 

Senate provision. 

TITLE IX—OTHER MATTERS

Technical amendments (sec. 901) 

Section 303 of H.R. 6832 would provide for 

technical amendments for the following sections of title 38: 1712A; 2065(b)(3)(C); 

4110(c)(1); 7458(b)(2); 8117(a)(1); 1708(d); 7314(f); 

7320(j)(2); 7325(i)(2); and 7328(i)(2). It also 

would provide for technical amendments to 

the table of sections at the beginning of 

chapter 36 and chapter 51, as well as amend 

section 807(e) of the Veterans Benefits, 

Health Care, and Information Technology 

Act of 2006 (Public Law 109–461) to replace 

the phrase ‘‘Medical Care’’ with ‘‘Medical 

Facilities’’. 

S. 2969 contained no comparable provision. 

The Compromise Agreement contains the 

House provision. 

f 

VETERANS’ BENEFITS 

IMPROVEMENT ACT OF 2008 

Mr. AKAKA. Mr. President, I am 

pleased that the Senate is acting on S. 

3023, as amended, the proposed Veterans’ Benefits Improvement Act of 

2008, as passed by the House of Representatives earlier this week. The bill, 

as it comes before the Senate, is a compromise agreement developed with our 

counterparts on the House Committee 

on Veterans’ Affairs. I thank Chairman 

FILNER and Ranking Member BUYER of 

the House committee for their cooperation on this legislation. I also thank 

my good friend, the committee’s ranking member, Senator BURR, for his cooperation as we have developed this 

bill. 

This omnibus veterans’ benefits bill 

will provide much needed support to 

our Nation’s veterans. It contains provisions that are designed to enhance 

compensation, claims processing, housing, labor and education and insurance 

benefits for veterans. A full explanation of the Senate and House negotiated agreement can be found in the 

Joint Explanatory Statement, which I 

will ask appear in the RECORD at the 

conclusion of my remarks. 

I will highlight a few of the provisions that I have sponsored in the legislation that is before us today. 

This legislation would result in improved notices being sent to veterans 

concerning their claims for VA benefits. Following a number of decisions 

by the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit, VA’s notification letters to veterans about the 

status of their claims have become increasingly long, complex, and difficult 

to understand. These notification letters must be simplified, as veterans, 

VA, veterans’ advocates, and outside 

review bodies have all recommended. 

The notices should focus on the specific 

type of claim presented. They should 

use plain and ordinary language rather 

than bureaucratic jargon. Veterans 

should not be subjected to confusing 

information as they seek benefits. 

To further improve the VA compensation system, this legislation 

would end the prohibition on judicial 

review in the U.S. Court of Appeals for 

the Federal Circuit of matters concerning the VA rating schedule. VA 

issues regulations which are used to assign ratings to veterans for particular 

disabilities. Under current law, actions 

concerning the rating schedule are not 

subject to judicial review unless a constitutional challenge is presented. This 

legislation would amend the law to 

treat actions concerning the rating 

schedule in the same manner as all 

other actions concerning VA regulations. 

I expect VA to comply with all laws 

passed by Congress in developing and 

revising the rating schedule. However, 

justice to our Nation’s veterans requires that actions concerning the rating schedule be subject to the same judicial scrutiny as is available for the 

review of actions involving other regulations. 

VA’s Home Loan Guaranty Program 

may exempt homeowners from having 

to make a downpayment or secure private mortgage insurance, depending on 

the size of the loan and the amount of 

the VA guaranty. 

Public Law 108–454 increased VA’s 

maximum guaranty amount to 25 percent of the Freddie Mac conforming 

loan limit determined under section 

305(a)(2) of the Federal Home Loan 

Mortgage Corporation Act for a singlefamily residence, as adjusted for the 

year involved. 

The Economic Stimulus Act of 2008, 

Public Law 110–185, temporarily reset 

the maximum limits on home loans 

that the Federal Housing Administration may insure and that Fannie Mae 

and Freddie Mac may purchase on the 

secondary market to 125 percent of 

metropolitan-area median home prices 

but did so without reference to the VA 

home loan program. This had the effect 

of raising the Fannie Mae, Freddie 

Mac, and FHA limits to nearly $730,000, 

in the highest cost areas, while leaving 

the then-VA limit of $417,000 in place. 

On July 30, 2008, the Housing and Economic Recovery Act of 2008 was signed 

into law as Public Law 110–289. That 

law provided a temporary increase in 

the maximum guaranty amount for VA 

loans originated from July 30, 2008 

through December 31, 2008, to the same 

level as provided in the stimulus act. 

The compromise agreement would 

extend the temporary increase in the 

maximum guaranty amount until December 31, 2011. This would enable 

more veterans to utilize their VA benefit to purchase more costly homes. 

The compromise agreement would 

also increase the maximum guaranty 

limit for refinance loans and increase 

the percentage of an existing loan that 

VA will refinance under the VA home 

loan program. 

Under current law, the maximum VA 

home loan guaranty limit for most 

loans in excess of $144,000 is equal to 25 

percent of the Freddie Mac conforming 

loan limit for a single-family home. 

Public Law 110–289 set this value at approximately $182,437 through the end of 

2008. This means lenders offering loans 

of up to $729,750 will receive up to a 25- 

percent guaranty, which is typically 

required to place the loan on the secondary market. Under current law, this 

does not include regular refinance 

loans. 

Current law limits to $36,000 the 

guaranty that can be used for a regular 

refinance loan. This restriction means 

VA will not guarantee a regular refinance loan over $144,000, essentially 

precluding a veteran from using the VA 

program to refinance his or her existing FHA or conventional loan in excess 

of that amount. 

VA is also currently precluded from 

refinancing a loan if the homeowner 

does not have at least 10 percent equity 

in his or her home. 

The compromise agreement would remove the equity requirement for refinancing from an FHA loan or conventional loan to a VA-guaranteed loan. 

This would allow more veterans to use 

their VA benefit to refinance their 

mortgages. Many veterans do not have 

10 percent equity and thus are precluded from refinancing with a VAguaranteed home loan. 

Given the anticipated number of nonVA-guaranteed adjustable rate mortgages that are approaching the reset 

time when payments are likely to increase, the committee believes that it 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10445 

is prudent to facilitate veterans refinancing to VA-guaranteed loans. In 

light of today’s housing and home loan 

crises, additional refinancing options 

will help some veterans bridge financial gaps and allow them to stay in 

their homes and escape possible foreclosures. These provisions would allow 

more qualified veterans to refinance 

their home loans under the VA program. 

This omnibus benefits bill would also 

make crucial updates to the Uniformed 

Services Employment and Reemployment Rights Act, which protects service members’ rights to return to their 

prior jobs with the same wages and 

benefits. The provisions in the committee bill are derived from S. 2471, the 

proposed USERRA Enforcement Improvement Act of 2007, which Senator 

KENNEDY and I introduced on December 

13, 2007. This legislation would ensure 

that Federal agencies assist service 

members in a more effective manner by 

requiring the Department of Labor to 

investigate and refer cases in a more 

timely manner and by requiring reports from the Department of Labor on 

their compliance with the deadlines. 

The omnibus benefits bill includes a 

provision derived from S. 3000, the proposed Native American Veterans Access Act of 2008, which I introduced on 

May 8, 2008. This provision is intended 

improve VA’s ability to understand and 

respond to the needs of Native American veterans. While Native Americans 

are more likely to serve in uniform 

than the general population, many of 

them find cultural and geographical 

barriers between themselves and the 

benefits they earned through service. 

In addition, those returning to traditional homelands, especially reservation communities, frequently come 

home to dismal job opportunities and 

starved economies. The proposed bill 

would require a study to help us understand the employment needs of Native 

American veterans and how best to address them. 

The compromise agreement also includes provisions derived from legislation I introduced on April 25, 2007, S. 

1215, which would update the Special 

Unemployment Study required to be 

submitted by the Secretary of Labor to 

the Congress by mandating that it 

cover veterans of Post 9/11 global operations. It would also require the report 

to be submitted on an annual, rather 

than a biennial, basis. By updating this 

report, Congress will have more data 

available on more recent groups of veterans—those who served and are serving in the Post-9/11 global operations. 

This will help with assessments of the 

needs of current veterans entering the 

work force and develop appropriate responses. 

Before I close, I recognize and thank 

the individuals involved in putting together this comprehensive measure. 

Specifically, I thank Kimberly Ross, 

Brian Lawrence, Juan Lara, and Mike 

Brinck from the House committee and 

Amanda Meredith, Mindi Walker, and 

Kevin Tewes from the minority staff on 

the Senate Committee. I also thank 

the majority staff who assisted me in 

developing the compromise agreement 

and all the legislation that led up to it. 

Patrick McGreevy, Mary Ellen McCarthy, Ted Pusey, Babette Polzer, and 

Dahlia Melendrez have worked 

throughout the 110th Congress on many 

of the provisions included in this legislation, and I am pleased that our collective efforts have led to this compromise agreement becoming a reality. 

I urge our colleagues to support this 

important legislation that would benefit many of this Nation’s nearly 24 

million veterans and their families. 

Mr. President, I ask unanimous consent to have the Joint Explanatory 

Statement, which was developed with 

our colleagues in the House, printed in 

the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

Joint Explanatory Statement on Amendment to 

Senate Bill, S. 3023, as Amended 

S. 3023, as amended, the Veterans’ Benefits 

Improvement Act of 2008, reflects a Compromise Agreement reached by the House 

and Senate Committees on Veterans’ Affairs 

(the Committees) on the following bills reported during the 110th Congress: H.R. 674; 

H.R. 3681, as amended; H.R. 3889, as amended; 

H.R. 4255, as amended; H.R. 5664, as amended; 

H.R. 5892, as amended; H.R. 6221, as amended; 

H.R. 6225, as amended, and H.R. 6832 (House 

Bills); S. 1315, as amended; and S. 3023, as 

amended (Senate Bills). 

H.R. 674 passed the House on July 31, 2008; 

H.R. 3681, as amended, passed the House on 

May 20, 2008; H.R. 3889, as amended, passed 

the House on May 20, 2008; H.R. 4255, as 

amended, passed the House on July 31, 2008; 

H.R. 5664, as amended, passed the House on 

May 20, 2008; H.R. 5892, as amended, passed 

the House on July 30, 2008; H.R. 6221, as 

amended, passed the House on July 31, 2008; 

H.R. 6225, as amended, passed the House on 

July 31, 2008; H.R. 6832 passed the House on 

September 11, 2008; S. 1315, as amended, 

passed the Senate on April 24, 2008, and 

passed the House, as amended, on September 

22, 2008; and S. 3023, as amended, passed the 

Senate on September 16, 2008. 

The Committees have prepared the following explanation of S. 3023, as further 

amended, to reflect a Compromise Agreement between the Committees. Differences 

between the provisions contained in the 

Compromise Agreement and the related provisions of the House Bills and the Senate 

Bills are noted in this document, except for 

clerical corrections, conforming changes 

made necessary by the Compromise Agreement, and minor drafting, technical, and 

clarifying changes. 

Title I—Compensation and Pension Matters 

REGULATIONS ON CONTENTS OF NOTICE TO BE

PROVIDED CLAIMANTS BY THE DEPARTMENT

OF VETERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS

Current Law 

Under current law, the Secretary has general authority to issue regulations. 

Senate Bill 

Section 101 of S. 3023, as amended, would 

amend subsection (a) of section 5103 of title 

38, United States Code, to add a new paragraph that would require the Department of 

Veterans Affairs (VA) to promulgate regulations specifying the content of notices required by the Veterans Claims Assistance 

Act (VCAA). The regulations required by S. 

3023 would provide that the notice specify for 

each type of claim for benefits the general 

information and evidence required to substantiate the claim. The regulations would 

specify different content of the notices depending on the type of claim concerned, 

whether it be an original claim, a claim for 

reopening, or a claim for increase in benefits. The Senate bill would provide authority 

for additional or alternative content for notice if appropriate to the particular benefit 

or services sought under the claim. The regulations would also be required to include in 

the notice the time period within which such 

information and evidence must be submitted. The provision would be applicable 

only to notices which would be sent on or 

after the date the regulations are effective. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 101 of the Compromise Agreement 

generally follows the Senate language. 

The Committees note that the notice required by section 5103 applies to all types of 

applications for benefits and services. While 

the Committees recognize that veterans 

seeking service-connected compensation are 

most likely to receive VCAA notices, the 

Compromise Agreement specifically provides 

that the notice shall provide that the content of notices be appropriate to the type of 

benefits or services sought. The Committees 

intend that the Compromise Agreement 

would require a notice involving a pension 

claim to have different content than a notice 

concerning a clothing allowance or a claim 

for specially adapted housing. 

The Committees emphasize that VCAA notices are required only in cases in which additional information or evidence is needed to 

substantiate the claim. If the information 

and evidence needed to substantiate the 

claim is submitted with the application or 

contained in the claims file, no VCAA notice 

is required. For example, claims for education, health care, housing, vocational rehabilitation, and burial benefits might contain sufficient information and evidence to 

substantiate the claim without the necessity 

of a VCAA notice. 

In other respects, the Committees agree 

that Senate Report 110–148 contains a full explanation of the provision contained in the 

Compromise Agreement. 

JUDICIAL REVIEW OF ADOPTION AND REVISION

BY THE SECRETARY OF VETERANS AFFAIRS OF

THE SCHEDULE OF RATINGS FOR DISABILITIES

OF VETERANS

Current Law 

Under current law, section 502 of title 38, 

judicial review of actions involving VA’s rating schedule for disabilities is prohibited. 

Senate Bill 

Section 102 of S. 3023, as amended, would 

authorize the United States Court of Appeals 

for the Federal Circuit to review VA actions 

relating to the adoption or revision of the 

VA disability rating schedule in the same 

manner as other comparable actions of the 

Secretary are reviewed. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 102 of the Compromise Agreement 

follows the Senate language. 


rfrederick on PROD1PC67 with SENATE
S10446 CONGRESSIONAL RECORD — SENATE October 2, 2008 

CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS’ DISABILITY

COMPENSATION OF DISABILITY SEVERANCE

PAY FOR DISABILITIES INCURRED BY MEMBERS

OF THE ARMED FORCES IN COMBAT ZONES

Current Law 

Section 1212 of title 10 stipulates the 

amount of severance pay available to members of the Armed Forces who separate due 

to a disability incurred in the line of duty. 

Section 1646 of the Wounded Warrior Act, 

title XVI of Public Law 110–181, amended section 1212 to adjust the computation of the 

amount of such severance pay and to eliminate the requirement that severance pay received by servicemembers for a disability incurred in a combat zone be deducted from 

VA compensation. 

Section 1161 of title 38 stipulates that the 

deduction of disability severance pay from 

disability compensation shall be made at a 

monthly rate not in excess of the rate of 

compensation to which the individual would 

be entitled based on the individual’s disability rating. Section 1161 makes reference 

to subsection 1212(c) of title 10. However, 

Public Law 110–181 did not include a conforming amendment to keep section 1161 consistent with the changes made to section 

1212. 

Senate Bill 

Section 104 of S. 3023, as amended, would 

make a conforming amendment, so that section 1161 of title 38 will be consistent with 

section 1212 of title 10. The amendment 

would take effect on January 28, 2008, as if it 

had been included in the Wounded Warrior 

Act. As a result, the amended section 1161 of 

title 38 would reflect the change to section 

1212 of title 10 eliminating the requirement 

that severance pay for a disability incurred 

in a combat zone be deducted from disability 

compensation from VA. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 103 of the Compromise Agreement 

follows the Senate language. 

REPORT ON PROGRESS OF THE SECRETARY OF

VETERANS AFFAIRS IN ADDRESSING CAUSES

FOR VARIANCES IN COMPENSATION PAYMENTS

FOR VETERANS FOR SERVICE-CONNECTED DISABILITIES

Current Law 

There is no applicable provision in current 

law. 

Senate Bill 

Section 105 of S. 3023, as amended, would 

require VA to submit a report to Congress 

describing the Department’s progress in addressing the causes for any unacceptable 

variances in compensation payments to veterans. 

Section 105 would require VA to submit a 

report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives describing the Department’s 

progress in addressing the causes of unacceptable variances in compensation payments to veterans for service-connected disabilities. The report would be due to the 

Committees not later than one year after the 

date of enactment of this section. 

Section 105 would require the report to include three specific elements: (1) a description of the Veterans Benefits Administration’s efforts to coordinate with the Veterans Health Administration (VHA) to improve the quality of disability examinations 

performed by VHA and contract clinicians, 

including the use of standardized templates; 

(2) an assessment of the current personnel 

requirements at each regional office for each 

type of claims adjudication position; and (3) 

a description of the differences, if any, in 

current patterns of submittal rates for 

claims from various segments of the veterans population, including veterans from 

rural and highly rural areas, minority veterans, veterans who served in the National 

Guard or Reserve, and military retirees. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 104 of the Compromise Agreement 

generally follows the Senate language. The 

Committees acknowledge that it is unreasonable to expect states to have exactly the 

same average compensation or percentage of 

veterans receiving compensation. In determining whether differences are unacceptable, the Committees expect that the Secretary would identify those that do not result from such basis demographic discrepancies. 

EXTENSION OF TEMPORARY AUTHORITY FOR THE

PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS

Current Law 

Public Law 104–275, the Veterans’ Benefits 

Improvements Act of 1996, authorized VA to 

carry out a pilot program of contract disability examinations at ten VA regional offices using amounts available for payment of 

compensation and pensions. Public Law 108– 

183, the Veterans Benefits Act of 2003, provided additional authority to VA, on a timelimited basis, to contract for disability examinations using appropriated funds. This 

additional authority expires on December 31, 

2009. 

Senate Bill 

Section 604 of S. 3023, as amended, would 

amend section 704(c) of the Veterans Benefits 

Act of 2003 (Public Law 108–183) by striking 

‘‘December 31, 2009’’ and inserting ‘‘December 31, 2012.’’ This would extend VA’s authority, through December 31, 2012, to use appropriated funds for the purpose of contracting 

with non-VA providers to conduct disability 

examinations. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 105 of the Compromise Agreement 

follows the Senate language except that the 

authority extends only until December 31, 

2010. 

ADDITION OF OSTEOPOROSIS TO DISABILITIES

PRESUMED TO BE SERVICE-CONNECTED IN

FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS DISORDER

Current Law 

Subsection 1112(b) of title 38 contains two 

lists of diseases that are presumed to be related to an individual’s experience as a prisoner of war. The first presumptive list, in 

paragraph (2) of section 1112(b), requires no 

minimum internment period and includes 

diseases associated with mental trauma or 

acute physical trauma which could plausibly 

be caused by even a single day of captivity. 

The second presumptive list, found under 

paragraph (3) of section 1112(b), has a 30–day 

minimum internment requirement. 

Senate Bill 

Section 601 of S. 1315, as amended, would 

add osteoporosis in veterans whom the Secretary has previously determined have posttraumatic stress disorder (PTSD), to the list 

of disabilities presumed to be service-connected in former prisoners of war found 

under paragraph (3) of section 1112(b) of title 

38. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 106 of the Compromise Agreement 

follows the Senate language. 

Title II—Modernization of Department of 

Veterans Affairs Disability Compensation 

System 

Subtitle A—Benefits Matters 

AUTHORITY FOR TEMPORARY DISABILITY

RATINGS

Current Law 

Under current law, the Secretary has, 

under the Secretary’s general authority, 

issued regulations providing temporary ratings for veterans with unstabilized medical 

conditions who are recently discharged from 

active duty, hospitalized veterans, veterans 

undergoing convalescent care, and veterans 

who are discharged from active duty with a 

mental disorder that develops as the result 

of a highly stressful event. 

House Bill 

Section 109 of H.R. 5892, as amended, would 

have provided VA with authority to issue 

partial ratings and to act in a more expeditious manner for claims presenting undisputed severe and very severe injuries and in 

turn provide compensation more quickly 

where the service-connection link is indisputable. VA currently possesses the ability 

to issue partial ratings, although this authority is not expressly stated in statute. 

H.R. 5892, as amended, would expressly grant 

VA that authority and require VA to issue a 

partial rating in the instances where a veteran has sustained severe injuries (50 percent 

or above) and very severe injuries (100 percent) that can be promptly rated, while deferring other conditions that may not be 

ready to rate. VA and the Department of Defense (DOD) have defined these conditions, 

and they include limb amputations, paralysis, traumatic brain injury (TBI), severe 

burns, blindness, deafness, along with other 

radical injuries. 

The House bill also further clarified the 

language so that VA could rate the indisputable injuries based solely on the Department of Defense medical records, which 

would be extensive for these categories of injuries. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 211 of the Compromise Agreement 

would codify the various provisions for temporary ratings contained in current regulations. Specifically, the Committees intend to 

provide a specific statutory basis for the regulations currently found at sections 4.28, 

4.29, 4.30 and 4.129 of title 38, Code of Federal 

Regulations. 

In addition to the authority currently contained in regulations, the Compromise 

Agreement provides that veterans discharged 

or released from active duty within 365 days 

of application who have stabilized medical 

conditions would be eligible to receive a 

temporary rating under certain circumstances. In general, veterans with stabilized disabilities would be eligible to receive a temporary rating under conditions 

which are similar to those applied to veterans with unstabilized conditions when a 

total rating is not immediately assignable. 

The Committees intend that, under this 

new authority, a veteran who has a stabilized condition, such as a healed amputation, but has one or more severe disabilities 

for which a total rating is not immediately 

assignable under the regular provisions of 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10447 

the rating schedule or on the basis of Individual Unemployability, could qualify for a 

temporary rating when employment was adversely impacted by such disabilities. The 

Compromise Agreement would permit such a 

veteran to be eligible to receive a temporary 

rating when such veteran has severe disabilities that result in substantially gainful employment not being feasible or advisable or 

the veteran has unhealed or incompletely 

healed wounds or injuries that make material impairment of employability likely. The 

Committees intend that, in considering eligibility for a temporary rating under this section, both stabilized and unstabilized conditions could be considered in determining the 

impact of such disabilities upon employment. 

The rating assigned under these conditions 

would be as prescribed by the Secretary in 

regulations. The Committees note that, 

where current regulations are adequate to 

address the conditions for temporary ratings, as set forth in this section, the Secretary would not be required to issue new 

regulations. 

SUBSTITUTION UPON DEATH OF CLAIMANT

Current Law 

Currently, upon the death of a claimant 

with a claim or appeal pending adjudication 

at the time of death, the surviving spouse or 

other beneficiary is unable to take up the 

claim where it is in the process and must 

refile the claim separately as if submitting a 

new claim. Section 5121 of title 38 allows for 

survivors, in order of priority, to refile this 

new claim for accrued benefits. 

House Bill 

Section 111 of H.R. 5892, as amended, would 

provide that, in the event of the death of a 

veteran with a pending disability claim, an 

eligible dependent as identified under section 

5121(a)(2) of title 38 would be authorized to 

substitute for the deceased claimant rather 

than being forced to re-file and restart the 

claim or appeal. This provision would also 

allow an eligible survivor to submit additional evidence for up to one year after the 

death of a veteran. This provision further 

stipulates that only one person may be 

treated as the claimant under this section. 

Additionally, if the person who would be eligible to be a claimant under this section certifies to the Secretary that he or she does 

not want to be treated as the claimant for 

such purposes, he or she may designate the 

person who could then be entitled to receive 

the benefits under this section. The effective 

date of this section would apply only to 

claims of veterans who die on or after the 

date of enactment. 

Senate Bill 

The Senate bill contains no comparable 

provisions. 

Compromise Agreement 

Section 212 of the Compromise Agreement 

generally follows the House language. However, the Compromise Agreement stipulates 

that, not later than one year after the date 

of the death of the claimant, the individual 

who would be eligible to receive accrued benefits under section 5121(a) of title 38 must file 

a request to be substituted as the claimant 

for the purpose of processing the claim to 

completion. This is the same time period 

within which claimants for accrued benefits 

are required to file an application for accrued benefits must file such a claim under 

current law. Under the Compromise Agreement, any person seeking substitution shall 

present evidence of the right to claim such 

status within the time period prescribed by 

the Secretary in regulations. 

REPORT ON COMPENSATION OF VETERANS FOR

LOSS OF EARNING CAPACITY AND QUALITY OF

LIFE AND ON LONG-TERM TRANSITION PAYMENTS TO VETERANS UNDERGOING REHABILITATION FOR SERVICE-CONNECTED DISABILITIES

Current Law 

Under chapter 11 of title 38, VA pays compensation to veterans who suffer disabilities 

as a result of an injury or disease incurred or 

aggravated in the line of duty during active 

duty. Section 1155 of title 38 requires VA to 

adopt and apply a schedule of disability ratings, which is used to determine the amount 

of compensation that will be provided. That 

schedule is based on the average impairment 

of earning capacity caused by a service-connected disability. 

In July 2007, the President’s Commission 

on Care for America’s Returning Wounded 

Warriors recommended that Congress restructure VA disability payments to include 

transition payments and that VA update the 

rating schedule to reflect current injuries 

and the impact of disability on quality of 

life. In 2008, the Secretary entered into a 

contract to conduct studies on those issues. 

The studies examined the appropriate level 

of disability compensation to be paid to veterans to compensate for loss of earning capacity and loss of quality of life as a result 

of service-connected disabilities. The studies 

also examined the feasibility and appropriate level of long-term transition payments to veterans who are separated from 

the Armed Forces due to a disability while 

those veterans are undergoing a program of 

rehabilitation. 

Senate Bill 

Section 106 of S. 3023, as amended, would 

require the Secretary to provide Congress 

with a report regarding the results of studies 

examining the appropriate compensation to 

be provided to veterans for loss of earning 

capacity and loss of quality of life caused by 

service-connected disabilities and examining 

long-term transition payments to veterans 

undergoing rehabilitation for service-connected disabilities. 

Section 106 also would require the Secretary to submit to Congress a report including a comprehensive description of the findings and recommendations of those studies; a 

description of the actions proposed to be 

taken by the Secretary in light of those findings and recommendations, including a description of any proposed modifications to 

the VA disability rating schedule or to other 

regulations or policies; a schedule for the 

commencement and completion of any actions proposed to be taken; and a description 

of any legislative action required in order to 

authorize, facilitate, or enhance any of the 

proposed actions. That report would be due 

no later than 210 days after the date of enactment. 

House Bill 

Section 102(a) of H.R. 5892, as amended, 

would require the Secretary to conduct a 

study on adjusting the schedule for rating 

disabilities adopted and applied under section 1155 of title 38. It would require VA to 

complete the study within 180 days after the 

date of enactment and would require VA, 

within 60 days after completing the study, to 

submit to Congress a report on the study. 

Not later than 120 days after the Secretary 

submits the report, the Secretary would be 

required to submit a plan for readjusting the 

rating schedule. 

Compromise Agreement 

Section 213 of the Compromise Agreement 

generally follows the Senate language. 

ADVISORY COMMITTEE ON DISABILITY

COMPENSATION

Current Law 

There is no applicable provision in current 

law. 

House Bill 

Section 102(d) of H.R. 5892, as amended, 

would require the Secretary to establish an 

18-member Advisory Committee on Disability Compensation. The Committee would 

consist of individuals who have demonstrated civic or professional achievement 

and who have experience in the provision of 

disability compensation or have other relevant scientific or medical expertise. The 

Secretary would determine the terms of pay 

and service of such members, but their terms 

of service would not exceed two years. The 

Secretary would be authorized to reappoint 

members for subsequent terms. 

Section 102 would require the Committee 

to be responsible for providing advice to the 

Secretary with respect to the maintenance 

and periodic adjustment of the rating schedule. 

It would also require the Committee to 

submit annual reports to the Secretary and 

require the Secretary to submit reports and 

recommendations to the Committees on Veterans’ Affairs of the House and Senate. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 214 of the Compromise Agreement 

contains the House provision with modifications. The Committees intend that this Committee provide medical and scientific advice 

to the Secretary concerning the maintenance and readjustment of the rating schedule. Therefore, the Compromise Agreement 

provides that membership be limited to individuals with experience with the provision of 

disability compensation by the Department 

or individuals who are leading medical or 

scientific experts in relevant fields. The 

Compromise Agreement extends the term of 

service of such members to four years and 

provides that the terms are to be staggered 

so as to provide for continuity of membership on the Committee. The Compromise 

Agreement provides that the Secretary shall 

appoint a Chair of the Committee. 

The Compromise Agreement specifically 

provides that the Secretary shall ensure that 

appropriate personnel, funding, and other resources are provided to the Committee to 

carry out its responsibilities. The Compromise Agreement requires the Committee 

to submit biennial reports to the Secretary. 

The Compromise Agreement requires the 

Secretary to submit such biennial reports to 

the Committees on Veterans’ Affairs of the 

Senate and House together with the recommendations of the Committee and the 

Secretary. 

Subtitle B—Assistance and Processing 

Matters 

PILOT PROGRAMS ON EXPEDITED TREATMENT OF

FULLY DEVELOPED CLAIMS AND PROVISION OF

CHECKLISTS TO INDIVIDUALS SUBMITTING

CLAIMS

Current Law 

Section 5103 of title 38 requires the Secretary to notify a claimant of the information and medical or lay evidence needed to 

substantiate the claimant’s claim. Under 

section 5103A of title 38, the Secretary is required to assist the claimant by making reasonable efforts to obtain evidence necessary 

to substantiate the claimant’s claim. In 

claims for service-connection, this duty includes obtaining records held by any Federal 

department or agency and by providing a 

medical examination or opinion necessary to 


rfrederick on PROD1PC67 with SENATE
S10448 CONGRESSIONAL RECORD — SENATE October 2, 2008 

make a determination on the claim. VA is 

required to comply with these laws before 

issuing a decision on the claim. 

House Bill 

Section 107(a) of H.R. 5892, as amended, 

would require the Secretary to provide for 

the expeditious treatment of any fully developed claim. A fully developed claim would be 

defined as a claim for which the claimant received assistance from a veterans service officer, a State or county veterans service officer, an agent, an attorney or for which the 

claimant submits with the claim an indication that the claimant does not want to submit any additional information and does not 

require assistance with respect to the claim. 

The claimant would certify in writing that 

no additional information is available or 

needed to be submitted in order for the claim 

to be adjudicated. The Secretary would be 

required to decide such claims within 90 days 

of submittal. 

Section 107(b) of H.R. 5892, as amended, 

would require the Secretary to amend the 

notice required by section 5103 of title 38 to 

require the creation of a detailed checklist 

for claims for specific requests of additional 

information or evidence. 

The checklist would be required to be developed within 180 days of enactment. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 221 of the Compromise Agreement 

accepts the House provision with an amendment that creates two pilot programs to test 

the effectiveness of providing expedited 

treatment of fully-developed claims and providing an additional checklist that includes 

information or evidence required to be submitted by the claimant to substantiate the 

claim. The pilot program on expedited treatment of fully developed claims would be carried out at 10 VA regional offices for a period 

of one year beginning 60 days after the date 

of enactment; the pilot program on the provision of checklists to individuals submitting claims would be carried out at four VA 

regional offices for a period of one year beginning 60 days after the date of enactment 

for original claims and for a period of three 

years beginning 60 days after the date of enactment for reopened claims and claims for 

increased disability ratings. The Secretary 

would be required to provide interim reports 

for each pilot authorized under this section 

and final reports would be due to Congress 

upon conclusion of the pilots. 

The Compromise Agreement provides that 

such checklist be construed as an addendum 

to the notice required by section 5103 of title 

38 and shall not be considered as part of the 

notice for purposes of reversal or remand of 

a decision of the Secretary. As such, the 

Committees stress that these checklists are 

intended to serve only as guidance for claimants and that any errors in these checklists 

should not be the basis for a remand of the 

claimant’s claim. 

The Committees expect that, in selecting 

locations for the pilot projects, the Secretary shall ensure that regional offices of 

various size and geographic location are included in the pilot projects. The Committees 

encourage the Secretary to locate the four 

pilot programs for the checklist at locations 

selected for the expedited claims pilot 

projects. 

OFFICE OF SURVIVORS ASSISTANCE

Current Law 

There is no relevant provision in current 

law. 

House Bill 

Section 101 of H.R. 5892, as amended, would 

require VA to create an Office of Survivors 

Assistance (Office) within the Veterans Benefits Administration that would provide policy and program analysis and oversight regarding all benefits and services delivered by 

the VA to survivors of deceased veterans and 

servicemembers. 

The Office would be responsible for ensuring that survivors and dependents of deceased veterans and deceased members of the 

Armed Forces have access to applicable benefits and services provided under title 38. The 

Office would also be responsible for regular 

and consistent monitoring of benefits delivery to survivors and dependents and ensuring 

that appropriate referrals are made with respect to various administrations within the 

VA. 

The Office would act as a primary advisor 

to the Secretary on all matters related to 

the policies, programs, legislative issues, and 

other initiatives affecting such survivors and 

dependents. 

The Secretary would be required to identify and include the activities of the Office 

in the annual report to Congress under section 529 of title 38. 

In establishing the Office, the Secretary 

would have to seek guidance from interested 

stakeholders, including veterans service organizations and other service organizations. 

The Secretary would be required to ensure 

that appropriate personnel, funding, and 

other resources are provided to the Office to 

carry out its responsibilities. 

Senate Bill 

The Senate Bills contain no comparable 

provisions. 

Compromise Agreement 

Section 222 of the Compromise Agreement 

follows the House language with modifications. In the Compromise Agreement, the Office is established in the Department rather 

than in the Veterans Benefits Administration (VBA). The Committees expect that, by 

placing the Office under the Department, the 

full spectrum of VA benefits and services for 

survivors would be addressed. 

The Compromise Agreement does not 

specify the duties of the office in the legislation. However, the Committees intend that 

the Office be responsible for ensuring that 

the surviving spouses, children and parents 

of deceased veterans, including deceased 

members of the Armed Forces, have access 

to applicable benefits and services under 

title 38. The Committees expect that programs carried out by the Department for 

such survivors will be conducted in a manner 

that is responsive to their specific needs. The 

Committees expect the Office to conduct regular and consistent monitoring of the delivery of benefits and services to this population. The Committees expect the Office to 

ensure that policies and procedures are such 

that such survivors will receive appropriate 

referrals to the relevant administrations and 

offices of the Department, so that such survivors may receive all of the benefits and 

services for which they are eligible. 

COMPTROLLER GENERAL REPORT ON ADEQUACY

OF DEPENDENCY AND INDEMNITY COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS

WHO DIE FROM SERVICE-CONNECTED DISABILITIES

Current Law 

VA dependency and indemnity compensation (DIC) is a benefit that is paid to survivors of certain veterans. To be eligible, the 

veteran’s death must have resulted from: a 

disease or injury incurred or aggravated in 

the line of duty or active duty for training; 

an injury incurred or aggravated in the line 

of duty while on inactive duty training; or, a 

service-connected disability or a condition 

directly related to a service-connected disability. 

DIC may also be paid to survivors of veterans who were totally disabled from service-connected conditions at the time of 

death, even if the death was not caused by 

their service-connected disabilities. To be eligible for the benefit under this circumstance, the veteran must have been 

rated totally disabled for the ten years preceding death; rated totally disabled from the 

date of military discharge and for at least 

five years immediately preceding death; or, a 

former prisoner of war who died after September 30, 1999, and who was rated totally 

disabled for at least one year immediately 

preceding death. 

Surviving spouses of veterans who died on 

or after January 1, 1993, receive a basic rate, 

plus additional amounts for dependent children. Surviving spouses of veterans who died 

prior to January 1, 1993, receive an amount 

based on the deceased veteran’s military pay 

grade, plus additional amounts for dependents. 

Senate Bill 

Section 807 of S. 1315, as amended, would 

require the Comptroller General to report on 

the adequacy of DIC to maintain survivors of 

veterans who die from service-connected disabilities. The Comptroller General would be 

required to submit, to the Committees on 

Veterans’ Affairs of the Senate and House of 

Representatives, a report regarding the adequacy of the benefits to survivors in replacing the deceased veteran’s income. The 

Comptroller General would be required to include a description of the current system of 

payment of DIC to survivors, including a 

statement of DIC rates; an assessment of the 

adequacy of DIC in replacing a deceased veteran’s income; and any recommendations 

that the Comptroller General considers appropriate in order to improve or enhance the 

effects of DIC in replacing the deceased veteran’s income. The Comptroller General 

would be required to submit the report not 

later than ten months after the date of enactment of the provision. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 223 of the Compromise Agreement 

follows the Senate language. 

INDEPENDENT ASSESSMENT OF QUALITY

ASSURANCE PROGRAM

Current Law 

Section 7731 of title 38 requires the Secretary to carry out a quality assurance program within the Veterans Benefits Administration. Under this provision, the Secretary 

has elected to carry out a separate quality 

assurance program, the Systematic Technical Accuracy Review (STAR), for measuring compensation and pension claims processing accuracy. 

House Bill 

Section 106 of H.R. 5892, as amended, would 

require the Secretary to contract with an 

independent third-party entity for an annual 

quality assurance assessment. The assessment would measure a statistically valid 

sample of VBA employees and their work 

product to assess quality and accuracy. The 

provision would also require the production 

of automated categorizable data to help 

identify trends. Under this provision, the 

Secretary would be required to use information gathered through the annual assessment 

to develop an employee certification as 

found in section 105 of H.R. 5892, as amended. 

Senate Bill 

The Senate Bills contain no similar provision. 

Compromise Agreement 

Section 224 of the Compromise Agreement 

follows the House bill with modifications. 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10449 

Under the Compromise Agreement, the Secretary would enter into a contract with an 

independent third-party entity to conduct a 

three-year assessment of the quality assurance program. The Committees intend that 

this provision would be applicable only to 

quality assurance programs involving the adjudication of claims for compensation and 

pension benefits. The Compromise Agreement does not include language from section 

106 of H.R. 5892, as amended, which would 

have expressly required the Secretary to ensure the accuracy and consistency across different regional offices with the Department 

as an amendment to 7731, of title 38, United 

States Code. However, the Committees agree 

that the Secretary should strive to reduce 

variances in ratings for disability compensation between regional offices. The Committees note that section 104 of the Compromise 

Agreement requires a report from the Secretary in addressing unacceptable variances 

in compensation payments. 

The Compromise Agreement also contains 

provisions from the House bill which would 

require the Secretary to retain, monitor, and 

store in an accessible format certain data 

with respect to claims for service-connected 

disability compensation. The Committee recognizes that sex and race data are not kept 

by the Department within the database utilized by the Veterans Benefits Administration at this time and, therefore, excluded 

those items from the data required to be collected. 

In other respects, the Compromise Agreement generally follows the House bill. The 

Committees agree that House Report 110–789 

contains a full explanation of the House provisions which were modified in the Compromise Agreement. 

CERTIFICATION AND TRAINING OF EMPLOYEES OF

THE VETERANS BENEFITS ADMINISTRATION

RESPONSIBLE FOR PROCESSING CLAIMS

Current Law 

The Secretary has general authority to 

manage and provide for certification of employees of the Department. There is no specific applicable provision in current law. 

House Bill 

Section 105 of H.R. 5892, as amended, would 

require the Secretary to develop a certification examination to test appropriate VBA 

employees and managers who are responsible 

for processing claims for benefits. The Secretary would be required to develop such examinations in consultation with specified 

stakeholders. The Secretary would be directed to require such employees and managers to take a certification examination. 

The Secretary would be prohibited from satisfying the requirements of the bill through 

the use of any certification examination or 

program that exists as of the date of enactment of the bill. 

The House provision would also require the 

Secretary to contract with an outside entity 

to conduct an evaluation of VBA’s training 

and quality assurance programs within 180 

days of enactment and provide the results of 

such evaluation to Congress. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 225 of the Compromise Agreement 

follows the House language with modifications. The Compromise Agreement would 

apply only to employees and managers who 

are responsible for processing claims for 

compensation and pension benefits. By using 

the general term ‘‘compensation and pension’’ benefits, the Committees intend that 

the provision would apply to employees and 

managers responsible for processing claims 

for all monetary benefits paid to veterans 

and survivors, including DIC, death compensation, death pension and benefits paid to 

children under chapter 18 of title 38. 

Under the Compromise Agreement, the 

Secretary is required to consult with examination development experts, interested 

stakeholders, and employee representatives 

and consider the data produced under section 

7731(c)(3) of title 38 as added by section 224 of 

the bill. 

The Compromise Agreement does not contain the prohibition on use of certification 

examinations or programs that currently 

exist as in H.R. 5892, as amended. However, 

the Compromise Agreement requires the 

Secretary to develop an updated certification examination no later than one year 

after the date of enactment of this bill and 

to begin using the updated examination 

within 90 days after the date on which development of the updated examination is complete. 

The Compromise Agreement does not include the House provision requiring that VA 

contract for an evaluation. However, it does 

require the Comptroller General of the 

United States to evaluate the training programs administered for employees of the 

Veterans Benefits Administration and submit a report on the findings of the evaluation to the Committees. 

STUDY OF PERFORMANCE MEASURES FOR CERTAIN EMPLOYEES OF THE VETERANS BENEFITS

ADMINISTRATION

Current Law 

There is no applicable provision in current 

law. 

House Bill 

Section 103 of H.R. 5892, as amended, would 

require the Secretary to conduct a study of 

VBA’s work credit system, which is used to 

measure the work production of VBA employees. This section of the House bill would 

require that the Secretary consider the advisability of implementing: performance 

standards and accountability measures; 

guidelines and procedures for the prompt 

processing of claims that are ready to rate 

upon submission; guidelines and procedures 

for the processing of such claims submitted 

by severely injured and very severely injured 

veterans; and requirements for assessments 

of claims processing at each regional office 

for the purposes of producing lessons learned 

and best practices. A report on the study 

would be required no later than 180 days 

after the Secretary submits to Congress the 

report; and the Secretary would be obligated 

to establish a new system for evaluating 

work production. This section of H.R. 5892, as 

amended, would prohibit the Secretary from 

awarding a work credit to any employee of 

the Department if the Secretary has not implemented a new system within the time 

specified. 

Section 104 of H.R. 5892, as amended, would 

require the Secretary to conduct a study on 

the work management system of the Veterans Benefits Administration designed to 

improve accountability, quality, and accuracy and reducing the time for processing 

claims for benefits. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 226 of the Compromise Agreement 

generally follows the House language with 

modifications. Under the Compromise Agreement, the Secretary would be required to 

conduct a study on the effectiveness of the 

current employee work credit system and 

the work management system of the Veterans Benefits Administration which is used 

to measure and manage the work production 

of employees of the Veterans Benefits Administration who handle claims for compensation and pension benefits. The Secretary would be required to report to Congress on the work credit system and work 

management system no later than October 

31, 2009. The report would be required to 

identify the components required to implement an updated system for evaluating such 

VBA employees. 

In addition, the Compromise Agreement 

requires that not later than 210 days after 

the date on which the Secretary submits to 

Congress the report required under this section, the Secretary shall establish an updated system, based upon the findings of the 

study, for evaluating the performance and 

accountability of VBA employees who are responsible for processing claims for compensation or pension benefits. 

REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY IN VETERANS BENEFITS

ADMINISTRATION

Current Law 

There is no applicable provision in current 

law. 

House Bill 

Section 110 of H.R. 5892, as amended, would 

require the Secretary to conduct a review, 

no later than one year after the date of enactment of this Act, on the use of information technology within the Veterans Benefits 

Administration. It also requires the Secretary to develop a comprehensive plan for 

use of such technology in processing claims 

for benefits so as to reduce subjectivity, 

avoidable remands, and regional office 

variances in disability ratings for specific 

disabilities. 

The House bill would also require that the 

comprehensive plan include information 

technology upgrades including web portals, 

rules-based expert systems, and decision support software. 

Under the House bill, a report on the 

progress of the review and plan would be due 

to Congress by no later than January 1, 2009. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 227 of the Compromise Agreement 

generally follows the House bill, except that 

it clarifies two of the comprehensive plan requirements contained in section 110 of H.R. 

5892, as amended. The Compromise Agreement gives the Secretary the discretion to 

include the following elements, to the extent 

practicable: the ability for benefits’ claimants to view applications online and compliance with security requirements as noted in 

section 227(b)(3)(B)(ii) of the Compromise 

Agreement. 

The Compromise Agreement also requires 

that the plan be developed, not later than 

one year after date of enactment. 

The Compromise Agreement requires, no 

later than April 1, 2010, a report to Congress 

on the review and the comprehensive plan required under this section. 

STUDY AND REPORT ON IMPROVING ACCESS TO

MEDICAL ADVICE

Current Law 

There is no applicable provision in current 

law. 

House Bill 

Section 108 of H.R. 5892, as amended, would 

require the Secretary to conduct a study to 

evaluate the need of the Veterans Benefits 

Administration to employ medical professionals who are not physicians, to act as a 

medical reference for employees of the Administration so that such employees may accurately assess medical evidence submitted 


rfrederick on PROD1PC67 with SENATE
S10450 CONGRESSIONAL RECORD — SENATE October 2, 2008 

in support of claims for benefits under laws 

administered by the Secretary. The House 

bill would prohibit any medical professionals 

of the Veterans Health Administration from 

being employed to rate any disability or 

evaluate any claim. It would require the Secretary to conduct a statistically significant 

survey of VBA employees to ascertain 

whether, how, and to what degree medical 

professionals could provide assistance to 

such employee. 

Section 108 would also require the Secretary to submit to Congress a report, within 

180 days of enactment of the bill, to evaluate 

the need to employ such medical professionals. If the Secretary hired medical professionals pursuant to this study, the House 

bill would require that all employees of all 

VBA regional offices have access to the medical professionals. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 228 of the Compromise Agreement 

generally follows the House language with 

modifications. The Compromise Agreement 

requires the Secretary to conduct a study to 

assess the feasibility and advisability of various mechanisms to improve communication 

between the Veterans Benefits Administration and the Veterans Health Administration 

when needed by Veterans Benefits Administration employees to carry out their duties. 

The study is also required to evaluate whether additional medical professionals are necessary to provide access to relevant Veterans 

Benefits Administration employees. The 

Compromise Agreement omits the requirement in the House bill for a statistically significant study of employees. 

Title III—Labor and Education Matters 

Subtitle A—Labor and Employment Matters 

REFORM OF USERRA COMPLAINT PROCESS

Current Law 

Chapter 43 of title 38 provides reemployment and employment rights to 

servicemembers, veterans, and those who 

seek to join a uniformed service through the 

Uniformed Services Employment and Reemployment Rights Act (USERRA). Individuals 

can privately enforce their rights by filing a 

complaint in federal or state court, or, in the 

case of a complaint against a federal employer, by submitting a complaint to the 

Merit Systems Protection Board (MSPB). In 

addition, individuals can request assistance 

from the federal government by filing a complaint with the Department of Labor’s Veterans’ Employment and Training Service 

(DOL VETS), which investigates and attempts to resolve complaints, and, if requested, will refer complaints for litigation. 

DOL VETS refers complaints against federal 

agencies to the Office of Special Counsel 

(OSC) and complaints against private sector 

employers and state and local governments 

to the Attorney General. The Special Counsel or Attorney General may represent individuals before the MSPB or in federal court, 

respectively. 

Senate Bill 

Section 302 of S. 3023, as amended, would 

create deadlines for DOL VETS, OSC, and 

the Attorney General to provide assistance 

to servicemembers who believe that their 

rights under USERRA have been violated. 

Within 5 days of receiving a USERRA complaint, DOL VETS would be required to notify a complainant in writing about his or 

her rights to receive governmental assistance, including the right to request a referral and the relevant deadlines that the federal agencies must meet and within 90 days 

of receiving the complaint, DOL VETS would 

be required to complete its assistance and investigation and notify the complainant of 

the results and his or her rights, including 

the right to request a referral and the deadlines federal agencies must meet. Within 48 

days after receiving a request for a referral, 

DOL would be required to refer a complaint 

to OSC or the Attorney General. Within 60 

days of receiving a referral, OSC or the Attorney General would be required to determine whether to provide legal representation 

to the complainant and notify the complainant of that decision in writing. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 311 of the Compromise Agreement 

follows the Senate language. 

MODIFICATION AND EXPANSION OF REPORTING

REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA

Current Law 

Under current law, the Secretary of Labor 

must file an annual report to Congress that 

includes the number of cases reviewed by 

DOL VETS and the Department of Defense 

Employer Support of the Guard and Reserve, 

the number of cases referred to OSC and the 

Attorney General, and the number of complaints filed by the Attorney General. 

Senate Bill 

Section 303 of S. 3023, as amended, would 

expand the reporting requirements regarding 

the federal government’s enforcement of 

USERRA by requiring data on the number of 

individuals whose cases are reviewed by both 

the Department of Defense Employer Support of the Guard and Reserve (DOD ESGR), 

DOL VETS, OSC, and the Attorney General 

that involve a disability-related issue, and 

the number of cases that involve a person 

with a service-connected disability. In addition, the Senate bill would change the date 

on which the report is required. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 312 of the Compromise Agreement 

follows the Senate language. 

TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL ON EMPLOYMENT AND

REEMPLOYMENT RIGHTS OF MEMBERS OF THE

UNIFORMED SERVICES

Current Law 

There is no applicable provision in current 

law. 

Senate Bill 

Section 304 of S. 3023, as amended, would 

add a new section to chapter 43 of title 38 to 

require the head of each Federal executive 

agency to provide training for human resources personnel on the rights, benefits, and 

obligations of members of the Armed Forces 

under USERRA and the administration of 

USERRA by Federal executive agencies. It 

would require that the training be developed 

and provided in consultation with the Office 

of Personnel Management. The training 

would be provided as often as specified by 

the Director of the Office of Personnel Management in order to ensure that the human 

resources personnel are kept fully and currently informed about USERRA. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 313 of the Compromise Agreement 

follows the Senate language. 

REPORT ON THE EMPLOYMENT NEEDS OF NATIVE

AMERICAN VETERANS LIVING ON TRIBAL LANDS

Current Law 

There is no applicable provision in current 

law. 

Senate Bill 

Section 305 of S. 3023, as amended, would 

require a report by the Secretary of Labor on 

efforts to address the employment needs of 

Native American veterans living on tribal 

lands. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 314 of the Compromise Agreement 

follows the Senate language. 

EQUITY POWERS

Current Law 

Under section 4323(e) of title 38 courts may, 

in an action brought against a State or private employer, use their full equity powers 

to vindicate the rights or benefits of individuals provided under USERRA. 

House Bill 

Section 2 of H.R. 6225, as amended, would 

amend section 4323(e) of title 38 to require 

that, in USERRA actions brought against 

private or State employers, courts shall use 

their equity powers in any case in which the 

court determines it is appropriate. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 315 of the Compromise Agreement 

follows the House language. 

WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS’ EMPLOYMENT AND

TRAINING

Current Law 

Section 4103(a)(2) of title 38 requires that 

each State Director of Veterans’ Employment and Training (SDVET) have been, at 

the time of appointment, a bona fide resident 

of the State for at least two years. 

Senate Bill 

Section 303 of S. 1315, as amended, would 

permit waiver of a residency requirement for 

SDVETs. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 316 of the Compromise Agreement 

follows the Senate language. 

MODIFICATION OF SPECIAL UNEMPLOYMENT

STUDY TO COVER VETERANS OF POST 9/11

GLOBAL OPERATIONS

Current Law 

Section 4110A of title 38 requires the Secretary of Labor, through the Bureau of Labor 

Statistics, to submit a report every two 

years on the employment and unemployment 

experiences of Vietnam-era veterans, Vietnam-theater veterans, special disabled veterans, and recently separated veterans. 

Senate Bill 

Section 304 of S. 1315, as amended, would 

update this special unemployment study to 

focus on veterans of the Post-9/11 Global Operations period and require an annual report. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 317 of the Compromise Agreement 

generally follows the Senate language, except that the report would be required to include veterans of the Vietnam era, as well as 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10451 

veterans of the Post-9/11 Global Operations 

period. 

Subtitle B—Education Matters 

MODIFICATION OF PERIOD OF ELIGIBILITY FOR

SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES

TOTAL AND PERMANENT IN NATURE

Current Law 

Under the Survivors’ and Dependents’ Educational Assistance (DEA) program, VA provides up to 45 months of education benefits 

to certain children or spouses of military 

personnel. For instance, the spouse of a veteran or servicemember may be eligible for 

benefits if the veteran died, or is permanently and totally disabled, as the result of 

a service-connected disability or if the veteran died from any cause while a permanent 

and total service-connected disability was in 

existence. 

The spouse generally must use these education benefits within ten years after the 

date on which the veteran dies or is found to 

be permanently and totally disabled. However, if the servicemember died while on active duty, the spouse may use the education 

benefits during the twenty-year period after 

the servicemember’s death. 

Senate Bill 

Section 311 of S. 3023, as amended, would 

extend from ten years to twenty years the 

time within which the spouses of certain severely injured veterans have to use their 

DEA benefits. Specifically, the twenty-year 

period would be available to a spouse of a 

veteran who becomes permanently and totally disabled within three years after discharge from service, if the spouse remains 

married to the veteran. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 321 of the Compromise Agreement 

follows the Senate language. 

REPEAL OF REQUIREMENT FOR REPORT TO THE

SECRETARY OF VETERANS AFFAIRS ON PRIOR

TRAINING

Current Law 

Under current law, State approving agencies approve, for VA education benefits purposes, the application of educational institutions providing non-accredited courses if the 

institution and its courses meet certain criteria. Among these is the requirement that 

the institution maintain a written record of 

the previous education and training of the 

eligible person and what credit for that 

training has been given the individual. The 

institution must notify both VA and the eligible person regarding the amount of credit 

the school grants for previous training. 

Senate Bill 

Section 312 of S. 3023, as amended, would 

repeal the requirement that an educational 

institution providing non-accredited courses 

notify VA of the credit granted for prior 

training of certain individuals. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 322 of the Compromise Agreement 

contains the Senate provision. 

MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF ENROLLMENT IN A CORRESPONDENCE COURSE

Current Law 

Under current law, in the case of courses 

offered through correspondence, an enrollment agreement signed by a veteran, spouse, 

or surviving spouse will not be effective unless he or she, after ten days from the date 

of signing the agreement, submits a written 

and signed statement to VA affirming the 

enrollment agreement. In the event the individual at any time notifies the institution of 

his or her intention not to affirm the agreement, the institution, without imposing any 

penalty or charging any fee, shall promptly 

make a refund of all amounts paid. 

Senate Bill 

Section 313 of S. 3023, as amended, would 

decrease to five days the waiting period before affirmation of enrollment in a correspondence course may be finalized for purposes of receiving educational assistance 

from VA. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 323 of the Compromise Agreement 

follows the Senate language. 

CHANGE OF PROGRAMS OF EDUCATION AT THE

SAME EDUCATIONAL INSTITUTION

Current Law 

Under current law, a student who desires 

to initiate a program of education must submit an application to VA in the form prescribed by the Department. If the student decides a different program is more advantageous to his or her needs, that individual 

may change his or her program of study 

once. However, additional changes require 

VA to determine that the change is suitable 

to the individual’s interests and abilities. It 

is rare for VA to deny a change of program, 

especially if the student is continuing in an 

approved program at the same school. 

Senate Bill 

Section 314 of S. 3023, as amended, would 

repeal the requirement that an individual 

notify VA when the individual changes educational programs but remains enrolled at 

the same educational institution. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 324 of the Compromise Agreement 

follows the Senate language. 

REPEAL OF CERTIFICATION REQUIREMENT WITH

RESPECT TO APPLICATIONS FOR APPROVAL OF

SELF-EMPLOYMENT ON-JOB TRAINING

Current Law 

Under current law, all provisions of title 38 

that apply to VA’s other on-job training 

(OJT) programs (except the requirement that 

a training program has to be for at least six 

months) apply to franchise-ownership OJT, 

including the requirement that the trainee 

earn wages that are increased on an incremental basis. 

Senate Bill 

Section 315 of S. 3023, as amended, would 

exempt on-the-job training programs from 

the requirement to provide participants with 

wages if the training program is offered in 

connection with the purchase of a franchise. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 325 of the Compromise Agreement 

follows the Senate language. 

COORDINATION OF APPROVAL ACTIVITIES IN THE

ADMINISTRATION OF EDUCATION BENEFITS

Current Law 

Under chapter 36 of title 38 VA contracts 

for the services of State approving agencies 

(SAAs) for the purpose of approving programs of education at institutions of higher 

learning, apprenticeship programs, on-job 

training programs, and other programs that 

are located within each SAA’s State of jurisdiction. Generally SAA approval of these 

programs is required before beneficiaries 

may use their educational assistance benefits to pay for them. The Departments of 

Education and Labor also assess education 

and training programs for various purposes, 

primarily for awarding student aid and providing apprenticeship assistance. 

Senate Bill 

Section 301 of S. 1315, as amended, would 

amend section 3673 of title 38 to require VA 

to take appropriate actions to ensure the coordination of approval activities performed 

by SAAs and approval activities performed 

by the Department of Labor, the Department 

of Education, and other entities in order to 

reduce overlap and improve efficiency in the 

performance of those activities. 

House Bill 

The House Bills have no comparable provision. 

Compromise Agreement 

Section 326 of the Compromise Agreement 

follows the Senate language. 

Subtitle C—Vocational Rehabilitation 

Matters 

WAIVER OF 24-MONTH LIMITATION ON PROGRAM

OF INDEPENDENT LIVING SERVICES AND ASSISTANCE FOR VETERANS WITH A SEVERE DISABILITY INCURRED IN THE POST-9/11 GLOBAL

OPERATIONS PERIOD

Current Law 

Under chapter 31 of title 38 VA may provide services to certain veterans with service-connected disabilities to help them 

achieve maximum independence in daily living. Under section 3105 of title 38 the general 

rule is that no more than 24-months of these 

services may be provided to a veteran. However, under section 3105(d) of title 38 the period may be extended if ‘‘the Secretary determines that a longer period is necessary 

and likely to result in a substantial increase 

in a veteran’s level of independence in daily 

living.’’ 

Senate Bill 

Section 301 of S. 3023, as amended, would 

amend section 3105(d) of title 38 to allow VA, 

without having to make such a determination, to extend the 24-month cap on independent living services for any veteran who 

served on active duty during the Post-9/11 

Global Operations period and incurred or aggravated a severe disability during that service. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 331 of the Compromise Agreement 

follows the Senate language. 

INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN INDEPENDENT LIVING PROGRAM

Current Law 

Section 3120(e) of title 38 authorizes VA to 

initiate a program of independent living 

services for no more than 2,500 service-connected disabled veterans in each fiscal year. 

Senate Bill 

The Senate Bills contains no comparable 

provision. 

House Bill 

Section 301 of H.R. 6832 increases to 2,600 

the number of veterans who may initiate a 

program of independent living services in 

any fiscal year. 

Compromise Agreement 

Section 332 of the Compromise Agreement 

follows the House language. 


rfrederick on PROD1PC67 with SENATE
S10452 CONGRESSIONAL RECORD — SENATE October 2, 2008 

REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN COMPLETING VOCATIONAL

REHABILITATION

Current Law 

Under chapter 31 of title 38, VA provides 

vocational rehabilitation and employment 

services to veterans with service-connected 

disabilities. In its July 2007 report, the President’s Commission on Care for America’s Returning Wounded Warriors found that, ‘‘of 

the 65,000 who apply for [VA’s Vocational Rehabilitation and Employment program] each 

year, at most 10,000 of all ages complete the 

employment track in the program each 

year.’’ The Commission also found that ‘‘the 

effectiveness of various vocational rehabilitation programs is not well established, and 

the VA should undertake an effort to determine which have the greatest long-term success.’’ In addition, the Commission recommended that ‘‘VA should develop financial incentives that would encourage completion’’ of vocational rehabilitation. 

Senate Bill 

Section 306 of S. 3023, as amended, would 

require VA to conduct a study that would 

identify the various factors that may prevent or preclude veterans from successfully 

completing their vocational rehabilitation 

plans. It would also require identification of 

actions that the Secretary may take to address such factors. Not later than 270 days 

after beginning the study, VA would be required to submit to the Committees on Veterans’ Affairs of the Senate and House of 

Representatives a report including the findings of the study and any recommendations 

on actions that should be taken in light of 

that study. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 333 of the Compromise Agreement 

generally follows the Senate language, except that it includes language to specify that 

the study is required only to the extent that 

it does not duplicate elements of a VA study 

or report released during the one-year period 

after the date of enactment. 

LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS AFFAIRS VOCATIONAL REHABILITATION

PROGRAMS

Current Law 

Under chapter 31 of title 38 VA provides vocational rehabilitation and employment 

services for certain veterans with serviceconnected disabilities. VA currently collects 

data that does not accurately demonstrate 

the long-term results of participation in, or 

completion of, VA’s vocational rehabilitation and employment program. Typically, 

VA knows how long a veteran spends in the 

various phases in long-term training and the 

costs related to that participation. However, 

VA does not collect data on earnings, promotions, and other long-term employmentrelated data following completion of the program. VA also does not collect data on those 

who may qualify for the program but do not 

complete the track of the program appropriate to their situation. 

House Bill 

Section 1 of H.R. 3889 would require VA, 

subject to the availability of appropriated 

funds, to conduct a longitudinal study, over 

a period of at least 20 years, of a statistically 

valid sample of certain groups of individuals 

who participate in VA’s vocational rehabilitation and employment program. The groups 

of individuals would include those who begin 

participating in the vocational rehabilitation program during fiscal year 2009, those 

individuals who begin participating in such a 

program during fiscal year 2011, and those individuals who begin participating in such a 

program during fiscal year 2014. 

By not later than July 1 of each year covered by the study, the Secretary would be required to submit to the Committees on Veterans’ Affairs of the Senate and House of 

Representatives a report on the study during 

the preceding year. The Secretary would be 

required to include in the report any data 

necessary to determine the long-term outcomes of the individuals participating in the 

program. In addition, each report would be 

required to contain (1) the number of individuals participating in vocational rehabilitation programs who suspended participation 

in such a program during the year covered 

by the report; (2) the average number of 

months such individuals served on active 

duty; (3) the distribution of disability ratings of such individuals; (4) the types of 

other benefits administered by the Secretary 

received by such individuals; (5) the types of 

social security benefits received by such individuals; (6) any unemployment benefits received by such individuals; (7) the average 

number of months such individuals were employed during the year covered by the report; 

(8) the average annual starting and ending 

salaries of such individuals who were employed during the year covered by the report; 

(9) the number of such individuals enrolled in 

an institution of higher learning; (10) the average number of academic credit hours, degrees, and certificates obtained by such individuals during the year covered by the report; (11) the average number of visits such 

individuals made to VA medical facilities 

during the year covered by the report; (12) 

the average number of visits such individuals 

made to non-VA medical facilities during the 

year covered by the report; (13) the average 

annual income of such individuals; (14) the 

average total household income of such individuals for the year covered by the report; 

(15) the percentage of such individuals who 

own their principal residences; and (16) the 

average number of dependents of each such 

veteran. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 334 of the Compromise Agreement 

generally follows the House language, except 

that study participants would be selected 

from those individuals who begin participating in VA’s vocational rehabilitation program during fiscal years 2010, 2012, and 2014. 

Title IV—Insurance Matters 

REPORT ON INCLUSION OF SEVERE AND ACUTE

POST-TRAUMATIC STRESS DISORDER AMONG

CONDITIONS COVERED BY TRAUMATIC INJURY

PROTECTION COVERAGE UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE

Current Law 

Section 1980A of title 38 provides traumatic 

injury protection coverage under the 

Servicemembers Group Life Insurance 

(SGLI) program. Traumatic Servicemembers 

Group Life Insurance (TSGLI) provides coverage against qualifying losses incurred as a 

result of a traumatic injury event. In the 

event of a loss, VA will pay between $25,000 

and $100,000 depending on the severity of the 

qualifying loss. At present, active duty and 

reserve component servicemembers with any 

amount of SGLI coverage are automatically 

covered under TSGLI. A premium (currently 

$1 monthly) is collected from covered members to meet peacetime program expenses; 

the DOD is required to fund TSGLI program 

costs associated with the extra hazards of 

military service. 

Subsection (b)(1) of section 1980A lists 

some qualifying losses for which injured 

servicemembers are covered under TSGLI, 

including, among others, complete loss of vision, complete loss of hearing, amputation of 

a hand or foot and the inability to carry out 

the activities of daily living resulting from 

injury to the brain. PTSD is not currently 

among the conditions classified as qualifying 

a loss. 

Senate Bill 

Section 501 of S. 3023, as amended, would 

require VA, in consultation with the Department of Defense, to submit a report to Congress assessing the feasibility of and advisability of including severe and acute PTSD 

among the conditions covered by TSGLI. The 

report would be due to the Committees not 

later than 180 days after enactment of this 

bill. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 401 of the Compromise Agreement 

follows the Senate language. 

TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER SERVICEMEMBERS’ 

GROUP LIFE INSURANCE

Current Law 

In 2001, section 4 of the Veterans’ Survivor 

Benefits Improvements Act of 2001, Public 

Law 107–14, established a program of family 

insurance coverage under SGLI through 

which an SGLI-insured member’s insurable 

dependents could also be insured. Section 

1965(10) of title 38 defines insurable dependents as the member’s spouse, and the member’s child. Section 101(4)(A) of title 38 defines the term child as a person who is unmarried and under the age of 18 years; who 

became permanently incapable of self support before attaining the age of 18; or a dependent over the age of 18 that is pursuing 

education or training at an approved institution. Dependents over the age of 18 are considered a child until they complete their 

education, or until they reach the age of 23. 

Under current law, stillborn children are not 

eligible for coverage as insurable dependents 

under SGLI. 

Senate Bill 

Section 502 of S. 3023, as amended, would 

amend section 1965(10) of title 38, so as to 

cover a servicemember’s ‘‘stillborn child,’’ as 

an insurable dependent under the SGLI program. The Committees expect VA to issue 

regulations that would define the term in a 

manner consistent with the 1992 recommended reporting requirements of the 

Model State Vital Statistics Act and Regulations as drafted by the Centers for Disease 

Control and Prevention’s National Center for 

Health Statistics. The Model Act recommends a state reporting requirement of 

fetal deaths involving fetuses weighing 350 

grams or more, if the weight is unknown, or 

20 or more completed weeks of gestation, 

calculated from the date last normal menstrual began to the date of delivery. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 402 of the Compromise Agreement 

follows the Senate language. 

OTHER ENHANCEMENTS OF SERVICEMEMBERS’ 

GROUP LIFE INSURANCE COVERAGE

Current Law 

SGLI is a VA-supervised life insurance program that provides group coverage for members on active duty in the uniformed services 

(Army, Navy, Air Force, Marine Corps, and 

Coast Guard), members of the Commissioned 

Corps of the United States Public Health 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10453 

Service and the National Oceanic and Atmospheric Administration, Reserve and National Guard members, Reserve Officer 

Training Corps members engaged in authorized training, service academy cadets and 

midshipmen, Ready Reserve and Retired Reserve members, and Individual Ready Reserve members who are subject to involuntary recall to active duty service. VA purchases a group policy on behalf of participating members from a commercial provider. 

Since the inception of the SGLI program in 

1965, The Prudential Insurance Company of 

America has been the provider. VA’s FY 2009 

budget submission projects that 2,342,000 individuals will be covered under SGLI in FY 

2009. 

Full coverage under SGLI is provided automatically at the maximum coverage amount 

when an individual begins covered service. 

Partial coverage at prorated premium rates 

is available for Reserve and National Guard 

members for active and inactive duty training periods. To be covered in an amount less 

than the maximum, or to decline coverage 

altogether, a member must make a written 

election to that effect. Coverage amounts 

may be reduced in multiples of $10,000. A 

member may also name, at any time, one or 

more beneficiaries of his or her choice. Decisions concerning coverage amounts and designation of beneficiaries are made at the sole 

discretion of members insured under SGLI. 

The Veterans’ Insurance Act of 1974, Public 

Law 93–289, established a new program of 

post-separation insurance known as Veterans Group Life Insurance (VGLI). Like 

SGLI, VGLI is supervised by VA but administered by Prudential. VGLI provides for the 

post-service conversion of SGLI to a renewable term policy of insurance. Persons eligible for full-time coverage include former 

servicemembers who were insured full-time 

under SGLI and who were released from active duty or the Reserves, Ready Reservists 

who have part-time SGLI coverage and who 

incur certain disabilities during periods of 

active or inactive duty training, and members of the Individual Ready Reserve and Inactive National Guard. Like SGLI, VGLI is 

issued in multiples of $10,000 up to the maximum coverage amount, but in no case can 

VGLI coverage exceed the amount of SGLI 

coverage a member had in force at the time 

of separation from active duty service or the 

Reserves. 

Senate Bill 

Section 503 of S. 3023, as amended, includes 

numerous amendments to SGLI. 

Subsection (a) of section 503 would extend 

full-time and family SGLI coverage to Individual Ready Reservists (IRRs), those individuals referred to in section 1965(5)(C) of 

title 38. This group of individuals volunteer 

for assignment to a mobilization category in 

the Individual Ready Reserve, as defined in 

section 12304(i)(1) of title 10. The Veterans’ 

Survivor Benefits Improvement Act of 2001, 

Public Law 107–14, provided SGLI coverage 

for Ready Reservists, referred to in section 

1965(5)(B), but not to IRRs. 

Subsection (b) of section 503 would provide 

that a dependent’s SGLI coverage would terminate 120 days after the date of the member’s separation or release from service, 

rather than 120 days after the member’s 

SGLI terminates. 

Subsection (c) of section 503 would clarify 

that VA has the authority to set premiums 

for SGLI coverage for the spouses of Ready 

Reservists based on the spouse’s age. 

Subsection (d) of section 503 would clarify 

that any person guilty of mutiny, treason, 

spying, or desertion, or who, because of conscientious objections, refuses to perform 

service in the Armed Forces or refuses to 

wear the uniform of the Armed Forces, forfeits all rights to VGLI. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 403 of the Compromise Agreement 

follows the Senate language. 

ADMINISTRATIVE COSTS OF SERVICE DISABLED

VETERANS’ INSURANCE

Current Law 

Under current law, the administrative 

costs of the Service-Disabled Veterans Insurance program are paid for by the Government from VA’s General Operating Expenses 

account. 

Senate Bill 

Section 102 of S. 1315 would allow administrative costs for the S-DVI program to be 

paid for by premiums, as is done with all 

other National Service Life Insurance subfunds. This would allow administrative costs 

to be provided from Veterans Insurance and 

Indemnities and not General Operating Expenses in Function 700 of the Budget of the 

United States Government. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 404 of the Compromise Agreement 

follows the Senate language. 

Title V—Housing Matters 

TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR CERTAIN HOUSING LOANS

GUARANTEED BY SECRETARY OF VETERANS

AFFAIRS

Current Law 

Section 3703 of title 38 stipulates the maximum loan guaranty amounts that VA will 

provide to veterans under its home loan 

guaranty program. Public Law 108–454 increased VA’s maximum guaranty amount to 

25 percent of the Freddie Mac conforming 

loan limit determined under section 305(a)(2) 

of the Federal Home Loan Mortgage Corporation Act for a single family residence, as 

adjusted for the year involved. The Economic Stimulus Act of 2008 (Stimulus Act), 

Public Law 110–185, temporarily reset the 

maximum limits on home loans that the 

Federal Housing Administration (FHA) may 

insure and that Fannie Mae and Freddie Mac 

may purchase on the secondary market to 

125 percent of metropolitan-area median 

home prices, but did so without reference to 

the VA home loan program. This had the effect of raising the Fannie Mae, Freddie Mac, 

and FHA limits to nearly $730,000, in the 

highest cost areas, while leaving the thenVA limit of $417,000 in place. 

On July 30, 2008, the Housing and Economic 

Recovery Act of 2008 was signed into law as 

Public Law 110–289. That law provided a temporary increase in the maximum guaranty 

amount for VA loans originated from July 

30, 2008, through December 31, 2008, to the 

same level as provided in the Stimulus Act. 

Senate Bill 

Section 201 of S. 3023, as amended, in a 

freestanding provision, would apply the temporary increase in the maximum guaranty 

amount, enacted in Public Law 110–289, until 

December 31, 2011. 

House Bill 

Section 203 of H.R. 6832 would amend section 2201 of Public Law 110–289 by striking 

‘‘December 31, 2008’’ and inserting ‘‘December 31, 2011’’. 

Compromise Agreement 

Section 501 of the Compromise Agreement 

follows the Senate language. 

REPORT ON IMPACT OF MORTGAGE

FORECLOSURES ON VETERANS

Current Law 

There is no applicable provision in current 

law. 

Senate Bill 

Section 205 of S. 3023, as amended, would 

require VA to report on the impact of the 

mortgage foreclosure crisis on veterans and 

the adequacy of existing mechanisms available to help veterans. The report would have 

to include four specific elements: (1) a general assessment of the income of veterans 

who have recently separated from the Armed 

Forces; (2) an assessment of the effects of the 

length of the disability adjudication process 

on the capacity of veterans to maintain adequate or suitable housing; (3) a description of 

the extent to which the provisions of the 

Servicemembers Civil Relief Act currently 

protect veterans from mortgage foreclosure; 

and (4) a description and assessment of the 

adequacy of the VA home loan guaranty program in preventing foreclosure for recently 

separated veterans. The report would be due 

to the Committees on Veterans’ Affairs of 

the Senate and the House of Representatives 

no later than December 31, 2009. 

House Bill 

The House Bills contain no comparable 

provisions. 

Compromise Agreement 

Section 502 of the Compromise Agreement 

follows the Senate language. 

REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR DESIGN FURNISHED TO VETERANS

ELIGIBLE FOR SPECIALLY ADAPTED HOUSING

ASSISTANCE BY SECRETARY OF VETERANS AFFAIRS

Current Law 

Section 2103 of title 38 authorizes VA to 

provide, without cost, model plans and specifications of suitable housing units to disabled veterans eligible for specially adapted 

housing under chapter 21 of title 38. Pursuant to this authority, the VA published, in 

April 1978, Pamphlet 26–13, ‘‘Handbook for 

Design: Specially Adapted Housing.’’ 

House Bill 

Section 1 of H.R. 5664 would amend section 

2103 of title 38 to direct the Secretary to update at least once every six years the plans 

and specifications for specially adapted 

housing furnished to veterans by VA. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 503 of the Compromise Agreement 

follows the House language. 

ENHANCEMENT OF REFINANCING OF HOME LOANS

BY VETERANS

Current Law 

Under section 3703(a)(1)(A)(i)(IV) of title 38, 

the maximum VA home loan guaranty limit 

for most loans in excess of $144,000 is equal to 

25 percent of the Freddie Mac conforming 

loan limit for a single family home. Public 

Law 110–289 set this value at approximately 

$182,437 through the end of 2008. This means 

lenders making loans up to $729,750 will receive at least a 25 percent guaranty, which is 

typically required to place the loan on the 

secondary market. Under current law, this 

does not include regular refinance loans. 

Section 3703(a)(1)(B) of title 38 limits to 

$36,000 the guaranty that can be used for a 

regular refinance loan. This restriction 

means a regular refinance over $144,000 will 

result in a lender not receiving 25 percent 

backing from VA. In this situation, the lender is less likely to make the loan to the veteran. This situation essentially precludes a 


rfrederick on PROD1PC67 with SENATE
S10454 CONGRESSIONAL RECORD — SENATE October 2, 2008 

veteran from being able to refinance his or 

her existing FHA or conventional loan into a 

VA guaranteed loan if the loan is greater 

than $144,000. 

Under section 3710(b)(8) of title 38, VA is 

also precluded from refinancing a loan if the 

homeowner does not have at least ten percent equity in his or her home. 

Senate Bill 

Section 202 of S. 3023, as amended, would 

increase the maximum guaranty limit for refinance loans to the same level as conventional loans, which is 25 percent of the 

Freddie Mac conforming loan limit for single 

family home. It would also increase the percentage of an existing loan that VA will refinance under the VA home loan program from 

90 percent to 95 percent. 

House Bill 

Section 302 of H.R. 6832 contains identical 

language as the Senate bill with respect to 

increasing the maximum guaranty limit for 

refinance loans. In addition, section 302 

would increase the percentage of an existing 

loan that VA will refinance from 90 percent 

to 100 percent. 

Compromise Agreement 

Section 504 of the Compromise Agreement 

includes the language pertaining to the increase in the maximum guaranty limit for 

refinance loans that appears in both the 

House and the Senate bills and follows the 

House language with respect to the equity 

requirement. 

EXTENSION OF CERTAIN VETERANS HOME LOAN

GUARANTY PROGRAMS

Current Law 

Section 3707 of title 38 authorizes VA to 

conduct a demonstration project that offers 

guaranties of adjustable rate mortgages 

(ARMs), loans with interest rates that 

change, and ‘‘hybrid’’ adjustable rate mortgages (hybrid ARMs), loans that carry a 

fixed rate of interest for an initial period followed by annual interest rate adjustments 

thereafter. VA currently has authority to 

continue these demonstration projects 

through the end of fiscal year 2008. 

Senate Bill 

Section 203(a) of S. 3023, as amended, would 

amend section 3707 of title 38 to extend VA’s 

ARM and hybrid ARM programs through fiscal year 2012. 

House Bill 

Section 208 of H.R. 6832 contains identical 

language. 

Compromise Agreement 

Section 505 of the Compromise Agreement 

includes this language. 

Title VI—Court Matters 

TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE UNITED STATES COURT

OF APPEALS FOR VETERANS CLAIMS

Current Law 

Under current law, section 7253(a) of title 

38, the United States Court of Appeals for 

Veterans Claims (CAVC) is limited to seven 

active judges. 

Senate Bill 

Section 401 of S. 3023, as amended, would 

temporarily increase the number of active 

judges on the CAVC from seven to nine, effective December 31, 2009. Effective January 

1, 2013, no appointment could be made to 

Court if that appointment would result in 

there being more judges of the Court than 

the authorized number of judges of the Court 

specified in current law. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 601 of the Compromise Agreement 

follows the Senate language. It is the Committees’ expectation that the next Administration will begin vetting candidates for the 

additional judgeships as soon as practicable 

so that by the effective date of this provision, December 31, 2009, Congress might 

begin considering nominations to the Court. 

PROTECTION OF PRIVACY AND SECURITY

CONCERNS IN COURT RECORDS

Current Law 

Current law, section 7268(a) of title 38, provides that ‘‘all decisions of the Court of Appeals for Veterans Claims and all briefs, motions, documents, and exhibits received by 

the Court. . . shall be public records open to 

the inspection of the public.’’ Section 

7268(b)(1) provides that ‘‘[t]he Court may 

make any provision which is necessary to 

prevent the disclosure of confidential information, including a provision that any such 

document or information be placed under 

seal to be opened only as directed by the 

Court.’’ 

Senate Bill 

Section 402 of S. 3023, as amended, would 

amend section 7268 of title 38, so as to require the Court to prescribe rules, in accordance with section 7264(a) of title 38, to protect privacy and security concerns relating 

to the filing of documents, and the public 

availability of such documents, that are retained by CAVC or filed electronically. The 

rules prescribed by the Court would be required to be consistent, to the extent practicable, with rules that address privacy and 

security issues throughout the Federal 

courts. 

House Bill 

The House Bills contain no comparable 

provisions. 

Compromise Agreement 

Section 602 of the Compromise Agreement 

follows the Senate language. 

RECALL OF RETIRED JUDGES OF THE UNITED

STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Current Law 

Under section 7257 of title 38, retiring 

CAVC judges make an election whether to be 

recall eligible. If a judge chooses to be recall 

eligible, the Chief Judge of the CAVC has the 

authority to involuntarily recall that judge 

for up to 90 days per calendar year or, with 

the consent of the judge, to recall the judge 

for up to 180 days per calendar year. Under 

section 7296 of title 38, a recall-eligible retired judge receives annual pay equal to the 

annual salary of an active judge (pay-of-theoffice) and that salary level is not impacted 

by how much recall service is performed during a year. 

Senate Bill 

Section 403 of S. 3023, as amended, would 

modify the authorities for the recall of retired judges and the retirement pay structure. This section would repeal the 180–day 

limit on how many days per calendar year a 

recall-eligible retired judge may voluntarily 

serve in recall status. In addition, for judges 

appointed on or after the date of enactment, 

it would create a three-tiered retirement pay 

structure. Specifically, pay-of-the-office 

would be reserved for judges who are actively 

serving, either as a judge of the Court or as 

a retired judge serving in recall status. When 

not serving in recall status, a recall-eligible 

retired judge would receive the rate of pay 

applicable to that judge as of the date the 

judge retired, as increased by periodic costof-living adjustments. A retired judge who is 

not recall eligible would receive the rate of 

pay applicable to that judge at the time of 

retirement. Finally, section 403 would exempt current and future recall-eligible retired judges from involuntary recall once 

they have served an aggregate of five years 

of recall service. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 603 of the Compromise Agreement 

follows the Senate language. 

ANNUAL REPORTS ON WORKLOAD OF THE UNITED

STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Current Law 

Chapter 72 of title 38 establishes the organization, jurisdiction, and procedures governing the CAVC. That chapter does not require the Court to provide Congress with annual reports on its workload. 

Senate Bill 

Section 404 of S. 3023, as amended, would 

add a section to chapter 72 to establish an 

annual reporting requirement for the CAVC. 

The CAVC would be required to submit to 

the Committees on Veterans’ Affairs of the 

Senate and House of Representatives an annual report summarizing the workload of the 

Court. 

The information required to be in the report would include the number of appeals, 

petitions, and applications for fees under the 

Equal Access to Justice Act (EAJA) filed 

with the Court. It would also include the 

total number of dispositions by the Court as 

a whole, by the Clerk of the Court, by a single judge, by multi-judge panels, and by the 

full Court and the number of each type of 

disposition by the Court, including settlement, affirmation, remand, vacation, dismissal, reversal, grant, and denial. In addition, the required information would include 

the median time from filing an appeal to disposition by the Court as a whole, by the 

Clerk of the Court, by a single judge, or by 

multiple judges; the median time from the 

filing of a petition to disposition by the 

Court; the median time from filing an EAJA 

application to disposition by the Court; and 

the median time from completion of the 

briefing requirements by the parties to disposition by the Court. The report would also 

include the number of oral arguments held 

by the Court; the number of cases appealed 

to the United States Court of Appeals for the 

Federal Circuit; the number and status of appeals, petitions, and EAJA applications 

pending at the end of the fiscal year; the 

number of cases pending for more than 18 

months at the end of the fiscal year; and a 

summary of any service performed by recalled retired judges during the fiscal year. 

In addition, the Court would be required to 

provide an assessment of the workload of 

each judge of the Court, including consideration of the time required of each judge for 

disposition of each type of case, the number 

of cases reviewed by the Court, and the average workload of other Federal judges. 

House Bill 

Section 201 of H.R. 5892, as amended, would 

add a section to chapter 72 to establish an 

annual reporting requirement for the CAVC. 

The CAVC would be required to submit to 

the Committees on Veterans’ Affairs of the 

Senate and House of Representatives an annual report summarizing the workload of the 

Court. The information required to be reported would include the number of appeals 

filed; the number of petitions filed; the number EAJA applications filed; the number and 

type of dispositions; the median time from 

filing to disposition; the number of oral arguments; the number and status of pending 

appeals, petitions, and EAJA applications; a 

summary of any service performed by recalled retired judges; and the number of 

cases pending longer than 18 months. 


rfrederick on PROD1PC67 with SENATE
October 2, 2008 CONGRESSIONAL RECORD — SENATE S10455 

Compromise Agreement 

Section 604 of the Compromise Agreement 

follows the Senate language. 

ADDITIONAL DISCRETION IN IMPOSITION OF

PRACTICE AND REGISTRATION FEES

Current Law 

Under section 7285 of title 38, the CAVC is 

authorized to impose a periodic registration 

fee on individuals admitted to practice before the Court. The maximum amount of any 

such fee is capped at $30 per year. That 

amount is significantly lower than other 

Federal courts generally charge. The Court 

is also authorized to impose a registration 

fee on the individuals participating in the 

Court’s judicial conference. 

Senate Bill 

Section 502 of S. 1315, as amended, would 

strike the $30 cap on the amount of registration fees that may be charged to individuals 

admitted to practice before the Court. It also 

would clarify that any registration fee 

charged by the Court, either for those admitted to practice before the Court or those participating in the judicial conference, must be 

reasonable. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 605 of the Compromise Agreement 

follows the Senate language. 

Title VII—Assistance To United States 

Paralympic Integrated Adaptive Sports 

Program 

DEPARTMENT OF VETERANS AFFAIRS PROVISION

OF ASSISTANCE TO UNITED STATES

PARALYMPICS, INC. AND DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL

EVENTS

Current Law 

Section 521 of title 38 authorizes the Secretary to assist certain organizations in providing recreational activities which would 

further the rehabilitation of disabled veterans. 

House Bill 

Section 3 of H.R. 4255, as amended, would 

authorize the Secretary to provide assistance to the Paralympic Program of the 

United States Olympic Committee (USOC). 

Section 4 of H.R. 4255, as amended, would 

establish the Department of Veterans Affairs 

Office of National Veterans Sports Programs 

and Special Events. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Title VII of the Compromise Agreement 

generally follows the House language. It 

makes the authority to provide assistance to 

the Paralympic Program of the USOC a fouryear pilot program instead of a permanent 

program and makes it clear that the agreement entered into is between VA and United 

States Paralympics, Inc. The Compromise 

Agreement makes it clear that the United 

States Paralympics, Inc., shall continue to 

seek private sponsorship and donors. It further provides for the Comptroller General of 

the United States to provide a report to the 

Congress after three years. 

Title VIII—Others Matters 

AUTHORITY FOR SUSPENSION OR TERMINATION

OF CLAIMS OF THE UNITED STATES AGAINST

INDIVIDUALS WHO DIED WHILE SERVING ON ACTIVE DUTY IN THE ARMED FORCES

Current Law 

In January 2008, VA disclosed that, in an 

attempt to collect debts owed to VA, the Department had contacted the estates of twenty-two servicemembers who died while serving in either Operation Enduring Freedom or 

Operation Iraqi Freedom. Under the relevant 

law in effect at that time, section 5302 of 

title 38, any veteran or active duty 

servicemember indebted to VA due to the 

overpayment or erroneous payment of benefits was able to apply for a waiver from VA 

so as to remove the obligation to pay the 

debt. However, under that law, VA was required to notify the beneficiary, or his or her 

estate if the beneficiary was deceased, when 

an outstanding debt arose and to provide information on the right to apply for a waiver. 

In an attempt to address this situation, the 

Supplemental Appropriations Act, 2008, Public Law 110–252, included a provision that 

added a new section 5302A to title 38, which 

prohibits VA from collecting all or any part 

of a debt owed to VA by a servicemember or 

veteran who dies as the result of an injury 

incurred or aggravated in the line of duty 

while serving in a theater of combat operations in a war or in combat against a hostile force during a period of hostilities after 

September 11, 2001. The Secretary is required 

to determine that termination of collection 

is in the best interest of the United States. 

Senate Bill 

Section 601 of S. 3023, as amended, would 

amend section 3711 of title 31 so as to grant 

VA discretionary authority to suspend or 

terminate the collection of debts owed to it 

by individuals who die while serving on active duty in the Armed Forces. The authority to suspend collection would cover all individuals who die while serving on active 

duty as a member of the Army, Navy, Air 

Force, Marine Corps, or Coast Guard during 

a period when the Coast Guard is operating 

as a service in the Navy. 

Section 601 of S. 3023, as amended, also includes a freestanding provision that would 

permit VA to provide an equitable refund to 

any estate from which it collected a debt 

that it otherwise would have waived had this 

provision been in effect at the time. VA 

would have the discretion to determine in 

which cases, if any, the use of this authority 

would be appropriate. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 801 of the Compromise Agreement 

follows the Senate language. 

THREE-YEAR EXTENSION OF AUTHORITY TO

CARRY OUT INCOME VERIFICATION

Current Law 

Section 6103(l)(7)(D)(viii) of title 26 authorizes the release of certain income information by the Internal Revenue Service (IRS) 

or the Social Security Administration (SSA) 

to VA for the purposes of verifying the incomes of applicants for VA needs-based benefits, including pensions for wartime veterans 

and compensation for Individual 

Unemployability. Section 5317(g) of title 38 

provides VA with temporary authority to obtain and use this information in order to ensure that those receiving benefits under 

these income-programs are not earning a 

greater annual income than the law permits. 

This temporary authority will expire on September 30, 2008. 

Senate Bill 

Section 603 of S. 3023, as amended, would 

extend VA’s authority to obtain income information from the IRS or the SSA until 

September 30, 2011. 

House Bill 

Section 206 of H.R. 6832 would extend VA’s 

authority to obtain income verification from 

the IRS or the SSA until September 30, 2010. 

Compromise Agreement 

Section 802 of the Compromise Agreement 

follows the Senate language. 

MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF ASSETS OF AIR

FORCE HEALTH STUDY

Current Law 

Legislation enacted as section 714 of the 

John Warner National Defense Authorization 

Act for Fiscal Year 2007, Public Law 109–364, 

authorized the Air Force to transfer custody 

of the data and biological specimens to the 

Medical Follow-Up Agency (MFUA). There is 

no provision in current law for the maintenance and management of the assets authorized to be transferred. 

Senate Bill 

Section 805 of S. 1315, as amended, would 

ensure that the assets from the Air Force 

Health Study (AFHS) transferred to the 

MFUA are maintained, managed and made 

available to researchers. In order to ensure 

that sufficient funds are made available for 

this purpose, funding in the amount of 

$1,200,000 would be made available from VA 

accounts available for Medical and Prosthetic Research in each fiscal year from 2008 

through 2011. In addition, funding from the 

same source would be provided in the 

amount of $250,000 for each year to conduct 

additional research using the assets of the 

AFHS. Finally a report would be provided to 

the Congress by March 31, 2011, concerning 

the feasibility and advisability of conducting 

additional research using these assets or disposing of them. 

In the late 1970’s, Congress urged the DOD 

to conduct an epidemiologic study of veterans of ‘‘Operation Ranch Hand,’’ the military units responsible for aerial spraying of 

herbicides during the Vietnam War. In response, the AFHS was initiated in 1982 to examine the effects of herbicide exposure and 

health, mortality, and reproductive outcomes in veterans of Operation Ranch Hand. 

The study is noteworthy for the amount of 

data and biological specimens collected. It 

cost over $143 million and was concluded in 

2006. 

The Senate bill would require VA to provide funding during fiscal years 2008 through 

2011 for the purposes recommended by IOM in 

the Disposition of the AFHS report. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 803 of the Compromise Agreement 

follows the Senate language. 

NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE SCLEROSIS AS A RESULT

OF CERTAIN SERVICE IN THE PERSIAN GULF

WAR AND POST–9/11 GLOBAL OPERATIONS THEATERS

Current Law 

Under current law, veterans gain eligibility for disability benefits by demonstrating a link between their disability 

and their active military, naval, or air service. To establish such a link, the veteran 

must show, generally, that his or her disability resulted from an injury or disease 

that was incurred or aggravated during the 

time of military service. 

In addition to disabilities that can be directly linked to service, certain diagnosed 

diseases are presumed, as a matter of law, to 

be service-connected if they manifest under 

conditions specified by statute. For example, 

section 1112, title 38, provides a presumption 

for certain chronic diseases if manifested to 

a degree of disability of 10 percent or more 

within one year of separation from service, 

for certain tropical diseases if manifested to 


rfrederick on PROD1PC67 with SENATE
S10456 CONGRESSIONAL RECORD — SENATE October 2, 2008 

a degree of disability of 10 percent or more, 

generally, within one year of separation 

from service, and for active tuberculosis or 

Hansen’s disease if manifested to a degree of 

disability of 10 percent or more within three 

years of separation from service. 

In 1962, Public Law 87–645 extended the period of time after separation from service 

that a diagnosis of multiple sclerosis may be 

presumed to be service-connected from three 

to seven years for veterans with wartime 

service. 

Senate Bill 

Section 806 of S. 1315, as amended, would 

require VA to enter into a contract with the 

IOM to conduct a comprehensive epidemiological study to identify any increased risk 

of developing multiple sclerosis, and other 

diagnosed neurological diseases, as a result 

of service in the Southwest Asia theater of 

operations or in the Post 9/11 Global Operations theaters. The Southwest Asia theater 

of operations is defined in section 3.3317 of 

title 38, Code of Federal Regulations. The 

Post 9/11 Global Operations theater is defined 

as Afghanistan, Iraq, or any other theater 

for which the Global War on Terrorism Expeditionary Medal is awarded for service. 

The mandated study would examine the incidence and prevalence of diagnosed neurological diseases, including multiple sclerosis, 

Parkinson’s disease, and brain cancers, as 

well as central nervous abnormalities, in 

members of the Armed Forces who served 

during the Persian Gulf War period and 

Post–9/11 Global Operations period. The 

study would also collect information on possible risk factors, such as exposure to pesticides and other toxic substances. IOM 

would be required to submit a final report to 

VA and the appropriate committees of Congress by December 31, 2012. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 804 of the Compromise Agreement 

generally follows the Senate language. 

TERMINATION OR SUSPENSION OF CONTRACTS

FOR CELLULAR TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS

Current Law 

The Servicemembers Civil Relief Act 

(SCRA), currently found in the appendix to 

title 50, beginning at section 501, is intended 

to provide for the temporary suspension of 

judicial and administrative proceedings and 

transactions that may adversely affect the 

civil rights of servicemembers during their 

military service. Title III of the SCRA extends the right to terminate real property 

leases to active duty servicemembers on deployment orders of at least 90 days. It also 

allows for the termination of automobile 

leases for use by servicemembers and their 

dependents on military orders outside the 

continental United States for a period of 180 

days or more. 

Senate Bill 

Section 804 of S. 1315, as amended, would 

expand the SCRA to allow for the termination or suspension, upon request, of the 

cellular telephone contracts of 

servicemembers deployed outside the United 

States. 

House Bill 

Section 4 of H.R. 6225, as amended, would 

extend the SCRA protections to enable 

servicemembers with deployment orders to 

terminate or suspend service contracts without fee or penalty for such services as cellular phones, utilities, cable television, or 

internet access. 

Compromise Agreement 

Section 805 of the Compromise Agreement 

generally follows the Senate language, except that it also includes a provision allowing servicemembers to suspend or terminate 

cellular phone contracts if they receive orders for a permanent change of duty station. 

CONTRACTING GOALS AND PREFERENCES FOR

VETERAN-OWNED SMALL BUSINESS CONCERNS

Current Law 

Section 502 and 503 of Public Law 109–461, 

the Veterans Benefits, Health Care, and Information Technology Act of 2006, require 

VA to provide certain contracting preferences to small businesses owned by veterans and service-disabled veterans. 

House Bill 

Section 2 of H.R. 6221, as amended, would 

amend section 8127 of title 38 to require the 

Secretary to include in each contract the 

Secretary enters with an agent acting on 

VA’s behalf for the acquisition of goods and 

services a provision that requires the agent 

to comply with the contracting goals and 

preferences for small business concerns 

owned or controlled by veterans set forth in 

sections 502 and 503 of Public Law 109–461. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 806 of the Compromise Agreement 

generally follows the House language except 

that it would apply, to the maximum extent 

feasible, only to contracts entered into after 

December 31, 2008. 

PENALTIES FOR VIOLATION OF INTEREST RATE

LIMITATION UNDER SERVICEMEMBERS CIVIL

RELIEF ACT

Current Law 

The SCRA provides that penalties under 

title 18 may be imposed against anyone who 

knowingly takes part in or attempts to violate certain applicable protections. 

House Bill 

Section 5 of H.R. 6225 would amend section 

207 of the SCRA by placing a fine of $5,000 

and $10,000 on any individual or organization, 

respectively, who knowingly violates certain 

SCRA rights of a servicemember. It would 

further provide for attorney fees and treble 

damages in certain cases. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 807 of the Compromise Agreement 

follows the House language to add penalties 

in section 207 of the SCRA. 

FIVE-YEAR EXTENSION OF SUNSET PROVISION

FOR ADVISORY COMMITTEE ON MINORITY VETERANS

Current Law 

Section 544 of title 38 required the Secretary to establish an Advisory Committee 

on Minority Veterans. Under section 544(e) of 

title 38, the Committee will cease to exist on 

December 31, 2009. 

House Bill 

Section 1 of H.R. 674 would repeal the sunset date on the Advisory Committee on Minority Veterans. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 808 of the Compromise Agreement 

would extend the sunset date on the Advisory Committee on Minority Veterans for 

five years from the current date of expiration, until December 31, 2014. 

AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE TO PROMOTE AWARENESS

OF BENEFITS UNDER LAWS ADMINISTERED BY

THE SECRETARY

Current Law 

The Anti-Deficiency Act, section 1341 of 

title 5, prohibits the use of appropriated 

funds for publicity or propaganda purposes. 

Section 404 of Public Law 110–161, the Consolidated Appropriations Act of 2008, reinforced this prohibition stating: 

No part of any funds appropriated in this 

Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, 

for publicity or propaganda purposes, and for 

the preparation, distribution or use of any 

kit, pamphlet, booklet, publication, radio, 

television, or film presentation designed to 

support or defeat legislation pending before 

Congress, except in presentation to Congress 

itself. 

Although executive branch departments 

and agencies are prohibited from using appropriated funds to engage in ‘‘publicity or 

propaganda,’’ there is no such prohibition 

against disseminating information about 

current benefits, policies, and activities. 

Military recruiting advertising campaigns 

are a primary example of an acceptable use 

of appropriated funds. 

House Bill 

Section 2 of H.R. 3681 would add a new section 532 to title 38 authorizing the Secretary 

to advertise in national media to promote 

awareness of benefits under laws administered by the Secretary. 

Senate Bill 

The Senate Bills contain no comparable 

provision. 

Compromise Agreement 

Section 809 of the Compromise Agreement 

follows the House language. 

MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED SURVIVING SPOUSES OF

VETERANS

Current Law 

Section 2306(b)(4)(B) of title 38 authorizes 

VA to furnish an appropriate memorial headstone or marker to commemorate eligible individuals whose remains are unavailable. Individuals currently eligible for memorial 

headstones or markers include a veteran’s 

surviving spouse, which is defined to include 

‘‘an unremarried surviving spouse whose subsequent remarriage was terminated by death 

or divorce.’’ Thus, a surviving spouse who remarried after the veteran’s death is not eligible for a memorial headstone or marker 

unless the remarriage was terminated by 

death or divorce before the surviving spouse 

died. However, a surviving spouse who remarried after the veteran’s death is eligible 

for burial in a VA national cemetery without 

regard to whether any subsequent remarriage ended. 

Senate Bill 

Section 602 of S. 3023, as amended, would 

extend eligibility for memorial headstones 

or markers to a deceased veteran’s remarried 

surviving spouse, without regard to whether 

any subsequent remarriage ended. 

House Bill 

The House Bills contain no comparable 

provision. 

Compromise Agreement 

Section 810 of the Compromise Agreement 

follows the Senate language. 

f 

OBJECTION TO DISCHARGE 

Mr. GRASSLEY. Mr. President, as 

the ranking Republican of the Finance 


rfrederick on PROD1PC67 with SENATE