Veterans Long-Term Care Security Act of 2006

Mr. President, as ranking member of the Committee on Veterans' Affairs, I urge my colleagues to support our veterans, current servicemembers, and their families by supporting S. 3421, an omnibus veterans measure entitled Veterans Benefits, Healthcare, and Information Technology Act of 2006.

This measure is a compromise agreement between the House Committee on Veterans' Affairs and the Senate Committee on Veterans' Affairs, and is based on several pieces of legislation. Like all compromises, no one got all he or she wanted, but in the end, I believe that it represents a good package of provisions. This legislation would improve and expand a wide variety of services to our veterans, and includes provisions relating to veterans benefits, health care, and information technology matters for the Department of Veterans Affairs. Of particular importance are provisions to enhance mental health and readjustment services for veterans returning to civilian life, to improve long-term care services for aging veterans, and to modify the State veterans' home program.

At the outset, I note my dissatisfaction with the undue haste with which the legislative package, the bill itself and the accompanying explanatory statement that my colleague, the committee chairman, Senator Craig, will include at the end of his remarks, was assembled.

Because of the way this legislation was negotiated, we were not able to reach final agreement on its contents until Wednesday morning, just two days ago. At that time, the chairman of the House Veterans' Affairs Committee for the first time agreed to negotiate on a particular provision passed by the House relating to a construction project in South Carolina. As a consequence of his belated agreement to enter into discussions, we were able to arrive at a compromise, a result that we could have achieved in September.

Because the final agreement was reached so late in the session, staff of the two committees and from the two Offices of Legislative Counsel, worked many long hours trying to accomplish the nearly impossible task of assembling the bill, which is over 160 pages, and then drafting an explanatory statement on the legislation.

In the best of times, such a process can easily take a week or more. We were forced to try to do it all in just 2 days. It is near certainty that this haste has led to the inclusion of errors in both the legislation and the explanatory statement, errors which could have been caught and remedied had there been sufficient time. This is certainly no way to do our business and, to the extent it will be in our power, we will not legislate this way in the future.

That said, the bill is now before the Senate, and I will touch on some of the key provisions.

The Department of Veterans Affairs has been tasked with meeting the needs of those who serve in the military, with a particular emphasis on those injured during their service. A number of provisions in the compromise agreement are intended to help VA fulfill that obligation.

Often, the types of injuries endured in combat are invisible in nature. We must make sure that returning servicemembers receive the readjustment and mental health care services they need for a seamless reintegration to civilian life. Provisions in the compromise agreement seek to do just that by establishing VA systemwide guidelines for screening primary care patients for potential mental health issues, as well as appropriately training clinicians to carry out mental health consultations. Identifying the need for assistance is the first step; this measure also provides for the next step by ensuring that VA has the capacity to furnish mental health services at every VA community- based outpatient clinic.

Because veterans often seek readjustment counseling and other mental health care in their own communities, it is imperative that VA's veterans centers are able to provide needed services. The compromise agreement contains provisions, derived from S. 716, legislation I introduced which cleared the Senate nearly a year ago, which would authorize resources needed by

veterans centers to carry out their long standing mission of helping veterans. These provisions would also help ensure that VA has sufficiently trained outreach workers to encourage veterans to seek assistance. Veterans centers provide veterans with a safe place to turn for readjustment counseling or assistance; they make over 100,000 referrals a year for benefits and VA medical services. In addition to providing counseling services to veterans, family members too can find solace at veterans centers. This legislation would clarify that parents of those servicemembers who have died would be eligible to receive bereavement counseling at veterans centers.

The compromise agreement also addresses the goal of encouraging and supporting alternatives to institutional long-term care. It includes provisions derived from S. 2753, a bill I introduced, that was designed to promote assistance to those who look after veterans, especially in noninstitutional, home-based settings. The relevant provision in the compromise agreement would authorize VA to carry out a pilot program to assist family members who care for their disabled loved ones. Caregivers, particularly those who live in rural and geographically remote areas, would receive a helping hand through services such as adult day care and respite care.

Furthermore, the compromise agreement seeks to ensure more appropriate payment for the cost of long-term care provided to certain seriously disabled veterans who are receiving care in State veterans' homes. In January 2006, the committee held field hearings in my home State of Hawaii. Tom Driskill, the president and CEO of Hawaii Health Systems Corporation, testified about the soon-to-be-built State home in Hilo. He said, ``The synergy of a combined Federal and State funding of the home has been the catalyst for making this dream a reality.'' The adjustments this legislation would make to the current cost-sharing arrangement between VA and the States, which are derived from S. 2762, legislation I introduced, will help ensure high quality care in State homes not only in Hawaii, but across the entire Nation.

Currently, care is provided at no cost to the veteran when VA provides institutional, long-term care services to those with service- connected disabilities rated 70 percent or higher in a VA nursing home or a private nursing care facility with which VA contracts. However, when the care is provided in a State veterans' home, VA pays only a per diem to the State, which then may bill the veteran for the remaining costs. This measure would provide for the same payment to State veterans' homes that is provided to community nursing homes.

This compromise agreement also includes a provision from a bill I introduced, S. 1537, that would authorize VA to designate at least two Multiple Sclerosis Centers of Excellence and six Parkinson's Disease Research, Education and Clinical Centers. VA centers of excellence have been the model of innovation in the delivery of highly specialized health care and research for chronic disease in the veteran population. Providing a statutory basis for these centers will ensure continued research and development of progressive treatments to help reduce symptoms and improve the quality of life for veterans battling with these neurological diseases. This provision is especially significant as it will be part of Congressman Lane Evans' legislative legacy, as ranking member of the House Committee on Veterans' Affairs. It is fitting that we pay tribute to his service through this measure. I thank my good friend and colleague for his leadership on this issue and for his service to our great Nation, as a marine and in Congress.

The compromise agreement includes a provision that would allow VA to extend its State Cemetery Grants Program to tribal organizations. This change, derived from my bill, S. 2659, would allow for the establishment, expansion, and improvement of veterans cemeteries on trust lands. If enacted, it will enable veterans living on trust lands to have an option for burial much closer to their family members and other loved ones.

Another provision in the compromise would authorize VA to provide home loan guarantees to veterans who want to use their home loan eligibility to purchase stock in a cooperative housing corporation. Under current law, VA is authorized to guarantee loans for eligible veterans and their survivors to build or buy a home, including residential condominiums. In many large cities, housing cooperatives make up a large percentage of available affordable housing. This provision, derived originally from legislation introduced by Senator Schumer, would give veterans greater housing choice by allowing them to use their hard-earned benefits to buy shares in a housing cooperative.

In response to the concerns of some individuals, the provisions in the compromise agreement related to allowing veterans and other claimants to hire attorneys to represent them before VA have been modified from what originally passed the Senate earlier this year, so as to allow individuals to hire attorneys only after a notice of disagreement has been filed in a case. This change should result in there being no impact on the claims adjudication system until after VA renders its first final decision. Currently, veterans are prohibited from retaining counsel until after the Board of Veterans' Appeals renders a final decision.

Additionally, I am pleased that we were able to reach a compromise on information security matters. I remain committed to ensuring that VA takes aggressive action to protect our veterans' personal information, and in the event of a data breach, that they provide the affected veterans with appropriate identity and credit protection services.

I also express my satisfaction at our success in maintaining the provisions in current law which prohibit the use of appropriated VA health care funds for conducting public and private cost comparison studies. This prohibition protects veterans by precluding the use of scarce health care dollars for other purposes and protects VA employees from efforts to privatize their duties.

This legislation is appropriate and needed at a time when our service-members are in harm's way. We must always remember the sacrifices that our servicemembers, both past and present, have made on behalf of this great Nation, and we must do our part to respond to their service by remaining strong in our support of veterans services.

I am proud that our committee continues its tradition of bipartisanship. The effort that produced the final version of this legislation, vital to the continued provision of quality health care and benefits to our Nation's veterans, is just the latest example of that spirit. I thank Senator Craig for his leadership and for his cooperation and assistance. I also thank the staff of the majority, especially Bill Cahill, Jon Towers, Amanda Meredith, Helen Walker, and Lupe Wissel, as well as those on the Democratic staff, Kim Lipsky, Alexandra Sardegna, Dahlia Melendrez, Ted Pusey, Michelle Moreno, and Bill Brew for their hard work on this legislation.

At this time, Mr. President, I would like to take the opportunity to wish my warmest aloha to Senator Jim Jeffords, who is retiring after 32 years in Congress. The Committee on Veterans' Affairs will be losing one of its finest and most esteemed members. A veteran himself, Senator Jeffords has been a strong voice and advocate for veterans. I thank Senator Jeffords for his service. He will truly be missed.

I urge my colleagues to support this compromise agreement on behalf of America's veterans and their families.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 22, 2006, at 3:30 p.m., to conduct a hearing on ``Reauthorization of the Iran Libya Sanctions Act.''

Mr. President, I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation be authorized to hold an Executive Session to begin at 2 p.m. on Thursday, June 22, 2006.

THE PRESIDING OFFICER. Without objection, it is so ordered.

Committee on Energy and Natural Resources

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 22, 2006, at 10 a.m. The purpose of

this hearing is to receive testimony on S. 2747, to enhance energy efficiency and conserve oil and natural gas, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 22, 2006, at 9:30 a.m., to hold a hearing on Energy Security in Latin America.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 22, 2006, at 2 p.m., to hold a hearing on a nomination.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to hold a hearing during the session of the Senate on Thursday, June 22, 2006, at 10 a.m., in SD-430.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, June 22, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a business meeting voting out the report on the Indian Lobbying Misconduct Investigation, and other pending matters.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, June 22, 2006, at 9:30 a.m in the Dirksen Senate Office Building Room 226. The agenda will be provided when it becomes available.

I. Nominations: Brett L. Tolman, to be U.S. Attorney for the District of Utah.

II. Bills: S. 2453, National Security Surveillance Act of 2006, [Specter]; S. 2455, Terrorist Surveillance Act of 2006, [De Wine, Graham]; S. 2468, A bill to provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, and for other purposes, [Schumer]; S. 3001, Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006, [Specter, Feinstein]; S. 2831, Free Flow of Information Act of 2006, [Lugar, Specter, Graham, Schumer, Biden]; H.R. 1036, Copyright Royalty Judges Program Technical Corrections Act, [Smith-TX]; S. 155, Gang Prevention and Effective Deterrence Act of 2005, [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]; S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 [Specter, Leahy, Grassley, Kennedy, DeWine, Feinstein, Brownback, Durbin, Schumer, Kohl, Biden, Feingold]; and S. 1845, Circuit Court of Appeals Restructuring and Modernization Act of 2005, [Ensign, Kyl].

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, June 22, 2006, to mark up pending VA legislation:

The markup will take place in room 418 of the Russell Senate Office Building at 10 a.m.

The bills to be considered are:

S. 2562 (Chairman Larry E. Craig), the ``Veterans' Compensation Cost- of-Living Adjustment Act of 2006'';

S. 3421 (Chairman Larry E. Craig), A bill to authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal years 2006 and 2007.

Committee Print of S. 2694 (Chairman Larry E. Craig), the ``Veterans' Choice of Representation and Benefits Enhancement Act of 2006''. The Committee Print contains the following provisions:

From S. 2694, as introduced: Attorney representation in veterans benefits cases before the Department of Veterans Affairs;

From S. 2659 (Ranking Member Daniel K. Akaka): Eligibility of Indian tribal organizations for grants for the establishment of veterans cemeteries on trust lands;

From S. 1759 (Chairman Larry E. Craig): Requiring the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery;

From S. 3069 (Senator Christopher Dodd): Extending the provision of government grave markers;

From S. 2416 (Senator Conrad Burns): Expansion of education programs eligible for accelerated payment of educational assistance under the Montgomery GI Bill;

From S. 3363 (Senator Mike DeWine): Accelerated payment of survivors' and dependents' educational assistance for certain programs of education;

Original Provision (from Chairman Larry E. Craig): Extend reporting requirement on the operation of the Montgomery GI Bill program;

Original Provision (from Chairman Larry E. Craig): Reducing amounts available for State Approving Agencies in fiscal years 2010 and 2011 paid from VA's readjustment benefit account;

From S. 2121 (Senator Charles Schumer): Residential cooperative housing units;

From S. 1252 (Ranking Member Daniel K. Akaka): Supplemental insurance for totally disabled veterans;

Original Provision (from Chairman Larry E. Craig): Reauthorization for use of certain information from other agencies;

Original Provision (from Chairman Larry E. Craig): Clarification of correctional facilities covered by certain provisions of law.

From S. 1537 (Ranking Member Daniel K. Akaka): Establishment of Parkinson's Disease and Multiple Sclerosis Centers of Excellence.

From S. 2634 (Chairman Larry E. Craig): Sections (a)(1) and (b)(1) of it the bill pertaining to Term Limits for the Positions of Under Secretary for Health and Under Secretary for Benefits.

From S. 2762 (Ranking Member Daniel K. Akaka): Requirement for VA to pay full costs for certain service-connected veterans residing in state homes, provide medications for certain service-connected conditions to veterans residing in state homes, and create a limited authority for the Secretary to designate certain beds in non-state facilities as state homes for purposes of per diem payments.

From S. 2433 (Senator Ken Salazar): A provision to create an Office of Rural Health in the Office of the Under Secretary for Health at the Department of Veterans Affairs.

From S. 2753 (Ranking Member Daniel K. Akaka): A provision to authorize a pilot program to provide care-giver assistance and noninstitutional care services.

From S. 3545 (Chairman Larry E. Craig, Ranking Member Akaka, Senators Burr and Obama):

Improvements to services, housing, and assistance provided to homeless veterans.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on June 22, 2006, at 2:30 p.m. to hold a closed briefing.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights be authorized to meet on Thursday, June 22, 2006 at 3 p.m. to conduct a hearing on ``The AT&T and BellSouth Merger: What Does it Mean for Consumers?'' in room 226 of the Dirksen Senate Office Building. The witness list is attached.

Panel I: Edward E. Whitacre Jr., Chairman and CEO, AT&T Inc., San Antonio, TX; F. Duane Ackerman,

Chairman and CEO, BellSouth Corporation, Atlanta, GA; James F. Geiger, President and CEO, Cbeyond Communications, Atlanta, GA; and Jonathan L. Rubin, Senior Research Fellow, American Antitrust Institute, Washington, DC.

Subcommittee on Clean Air, Climate Change, and Nuclear Safety

Mr. President, I ask unanimous consent that on Thursday, June 22, 2006, at 9:30 a.m. the Subcommittee on Clean, Air, Climate Change, and Nuclear Safety be authorized to hold an oversight hearing on the regulatory processes for new and existing nuclear plants.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs' Subcommittee on Federal Financial Management, Government Information, and International Security be authorized to meet on Thursday, June 22, 2006, at 2:30 p.m. for a field hearing regarding ``Lessons Learned? Assuring Healthy Initiatives in Health Information Technology.''

Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 22, 2006 at 2:30 p.m.

The purpose of the hearing is to receive testimony on the following bills: S. 574, a bill to amend the Qunebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to increase the authorization of appropriations and modify the date on which the authority of the Secretary of the Interior terminates under the Act; S. 1387, a bill to provide for an update of the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor, to extend the authority of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission, to authorize the undertaking of a special resource study of sites and landscape features within the corridor, and to authorize additional appropriations for the corridor; S. 1721, a bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas, and for other purposes; S. 2037, a bill to establish the Sangre De Cristo National Heritage Area in the State of Colorado, and for other purposes; and S. 2645, a bill to establish the journey through Hallowed Ground National Heritage Area and for other purposes.

Mr. President. I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation Subcommittee on Trade, Tourism, and Economic Development be authorized to meet on Thursday, June 22, 2006, at 10 a.m. on the state of the U. S. Tourism Industry.

Mr. President, I have sought recognition to comment on comprehensive, bipartisan legislation reported from the Committee on Veterans' Affairs and now awaiting full Senate approval. S. 2694, the Veterans' Choice of Representation and Benefits Enhancement Act of 2006, contains 28 provisions representing the collective

work of 44 Senators who either sponsored or cosponsored bills that were incorporated into this important legislation.

S. 2694 includes provisions that would improve educational assistance benefits for veterans and their survivors; reauthorize and enhance various programs of assistance for homeless veterans; reduce nursing home and prescription medication costs for service-disabled veterans residing in State veterans' nursing homes; enhance memorial affairs benefits and preserve the character of Arlington National Cemetery as a shrine for our honored dead; and, as the bill's title suggests, provide veterans with the freedom to hire attorneys to represent them during the VA claims process. I will take a few minutes to describe the sections of the bill that I sponsored, none I am more proud of than the choice of representation provision. For a full accounting of all of S. 2694's provisions, I ask my colleagues to read Senate Report 109-297.

Currently, veterans and other claimants seeking veterans' benefits may not hire an attorney until the VA administrative proceedings have been completed a process that often takes several years. That law flows from a Civil War era policy intended to protect veterans from unscrupulous attorneys. That policy arose at a time--unlike today--when attending law school was not required to become a lawyer and there was no effective professional oversight of lawyers.

In recent months, it has become abundantly clear that many veterans and their survivors want the option of hiring an attorney to help them navigate the increasingly complex VA system. In fact, the prohibition against veterans hiring attorneys is considered to be unfair and outdated by a broad spectrum of individuals and organizations, including veterans' organizations, veterans' advocates, judges, law professors, and bar associations.

For these reasons, I joined with Senator Lindsey Graham in introducing legislation to end the outdated, paternalistic restriction on the freedoms of veterans. Section 101 of S. 2694 would repeal the existing prohibition against veterans hiring attorneys to help them obtain benefits from VA. I am delighted that we are closer to doing away with this outdated law and allowing veterans like all other adults in this Nation--to have the assistance of counsel if they so choose.

Title V of S. 2694 represents the first effort in 5 years to enact comprehensive homeless veterans' assistance legislation. Five years ago, Congress set an ambitious goal to end homelessness among veterans by 2011. I am not one who sets goals lightly, especially one so important. Therefore, I joined with Senators Akaka, Burr and Obama to craft the provisions in title V which will both improve services for homeless veterans, and help prevent chronic homelessness among our servicemen and women returning from the war on terror. Among other things, this measure would extend the authorization of appropriations for comprehensive services for homeless veterans, reauthorize a grant program for homeless veterans with special needs, and extend the authority of the Advisory Committee on Homeless Veterans. It would also extend the authority of VA to transfer properties it obtains after foreclosures on homes financed with VA-guaranteed loans to organizations which assist homeless veterans and their families in acquiring shelter. Finally, the bill would authorize appropriations for a program designed to prevent homelessness by providing financial assistance to eligible entities to provide and coordinate the provision of supportive services for very low-income veteran families occupying permanent housing.

I want to be clear, however, that I will be monitoring whether these programs are having the effect we expect them to. In March, I held a hearing on the needs of homeless veterans, at which VA, its Federal partners, and community-based service providers to the homeless testified about what is working, what isn't, what duplication might be eliminated, and where deficiencies exist that must be addressed. We learned that more than a half dozen Federal agencies will devote over $2 billion to homelessness. VA alone will spend upward of $221 million on grants, housing and treatment of underlying conditions. In fact, the fiscal year 2007 budget for VA will support a record level of funding for the sixth straight year for targeted programs for homeless veterans. Plainly stated, we cannot afford to waste any money. We must ensure that our resources are invested carefully so that homeless veterans can resume their self-sufficiency and independence.

Section 402 of S. 2694 is derived from legislation I introduced that would remove the four-year limit on the terms for the positions of Under Secretary for Health and Under Secretary for Benefits at VA. When the term limits were originally created, I think we all hoped that they would allow the two officials to serve four consecutive years without any political considerations, regardless of whether the service was in different administrations or under different VA leadership. History, however, has shown us that new administrations or even new VA leadership within the same administration often bring new people at all levels of government, including the two Under Secretary positions. In fact, the last three Under Secretaries for Health and the previous Under Secretary for Benefits did not complete a full 4-year term. Therefore, this provision would eliminate what are, in effect, limits on terms that serve no useful purpose.

The last of the provisions I sponsored touches on a subject that most of my colleagues likely remember. Last summer, we learned that the remains of a brutal murderer--Russell Wayne Wagner--were placed in the Nation's preeminent military cemetery, Arlington National Cemetery. I was appalled to discover that the law enacted in 1997 to deny capital offenders from burial in national cemeteries did not apply to Wagner. While we moved swiftly to close the loophole that permitted Wagner's burial in the first place, the question remained: should his remains continue to be included among the scores of honored dead in Arlington? For me and Senator Mikulski, the answer was ``no.'' That is why we sponsored legislation now contained in section 202 of S. 2694 which would direct the Secretary of the Army to remove Wagner's remains from Arlington. As I stated last summer, we must not dishonor the sacrifices made by those memorialized at our Nation's military cemeteries by including among them individuals who, through their own heinous acts, have grievously dishonored themselves.

Mr. President, I want to thank all of the members of the committee and other Senators who worked so diligently on this bill. In particular, I commend the committee's anking member, Senator Akaka. I have said it before and I'll repeat it today, Hawaii's veterans are fortunate to have Senator Akaka as their advocate. It is been a pleasure working with him.

In closing, I ask for the support of the Senate in adopting S. 2694. It is an important, historic piece of legislation that will respect the freedoms won by our veterans on the battlefield, and will improve benefits available to them when they return home from it.

Mr. President, today I am proud to file the Medicare Part D Outreach and Enrollment Enhancement Act of 2006. This timely piece of legislation addresses two very targeted administrative issues that have come to light since Medicare's new prescription drug benefit became effective earlier this year. I am also pleased that Senator Bingaman is joining on this bill.

With more than 30 million beneficiaries now receiving coverage through Medicare Part D, the program is well on its way to helping deliver much needed access to lower cost prescription drugs. And with the close of the initial enrollment period on May 15 looming, the Centers for Medicare and Medicaid Services (CMS) and advocacy organizations across the country are working diligently to provide last minute assistance to those beneficiaries still wishing to enroll.

However, even after the May 15 deadline passes, beneficiaries will still need counsel on the program's benefits, including the availability of the low-income subsidy. For instance, dual eligible beneficiaries and those who previously received assistance through a Medicare Savings Program have the ability to change their prescription drug plan monthly. This particularly vulnerable group of beneficiaries likely will need extra assistance in choosing a plan that more appropriately meets their medical and financial needs.

There also are those beneficiaries who will age into Medicare throughout the year. They will be provided an initial enrollment period to choose a prescription drug plan once they turn age 65. And with the first regular enrollment cycle beginning in November, many beneficiaries will need advice as they evaluate new plan options or consider switching plans if their existing coverage has changed. We owe it to our seniors to provide them quality information so they can make the best possible prescription drug plan choice.

That is why I am asking for increased Part D outreach and education funding in the bill I am filing today. State Health Insurance Programs (SHIPs), which provide a range of valuable services, help beneficiaries select quality prescription drug plans, identify additional financial help with their drug costs, and resolve general enrollment difficulties.

This year, CMS supported the outreach work of SHIPs with a $30 million allotment. Despite this funding, there still remains a great need to raise further awareness about the new Part D benefit among beneficiaries and provide them assistance with selecting an

appropriate prescription drug plan. The Outreach and Enrollment Enhancement Act would allocate SHIPs an additional $13.5 million, bringing their total funding to $43.5 million, or, one dollar per Medicare beneficiary. To assure that the work of SHIPs is sufficiently supported in future years, the bill also creates a new funding authorization that is set to increase as the number of Medicare beneficiaries grows.

The legislation I am filing today also provides funding to the Area Agencies on Aging (AAA) and Native American aging programs that have absorbed an increased workload since the passage of the Medicare Modernization Act. In Oregon, the Multnomah County AAA has incurred $30,000 in expenses related to Medicare outreach since the beginning of this year, but they have received very little new funding in return. The bill recognizes the important role AAAs and Native American aging programs play in helping elderly Americans enroll in Medicare by providing new funding in the amount of $6.3 million this fiscal year.

Apart from increased funding for outreach and education, the bill addresses a very targeted problem with the current enrollment process that has recently become apparent. Beneficiaries who believe their income and asset levels may qualify them for extra help with their prescription drug costs may apply for a low-income subsidy (LIS) at any point during the year. If they submit an application to the Social Security Administration (SSA) during an initial enrollment period but do not receive notification of their eligibility before the enrollment deadline, they have one of two options available to them. They could enroll into a prescription drug plan before the deadline not knowing whether they will have to pay all or part of the costs of the monthly premium. This could place a beneficiary in the awkward position if they choose a plan that they ultimately are unable to afford.

Under a recent CMS administrative action, beneficiaries who have applied for the LIS subsidy could choose to delay their enrollment in the program until they receive notification of their eligibility for a subsidy. However, they still would be required to pay a late enrollment penalty. While enrolling late may allow a beneficiary to make a more informed decision regarding their prescription drug plan, it would not be fair to assess them a fee simply because there was administrative delay in processing their LIS application. Both of these scenarios place beneficiaries in an untenable position. For the enrollment process to be successful, beneficiaries need to have as much information available to them as possible so they may choose the prescription drug plan that best meets their preferences.

The Outreach and Enrollment Enhancement Act provides a solution to this dilemma. The legislation creates a special 30-day enrollment period that begins on the day a beneficiary receives a decision regarding their LIS eligibility. Most importantly, the late enrollment penalty that would be imposed upon them under current law would be waived during the special enrollment period, in addition to the time it takes SSA to process their application. This small, yet significant, change to the existing enrollment process will allow LIS beneficiaries sufficient time to effectively consider and evaluate prescription drug plan options with all necessary information. We cannot afford to undermine seniors' trust in Medicare's prescription drug program by penalizing a certain group of beneficiaries for a problem that is created by the federal government.

I understand that many of my colleagues prefer to address administrative issues with Medicare Part D at a later date, so that the initial implementation process can run its full course without undue interference from Congress. While I would agree with that argument in principle, there are a number of existing problems that only serve to tarnish Medicare's image if we allow them to linger much longer. I believe providing additional resources for outreach and educational services and correcting the LIS enrollment issue are two such problems that Congress should address immediately--before the May 15 deadline passes.

The SSA has estimated that 80,000 beneficiaries might not have been notified of their LIS eligibility by the close of the first regular enrollment period. It would be entirely unfair to assess even one of these beneficiaries a late enrollment penalty, when by their understanding, they were playing by the rules CMS and SSA set forth regarding the low-income subsidy.

I ask the Majority Leader and my colleagues to support my call for the Outreach and Enrollment Enhancement Act to be treated as an emergency measure and provide it quick passage in the Senate. By taking up this very targeted measure, Congress can demonstrate to America's seniors that we are committed to the continued success of the Medicare prescription drug program.

Mr. President, as ranking member of the Committee on Veterans' Affairs, I am pleased that the Senate on S. 2694, an omnibus veterans bill. This timely piece of legislation includes a number of important provisions that will improve the health care and benefits that our Nation's veterans deserve. I will highlight a few sections in which I have a particular interest.

This legislation specifically seeks to improve the way VA responds to the present and future demand for long-term care. As the veteran population ages, the demand for long-term care continues to rise, a trend that will only continue as Vietnam-era veterans get older.

With the goal of encouraging and supporting alternatives to institutional long-term care, the pending legislation includes provisions derived from S. 2753, a bill I introduced that was designed to promote assistance to those who look after veterans, especially in noninstitutional, home-based settings. The provision in the bill as it comes before the Senate today would authorize VA to carry out a pilot program to improve assistance services to these caregivers. Caregivers, particularly those who live in rural and geographically remote areas, would receive a helping hand through services such as adult-day care and respite care.

The pending measure also seeks to ensure more appropriate payment for the cost of longterm care provided to

certain seriously disabled veterans who are receiving care in State veterans' homes. Earlier this year, the Committee held field hearings in my home state of Hawaii. Tom Driskill, the President and CEO of Hawaii Health Systems Corporation, testified about the soon-to-be-built State home in Hilo. He said, ``The synergy of a combined Federal and State funding of the home has been the catalyst for making this dream a reality.'' The adjustments this legislation would make to the current cost-sharing arrangement between VA and the States, which are derived from S. 2762, legislation I introduced, may help ensure a high quality of care in State homes not only in Hawaii, but across the entire Nation.

Currently, care is provided at no cost to the veteran when VA provides institutional, long-term care services to those with service- connected disabilities rated 70 percent or higher in a VA nursing home or a private nursing care facility with which VA contracts. However, when the care is provided in a State veterans' home, VA pays only a per diem to the State, which then may bill the veteran for the remaining costs. I believe this to be unfair, and this legislation would provide for the same payment to State veterans' homes that is provided to community nursing homes which are furnishing care to these seriously disabled veterans.

I am gratified that this legislation includes extensive provisions to reauthorize, improve and enhance services for homeless veterans. I commend Senators Obama and Burr, both members of the Veterans' Affairs Committee, for their dedication to ensuring that comprehensive services are provided to homeless veterans. I fully support these efforts and stand with my colleagues in the battle to end homelessness among veterans.

This bill also includes a provision from a bill I introduced, S. 1537, that would authorize VA to designate at least two Multiple Sclerosis Centers of Excellence and six Parkinson's Disease Research, Education and Clinical Centers. VA centers of excellence have been the model of innovation in the delivery of highly specialized healthcare and research for chronic disease in the veteran population. Providing a statutory basis for these centers will ensure continued research and development of progressive treatments to help reduce symptoms and improve the quality of life for veterans battling with these neurological diseases.

The bill also includes a provision that would allow VA to extend eligibility of VA's State Cemetery Grants Program to tribal organizations. This change, derived from my bill, S. 2659, would allow for the establishment, expansion, and improvement of veterans' cemeteries on trust lands. If enacted, it will enable veterans living on trust lands to have an option for burial much closer to their family members and other loved ones.

This bill also includes a $10,000 increase in the amount of supplemental insurance available to totally disabled veterans through the Service-Disabled Veterans' Insurance program. Totally disabled veterans would benefit greatly from the availability of higher supplemental coverage amounts because the current aggregate S-DVI coverage, $30,000, is insufficient to meet disabled veterans' life insurance needs. This provision, which I authored, would increase the financial security of disabled veterans and. their families.

In conclusion, I thank the Coalition to Salute America's Heroes, the National Multiple Sclerosis Society, the Parkinson's Action Network, and the National Association of State Veterans Homes for their hard work and support of provisions in this legislation.

I am pleased that our committee continues its tradition of bipartisanship. The effort that produced the final version of this legislation, vital to the continued provision of quality health care and benefits to our Nation's veterans, is just the latest example of that spirit.

I thank my colleagues in the Senate for their support of this measure.