[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2237

  To amend title 38, United States Code, to enhance compensation for 
          veterans with hearing loss, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2002

Mr. Rockefeller introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to enhance compensation for 
          veterans with hearing loss, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Hearing Loss Compensation 
Act of 2002''.

SEC. 2. COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS.

    (a) Hearing Loss Required for Compensation.--Section 1160(a)(3) of 
title 38, United States Code, is amended by striking ``total'' both 
places it appears.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to months that begin on or after that date.

SEC. 3. AUTHORITY FOR PRESUMPTION OF SERVICE-CONNECTION FOR HEARING 
              LOSS ASSOCIATED WITH PARTICULAR MILITARY OCCUPATIONAL 
              SPECIALTIES.

    (a) In General.--(1) Subchapter II of chapter 11 of title 38, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 1119. Presumption of service connection for hearing loss 
              associated with particular military occupational 
              specialties
    ``(a) For purposes of section 1110 of this title, and subject to 
section 1113 of this title, hearing loss, tinnitus, or both of a 
veteran who while on active military, naval, or air service was 
assigned to a military occupational specialty or equivalent described 
in subsection (b) shall be considered to have been incurred in or 
aggravated by such service, notwithstanding that there is no record of 
evidence of such hearing loss or tinnitus, as the case may be, during 
the period of such service.
    ``(b) A military occupational specialty or equivalent referred to 
in subsection (a) is a military occupational specialty or equivalent, 
if any, that the Secretary determines in regulations prescribed under 
this section in which individuals assigned to such military 
occupational specialty or equivalent in the active military, naval, or 
air service are or were likely to be exposed to a sufficiently high 
level of acoustic trauma as to result in permanent hearing loss, 
tinnitus, or both.
    ``(c) In making determinations for purposes of subsection (b), the 
Secretary shall take into account the report submitted to the Secretary 
by the National Academy of Sciences under section 3(c) of the Veterans 
Hearing Loss Compensation Act of 2002.
    ``(d)(1) Not later than 60 days after the date on which the 
Secretary receives the report referred to in subsection (c), the 
Secretary shall determine whether or not a presumption of service 
connection for hearing loss, tinnitus, or both is warranted for the 
hearing loss, tinnitus, or both, as the case may be, of individuals 
assigned to each military occupational specialty or equivalent 
identified by the National Academy of Sciences in such report as a 
military occupational specialty or equivalent in which individuals are 
or were likely to be exposed to a sufficiently high level of acoustic 
trauma as to result in permanent hearing loss, tinnitus, or both to a 
degree which would be compensable as a service-connected disability 
under the laws administered by the Secretary.
    ``(2) If the Secretary determines under paragraph (1) that a 
presumption of service connection is warranted with respect to any 
military occupational specialty or equivalent described in that 
paragraph and hearing loss, tinnitus, or both, the Secretary shall, not 
later than 60 days after the date of the determination, issue proposed 
regulations setting forth the Secretary's determination.
    ``(3) If the Secretary determines under paragraph (1) that a 
presumption of service connection is not warranted with respect to any 
military occupational specialty or equivalent described in that 
paragraph and hearing loss, tinnitus, or both, the Secretary shall, not 
later than 60 days after the date of the determination--
            ``(A) publish the determination in the Federal Register; 
        and
            ``(B) submit to the Committees on Veterans' Affairs of the 
        Senate and the House of Representatives a report on the 
        determination, including a justification for the determination.
    ``(e) Any regulations issued under subsection (d)(2) shall take 
effect on the date provided for in such regulations. No benefit may be 
paid under this section for any month that begins before that date.''.
    (2) The table of sections at the beginning of chapter 11 of that 
title is amended by inserting after the item relating to section 1118 
the following new item:

``1119. Presumption of service connection for hearing loss associated 
                            with particular military occupational 
                            specialties.''.
    (b) Presumption Rebuttable.--Section 1113 of title 38, United 
States Code, is amended by striking ``or 1118'' each place it appears 
and inserting ``1118, or 1119''.
    (c) Assessment of Acoustic Trauma Associated With Various Military 
Occupational Specialties.--(1) The Secretary of Veterans Affairs shall 
seek to enter into an agreement with the National Academy of Sciences, 
or another appropriate scientific organization, for the Academy to 
perform the activities specified in this subsection. The Secretary 
shall seek to enter into the agreement not later than 60 days after the 
date of the enactment of this Act.
    (2) Under the agreement under paragraph (1), the National Academy 
of Sciences shall--
            (A) review and assess available data on occupational 
        hearing loss;
            (B) from such data, identify the forms of acoustic trauma 
        that, if experienced by individuals in the active military, 
        naval, or air service, could cause or contribute to hearing 
loss, hearing threshold shift, or tinnitus in such individuals;
            (C) in the case of each form of acoustic trauma identified 
        under subparagraph (B)--
                    (i) determine how much exposure to such form or 
                acoustic trauma is required to cause or contribute to 
                hearing loss, hearing threshold shift, or tinnitus, as 
                the case may be, and at what noise level; and
                    (ii) determine whether or not such hearing loss, 
                hearing threshold shift, or tinnitus, as the case may 
                be, is--
                            (I) immediate or delayed onset;
                            (II) cumulative;
                            (III) progressive; or
                            (IV) any combination of subclauses (I) 
                        through (III);
            (D) review and assess the completeness and accuracy of data 
        of the Department of Veterans Affairs and the Department of 
        Defense on hearing threshold shift in individuals who were 
        discharged or released from service in the Armed Forces during 
        the period beginning on December 7, 1941, and ending on the 
        date of the enactment of this Act upon their discharge or 
        release from such service; and
            (E) identify each military occupational specialty or 
        equivalent, if any, in which individuals assigned to such 
        military occupational specialty or equivalent in the active 
        military, naval, or air service are or were likely to be 
        exposed to a sufficiently high level of acoustic trauma as to 
        result in permanent hearing loss, tinnitus, or both to a degree 
        which would be compensable as a service-connected disability 
        under the laws administered by the Secretary of Veterans 
        Affairs.
    (3) Not later than 180 days after the date of the entry into the 
agreement referred to in paragraph (1), the National Academy of 
Sciences shall submit to the Secretary a report on the activities of 
the National Academy of Sciences under the agreement, including the 
results of the activities required by subparagraphs (A) through (F) of 
paragraph (2).
    (d) Report on Administration of Benefits for Hearing Loss and 
Tinnitus.--(1) Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report on the claims submitted to the Secretary for 
disability compensation or health care for hearing loss or tinnitus.
    (2) The report under paragraph (1) shall include the following:
            (A) The number of claims submitted to the Secretary in each 
        of 1999, 2000, and 2001 for disability compensation for hearing 
        loss, tinnitus, or both.
            (B) Of the claims referred to in subparagraph (A)--
                    (i) the number of claims for which disability 
                compensation was awarded, set forth by year;
                    (ii) the number of claims assigned each disability 
                rating; and
                    (iii) the total amount of disability compensation 
                paid on such claims during such years.
            (C) The total cost to the Department of adjudicating the 
        claims referred to in subparagraph (A), set forth in terms of 
        full-time employee equivalents (FTEEs).
            (D) The total number of veterans who sought treatment in 
        Department of Veterans Affairs health facilities care in each 
        of 1999, 2000, and 2001 for hearing-related disorders, set 
        forth by--
                    (i) the number of veterans per year; and
                    (ii) the military occupational specialties or 
                equivalents of such veterans during their active 
                military, naval, or air service.
            (E) The health care furnished to veterans referred to in 
        subparagraph (D) for hearing-related disorders, including the 
        number of veterans furnished hearing aids and the cost of 
        furnishing such hearing aids.
                                 <all>