[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[House]
[Pages H7552-H7557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  VETERANS' COMPENSATION AND READJUSTMENT BENEFITS AMENDMENTS OF 1996

  Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3673) to amend title 38, United States Code, to revise and 
improve certain veterans programs and benefits, to authorize the 
American Battle Monuments Commission to enter into arrangements for the 
repair and long-

[[Page H7553]]

term maintenance of war memorials for which the Commission assumes 
responsibility, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3673

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

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Compensation and Readjustment Benefits Amendments of 1996''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment is expressed in terms of an 
     amendment to a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.
                TITLE I--VETERANS COMPENSATION BENEFITS

     SEC. 101. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS 
                   SERVICE-CONNECTED.

       Section 1112(c)(2) is amended by adding at the end the 
     following new subparagraph:
       ``(P) Bronchiolo-alveolar carcinoma.''.

     SEC. 102. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR 
                   VETERANS OVER AGE 65 WHO ARE NURSING HOME 
                   PATIENTS.

       Section 1502(a) is amended by inserting ``is 65 years of 
     age or older and a patient in a nursing home or, regardless 
     of age,'' after ``such a person''.

     SEC. 103. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR 
                   DISABILITY EXAMINATIONS.

       (a) Authority.--The Secretary of Veterans Affairs may 
     conduct a pilot program under this section under which 
     examinations with respect to medical disability of applicants 
     for benefits under laws administered by the Secretary that 
     are carried out through the Under Secretary for Benefits may 
     be made by persons other than employees of the Department of 
     Veterans Affairs pursuant to contracts entered into with 
     those persons.
       (b) Limitation.--The Secretary may carry out the pilot 
     program under this section through not more than 10 regional 
     offices of the Department of Veterans Affairs.
       (c) Source of Funds.--Payments for contracts under the 
     pilot program under this section shall be made from amounts 
     available to the Secretary of Veterans Affairs for payment of 
     examinations of applicants for benefits.
       (d) Report to Congress.--Not later than three years after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report on the effect of the use of the 
     authority provided by subsection (a) on the cost, timeliness, 
     and thoroughness of medical disability examinations.

     SEC. 104. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED 
                   VETERANS.

       (a) Pro Rata Reduction.--Chapter 53 is amended by inserting 
     after section 5313 the following new section:

     ``Sec. 5313A. Limitation on payment of clothing allowance to 
       incarcerated veterans

       ``In the case of a veteran who is incarcerated in a 
     Federal, State, or local penal institution for a period in 
     excess of 60 days and who is furnished clothing without 
     charge by the institution, the amount of an annual clothing 
     allowance payable to such veteran under section 1162 of this 
     title shall be reduced on a pro rata basis for each day on 
     which the veteran was so incarcerated during the 12-month 
     period preceding the date on which payment of the allowance 
     would be due. This section shall be carried out under 
     regulations prescribed by the Secretary.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 5313 the following new item:

``5313A. Limitation on payment of clothing allowance to incarcerated 
              veterans.''.

     SEC. 105. EXTENSION OF VETERANS' CLAIMS ADJUDICATION 
                   COMMISSION.

       (a) Extension of Time for Submission of Final Report.--
     Section 402(e)(2) of the Veterans' Benefits Improvements Act 
     of 1994 (Public Law 103-446; 108 Stat. 4659) is amended by 
     striking out ``Not later than 18 months after such date'' and 
     inserting in lieu thereof ``Not later than December 31, 
     1996''.
       (b) Funding.--From amounts appropriated to the Department 
     of Veterans Affairs for each of fiscal years 1996 and fiscal 
     year 1997 for the payment of compensation and pension, the 
     amount of $75,000 is hereby made available for the activities 
     of the Veterans' Claims Adjudication Commission under title 
     IV of the Veterans' Benefits Improvements Act of 1994 (Public 
     Law 103-446; 108 Stat. 4659).
          TITLE II--EDUCATION AND OTHER READJUSTMENT BENEFITS

     SEC. 201. PERIOD OF OPERATION FOR APPROVAL.

       (a) In General.--(1) Chapter 36 is amended--
       (A) by striking out section 3689; and
       (B) by striking out the item relating to section 3689 in 
     the table of sections at the beginning of chapter 36.
       (2) Subparagraph (C) of section 3680A(d)(2) is amended by 
     striking out ``3689(b)(6)'' and inserting in lieu thereof 
     ``3680A(g)''.
       (b) Disapproval of Enrollment in Certain Courses.--Section 
     3680A is amended by adding after subsection (d) the following 
     new subsections:
       ``(e) The Secretary shall not approve the enrollment of an 
     eligible veteran in a course not leading to a standard 
     college degree offered by a proprietary profit or proprietary 
     nonprofit educational institution when--
       ``(1) the educational institution has been operating for 
     less than two years;
       ``(2) the course is offered at a branch of the educational 
     institution and the branch has been operating for less than 
     two years; or
       ``(3) following either a change in ownership or a complete 
     move outside its original general locality the educational 
     institution does not retain substantially the same faculty, 
     student body, and courses, as determined in accordance with 
     regulations the Secretary shall prescribe, as before the 
     change in ownership or the move outside the general locality.
       ``(f) The Secretary shall not approve the enrollment of an 
     eligible veteran in a course as a part of a program of 
     education offered by an educational institution when the 
     course is provided under contract by another educational 
     institution or entity and--
       ``(1) the Secretary would be barred under subsection (e) 
     from approving the enrollment of an eligible veteran in the 
     course of the educational institution or entity providing the 
     course under contract; or
       ``(2) the educational institution or entity providing the 
     course under contract has not obtained approval for the 
     course under this chapter.
       ``(g) Notwithstanding subsections (e) and (f), the 
     Secretary may approve the enrollment of an eligible veteran 
     in a course approved under this chapter if the course is 
     offered by an educational institution under contract with the 
     Department of Defense or the Department of Transportation and 
     is given on or immediately adjacent to a military base, Coast 
     Guard station, National Guard facility, or facility of the 
     Selected Reserve.''.
       (c) Approval of Accredited Courses.--Subsection (b) of 
     section 3675 is amended to read as follows:
       ``(b) As a condition of approval under this section, the 
     State approving agency must find the following:
       ``(1) Adequate records, as prescribed by the State 
     approving agency, are kept by the educational institution to 
     show the student's progress and grades and that satisfactory 
     standards relating to progress and conduct are enforced.
       ``(2) The educational institution maintains a written 
     record of the previous education and training of the eligible 
     person or veteran that clearly indicates that appropriate 
     credit has been given by the educational institution for 
     previous education and training, with the training period 
     shortened proportionately.
       ``(3) The educational institution and its approved courses 
     meet the criteria of paragraphs (1), (2), and (3) of section 
     3676(c) of this title.''.

     SEC. 202. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV 
                   AND INDEPENDENT STUDY.

       (a) Veterans' Educational Assistance Program.--Subsection 
     (f) of section 3482 is amended by striking out ``in part''.
       (b) Survivors' and Dependents' Educational Assistance.--
     Section 3523 is amended--
       (1) in subsection (a)(4), by inserting ``(including open 
     circuit television)'' after ``independent study program'' the 
     second place it appears; and
       (2) in subsection (c), by striking out ``radio'' and all 
     that follows through the end and inserting in lieu thereof 
     ``radio.''.
       (c) Administration of Educational Benefits.--Subsection (c) 
     of section 3680A is amended by striking out ``radio'' and all 
     that follows through the end and inserting in lieu thereof 
     ``radio.''.

     SEC. 203. MEDICAL QUALIFICATIONS FOR FLIGHT TRAINING.

       (a) Chapter 30 and 32 Programs.--Sections 3034(d)(2) and 
     3241(b)(2) are each amended by inserting before the semicolon 
     at the end the following: ``on the first day of such training 
     and within 60 days after successfully completing such 
     training''.
       (b) Selected Reserve.--Paragraph (2) of section 16136(c) of 
     title 10, United States Code, is amended by inserting before 
     the period at the end the following: ``on the first day of 
     such training and within 60 days after successfully 
     completing such training''.

     SEC. 204. COOPERATIVE PROGRAMS.

       (a) Chapter 30.--Section 3032 of chapter 30 is amended by 
     striking out subsection (d) and redesignating subsections (e) 
     and (f) as subsections (d) and (e), respectively.
       (b) Chapter 32.--Section 3231 of chapter 32 is amended by 
     striking out subsection (d) and redesignating subsections (e) 
     and (f) as subsections (d) and (e), respectively.
       (c) Chapter 35.--Subsection (b) of section 3532 is amended 
     by striking out ``$327'' and inserting in lieu thereof 
     ``$404''.
       (d) Chapter 106.--Section 16131 of title 10, United States 
     Code, is amended--
       (1) by striking out subsection (e) and redesignating 
     subsections (f), (g), (h), (i), and (j) as subsections (e), 
     (f), (g), (h), and (i), respectively; and
       (2) in subsection (b)(1), by striking out ``(g)'' and 
     inserting in lieu thereof ``(f)''.

     SEC. 205. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY.

       Paragraph (2) of section 3720(h) is amended by striking out 
     ``December 31, 1996'' and inserting in lieu thereof 
     ``December 31, 1997''.

     SEC. 206. EXTENSION OF AUTHORITY FOR THE HOMELESS VETERANS' 
                   REINTEGRATION PROJECTS.

       (a) In General.--Paragraph (1) of section 738(e) of the 
     Stewart B. McKinney Homeless

[[Page H7554]]

     Assistance Act (42 U.S.C. 11448(e)(1)) is amended by adding 
     at the end the following:
       ``(E) $10,000,000 for fiscal year 1997.
       ``(F) $10,000,000 for fiscal year 1998.
       ``(G) $10,000,000 for fiscal year 1999.''.
       (b) Repeal of Certain Extension.--Paragraph (2) of section 
     102(d) of the Act entitled ``An Act to amend title 38, United 
     States Code, to extend the authority of the Secretary of 
     Veterans Affairs to carry out certain programs and 
     activities, to require certain reports from the Secretary of 
     Veterans Affairs, and for other purposes'', approved February 
     13, 1996 (Public Law 104-110; 110 Stat. 769), is repealed, 
     and the provisions of section 741 of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11450) are amended so as 
     to appear as in effect immediately before the enactment of 
     Public Law 104-110.
                        TITLE III--OTHER MATTERS

     SEC. 301. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.

       Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 
     125(b)(2)), is amended--
       (1) by inserting ``(A)'' after ``(2)''; and
       (2) by adding at the end the following:
       ``(B) In assuming responsibility for a war memorial under 
     paragraph (1), the Commission may enter into arrangements 
     with the sponsors of the memorial to provide for the repair 
     or long-term maintenance of the memorial. Any funds 
     transferred to the Commission for the purpose of this 
     subparagraph shall, in lieu of subparagraph (A), be deposited 
     by the Commission in the fund established by paragraph 
     (3).
       ``(3)(A) There is established in the Treasury a fund which 
     shall be available to the Commission for expenses for the 
     maintenance and repair of memorials with respect to which the 
     Commission enters into arrangements under paragraph (2)(B). 
     The fund shall consist of (i) amounts deposited, and interest 
     and proceeds credited, under subparagraph (B), and (ii) 
     obligations obtained under subparagraph (C).
       ``(B) The Commission shall deposit in the fund such amounts 
     from private contributions as may be accepted under paragraph 
     (2)(B). The Secretary of the Treasury shall credit to the 
     fund the interest on, and the proceeds from sale or 
     redemption of, obligations held in the fund.
       ``(C) The Secretary of the Treasury shall invest any 
     portion of the fund that, as determined by the Commission, is 
     not required to meet current expenses. Each investment shall 
     be made in an interest bearing obligation of the United 
     States or an obligation guaranteed as to principal and 
     interest by the United States that, as determined by the 
     Commission, has a maturity suitable for the fund.''.

     SEC. 302. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN 
                   STATE NURSING HOMES.

       Subsection (a) of section 2303 is amended to read as 
     follows:
       ``(a)(1) When a veteran dies in a facility described in 
     paragraph (2), the Secretary shall--
       ``(A) pay the actual cost (not to exceed $300) of the 
     burial and funeral or, within such limits, may make contracts 
     for such services without regard to the laws requiring 
     advertisement for proposals for supplies and services for the 
     Department; and
       ``(B) when such a death occurs in a State, transport the 
     body to the place of burial in the same or any other State.
       ``(2) A facility described in this paragraph is--
       ``(A) a Department facility (as defined in section 1701(4) 
     of this title) to which the deceased was properly admitted 
     for hospital, nursing home, or domiciliary care under section 
     1710 or 1711(a) of this title; or
       ``(B) an institution at which the deceased veteran was, at 
     the time of death, receiving--
       ``(i) hospital care in accordance with section 1703 of this 
     title;
       ``(ii) nursing home care under section 1720 of this title; 
     or
       ``(iii) nursing home care pursuant to payments made under 
     section 1741 of this title.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona [Mr. Stump] and the gentleman from Mississippi [Mr. Montgomery] 
will each control 20 minutes.
  The Chair recognizes the gentleman from Arizona [Mr. Stump].


                             general leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous materials on H.R. 3673.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, H.R. 3673, the veterans' compensation and 
readjustment benefits amendments of 1996, makes various improvements to 
VA disability programs, education benefits, and administration of the 
home loan program.
  It also reauthorizes the Homeless Veterans Reintegration Project and 
authorizes the American Battle Monuments Commission to accept private 
funds for maintenance of overseas memorials transferred to the 
Commission.
  Additionally, H.R. 3673, expands eligibility for burial benefits to 
certain veterans who die in State veterans nursing homes.
  I urge my colleagues to support this bill.
  Again Mr. Speaker, I want to express my appreciation to the ranking 
minority member of the full committee.
  I also want to thank Terry Everett, Steve Buyer, Lane Evans, and Bob 
Filner, the respective chairmen and ranking minority members on the 
subcommittees with jurisdiction over these provisions.
  Mr. Speaker, I also want to recognize Chris Smith, the vice chairman 
of the Veterans' Affairs Committee for his leadership in adding another 
presumptive disability condition for radiation-exposed veterans.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Alabama [Mr. Everett].
  Mr. EVERETT. Mr. Speaker, H.R. 3673 contains program improvements for 
several veterans benefits.
  Section 101 adds bronchiolo-alveolar carcinoma to the presumptive 
list of service connected illnesses presumed to be the result of 
radiation-exposure.
  Section 102 provides a presumption of permanent and total disability 
for veterans over the age of 65 who are nursing home patients.
  Section 103 establishes a pilot program under which contract 
physicians would provide disability examinations to applicants for VA 
benefits. This pilot program is anticipated to speed up the 
examination-gathering process for the adjudication of claims.
  Section 104 would limit the clothing allowance for veterans 
incarcerated for more than 60 days in a penal institution where they 
receive clothing at no cost.
  Section 105 extends the time for the Veterans' Claims Adjudication 
Commission to submit a final report to December 31, 1996 and authorizes 
an additional $150,000 to complete their work.
  Section 201 removes the GI bill's 2-year restriction on all degree 
granting institutions, including branch campuses.
  Section 202 would allow individuals the opportunity to pursue their 
educational programs through open circuit TV without taking part of the 
course in residence.
  Section 203 would permit payment of educational benefits for flight 
training provided the veterans meets the medical requirements for a 
commercial pilot's certificate at the beginning of training and within 
60 days after completion of training.
  Section 204 allows veterans training under cooperative training 
programs to be paid full-time educational benefits instead of the 
current 80 percent of the full-time educational benefit rate. 
Cooperative education is an increasingly popular and effective approach 
to education and this change will make these programs more affordable.
  Section 205 extends VA's authority to guarantee the real estate 
mortgage investment conduits [REMIC's] that are used to market vendee 
loans on the secondary market for an additional year.
  Section 206 extends the homeless veterans reintegration project 
[HVRP] through fiscal year 1999 and authorize appropriations in the 
amount of $10 million per year. The homeless veterans reintegration 
project is a Veterans Employment and Training Service program to assist 
homeless veterans with finding employment.
  Section 301 authorizes the American Battle Monuments Commission to 
accept private funds to help maintain overseas war memorials 
transferred to the ABMC.
  Section 302 authorizes VA to pay transportation expenses for the body 
and up to $300 in burial costs to reimburse State nursing homes for 
certain veterans who die in their care.
  Mr. Speaker, I am pleased that we are able to offer these program 
improvements. This bill, along with the provisions in H.R. 3674 
comprise a realistic package of benefits improvements and we've done it 
in a very bipartisan manner. I thank the distinguished chairman, the 
ranking member for their work and leadership. I urge my colleagues to 
support the bill.

[[Page H7555]]

                              {time}  1345

  Mr. Speaker, I would like to thank the distinguished chairman of the 
full committee and the ranking member of the full committee, and also I 
would like to thank my ranking member, the gentleman from Illinois, 
Lane Evans, for the outstanding work he has done with this bill.
  I urge my colleagues to support the bill.
  Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3673, as amended, has a number of good provisions 
which are designed to improve the administration of veterans benefits 
and make them easier for veterans to use. I want to commend Mr. 
Everett, Mr. Evans, Mr. Buyer, and Mr. Filner for working together to 
report these various provisions.
  This bill includes several commonsense provisions, and it saves 
money. Almost everyone understands that veterans who are receiving 
long-term care in a nursing home and who are over 65 are not going to 
come back to the work force. If these veterans apply for the VA pension 
program, VA believes that there should be a presumption that they are 
permanently and totally disabled. This saves time and money in deciding 
their eligibility for this means-tested program, and is included in 
this bill.
  This bill also makes a number of minor improvements in the laws 
governing the administration of the Montgomery GI bill. Our 
Subcommittee on Education, Training, Employment, and Housing, chaired 
by Congressman Steve Buyer, has learned that changes in the education 
arena make the laws governing the provision of education assistance 
unreasonable or unnecessarily bureaucratic. Relaxing the 2-year rule 
and improving benefits for veterans enrolled in cooperative training 
programs are examples of the thoughtful provisions contained in this 
bill. Mr. Buyer and Ranking Member Bob Filner, who is doing a great job 
in his new position as the ranking Democrat on this important 
subcommittee, have recommended some very necessary changes to the 
programs under their jurisdiction, and I commend them for their 
efforts.
  Mr. Speaker, I yield 2 minutes to the gentleman from California, [Mr. 
Filner] who has become the ranking member, and commend him for the fine 
job he is doing.
  Mr. FILNER. Mr. Speaker, I thank the gentleman for his generosity in 
yielding time to me.
  Mr. Speaker, I want Members to know how much I have enjoyed serving 
as ranking member on the subcommittee that has jurisdiction over the 
Montgomery GI bill and other issues of special interest to you.
  Mr. Speaker, H.R. 3673 is a good bill, and I particularly want to 
express my strong support for the education and employment-related 
provisions contained in title II of this measure.
  The chairman of the subcommittee has already fully explained the 
details of H.R. 3673, so I will not take up our time repeating that 
information. I do want to say, however, that I am particularly pleased 
that this bill includes the reauthorization of the Homeless Veterans 
Reintegration project. Under this very successful program, which is 
administered by the Veterans' Employment and Training Service in the 
Department of Labor, thousands of homeless veterans have been placed in 
permanent, substantial jobs.
  I urge my colleagues to support H.R. 3673.
  Mr. STUMP. Mr. Speaker, I am happy to yield 3 minutes to the 
gentleman from New York [Mr. Gilman], chairman of the Committee on 
International Relations.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 3673, 
the Veterans' Compensation and Readjustment Benefits Amendments, and I 
commend the gentleman from Arizona [Mr. Stump], the distinguished 
chairman of the Committee on Veterans' Affairs, and the distinguished 
ranking minority member, the gentleman from Mississippi [Mr. 
Montgomery], for their efforts in bringing these important revisions to 
the floor.
  Mr. Speaker, this legislation makes several significant adjustments 
to veterans' compensation and educational programs and authorizes the 
American Battle Monuments Commission to enter into arrangements for the 
repair and long-term maintenance of our war memorials.
  Mr. Speaker, among the compensation benefits provisions is a 
provision adding bronchiolo-alveolar carcinoma to the list of service-
connected illnesses presumed to manifest in a radiation-exposed 
veteran.
  Those veterans who were exposed to radiation and have subsequently 
contracted this condition will now be eligible for benefits.
  The legislation also provides an important presumption of permanent 
and total disability for veterans over the age of 65 who are nursing 
home patients, thus making the rating procedure for eligibility 
determination unnecessary. Moreover, it also authorizes the VA to 
establish a pilot program to allow contract physicians to provide 
disability examinations to applicants for disability benefits. It is 
hoped this program will speed up the disability examination process for 
claims adjudication.
  In terms of education benefits, this bill permits veterans who 
receive training under cooperative programs to be paid full-time 
education benefits, instead of the current rate of 80 percent. It also 
allows veterans the opportunity to pursue educational programs through 
open-circuit television.
  Finally, H.R. 3673 facilitates the repair and long-term maintenance 
of overseas war memorials by authorizing the American Battle Monuments 
Commission to collect private donations and establish a fund to cover 
maintenance expenses, in addition to relying solely on appropriated 
funds.
  The burial benefits program is also amended to extend eligibility to 
veterans who die in either a State home, or an institution receiving 
hospital care, nursing home care, or nursing home care payment, 
providing for payment of transportation expenses and up to $300 in 
burial costs.
  Mr. Speaker, this bill makes a number of timely, needed adjustments 
to our veterans benefits programs. I thank our Committee on Veterans' 
Affair's for bringing it to the floor and I strongly support passage of 
this measure.
  Mr. MONTGOMERY. Mr. Speaker, I yield 4 minutes to the gentleman from 
Illinois [Mr. Evans].
  Mr. EVANS. Mr. Speaker, since Mr. Stump and Mr. Everett have already 
summarized the bills, I want to draw my colleagues' attention to 
particular portions of this bill that should help resolve veterans' 
claims for benefits in a more timely and complete manner.
  On April 7, 1995, I introduced the veterans programs amendments of 
1995, H.R. 1482. I am pleased that four of the issues which that bill 
addressed are contained in modified or improved form in this bill. I 
want to express my thanks to the subcommittee chairman, Terry Everett, 
for his hard work and his collegiality during the subcommittee's work 
this year.
  H.R. 3673 would establish a pilot program for VBA to contract with 
competent medical authorities for examination of veterans applying for 
VA disability benefits. I included this provision in H.R. 1482 after 
reading the recommendations of the Blue Ribbon Panel on the 
Adjudication of Claims, which found that in some instances, VA medical 
centers were not responsive to VBA requirements for thorough medical 
exams. By giving VA regional offices the authority, on a pilot basis, 
to choose someone other than an unresponsive VA medical center for its 
medical examinations, we hope to improve the quality and timeliness of 
compensation and pension examinations.
  This bill includes a provision that will make it easier for VA to 
award pension benefits to veterans who are 65 years of age or older and 
who are patients in nursing homes. It is both common sense and humane 
to presume that such individuals are permanently and totally disabled; 
the result of this will be less time spent trying to establish the 
obvious and more time spent on deciding claims in a timely manner.
  H.R. 3673 also includes a provision that would authorize the American 
Battle Monuments Commission [ABMC], which maintains cemeteries in 
foreign nations containing the remains of American service members, to 
assume responsibility for private memorials erected by American 
citizens

[[Page H7556]]

which commemorate the service of American fighting units overseas. This 
provision would authorize ABMC to accept responsibility for upkeep of 
these memorials and to accept private contributions to defray the cost 
of the maintenance and upkeep. I am advised that several of these 
private memorial groups have expressed an interest in turning over 
their memorials to an agency which will ensure their upkeep, and I am 
pleased that this could be done under this legislation at no additional 
cost to the taxpayer.

  Finally, I should mention a provision included in this measure which 
will help to defray the burial costs of certain veterans who die in 
State nursing homes. VA helps to defray the burial costs of veterans 
who die in VA hospitals and nursing homes, and since State veteran 
homes are an essential part of the VA's extended care capability, it 
only makes sense to offer this same assistance to the families of 
veterans who die in State nursing homes. I want to single out the 
commander of the Iowa Veterans Nursing Home, Mr. Jack Dack, for 
bringing this need to our attention.
   Mr. Speaker, I urge my colleagues to support this measure.
  Again, Mr. Speaker, I want to thank everyone who has been involved, 
including the chairman of the full committee and our ranking member, 
for their work today.
  Mr. STUMP. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from New Jersey [Mr. Smith], vice chairman of the Committee 
on Veterans' Affairs.
  Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for 
yielding time to me, and I want to commend him on this excellent bill, 
and the gentleman from Alabama [Mr. Everett], for their fine work in 
casting it, and the gentleman from Mississippi [Mr. Montgomery] for the 
good work he has done as well.
  Mr. Speaker, I rise in strong support of the bill.
  This important provision adds bronchiolo-alveolar pulmonary carcinoma 
to the list of cancers that are presumed to be service-connected for 
veterans who were exposed to radiation in accordance with the 
provisions of Public Law 100-321.
  Mr. Speaker, in 1986--10 years ago--I became involved with the case 
of one of those victims, Joan McCarthy, a constituent from New Jersey. 
Joan has for many years worked to locate other atomic veterans and 
their widows, and she founded the New Jersey Association of Atomic 
Veterans.
  Joan's husband, Tom, was a participant in Operation Wigwam, a nuclear 
test in May 1955 which involved an underwater detonation of a 30-
kiloton plutonium bomb in the Pacific Ocean, about 500 miles southwest 
of San Diego.
  Tom served as a navigator on the U.S.S. McKinley, one of the ships 
assigned to observe the Operation Wigwam test. The detonation of the 
nuclear weapon broke the surface of the water, creating a giant wave 
and bathing the area with a radioactive mist. Government reports 
indicate that the entire test area was awash with the airborne products 
of the detonation. The spray from the explosion was described in the 
official Government reports as an ``insidious hazard which turned into 
an invisible radioactive aerosol.'' McCarthy spent four days in this 
environment while serving aboard the McKinley.
  In April 1981--at the age of 44--Thomas McCarthy died, and the cause 
of death was a very rare form of lung cancer, bronchiolo-alveolar 
pulmonary carcinoma. This illness is a nonsmoking related cancer--which 
is remarkable given the estimate that about 97 percent of all lung 
cancer is caused by smoking. On his deathbed, Tom McCarthy informed his 
wife about his involvement in Operation Wigwam and wondered about the 
fate of other men who were present.
  Mr. Speaker, smoking is not considered a cause for this ailment, but 
it has been well-documented that exposure to ionizing radiation can 
cause this lethal cancer. The National Research Council cited 
Department of Energy studies in the BEIR V reports, stating that 
``Bronchiolo-Alveolar Carcinoma is the most common cause of delayed 
death from inhaled plutonium 239.'' The BEIR V report notes that this 
cancer is caused by the inhalation and deposition of alpha-emitting 
plutonium particles.
  Mr. Speaker, the Department of Veterans Affairs has also acknowledged 
the clear linkage between this ailment and radiation exposure. In May 
1994, Secretary Brown wrote to then-Chairman Sonny Montgomery of the 
Veterans Affairs Committee regarding this issue. Secretary Brown stated 
as follows:

       The Veterans' Advisory Committee on Environmental Hazards 
     considered the issue of the radiogenicity of bronchiolo-
     alveolar carcinoma and advised me that, in their opinion, 
     this form of lung cancer may be associated with exposure to 
     ionizing radiation. They commented that the association of 
     exposure to ionizing radiation and lung cancer has been 
     strengthened by such recent evidence as the 1988 report of 
     the United Nations Scientific Committee on the Effects of 
     Atomic Radiation, the 1990 report of the National Academy of 
     Sciences' Committee on the Biological Effects of Ionizing 
     Radiations (the BEIR V Report), and the 1991 report of the 
     International Committee on Radiation Protection. The Advisory 
     Committee went on to state that when it had recommended that 
     lung cancer be accepted as a radiogenic cancer, it was 
     intended to include most forms of lung cancer, including 
     bronchiolo-alveolar carcinoma.

  I met with Secretary Brown last year and he assured me that the VA 
would not oppose Congress taking action to add this disease to the 
presumptive list. Notwithstanding this fact, however, the VA has 
repeatedly denied Joan McCarthy's claims for survivor's benefits. 
Unfortunately, Joan is not alone in being denied the survivor's 
benefits that she deserves. Consider the case of Gwen Poitras, who 
lives in Pasco County, FL. Gwen's husband, Robert Poitras, was in 
command of the U.S.S. Takelma, one of the ships that observed the 
nuclear tests of Operation Hardtack in the South Pacific.
  Just like Thomas McCarthy, Robert Poitras died of bronchiolo-alveolar 
pulmonary carcinoma. And just like Joan McCarthy, Robert's widow was 
denied the dependency and indemnity compensation which she applied for 
after her husband's death.
  The VA has claimed in the past that adjudication on a case-by-case 
basis is the appropriate means of resolving these claims. 
Unfortunately, the practical experiences of claimants reveal deep flaws 
in the process used by the VA. A key problem involves the reliance on 
radiation dose reconstructions that are based on information that is 
decades old.
  Problems with the individual adjudication process were summed up in 
the recent report of the Advisory Committee on Human Radiation 
Experiments, which was presented only last week to the President. The 
panel urged the Human Radiation Interagency Working Group, in 
conjunction with Congress, to address some of these concerns.
  For example, the Advisory Committee noted that there are many 
concerns with the questionable condition of radiation exposure records 
that are maintained by the Government. It was also noted that the 
appeals process is especially cumbersome: Those who receive an initial 
denial of their claim are issued a form letter from the VA stating that 
it will take a minimum of 24 months--at least 2 years--to resolve the 
matter.
  Mr. Speaker, I believe the widows of our servicemen who participated 
in these nuclear tests deserve better than this. They should not be 
required to meet an impossible standard of proof in order to receive 
DIC benefits, which CBO estimates will cost the Government, on average, 
a mere $10 thousand a year for each affected widow. I am glad to see 
that today we are moving one step closer to achieving that.
  I want to note that this legislation is supported by the American 
Legion, the Veterans of Foreign Wars, and the Vietnam Veterans of 
America.
  I urge my colleagues to vote ``yes'' on this bill.
  Mrs. COLLINS of Illinois. Mr. Speaker, in May 1996, there were 
approximately 2.2 million veterans receiving disability compensation. 
They are men and women who served the Nation with honor and pride. 
However, through no fault of their own, they now are disadvantaged to 
varying degrees and are experiencing impaired earning capacities due to 
their respective service connected disabilities.
  This concerns me as much as it concerns the more than 1.2 million 
aging veterans in the State of Illinois. Among those are the more than 
26,000 members of Illinois' Disabled American Veterans who write and 
call me with a real sense of alarm about their future.

[[Page H7557]]

  I would like to think that my colleagues on both sides of the aisle 
recognize the sacrifices and contributions these men and women have 
made. According to a recent national survey commissioned by the 
Disabled American Veterans, 96 percent of those polled believe our 
Nation has an obligation to provide ongoing disability and death 
benefits to veterans and their families for injuries and fatalities 
occurring while in the Armed Services.
  Mr. Speaker, passage of this amendment is essential, and with the 
passage of time, it is becoming critical. As we vote today, let us 
remember that the basic purpose of the disability compensation program 
is to provide a measure of relief from the impaired earning capacity of 
veterans disabled as the result of their military service.
  Many such disabled veterans are located in Chicago's metropolitan 
area where I represent the Seventh District. Four VA medical centers, 
Lakeside, Westside, Hines, and North Chicago, already serving a 
population of nearly 900,000 veterans. My point is this. Let's help 
those veterans needing help the most. I encourage support for this 
amendment.
  Mr. MONTGOMERY. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. STUMP. Mr. Speaker, I have no further requests for time, and I 
yield back to the balance of my time.
  The SPEAKER pro tempore (Mr. Gutknecht). The question is on the 
motion offered by the gentleman from Arizona [Mr. Stump] that the House 
suspend the rules and pass the bill, H.R. 3673, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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