[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.
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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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