[Congressional Record Volume 144, Number 69 (Tuesday, June 2, 1998)]
[Senate]
[Pages S5565-S5567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEA-21 RESTORATION ACT
Mr. WARNER. Mr. President, there has been a concerted effort by the
majority leader and the Democrat leader, Chairman Chafee, myself, and
the distinguished ranking member, Mr. Baucus, to try and get a voice
vote tonight on a technical corrections bill to the ISTEA legislation
which was adopted by the Senate just before we went on recess. I regret
that we are not going to be able to handle that matter tonight.
But a part of that very important Technical Corrections Act would
address an error that was made in the drafting of the bill which
related to veterans. Being a veteran myself, and many others in this
body, we were quite concerned about that mistake. And the purpose of my
taking the floor now is to advise the Senate this matter will be
corrected in the TEA-21 Restoration Act, which is a euphemism for
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the Technical Corrections Act, when we get to it. We will renew or
efforts on Thursday.
I think it is important to put in tonight's Record a little of the
background how this mistake was made.
The TEA-21 Restoration Act, which is, as I said, the Technical
Corrections Act, corrects drafting errors to section 8201, also known
as the Veterans Benefits Act of 1998.
Specifically, the corrections to this subtitle of the conference
report relate to using funds estimated for the veterans smoking-related
disability benefits as a budget offset for transportation spending.
The use of funds identified to finance the veterans tobacco-related
smoking disability benefits for other domestic discretionary programs
was first proposed in President Clinton's fiscal year 1999 budget
request.
The Senate budget resolution also identified these funds as potential
offsets for transportation spending.
During the conference on the Transportation Equity Act for the 21st
Century (TEA-21), the Senate and House leadership and the Clinton
administration agreed to use the funds estimated for the veterans
smoking-related disability benefit as an offset so that transportation
spending would equal gas tax revenues collected for the highway trust
fund.
The provision included in the conference report on TEA-21 to use the
veterans smoking-related disability benefits for transportation was
drafted incorrectly and had the unintended consequence of identifying
smoking as an act of ``willful misconduct'' by veterans.
That was a tragic error, drafting error, that took place in the
legislative counsel's office. It was unintended.
I have gone back and read the code, found the section from which this
concept was withdrawn, and it was just one of those mistakes. There was
a great deal of rushed effort toward the end of this bill and those
types of mistakes happen. What is most regrettable, it has caused a
great deal of emotional stress among veterans. For that, I and many
others apologize.
Today, at our midday caucus, Senator McCain raised this matter and
spoke most passionately on it, about his concern to have it corrected.
That is one of the reasons I have come to the floor tonight, to assure
Senators if and when we get to this technical correction bill it will
be corrected.
The provision in the TEA-21 Restoration Act corrects any reference to
smoking as an act of ``willful misconduct'' by veterans.
This provision also clarifies that veterans who have filed claims for
smoking-related benefits are grandfathered.
The provision also makes clear that those active-duty service
personnel who have a smoking-related illness will continue to qualify
for disability compensation.
Another correction in this bill relates to ensuring that survivors
and their dependents will receive the increased benefits of the
Montgomery G.I. Bill provided in the conference report.
The offsets clarified in the TEA-21 Restoration Act remain those that
were identified in the President's budget request and the Senate budget
resolution.
Mr. President, I ask unanimous consent to have printed in the Record
following my remarks a letter from the Executive Office of the
President dated May 29, 1998. This is a transmission from the President
through the Office of Management and Budget to advise the Senate on how
best to make this correction.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 1)
Mr. WARNER. I also ask unanimous consent immediately following that
to have printed in the Record a copy of the bill to be known as the
Technical Corrections Act, or Restoration Act.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 2)
Mr. WARNER. This afternoon, Chairman Chafee and the ranking member,
Mr. Baucus, and myself had a meeting of the Committee on Environment
and Public Works. It was well attended by Members. We explained this
situation and how there were three committees working on this important
piece of legislation. Of course, the committee of original
jurisdiction, the Environment and Public Works, another committee of
original jurisdiction, the Banking Committee, which dealt with the mass
transit part of the bill, and also throughout Chairman Domenici and the
distinguished ranking member, the Senator from New Jersey, Senator
Lautenberg, worked with us from the standpoint of the Budget Committee,
which had an important role, of course, in the offset issue.
So many people were involved--three staffs, three committees. We
regret sincerely that this error took place. We hope we have taken the
appropriate corrective measures.
This language has been submitted to the veterans committee for
review. I understand the Senator from West Virginia, Mr. Rockefeller,
will have some views to express on this matter, and also the Budget
Committee. There is a report to the Senate and to those who are
following this issue in hopes that we can put to rest a very serious
problem which was accidental, I am convinced of it. We regret most
sincerely, speaking to myself and I think many other veterans, that
this caused such consternation among the veterans of the United States.
Exhibit 1
Office of Management and Budget,
Washington, DC, May 29, 1998.
Note for Bill Hoagland
From: Jack Lew
Subject: Technical Corrections to the TEA Bill
Attached per our conversation is the Administration's
original legislative proposal for the Veterans tobacco
offset, which would correct all of the problems created by
the language included in the enrolled TEA bill. We have
drafted this as an amendment to TEA that would delete the
incorrect language and insert the original Administration
proposal.
We are continuing to discuss administrative remedies with
the Department of Veterans Affairs, but those discussions
have not yet reached a final conclusion.
Please call me if you have any questions. (I will be out on
Monday, and Josh Gotbaum or Dan Mendelson will be able to
help you.)
Exhibit 2
SEC. 14. CORRECTIONS TO VETERANS SUBTITLE.
(a) Tobacco-Related Illnesses in Veterans.--Section 8202 of
the Transportation Equity Act for the 21st Century is amended
to read as follows (and the amendments made by that section
as originally enacted shall be treated for all purposes as
not having been made):
``SEC. 8202. TREATMENT OF TOBACCO-RELATED ILLNESSES OF
VETERANS.
``(a) In General.--(1) Chapter 11 of title 38, United
States Code, is amended by inserting after section 1102 the
following new section:
`Sec. 1103. Special provisions relating to claims based upon
effects of tobacco products
`(a) Notwithstanding any other provision of law, a
veteran's disability or death shall not be considered to have
resulted from personal injury suffered or disease contracted
in the line of duty in the active military, naval, or air
service for purposes of this title on the basis that it
resulted from injury or disease attributable to the use of
tobacco products by the veteran during the veteran's service.
`(b) Nothing in subsection (a) shall be construed as
precluding the establishment of service connection for
disability or death from a disease or injury which is
otherwise shown to have been incurred or aggravated in active
military, naval, or air service or which became manifest to
the requisite degree of disability during any applicable
presumptive period specified in section 1112 or 1116 of this
title.'.
``(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating to
section 1102 the following new item:
`1103. Special provisions relating to claims based upon effects of
tobacco products.'.
``(b) Effective Date.--Section 1103 of title 38, United
States Code, as added by subsection (a), shall apply with
respect to claims received by the Secretary of Veterans
Affairs after the date of the enactment of this Act.''.
(b) GI Bill Educational Assistance for Survivors and
Dependents of Veterans.--Subtitle B of title VIII of the
Transportation Equity Act for the 21st Century is amended by
adding at the end the following new section:
``SEC. 8210. TWENTY PERCENT INCREASE IN RATES OF SURVIVORS
AND DEPENDENTS EDUCATIONAL ASSISTANCE.
``(a) Survivors and Dependents Educational Assistance.--
Section 3532 of title 38, United States Code, is amended--
``(1) in subsection (a)(1)--
``(A) by striking out `$404' and inserting in lieu thereof
`$485';
``(B) by striking out `$304' and inserting in lieu thereof
`$365'; and
``(C) by striking out `$202' and inserting in lieu thereof
`$242';
``(2) in subsection (a)(2), by striking out `$404' and
inserting in lieu thereof `$485';
``(3) in subsection (b), by striking out `$404' and
inserting in lieu thereof `$485'; and
``(4) in subsection (c)(2)--
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``(A) by striking out `$327' and inserting in lieu thereof
`$392';
``(B) by striking out `$245' and inserting in lieu thereof
`$294'; and
``(C) by striking out `$163' and inserting in lieu thereof
`$196'.
``(b) Correspondence Course.--Section 3534(b) of such title
is amended by striking out `$404' and inserting in lieu
thereof `$485'.
``(c) Special Restorative Training.--Section 3542(a) of
such title is amended--
``(1) by striking out `$404' and inserting in lieu thereof
`$485';
``(2) by striking out `$127' each place it appears and
inserting in lieu thereof `$152'; and
``(3) by striking out `$13.46' and inserting in lieu
thereof `$16.16'.
``(d) Apprenticeship Training.--Section 3687(b)(2) of such
title is amended--
``(1) by striking out `$294' and inserting in lieu thereof
`$353';
``(2) by striking out `$220' and inserting in lieu thereof
`$264';
``(3) by striking out `$146' and inserting in lieu thereof
`$175'; and
``(4) by striking out `$73' and inserting in lieu thereof
`$88'.
``(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 1998, and shall apply with
respect to educational assistance allowances paid for months
after September 1998.''.
Mr. WARNER. I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCAIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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