[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

[[Page S5566]]

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)--

[[Page S5567]]

       ``(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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