[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6783-H6786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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VETERANS BENEFITS ACT OF 2000
Mr. STUMP. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4850) to provide a cost-of-living adjustment in rates of
compensation paid to veterans with service-connected disabilities, to
enhance programs providing compensation and life insurance benefits for
veterans, and for other purposes.
The Clerk read as follows:
H.R. 4850
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Benefits Act of
2000''.
[[Page H6784]]
TITLE I--ANNUAL COMPENSATION INCREASE
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 2000, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such
title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b)
of such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under
subsection (a) shall be made in the dollar amounts specified
in subsection (b) as in effect on November 30, 2000. Each
such amount shall be increased by the same percentage as the
percentage by which benefit amounts payable under title II of
the Social Security Act (42 U.S.C. 401 et seq.) are increased
effective December 1, 2000, as a result of a determination
under section 215(i) of such Act (42 U.S.C. 415(i)).
(2) In the computation of increased dollar amounts pursuant
to paragraph (1), any amount which as so computed is not a
whole dollar amount shall be rounded down to the next lower
whole dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively, consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law 85-
857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
SEC. 102. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section
215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a
determination made under section 215(i) of such Act during
fiscal year 2000, the Secretary of Veterans Affairs shall
publish in the Federal Register the amounts specified in
subsection (b) of section 101, as increased pursuant to that
section.
TITLE II--BENEFITS IMPROVEMENTS
SEC. 201. STROKES AND HEART ATTACKS INCURRED OR AGGRAVATED BY
MEMBERS OF RESERVE COMPONENTS IN THE
PERFORMANCE OF DUTY WHILE PERFORMING INACTIVE
DUTY TRAINING TO BE CONSIDERED TO BE SERVICE-
CONNECTED.
(a) Scope of Term ``Active Military, Naval, or Air
Service''.--Section 101(24) of title 38, United States Code,
is amended to read as follows:
``(24) The term ``active military, naval, or air service''
includes--
``(A) active duty;
``(B) any period of active duty for training during which
the individual concerned was disabled or died from a disease
or injury incurred or aggravated in line of duty; and
``(C) any period of inactive duty training during which the
individual concerned was disabled or died--
``(i) from an injury incurred or aggravated in line of
duty; or
``(ii) from an acute myocardial infarction, a cardiac
arrest, or a cerebrovascular accident occurring during such
training.''.
(b) Travel To or From Training Duty.--Section 106(d) of
such title is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``or covered disease'' after ``injury''
each place it appears;
(4) by designating the second sentence as paragraph (2);
(5) by designating the third sentence as paragraph (3); and
(6) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `covered
disease' means any of the following:
``(A) Acute myocardial infarction.
``(B) A cardiac arrest.
``(C) A cerebrovascular accident.''.
SEC. 202. COMPENSATION TO BE PAID AT SO-CALLED ``K'' RATE FOR
SERVICE-CONNECTED LOSS OF ONE OR BOTH BREASTS
DUE TO RADICAL MASTECTOMY.
Section 1114(k) of title 38, United States Code, is amended
by inserting ``or one or both breasts due to a radical
mastectomy or modified radical mastectomy,'' after ``loss or
loss of use of one or more creative organs,''.
TITLE III--VETERANS LIFE INSURANCE
SEC. 301. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL
READY RESERVE FOR SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Eligibility.--Section 1965(5) of title 38, United
States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) a person who volunteers for assignment to a
mobilization category in the Individual Ready Reserve, as
defined in section 12304(i)(1) of title 10; and''.
(b) Conforming Amendments.--Sections 1967(a), 1968(a), and
1969(a)(2)(A) of such title are amended by striking ``section
1965(5)(B) of this title'' each place it appears and
inserting ``subparagraphs (B) or (C) of section 1965(5) of
this title''.
(c) Effective Date.--The amendments made by this section
take effect on October 1, 2000.
The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the
gentleman from Arizona (Mr. Stump) and the gentleman from Illinois (Mr.
Evans) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
General Leave
Mr. STUMP. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material therein on H.R. 4850.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Madam Speaker, I yield myself such time as I may consume.
H.R. 4850 is the Veterans Benefits Act of 2000. The bill includes a
cost-of-living adjustment for VA disability compensation and survivors
benefits. It also includes a number of changes in program eligibility
and benefit improvements.
I urge my colleagues to support passage of H.R. 4850.
Madam Speaker, I reserve the balance of my time.
Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I want to thank the chairman of the committee, the
gentleman from Arizona (Mr. Stump), for bringing this legislation to
the floor today. I believe all Members of this body can fully support
the Veterans Benefits Act of 2000, H.R. 4850. Among other provisions,
this act provides a cost-of-living adjustment to service-connected
disabled veterans and DIC beneficiaries. As a result, these important
benefits will be increased to keep pace with the cost of living.
The bill also recognizes the sacrifices made by two special groups of
veterans, those who serve in the Guard and Reserve and suffer a heart
attack or stroke while on inactive duty for training. These conditions
will now be recognized as service connected. Madam Speaker, I also
particularly want to commend and thank the gentleman from Michigan (Mr.
Stupak) for his effective leadership on this important provision.
I am pleased that this bill incorporates the provisions of H.R. 3998
which I introduced to provide special monthly compensation to veterans
who are service connected for a radical mastectomy.
This is a good bill. I urge my colleagues to vote in favor of it.
Madam Speaker, I reserve the balance of my time.
Mr. STUMP. Madam Speaker, I yield such time as he may consume to the
gentleman from New York (Mr. Quinn), the chairman of the Subcommittee
on Benefits.
Mr. QUINN. Madam Speaker, I want to note the opportunity for us to
talk with the gentleman from California (Mr. Filner) this morning and
others.
We are proud to be here today to consider H.R. 4850, the Veterans
Benefits Act of 2000. H.R. 4850 combines four bills that were referred
to the Subcommittee on Benefits, H.R. 3816, H.R. 3998, H.R. 4131, and
H.R. 4376.
Briefly, Madam Speaker, the Veterans Benefits Act provides a COLA,
cost-of-living adjustment, effective December 1, 2000, for service-
connected and survivor benefits. It also provides that a stroke or a
heart attack suffered by a Reservist during inactive duty training
shall be considered service connected for purposes of VA benefits.
[[Page H6785]]
It adds the service-connected loss of one or both breasts due to a
radical mastectomy to the list of disabilities entitled to an
additional special monthly compensation. And, finally, extends service
members' group life insurance eligibility to members of the Individual
Ready Reserve.
I would like to thank the ranking member and my partner on the
subcommittee, the gentleman from California (Mr. Filner), for his help
in bringing this bill to the floor today. I would also like to thank
the gentleman from Michigan (Mr. Stupak), who is not a member of the
committee but had the foresight to bring to our attention and worked
with us on the provision affecting Reservists who suffer a heart attack
or stroke while performing weekend drills.
The benefits improvements in this bill will have an effect on a large
number of veterans across the country. I urge my colleagues to support
it.
Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Madam Speaker, I thank the gentleman for yielding time. I
thank the gentleman from Arizona (Mr. Stump), the gentleman from
Illinois (Mr. Evans), and the gentleman from New York (Mr. Quinn), the
chairman of our Subcommittee on Benefits, for crafting H.R. 4850. I
think everyone in this body can support this very important measure.
This measure is important to the financial well-being of our disabled
veterans and their survivors. It ensures a cost-of-living increase so
that VA benefits will not erode due to increases in the cost of living.
It also recognizes the important contributions made to our Nation's
security by members of the National Guard and Reserve. In fact, section
102 of the bill incorporates provisions that were introduced separately
by the gentleman from Michigan (Mr. Stupak), who will speak in a few
minutes. He recognized that certain members of the Guard and Reserve
who suffer a heart attack or stroke while serving on inactive duty for
training are unfairly denied service connection for those conditions.
So I thank the gentleman from Michigan now for his leadership in
getting this important provision.
Section 202 of the bill is taken from a bill, H.R. 3998, introduced
by the gentleman from Illinois (Mr. Evans), our ranking member. This
will provide veterans who are service connected due to a radical
mastectomy with the additional compensation currently provided to
veterans who are service connected for loss or loss of use of other
body parts. This bill was recommended to us in the 1998 report of VA's
Advisory Committee on Women Veterans.
Finally, section 301 of the bill will ensure that service members who
volunteer for assignment to a mobilization category in the Ready
Reserves will have access to VA life insurance. This is a simple thing
but is very important because if we expect these service members to put
their lives on the line for our Nation, we must assure that their
survivors will be compensated if they are asked to pay the ultimate
price for their service.
I ask for a unanimous vote on this very important measure.
Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Reyes), a member of the committee.
Mr. REYES. Madam Speaker, today I rise in support of H.R. 4850, the
Veterans Benefits Act. I want to thank the chairman and ranking member
of our committee as well as the gentleman from Michigan (Mr. Stupak)
for his leadership on this bill. This bill provides serious improvement
in services and benefits to our veterans. With H.R. 4850, we are
providing important cost-of-living adjustments for compensation paid to
veterans with service-connected disabilities as well as their
dependents, along with enhancing other benefit programs providing
compensation and life insurance benefits.
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Moreover, with the increasing number of Guard and Reserve members of
our Armed Services that are being called upon to defend our Nation, the
diseases and the symptoms that they suffer should be considered service
connected just as if they were on active duty status.
Under current law, if a Guard member or a Reservist on inactive duty
training suffers a heart attack or stroke, the disability is
characterized as due to a disease and is not considered service
connected.
This bill simply corrects this situation by allowing those on
inactive duty for training as to count this as service connected for
the purposes of Veterans benefits.
Furthermore, with the increasing number of female veterans, I am
proud that this bill amends Federal veterans' benefits provisions to
provide a monthly rate of compensation for the service-connected loss
of one or both breasts due to the radical or modified radical
mastectomy. This bill finally creates parity for breast cancer along
the same lines as other visible physical disabilities.
Lastly, the bill expands the eligibility of veterans to participate
in group life insurance programs.
Madam Speaker, when Reservists are called up for quick deployments,
the need for insurance to cover these men and women for loss of life
during acts of war is paramount. As it is, as regular insurance, their
regular insurance, does not cover these types of situations.
This bill fulfills our obligation to make sure that our men and women
in uniform of the Reserves who are putting their lives on the line for
their country have the same opportunity to gain security for themselves
and their families through our life insurance programs.
Clearly, the various aspects of this bill serve the needs of today's
veterans, and they raise the level and quality of benefits for them and
for their families. It is long overdue.
With this legislation, we improve and fulfill our obligation to
better serve our male and female veterans, Reservists, Guardsmen and
their families, who have sacrificed for the American ideal and
interests around the world.
I, therefore, strongly support this legislation and urge Members of
the House to unanimously pass this bill.
Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Stupak).
Mr. STUPAK. Madam Speaker, I thank the gentleman for yielding me the
time.
Madam Speaker, first I would like to commend the gentleman from
Arizona (Mr. Stump), the chairman of the committee, and the gentleman
from Illinois (Mr. Evans), the ranking member, the gentleman from New
York, (Mr. Quinn) and the gentleman from California (Mr. Filner) for
their hard work in helping me bring forth part of this legislation.
It was really their work and the work of their staff that put
together H.R. 4850, which incorporates several very worthy bills to
help our veterans and their families, including my bill, H.R. 3816.
My bill closes an exceptionally problematic loophole brought to my
attention by the Pearce family of Traverse City, Michigan. Master
Sergeant Ron Pearce was a full-time employee of the Michigan National
Guard who suffered a heart attack while performing required physical
fitness tests, a part of the inactive duty training requirements.
Master Sergeant Pearce had a history of heart trouble and in the past
had been exempted from the fitness test on recommendation of his
doctor. He was ordered to take the test as a condition of his continued
employment with the Michigan National Guard.
He passed away as a direct result of this fitness test, leaving
behind a wife and family with no means of support. The VA first
approved and then denied benefits to his family. My bill, now part of
the larger bill, would consider heart attacks and strokes suffered by
National Guard and Reserve personnel while on inactive duty for
training to be service connected for the purpose of VA benefits.
Madam Speaker, I strongly urge support of this legislation. I am
happy that the loophole will be closed and more families will not have
to suffer as the Pearce family has.
I strongly urge Members to vote yes on this bill. I once again would
like to thank the distinguished gentleman from Arizona (Mr. Stump), the
chairman of the Committee on Veterans Affairs; the distinguished
gentleman from Illinois (Mr. Evans), the ranking member, for their
inclusion of my legislation in their bill.
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Mr. EVANS. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. STUMP. Madam Speaker, I would like to thank the gentleman from
Illinois (Mr. Evans), the ranking member, for all of his assistance, as
well as the gentleman from New York (Mr. Quinn), chairman of the
Subcommittee on Benefits, and the gentleman from California (Mr.
Filner).
Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of several
veterans' bills that the House is considering today. First, H.R. 4850,
the Veterans' Benefits Act of 2000, will increase, effective December
1, 2000, the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency and
indemnity compensation for survivors of certain disabled veterans. As
in previous years, these deserving men and women will receive the same
cost-of-living-adjustment (COLA) that Social Security recipients are
scheduled to receive, and as a cosponsor of H.R. 4850, I am pleased
that we are acting to provide disabled veterans and their survivors
with an annual COLA.
H.R. 4850 includes several other important provisions. Under the
measure, a stroke or heart attack suffered or aggravated by a reservist
during inactive duty training will be considered service-connected.
This will allow reservists to receive disability compensation for these
conditions if they become disabled while on inactive duty training.
H.R. 4850 would also provide a special monthly compensation for the
service-connected loss of one or both breasts due to a radical
mastectomy, at the same rate as that for a service-connected ``loss or
loss of use of one or more creative organs.'' Finally, H.R. 4850 will
permit certain members of the Individual Ready Reserve to participate
in the Servicemembers Group Life Insurance program.
The second veterans' bill we are considering today, the Veterans
Claims Assistance Act of 2000, would eliminate the requirement that a
claimant first submit a ``well-grounded claim'' before receiving
assistance from the VA Secretary. A well-grounded claim for service-
connected disability benefits would be one that included supporting
medical opinion and evidence.
H.R. 4864 would require the VA Secretary to make a reasonable effort
to obtain relevant records identified and authorized by the claimant.
The VA Secretary would also have to provide a medical examination if
warranted. H.R. 4864 would permit veterans who had claims denied or
dismissed by the Court of Appeals for Veterans Claims to request a
review of those claims within two years of enactment. Finally, H.R.
4864 would require other federal agencies to furnish relevant records
to the VA at no cost to the claimant.
The VA has a long history of assisting veterans to obtain government
and other records which may substantiate their claim for benefits.
However, last year, the Court of Appeals for Veterans' Claims held that
the VA had no authority to develop claims that are not well-grounded.
Anyone who has ever had to deal with a bureaucracy knows how
frustrating it can be, and the Court's decision had a devastating
impact on a veteran's ability to develop his or her claim. H.R. 4864
reaffirms the government's obligation to assist our nation's veterans
in developing their benefit claims, and I am honored to be an original
cosponsor of this legislation.
Finally, I am pleased that the House will consider another resolution
that I have cosponsored regarding the Persian Gulf War. Next month
marks the tenth anniversary of the initial activation of the National
Guard and Reserve personnel for Operation Desert Shield and Operation
Desert Storm as a consequence of the invasion of Kuwait by Iraq. Over
267,000 members of the National Guard and Reserve were ordered to
active duty during the Persian Gulf War, and 57 of them lost their
lives in service to their nation.
H. Res. 549 recognizes the historical significance of this
anniversary and honors the service and sacrifice of these National
Guard and Reserve personnel during Operation Desert Shield and
Operation Desert Storm. The resolution also recognizes the growing
importance of the National Guard and Reserve to the Security of the
United States.
Mr. Speaker, I urge my colleagues to support all three of these
important veterans bills.
Mr. WATTS of Oklahoma. Madam Speaker, I rise in support of H.R. 4850,
the Veterans Benefits Acts of 2000 and H.R. 4864, the Veterans Claims
Assistance Act of 2000--two bills that give overdue support and
assistance to our Nation's veterans. There are more than 2.6 million
veterans receiving disability compensation as of May 2000, and the
Department of Veterans Affairs expects expenditures for disability
compensation to reach $15 billion for FY 2000.
H.R. 4850 directs the Veterans Secretary to increase the rates of
veterans disability compensation, dependency and indemnity
compensation, and additional compensation for dependents, which is
equal to the Social Security cost-of-living adjustment (COLA) that will
take place on December 1, 2000. Furthermore, this bill provides for a
change in the law which states that a stroke or heart attack that is
incurred by a member of a reserve component in the performance of duty
shall be considered service-connected for the purpose of benefits under
law. Finally, H.R. 4850 provides compensation for the service-connected
loss of one or both breasts due to a radical mastectomy and will be
treated as other service-connected loss of organs or limbs.
In addition to H.R. 4850, I support H.R. 4864 which authorizes the
Secretary of Veterans Affairs to assist a claimant in obtaining
evidence to establish entitlement to a benefit. The bill requires the
Secretary to make reasonable efforts to obtain relevant records that
the claimant identifies. Also, it eliminates the requirement that a
claimant submit a ``well-grounded'' claim before the Secretary can
assist in obtaining evidence to support a claimant. This is a change as
the result of a recent Court of Appeals case that stated the Veterans
Administration (VA) could help a veteran obtain records relevant to a
claim only after the veteran provided enough evidence to prove that the
claim is ``well-grounded.'' This decision led to confusion on the part
of the VA as to the meaning and application of the ``well grounded''
claim requirement. H.R. 4864 clarifies the ``well grounded'' claim
requirement and enables the VA to once again provide as much assistance
as possible to veterans.
I fully support these two important bills. I have always believed how
our nation treats the veterans has a direct impact upon our ability to
attract patriotic young Americans to military service. We must ensure
our veterans receive proper and fair assistance in a timely manner. If
we do not keep faith with our veterans--we will jeopardize the defense
of the country.
Mr. STUMP. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). 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. 4850.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________