[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6786-H6790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VETERANS CLAIMS ASSISTANCE ACT OF 2000

  Mr. STUMP. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4864) to amend title 38, United States Code, to reaffirm and 
clarify the duty of the Secretary of Veterans Affairs to assist 
claimants for benefits under laws administered by the Secretary, and 
for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4864

       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 Claims Assistance 
     Act of 2000''.

     SEC. 2. CLARIFICATION OF DEFINITION OF ``CLAIMANT'' FOR 
                   PURPOSES OF VETERANS LAWS.

       (a) In General.--Chapter 51 of title 38, United States 
     Code, is amended by inserting before section 5101 the 
     following new section:

     ``Sec. 5100. Definition of `claimant'

       ``For purposes of this chapter, the term `claimant' means 
     any individual applying for, or submitting a claim for, any 
     benefit under the laws administered by the Secretary.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting before the 
     item relating to section 5101 the following new item:

``5100. Definition of `claimant'.''.

     SEC. 3. ASSISTANCE TO CLAIMANTS.

       (a) Reaffirmation and Clarification of Duty To Assist.--
     Chapter 51 of title 38, United States Code, is amended by 
     striking sections 5102 and 5103 and inserting the following:

     ``Sec. 5102. Applications: forms furnished upon request; 
       notice to claimants of incomplete applications

       ``(a) Furnishing Forms.--Upon request made in person or in 
     writing by any person claiming or applying for a benefit 
     under the laws administered by the Secretary, the Secretary 
     shall furnish such person, free of all expense, all such 
     printed instructions and forms as may be necessary in 
     establishing such claim.
       ``(b) Incomplete Applications.--If a claimant's application 
     for a benefit under the laws administered by the Secretary is 
     incomplete, the Secretary shall notify the claimant and the 
     claimant's representative, if any, of the information 
     necessary to complete the application. The Secretary shall 
     notify each claimant of any additional information and 
     medical and lay evidence necessary to substantiate the claim. 
     As

[[Page H6787]]

     part of such notice, the Secretary shall indicate which 
     portion of such evidence, if any, is to be provided by the 
     claimant and which portion of such evidence, if any, the 
     Secretary will attempt to obtain on behalf of the claimant.
       ``(c) Time Limitation.--In the case of evidence that the 
     claimant is notified is to be provided by the claimant, if 
     such evidence is not received by the Secretary within one 
     year from the date of such notification, no benefits may be 
     paid or furnished by reason of such application.
       ``(d) Inapplicability to Certain Benefits.--This section 
     shall not apply to any application or claim for Government 
     life insurance benefits.

     ``Sec. 5103. Applications: Duty to assist claimants

       ``(a) Duty To Assist.--The Secretary shall make reasonable 
     efforts to assist in obtaining evidence necessary to 
     establish a claimant's eligibility for a benefit under a law 
     administered by the Secretary. However, the Secretary may 
     decide a claim without providing assistance under this 
     subsection when no reasonable possibility exists that such 
     assistance will aid in the establishment of eligibility for 
     the benefit sought.
       ``(b) Assistance in Obtaining Records.--(1) As part of the 
     assistance provided under subsection (a), the Secretary shall 
     make reasonable efforts to obtain relevant records that the 
     claimant adequately identifies to the Secretary and 
     authorizes the Secretary to obtain.
       ``(2) Whenever the Secretary, after making such reasonable 
     efforts, is unable to obtain all of the records sought, the 
     Secretary shall inform the claimant that the Secretary is 
     unable to obtain such records. Such a notice shall--
       ``(A) specifically identify the records the Secretary is 
     unable to obtain;
       ``(B) briefly explain the efforts that the Secretary made 
     to obtain those records;
       ``(C) describe any further actions to be taken by the 
     Secretary with respect to the claim; and
       ``(D) request the claimant, if the claimant intends to 
     attempt to obtain such records independently, to so notify 
     the Secretary within a time period to be specified in the 
     notice.
       ``(c) Obtaining Records for Compensation Claims.--In the 
     case of a claim by a veteran for disability compensation, the 
     assistance provided by the Secretary under subsection (a) 
     shall include obtaining the following records if relevant to 
     the veteran's claim:
       ``(1) The claimant's existing service medical records and, 
     if the claimant has furnished information sufficient to 
     locate such records, other relevant service records.
       ``(2) Existing records of relevant medical treatment or 
     examination of the veteran at Department health-care 
     facilities or at the expense of the Department, if the 
     claimant has furnished information sufficient to locate such 
     records.
       ``(3) Information as described in section 5106 of this 
     title.
       ``(d) Medical Examinations for Compensation Claims.--In the 
     case of a claim by a veteran for disability compensation, the 
     assistance provided by the Secretary under subsection (a) 
     shall include providing a medical examination, or obtaining a 
     medical opinion, when the evidence of record before the 
     Secretary--
       ``(1) establishes that--
       ``(A) the claimant has--
       ``(i) a current disability;
       ``(ii) current symptoms of a disease that may not be 
     characterized by symptoms for extended periods of time; or
       ``(iii) persistent or recurrent symptoms of disability 
     following discharge or release from active military, naval, 
     or air service; and
       ``(B) there was an event, injury, or disease (or 
     combination of events, injuries, or diseases) during the 
     claimant's active military, naval, or air service capable of 
     causing or aggravating the claimant's current disability or 
     symptoms, but
       ``(2) is insufficient to establish service-connection of 
     the current disability or symptoms.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include provisions for--
       ``(1) specifying the evidence necessary under subsection 
     (a) to establish a claimant's eligibility for a benefit under 
     a law administered by the Secretary; and
       ``(2) determining under subsections (b) and (c) what 
     records are relevant to a claim.
       ``(f) Rule With Respect to Disallowed Claims.--Nothing in 
     this section shall be construed to require the Secretary to 
     reopen a claim that has been disallowed except when new and 
     material evidence is presented or secured, as described in 
     section 5108 of this title.
       ``(g) Other Assistance Not Precluded.--Nothing in this 
     section shall be construed as precluding the Secretary from 
     providing such other assistance to a claimant as the 
     Secretary considers appropriate.''.
       (b) Reenactment of Rule for Claimant's Lacking a Mailing 
     Address.--Chapter 51 of such title is amended by adding at 
     the end the following new section:

     ``Sec. 5126. Benefits not to be denied based on lack of 
       mailing address

       ``Benefits under laws administered by the Secretary may not 
     be denied a claimant on the basis that the claimant does not 
     have a mailing address.''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of chapter 51 of such title is amended--
       (1) by striking the items relating to sections 5102 and 
     5103 and inserting the following:

``5102. Applications: forms furnished upon request; notice to claimants 
              of incomplete applications.
``5103. Applications: duty to assist claimants.'';

     and
       (2) by adding at the end the following new item:

``5126. Benefits not to be denied based on lack of mailing address.''.

     SEC. 4. BURDEN OF PROOF.

       (a) Repeal of ``Well-Grounded Claim'' Rule.--Section 5107 
     of title 38, United States Code, is amended to read as 
     follows:

     ``Sec. 5107. Burden of proof; benefit of the doubt

       ``(a) Burden of Proof.--Except when otherwise provided by 
     this title or by the Secretary in accordance with the 
     provisions of this title, a claimant shall have the burden of 
     proving entitlement to benefits.
       ``(b) Benefit of the Doubt.--The Secretary shall consider 
     all evidence and material of record in a case before the 
     Department with respect to benefits under laws administered 
     by the Secretary and shall give the claimant the benefit of 
     the doubt when there is an approximate balance of positive 
     and negative evidence regarding any issue material to the 
     determination of the matter.''.

     SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER 
                   FEDERAL DEPARTMENTS AND AGENCIES.

       Section 5106 of title 38, United States Code, is amended by 
     adding at the end the following new sentence: ``No charge may 
     be imposed by the head of any such department or agency for 
     providing such information.''.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--Except as specifically provided otherwise, 
     the provisions of section 5107 of title 38, United States 
     Code, as amended by section 4 of this Act, apply to any 
     claim--
       (1) filed on or after the date of the enactment of this 
     Act; or
       (2) filed before the date of the enactment of this Act and 
     not final as of the date of the enactment of this Act.
       (b) Rule for Claims the Denial of Which Became Final After 
     the Court of Appeals for Veterans Claims Decision in the 
     Morton Case.--(1) In the case of any claim for benefits--
       (A) the denial of which became final during the period 
     beginning on July 14, 1999, and ending on the date of the 
     enactment of this Act; and
       (B) which was denied or dismissed by the Secretary of 
     Veterans Affairs or a court because the claim was not well 
     grounded (as that term was used in section 5107(a) of title 
     38, United States Code, as in effect during that period),

     the Secretary of Veterans Affairs shall, upon the request of 
     the claimant, or on the Secretary's own motion, order the 
     claim readjudicated under chapter 51 of such title, as 
     amended by this Act, as if such denial or dismissal had not 
     been made.
       (2) A claim may not be readjudicated under this subsection 
     unless the request is filed or the motion made not later than 
     two years after the date of the enactment of this Act.
       (3) In the absence of a timely request of a claimant, 
     nothing in this Act shall be construed as establishing a duty 
     on the part of the Secretary of Veterans Affairs to locate 
     and readjudicate claims described in this subsection.

  The SPEAKER pro tempore. 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).


                             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 on H.R. 4864, as amended.
  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.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Madam Speaker, H.R. 4864 is the Veterans Claims Assistance 
Act of 2000. The bill includes difficulties veterans have experienced 
with the claims processing since the Veterans Administration's 
implementation of a decision in the case of Morton v. West.
  The bill requires the VA to assist veterans in obtaining records even 
though the veterans has not filed what has been called a well-grounded 
claim.
  The Subcommittee on Benefits has worked closely with the veterans 
service organizations, with the VA, and with the Senate Committee on 
Veterans Affairs on this bill. I urge my colleagues to support passage 
of H.R. 4864, as amended.
  Madam Speaker, I reserve the balance of my time.
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, last fall I introduced H.R. 3193, the Duty to Assist 
Act. This measure provided a statutory requirement for the Department 
of Veterans Affairs to assist veterans filing a claim for benefits 
administered by the VA. This legislation became necessary as a result 
of the ruling of the U.S. Court of Appeals for veterans benefits in 
Morton v. West. Nearly 200 Members of the House have cosponsored this 
legislation.
  Following a hearing on H.R. 3193 and subsequent meetings, including 
representatives of the VA and veterans

[[Page H6788]]

service organizations, H.R. 4864 was introduced. It incorporates the 
basic principles of H.R. 3193. This measure will eliminate the onerous 
well-grounded claim requirement that reinstates the VA's traditional 
duty to assist claimants, as did H.R. 3193.
  This legislation is needed to correct erroneous interpretations of 
the law. Judicial review was intended to continue VA's strong 
continuing obligation to assist all veterans with the development of 
their claims, but the exact opposite has occurred.
  I strongly believe in judicial review; however, courts can and do 
make erroneous decisions. When those decisions affect the fundamental 
rights of veterans, it is this Congress' responsibility to correct the 
problem. H.R. 4864 will do this.
  Under this measure, the Secretary of Veterans Affairs is required to 
obtain all evidence in control of the VA and other departments and 
agencies necessary to establish eligibility for benefits before 
deciding the claim. Likewise, veterans will be responsible for 
providing such evidence in their control.
  Veterans seeking to establish their entitlement to benefits they have 
earned as a result of their service to our country deserve to have 
their claims decided fairly and fully, based on all relevant and 
available evidence. Passage of H.R. 4864 will help to assure that their 
claims are properly considered and decided.
  I want to thank the gentleman from Arizona (Mr. Stump), chairman of 
the committee. He has done great work on all of these bills today. I 
want to thank the gentleman from New York (Mr. Quinn), the chairman of 
the Subcommittee on Benefits; the gentleman from California (Mr. 
Filner), the ranking Democrat on the Subcommittee, for their important 
work in this measure.
  We have moved it timely, Mr. Chairman, because of your leadership; 
and I look forward to working with the gentleman on this issue. Madam 
Speaker, I urge my colleagues to support the Veterans Claims Assistance 
Act of 2000, H.R. 4864.
  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), chairman of the Subcommittee on 
Benefits.
  Mr. QUINN. Madam Speaker, the members of the Subcommittee on Benefits 
have worked for the past 6 months or so to craft this legislation that 
we are considering this morning, which I am pleased to say has the 
bipartisan support of over 100 of our colleagues here in the House.
  Madam Speaker, H.R. 4864, as amended, is in direct response to a 1999 
decision by the Court of Appeals for veterans claims, the Morton v. 
West decision, which puts limitations on the VA's duty to assist 
veterans with the development of their claims.
  The bill clarifies the claimants' and the VA's duties with respect to 
obtaining evidence in support of claims for veterans benefits. The bill 
also requires that the Secretary make reasonable effort to obtain 
relevant records that the claimant identifies and authorizes the 
Secretary to obtain, and it eliminates the requirement that a claimant 
submit a ``well-grounded'' claim before the Secretary can assist in 
obtaining evidence.
  The Subcommittee on Benefits had a hearing on the issue this past 
March 23; and since that time, we have been working and meeting with 
members, not only the veterans service organizations but also the VA 
and its officials to develop the bill that addresses the concerns of 
all interested parties without requiring the Veterans Benefits 
Administration to do unnecessary work. It is our intention that H.R. 
4864, as amended, this morning will give direction to both the VA and 
the claimant himself or herself.
  Madam Speaker, I would like to thank the gentleman from Arizona (Mr. 
Stump), and the gentleman from Illinois (Mr. Evans), the ranking 
member, for their leadership on this issue as we crafted this bill. 
Both of these individuals have served together on the VA committee now 
for some 19 years. Thanks also goes to the VSOs that engaged in 
oftentimes a spirited dialogue to ensure that this bill does right by 
veterans and all of their survivors.
  Madam Speaker, I would also like to take this opportunity to thank 
the gentleman from California (Mr. Filner), the ranking member, and my 
partner on the Subcommittee on benefits, the gentleman from Texas (Mr. 
Reyes), who had input from beginning to end on this matter.
  Madam Speaker, I urge our colleagues to support H.R. 4864, as 
amended, this morning.
  Madam Speaker, I inform the Chair that we expect to ask for a 
recorded vote when the time is appropriate.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Madam Speaker, H.R. 4864 will eliminate a significant 
obstacle that has been imposed upon veterans who file a claim for 
benefits administered by the Secretary of the Department of Veterans 
Affairs.
  Claimants for these benefits are now facing obstacles which are 
created by the decision of the U.S. Court of Appeals for veterans 
claims in the so-called Morton v. West decision last July. That 
decision meant that benefits claims that were filed by disabled 
veterans have been rejected prior to their proper development and 
consideration. This is simply unacceptable.
  Madam Speaker, lead by the gentleman from New York (Mr. Quinn), our 
chairman of the Subcommittee on Benefits, we as a committee, along with 
the gentleman from Texas (Mr. Reyes) as a member, undertook hearings, 
undertook discussions with the VA and the VSOs. And in that process, 
within a year of that decision, we now have a bill before us; and I 
thank the majority Chairs for getting this through in this timely 
fashion.
  This legislation clearly and unequivocally removes the well-grounded 
claim requirement which has proven to be a significant barrier facing 
veterans seeking the fair and prompt adjudication of their claims. This 
bill includes many of the concepts contained in an earlier bill, H.R. 
3193, which is sponsored and introduced by the gentleman from Illinois 
(Mr. Evans), our ranking member. It takes into consideration also 
recommendations from the Department of Veterans Affairs, as well as the 
veterans service organizations, who I know the gentleman from New York 
(Mr. Quinn), and I commend very deeply for their advocacy to assure 
that veterans seeking benefits have their claims fairly and accurately 
adjudicated.
  H.R. 4864 is certainly one of the most important veterans measures to 
be considered by this Congress. I urge a unanimous vote by my 
colleagues.
  Mr. QUINN. Madam Speaker, will the gentleman yield?
  Mr. FILNER. I yield to the gentleman from New York.
  Mr. QUINN. Madam Speaker, I want to take this opportunity to thank 
the gentleman from California (Mr. Filner) to make certain our 
colleagues understand that this is an effort by the Veterans 
Subcommittee on Benefits to make the VA more user friendly, more 
constituent friendly. When we have said so many times on the 
subcommittee, when there is an area that is not certain, the benefit of 
the doubt should always go to the veteran when we are able to do that.
  Madam Speaker, I want to publicly thank the gentleman for his effort 
in this regard. It has really made the hearings, I think, more 
beneficial to everybody.
  Mr. FILNER. Madam Speaker, reclaiming my time, I thank the gentleman 
from New York (Mr. Quinn) for his leadership. We have had those 
hearings; they have not only been educational but fruitful. Ideas are 
put on the table; people have commented on them. We have taken those 
ideas and incorporated them in the process. And the gentleman's 
responsiveness to those concerns has been a model to the way I think we 
ought to be conducting ourselves in this Congress.
  Mr. STUMP. Madam Speaker, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Smith), the vice chairman of our committee.
  Mr. SMITH of New Jersey. Madam Speaker, I want to thank the gentleman 
from Arizona (Mr. Stump), my good friend, for yielding the time to me.
  Madam Speaker, the House has before it today a piece of legislation 
that will go a long way towards helping veterans and their families 
file claims for VA benefits. I think the gentleman

[[Page H6789]]

from New York (Mr. Quinn) rightly summarized it. The idea behind this 
bill is to make the VA more veterans user-friendly, so that the 
benefits that we owe to those who serve this country can be accorded to 
them.

                              {time}  1045

   very happy and I want to thank the gentleman from Arizona (Mr. 
Stump), the gentleman from New York (Mr. Quinn), my good friend the 
gentleman from Illinois (Mr. Evans) and the gentleman from California 
(Mr. Filner) for their good work in crafting this legislation.
  Madam Speaker, as things now stand, it is up to veterans to prove 
that they are entitled to receive a particular benefit. This is how the 
Veterans Court of Appeals interpreted, last October, the requirement 
that a veteran's claim be well grounded before the VA consider it. Once 
determined to be well grounded, the VA must help obtain evidence 
related to the claim's actual merits.
  The preliminary process approving eligibility for a claim can be an 
onerous one for veterans, as well as for their families. Take, for 
example, the claims for service-connected disabilities. Veterans must, 
one, present evidence that they sustained a disease or injury during 
military service. We all know from our case work how often the St. 
Louis fire comes up. Two, a diagnosis of a current disability; and 
three, a medical opinion stating that the in-service injury or disease 
caused the current disability.
  The reality is that many veterans are unable to secure the medical 
records and other documents that they need because of poor health, 
difficult economic circumstances or an unfamiliarity with how to 
navigate a very complex Federal bureaucracy system, and thus have their 
legitimate claims dismissed outright as not well grounded. Or, they 
just get deterred in the process.
  We all know again through our case work how often a veteran will come 
to one of our offices or a town meeting or one-to-one meeting and say, 
``I am just exhausted, will you please help me?''
  Under H.R. 4864, the VA would have to help the veterans obtain 
service records and a medical examination if the former serviceman or 
woman has symptoms of a current disability or evidence of an injury or 
disease sustained during medical service. The Veterans Claims 
Assistance Act of 2000 would also require other Federal agencies to 
furnish service records to the VA at no cost to the claimant.
  Today's bill reassures veterans and their families that the country 
they served in uniform is on their side when it comes to getting 
assistance that they have more than earned. I urge support for this 
legislation.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Reyes).
  Mr. REYES. Madam Speaker, I thank the gentleman for yielding me time.
  Madam Speaker, I rise today in strong support of H.R. 4864, the 
Veterans Claims Assistance Act. I also want to thank our chairman, the 
gentleman from Arizona (Mr. Stump); the ranking member, the gentleman 
from Illinois (Mr. Evans); the subcommittee chair, the gentleman from 
New York (Mr. Quinn); and subcommittee ranking member, the gentleman 
from New York (Mr. Filner) for their leadership on this very important 
issue for our veterans.
  This bill is important because it makes sure that assistance is given 
to our veterans when establishing a claim for benefits. The bill 
requires the VA to assist a veteran in obtaining evidence to establish 
a claim by requiring the Veterans Administration to make reasonable 
efforts to obtain relevant records and materials.
  This is an important legislative correction as it eliminates the 
unfair requirement that a veteran must first submit a well-grounded 
claim before the VA will assist him.
  We have an obligation to make sure that our veterans are given a hand 
in receiving the benefits that they have worked for, that they have in 
some cases bled for, and have certainly earned in the defense of our 
country. We should never require our veterans to first overcome 
bureaucratic obstacles before they are given the help that they earned 
and that they deserve.
  The Department of Veterans Affairs was established to assist our 
veterans, and this legislation reinforces their obligation to serve our 
veterans and to help them receive any benefits to which they are 
entitled. I am therefore extremely pleased with this bill's requirement 
that the VA assist our veterans in obtaining medical and treatment 
records and information from other Federal agencies and to provide a 
medical examination to establish whether or not they have a service-
connected claim.
  This is good, pro-veterans legislation, and I therefore ask the 
entire House to join in full support.
  This morning, Madam Speaker, I also urge the House to fully support 
eliminating the offset of military retired pay against veterans 
compensation, which is included in the Senate defense authorization 
bill and which is contained in H.R. 303. Many of us have already made 
this request in a letter, and today I ask the House to vote to 
eliminate this very unfair and costly penalty to our veterans.
  I again want to thank the ranking members and the chairmen of our 
committee for their leadership.
  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 yield myself such time as I may consume.
  Madam Speaker, once again I would like to express my appreciation to 
the gentleman from Illinois (Mr. Evans), the ranking member; as well as 
the gentleman from New York (Mr. Quinn), the chairman of our 
subcommittee; the gentleman from California (Mr. Filner), the ranking 
member on the subcommittee; as well as the gentleman from Michigan (Mr. 
Stupak) for bringing this forward.
  Mrs. MORELLA. Madam Speaker, I rise in support of the Veterans Claims 
Assistance Act of 2000 which enables veterans to receive proper 
assistance from the Veterans' Administration in obtaining evidence to 
establish entitlement to a benefit.
  Currently, the Veterans Administration simply denies a veteran's 
claim for service-connected compensation benefits as ``not well 
grounded'' if the veteran does not provide medical and military 
information which shows a current disability is related to medical 
service. While I agree that the VA should not work on claims that do 
not merit attention, veterans are caught in a Catch-22 when the VA 
requires the veteran to provide the required information in 30 days and 
it routinely takes 6 months or longer to obtain records from the 
National Personnel Records Center (NPRC) or other military information 
repositories. Even after receiving those records, the VA must make a 
new determination of the case's status as well-grounded.
  My hard working district office handles on average 3,600 constituents 
a year; many of these cases involve veterans who request my assistance 
in facilitating their retrieval of medical documents and their receipt 
of deserved disability compensation. The ``well grounded'' provision 
has severely hindered the American veterans' legal right to assistance 
from the government in gathering necessary medical evidence.
  The Veterans Claims Assistance Act would help our nation's veterans 
by strengthening the VA's duty to assist by eliminating the requirement 
that a claimant submit a ``well-grounded'' claim. America is eternally 
grateful for the selfless service of our veterans. They must be 
reassured that their country stands steadfast in support.
  Mr. FOLEY. Madam Speaker, on July 21, 2000, the Senate Veterans' 
Affairs Committee found that Florida has the largest backlog of 
veterans' benefits claims in the country. In fact, Florida has over 
20,000 such claims pending, more than any other state. Florida veterans 
wait an average 213 days to have their claims processed whereas the VA 
target is 74 days.
  While this might have been news to the committee, it wasn't news to 
me. Every time I visit my district in Florida, I hear from veterans who 
have been waiting sometimes months to even get a call returned from the 
VA.
  We have a serious problem in this country when our Nation's veterans, 
who have sacrificed so much for this country, must wait months to even 
get a telephone call returned.
  The Veterans' Claims Assistance Act would take a step toward 
alleviating this problem by directing the VA to assist claimants in 
obtaining the necessary documentation to establish their entitlement to 
benefits. This, in turn, should speed the process and allow our 
veterans to receive the benefits that are rightfully theirs.
  Mr. STUMP. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.

[[Page H6790]]

  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. 4864, as amended.
  The question was taken.
  Mr. STUMP. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________