[Congressional Record Volume 147, Number 73 (Thursday, May 24, 2001)]
[Senate]
[Pages S5574-S5577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   VETERANS OPPORTUNITIES ACT OF 2001

  Mr. THOMAS. Mr. President, I ask unanimous consent that the Veterans' 
Affairs Committee be discharged from further consideration of H.R. 801 
and that the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER (Mr. Chafee). Without objection, it is so 
ordered. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 801) to amend title 38, United States Code, to 
     improve programs of educational assistance, to expand 
     programs of transition assistance and outreach to departing 
     servicemembers, veterans, and dependents, to increase burial 
     benefits, to provide for family coverage under 
     Servicemembers' Group Life Insurance, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           amendment no. 790

  Mr. THOMAS. Mr. President, Senators Specter and Rockefeller have an 
amendment at the desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Wyoming (Mr. Thomas), for Mr. Specter, for 
     himself and Mr. Rockefeller, proposes an amendment numbered 
     790.

  (The text of the amendment is printed in the Record under 
``Amendments Submitted and proposed.'')
  Mr. SPECTER. Mr. President, I have sought recognition to comment on 
the ``Veterans' Survivor Benefits Improvement Act of 2001,'' a measure 
which I

[[Page S5575]]

ask be approved by the Senate as a substitute amendment to H.R. 801. 
H.R. 801 is a bill which was passed by the House of Representatives on 
March 27, 2001, and subsequently referred to the Senate Committee on 
Veterans' Affairs. In my capacity as Chairman of the Veterans' Affairs 
Committee, I am pleased to offer this amendment with my colleague, the 
Ranking Member of the Committee, Senator Rockefeller.
  In keeping with the spirit of the upcoming Memorial Day holiday--a 
day intended to memorialize the service of those who lost their lives 
while in service to the Nation--the Veterans' Survivor Benefits 
Improvements Act of 2001 would retroactively increase insurance 
benefits provided to, and guarantee additional health coverage for, the 
survivors of service members killed in the line of duty. The Act would 
also expand health care coverage to the spouses of veterans who have 
permanent and total disabilities due to military service, as well as 
the spouses of veterans who have died as a result of wounds incurred in 
service. Further, the Act extend life insurance benefits to service 
members' spouses and children, and would authorize, and direct, the 
Department of Veterans Affairs to conduct outreach efforts to contact 
these survivors, and other eligible dependents, to apprize them of the 
benefits to which they are entitled. Finally, the Act would make 
technical improvements to Montgomery GI Bill education benefits, and 
make other purely technical amendments to title 38, United States Code.
  As part of the ``Floyd D. Spense National Defense Authorization Act 
for Fiscal Year 2001'' (Public Law 106-398), Medicare-eligible military 
retirees and their spouses became eligible for lifetime health care 
coverage under the Department of Defense (DOD) TRICARE program. Under 
the new law, TRICARE acts as a ``Medigap'' policy, paying for those 
health care services, such as prescription drugs, not covered under 
Medicare. Prior to enactment of Public Law 106-398, military retirees 
lost TRICARE eligibility upon becoming eligible for Medicare.
  Mr. President, we can do no less for the survivors of service members 
who have died wearing our Nation's uniform than we have already done 
for spouses of military retirees. Therefore, Section 3 of the Act--
building on legislation introduced by Senator Rockefeller (S. 564) and 
consistent with the principles set out in the ``TRICARE-for-life'' 
program expansion for military retirees--would extend lifetime health 
coverage under the Civilian Health and Medical Program of the VA 
(CHAMPVA) program. That program--similar to TRICARE--provides medical 
services to the surviving spouses of service members who died while on 
active duty, to the surviving spouses of veterans who died after 
service from injuries sustained while on active duty, and to the 
spouses of veterans who have survived service but who had service-
related injuries which are permanent and total in nature.
  Under the Act--similar to provisions applicable under the TRICARE 
expansion enacted in Public Law 106-398--CHAMPVA benefits will be 
extended to spouses even after they gain Medicare eligibility, and 
CHAMPVA will pay for what Medicare does not. Full CHAMPVA benefits will 
be extended to eligible survivors who were eligible for Medicare on the 
date of enactment, and for those survivors who became Medicare-eligible 
after enactment, full CHAMPVA benefits will be extended upon enrollment 
in Medicare Part B.
  As part of the ``Veterans Benefits and Health Care Improvement Act of 
2000'' (Public Law 106-419), signed into law on November 1, 2000, 
Congress authorized an increase, from $200,000 to $250,000, in the 
maximum amount of Servicemembers Group Life Insurance (SGLI) coverage 
available to participating service members. However, Congress did not 
make the increased maximum death benefit effective until April 1, 2001. 
Sadly, the Nation's Armed Forces have suffered a series of tragic 
losses over the past several months. From the terrorist attack on the 
U.S.S. Cole on October 12, 2000, to the accidental bombing of our own 
service members in Kuwait on March 12, 2001, many brave Americans have 
lost their lives in defense of freedom during the period between 
enactment and the effective date of these increased benefits. As a 
symbol of gratitude to the survivors of those killed in the performance 
of duty, section 5 of the Act would allow retroactive application of 
the increased SGLI amount for those service members who died in the 
performance of duty between October 1, 2000, and March 31, 2001, and 
who had the maximum amount of available SGLI coverage in effect at the 
time of death. This would amount to a $50,000 payment for eligible 
beneficiaries, a small token of thanks for a sacrifice so large. I 
thank my colleague from Virginia, Senator Warner, who authorized the 
legislation (S. 546) from which this provision was derived.
  Another provision in the Act would enhance SGLI benefits for the 
spouses and dependent children of active duty service members. The 
provision would permit service members to purchase a maximum of 
$100,000 in SGLI coverage for their spouses and would extend $10,000 of 
life insurance coverage automatically to their children. These added 
enhancements to the SGLI program are common features provided by many 
commercial policies; they should be made available to our fighting men 
and women. A similar provision was approved by the Senate during the 
106th Congress, but was not acted upon by the House.
  In order to ensure that veterans' family members are made aware of 
the various VA benefits to which they are entitled, section 6 of the 
Act authorizes and instructs VA to conduct enhanced outreach efforts to 
veterans' spouses, surviving spouses, children, and dependent parents. 
The Act also specifies that such efforts are to be undertaken with the 
use of the internet, media, and veterans' publications to reach as wide 
a beneficiary audience as possible. Awareness of available benefits is 
critical if VA is to meet its statutory responsibilities.
  Lastly, the Act makes several technical improvements to the 
Montgomery GI Bill (MGIB) education program. The first improvement 
would clarify eligibility requirements for MGIB benefits. Current law, 
as amended under the ``Veterans Benefits and Health Care Improvement 
Act of 2000'' (Public Law 106-419), could be interpreted as requiring 
more active duty service than is actually necessary to qualify for MGIB 
benefits. The clarifying language removes any ambiguity as to the 
service obligation required for eligibility.
  A second improvement would change the method by which a veteran's 
MGIB entitlement is charged in cases where an active duty service 
member uses a portion of his or her MGIB benefit entitlement during 
service to supplement costs not covered under Tuition Assistance 
Reimbursement programs run by the armed service branches. The new 
method would be simpler for VA to administer, easier for veterans to 
understand, and more beneficial for a veteran wishing to maximize his 
or her utilization of the MGIB benefit.
  A third improvement would simplify administration of the new MGIB 
``buy-up'' opportunity created by the ``Veterans Benefits and Health 
Care Improvement Act of 2000'' (Public Law 106-419). Under that law, a 
service member who contributes up to $600 while in service may receive 
an additional $150 per month in additional monthly MGIB benefits for a 
total of 36 months. The improvement would set minimum monthly in-
service contribution amounts of $20 and would limit the frequency of 
contributions to once per month. DOD requested these modifications to 
ensure the smooth and efficient operation of the ``buy-up'' program.
  A fourth improvement would clarify and extend current provisions of 
law providing for the reimbursement of contributions made to secure 
eligibility for MGIB benefits in cases where the service member has 
died before he or she could utilize those benefits. Current law 
neglects to specify explicitly that the reimbursement provision applies 
in certain circumstances. This provision remedies that oversight.
  Finally, a fifth improvement would clarify that service members who 
wish to convert from Veterans Educational Assistance Program (VEAP) 
benefits to MGIB eligibility--an option made possible by a provision of 
the ``Veterans Benefits and Health Care Improvement Act of 2000'' 
(Public Law 106-419)--need only contribute $2,700 to exercise that 
option. Due to a drafting error, current law could be read as requiring 
that a

[[Page S5576]]

servicemember interested in converting pay $3,900, an additional 
contribution amount that was not intended.
  Mr. President, I urge my colleagues to support the adoption of the 
``Veterans' Survivor Benefits Improvement Act of 2001.'' In doing so, 
we honor the memories of our fallen heroes by providing for those loved 
ones left behind. I yield the floor.
  Mr. ROCKEFELLER. Mr. President, I am very pleased that the Senate is 
considering the Veterans' Survivor Benefits Improvements Act of 2001.
  It is fitting that we will enact this bill in time to commemorate 
Memorial Day, the day we, as a nation, remember and pay tribute to the 
brave members of the American military who died to ensure our freedom. 
That is why the theme of the bill is especially appropriate. Although 
not broad in scope, H.R. 801 attempts to improve the ways in which we 
relate to the survivors of servicemembers and veterans, the families of 
those who have sacrificed so much for their country.
  I am enormously pleased that the bill before us contains my 
legislation to extend health care protections to CHAMPVA beneficiaries 
over the age of 65.
  Last year, Congress finally enacted legislation to restore the 
promise of providing lifetime health care to military retirees, by 
allowing military retirees to retain coverage through TRICARE, rather 
than having to shift to Medicare at age 65. TRICARE for Life, as it is 
known, was a great benefit for retirees, but CHAMPVA beneficiaries were 
not included in this new benefit.
  The Civilian Health and Medical Program of the Department of Veterans 
Affairs, CHAMPVA, provides health care coverage to several categories 
of individuals: Dependents of veterans who have been rated by VA as 
having a total and permanent disability; survivors of veterans who died 
from VA-rated service-connected conditions; and survivors of 
servicemembers who died in the line of duty. As such, CHAMPVA provides 
a measure of security to a group of persons who have undeniably already 
sacrificed a great deal for our country. Under current law, CHAMPVA 
beneficiaries lose their eligibility for coverage when they turn 65 and 
have to shift to Medicare.
  The TRICARE for Life law passed last year specifically allows 
military retirees and their dependents to remain in the TRICARE program 
after they turn age 65, as long as they are enrolled with Part B of 
Medicare. TRICARE will cover those expenses not covered under Medicare. 
it also provides for retail and mail-order pharmaceutical coverage for 
Medicare-eligible military retirees.
  Title 38, United States Code, reflects the view that TRICARE and 
CHAMPVA should operate in similar ways. However, with the enactment of 
TRICARE for Life, that linkage was broken and a modification in law is 
needed to make CHAMPVA consistent with TRICARE.
  The provisions in this bill simply clarify that the CHAMPVA and 
TRICARE programs should continue to operate in a similar manner, with 
similar eligibility. This would mean that Medicare-eligible CHAMPVA 
beneficiaries who enroll in Part B of Medicare would retain secondary 
CHAMPVA coverage and receive the same pharmacy benefit as CHAMPVA 
beneficiaries who are under age 65.
  The failure of Congress to enact prescription drug coverage under 
Medicare only magnifies the need to enact this CHAMPVA reform. 
Incredible advances in drug therapy, combined with staggering inflation 
in prescription drug costs, have made the need for affordable 
prescription drug coverage absolutely critical. CHAMPVA beneficiaries 
who have sacrificed so much already should not be forced to forego 
other necessities of life to purchase needed prescription drugs.
  I recently heard from a couple from Alderson, WV, who represent a 
classic example of why this legislation is so necessary. The husband is 
a veteran of the Korean war. They wrote to me when they learned that 
the wife lost all of her CHAMPVA benefits when she turned 65. As a 
result, she was forced to pay more than $300 per month for her diabetes 
and heart medications, in addition to all the other new costs for care 
not covered by Medicare. With Social Security and disability 
compensation as their only income, this couple is struggling to absorb 
this enormous new expense in their modest budget. My bill would relive 
them of that burden.
  I thank the Gold Star Wives Association and the Consortium for 
Citizens with Disabilities for their dedication in bringing this issue 
to my attention. We must never forget that the costs of military 
service are borne not by the servicemember alone, but by their families 
as well.
  Section 4 of H.R. 801 addresses a shortcoming in the current 
insurance coverage provided to servicemembers, the Servicemembers' 
Group Life Insurance, SGLI. Currently, dependents, spouses and 
children, are not eligible for insurance coverage under the 
servicemember's policy and must secure outside commercial coverage. 
This bill would extend coverage to dependents, giving great peace of 
mind to servicemembers with many other worries as they train and 
prepare for deployment, and especially when they are sent into harm's 
way.
  Servicemembers can elect to participate in a VA-administered group 
life insurance program, SGLI. Government insurance for servicemembers 
was created in 1917 to provide insurance to soldiers going off to war, 
because they were unable to purchase commercial life insurance that 
would cover death resulting from an act of war. That need still exists 
today.
  Coverage is available in $10,000 increments up to a maximum of 
$250,000 unless the servicemember declines coverage or elects coverage 
at a reduced amount. Veterans can opt to continue VA insurance, VGLI, 
after leaving the service, although generally the rates are not 
as competitive as commercial policies. As of last September, the SGLI 
premium was $.08 per month per $1,000 of coverage, and there was 
2,307,000 SGLI policies in force. However, there is no VA or DoD 
sponsored insurance for the families of these servicemembers, who are 
often overseas, which makes securing U.S. commercial insurance 
difficult.

  Last year, the Senate passed S. 1810, which would have provided an 
opportunity to provide similar coverage to spouses and children to 
SGLI-insured servicemembers. The House did not accept this provision in 
conference, and it was dropped from the final omnibus veterans bill.
  This year, the House passed a provision that essentially mirrors last 
year's Senate provision to allow coverage for dependents. Dependents' 
coverage would be automatic unless it is declined. The amount of 
coverage for a spouse would be equal to the coverage of the insured 
servicemember, up to a maximum of $100,000. The lives of a covered 
servicemember's dependent children would be insured for $10,000. 
Premiums are to be set by VA to cover the costs of providing the 
insurance coverage.
  Section 5 of H.R. 801 also addresses an apparently small discrepancy 
that may make a great different in the lives of some servicemembers' 
survivors. In Public Law 106-419, Congress increased the maximum 
coverage for servicemembers' group life insurance from $200,000 to 
$250,000, but delayed the effective date to the ``first day of the 
first month that begins more than 120 days after the date of the 
enactment of [this] Act.'' The bill was signed by the President on 
November 1, 2000.
  However, between passage of the law in Congress and the prospective 
implementation of the increase, the nation has been shocked by several 
high profile incidents resulting in loss of servicemembers' lives, such 
as the tragic bombing of the U.S.S. Cole.
  This provision would make the increase retroactive back to October 1, 
2000, to cover those servicemembers who died in the line of duty in the 
last several months. There are no costs associated with this provision, 
nor will there be any increase in premiums to the insured. It is simply 
the right thing to do for our men and women in uniform.
  Finally, section 6 of H.R. 801 would require VA to expand outreach 
efforts to veterans' dependents and survivors, by requiring the 
Secretary of Veterans Affairs to ensure that the availability of 
services and assistance for eligible dependents is made known through a

[[Page S5577]]

variety of means, including the Internet, announcements in veterans' 
publications, and announcements to the media.
  The most recent survey conducted by VA indicated that less than half 
of the veterans contacted were aware of certain benefits they were 
entitled to receive. For survivors of veterans, there is even a lower 
level of awareness. Currently, VA is mandated to perform outreach to 
servicemembers and veterans, but not to eligible dependents, a spouse, 
surviving spouse, child, or dependent parent of a person who served on 
active duty.
  It is critical that we reach out to these survivors and dependents. 
They should know that VA has many services to assist them in the 
difficult time following a servicemember's death and in transitioning 
through that period with insurance, compensation, education, and health 
care.
  In closing, I urge all my colleagues to support H.R. 801 as a tribute 
to our deceased servicemembers, not just on the day we have selected to 
honor them, but on every day throughout the year.
  Mr. THOMAS. I ask unanimous consent the amendment be agreed to.
  The PRESIDING OFFICER. Without objection it is so ordered.
  The amendment (No. 790) was agreed to.
  Mr. THOMAS. I ask unanimous consent the bill be read a third time and 
passed, as amended, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection it is so ordered.
  The bill (H.R. 801), as amended, was read the third time and passed.
  Mr. THOMAS. Thank you, Mr. President.
  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. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Allard). Without objection, it is so 
ordered.

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