[Congressional Record Volume 147, Number 109 (Tuesday, July 31, 2001)]
[House]
[Pages H4896-H4906]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS BENEFITS ACT OF 2001
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2540) to amend title 38, United States Code, to
make various improvements to veterans benefits programs under laws
administered by the Secretary of Veterans Affairs, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 2540
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Benefits Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--ANNUAL COST-OF-LIVING ADJUSTMENT IN COMPENSATION AND DIC RATES
Sec. 101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 102. Publication of adjusted rates.
TITLE II--COMPENSATION PROVISIONS
Sec. 201. Presumption that diabetes mellitus (type 2) is service-
connected.
Sec. 202. Inclusion of illnesses that cannot be clearly defined in
presumption of service connection for Gulf War veterans.
Sec. 203. Preservation of service connection for undiagnosed illnesses
to provide for participation in research projects by Gulf
War veterans.
Sec. 204. Presumptive period for undiagnosed illnesses program
providing compensation for veterans of Persian Gulf War
who have certain illnesses.
TITLE III--ADMINISTRATION OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
Sec. 301. Registration fees.
Sec. 302. Administrative authorities.
TITLE IV--OTHER MATTERS
Sec. 401. Payment of insurance proceeds to an alternate beneficiary
when first beneficiary cannot be identified.
Sec. 402. Extension of copayment requirement for outpatient
prescription medications.
Sec. 403. Department of Veterans Affairs Health Services Improvement
Fund made subject to appropriations.
Sec. 404. Native American veteran housing loan pilot program.
Sec. 405. Modification of loan assumption notice requirement.
Sec. 406. Elimination of requirement for providing a copy of notice of
appeal to the Secretary.
Sec. 407. Pilot program for expansion of toll-free telephone access to
veterans service representatives.
Sec. 408. Technical and clerical amendments.
Sec. 409. Codification of recurring provisions in annual Department of
Veterans Affairs appropriations Acts.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--ANNUAL COST-OF-LIVING ADJUSTMENT IN COMPENSATION AND DIC RATES
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, 2001, 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:
[[Page H4897]]
(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, 2001.
(2) Except as provided in paragraph (3), 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, 2001, as a result of a determination under
section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, 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 2002, 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--COMPENSATION PROVISIONS
SEC. 201. PRESUMPTION THAT DIABETES MELLITUS (TYPE 2) IS
SERVICE-CONNECTED.
Section 1116(a)(2) is amended by adding at the end the
following new subparagraph:
``(H) Diabetes Mellitus (Type 2).''.
SEC. 202. INCLUSION OF ILLNESSES THAT CANNOT BE CLEARLY
DEFINED IN PRESUMPTION OF SERVICE CONNECTION.
(a) Illnesses That Cannot Be Clearly Defined.--(1)
Subsection (a) of section 1117 is amended by inserting ``or
fibromyalgia, chronic fatigue syndrome, a chronic
multisymptom illness, or any other illness that cannot be
clearly defined (or combination of illnesses that cannot be
clearly defined)'' after ``illnesses)''.
(2) Subsection (c)(1) of such section is amended by
inserting ``or fibromyalgia, chronic fatigue syndrome, a
chronic multisymptom illness, or any other illness that
cannot be clearly defined (or combination of illnesses that
cannot be clearly defined)'' in the matter preceding
subparagraph (A) after ``illnesses)''.
(b) Signs or Symptoms That May Indicate Undiagnosed
Illnesses.--(1) Section 1117 is further amended by adding at
the end the following new subsection:
``(g) For purposes of this section, signs or symptoms that
may be a manifestation of an undiagnosed illness include the
following:
``(1) Fatigue.
``(2) Unexplained rashes or other dermatological signs or
symptoms.
``(3) Headache.
``(4) Muscle pain.
``(5) Joint pain.
``(6) Neurologic signs or symptoms.
``(7) Neuropsychological signs or symptoms.
``(8) Signs or symptoms involving the respiratory system
(upper or lower).
``(9) Sleep disturbances.
``(10) Gastrointestinal signs or symptoms.
``(11) Cardiovascular signs or symptoms.
``(12) Abnormal weight loss.
``(13) Menstrual disorders.''.
(2) Section 1118(a) is amended by adding at the end the
following new paragraph:
``(4) For purposes of this section, signs or symptoms that
may be a manifestation of an undiagnosed illness include the
signs and symptoms listed in section 1117(g) of this
title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 2002.
SEC. 203. PRESERVATION OF SERVICE CONNECTION FOR UNDIAGNOSED
ILLNESSES TO PROVIDE FOR PARTICIPATION IN
RESEARCH PROJECTS BY GULF WAR VETERANS.
(a) Authority for Secretary To Provide for Participation
Without Loss of Benefits.--Section 1117 is amended by adding
after subsection (g), as added by section 202(b), the
following new subsection:
``(h)(1) If the Secretary determines with respect to a
medical research project sponsored by the Department that it
is necessary for the conduct of the project that Persian Gulf
veterans in receipt of compensation under this section or
section 1118 of this title participate in the project without
the possibility of loss of service connection under either
such section, the Secretary shall provide that service
connection granted under either such section for disability
of a veteran who participated in the research project may not
be terminated.
``(2) Paragraph (1) does not apply in a case in which--
``(A) the original award of compensation or service
connection was based on fraud; or
``(B) it is clearly shown from military records that the
person concerned did not have the requisite service or
character of discharge.
``(3) The Secretary shall publish in the Federal Register a
notice of each determination made by the Secretary under
paragraph (1) with respect to a medical research project.''.
(b) Effective Date.--The authority provided by subsection
(h) of section 1117 of title 38, United States Code, as added
by subsection (a), may be used by the Secretary of Veterans
Affairs with respect to any medical research project of the
Department of Veterans Affairs, whether commenced before, on,
or after the date of the enactment of this Act.
SEC. 204. PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILLNESSES
PROGRAM PROVIDING COMPENSATION FOR VETERANS OF
PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES.
Section 1117 is amended--
(1) in subsection (a)(2), by striking ``within the
presumptive period prescribed under subsection (b)'' and
inserting ``before December 31, 2003''; and
(2) by striking subsection (b).
TITLE III--ADMINISTRATION OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
SEC. 301. REGISTRATION FEES.
(a) Fees for Court-Sponsored Activities.--Subsection (a) of
section 7285 is amended by adding at the end the following
new sentence: ``The Court may also impose registration fees
on persons participating in a judicial conference convened
pursuant to section 7286 of this title or any other court-
sponsored activity.''.
(b) Use of Fees.--Subsection (b) of such section is amended
by striking ``for the purposes of (1)'' and all that follows
through the period and inserting ``for the following
purposes:
``(1) Conducting investigations and proceedings, including
employing independent counsel, to pursue disciplinary
matters.
``(2) Defraying the expenses of--
``(A) judicial conferences convened pursuant to section
7286 of this title; and
``(B) other activities and programs that are designed to
support and foster bench and bar communication and
relationships or the study, understanding, public
commemoration, or improvement of veterans law or of the work
of the Court.''.
(c) Clerical Amendments.--(1) The heading for such section
is amended to read as follows:
``Sec. 7285. Practice and registration fees''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 72 is amended to read as
follows:
``7285. Practice and registration fees.''.
SEC. 302. ADMINISTRATIVE AUTHORITIES.
(a) In General.--Subchapter III of chapter 72 is amended by
adding at the end the following new section:
``Sec. 7287. Administration
``Notwithstanding any other provision of law, the Court of
Appeals for Veterans Claims may exercise, for purposes of
management, administration, and expenditure of funds, the
authorities provided for such purposes by any provision of
law (including any limitation with respect to such provision)
applicable to a court of the United States as defined in
section 451 of title 28, except to the extent that such
provision of law is inconsistent with a provision of this
chapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 7286 the following new item:
7287. Administration.''.
TITLE IV--OTHER MATTERS
SEC. 401. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE
BENEFICIARY WHEN FIRST BENEFICIARY CANNOT BE
IDENTIFIED.
(a) NSLI.--Section 1917 is amended by adding at the end the
following new subsection:
``(f)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within three years after the death of the
insured, payment of the proceeds may be made to another
beneficiary designated by the insured, in the order of
precedence as designated by the insured, as if the first
beneficiary had predeceased the insured; and
``(B) if within five years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any
notice in writing that any such claim will be made, payment
of the insurance proceeds may (notwithstanding any other
provision of law) be made to such person as may in the
judgment of the Secretary be equitably entitled to the
proceeds of the policy.
[[Page H4898]]
``(2) Payment of insurance proceeds under paragraph (1)
shall be a bar to recovery by any other person.''.
(b) USGLI.--Section 1951 is amended--
(1) by inserting ``(a)'' before ``United States
Government''; and
(2) by adding at the end the following new subsection:
``(b)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within three years after the death of the
insured, payment of the proceeds may be made to another
beneficiary designated by the insured, in the order of
precedence as designated by the insured, as if the first
beneficiary had predeceased the insured; and
``(B) if within five years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any
notice in writing that any such claim will be made, payment
of the insurance proceeds may (notwithstanding any other
provision of law) be made to such person as may in the
judgment of the Secretary be equitably entitled to the
proceeds of the policy.
``(2) Payment of insurance proceeds under paragraph (1)
shall be a bar to recovery by any other person.''.
(c) Transition Provision.--In the case of a person insured
under subchapter I or II of chapter 19 of title 38, United
States Code, who dies before the date of the enactment of
this Act, the three-year and five-year periods specified in
subsection (f)(1) of section 1917 of title 38, United States
Code, as added by subsection (a), and subsection (b)(1) of
section 1951 of such title, as added by subsection (b), shall
for purposes of the applicable subsection be treated as being
the three-year and five-year periods, respectively, beginning
on the date of the enactment of this Act.
SEC. 402. EXTENSION OF COPAYMENT REQUIREMENT FOR OUTPATIENT
PRESCRIPTION MEDICATIONS.
Section 1722A(d) is amended by striking ``September 30,
2002'' and inserting ``September 30, 2006''.
SEC. 403. DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES
IMPROVEMENT FUND MADE SUBJECT TO
APPROPRIATIONS.
(a) Amounts To Be Subject to Appropriations.--Effective
October 1, 2002, subsection (c) of section 1729B is amended
by striking ``Amounts in the fund are hereby made
available,'' and inserting ``Subject to the provisions of
appropriations Acts, amounts in the fund shall be
available,''.
(b) Technical Amendment.--Subsection (b) of such section is
amended by striking paragraph (1) and redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3),
respectively.
SEC. 404. NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.
(a) Extension of Native American Veteran Housing Loan Pilot
Program.--Section 3761(c) is amended by striking ``December
31, 2001'' and inserting ``December 31, 2005''.
(b) Authorization of the Use of Certain Federal Memorandums
of Understanding.--Section 3762(a)(1) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``and'' after the semicolon and inserting
``or''; and
(3) by adding at the end the following:
``(B) the tribal organization that has jurisdiction over
the veteran has entered into a memorandum of understanding
with any department or agency of the United States with
respect to direct housing loans to Native Americans that the
Secretary determines substantially complies with the
requirements of subsection (b); and''.
SEC. 405. MODIFICATION OF LOAN ASSUMPTION NOTICE REQUIREMENT.
Section 3714(d) is amended to read as follows:
``(d) With respect to a loan guaranteed, insured, or made
under this chapter, the Secretary shall provide, by
regulation, that at least one instrument evidencing either
the loan or the mortgage or deed of trust therefor, shall
conspicuously contain, in such form as the Secretary shall
specify, a notice in substantially the following form: `This
loan is not assumable without the approval of the Department
of Veterans Affairs or its authorized agent'.''.
SEC. 406. ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF
NOTICE OF APPEAL TO THE SECRETARY.
(a) Repeal.--Section 7266 is amended by striking subsection
(b).
(b) Conforming Amendments.--Such section is further
amended--
(1) by striking ``(1)'' after ``(a)'';
(2) by redesignating paragraph (2) as subsection (b);
(3) by redesignating paragraph (3) as subsection (c) and
redesignating subparagraphs (A) and (B) thereof as paragraphs
(1) and (2); and
(4) by redesignating paragraph (4) as subsection (d) and by
striking ``paragraph (3)(B)'' therein and inserting
``subsection (c)(2)''.
SEC. 407. PILOT PROGRAM FOR EXPANSION OF TOLL-FREE TELEPHONE
ACCESS TO VETERANS SERVICE REPRESENTATIVES.
(a) Pilot Program.--The Secretary of Veterans Affairs shall
conduct a pilot program to test the benefits and cost-
effectiveness of expanding access to veterans service
representatives of the Department of Veterans Affairs through
a toll-free (so-called ``1-800'') telephone number. Under the
pilot program, the Secretary shall expand the available hours
of such access to veterans service representatives to not
less than 12 hours on each regular business day and not less
than six hours on Saturday.
(b) Information To Be Provided.--The Secretary shall
ensure, as part of the pilot program, that veterans service
representatives of the Department of Veterans Affairs have
available to them (in addition to information about benefits
provided under laws administered by the Secretary)
information about veterans benefits provided by--
(1) all other departments and agencies of the United
States; and
(2) State governments.
(c) Consultation.--The Secretary shall establish the pilot
program in consultation with the heads of other departments
and agencies of the United States that provide veterans
benefits.
(d) Veterans Benefits Defined.--For purposes of this
section, the term ``veterans benefits'' means benefits
provided to a person based upon the person's own service, or
the service of someone else, in the Armed Forces.
(e) Period of Pilot Program.--The pilot program shall--
(1) begin not later than six months after the date of the
enactment of this Act; and
(2) end at the end of the two-year period beginning on the
date on which the program begins.
(f) Report.--Not later than 120 days after the end of the
pilot program, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the pilot program. The report
shall provide the Secretary's assessment of the benefits and
cost-effectiveness of continuing or making permanent the
pilot program, including an assessment of the extent to which
there is a demand for access to veterans service
representatives during the period of expanded access to such
representatives provided under the pilot program.
SEC. 408. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments to Title 38, United States Code.--Title 38,
United States Code, is amended as follows:
(1)(A) Section 712 is repealed.
(B) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 712.
(2) Section 1710B(c)(2)(B) is amended by inserting ``on''
before ``November 30, 1999''.
(3) Section 3695(a)(5) is amended by striking ``1610'' and
inserting ``1611''.
(b) Other Amendments.--
(1) Section 1001(a)(2) of the Veterans' Benefits
Improvements Act of 1994 (38 U.S.C. 7721 note) is amended by
striking ``and'' at the end of subparagraph (C).
(2) Section 12 of the Homeless Veterans Comprehensive
Service Programs Act of 1992 (38 U.S.C. 7721 note) is amended
in the first sentence by striking ``to carry out this Act''
and all that follows in that sentence and inserting ``to
carry out this Act $50,000,000 for fiscal year 2001.''.
SEC. 409. CODIFICATION OF RECURRING PROVISIONS IN ANNUAL
DEPARTMENT OF VETERANS AFFAIRS APPROPRIATIONS
ACTS.
(a) Codification of Recurring Provisions.--Section 313 is
amended by adding at the end the following new subsections:
``(c) Compensation and Pension.--Funds appropriated for
Compensation and Pensions are available for the following
purposes:
``(1) The payment of compensation benefits to or on behalf
of veterans as authorized by section 107 and chapters 11, 13,
51, 53, 55, and 61 of this title.
``(2) Pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of this title
and section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978.
``(3) The payment of benefits as authorized under chapter
18 of this title.
``(4) Burial benefits, emergency and other officers'
retirement pay, adjusted-service credits and certificates,
payments of premiums due on commercial life insurance
policies guaranteed under the provisions of article IV of the
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C.
App. 540 et seq.), and other benefits as authorized by
sections 107, 1312, 1977, and 2106 and chapters 23, 51, 53,
55, and 61 of this title and the World War Adjusted
Compensation Act (43 Stat. 122, 123), the Act of May 24, 1928
(Public Law No. 506 of the 70th Congress; 45 Stat. 735), and
Public Law 87-875 (76 Stat. 1198).
``(d) Medical Care.--Funds appropriated for Medical Care
are available for the following purposes:
``(1) The maintenance and operation of hospitals, nursing
homes, and domiciliary facilities.
``(2) Furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the
Department, including care and treatment in facilities not
under the jurisdiction of the Department.
``(3) Furnishing recreational facilities, supplies, and
equipment.
``(4) Funeral and burial expenses and other expenses
incidental to funeral and burial expenses for beneficiaries
receiving care from the Department.
``(5) Administrative expenses in support of planning,
design, project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department.
``(6) Oversight, engineering, and architectural activities
not charged to project cost.
[[Page H4899]]
``(7) Repairing, altering, improving, or providing
facilities in the medical facilities and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contact or by the hire of temporary employees and
purchase of materials.
``(8) Uniforms or uniform allowances, as authorized by
sections 5901 and 5902 of title 5.
``(9) Aid to State homes, as authorized by section 1741 of
this title.
``(10) Administrative and legal expenses of the Department
for collecting and recovering amounts owed the Department as
authorized under chapter 17 of this title and Public Law 87-
693, popularly known as the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.).
``(e) Medical Administration and Miscellaneous Operating
Expenses.--Funds appropriated for Medical Administration and
Miscellaneous Operating Expenses are available for the
following purposes:
``(1) The administration of medical, hospital, nursing
home, domiciliary, construction, supply, and research
activities authorized by law.
``(2) Administrative expenses in support of planning,
design, project management, architectural work, engineering,
real property acquisition and disposition, construction, and
renovation of any facility under the jurisdiction or for the
use of the Department, including site acquisition.
``(3) Engineering and architectural activities not charged
to project costs.
``(4) Research and development in building construction
technology.
``(f) General Operating Expenses.--Funds appropriated for
General Operating Expenses are available for the following
purposes:
``(1) Uniforms or allowances therefor.
``(2) Hire of passenger motor vehicles.
``(3) Reimbursement of the General Services Administration
for security guard services.
``(4) Reimbursement of the Department of Defense for the
cost of overseas employee mail.
``(5) Administration of the Service Members Occupational
Conversion and Training Act of 1992 (10 U.S.C. 1143 note).
``(g) Construction.--Funds appropriated for Construction,
Major Projects, and for Construction, Minor Projects, are
available, with respect to a project, for the following
purposes:
``(1) Planning.
``(2) Architectural and engineering services.
``(3) Maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project.
``(4) Services of claims analysts.
``(5) Offsite utility and storm drainage system
construction costs.
``(6) Site acquisition.
``(h) Construction, Minor Projects.--In addition to the
purposes specified in subsection (g), funds appropriated for
Construction, Minor Projects, are available for--
``(1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by a natural
disaster or catastrophe; and
``(2) temporary measures necessary to prevent or to
minimize further loss by such causes.''.
(b) Definition.--(1) Chapter 1 is amended by adding at the
end the following new section:
``Sec. 117. Definition of cost of direct and guaranteed loans
``For the purpose of any provision of law appropriating
funds to the Department for the cost of direct or guaranteed
loans, the cost of any such loan, including the cost of
modifying any such loan, shall be as defined in section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``117. Definition of cost of direct and guaranteed loans.''.
(c) Effective Date.--Subsections (c) through (h) of section
313 of title 38, United States Code, as added by subsection
(a), and section 117 of such title, as added by subsection
(b), shall take effect with respect to funds appropriated for
fiscal year 2003.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, as chairman of the Committee on Veterans' Affairs, I am
very pleased to bring before the House H.R. 2540, as amended, Veterans
Benefits Act of 2001.
This is the fourth major piece of legislation that the Committee on
Veterans' Affairs has brought to the floor this year. Earlier this
year, the House passed H.R. 801, the Veterans' Survivor Benefits
Improvements Act of 2001, which was signed into law on June 5.
This legislation, Public Law 107-14, expands health and life
insurance coverage for dependents and survivors of veterans. The House
also approved H.R. 811, the Veterans' Hospitals Emergency Repair Act,
which provides $550 million over 2 years to repair and renovate VA
medical facilities.
While this legislation is still awaiting action in the Senate, having
passed the House, funding was included in the VA-HUD appropriations
bill approved last night to begin these needed repairs.
In addition, the House has approved H.R. 1291, the 21st Century
Montgomery G.I. Bill Enhancement Act, which also is awaiting Senate
action. It provides a 70 percent increase in G.I. educational benefits
to qualifying service members.
Mr. Speaker, today we bring yet another vitally important piece of
legislation to the floor that will provide increases in VA compensation
payments to disabled veterans and their survivors.
Mr. Speaker, there are more than 2.3 million disabled veterans or
survivors of disabled veterans today receiving compensation who will
receive a boost with passage of H.R. 2540, including more than 170,000
veterans rated 100 percent disabled who will get an additional $767
each year added to their existing benefit.
I would note parenthetically in the State of New Jersey there are
3,246 disabled veterans with a rating of 100%, and they, too, will get
an additional $767 in benefits.
{time} 1230
Upon enactment of this legislation, all veterans or qualified
survivors will get the 2.7 percent COLA. The cost for this will be over
$400 million in the first year and $543 million over the next 4 years.
In all, the compensation package for the COLA will be $2.5 billion over
5 years.
Another very important component of this bill addresses the lingering
effects of service to Persian Gulf War veterans. Many veterans who
applied for disability compensation for poorly-defined illnesses found
that a beneficial law we adopted in 1994, the Persian Gulf War Veterans
Act, had a ``Catch-22.'' If a doctor could diagnose the illness, and
the symptoms had not arisen in service or within 1 year, the claim was
denied.
Mr. Speaker, there is an evolution occurring in medicine today with
respect to so-called chronic multi- symptom illnesses. Some of these
illnesses, such as chronic fatigue syndrome, have case definitions that
are generally accepted in the medical profession, although their cause
and effect and treatment are unknown. Concerned physicians who study
and treat many patients with one or more symptoms may not agree that a
given set of symptoms fit one case definition or another. At other
times, physicians may decide to treat discrete symptoms without
reaching a definitive diagnosis. This bill provides the expansion
authority; and my good friend and colleague, the gentleman from Idaho
(Mr. Simpson), the chairman of the Subcommittee on Benefits, will
explain this momentarily in greater detail.
Let me also say that this legislation is the work of a tremendous
amount of bipartisanship as well as a great deal of work by our
respective staffs, and I would like to single out a number of Members.
First of all, beginning with my good friend, the ranking member, the
gentleman from Illinois (Mr. Evans), who was instrumental in working on
section 2 of this important piece of legislation. He has contributed
very constructively to the shaping of this bill.
I would especially like to thank the gentleman from Idaho (Mr.
Simpson), as I mentioned before, chairman of the Subcommittee on
Benefits, and the ranking member of the subcommittee, the gentleman
from Texas (Mr. Reyes). I would just note that while the gentleman from
Idaho is only in his second term and is already a subcommittee
chairman, he is not new to policy making. Chairman Simpson is an
accomplished lawmaker. As I think many of my colleagues know, he served
in his State legislature for 14 years. His positions included majority
caucus chairman, assistant majority leader in the Idaho House of
Representatives; and he served as speaker, for 6 years in the Idaho
House of Representatives. He is also a member of the Idaho Republican
Party Hall of Fame. We are very fortunate to have him serving as
chairman.
Let me also thank some of the other Members who worked on this. The
gentleman from Florida (Mr. Bilirakis),
[[Page H4900]]
who helped shape the final outcome of this bill. After markup, some
issues remained that were hammered out in a constructive dialogue.
There were some lingering issues that needed to be resolved, and he was
instrumental in crafting that compromise.
Let me also thank the gentleman from Indiana (Mr. Buyer), a Persian
Gulf War vet himself, who worked on this legislation very mightily; the
gentleman from Nevada (Mr. Gibbons), who intended on offering an
extension on the bill--a compromise--extends the period by 2 years. I
also want to thank the gentleman from Mississippi (Mr. Shows); and the
gentleman from Illinois (Mr. Manzullo), the latter who had a major bill
on Gulf War vets with multiple cosponsors, in excess of 200, who was
also very instrumental in shaping this legislation.
Finally, I want to thank our staff: Jeannie McNally, Darryl Kehrer,
Paige McManus, Devon Seibert, Kingston Smith, Summer Larson, and my
good friend and chief counsel, Patrick Ryan.
Also the minority staff: Beth Kilker, Debbie Smith, Mary Ellen
McCarthy, and Michael Durishin, who worked hard on this bill. I urge
support for this important veterans legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 2540, the Veterans Benefits Act of
2001; and I commend and salute our distinguished chairman of the
committee for his leadership in working with the Members on both sides
to bring this measure before us today. I join with him in saluting the
staff that he has recognized as well.
I also want to recognize the new chairman of the Subcommittee on
Benefits, the gentleman from Idaho (Mr. Simpson), and the ranking
Democratic member of the Subcommittee on Benefits, the gentleman from
Texas (Mr. Reyes), who contributed to the bill before us today.
In addition, I want to publicly acknowledge the important
contributions of the gentleman from New Mexico (Mr. Udall) and the
gentlewoman from California (Mrs. Capps) and others to this
legislation.
As amended, this resolution contains many provisions important to our
veterans, and I will highlight just a few.
The bill provides an annual cost of living adjustment, effective
December 1, 2001, to recipients of service-connected disability
compensation and dependency and indemnity compensation. It is the
obligation of this grateful Nation to preserve the purchasing power of
these benefits. This COLA will mirror the COLA received by Social
Security recipients.
Section 201 of the bill is the one that I introduced. This section
provides a statutory basis for a presumption of service-connection for
Vietnam veterans with Type 2 diabetes who were exposed to herbicides.
This provision assures our Nation's veterans that this is a benefit
based in law.
Section 202 of the bill is based on H.R. 1406, which I introduced. It
identifies additional ill-defined or undiagnosed illnesses or illnesses
for which service-connection is presumed for Gulf War veterans.
Additionally, it lists symptoms or signs that may be associated.
H.R. 2540 authorizes a 2-year pilot program for expanded toll-free
access to veterans' benefits counselors. This provision is derived from
the recommendations made by the gentleman from Louisiana (Mr. Baker), a
member of the committee, and the gentlewoman from California (Mrs.
Capps), a Member of good standing; and we appreciate her work.
I am pleased that H.R. 2540 also extends the authority of the VA to
make direct home loans to Native Americans who live on trust lands. I
want to thank the gentleman from New Mexico (Mr. Udall) for introducing
similar legislation in H.R. 1929.
Again, I want to thank the chairman of the full committee and the
chairman and ranking member of the subcommittee for bringing this bill
before us today. I urge all our colleagues to support H.R. 2540, as
amended.
Mr. Speaker, I rise in strong support of H.R. 2540, the Veterans
Benefits Act of 2001. I commend and thank the distinguished Chairman of
the Committee, Chris Smith, for his leadership in working with members
on both sides of the aisle to bring this measure before us today. I
also want to recognize the new Chairman of the Subcommittee on
Benefits, Mr. Simpson, and the Ranking Democratic Member of the
Subcommittee on Benefits, Mr. Reyes, who contributed to the bill before
us today.
I fully support the cost-of-living increase provided by Title I of
H.R. 2540. The purchasing power of the benefits which our veterans have
earned must be maintained and not be diminished because basic living
expenses have increased. Our Nation's veterans have earned their
benefits. It is the obligation of a grateful Nation to preserve the
purchasing power of these benefits and pay them in a timely manner.
As a long time supporter of benefits for veterans who have suffered
from the effects of exposure to herbicides such as Agent Orange, I
welcome VA's recent regulation providing a presumption of service-
connection for Vietnam veterans exposed to dioxin who now suffer from
diabetes Mellitus, Type 2. This was the right action to take. Now it is
time to provide a statutory presumption that makes it clear to veterans
that their eligibility is protected as a matter of law. Section 201 of
the bill is based on legislation I introduced, H.R. 862. This important
step will not result in any additional benefit costs, but will assure
our Nation's veterans of their statutory right.
I also strongly support section 202 of the bill, based on H.R. 1406
which I introduced to overturn a narrow and erroneous opinion of the
Department of Veterans Affairs (VA) General Counsel. Thousands of
veterans who were healthy before their service in Southwest Asia have
experienced a variety of unexplained symptoms since going to Southwest
Asia. Claims for service-connected compensation filed by Gulf War
veterans were originally denied because no single disease entity or
syndrome responsible for these illnesses had been identified. In
providing for compensation due to undiagnosed illnesses or illnesses
which could not be clearly defined, the Congress specifically intended
that under Public Law 103-446, veterans be given the benefit of the
doubt and provided service-connected compensation benefits. Because of
an erroneous Opinion of VA's General Counsel, the law's intent has been
frustrated and many veterans have been denied compensation.
As many veterans organizations have noted, both the former Chairman
of this Committee [Bob Stump] and I have criticized VA's interpretation
of the term ``undiagnosed illness'' in VA General Counsel Precedent
Opinion 8-98 as extremely restrictive. That opinion held that VA is
precluded from providing benefits to veterans who develop symptoms
after military service and who receive a diagnostic label, such as
``chronic service fatigue syndrome'' even for illnesses which are not
clearly defined. Thousands of veterans have had their claims denied
because ``chronic fatigue syndrome'' or another diagnostic label such
as ``irritable bowel syndrome'' was provided. Other veterans with
identical symptoms whose physicians did not attach a diagnostic label
have had their claims granted. Such disparate treatment is unfair and
unacceptable.
Since there is no known cause for these illnesses and no specific
laboratory tests to confirm the diagnosis, as a practical matter VA's
ability to provide compensation has been limited to veterans whose
symptoms became manifest during active duty or active duty for training
or to veterans whose physician indicated that the veterans symptoms
were due to an ``undiagnosed'' condition. Section 202 of H.R. 2540
places the emphasis where Congress originally intended by focusing on
the symptoms which have had such a disabling affect on the lives of
some Gulf War veterans. The bill addresses illnesses which are not
clearly defined, rather than illnesses whose etiology is not clearly
defined. As Dr. Claudia Miller, an experienced medical researcher
testified at the October 26, 1999, hearing of the Subcommittee on
Benefits concerning Persian Gulf War Veterans Issues, ``In medicine, we
will label something with a name, as you are aware, and call it a
diagnosis, but it may not convey what the etiology is. There are very
few places in medicine where we say what the etiology is when we give a
diagnosis. One of the few is infectious diseases.''
In focusing on the symptoms of poorly defined illnesses, the bill
applies to disabilities resulting from what is increasingly referred to
in medical research as ``chronic multisymptom illnesses''. (See,
``Chronic Multisymptom Illness Affecting Air Force Veterans of the Gulf
War'', Fukuda et al, JAMA 1988; 280:981-988, ``Clinical Risk
Communication: Explaining Causality To Gulf War Veterans With Chronic
Multisymptom Illnesses'' Engel, Sunrise Symposium (June 25, 1999)
(Found at www.deploymenthealth.mil/education/risk comm.doc) and
``Multiple Chemical Sensitivity and Chronic Fatigue Syndrome in British
Gulf War Veterans,'' Reid et al, American Journal of Epidemiology, 2001
153:604-609. Veterans must be provided the benefit of the doubt. VA's
cost estimate for compensating Gulf veterans who suffer from
fibromyalgia, chronic fatigue syndome and irritable bowel syndrome is
[[Page H4901]]
evidence that claims which Congress intended to recognize in its 1994
legislation are being denied under present law.
The handling of claims based on undiagnosed illnesses continues to be
problematic. Current VA policy requires VA to consider symptoms
attributed to a diagnosed condition under whatever rating is
appropriate and to also give full credence to symptoms which cannot be
attributed to any of the diagnosed illnesses. In some cases,
adjudicators in VA Regional Offices have failed to follow VA policy. I
hope that by expanding the coverage of service-connection to illnesses
which cannot be clearly defined, VA adjudicators will make fewer such
errors.
I regret that having expended so much of our Nation's resources on a
large tax cut, we lack the funding to make this provision effective
until April 1, 2002. There is one and only one reason for not making
this provision effective upon enactment and even retroactive to the
date of the original legislation. Having spent our Nation's ``surplus''
on large tax cuts for the wealthiest Americans, we have to search for
nickels and dimes to meet our debt to our Nation's disabled veterans.
This is a disgrace, but it is the result with which we are now forced
to live.
I understand the concerns raised by those who believe the presumptive
period for undiagnosed illnesses should be extended. Except for members
of the Guard and Reserve who, though not assigned to the Gulf have
suffered adverse effects following the administration of anthrax and
other vaccines while on inactive duty for training. I am not aware of
any cases where symptoms of undiagnosed illnesses have recently become
manifest. I am also not aware of any servicemembers recently assigned
to the Gulf having experienced symptoms of undiagnosed illnesses,
chronic fatigue syndrome or fibromyalgia. However, because this may
exist, I do not oppose the two-year extension of time contained in the
Manager's amendment. Although I hope that no disabilities with a long
latency period such as cancer or other illnesses will result from Gulf
Service, I will support a presumption of service-connection if and when
certain disabilities are determined to be more prevalent in Gulf
veterans than comparable populations.
Section 203 of H.R. 2540 gives the Secretary of Veterans Affairs the
authority to protect the service connection of veterans receiving
compensation benefits. Last year, Congresswoman Capps and I became
aware that VA was having difficulty in recruiting veterans to
participate in a VA-sponsored research study concerning the prevalence
of Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig's Disease) in Gulf
War veterans. Because ALS is such a rare disease, the validity of the
study required that as many veterans as possible with this condition be
identified. A number of veterans refused to participate in the study
because they were currently receiving service connected compensation
benefits attributed to an undiagnosed illness. If ALS were to be
diagnosed, the veteran would lose those benefits. In response to a
joint request from Mrs. Capps, Mr. Stearns, Mr. Bilirakis and myself to
protect the benefits of the ALS study participants, former Acting
Secretary Gober stated in an October 19, 2000, letter, ``there is
simply no viable way to provide such protection consistent with
existing law and standards of ethnical conduct for Government
employees.''
Section 203 of H.R. 2540 is intended to remedy this dilemma and
provide the VA with the authority needed to enable veterans to
participate in medical research studies, without fear that their
benefits will be placed in jeopardy. Absent such authority, there is a
very real risk that veterans will be caught in a ``Catch-22''
situation. Without adequate research, it may not be possible to
demonstrate an association between service in Southwest Asia and
specific rare illnesses experienced by a small number of Gulf War
veterans. If the research is inadequate, deserving veterans may be
denied compensation. Medical research serves an important humanitarian
goal, by furthering knowledge concerning human diseases and treatment.
Veterans who participate in such research, without any likelihood of
direct benefit to their own lives, deserve to be protected, not
punished, for their humanitarian spirit. By preserving the service
connected character of the veteran's disabilities, they and their
survivors would qualify for compensation and dependency and indemnity
compensation (DIC) benefits.
I am also pleased that the bill addresses concerns expressed by Mrs.
Capps and Mr. Baker concerning VA's toll-free telephone service.
The proposed pilot project should provide veterans with improved access
to VA employees for those questions which cannot be handled by VA's
automated telephone system. This is particularly important for the
growing population of elderly veterans and survivors, who may have
difficulty navigating through the high-tech world of automated
telephone systems. I expect that this pilot program will provide us
with valuable information concerning VA's ability to handle telephonic
inquiries.
Likewise, I strongly support the provisions in H.R. 2540 that are
derived from H.R. 1929 introduced by Tom Udall and myself to extend the
pilot program providing direct home loans to veterans residing on
tribal lands. It is critical that this Congress continued to recognize
the important differences between homes on tribal land and conventional
home loans under Anglo-American legal principles of real property. This
bill provides another home ownership option to Native American veterans
residing on tribal lands.
H.R. 2540 also contains provisions derived from H.R. 2222, introduced
by Mr. Filner and H.R. 2359, introduced by Chairman Smith and myself.
VA should not be holding monies which could be distributed to the
beneficiaries or heirs of a veteran when the primary beneficiary cannot
be located. VA should make every effort to assure that the rightful or
equitable beneficiaries of these interests receive the funds to which
they are entitled.
Section 406 of H.R. 2540 would eliminate the requirement that
veterans filing an appeal with the U.S. Court of Appeals for Veterans
Claims also notify the VA. This requirement has apparently caused
confusion among appellants and caused some to be denied their right to
appeal a decision to the court in a timely manner. Since current court
rules require the U.S. Court of Appeals for Veterans Claims to notify
the Secretary of Veterans Affairs when an appeal is documented,
sufficient notice would be provided to the Secretary with the
elimination of this requirement.
I thank the Chairman and Ranking Member of the Subcommittee for
bringing this bill forward and urge all members to support H.R. 2540.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 4 minutes to the
gentleman from Idaho (Mr. Simpson), the distinguished chairman of the
Subcommittee on Benefits.
Mr. SIMPSON. Mr. Speaker, I thank the gentleman for yielding me this
time and for his kinds words; and I am proud to rise in support of H.R.
2540, the Veterans Benefits Act of 2001. This bill comprises several of
the bills we took testimony on in the Subcommittee on Benefits on July
10 as well as administrative provisions affecting the Court of Appeals
for Veterans Claims, all of which we marked up in subcommittee on July
12.
I will briefly outline the various provisions of the bill, which
makes an array of improvements to veterans benefits programs.
Title I would provide a cost of living adjustment, already mentioned,
effective December 1, 2001, to the rates of disability compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation. As the committee has done in the
past, the rate of increase will be the same as the Social Security COLA
increase.
On July 9, the Department of Veterans Affairs issued final rules
adding Type 2 diabetes to the regulatory list of service-connected
illnesses presumed to be associated with exposures to the herbicide
agents in Vietnam. VA based its decision on recent findings by the
National Academy of Sciences. Section 201 of this bill codifies the VA
regulations.
The remaining sections of title 2 addresses issues unique to Persian
Gulf War veterans. They indeed are selfless individuals who went into
harm's way to fight tyranny. About 12,000 of our 714,000 service
members who served in the Gulf suffer from hard-to-diagnose illnesses.
Section 202 would expand the definition of undiagnosed illnesses to
include fibromyalgia, chronic fatigue syndrome, and chronic multi-
symptom illnesses for the statutory presumption of service connection,
as well as for other illnesses that cannot be clearly defined. This
section also lists signs and symptoms that may be a manifestation of an
undiagnosed illness.
I would like to take this opportunity to thank the gentleman from
Illinois (Mr. Manzullo), the gentleman from Mississippi (Mr. Shows),
and the gentleman from Florida (Mr. Bilirakis) for their work, and the
gentleman from Texas (Mr. Reyes) for working with me on this provision.
Section 203 would grant the Secretary the authority to protect the
service-connected grant of a Persian Gulf war veteran who participates
in a Department-sponsored medical research project. It is the
committee's intention that this provision will
[[Page H4902]]
broaden participation in vital scientific and medical studies.
Section 204 would expand to December 31, 2003 the presumptive period
for providing compensation to veterans with undiagnosed illnesses. This
authority expires at the end of this year. And I would like to thank
the gentleman from Florida (Mr. Gibbons) and the gentleman from Indiana
(Mr. Buyer) for their work with us on this issue.
Title 3 would provide greater administrative flexibility to the U.S.
Court of Appeals for Veterans Claims so that registration fees paid to
the court might be used in connection with practitioner disciplinary
proceedings and in support of bench and bar and veterans' law
educational activities. Title 3 also authorizes the collection of
registration fees for other court-sponsored activities where
appropriate.
Section 401 would give the VA the authority to make a payment of life
insurance proceedings to an alternate beneficiary when the primary
beneficiary cannot be located within 3 years. Currently, there is no
time limitation for the first-named beneficiary of a national service
life insurance or United States Government life insurance policy to
file a claim. As a result, VA is required to hold the unclaimed funds
indefinitely. Section 402 would extend the copayment requirement for a
VA outpatient prescription medication to September 30, 2006 from
September 30, 2002.
Section 403 would make the availability of funds from VA's Health
Services Improvement Fund subject to the provisions of the
appropriations acts.
Section 404 would extend the Native Americans Veteran Housing Loan
Pilot program to 2005.
Section 405 would modify the loan assumption notice requirement.
Section 406 would eliminate the need for a claimant to send a copy of
a notice of appeal to the Secretary. Removal of this notice requirement
would not impair VA's ability to receive notice of the filing of an
appeal and to respond to those who are properly filed with the court.
Finally, section 407 would establish a 2-year nationwide pilot
program requiring the Secretary to expand the available hours of the
VA's 1-800 toll-free information service and to assess the extent to
which demands for such service exists. This pilot would provide
information on veterans benefits and services administered by all
Federal departments and agencies.
I would like to thank the gentleman from Louisiana (Mr. Baker) and
his staff for working with the subcommittee on this provision, along
with the gentlewoman from California (Mrs. Capps) for her testimony
that she submitted at the subcommittee's July 10 hearing.
Mr. Speaker, I also want to thank a real gentleman, the gentleman
from Texas (Mr. Reyes), the ranking member of the Subcommittee on
Benefits, for his support and counsel in my first few weeks as chairman
of this subcommittee.
Lastly, we would not be considering this bill if it were not for the
wisdom and foresight of the gentleman from New Jersey (Mr. Smith),
chairman of the full committee, and the ranking member, the gentleman
from Illinois (Mr. Evans). These two gentlemen have served together on
the Committee on Veterans' Affairs for some 20 years, and I appreciate
their leadership.
Mr. Speaker, H.R. 2540 is a strong bill; and I urge my colleagues
support of it.
Mr. EVANS. Mr. Speaker, I yield 5 minutes to the gentleman from Texas
(Mr. Reyes).
Mr. REYES. Mr. Speaker, I thank the gentleman for yielding me this
time.
As an original cosponsor and strong supporter of H.R. 2540, the
Veterans Benefits Act of 2001, I am pleased that we are moving forward
to assure a cost of living increase for our Nation's disabled veterans
and their families, and the other benefits provided in this legislation
as well. The sooner the benefits provided in this bill can be enacted
into law, I believe the better.
I want to acknowledge the cooperation of our chairman and ranking
member, the gentleman from New Jersey (Mr. Smith) and the gentleman
from Illinois (Mr. Evans), as well as our new subcommittee chair, the
gentleman from Idaho (Mr. Simpson), in moving this bill forward. I
appreciate their commitment and leadership to the benefits accorded to
our veterans.
I want to highlight the provisions addressing the needs of Gulf War
veterans. A new report of the Institute of Medicine acknowledges that
symptoms experienced by Gulf War veterans have a significant degree of
overlap with symptoms of patients diagnosed with conditions such as
fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome.
When legislation was originally passed to provide service-connected
compensation benefits to our Nation's Gulf War veterans, it was the
intent of Congress that those who were experiencing these symptoms,
such as fatigue, joint pain, and others noted in the recent IOM report,
would be compensated. Unfortunately, VA's General Counsel ruled that
only veterans whose symptoms did not carry a diagnostic label would be
compensated. Currently, VA's ability to receive compensation depends on
the happenstance of whether or not the examining physician attributes a
diagnostic label to the symptoms. This is unfair to our Nation's
veterans and must be changed.
The Gulf War provisions of H.R. 2540 place the emphasis where it was
originally intended by focusing on the symptoms experienced by Gulf War
veterans rather than a particular label which may be attributed to
them. The term chronic multi-symptom illness is intended to include
veterans who experience more than one symptom lasting at least 6
months. It is my understanding that thousands of Gulf War veterans have
had claims denied because their symptoms were attributed to a diagnosis
of chronic fatigue syndrome. Most of these war veterans would be
eligible for benefits provided by this bill as of April 1, 2002.
I deeply regret that the large tax cut recently signed into law
leaves no funds available to make this provision effective any sooner.
I would prefer that this bill provide those benefits and be effective
as of November 2, 1994, when the original law was passed.
{time} 1245
Nonetheless, I recognize that under the financial constraints that we
must now live with, there is no money to provide for an earlier
effective date. Sick Gulf War veterans deserve the compensation
provided by this bill.
Mr. Speaker, I would also like to state that I support the manager's
amendment extending until December 31, 2003, the period in which Gulf
War veterans may manifest symptoms qualifying for compensation as an
undiagnosed illness. The measure before us moves us towards the goal of
meeting the needs of our sick Gulf War veterans in a responsible
manner.
Again, I want to thank the chairman, the ranking member and the chair
of the Subcommittee on Benefits for their leadership and their vision
to our Nation's veterans.
H.R. 2540 is a good bill and I urge all the Members to support it.
Mr. SMITH of New Jersey. Mr. Speaker, because of great interest and
the number of speakers on H.R. 2540, I ask unanimous consent that we
have an additional 10 minutes equally divided between the majority and
minority.
The SPEAKER pro tempore (Mr. Ryan of Wisconsin). Is there objection
to the request of the gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the
gentleman from Indiana (Mr. Buyer).
Mr. BUYER. Mr. Speaker, I rise in strong support of the Veterans
Benefits Act of 2001. I also wish to extend my compliments to the
chairman, the gentleman from New Jersey (Mr. Smith) and the gentleman
from Illinois (Mr. Evans); also the gentleman from Idaho (Mr. Simpson)
and the gentleman from Texas (Mr. Reyes) and also recognition to my
Gulf War comrade, the gentleman from Nevada (Mr. Gibbons).
I am especially pleased with the compensation provision for Vietnam
and Gulf War veterans. For too long the Vietnam veterans have been
waiting for VA to recognize illnesses like diabetes melitus for
compensation and pension benefits.
I also clearly recall as a freshman in this Chamber in the 103rd
Congress, it having only been a few months since I returned from the
Persian Gulf, having to fight for my colleagues just to receive their
medical attention as a result of military service.
[[Page H4903]]
The concerns and appreciation of the country for their service was
real, but the medical science to link causation to service in the Gulf
War was severely lacking.
In 1994, I recall Joe Kennedy and the gentleman from Illinois (Mr.
Evans) and myself introducing something very radical. It was called
compensation for an undiagnosed illness. As we were downsizing the
military, we wanted to make sure that these Gulf War veterans received
their medical attention, yet they were also in economic dire straits.
So we also wanted to make sure their families were taken care of as we
then focused and put millions of dollars into medical research to press
the bounds of science.
The VA then struggled with our initiatives. What they then learned
was, simply put, that the VA over the last several years has narrowly
interpreted congressional intent to provide for sick veterans with
disability compensation that they so dearly earned and should receive.
The VA failed to consider illnesses like fibromyalgia, chronic
fatigue syndrome, and chronic multisymptom illnesses and other
illnesses that cannot be clearly defined as having been attributed to
service in the Persian Gulf.
I am especially pleased that this bill will include a list of
symptoms that the VA must recognize as being a manifestation of an
undiagnosed illness.
This bill will help clarify Congress's intent with regards to the
benefits of sick Persian Gulf War veterans. I fully support this bill
and look forward to referring the measure to the Senate.
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the Chair and the ranking member for
bringing us H.R. 2540, the Veterans Benefit Act. I would like to
briefly call attention to another provision which will provide fairness
for our Nation's veterans.
The VA currently holds about 4,000 national life insurance and U.S.
Government life insurance policies valued at about $23 million on which
payment has not been made. Why is this? Because the VA has been unable
to locate the person identified as the beneficiary following the death
of the veteran.
I introduced recently a bill, H.R. 2222, regarding this problem, and
I am pleased that this provision to permit the VA to pay an alternate
beneficiary, if the primary beneficiary cannot be located within 3
years of the death of the insured veteran, has been included in H.R.
2540. I know this provision will benefit the families of many, many,
many veterans.
I also support the expanded definition which will allow Gulf War
veterans to obtain service-connected compensation for chronic
multisymptom illnesses such as chronic fatigue syndrome.
Like the gentleman from Texas (Mr. Reyes) before me, I am upset that
the provisions must be delayed until April 1, 2002. Once again, the
reason for this is because this Congress enacted a tax plan first,
before the budget. So we have to live within the context of a budget
which was greatly restricted and restrained to us. So having spent this
surplus, we are unable to promptly pay our debt to our Nation's Gulf
War veterans. I find this deplorable, but we are under these
congressional rules.
Of course, because this bill improves benefits for our veterans, I
urge my colleagues to vote for H.R. 2540. I thank the chairman for
another strong bill.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Manzullo).
Mr. MANZULLO. Mr. Speaker, 10 years ago a patriot from Freeport,
Illinois, named Dan Steele went off to war in Iraq to fight for the
American people and protect the freedoms this country has known for
more than 200 years.
During the buildup in the Gulf, Dan's leg was fractured by an Iraqi
soldier's apparent suicide attack. Over the next 8 years, Dan suffered
from various conditions shared by many in the Gulf War.
In May of 1999, Dan succumbed to his illnesses and passed away. The
county coroner listed ``Gulf War Syndrome'' as a secondary cause on his
death certificate.
Shortly after Dan's funeral, I dispatched Al Pennimen, a retired
judge on my staff, to contact his widow, Donna. She vowed to Dan to do
whatever she could to help other Gulf War veterans suffering from
mysterious ailments. Her story moved me to introduce legislation, H.R.
612, that now has the support of over 225 Members of Congress. A
companion bill has been introduced in the Senate by Senator Kay Bailey
Hutchinson. I am pleased to announce that significant portions of H.R.
612 are included in this benefits package today.
I thank the gentleman from New Jersey (Mr. Smith) and members of the
Committee on Veterans Affairs for strengthening the part of the bill
that provides enhanced benefits for ailing Gulf War veterans. These
provisions will allow more sick veterans to qualify for compensation by
expanding the list of eligible illnesses, adding strong report language
on multiple chemical sensitivity, codifying 13 possible symptoms, and
extending by 2 years the time period during which these symptoms may
arise.
Mr. Speaker, I urge my colleagues to vote in favor of H.R. 2540. It
goes a long way towards fulfilling the promises we have made to our
veterans.
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Shows).
Mr. SHOWS. Mr. Speaker, I am proud to be a member of the Committee on
Veterans Affairs and to show my strong support for H.R. 2540, the
Veterans Benefits Act of 2001. This important legislation will take
meaningful action to improve benefits our Nation's veterans have
earned. As my colleagues know, we have been concerned about the
appalling 75 percent rate at which Gulf War veterans suffering from
undiagnosed illnesses have been denied compensation from the VA.
Earlier this year, I introduced H.R. 612, the Persian Gulf War
Compensation Act of 2001 with two other outstanding advocates for
veterans, the gentleman from Illinois (Mr. Manzullo) and the gentleman
from California (Mr. Gallegly). This legislation garnered strong
bipartisan support from over 225 Members of Congress. I am pleased to
say that the gentleman from New Jersey (Mr. Smith), the gentleman from
Illinois (Mr. Evans) and my fellow subcommittee members helped us on
some provisions in this bill that are key to provisions in H.R. 612.
The Veterans Benefit Act of 2001 will now clarify VA standards for
compensation by recognizing fibromyalgia, chronic fatigue syndrome,
multiple chemical sensitivity, and other ailments, or poorly defined
illnesses associated with Gulf War service.
Additionally, this bill extends the presumptive period for
undiagnosed illnesses to December 31, 2003. This is a true victory for
the veteran.
Mr. Speaker, these veterans put their lives on the line to protect,
defend and advance ideals of democracy, and our American way of life by
serving the United States military. They answered the call. We have a
duty to answer them. Vote for this bill. It is the right thing to do.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Baker).
Mr. BAKER. Mr. Speaker, all too often we pick up the telephone and
dial a 1-800 number or dial a business enterprise and we are, by
computer, referenced from department to department to department, and
often are not even able to communicate with another human being to get
an answer to our very simple question.
Most of us see that simply as an aggravation, but when it happens to
a veteran of military service when calling on his country to have a
question answered, it is an insult. That is why I am grateful for the
inclusion of a pilot program for 2 years which makes an effort to have
a 1-800 veterans number. Amazingly, we will have a human being on the
end of that phone. It is a long overdue service, and I think we should
explore the potentials. It may be fraught with difficulty and difficult
to perfect, but there is one thing that is for sure: The veterans who
have given to this country are at least deserving of respectful
treatment.
Mr. Speaker, I thank my colleagues for taking this step towards what
I think is an appropriate action for the veterans of our country.
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Rodriguez).
[[Page H4904]]
Mr. RODRIGUEZ. Mr. Speaker, while we have a long way to go, the
Veterans Benefit Act is a step in the right direction. The compensation
legislation before us would streamline the rating system of certain
service-connected illnesses, as well as provide a cost-of-living
adjustment to those receiving disability compensation benefits.
As a member of the committee, I am proud to join the bipartisan
efforts to improve the quality and deliver the veterans benefits
program. Veterans should not be left wondering if the Federal
Government is going to fulfill its promise. Those who have received
service-connected disability benefits can expect a cost-of-living
benefit. So can their survivors. For Vietnam veterans who were exposed
to Agent Orange and now suffer from diabetes, the Veterans Benefit Act
acknowledges their entitlement to service-connected disabilities
benefits.
In addition, Gulf War veterans suffering from ill-defined illnesses
which modern medical technology cannot really diagnose, the Veterans
Benefit Act will likewise extend the presumption of service
connections. Veterans who suffer from disabilities should not be
abandoned and their disabilities should not be ignored simply because
doctors cannot diagnose the causes.
Finally, I am supportive of a 2-year nationwide pilot program to
include in the bill expansion of the availability of hours of the VA 1-
800 toll-free information service. Veterans worked around the clock for
us, and they deserve for us to do the same for them. Our freedoms did
not come free, and for veterans the physical and psychological wounds
of the war do not go away.
I want to take this opportunity to thank the gentleman from New
Jersey (Mr. Smith) for his hard work, and that of my distinguished
colleague, the gentleman from Illinois (Mr. Evans), the ranking member.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Mississippi (Mr. Pickering), who carries on the
tradition of our former chairman, Mr. Montgomery.
Mr. PICKERING. Mr. Speaker, I rise in strong support of H.R. 2540,
the Veterans Benefit Act. Today we have 250,000 veterans in
Mississippi; 54,000 are World War II veterans, 77,000 are Vietnam
veterans, 39,000 served in Korea, and 33,000 are Gulf War vets. This
bill provides them compensation benefits and COLA.
It recognizes the 33,000 Gulf War veterans and gives them an
extension of the presumptive period to recognize the mysterious
illnesses that they returned with, and provides them we hope with the
care they have so richly earned.
It provides for a great new pilot program to provide information, as
the gentleman from Louisiana (Mr. Baker) mentioned, a voice-to-voice, a
person-to-person providing the care they need to get the care they
deserve.
Mr. Speaker, I want to commend the gentleman from New Jersey (Mr.
Smith) for his leadership. He has been aggressive and assertive in
representing veterans across this country and in my State of
Mississippi.
Secretary Principi has done a tremendous job. We are making progress
because we know to recruit and retain the young people today in our
military force, we must show the care and the commitment, the respect
and the appreciation to the veterans who served yesterday.
This bill, along with H.R. 1291, the Montgomery GI bill, is a
significant step in the right direction, and for that I give great
support and commendation to the committee and to the chairman and to
the other Members and to this bill.
{time} 1300
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Capps).
(Mrs. CAPPS asked and was given permission to revise and extend her
remarks.)
Mrs. CAPPS. Mr. Speaker, I rise in strong support of this bill. I
want to thank the gentleman from New Jersey (Mr. Smith) and the
gentleman from Illinois (Mr. Evans) for their leadership on this
important legislation.
I wish to highlight a couple of provisions contained in H.R. 2540
that I have worked on for some time. The first provision would end a
Catch-22 faced by vets and VA researchers. Currently vets can lose
benefits for an ``undiagnosed illness'' if participation in a VA study
determines the illness and it is not service connected. This issue was
brought to my attention last year. VA researchers told me of concerns
that some vets might not participate in an ongoing study to look at
possible connections between Gulf War service and Lou Gehrig's disease.
I learned that some vets feared losing needed benefits by participating
in the study. This lack of participation could compromise an important
study that could benefit vets and all people suffering from Lou
Gehrig's disease. H.R. 2540 fixes this problem by letting VA protect
compensation in such cases. This provision is based on a bill the
gentleman from Illinois (Mr. Evans) and I introduced earlier this year.
H.R. 2540 also contains provisions to temporarily expand hours for
VA's toll-free information lines to at least 12 hours a day Monday
through Friday and 6 hours on Saturday. I have a lot of interest in
this subject having introduced legislation for the last 2 years which
would operate information lines 24 hours a day, 7 days a week. My bill
would also get the information line to include crisis intervention
services. I am very pleased that the committee has included provisions
to keep this information line open longer hours. It will make it easier
for vets to get information on the benefits that they have earned. I
look forward to working with the committee as we follow up on this
important pilot program.
I urge my colleagues to support this bill.
Mr. Speaker, I rise today in strong support of H.R. 2540, the
Veterans Benefits act of 2001. As an original cosponsor, I am proud to
speak on behalf of this important legislation.
First, I would like to thank Mr. Simpson, the Chairman of the
Subcommittee on Benefits and Mr. Reyes, the Ranking Member for their
excellent leadership on the issue of improving services for our
nation's veterans. I would also like to commend Mr. Smith, Chairman of
the full Committee and Mr. Evans, the Ranking Member for their
leadership.
This bill offers several important initiatives to improve the lives
of our veterans. I am especially pleased about the inclusion of the
provisions in Sec. 203 and Sec. 407. I am pleased to have worked
closely with the Subcommittee on these two critical areas.
Sec. 203 would eliminate a classic ``Catch-22'' situation faced by
our veterans and the VA in medical research studies and is based on
legislation, H.R. 1406, the Gulf War Undiagnosed Illness Act of 2001,
Representative Evans and I introduced earlier this year. Under the
current scenario, veterans who are being compensated on the basis of an
``undiagnosed illness'' and who participate in a VA-sponsored medical
research study, could lose their benefits if they are ``diagnosed''
with a non-service related condition during the course of the study.
Last year, VA personnel told me about their concerns that if veterans
declined to participate in a study because of the risk of losing
benefits, the data may be insufficient and render the study unusable.
These concerns were raised in connection with a study being done last
year to determine a possible connection between ALS and service in the
Gulf War.
This legislation would give the VA the authority to protect
compensation for undiagnosed illnesses when the VA determines that such
protection is needed to ensure adequate participation by veterans in
VA-sponsored medical research. This guarantee is particularly important
for research that requires a high level of participation to achieve
valid findings. I would again like to commend Ranking Member Evans for
his leadership in this area.
Sec. 407 of this bill establishes a pilot program at the VA to expand
access to veterans benefits counselors. Under the bill, the hours would
be expanded to no less than 12 hours a day, Monday through Friday and
no less than six hours on Saturday. This expansion of access is
essential to provide our veterans with the services that they richly
deserve.
I am proud to have authored H.R. 1435, the Veterans Emergency
Telephone Service Act of 2001. This bill would address the pressing
need of some of our nation's veterans for 24 hour access to crisis
intervention services.
By virtue of their service and sacrifice on behalf of this nation,
our veterans deserve the very best support services we can provide.
Such moments don't always occur during business hours, Monday through
Friday. The bill before us takes critical steps to fulfill our
obligation to our veterans.
I look forward to continuing to work closely with the Committee on
ways in which veterans' access to telephone service can be improved and
expanded even more in its hours of availability and the services
offered. I strongly urge an aye vote on H.R. 2540.
[[Page H4905]]
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from New York (Mr. Gilman), the chairman
emeritus of the Committee on International Relations.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me this
time. I am pleased to rise today in strong support of H.R. 2540, the
Veterans Benefits Act of 2001. I ask our colleagues to join in full
support of this important legislation.
Mr. Speaker, the House typically passes a general veterans benefits
bill each year. H.R. 2540 represents this year's benefit legislation
providing several important improvements to existing programs. I want
to thank the distinguished gentleman from New Jersey (Mr. Smith) for
all the good work he is doing for our veterans throughout the country.
First, this bill provides for the annual cost-of-living adjustment to
the rates of disability compensation for those veterans with service-
connected disabilities. This new rate will go into effect in December
of this year. Congress has approved an annual cost-of-living adjustment
to these veterans and survivors since 1976.
Second, this legislation adds type II diabetes to the list of
diseases presumed to be service connected in Vietnam veterans exposed
to herbicide agents. It also greatly extends the definition of
undiagnosed illnesses for Persian Gulf War veterans and authorizes the
Secretary of Veterans Affairs to protect the grant of service
connection of Gulf War veterans who participate in VA-sponsored medical
research projects. These are long overdue benefits. It also extends the
presumptive period for providing compensation to Persian Gulf veterans
with undiagnosed illnesses to December 31, 2003.
Mr. Speaker, many of our veterans from the Vietnam and Gulf Wars went
years suffering from undiagnosed ailments while receiving neither
recognition nor treatment from the veterans health care system. During
the past 10 years, the Congress made great strides in recognizing the
special circumstances surrounding the post-service experiences of these
veterans. This bill is an extension of that process. For that reason, I
urge its adoption by the House. I want to thank the gentleman from New
Jersey again for his dedicated service to the veterans of our Nation.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I would like to laud my colleagues on
both sides of the aisle. Veterans issues are very important. Both sides
of the aisle support this bill very well. But every once in a while we
have got people that just cannot stop themselves from partisan shots,
and they need to be answered.
The gentleman from California said there is not enough money for
veterans because we spent the surplus in tax relief. First of all,
surplus is defined as the amount of money above what it needs to run
the Government with a 4 to 6 percent increase. That is what this
committee has done.
Secondly, the 124 deployments, $200 billion cost destroying our
military and our ability to fund things like the veterans, $200 billion
under the peacekeeping deployments of Bill Clinton. Recently, the
ranking minority member says, ``Well, this is a good step but we have
got a long way to go.'' The gentleman from Missouri, the minority
leader, recently said that raising taxes in 1993, he was proud of it
when the Democrats had control of the White House, the House and the
Senate, and he would do it again.
I think it is right to point out what those taxes were. The first
part of those taxes were to cut the COLAs of the veterans. The second
part was to cut the COLAs of the military. That is the wrong direction.
The third was to increase the tax on the middle class which affected
military and the veterans. The fourth was to increase taxes on Social
Security and then take every dime out of the Social Security Trust Fund
which raises the debt which veterans and military have to pay for.
So yes, I think we are going in the right direction. We do have a
long way to go. Let us analyze what is the reason why we do not have
the dollars to put forward that we really need. We have had 124
deployments taxing our veterans and our military. That is why I laud
both sides of the aisle now for increasing those funds.
Mr. BILIRAKIS. Mr. Speaker, as an original sponsor, I rise in strong
support of H.R. 2540, the Veterans' Benefits Act of 2001.
One of the most important bills the Congress approves each year is
legislation providing disabled veterans an annual cost-of-living
adjustment (COLA). H.R. 2540 provides a COLA, effective December 1,
2001, to disabled veterans and the surviving spouses of veterans who
are receiving Dependency and Indemnity Compensation (DIC). As in
previous years, these deserving men and women will receive the same
COLA that Social Security recipients will receive. I am pleased that we
are acting to provide disabled veterans and their survivors with an
annual COLA.
The bill makes a number of other benefits improvements, including the
addition of Diabetes Mellitus (Type 2) to the list of diseases presumed
to be service-connected in Vietnam veterans exposed to herbicide
agents. The bill also requires the Secretary of Veterans' Affairs to
establish a two-year nationwide pilot program to expand the VA's 1-800
toll-free information service to include information on all federal
veterans' benefits and veterans' benefits administered by each state.
The legislation also contains provisions affecting compensation for
Persian Gulf veterans. Specifically, the bill expands the definition of
undiagnosed illnesses for Persian Gulf veterans to include
fibromyalgia, chronic fatigue syndrome and chronic multi-symptom
illness for the statutory presumption of service-connection. The
legislation also extends the presumptive period for Persian Gulf
illnesses, which is scheduled to expire at the end of this year, until
December 31, 2003.
When Veterans' Affairs Committee considered H.R. 2540, Members of the
Committee had some concerns about the provisions pertaining to Persian
Gulf veterans. I was pleased that we were able to sit down and work out
these differences so the House could proceed with this important
legislation.
I urge my colleagues to support the Veterans' Benefits Act of 2001.
Mr. GALLEGLY. Mr. Speaker, I rise in support of the Veterans Benefits
Act of 2001, a measure that will improve veterans' benefits, especially
for our veterans who became ill as a result of their service in the
Gulf War.
Mr. Speaker, I am pleased to say that the Veterans Benefits Act of
2001 contains many important provisions from H.R. 612--the Persian Gulf
War Illness Compensation Act--which I introduced with my colleagues
Congressmen Don Manzullo and Ronnie Shows.
Since the end of the Gulf War, the Veterans Administration has denied
nearly 80 percent of all sick Gulf War veterans' claims for
compensation. In the view of many, including the National Gulf War
Resource Center, the Veterans' Administration has employed too strict a
standard for diagnosing Gulf War Illness.
In response, the Veterans Benefits Act includes a critical two-year
extension for Gulf War veterans to report and be compensated for Gulf
War Illness. In addition, the bill includes a comprehensive list of
symptoms that constitute Gulf War Illness. The measure also expands the
definition of undiagnosed illness to include fibromyalgia and chronic
fatigue syndrome as diseases that are compensatible, diseases often
mistakenly attributed to Gulf War veterans.
I want to personally thank Chairman Smith and the members of the
Veterans' Affairs Committee in working with me and Congressmen Manzullo
and Shows in getting this critical language included in this bill. When
we move into conference, I hope that we continue to work to strengthen
some of these provisions, including further extending the date of Gulf
War veteran can be compensated for Gulf War related symptoms.
As one of the original cosponsors of the 1991 resolution to authorize
then-President Bush to use force in the Persian Gulf, I believe we must
go the extra mile to take care of the men and women who went to war
against Iraqi dictator Saddam Hussein and are now suffering from these
unexplained and devastating ailments.
Many of those suffering from Gulf War Illness were Reservists and
National Guardsmen uprooted from their families and jobs. They answered
the call, and we have a duty to help them. I urge my colleagues to vote
for this important measure.
Mr. UDALL of New Mexico. Mr. Speaker, I strongly support H.R. 2540,
the Veterans Benefits Act of 2001.
This legislation provides an important annual cost-of-living
adjustment for disabled veterans, as well as surviving spouses of
veteran's who receive dependency and indemnity compensation. H.R. 2540
also makes a number of important changes to improve insurance,
compensation, and housing programs for our nation's veterans.
[[Page H4906]]
I want to thank Chairman Smith, Ranking Member Evans, and my
colleagues on the Veterans' Affairs Committee for supporting the
inclusion of provisions from H.R. 1929, the Native American Veterans
Home Loan Act of 2001, in H.R. 2540. Ranking Member Evans, fourteen
other Members and I introduced H.R. 1929 on May 21st of this year to
extend the Native American Veterans Home Loan Pilot Program for another
four years, and expedite the process of obtaining VA home loans for
Native American Veterans living on tribal and trust lands. This program
helps many Native Americans Veterans who might otherwise be unable to
obtain suitable housing. Including the important provisions of H.R.
1929 in H.R. 2540 will allow other Native American Veterans to take
advantage of this important program.
The Native American Veterans Home Loan Pilot Program, however, is
just one of many VA benefits improved through H.R. 2540. I ask my
colleagues to join me in support of these important benefit
enhancements for the men and women who have sacrificed so much in
defense of liberty and democracy.
Mr. EVANS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I thank all of my colleagues
for their participation in this debate in helping to craft what I think
is a very worthwhile bill.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Ryan of Wisconsin). The question is on
the motion offered by the gentleman from New Jersey (Mr. Smith) that
the House suspend the rules and pass the bill, H.R. 2540, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SMITH of New Jersey. Mr. 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.
____________________