[Congressional Record Volume 147, Number 171 (Tuesday, December 11, 2001)]
[House]
[Pages H9121-H9124]
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 
concur in the Senate amendments to 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.
  The Clerk read as follows:

       Senate amendments:
Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Compensation Rate Amendments of 2001''.
       (b) 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.

[[Page H9122]]

     SEC. 2. DISABILITY COMPENSATION.

       (a) Increase in Rates.--Section 1114 is amended--
       (1) by striking ``$98'' in subsection (a) and inserting 
     ``$103'';
       (2) by striking ``$188'' in subsection (b) and inserting 
     ``$199'';
       (3) by striking ``$288'' in subsection (c) and inserting 
     ``$306'';
       (4) by striking ``$413'' in subsection (d) and inserting 
     ``$439'';
       (5) by striking ``$589'' in subsection (e) and inserting 
     ``$625'';
       (6) by striking ``$743'' in subsection (f) and inserting 
     ``$790'';
       (7) by striking ``$937'' in subsection (g) and inserting 
     ``$995'';
       (8) by striking ``$1,087'' in subsection (h) and inserting 
     ``$1,155'';
       (9) by striking ``$1,224'' in subsection (i) and inserting 
     ``$1,299'';
       (10) by striking ``$2,036'' in subsection (j) and inserting 
     ``$2,163'';
       (11) in subsection (k)--
       (A) by striking ``$76'' both places it appears and 
     inserting ``$80''; and
       (B) by striking ``$2,533'' and ``$3,553'' and inserting 
     ``$2,691'' and ``$3,775'', respectively;
       (12) by striking ``$2,533'' in subsection (l) and inserting 
     ``$2,691'';
       (13) by striking ``$2,794'' in subsection (m) and inserting 
     ``$2,969'';
       (14) by striking ``$3,179'' in subsection (n) and inserting 
     ``$3,378'';
       (15) by striking ``$3,553'' each place it appears in 
     subsections (o) and (p) and inserting ``$3,775'';
       (16) by striking ``$1,525'' and ``$2,271'' in subsection 
     (r) and inserting ``$1,621'' and ``$2,413'', respectively; 
     and
       (17) by striking ``$2,280'' in subsection (s) and inserting 
     ``$2,422''.
       (b) Special Rule.--The Secretary of Veterans Affairs may 
     authorize administratively, consistent with the increases 
     authorized by this section, the rates of disability 
     compensation payable to persons within the purview of section 
     10 of Public Law 85-857 who are not in receipt of 
     compensation payable pursuant to chapter 11 of title 38, 
     United States Code.

     SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.

       Section 1115(1) is amended--
       (1) by striking ``$117'' in clause (A) and inserting 
     ``$124'';
       (2) by striking ``$201'' and ``$61'' in clause (B) and 
     inserting ``$213'' and ``$64'', respectively;
       (3) by striking ``$80'' and ``$61'' in clause (C) and 
     inserting ``$84'' and ``$64'', respectively;
       (4) by striking ``$95'' in clause (D) and inserting 
     ``$100'';
       (5) by striking ``$222'' in clause (E) and inserting 
     ``$234''; and
       (6) by striking ``$186'' in clause (F) and inserting 
     ``$196''.

     SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

       Section 1162 is amended by striking ``$546'' and inserting 
     ``$580''.

     SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
                   SPOUSES.

       (a) New Law Rates.--Section 1311(a) is amended--
       (1) by striking ``$881'' in paragraph (1) and inserting 
     ``$935''; and
       (2) by striking ``$191'' in paragraph (2) and inserting 
     ``$202''.
       (b) Old Law Rates.--The table in section 1311(a)(3) is 
     amended to read as follows:

                       Pay grade and monthly rate

E-1................................................................$935
E-2.................................................................935
E-3.................................................................935
E-4.................................................................935
E-5.................................................................935
E-6.................................................................935
E-7.................................................................967
E-8...............................................................1,021
E-9...........................................................1,066 \1\
W-1.................................................................988
W-2...............................................................1,028
W-3...............................................................1,058
W-4..............................................................$1,119
O-1.................................................................988
O-2...............................................................1,021
O-3...............................................................1,092
O-4...............................................................1,155
O-5...............................................................1,272
O-6...............................................................1,433
O-7...............................................................1,549
O-8...............................................................1,699
O-9...............................................................1,818
O-10..........................................................1,994 \2\
``\1\If the veteran served as Sergeant Major of the Army, Senior 
Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, 
Sergeant Major of the Marine Corps, or Master Chief Petty Officer of 
the Coast Guard, at the applicable time designated by section 1302 of 
this title, the surviving spouse's rate shall be $1,149.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint 
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, 
Chief of Staff of the Air Force, Commandant of the Marine Corps, or 
Commandant of the Coast Guard, at the applicable time designated by 
section 1302 of this title, the surviving spouse's rate shall be 
$2,139.''.
       (c) Additional DIC for Children.--Section 1311(b) is 
     amended by striking ``$222'' and inserting ``$234''.
       (d) Aid and Attendance Allowance.--Section 1311(c) is 
     amended by striking ``$222'' and inserting ``$234''.
       (e) Housebound Rate.--Section 1311(d) is amended by 
     striking ``$107'' and inserting ``$112''.

     SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

       (a) DIC for Orphan Children.--Section 1313(a) is amended--
       (1) by striking ``$373'' in paragraph (1) and inserting 
     ``$397'';
       (2) by striking ``$538'' in paragraph (2) and inserting 
     ``$571'';
       (3) by striking ``$699'' in paragraph (3) and inserting 
     ``$742''; and
       (4) by striking ``$699'' and ``$136'' in paragraph (4) and 
     inserting ``$742'' and ``$143'', respectively.
       (b) Supplemental DIC for Disabled Adult Children.--Section 
     1314 is amended--
       (1) by striking ``$222'' in subsection (a) and inserting 
     ``$234'';
       (2) by striking ``$373'' in subsection (b) and inserting 
     ``$397''; and
       (3) by striking ``$188'' in subsection (c) and inserting 
     ``$199''.

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on 
     December 1, 2001.
       Amend the title so as to read: ``An Act to amend title 38, 
     United States Code, to provide a cost-of-living adjustment in 
     the rates of disability compensation for veterans with 
     service-connected disabilities and the rates of dependency 
     and indemnity compensation for survivors of such veterans.''.

  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, H.R. 2540, the Veterans Compensation Rate Amendments of 
2001, is a clean bill providing a cost-of-living adjustment to disabled 
veterans and surviving spouses. Most of the changes to other benefit 
authorities that were part of the bill when it passed the House will be 
taken up as part of the compromise agreement to H.R. 1291.
  Upon enactment of this vital legislation, all veterans or qualified 
survivors of veterans who receive disability compensation payment will 
receive a 2.6 percent cost-of-living adjustment beginning on December 1 
of this year. This increase, which matches the Social Security COLA, 
will raise payments to disabled veterans by more than $400 million in 
the first year. In all, compensation payments will be increased by more 
than $2.5 billion over the next 5 years. For more than 170,000 veterans 
who are permanently and totally disabled, the average annual increase 
is $738.
  Mr. Speaker, I want to thank every Member who contributed to this 
bill. I especially want to thank the gentleman from Idaho (Mr. 
Simpson), who is the chairman of our Subcommittee on Benefits, and the 
gentleman from Texas (Mr. Reyes), who is the ranking member, for their 
excellent work on H.R. 2540.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2540, as amended. I 
again want to thank the gentleman from New Jersey for his leadership on 
this important legislation and for his continuing efforts on behalf of 
our Nation's veterans. I also want to thank the leaders of our 
Subcommittee on Benefits, the gentleman from Idaho and the gentleman 
from Texas, as well as the other members of this subcommittee, for 
their support of this important legislation. This measure deserves the 
support of every Member of this House.
  The importance of this bill cannot be overstated. It protects the 
purchasing power of disability benefits which our Nation's service-
connected veterans have earned by virtue of their military service and 
provides similar protection for the recipients of DIC payment for 
compensation.
  Under H.R. 2540, effective December 1 of this year, a cost-of-living 
adjustment will be provided for service-connected disability 
compensation and DIC benefits. The adjustment, 2.6 percent, will be the 
same as that provided to Social Security recipients. I call on every 
Member of this body to join the chairman of this committee in 
supporting this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from Texas 
(Mr. Reyes).
  Mr. REYES. Mr. Speaker, as an original cosponsor and strong supporter 
of H.R. 2540, the Veterans Compensation Rate Amendments of 2001, I am 
pleased

[[Page H9123]]

that we are moving forward to assure a cost-of-living increase for our 
Nation's disabled veterans and their families. Our Nation's veterans, 
their surviving spouses and dependents expect that their benefits will 
be increased to reflect changes in the cost of living. The effective 
date of this legislation, Mr. Speaker, is December 1, 2001, with 
receipt of the increase in benefits in 2002.
  Mr. Speaker, I would like to acknowledge the cooperation of the 
gentleman from New Jersey (Mr. Smith) and the gentleman from Illinois 
(Mr. Evans), as well as our Subcommittee on Benefits chairman, the 
gentleman from Idaho (Mr. Simpson), for bringing this important 
legislation before the House today.

                              {time}  1615

  H.R. 2540 is a good bill. I urge all Members to support it and to 
support our Nation's veterans and their families by providing them the 
necessary increases to their deserved benefits. These men and women 
place their lives on the line in the defense of our country and the 
national ideals of freedom and democracy. They deserve adequate 
benefits for their service. They deserve the kind of compensation that 
we can all be proud of.
  Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Rodriguez).
  Mr. RODRIGUEZ. Mr. Speaker, I am pleased that H.R. 2540 is before us, 
the Veterans Benefit Act, and that the President will soon have the 
opportunity to sign it into law.
  I would like to thank the chairman of the committee, the gentleman 
from New Jersey (Mr. Smith) for his efforts on this particular piece of 
legislation, and also my distinguished colleague, the gentleman from 
Illinois (Mr. Evans), the ranking member, for this bill.
  The legislation before us would provide a cost of living adjustment 
to those receiving disability compensation benefits for the year 2002. 
As a member of the committee, I am proud to join this bipartisan effort 
to improve the quality and delivery of veterans benefits programs. The 
veterans should not be left wondering if the Federal Government is 
going to fulfill their promises. I have heard too many stories from 
veterans in my district who do not receive sufficient benefits to meet 
their living expenses.
  H.R. 2540 would provide a cost of living increase for those who have 
received service-connected disability benefits, as well as their 
survivors. Veterans work around the clock for us. They deserve no less 
in return. For many of our veterans, the physical and psychological 
wounds of war do not go away.
  Today, men and women have answered the new call to action, carrying 
the banner of freedom into Afghanistan in search of those responsible 
for the horrifying attacks of September 11. When they return home, 
these brave sons and daughters need to know that we will be there for 
them should they suffer from debilitating conditions as a result of 
their military service.
  Mr. Speaker, I urge my colleagues to support this bill and vote for 
H.R. 2540.
  Mr. BUYER. Mr. Speaker, today we will consider several bills that 
were favorably reported by the Committee on Veterans Affairs, with my 
support, which will provide veterans with much needed assistance.
  The first bill, H.R. 2540, would provide veterans with a cost-of-
living adjustment (COLA) for veterans with a service-connected 
disability and for survivors of certain service-connected disabled 
veterans. This year's COLA is 2.6 percent and is effective December 1, 
2001. I can't think of any group that is more deserving of this 
increase in their benefits than those who have answered the call to 
defend our country's freedoms.
  I want to thank our Chairman Chris Smith, for his bold leadership in 
bringing the Homeless Veterans Comprehensive Assistance Act to this 
point. H.R. 2716, addresses many of the issues that homeless veterans 
are forced to confront on a daily basis such as how to obtain health 
care, housing, employment training and other benefits. This bill goes a 
long way to ensuring that our nation's homeless veterans will receive 
the assistance they need to turn their lives around by providing the 
necessary resources. It is shameful that one-third of our nation's 
homeless are Vietnam-era veterans. Veterans should not be forced to 
sleep on our streets or be warehoused in our nation's jails. That is 
why I am pleased to support passage of this important initiative.
  One of the most important benefits that we offer people who choose to 
serve their country is that in return we will provide them with 
education benefits. H.R. 1291, the Veterans Education and Benefits 
Expansion Act of 2001, makes several important improvements to our 
current programs. Passage of this legislation will increase the $650 
monthly benefit to $800 per month effective January of 2002. In October 
1 of 2002 that amount will increase to $900 per month, and effective 
October 1 of 2003, the monthly benefit will be $985. This should help 
those individuals who could not keep pace with the escalating cost of 
higher education. Again, I want to applaud our Chairman, Mr. Smith, for 
his outstanding work in making this one of the Committee's top 
priorities.
  H.R. 1291 also contains several other provisions including an 
expansion of the definition of illnesses for Gulf War veterans; 
offering additional assistance to disabled veterans by increasing 
specially adapted housing allowance for severally disabled veterans 
from $43,000 to $48,000 per year; increasing burial and funeral 
expenses for a service-connected veteran from $1,500 to $2,000; 
increasing the allowance for burial plots for eligible veterans to 
$300; and prohibits payments of veterans' benefits to fugitive felons.
  I urge my colleagues to support our veterans and vote for these three 
bills.
  Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 2540, 
the Veterans Benefits Act of 2001. I urge my colleagues to join in 
supporting this important legislation.
  Mr. Speaker, the House typically passes a general veterans benefits 
bill each year. H.R. 2450 represents this year's benefits legislation, 
providing several important improvements to existing programs.
  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, reflecting an increase of 2.6 
percent, will go into effect on December 1, 2001.
  Congress has approved an annual cost-of-living adjustment to our 
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. It further 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 ten years, the Congress made significant strides in 
recognizing the special circumstances surrounding the post service 
experiences of these veterans. This bill is an extension of this 
process, and for that reason, I urge its adoption by the House.
  Mrs. McCARTHY of New York. Mr. Speaker, I rise today in support of 
the Veterans health bill. Before coming to Congress, I spent 30 years 
as a nurse on Long Island, New York. And even now, I know that there 
isn't a better career in the world than nursing or better training for 
being a Member of Congress. The only difference is now I have a lot 
more patients.
  That's why I am particularly saddened when we talk about the nursing 
shortage--especially in our VA hospitals. Our veterans give their lives 
for our country and therefore deserve the best health care in the 
world. Unfortunately, like the rest of health care in this country, VA 
hospitals are experiencing a nursing shortage.
  As a nurse, I know the key to solving our nation's nursing shortage 
is recruiting and retaining nurses. And the best way to attract new 
students and keep good nurses is through education. Helping nursing 
students pay for their education or helping them to finish an advanced 
degree goes a long way in attracting those who want to help people to 
the nursing profession. That's why I am proud of this bill, it does 
just that. Through the Employee Incentive Scholarships and Education 
Debt Reduction Programs nursing students and nurses can choose to work 
for a VA hospital and receive financial assistance for their education.
  In addition, this bill requires the VA to develop a nationwide policy 
on staffing standards to ensure that veterans are provided with safe 
and high quality care, taking into consideration the numbers and skill 
mix required of staff in specific health care settings. We promised our 
Vets we would take care of them--let's keep that promise by improving 
their health care.
  We need to end the nursing shortage crisis across this country, but 
tonight I am honored to fight for our VA nurses as the first step.
  I urge all my colleagues to vote in favor of the Veteran's health 
bill.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in strong support 
of H.R. 2540, the

[[Page H9124]]

Veterans' Compensation Rate Amendments of 2001.
  I would first like to thank my colleagues on both sides of the aisle, 
and their staffs, who worked to bring this bill before the House for 
final passage.
  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. Under H.R. 
2540, the compensation rate is raised by 2.6 percent, the same 
percentage as the increase provided to Social Security recipients.
  As the cost living continues to rise, it is important that the well-
deserved benefits received by veterans and their families are not 
diminished as a result of inflationary costs.
  I urge my colleagues to join me in support of this legislation and 
ensure that the benefits for the men and women who served our nation 
keep up with the ever-increasing cost of living.
  Mrs. JOHNSON of Connecticut. Mr. Speaker, I rise today in support of 
the Veterans Benefits Act of 2001, specifically a provision in the 
legislation that ensures all veterans will be eligible for a 
government-furnished grave marker.
  I would like to thank the Chairman for his hard work and commitment 
to our Nation's veterans and I appreciate the willingness of the 
Chairman and the committee to include my veterans marker provision in 
the conference report. I would also like to thank the Chairman for 
accommodating my request in the Joint Explanatory Statement to 
encourage the Secretary of Veterans Affairs to consider pre-existing 
requests for markers.
  This legislation is essential to our veterans' futures, ensuring that 
their acts of heroism will be recognized beyond their lifetimes. This 
legislation remedies a glaring discrepancy in the law, ensuring that 
every veteran, regardless of whether their grave is privately marked, 
will be eligible for a government grave marker upon their death.
  Every single veteran deserves to be permanently recognized for their 
contribution to our nation. Every veterans family deserves solace in 
knowing their loved one will continue to receive the recognition they 
deserve.
  Mr. Speaker, I extend the heartfelt thanks from the veterans in my 
district.
  Mr. EVANS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Otter). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and concur in the Senate amendments to the bill, H.R. 
2540.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

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