[Congressional Record Volume 148, Number 47 (Wednesday, April 24, 2002)]
[Senate]
[Pages S3305-S3306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 2237. A bill to amend title 38, United States Code, to enhance 
compensation for veterans with hearing loss, and for other purposes; to 
the Committee on Veterans' Affairs.
  Mr. ROCKEFELLER. Madam President, today I introduce legislation on 
behalf of American veterans whose hearing loss may have resulted from 
their military service. The Veterans Hearing Loss Compensation Act of 
2002 would accomplish two goals: first, it would correct a long-
standing inequity in compensating veterans for service-related hearing 
loss. Second, it would direct VA, with input from outside experts, to 
determine whether service in certain military occupations can be 
presumed to be associated with hearing loss.
  Currently, section 1160 of title 38, United States Code, directs VA 
to extend special consideration when evaluating veterans' service-
connected disabilities in ``paired organs or extremities,'' such as 
eyes, kidneys, or hands. If there is damage to both organs, even if 
only one resulted from military service, the disability of the non-
service-connected organ may be considered.
  For all listed disabilities except hearing loss, the law requires 
only ``loss'' or ``loss of use,'' whereas ``total deafness'' is 
required in rating hearing loss. If hearing loss in either ear is 
anything less than total, VA cannot even consider the loss in the non-
service-connected ear. Section 2 of this bill would remove this 
requirement for total hearing loss in either ear, allowing VA to 
consider the effect of any non-service-connected disability when rating 
hearing loss.
  Section 3 of this bill would require VA to contract with an 
independent scientific organization, such as the National Academy of 
Sciences, to review scientific evidence on occupational hearing loss, 
particularly acoustic trauma experienced during military service. This 
legislation would also require VA to review its own claims and record 
of medical treatment for hearing loss or tinnitus in veterans. Through 
these two avenues, VA should be better able to determine objectively 
whether service in certain military specialties might be associated 
with an increased risk of hearing loss later in life.
  Once the outside scientific authority reports to VA, the Secretary 
would be required to determine whether the evidence warrants presuming 
an association between certain military occupations and hearing loss or 
tinnitus. If VA finds sufficient evidence linking noise exposure in 
these occupations to veterans' later hearing loss, the Secretary would 
be required to develop regulations for providing disability benefits to 
these veterans; if VA determines that no presumptive service-connection 
is appropriate, the Secretary would be required to publish this 
determination and report to Congress on the basis of that decision.
  With the aging of the veterans population, the number of claims for 
hearing loss or tinnitus continues to climb. VA faces difficulties in 
determining whether certain veterans can attribute their hearing loss 
to damage suffered decades ago during military service, especially as 
many veterans received no appropriate hearing evaluation at discharge.
  I realize that the proposed process is not an immediate fix, but it 
should provide VA, Congress, and veterans with a solid basis for 
tackling this difficult problem. I urge my colleagues to join me in 
supporting this important piece of legislation.
  I request that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2237

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Hearing Loss 
     Compensation Act of 2002''.

     SEC. 2. COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS.

       (a) Hearing Loss Required for Compensation.--Section 
     1160(a)(3) of title 38, United

[[Page S3306]]

     States Code, is amended by striking ``total'' both places it 
     appears.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     SEC. 3. AUTHORITY FOR PRESUMPTION OF SERVICE-CONNECTION FOR 
                   HEARING LOSS ASSOCIATED WITH PARTICULAR 
                   MILITARY OCCUPATIONAL SPECIALTIES.

       (a) In General.--(1) Subchapter II of chapter 11 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1119. Presumption of service connection for hearing 
       loss associated with particular military occupational 
       specialties

       ``(a) For purposes of section 1110 of this title, and 
     subject to section 1113 of this title, hearing loss, 
     tinnitus, or both of a veteran who while on active military, 
     naval, or air service was assigned to a military occupational 
     specialty or equivalent described in subsection (b) shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of evidence 
     of such hearing loss or tinnitus, as the case may be, during 
     the period of such service.
       ``(b) A military occupational specialty or equivalent 
     referred to in subsection (a) is a military occupational 
     specialty or equivalent, if any, that the Secretary 
     determines in regulations prescribed under this section in 
     which individuals assigned to such military occupational 
     specialty or equivalent in the active military, naval, or air 
     service are or were likely to be exposed to a sufficiently 
     high level of acoustic trauma as to result in permanent 
     hearing loss, tinnitus, or both.
       ``(c) In making determinations for purposes of subsection 
     (b), the Secretary shall take into account the report 
     submitted to the Secretary by the National Academy of 
     Sciences under section 3(c) of the Veterans Hearing Loss 
     Compensation Act of 2002.
       ``(d)(1) Not later than 60 days after the date on which the 
     Secretary receives the report referred to in subsection (c), 
     the Secretary shall determine whether or not a presumption of 
     service connection for hearing loss, tinnitus, or both is 
     warranted for the hearing loss, tinnitus, or both, as the 
     case may be, of individuals assigned to each military 
     occupational specialty or equivalent identified by the 
     National Academy of Sciences in such report as a military 
     occupational specialty or equivalent in which individuals are 
     or were likely to be exposed to a sufficiently high level of 
     acoustic trauma as to result in permanent hearing loss, 
     tinnitus, or both to a degree which would be compensable as a 
     service-connected disability under the laws administered by 
     the Secretary.
       ``(2) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is warranted with respect 
     to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination, issue proposed regulations setting 
     forth the Secretary's determination.
       ``(3) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is not warranted with 
     respect to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination--
       ``(A) publish the determination in the Federal Register; 
     and
       ``(B) submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     determination, including a justification for the 
     determination.
       ``(e) Any regulations issued under subsection (d)(2) shall 
     take effect on the date provided for in such regulations. No 
     benefit may be paid under this section for any month that 
     begins before that date.''.
       (2) The table of sections at the beginning of chapter 11 of 
     that title is amended by inserting after the item relating to 
     section 1118 the following new item:

``1119. Presumption of service connection for hearing loss associated 
              with particular military occupational specialties.''.

       (b) Presumption Rebuttable.--Section 1113 of title 38, 
     United States Code, is amended by striking ``or 1118'' each 
     place it appears and inserting ``1118, or 1119''.
       (c) Assessment of Acoustic Trauma Associated With Various 
     Military Occupational Specialties.--(1) The Secretary of 
     Veterans Affairs shall seek to enter into an agreement with 
     the National Academy of Sciences, or another appropriate 
     scientific organization, for the Academy to perform the 
     activities specified in this subsection. The Secretary shall 
     seek to enter into the agreement not later than 60 days after 
     the date of the enactment of this Act.
       (2) Under the agreement under paragraph (1), the National 
     Academy of Sciences shall--
       (A) review and assess available data on occupational 
     hearing loss;
       (B) from such data, identify the forms of acoustic trauma 
     that, if experienced by individuals in the active military, 
     naval, or air service, could cause or contribute to hearing 
     loss, hearing threshold shift, or tinnitus in such 
     individuals;
       (C) in the case of each form of acoustic trauma identified 
     under subparagraph (B)--
       (i) determine how much exposure to such form or acoustic 
     trauma is required to cause or contribute to hearing loss, 
     hearing threshold shift, or tinnitus, as the case may be, and 
     at what noise level; and
       (ii) determine whether or not such hearing loss, hearing 
     threshold shift, or tinnitus, as the case may be, is--
       (I) immediate or delayed onset;
       (II) cumulative;
       (III) progressive; or
       (IV) any combination of subclauses (I) through (III);
       (D) review and assess the completeness and accuracy of data 
     of the Department of Veterans Affairs and the Department of 
     Defense on hearing threshold shift in individuals who were 
     discharged or released from service in the Armed Forces 
     during the period beginning on December 7, 1941, and ending 
     on the date of the enactment of this Act upon their discharge 
     or release from such service; and
       (E) identify each military occupational specialty or 
     equivalent, if any, in which individuals assigned to such 
     military occupational specialty or equivalent in the active 
     military, naval, or air service are or were likely to be 
     exposed to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary of 
     Veterans Affairs.
       (3) Not later than 180 days after the date of the entry 
     into the agreement referred to in paragraph (1), the National 
     Academy of Sciences shall submit to the Secretary a report on 
     the activities of the National Academy of Sciences under the 
     agreement, including the results of the activities required 
     by subparagraphs (A) through (F) of paragraph (2).
       (d) Report on Administration of Benefits for Hearing Loss 
     and Tinnitus.--(1) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     claims submitted to the Secretary for disability compensation 
     or health care for hearing loss or tinnitus.
       (2) The report under paragraph (1) shall include the 
     following:
       (A) The number of claims submitted to the Secretary in each 
     of 1999, 2000, and 2001 for disability compensation for 
     hearing loss, tinnitus, or both.
       (B) Of the claims referred to in subparagraph (A)--
       (i) the number of claims for which disability compensation 
     was awarded, set forth by year;
       (ii) the number of claims assigned each disability rating; 
     and
       (iii) the total amount of disability compensation paid on 
     such claims during such years.
       (C) The total cost to the Department of adjudicating the 
     claims referred to in subparagraph (A), set forth in terms of 
     full-time employee equivalents (FTEEs).
       (D) The total number of veterans who sought treatment in 
     Department of Veterans Affairs health facilities care in each 
     of 1999, 2000, and 2001 for hearing-related disorders, set 
     forth by--
       (i) the number of veterans per year; and
       (ii) the military occupational specialties or equivalents 
     of such veterans during their active military, naval, or air 
     service.
       (E) The health care furnished to veterans referred to in 
     subparagraph (D) for hearing-related disorders, including the 
     number of veterans furnished hearing aids and the cost of 
     furnishing such hearing aids.
                                 ______