[Congressional Record Volume 150, Number 95 (Monday, July 12, 2004)]
[Senate]
[Pages S7939-S7940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S. 2638. A bill to amend title 38, United States Code, to require an 
annual plan on outreach activities of the Department of Veterans 
Affairs, and for other purposes; to the Committee on Veterans' Affairs.
  Mr. COLEMAN. Mr. President, today I have introduced the Veterans 
Benefits Outreach Act.
  Caring for our veterans is a commitment that supersedes politics. The 
President and Congress are united in our promise to provide veterans 
with access to quality care and benefits.
  Spending for veterans medical care has doubled since 1993. President 
Bush's budget for the VA increased by 9 percent in fiscal year 2002, 13 
percent in 2003 and another 4 percent in 2004. We in the Senate passed 
a budget resolution calling for another 5 percent increase next year. 
We have begun giving veterans concurrent receipt of their disability 
and retirement benefits, and are working to fix the survivor benefit 
plan.
  But what good are these benefits if people don't know they can apply 
for them? According to an article that ran on the front page of the St. 
Paul Pioneer Press today entitled: ``Wounded and Forgotten,'' there are 
an estimated half a million veterans who are eligible for Federal 
disability payments but are not receiving them--simply because they 
don't know that they can.
  We need to do a better job of educating veterans about their rights. 
To this end, my legislation calls for the Veterans Administration to 
develop a strategy each year to reach out to veterans who are not 
taking advantage of the programs they're eligible for--to give them a 
chance to make an informed decision about the benefits America has 
promised them.
  In addition to veterans who are not getting their benefits because 
they are unaware of them, there are some veterans who know they are 
eligible but have been turned away because of lost documents. You see, 
in 1973, the National Personnel Records Center in Missouri caught on 
fire, destroying thousands of veterans' personnel records.
  The law already calls for the VA to give veterans the benefit of the 
doubt when they are missing documents that had been destroyed in the 
fire. But it is clear that in practice this is simply not the case. Too 
many veterans get nothing more than a postcard telling them their case 
cannot be proven because of the destruction of their records three 
decades ago.
  It is simply unconscionable that these veterans should have to suffer 
because their records were ruined while in the custody of the 
government. To deal with this problem, my legislation also directs the 
VA to set up an appeals process for those whose applications are 
rejected because of documents lost in that fire.
  My legislation is about going the extra mile to do the right thing. 
These are not hand-outs, these are not new entitlement programs--these 
are benefits prescribed under the law for people who have already 
qualified for them by serving their country. We must do whatever it 
takes to give America's veterans the benefits we promised them.
  I ask unanimous consent 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. 2638

       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 Benefits Outreach 
     Act of 2004''.

     SEC. 2. ANNUAL PLAN ON OUTREACH ACTIVITIES.

       (a) Annual Plan Required.--Subchapter II of chapter 5 of 
     title 38, United States Code, is amended by inserting after 
     section 523 the following new section:

     ``Sec. 523A. Annual plan on outreach activities

       ``(a) Annual Plan Required.--The Secretary shall prepare 
     each year a plan for the outreach activities of the 
     Department for the following year.
       ``(b) Elements.--Each annual plan under subsection (a) 
     shall include the following:
       ``(1) Plans for efforts to identify veterans who are not 
     enrolled or registered with the Department for benefits or 
     services under the programs administered by the Secretary.
       ``(2) Plans for informing veterans and their dependents of 
     modifications of the benefits and services under the programs 
     administered by the Secretary, including eligibility for 
     medical and nursing care and services.
       ``(c) Coordination in Development.--In developing an annual 
     plan under subsection (a), the Secretary shall consult with 
     the following:
       ``(1) Directors or other appropriate officials of 
     organizations recognized by the Secretary under section 5902 
     of this title.
       ``(2) Directors or other appropriate officials of State and 
     local education and training programs.
       ``(3) Representatives of non-governmental organizations 
     that carry out veterans outreach programs.
       ``(4) Representatives of State and local veterans 
     employment organizations.
       ``(5) Businesses and professional organizations.
       ``(6) Other individuals and organizations that assist 
     veterans in adjusting to civilian life.
       ``(d) Incorporation of Assessment of Previous Annual 
     Plans.--In developing an annual plan under subsection (a), 
     the Secretary shall take into account the lessons learned 
     from the implementation of previous annual plans under such 
     subsection.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 523 the following new item:

``523A. Annual plan on outreach activities.''.

[[Page S7940]]

     SEC. 3. APPEAL OF CLAIMS DENIED BECAUSE OF LOSS OF RECORDS 
                   RESULTING FROM 1974 FIRE AT THE NATIONAL 
                   PERSONNEL RECORDS CENTER.

       The Secretary of Veterans Affairs shall develop and 
     implement procedures by which veterans may appeal claims 
     denied by the Secretary on the basis that records destroyed 
     in the 1974 fire at the National Personnel Records Center 
     could substantiate such claims.

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