[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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