[Congressional Record Volume 153, Number 85 (Wednesday, May 23, 2007)]
[House]
[Pages H5662-H5664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      RETURNING SERVICEMEMBER VA HEALTHCARE INSURANCE ACT OF 2007

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 612) to amend title 38, United States Code, to extend the 
period of eligibility for health care for combat service in the Persian 
Gulf War or future hostilities from two years to five years after 
discharge or release, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 612

       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 ``Returning Servicemember VA 
     Healthcare Insurance Act of 2007''.

     SEC. 2. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE 
                   FOR COMBAT SERVICE IN THE PERSIAN GULF WAR OR 
                   FUTURE HOSTILITIES.

       Subparagraph (C) of section 1710(e)(3) of title 38, United 
     States Code, is amended to read as follows:
       ``(C) in the case of care for a veteran described in 
     paragraph (1)(D) who--
       ``(i) is discharged or released from the active military, 
     naval, or air service after the date that is five years 
     before the date of the enactment of the Returning 
     Servicemember VA Healthcare Insurance Act of 2007, after a 
     period of five years beginning on the date of such discharge 
     or release; or
       ``(ii) is so discharged or released more than five years 
     before the date of the enactment of the Returning 
     Servicemember VA Healthcare Insurance Act of 2007 and who did 
     not enroll in the patient enrollment system under section 
     1705 of this title before such date, after a period of three 
     years beginning on the date of the enactment of such Act; 
     and''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, not all of the returning veterans from the OEF/OIF 
suffer from obvious wounds. Those who suffer from an external injury 
are readily identified and receive immediate care for that injury. 
However, many of our returning veterans, and on this I include, Mr. 
Speaker, Guard and Reserve units who have been ordered to combat, are 
coming back with injuries that are not external. They are hidden wounds 
of the war, such as post-traumatic stress disorder, PTSD, forms of 
brain injury, which may not be evident without further diagnosis, which 
may not be evident to the soldier or to the doctor looking at him.
  Unlike the physical wounds, mental wounds are not easily identified 
and may go undetected. PTSD is a mental health condition that is 
triggered by a traumatic event which causes an intense fear and/or 
helplessness. Some of the symptoms for this condition include 
reexperiencing the trauma through nightmares, obsessive thoughts, 
flashbacks. We know that this condition may not reveal itself for many 
months or maybe for years after experiencing the event.
  We listened to veterans, veteran service organizations, family 
members, and we heard them say that their returning veterans needed 
more time to access the VA health care system when they came home from 
war.
  Conditions like PTSD and traumatic brain injury are the driving force 
behind this bill, the Returning Servicemember VA Healthcare Insurance 
Act of 2007. It extends from 2 years to 5 years following discharge or 
release the eligibility period for veterans. And, as I said, we include 
Guard and Reserve units all those who served in combat during or after 
the Persian Gulf War are eligible to receive hospital care,

[[Page H5663]]

medical services, or nursing home care provided by the Secretary of 
Veterans Affairs. It provides for an additional 3 years of eligibility 
for veterans discharged more than 5 years before the enactment of this 
act who may not have enrolled in the VA health care system.
  This system is recognized throughout the country, and indeed the 
world, as providing safe quality health care to our veterans. Two years 
was simply not enough time for returning OEF/OIF veterans to utilize 
this very important benefit. We are fixing that with this piece of 
legislation. It is a bill that will have a profound effect most 
immediately on our veterans returning from war. I urge my colleagues to 
support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BUYER. Mr. Speaker, I yield 2 minutes to the gentlelady from 
Florida (Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I thank the ranking 
member and certainly the chairman of the Veterans Committee.
  I rise today in support of H.R. 612, the Returning Servicemember VA 
Health Care Insurance Act. This measure provides much needed expansion 
to the availability of VA health care to certain American soldiers 
returning from combat. Currently these individuals only have 2 years in 
which they can access medical services at the VA. Unfortunately, 
conditions associated with service in a combat theater can sometimes 
take longer to manifest themselves. In response, the measure provides a 
5-year window of health care for our veterans.
  I urge my colleagues to support this important legislation. Many of 
the young men and women in our Armed Forces have been away from their 
loved ones for very long periods of time. During this time, they have 
endured harsh conditions and tremendous physical and mental strains. 
The very least that Congress can do is to give these brave individuals 
3 additional years of health care. I think it is the right thing to do, 
and I know that both the ranking member as well as the chairman fully 
support this effort to extend the health care for the additional time. 
I think it is a good public policy.

                              {time}  1530

  Mr. FILNER. Mr. Speaker, I have no further speakers, and I reserve 
the balance of my time.
  Mr. BUYER. Mr. Speaker, I'd like to thank the chairman for amending 
this legislation to address my concern that, as originally drafted, the 
bill did not provide equity for those veterans whose eligibility period 
would have expired prior to the enactment of this bill.
  At my request, the bill was amended to make sure that those veterans 
whose eligibility period had ended prior to the enactment and did not 
enroll in the VA health care would be eligible for an additional 3 
years of VA health care services. All veterans who served in combat 
should receive the same level of care, and I appreciate the chairman 
for adopting and agreeing to this amendment.
  In 1993, Congress enacted Public Law 103-210 to amend title 38, 
United States Code, to provide additional authority for the Secretary 
of Veterans Affairs to provide health care for veterans of the Persian 
Gulf War.
  The special health care authority allowed VA to treat those veterans 
who served in combat operations in the Persian Gulf for possible war-
related illnesses, even though there was not definitive evidence that 
the disorders treated were related to wartime service.
  Subsequent congressional hearings on Persian Gulf veterans health 
care highlighted the importance of early intervention in treating the 
kind of unexplained health problems experienced by many Persian Gulf 
war veterans.
  In 1998, with the potential of renewed combat in the Persian Gulf, 
Public Law 105-368, the Veterans Programs Enhancement Act of 1998, was 
enacted. This law authorizes the VA to provide medical care and other 
medical services to combat veterans for a period of 2 years following 
the service separation date for veterans who served on active duty in 
theater of combat operations during a period of war after the Persian 
Gulf War, or in combat against a hostile force during a period of 
hostilities after November 11 of 1998. Members of the National Guard 
and Reserves may be eligible for this care if they meet certain 
requirements which essentially satisfy the definition of a ``veteran.''
  The experience of the 1990s taught us the importance of both 
increasing understanding of war-related illnesses generally, and 
ensuring that the VA is better prepared to treat veterans of future 
wars and military combat.
  I would also, at this moment, like to thank my colleague, Mr. Salazar 
of Colorado, who shared with me his statement that he gave honoring the 
life of a great American, Raymond Gerald Murphy. And I had an 
opportunity to read his statement that he read into the Congressional 
Record, and I appreciate him honoring such an American. My only regret 
is that I never had an opportunity to meet someone like this. And I'm 
sure that he touched the lives of many, many people.
  And so I suppose where we are, Mr. Speaker, is that with regard to 
how we recognize this Medal of Honor recipient by naming the hospital 
after him, the Veterans' Affairs Committee has specific criteria that 
we are to go by. And when you look at the specific criteria, we satisfy 
all the criteria. He's a Medal of Honor recipient. He has letters of 
support from all the veterans groups in the State of New Mexico, all of 
the recognized organizations, I have their letters here, Mr. Speaker, 
I'll be more than happy to get them to you, along with the support of 
the Governor, all the Members of Congress, and we should be able to get 
this done. There's no reason why we shouldn't.
  So here we have a situation whereby the committee has specific 
criteria for the naming of a VA hospital. This Medal of Honor recipient 
clearly applies. It passed the Senate. Yet we don't have criteria, as 
the chairman just spoke on the last bill, with regard to the naming of 
a cemetery. Yet we did it just for a political reason. And so now it's 
difficult for me to figure out how to follow the leadership of the 
chairman.
  We don't have criteria, but we take action on the floor. But where we 
do have criteria, we don't take action on the floor. So it is a 
puzzling moment that we have in how we are bringing these veterans 
bills to the floor.
  Mr. Speaker, I yield back the balance of my time.
  Mr. FILNER. Mr. Speaker, I want to thank the ranking member for his 
helpful amendment to this bill. As I said earlier, this is a very 
important bill to thousands and thousands of returning veterans. They 
have basically unfettered access to one of the best health care systems 
in the world without going through a lot of red tape, without going 
through a lot of paperwork to prove that they are eligible. They will 
have 5 years.
  And it is most important for our Reserve and Guard units, who are not 
eligible for the benefit structure of the VA system. They are not 
eligible for most of the benefits of the GI bill. And we are trying to 
make an effort to bring them in under the VA benefits under what we 
call ``total force structure.''
  So this bill is important to thousands of people, those that are 
coming back from the Marines or Army and those that are in the Guard 
and Reserve units. All of them now will have 5 years where these hidden 
injuries, brain injury, or post-traumatic stress disorder may become 
evident, and they may seek help. Now they will be able to do it without 
any of the bureaucratic entanglements. And I think this will have a 
remarkable impact on the lives of our Nation's veterans.
  And I will tell you, as George Washington said more than 200 years 
ago, ``The morale of our fighting troops is dependent, most of all, on 
how they feel they're going to be treated when they come home.'' When 
they know they will have 5 years to come to the VA, they will know that 
a Nation is caring for them and is responsive to their needs.
  Mr. HALL of New York. Mr. Speaker, I often say that the opportunity 
to serve on Veterans' Affairs Committee is one of the greatest 
privileges I have been given in my short time in Congress. The action 
on the floor of the House today is another reminder of how it is truly 
an honor to serve on this Committee. Earlier this afternoon the House 
passed several pieces of legislation to improve outreach and care to 
our nation's veterans.

[[Page H5664]]

  Memorial Day is the day for Americans to officially honor the heroes 
who have fallen in service to our country, and a day to pray for and 
remember the brave souls who have given the ultimate sacrifice. We are 
the beneficiaries of those who serve and who have served to preserve 
the peace and freedom we enjoy.
  As a nation, we honor the bravery of those who have fought and died 
for our country and recognize the tremendous sacrifices they and their 
families have made. But to truly honor these heroes it is our duty as a 
grateful nation to not just spend the day remembering their service, 
but to provide the promised support and benefits to the soldiers and 
veterans who served with and followed them. These bills help provide 
that support.
  H.R. 67, the Veterans Outreach Improvement Act, creates a grant 
program to allow the VA to partner with State and county veteran 
organizations to reach out to veterans and their families to ensure 
they are aware of their eligibility for benefits.
  This bipartisan bill also increases acountability in spending 
taxpayer dollars by requiring reports on how the grants in this program 
have been used to improve outreach. I am proud to be a cosponsor of 
this bill and am pleased it has passed the House.
  H.R. 612 is an extremely important piece of legislation. This bill 
will extend access to VA Healthcare for Iraq and Afghanistan veterans 
from two years to five years. This is vital to the health of our 
veterans returning from Iraq because of the nature of Traumatic Brain 
Injury and Post Traumatic Stress Disorder.
  In some cases, TBI and PTSD symptoms do not emerge until several 
years after the injury occurred. With the current freeze on Category 8 
veteran enrollment in VA healthcare, this means that some OIF/OEF will 
realize they suffered a brain injury while deployed but be locked out 
of the system.
  They might not have health insurance to cover their treatment, and 
will not have crucial medical documents that will help them receive 
disability benefits.
  By expanding their eligibility for 3 additional years, Congress is 
acting to limit the damage done by the President's Category 8 veterans 
enrollment freeze. I was proud to also cosponsor this legislation.
  Another extremely important bill to our Iraq and Afghanistan veterans 
is H.R. 2199, the Traumatic Brain Injury Health Enhancement and Long 
Term Support Act.
  TBI is the signature injury of the war in Iraq and this bill vastly 
improves the VA's ability to provide care for brain injury.
  This bill requires the VA to establish a program to screen veterans 
for TBI and establish a program of long term care for acute TBI 
victims.
  Currently, of the nearly 1,300 VA health care facilities in the 
United States, only 4 have specialized TBI programs. This bill allows 
the VA to partner with private facilities to provide treatment the VA 
cannot immediately provide.
  It also establishes centers of research and a national database so we 
can better understand the causes and symptoms of TBI. Hopefully, this 
will allow us to better treat victims in the future. This bill contains 
provisions of H.R. 1944, a bill I originally cosponsored.
  H.R. 1470 expands chiropractic care to all VA facilities throughout 
the country by 2011. During a subcommittee hearing on returning Iraq 
and Afghanistan veterans, several OIF veterans suggested that back 
injuries will be a long term problem for this generation of veterans. 
This bill will help the VA better prepare for this new wave of 
patients.
  I am proud that these bills passed the House today and that I could 
support their passage.
  Congress has a responsibility to live up to our promises to our 
veterans. Today was another down payment on fulfilling these promises.
  Through my role on the Veterans Affairs Committee, I pledge to 
continue to push for legislation that will improve services for our 
veterans and treat them with the respect they have worked so hard to 
earn.
  Mr. SPACE. Mr. Speaker, I rise today in support of H.R. 612, the 
Returning Servicemember VA Healthcare Insurance Act.
  This bill extends the eligibility period for receipt of VA hospital 
care, medical services, and nursing home care for veterans who served 
in combat during--or after--the Persian Gulf War.
  Currently, the eligibility period for these VA services is two years. 
This bill lengthens that two year time frame to five years from a 
veteran's date of discharge or release from service.
  As we learn more and more about what are increasingly being referred 
to as the signature wounds of Operation Iraqi Freedom and Operation 
Enduring Freedom--Traumatic Brain Injury and Post Traumatic Stress 
Disorder--I believe that this extension of VA care is essential to this 
Congress' mission to provide comprehensive care to our nation's heroes.
  Often, a servicemember's battle scars run deeper than what is visible 
to an outsider. While many bodily injuries sustained are apparent to 
the naked eye, TBI, PTSD, and other conditions are not easily observed. 
Diagnosis of these conditions may require lengthy, detailed evaluations 
by specialists over the course of time. Furthermore, some psychological 
disorders take months or even years to develop following a 
servicemember's release from duty. Some chronic physical conditions 
also take time to peak and subsequently diagnose.
  By extending eligibility to VA care to five years, we are helping to 
ensure that fewer physical and mental wounds go undiagnosed and 
untreated. We are helping to ensure that the care that veterans seek 
out and receive is more complete by enabling the VA to address more of 
servicemembers' health needs. Most importantly, we are offering another 
way to better care for our nation's wounded warriors who have 
sacrificed the best years of their lives.
  I urge my colleagues to support H.R. 612 because it is an improvement 
upon the current system.


                             General Leave

  Mr. FILNER. I would ask, Mr. Speaker, unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 612, as amended.
  The SPEAKER pro tempore (Mr. Perlmutter). Is there objection to the 
request of the gentleman from California?
  There was no objection.
  Mr. FILNER. Mr. Speaker, I urge my colleagues to unanimously support 
this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 612, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FILNER. 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 question will 
be postponed.

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