[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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