[Congressional Record Volume 159, Number 51 (Tuesday, April 16, 2013)]
[Senate]
[Pages S2686-S2687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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By Mr. SANDERS:
S. 735. A bill to amend title 38, United States Code, to improve
benefits and assistance provided to surviving spouses of veterans under
laws administered by the Secretary of Veterans Affairs, and for other
purposes; to the Committee on Veterans' Affairs.
Mr. SANDERS. Mr. President, as the Chairman of the Veterans' Affairs
Committee, one of my top priorities is to honor the promise that we
made, as a nation, to care for veterans and their survivors. The Senate
recently passed a resolution, which I was proud to co-sponsor,
designating April 5 as ``Gold Star Wives Day,'' in honor of the Gold
Star Wives of America, a nonprofit organization that provides services,
support, and representation for widows and widowers whose spouses died
on active duty in the military or as a result of a service-connected
disability. We recently celebrated ``Gold Star Wives Day,'' by
recognizing the sacrifices of the families of fallen servicemembers and
veterans.
In addition to honoring surviving spouses and families, we must take
steps forward to provide the comprehensive care and benefits they need.
Without a doubt, a decade of war has had a major impact on our military
families. Over 6,600 U.S. servicemembers have died in Operations Iraqi
Freedom and Enduring Freedom. They leave behind spouses, who must now
face a variety of issues such as financial difficulties, preserving the
family home, maintaining the family business, and caring for their
children.
Earlier this year, the Veterans' Affairs Committee heard from the
Gold Star Wives of America about the significant challenges that
survivors continue to face. Among the issues the organization advocated
for were improved Dependency and Indemnity Compensation benefits and
qualification requirements. These are some of the challenges that this
legislation would address.
This legislation would improve existing survivor benefits and
establish a new pilot program to help address the grief counseling
needs of surviving spouses. It would also expand health care and other
supportive services to children who suffer from spina bifida as a
result of their parent's exposure to certain herbicide agents during
service in Thailand during the Vietnam War. This legislation would make
a real and positive impact in the lives of the approximately 350,000
surviving spouses and children, currently receiving benefits, who have
lost a loved one as a result of service to this country.
The Survivor Benefits Improvement Act of 2013 would extend the
timeframe for increased DIC benefits for surviving spouses with
children from 2 years to 5 years. A 2001 evaluation of benefits for
survivors of veterans with service-connected disabilities revealed that
survivors with dependents perceived an approximate $6,000 annual gap
between DIC received and DIC needed. The study also found that the
average total household income decreased over $20,000 on average during
the transition period after the veteran's death. As a result of this
study, it was recommended that the $250 monthly increase in DIC payment
be extended from two years to five years for surviving spouses with
dependent children. It has now been over a decade since the 2001 report
and we still have not provided this increase.
Furthermore, a recent survey from the Department of Veterans Affairs
indicated that approximately 44 percent of surviving spouse respondents
had incomes below $20,000. It is clear that this legislation is
necessary to provide much needed additional support to survivors during
the period following a veteran's death, especially for low-income
families. We must act to remedy this shortfall immediately.
This legislation would also expand eligibility for DIC to surviving
spouses who remarry at or after age 55. The lower remarriage age would
ensure that surviving spouses receive benefits at a requirement level
comparable to other federal survivor programs. For example, under the
Military Survivor Benefit Plan and for federal employees generally, the
remarriage age is 55 for retaining benefits.
At present, VA presumes that spina bifida in biological children of
certain Vietnam-era and certain Korea service veterans was caused by
the veterans' exposure to Agent Orange during military service. As a
result, VA provides health care, vocational rehabilitation and
employment services, and a monthly monetary allowance to qualifying
children. Although Agent Orange was primarily used in Vietnam, it was
also used at military installations and other facilities, such as those
in Korea and Thailand. Veterans who served in certain occupations at
certain bases in Thailand are eligible to receive service-connected
disability compensation. Therefore, it is only logical that VA should
also be required to provide benefits to the children of veterans with
qualifying service in Thailand, who are suffering from spina bifida.
The loss of a loved one is a devastating and life changing event.
This legislation would strengthen our dedication to the overall well-
being of surviving spouses by providing a pilot program on grief
counseling in retreat settings. The program would enable surviving
spouses, and dependents in certain instances, to receive the
counseling, support, and sense of community necessary to heal from
losing a loved one.
We have made a steadfast and unwavering commitment not only to our
veterans, but to their surviving spouses and children. This legislation
would strengthen, develop, and expand essential programs and benefits
for survivors. Veterans and their families, who have both sacrificed so
much for this country, deserve these benefits. We must deliver.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 735
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 ``Survivor Benefits
Improvement Act of 2013''.
SEC. 2. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY
AND INDEMNITY COMPENSATION FOR SURVIVING
SPOUSES WITH CHILDREN.
Section 1311(f)(2) of title 38, United States Code, is
amended by striking ``two-year'' and inserting ``five-year''.
SEC. 3. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY
COMPENSATION, HEALTH CARE, AND HOUSING LOANS
FOR SURVIVING SPOUSES WHO REMARRY AFTER AGE 55.
Subparagraph (B) of section 103(d)(2) of title 38, United
States Code, is amended to read as follows:
``(B) The remarriage after age 55 of the surviving spouse
of a veteran shall not bar the furnishing of benefits
specified in paragraph (5) to such person as the surviving
spouse of the veteran.''.
SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE
VETERANS BORN WITH SPINA BIFIDA.
(a) In General.--Subchapter III of chapter 18 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1822. Benefits for children of certain Thailand
service veterans born with spina bifida
``(a) Benefits Authorized.--The Secretary may provide to
any child of a veteran of covered service in Thailand who is
suffering from spina bifida the health care, vocational
training and rehabilitation, and monetary allowance required
to be paid to a child of a Vietnam veteran who is suffering
from spina bifida under subchapter I of this chapter as if
such child of a veteran of covered service in Thailand were a
child of a Vietnam veteran who is suffering from spina bifida
under such subchapter.
``(b) Spina Bifida Conditions Covered.--This section
applies with respect to all forms and manifestations of spina
bifida, except spina bifida occulta.
``(c) Veteran of Covered Service in Thailand.--For purposes
of this section, a veteran of covered service in Thailand is
any individual, without regard to the characterization of
that individual's service, who--
``(1) served in the active military, naval, or air service
in Thailand, as determined by the Secretary in consultation
with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in Thailand.
``(d) Herbicide Agent.--For purposes of this section, the
term `herbicide agent' means a chemical in a herbicide used
in support of United States and allied military operations in
Thailand, as determined by the
[[Page S2687]]
Secretary in consultation with the Secretary of Defense,
during the period beginning on January 9, 1962, and ending on
May 7, 1975.''.
(b) Clerical Amendments.--
(1) Subchapter heading.--The heading for subchapter III of
chapter 18 of such title is amended by inserting ``AND
THAILAND'' after ``KOREA''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended--
(A) by striking the item relating to subchapter III and
inserting the following new item:
``subchapter iii--children of certain korea and thailand service
veterans born with spina bifida''; and
(B) by inserting after the item relating to section 1821
the following new item:
``1822. Benefits for children of certain Thailand service veterans born
with spina bifida.''.
SEC. 5. PILOT PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS
FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE
SERVING ON ACTIVE DUTY IN THE ARMED FORCES.
(a) Pilot Program Required.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a
pilot program to assess the feasibility and advisability of
providing grief counseling services described in subsection
(b) in group retreat settings to surviving spouses of
veterans who die while serving on active duty in the Armed
Forces.
(2) Participation at election of surviving spouse.--The
participation of a surviving spouse in the pilot program
under this section shall be at the election of the surviving
spouse.
(b) Covered Services.--The services provided to a surviving
spouse under the pilot program shall include the following:
(1) Information and counseling on coping with grief.
(2) Information about benefits and services available to
surviving spouses under laws administered by the Secretary.
(3) Such other information and counseling as the Secretary
considers appropriate to assist a surviving spouse under the
pilot program with adjusting to the death of a spouse.
(c) Locations.--The Secretary shall carry out the pilot
program at not fewer than six locations as follows:
(1) Three locations at which surviving spouses with
dependent children are encouraged to bring their children.
(2) Three locations at which surviving spouses with
dependent children are not encouraged to bring their
children.
(d) Duration.--The pilot program shall be carried out
during the two-year period beginning on the date of the
commencement of the pilot program.
(e) Reports.--
(1) In general.--Not later than 180 days after the
completion of the first year of the pilot program and not
later than 180 days after the completion of the pilot
program, the Secretary shall submit to Congress a report on
the pilot program.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the findings and conclusions of the Secretary
as a result of the pilot program, and shall include such
recommendations for the continuation or expansion of the
pilot program as the Secretary considers appropriate.
(f) Definitions.--In this section, the terms ``active
duty'', ``surviving spouse'', and ``veteran'' have the
meanings given such terms in section 101 of title 38, United
States Code.
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By Mr. ROCKEFELLER (for himself, Mr. Nelson, Ms. Baldwin, Mr.
Blumenthal, Mrs. Boxer, Mr. Brown, Mr. Durbin, Mr. Franken, Mr.
King, Ms. Klobuchar, Mr. Leahy, Mr. Merkley, Mr. Reed, Mr.
Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Stabenow, Mr. Udall of
New Mexico, and Mr. Whitehouse):
S. 740. A bill to amend title XVIII of the Social Security Act to
require drug manufacturers to provide drug rebates for drugs dispensed
to low-income individuals under the Medicare prescription drug benefit
program; to the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce the
Medicare Drug Savings Act of 2013. I am proud to be joined by my long-
time partner in this effort, Senator Bill Nelson, as well as my
colleagues Senator Tammy Baldwin of Wisconsin, Senator Richard
Blumenthal of Connecticut, Senate Barbara Boxer of California, Senator
Sherrod Brown of Ohio, Senator Richard Durbin of Illinois, Senator Al
Franken of Minnesota, Senator Angus King of Maine, Senator Amy
Klobuchar of Minnesota, Senator Patrick Leahy of Vermont, Senator Jeff
Merkley of Oregon, Senator Jack Reed of Rhode Island, Senator Bernie
Sanders of Vermont, Senator Brian Schatz of Hawaii, Senator Jeanne
Shaheen of New Hampshire, Senator Debbie Stabenow of Michigan, Senator
Tom Udall of New Mexico and Senator Sheldon Whitehouse of Rhode Island,
in introducing this important piece of legislation.
We need to responsibly reduce our deficit, but taking away health
care for seniors and other vulnerable people should be off the table.
Rather than dismantling Medicare and Medicaid, we can save billions of
dollars by holding drug companies accountable and using the purchasing
power of the federal government to negotiate lower drug prices, just
the way any private insurance plan would use its purchasing power to
lower prices.
That is why we are introducing the Medicare Drug Savings Act. The
bill will eliminate a special deal from the 2003 Medicare prescription
drug law that allows drug companies to charge Medicare higher prices
for some seniors' prescription drugs. It would require prescription
drug manufacturers to pay rebates to Medicare for dually eligible
beneficiaries in Medicare and Medicaid as well as other low-income
Medicare beneficiaries. This proposal would reduce the deficit, saving
taxpayers an estimated $141.2 billion over the next 10 years, according
to the Congressional Budget Office. Similar proposals were also
included in the recommendations from the President's Commission on
Fiscal Responsibility and Reform, the President's framework for deficit
reduction and the President's budget for fiscal year 2014.
Prior to the creation of the Medicare prescription drug program,
brand-name drug manufacturers paid a drug rebate for dually eligible
beneficiaries in Medicare and Medicaid. However, when the new Medicare
drug program was established, drug companies no longer had to provide
these rebates, resulting in windfall profits for prescription drug
manufacturers, at taxpayers' expense.
The Medicare Drug Savings Act would require prescription drug
manufacturers to pay the difference between the lowest current rebates
they are paying to private Part D drug plans, and the percentage of
Average Manufacture Price, AMP, they currently pay under Medicaid, plus
an additional rebate if their prices grow faster than inflation. They
would be required to participate in the rebate program in order for
their drugs to be covered by Medicare Part D.
I urge my colleagues to support this bill. In doing so, we will
protect Medicare for seniors, and end a giveaway to drug companies that
is costing taxpayers billions of dollars.
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