[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.
                                 ______
                                 
      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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