[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 16048-16051]
[From the U.S. Government Publishing Office, www.gpo.gov]



                     VETERANS BENEFITS ACT OF 2000

  Mr. STUMP. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4850) to provide a cost-of-living adjustment in rates of 
compensation paid to veterans with service-connected disabilities, to 
enhance programs providing compensation and life insurance benefits for 
veterans, and for other purposes.
  The Clerk read as follows:

                               H.R. 4850

       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 Act of 
     2000''.

                 TITLE I--ANNUAL COMPENSATION INCREASE

     SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND 
                   DEPENDENCY AND INDEMNITY COMPENSATION.

       (a) Rate Adjustment.--The Secretary of Veterans Affairs 
     shall, effective on December 1, 2000, increase the dollar 
     amounts in effect for the payment of disability compensation 
     and dependency and indemnity compensation by the Secretary, 
     as specified in subsection (b).

[[Page 16049]]

       (b) Amounts To Be Increased.--The dollar amounts to be 
     increased pursuant to subsection (a) are the following:
       (1) Compensation.--Each of the dollar amounts in effect 
     under section 1114 of title 38, United States Code.
       (2) Additional compensation for dependents.--Each of the 
     dollar amounts in effect under sections 1115(1) of such 
     title.
       (3) Clothing allowance.--The dollar amount in effect under 
     section 1162 of such title.
       (4) New dic rates.--The dollar amounts in effect under 
     paragraphs (1) and (2) of section 1311(a) of such title.
       (5) Old dic rates.--Each of the dollar amounts in effect 
     under section 1311(a)(3) of such title.
       (6) Additional dic for surviving spouses with minor 
     children.--The dollar amount in effect under section 1311(b) 
     of such title.
       (7) Additional dic for disability.--The dollar amounts in 
     effect under sections 1311(c) and 1311(d) of such title.
       (8) DIC for dependent children.--The dollar amounts in 
     effect under sections 1313(a) and 1314 of such title.
       (c) Determination of Increase.--(1) The increase under 
     subsection (a) shall be made in the dollar amounts specified 
     in subsection (b) as in effect on November 30, 2000. Each 
     such amount shall be increased by the same percentage as the 
     percentage by which benefit amounts payable under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.) are increased 
     effective December 1, 2000, as a result of a determination 
     under section 215(i) of such Act (42 U.S.C. 415(i)).
       (2) In the computation of increased dollar amounts pursuant 
     to paragraph (1), any amount which as so computed is not a 
     whole dollar amount shall be rounded down to the next lower 
     whole dollar amount.
       (d) Special Rule.--The Secretary may adjust 
     administratively, consistent with the increases made under 
     subsection (a), the rates of disability compensation payable 
     to persons within the purview of section 10 of Public Law 85-
     857 (72 Stat. 1263) who are not in receipt of compensation 
     payable pursuant to chapter 11 of title 38, United States 
     Code.

     SEC. 102. PUBLICATION OF ADJUSTED RATES.

       At the same time as the matters specified in section 
     215(i)(2)(D) of the Social Security Act (42 U.S.C. 
     415(i)(2)(D)) are required to be published by reason of a 
     determination made under section 215(i) of such Act during 
     fiscal year 2000, the Secretary of Veterans Affairs shall 
     publish in the Federal Register the amounts specified in 
     subsection (b) of section 101, as increased pursuant to that 
     section.

                    TITLE II--BENEFITS IMPROVEMENTS

     SEC. 201. STROKES AND HEART ATTACKS INCURRED OR AGGRAVATED BY 
                   MEMBERS OF RESERVE COMPONENTS IN THE 
                   PERFORMANCE OF DUTY WHILE PERFORMING INACTIVE 
                   DUTY TRAINING TO BE CONSIDERED TO BE SERVICE-
                   CONNECTED.

       (a) Scope of Term ``Active Military, Naval, or Air 
     Service''.--Section 101(24) of title 38, United States Code, 
     is amended to read as follows:
       ``(24) The term ``active military, naval, or air service'' 
     includes--
       ``(A) active duty;
       ``(B) any period of active duty for training during which 
     the individual concerned was disabled or died from a disease 
     or injury incurred or aggravated in line of duty; and
       ``(C) any period of inactive duty training during which the 
     individual concerned was disabled or died--
       ``(i) from an injury incurred or aggravated in line of 
     duty; or
       ``(ii) from an acute myocardial infarction, a cardiac 
     arrest, or a cerebrovascular accident occurring during such 
     training.''.
       (b) Travel To or From Training Duty.--Section 106(d) of 
     such title is amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (3) by inserting ``or covered disease'' after ``injury'' 
     each place it appears;
       (4) by designating the second sentence as paragraph (2);
       (5) by designating the third sentence as paragraph (3); and
       (6) by adding at the end the following new paragraph:
       ``(4) For purposes of this subsection, the term `covered 
     disease' means any of the following:
       ``(A) Acute myocardial infarction.
       ``(B) A cardiac arrest.
       ``(C) A cerebrovascular accident.''.

     SEC. 202. COMPENSATION TO BE PAID AT SO-CALLED ``K'' RATE FOR 
                   SERVICE-CONNECTED LOSS OF ONE OR BOTH BREASTS 
                   DUE TO RADICAL MASTECTOMY.

       Section 1114(k) of title 38, United States Code, is amended 
     by inserting ``or one or both breasts due to a radical 
     mastectomy or modified radical mastectomy,'' after ``loss or 
     loss of use of one or more creative organs,''.

                   TITLE III--VETERANS LIFE INSURANCE

     SEC. 301. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL 
                   READY RESERVE FOR SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Eligibility.--Section 1965(5) of title 38, United 
     States Code, is amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) a person who volunteers for assignment to a 
     mobilization category in the Individual Ready Reserve, as 
     defined in section 12304(i)(1) of title 10; and''.
       (b) Conforming Amendments.--Sections 1967(a), 1968(a), and 
     1969(a)(2)(A) of such title are amended by striking ``section 
     1965(5)(B) of this title'' each place it appears and 
     inserting ``subparagraphs (B) or (C) of section 1965(5) of 
     this title''.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 2000.

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the 
gentleman from Arizona (Mr. Stump) and the gentleman from Illinois (Mr. 
Evans) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).


                             General Leave

  Mr. STUMP. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material therein on H.R. 4850.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Madam Speaker, I yield myself such time as I may consume.
  H.R. 4850 is the Veterans Benefits Act of 2000. The bill includes a 
cost-of-living adjustment for VA disability compensation and survivors 
benefits. It also includes a number of changes in program eligibility 
and benefit improvements.
  I urge my colleagues to support passage of H.R. 4850.
  Madam Speaker, I reserve the balance of my time.
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I want to thank the chairman of the committee, the 
gentleman from Arizona (Mr. Stump), for bringing this legislation to 
the floor today. I believe all Members of this body can fully support 
the Veterans Benefits Act of 2000, H.R. 4850. Among other provisions, 
this act provides a cost-of-living adjustment to service-connected 
disabled veterans and DIC beneficiaries. As a result, these important 
benefits will be increased to keep pace with the cost of living.
  The bill also recognizes the sacrifices made by two special groups of 
veterans, those who serve in the Guard and Reserve and suffer a heart 
attack or stroke while on inactive duty for training. These conditions 
will now be recognized as service connected. Madam Speaker, I also 
particularly want to commend and thank the gentleman from Michigan (Mr. 
Stupak) for his effective leadership on this important provision.
  I am pleased that this bill incorporates the provisions of H.R. 3998 
which I introduced to provide special monthly compensation to veterans 
who are service connected for a radical mastectomy.
  This is a good bill. I urge my colleagues to vote in favor of it.
  Madam Speaker, I reserve the balance of my time.
  Mr. STUMP. Madam Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Quinn), the chairman of the Subcommittee 
on Benefits.
  Mr. QUINN. Madam Speaker, I want to note the opportunity for us to 
talk with the gentleman from California (Mr. Filner) this morning and 
others.
  We are proud to be here today to consider H.R. 4850, the Veterans 
Benefits Act of 2000. H.R. 4850 combines four bills that were referred 
to the Subcommittee on Benefits, H.R. 3816, H.R. 3998, H.R. 4131, and 
H.R. 4376.
  Briefly, Madam Speaker, the Veterans Benefits Act provides a COLA, 
cost-of-living adjustment, effective December 1, 2000, for service-
connected and survivor benefits. It also provides that a stroke or a 
heart attack suffered by a Reservist during inactive duty training 
shall be considered service connected for purposes of VA benefits. It 
adds the service-connected loss of one or both breasts due to a radical 
mastectomy to the list of disabilities entitled to an additional 
special monthly compensation. And, finally,

[[Page 16050]]

extends service members' group life insurance eligibility to members of 
the Individual Ready Reserve.
  I would like to thank the ranking member and my partner on the 
subcommittee, the gentleman from California (Mr. Filner), for his help 
in bringing this bill to the floor today. I would also like to thank 
the gentleman from Michigan (Mr. Stupak), who is not a member of the 
committee but had the foresight to bring to our attention and worked 
with us on the provision affecting Reservists who suffer a heart attack 
or stroke while performing weekend drills.
  The benefits improvements in this bill will have an effect on a large 
number of veterans across the country. I urge my colleagues to support 
it.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Madam Speaker, I thank the gentleman for yielding time. I 
thank the gentleman from Arizona (Mr. Stump), the gentleman from 
Illinois (Mr. Evans), and the gentleman from New York (Mr. Quinn), the 
chairman of our Subcommittee on Benefits, for crafting H.R. 4850. I 
think everyone in this body can support this very important measure.
  This measure is important to the financial well-being of our disabled 
veterans and their survivors. It ensures a cost-of-living increase so 
that VA benefits will not erode due to increases in the cost of living. 
It also recognizes the important contributions made to our Nation's 
security by members of the National Guard and Reserve. In fact, section 
102 of the bill incorporates provisions that were introduced separately 
by the gentleman from Michigan (Mr. Stupak), who will speak in a few 
minutes. He recognized that certain members of the Guard and Reserve 
who suffer a heart attack or stroke while serving on inactive duty for 
training are unfairly denied service connection for those conditions. 
So I thank the gentleman from Michigan now for his leadership in 
getting this important provision.
  Section 202 of the bill is taken from a bill, H.R. 3998, introduced 
by the gentleman from Illinois (Mr. Evans), our ranking member. This 
will provide veterans who are service connected due to a radical 
mastectomy with the additional compensation currently provided to 
veterans who are service connected for loss or loss of use of other 
body parts. This bill was recommended to us in the 1998 report of VA's 
Advisory Committee on Women Veterans.
  Finally, section 301 of the bill will ensure that service members who 
volunteer for assignment to a mobilization category in the Ready 
Reserves will have access to VA life insurance. This is a simple thing 
but is very important because if we expect these service members to put 
their lives on the line for our Nation, we must assure that their 
survivors will be compensated if they are asked to pay the ultimate 
price for their service.
  I ask for a unanimous vote on this very important measure.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Reyes), a member of the committee.
  Mr. REYES. Madam Speaker, today I rise in support of H.R. 4850, the 
Veterans Benefits Act. I want to thank the chairman and ranking member 
of our committee as well as the gentleman from Michigan (Mr. Stupak) 
for his leadership on this bill. This bill provides serious improvement 
in services and benefits to our veterans. With H.R. 4850, we are 
providing important cost-of-living adjustments for compensation paid to 
veterans with service-connected disabilities as well as their 
dependents, along with enhancing other benefit programs providing 
compensation and life insurance benefits.

                              {time}  1030

  Moreover, with the increasing number of Guard and Reserve members of 
our Armed Services that are being called upon to defend our Nation, the 
diseases and the symptoms that they suffer should be considered service 
connected just as if they were on active duty status.
  Under current law, if a Guard member or a Reservist on inactive duty 
training suffers a heart attack or stroke, the disability is 
characterized as due to a disease and is not considered service 
connected.
  This bill simply corrects this situation by allowing those on 
inactive duty for training as to count this as service connected for 
the purposes of Veterans benefits.
  Furthermore, with the increasing number of female veterans, I am 
proud that this bill amends Federal veterans' benefits provisions to 
provide a monthly rate of compensation for the service-connected loss 
of one or both breasts due to the radical or modified radical 
mastectomy. This bill finally creates parity for breast cancer along 
the same lines as other visible physical disabilities.
  Lastly, the bill expands the eligibility of veterans to participate 
in group life insurance programs.
  Madam Speaker, when Reservists are called up for quick deployments, 
the need for insurance to cover these men and women for loss of life 
during acts of war is paramount. As it is, as regular insurance, their 
regular insurance, does not cover these types of situations.
  This bill fulfills our obligation to make sure that our men and women 
in uniform of the Reserves who are putting their lives on the line for 
their country have the same opportunity to gain security for themselves 
and their families through our life insurance programs.
  Clearly, the various aspects of this bill serve the needs of today's 
veterans, and they raise the level and quality of benefits for them and 
for their families. It is long overdue.
  With this legislation, we improve and fulfill our obligation to 
better serve our male and female veterans, Reservists, Guardsmen and 
their families, who have sacrificed for the American ideal and 
interests around the world.
  I, therefore, strongly support this legislation and urge Members of 
the House to unanimously pass this bill.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. Stupak).
  Mr. STUPAK. Madam Speaker, I thank the gentleman for yielding me the 
time.
  Madam Speaker, first I would like to commend the gentleman from 
Arizona (Mr. Stump), the chairman of the committee, and the gentleman 
from Illinois (Mr. Evans), the ranking member, the gentleman from New 
York, (Mr. Quinn) and the gentleman from California (Mr. Filner) for 
their hard work in helping me bring forth part of this legislation.
  It was really their work and the work of their staff that put 
together H.R. 4850, which incorporates several very worthy bills to 
help our veterans and their families, including my bill, H.R. 3816.
  My bill closes an exceptionally problematic loophole brought to my 
attention by the Pearce family of Traverse City, Michigan. Master 
Sergeant Ron Pearce was a full-time employee of the Michigan National 
Guard who suffered a heart attack while performing required physical 
fitness tests, a part of the inactive duty training requirements.
  Master Sergeant Pearce had a history of heart trouble and in the past 
had been exempted from the fitness test on recommendation of his 
doctor. He was ordered to take the test as a condition of his continued 
employment with the Michigan National Guard.
  He passed away as a direct result of this fitness test, leaving 
behind a wife and family with no means of support. The VA first 
approved and then denied benefits to his family. My bill, now part of 
the larger bill, would consider heart attacks and strokes suffered by 
National Guard and Reserve personnel while on inactive duty for 
training to be service connected for the purpose of VA benefits.
  Madam Speaker, I strongly urge support of this legislation. I am 
happy that the loophole will be closed and more families will not have 
to suffer as the Pearce family has.
  I strongly urge Members to vote yes on this bill. I once again would 
like to thank the distinguished gentleman from Arizona (Mr. Stump), the 
chairman of the Committee on Veterans Affairs; the distinguished 
gentleman from

[[Page 16051]]

Illinois (Mr. Evans), the ranking member, for their inclusion of my 
legislation in their bill.
  Mr. EVANS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. STUMP. Madam Speaker, I would like to thank the gentleman from 
Illinois (Mr. Evans), the ranking member, for all of his assistance, as 
well as the gentleman from New York (Mr. Quinn), chairman of the 
Subcommittee on Benefits, and the gentleman from California (Mr. 
Filner).
  Mr. BILIRAKIS. Madam Speaker, I rise in strong support of several 
veterans' bills that the House is considering today. First, H.R. 4850, 
the Veterans' Benefits Act of 2000, will increase, effective December 
1, 2000, the rates of disability compensation for veterans with 
service-connected disabilities and the rates of dependency and 
indemnity compensation for survivors of certain disabled veterans. As 
in previous years, these deserving men and women will receive the same 
cost-of-living-adjustment (COLA) that Social Security recipients are 
scheduled to receive, and as a cosponsor of H.R. 4850, I am pleased 
that we are acting to provide disabled veterans and their survivors 
with an annual COLA.
  H.R. 4850 includes several other important provisions. Under the 
measure, a stroke or heart attack suffered or aggravated by a reservist 
during inactive duty training will be considered service-connected. 
This will allow reservists to receive disability compensation for these 
conditions if they become disabled while on inactive duty training. 
H.R. 4850 would also provide a special monthly compensation for the 
service-connected loss of one or both breasts due to a radical 
mastectomy, at the same rate as that for a service-connected ``loss or 
loss of use of one or more creative organs.'' Finally, H.R. 4850 will 
permit certain members of the Individual Ready Reserve to participate 
in the Servicemembers Group Life Insurance program.
  The second veterans' bill we are considering today, the Veterans 
Claims Assistance Act of 2000, would eliminate the requirement that a 
claimant first submit a ``well-grounded claim'' before receiving 
assistance from the VA Secretary. A well-grounded claim for service-
connected disability benefits would be one that included supporting 
medical opinion and evidence.
  H.R. 4864 would require the VA Secretary to make a reasonable effort 
to obtain relevant records identified and authorized by the claimant. 
The VA Secretary would also have to provide a medical examination if 
warranted. H.R. 4864 would permit veterans who had claims denied or 
dismissed by the Court of Appeals for Veterans Claims to request a 
review of those claims within two years of enactment. Finally, H.R. 
4864 would require other federal agencies to furnish relevant records 
to the VA at no cost to the claimant.
  The VA has a long history of assisting veterans to obtain government 
and other records which may substantiate their claim for benefits. 
However, last year, the Court of Appeals for Veterans' Claims held that 
the VA had no authority to develop claims that are not well-grounded. 
Anyone who has ever had to deal with a bureaucracy knows how 
frustrating it can be, and the Court's decision had a devastating 
impact on a veteran's ability to develop his or her claim. H.R. 4864 
reaffirms the government's obligation to assist our nation's veterans 
in developing their benefit claims, and I am honored to be an original 
cosponsor of this legislation.
  Finally, I am pleased that the House will consider another resolution 
that I have cosponsored regarding the Persian Gulf War. Next month 
marks the tenth anniversary of the initial activation of the National 
Guard and Reserve personnel for Operation Desert Shield and Operation 
Desert Storm as a consequence of the invasion of Kuwait by Iraq. Over 
267,000 members of the National Guard and Reserve were ordered to 
active duty during the Persian Gulf War, and 57 of them lost their 
lives in service to their nation.
  H. Res. 549 recognizes the historical significance of this 
anniversary and honors the service and sacrifice of these National 
Guard and Reserve personnel during Operation Desert Shield and 
Operation Desert Storm. The resolution also recognizes the growing 
importance of the National Guard and Reserve to the Security of the 
United States.
  Madam Speaker, I urge my colleagues to support all three of these 
important veterans bills.
  Mr. WATTS of Oklahoma. Madam Speaker, I rise in support of H.R. 4850, 
the Veterans Benefits Acts of 2000 and H.R. 4864, the Veterans Claims 
Assistance Act of 2000--two bills that give overdue support and 
assistance to our Nation's veterans. There are more than 2.6 million 
veterans receiving disability compensation as of May 2000, and the 
Department of Veterans Affairs expects expenditures for disability 
compensation to reach $15 billion for FY 2000.
  H.R. 4850 directs the Veterans Secretary to increase the rates of 
veterans disability compensation, dependency and indemnity 
compensation, and additional compensation for dependents, which is 
equal to the Social Security cost-of-living adjustment (COLA) that will 
take place on December 1, 2000. Furthermore, this bill provides for a 
change in the law which states that a stroke or heart attack that is 
incurred by a member of a reserve component in the performance of duty 
shall be considered service-connected for the purpose of benefits under 
law. Finally, H.R. 4850 provides compensation for the service-connected 
loss of one or both breasts due to a radical mastectomy and will be 
treated as other service-connected loss of organs or limbs.
  In addition to H.R. 4850, I support H.R. 4864 which authorizes the 
Secretary of Veterans Affairs to assist a claimant in obtaining 
evidence to establish entitlement to a benefit. The bill requires the 
Secretary to make reasonable efforts to obtain relevant records that 
the claimant identifies. Also, it eliminates the requirement that a 
claimant submit a ``well-grounded'' claim before the Secretary can 
assist in obtaining evidence to support a claimant. This is a change as 
the result of a recent Court of Appeals case that stated the Veterans 
Administration (VA) could help a veteran obtain records relevant to a 
claim only after the veteran provided enough evidence to prove that the 
claim is ``well-grounded.'' This decision led to confusion on the part 
of the VA as to the meaning and application of the ``well grounded'' 
claim requirement. H.R. 4864 clarifies the ``well grounded'' claim 
requirement and enables the VA to once again provide as much assistance 
as possible to veterans.
  I fully support these two important bills. I have always believed how 
our nation treats the veterans has a direct impact upon our ability to 
attract patriotic young Americans to military service. We must ensure 
our veterans receive proper and fair assistance in a timely manner. If 
we do not keep faith with our veterans--we will jeopardize the defense 
of the country.
  Mr. STUMP. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Arizona (Mr. Stump) that the House 
suspend the rules and pass the bill, H.R. 4850.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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