[Congressional Record (Bound Edition), Volume 149 (2003), Part 23]
[Extensions of Remarks]
[Pages 31995-31996]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     VETERANS BENEFITS ACT OF 2003

                                 ______
                                 

                               speech of

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                      Thursday, November 20, 2003

  Mr. EVANS. Mr. Speaker, I rise in strong support of H.R. 2297, as 
amended. This bill is a compromise agreement that was carefully 
negotiated between the House and Senate, and contains a number of 
important measures to assist this Nation's veterans and their families. 
I want to take a moment to recognize and thank Chairman Chris Smith, 
Benefits Subcommittee Chairman Henry Brown and Benefits Ranking 
Democratic Member Michael Michaud for working with me to successfully 
craft this bipartisan, bicameral benefits package. I appreciate your 
leadership, professionalism and all of your hard work in guiding this 
legislation through the process and into law.
  I also would like to thank the staff members of the House Committee 
on Veterans Affairs for their work in preparing this legislative 
package and for their work throughout the year--Patrick Ryan, Darryl 
Kehrer, Paige McManus, Devon Seibert and Kingston Smith of the majority 
staff and Jim Holley, Mary Ellen McCarthy, Geoffrey Collver and Leah 
Booth of my Democratic staff. Likewise, I would like to thank Chairman 
Arlen Specter and Ranking Member Bob Graham of the Senate Veterans 
Affairs Committee, as well as the Senate staff who worked diligently on 
this conference agreement--Mary Schoelen, Ted Pusey, Jon Towers and 
Chris McNamee.
  Mr. Speaker, last week on November 11th we celebrated and honored the 
sacrifices and heroic deeds of our Nation's veterans with speeches and 
parades. Indeed, it is appropriate, necessary even, that we recognize 
and honor the many sacrifices of the brave men and women in uniform who 
have so gallantly served our nation. Mr. Speaker, speeches and parades 
are nice but they are not enough. Today, however, we match our 
complimentary words with actual deeds. We celebrate and honor those who 
have served the country and protected our freedoms by passing this 
legislative package, which truly honors their service and provides them 
and their families with important benefits that they most certainly 
have earned.
  Mr. Speaker, I am very proud that this legislative package contains a 
number of measures

[[Page 31996]]

that I introduced or of which I am an original cosponsor. Additionally, 
I commend all the Members of the House Veterans Affairs Committee on 
both sides of the aisle who have worked diligently this session to 
bring important measures forward. This compromise agreement contains 
many bills introduced by Committee members. Indeed, crafting and 
passing this benefits package has truly been a bipartisan effort.
  I am pleased the provision to provide the Department of Veterans 
Affairs (VA) benefits to children with spina bifida whose veteran 
parent was exposed to Agent Orange in Korea is drawn from my bill H.R. 
533. During a hearing the Committee received moving testimony from 
Michael Ruzalski, a young man severely disabled by spina bifida. 
Michael's father John served in the region of Korea's Demilitarized 
Zone (DMZ) during the time that the Department of Defense acknowledges 
Agent Orange was used there. Congress has authorized benefits for 
children of veterans affected by such exposure in Vietnam. The children 
of veterans who served in the Korean DMZ are no less deserving. When 
military service results in harm to the children of our Nation's 
veterans, our country should assume the responsibility to compensate 
them for their disabilities.
  A provision to remove unnecessary and arbitrary time barriers for 
certain former prisoners of war to qualify for service-connection of 
their disabilities on a presumptive basis is drawn from H.R. 1838, 
which I introduced. I believe that we should consider additional 
presumptive conditions for former prisoners of war and will continue to 
support legislation to accomplish that end. Nonetheless, we need to 
take action now to assure those prisoners of war who were interred in 
Iraq for less than 30 days, as well as those from earlier conflicts, 
that no durational requirement will be imposed for certain psychiatric 
and physical disabilities which may follow a brief period of 
internment.
  The package includes a provision to permanently authorize the VA home 
loan program for members of the National Guard and Reserve. It also 
lowers their home loan fees. This provision is drawn from H.R. 1257, 
which I introduced with the Ranking Member of the Subcommittee on 
Benefits, Mr. Michaud. Now more than ever, our Reserve and National 
Guard forces are an integral component of our national defense policy. 
Making this program permanent for members of the National Guard and 
Reserve is the right thing to do, it's also the right thing to do 
financially--as Reservists have an exemplary record of repayment on VA 
home loans.
  I am also pleased that this package contains provisions that provide 
long overdue benefits for our Gold Star Wives. Specifically, it 
provides that remarriage of the surviving spouse of a veteran after 
attaining age 57 would not result in termination of dependency and 
indemnity compensation (DIC), home loan, or education benefits 
eligibility.
  This legislative package would also repeal current law restricting a 
surviving spouse or dependent children to receiving no more than two 
years of accrued benefits if the veteran dies while a claim for VA 
periodic monetary benefits is being processed. I have worked to end 
this unfair restriction for a number of years. This provision is drawn 
from a bill I introduced a few years ago. I am pleased to finally have 
succeeded in repealing this two-year cut off.
  The provisions reinstating VA's vendee loan program that previously 
passed the House are included in H.R. 2297. I would note that the 
language has been changed slightly. The change is intended to assure 
that VA will be required to operate a vendee loan program through 
September 30, 2013. I believe that these changes are necessary after 
reviewing an opinion of the Comptroller General concerning VA's 
authority to terminate the program.
  H.R. 2297, as amended also contains a number of important measures 
that aim to expand self-employment training opportunities and provide 
valuable career and employment counseling to servicemembers 
transitioning from the military to civilian life. The bill also 
provides a substantial increase in monthly payments under the 
survivors' and dependents' educational assistance program. This action 
is consistent with my goals to improve and restore all veterans' 
education benefits to the necessary levels. As we all know, we have 
much to do in the area of veterans' education programs to keep up with 
the ever-increasing costs of higher education.
  Another important measure that I am pleased the negotiated bill 
contains is the provision to authorize certain contracting 
opportunities for service-disabled veteran owned and controlled small 
businesses. A fair opportunity is all that veterans request. This 
provision should lead to improved results with respect to federal 
contracting with disabled veterans. However, improved results will also 
require increased efforts by the Administration to reach out to 
disabled-veteran owned and controlled small businesses. Indeed, federal 
agencies have a 3 percent contracting goal for service-disabled veteran 
small businesses, and currently not one federal agency comes close to 
meeting this goal. Hopefully, this provision will allow all federal 
agencies to improve their record in this area, as well as provide more 
opportunities for veteran entrepreneurs and a much-needed spark to the 
small business sector of this economy.
  I am also pleased that in this package we have included provisions to 
permit state cemeteries to receive VA burial plot allowances for burial 
of all eligible veterans, including peace time veterans; allow a 
remarried surviving spouse to retain eligibility for burial in a 
national cemetery based on a prior marriage to a deceased veteran; and 
make permanent the State Cemetery Grants Program. We must do all we can 
to provide a dignified final resting place for our veterans and be 
attentive and caring to the surviving family members.
  Mr. Speaker, this bill also authorizes the receipt of full 
compensation, dependency and indemnity compensation (DIC) and burial 
benefits to eligible members of the New Philippine Scouts, and other 
individuals who served in the organized military forces of the 
Commonwealth of the Philippines, including organized guerilla units, if 
the individual to whom the benefit is payable resides in the United 
States and is either a citizen of the U.S. or an alien lawfully 
admitted for permanent residence. The bill also extends the authority 
of the Secretary of Veterans Affairs to maintain a regional office in 
Manila, Philippines, through December 31, 2009. I want to thank 
Representatives Bob Filner and Juanita Millender-McDonald for their 
tireless work on this important issue.
  On another important matter contained in this legislative package, I 
would like to express my thanks and applaud the actions of my friend 
and colleague Representative Ted Strickland of Ohio. Representative 
Strickland, along with Senator Bill Nelson of Florida, introduced 
legislation to clarify the prohibition on assignment of veterans' 
benefits. This provision would protect veterans, their survivors' and 
dependents from unscrupulous business entities that attempt to prey on 
unsuspecting or elderly beneficiaries. Mr. Strickland's language would 
make clear that certain arrangements, including opening joint bank 
accounts that remove control and choice from the veteran over the 
receipt of veterans' benefits, are illegal.
  I am also pleased that the bill removes a provision that the VA has 
indicated could limit benefits to veterans. This language was contained 
in section 5103 of title 38, United States Code and was intended to 
provide claimants with one year to submit information or evidence 
requested by the Secretary of Veterans Affairs. Unfortunately, the 
language used in that section ``no benefits may be paid'' could be 
interpreted to bar consideration of evidence that a claimant submitted 
in connection with an appeal. That language has now been removed, so 
that no claimant should lose benefits as a result of its application. 
The bill also permits the VA to decide claims in less than one year. If 
the claim is denied and evidence supporting the claim is submitted 
within the year, the Secretary is required to consider the evidence.
  Mr. Speaker, H.R. 2297, as amended, contains many provisions that 
will make a difference in the lives of this nation's veterans and their 
families. It is a good bill, and I urge all Members to show their 
support for the men and women who have worn the uniform in defense of 
our country by voting to pass this legislative package.

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