[Congressional Record (Bound Edition), Volume 153 (2007), Part 10]
[House]
[Pages 13718-13720]
[From the U.S. Government Publishing Office, www.gpo.gov]




 EARLY ACCESS TO VOCATIONAL REHABILITATION AND EMPLOYMENT BENEFITS ACT

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2239) to amend title 38, United States Code, to expand 
eligibility for vocational rehabilitation benefits administered by the 
Secretary of Veterans Affairs, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2239

       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 ``Early Access to Vocational 
     Rehabilitation and Employment Benefits Act''.

     SEC. 2. EXPANSION OF ELIGIBILITY FOR VOCATIONAL 
                   REHABILITATION BENEFITS ADMINISTERED BY THE 
                   SECRETARY OF VETERANS AFFAIRS.

       Section 3102 of title 38, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the person--
       ``(A) at the time of the Secretary's determination under 
     subparagraph (B), is a member of the Armed Forces who is 
     hospitalized or receiving outpatient medical care, services, 
     or treatment;
       ``(B) is determined by the Secretary to have a disability 
     incurred or aggravated in the line of duty in the active 
     military, naval, or air service that is likely to be rated at 
     10 percent or more; and
       ``(C) is likely to be discharged or released from such 
     service for such disability.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman) 
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.
  This bill, the Early Access to Vocational Rehabilitation and 
Employment Benefits Act, was authored by my good friend from Arkansas 
(Mr. Boozman), and we appreciate his efforts over many years on behalf 
of our veterans. I was glad that we could get this bill to the floor 
today. It is the last of seven that say thank you to our Nation's 
veterans as we come up on Memorial Day.
  This would extend vocational rehabilitation and employment benefits 
to members of the Armed Forces who are determined to have a disability 
incurred while on active duty of at least 10 percent and likely to be 
discharged from service due to that disability. The servicemembers 
would still have to qualify under usual vocational rehabilitation and 
employment criteria of at least 20 percent, with an employment handicap 
of 10 percent with a serious employment handicap.
  H.R. 2239 will help veterans begin their rehab earlier and will be 
very beneficial to those veterans in extended convalescence which could 
be over a year. This is the ideal time, as veterans will still be on 
active duty, continuing to receive their military pay, making it easier 
to support his or her family. One of the factors that leads to 
servicemembers dropping out of vocational rehabilitation and employment 
is the need to support their families.
  Due to the severity of the injury or injuries, most veterans will be 
expected to experience a drop in pay once they are discharged. However, 
if a veteran begins their rehab immediately, they may be able to enter 
the job market much earlier.
  I urge my colleagues to support H.R. 2239. It is an important bill. 
This is the least we can do for these brave men and women. It will ease 
the transition from the military to civilian employment market. And, 
again, I thank Mr. Boozman for his leadership on this issue.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2239, the Early Access to Vocational Rehabilitation and 
Employment Benefits Act, implements a commonsense involvement in the 
speed with which we provide vocational rehabilitation to injured 
servicemembers. This

[[Page 13719]]

bill makes it clear that active duty servicemembers are entitled to 
begin using vocational rehabilitation benefits prior to discharge.
  The bill directs the Department of Veterans Affairs to coordinate 
with the military services to determine the likelihood that a 
servicemember undergoing hospitalization or outpatient treatment will 
be discharged or returned to active duty. If the member is likely to be 
discharged and will likely have a disability rating of at least 10 
percent, VA is authorized to evaluate and award the full range of 
vocational rehabilitation benefits prior to the servicemember's 
discharge. Such a decision would be made using the current statutory 
and regulatory processes to determine eligibility.
  Mr. Speaker, it makes no sense to delay access to benefits that will 
speed an injured servicemember's return to productive civilian life. 
For severely injured servicemembers, these benefits often make the 
difference between whether or not they are able to live independently. 
Many of those wounded in the global war on terror spend 2 or 3 years 
recovering from their injuries and often find themselves with 
significant free time outside of their therapy sessions. That free time 
offers an ideal opportunity to make use of their vocational 
rehabilitation and employment benefits to prepare them for the civilian 
job market. I am happy to let my colleagues know that CBO has said that 
this bill ``would have no direct impact on direct spending.'' The bill 
simply affects the timing of when our servicemembers receive the 
benefits.
  All of us have gone over to Bethesda and Walter Reed to visit injured 
troops. And, again, this is an effort to give them the best of both 
worlds, the best that we can offer them being on active duty, but to go 
ahead and start those vocational rehab services so that we can get 
vocational counselors in there and then, again, as they pursue their 
getting stronger and heal physically, to go ahead and direct them in 
such a way that we can provide a new occupation for them in the future.
  So I appreciate Chairman Filner, Ranking Member Buyer, Chairwoman 
Herseth Sandlin, and especially the chairwoman in the sense that she 
was instrumental in helping us amend the bill to improve it.
  So, again, I would urge that my colleagues support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I yield such time as she may consume to the 
dynamic chair of our Economic Opportunity Subcommittee, the gentlewoman 
from South Dakota (Ms. Herseth Sandlin).
  Ms. HERSETH SANDLIN. Mr. Speaker, again I thank the chairman for 
yielding.
  I rise today in strong support of H.R. 2239, the Early Access to 
Vocational Rehabilitation and Employment Benefits Act.
  I want to thank the ranking member of the Economic Opportunity 
Subcommittee, my good friend and trusted colleague, Mr. Boozman, for 
introducing this important bill and for working with me prior to the 
committee markup to strengthen the bill. I also want to thank Chairman 
Filner and Ranking Member Buyer for their support of the bill as well.
  While current law requires servicemembers to be discharged from 
active duty prior to applying and receiving benefits from the VA, H.R. 
2239 would extend vocational rehabilitation and employment benefits to 
members of the U.S. Armed Forces who are determined to have a 
disability of at least 10 percent or more, incurred or aggravated while 
on duty, and likely to be discharged from service due to that 
disability.
  This important legislation would help veterans begin their 
rehabilitation earlier and could be very beneficial for those who are 
in extended convalescence, which may last more than a year for some 
servicemembers. As the chairman explained, today we do find that a 
major factor for new veterans dropping out of the VR&E program is the 
immediate need to financially support the family. We can reduce the 
risk of these individuals dropping out of the program prematurely if we 
extend the benefits while they are still on active duty.
  Now, in some cases, due to the severity of their injuries, a number 
of veterans may likely experience a drop in pay after their discharge 
and when they enter the civilian workforce. However, if a veteran 
begins his or her rehabilitation immediately, he or she may be able to 
enter the job market much earlier with a level of readiness and a set 
of skills to command a higher-paying position than otherwise might be 
obtained.
  I look forward to continuing to work in a bipartisan manner with Mr. 
Boozman on the Economic Opportunity Subcommittee to ensure Federal 
services are available to help our fighting men and women successfully 
transition to civilian life.
  I ask my colleagues to join me in supporting H.R. 2239 so that we may 
ensure our servicemembers are more readily afforded the benefits they 
need to heal and succeed after their service to our country.
  Mr. BOOZMAN. Mr. Speaker, I yield for the purpose of making a 
unanimous consent request to the gentleman from Indiana (Mr. Buyer).
  Mr. BUYER. Mr. Speaker, I rise in support of the bill and compliment 
Ms. Herseth Sandlin for her work and Mr. Boozman.
  Mr. Speaker, the bill, as amended does two important things. First, 
it lowers the existing eligibility for servicemembers undergoing 
treatment prior to discharge to 10 percent vice the current 20 percent. 
Second, it clarifies existing law to reaffirm Congress's intent that VA 
provide vocational rehabilitation and employment benefits to eligible 
service members undergoing what is normally long-term convalescence.
  This bill will be especially important to service members being 
treated at our major trauma centers such as Walter Reed, Bethesda, Palo 
Alto and Tampa Bay. Many of these service members are facing what may 
be years of physical and emotional therapy and it makes good sense to 
begin the process of reintegration into the workforce prior to 
discharge from active duty. Voc rehab benefits available under this 
bill will also provide positive reinforcement to DoD and VA therapy 
sessions by concentrating on issues other than any residual 
disability(s) they may have from their injuries.
  Mr. Speaker, this is an excellent bill and I strongly urge my 
colleagues to support it.
  Mr. FILNER. Mr. Speaker, I have no further requests for time, and I 
reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, again, I would like to urge the passage of 
H.R. 2239. I appreciate the work of my chairman and ranking member and 
especially the work of the staff on this bill.
  Mr. Speaker, I yield back the balance of my time.


                             General Leave

  Mr. FILNER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on both H.R. 2199 and H.R. 2239, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. FILNER. Mr. Speaker, we have come to the end of a day of thanks 
to our Nation's veterans. We have seven bills, all of which will go to 
really improve our services, our health care, our sense of commitment 
to our Nation's veterans. We have had seven good bills today, and I 
think they will all be approved by this body.
  I was a professor of European history before I became a Congressman, 
and I used to talk about the Roman world. And there was this famous 
Roman senator named Cato. And Cato would end all his speeches, no 
matter on what subject, which they might be about the sewer system of 
Rome or they might be about gladiator games or war against the 
Parthians or whoever, but he would always end his speech, no matter 
what the thing was, and everybody would expect it and he sort of became 
the laughingstock of the senate because they would know he would end 
all his speeches with ``and we must destroy Carthage.'' And nobody paid 
any attention to his speeches because they were all waiting for that 
conclusion no matter on what subject.
  So with that little history lesson, I urge my colleagues to 
unanimously support H.R. 2239.

[[Page 13720]]


  Mr. SPACE. Mr. Speaker, I rise again today in support of H.R. 2239, 
the Early Access to Vocational Rehabilitation Benefits Act.
  Currently, vocational rehabilitation benefits provided by the VA are 
not available to veterans until after they have been discharged from 
military service. This bill extends eligibility for vocational 
rehabilitation benefits to current members of the armed forces who are 
hospitalized or are undergoing out-patient medical care, who have a 
disability of at least 10 percent incurred or aggravated while on 
active duty, and who are likely to be discharged from service due to 
that disability.
  As a member of the Veterans' Affairs Committee, I am dedicated to 
providing our Nation's veterans with every service that they have 
earned and that they were promised. Access to vocational rehabilitation 
is part of what our Nation's heroes are entitled to, and this bill is a 
step in the right direction.
  By supporting this bill, we are ensuring that wounded servicemembers 
can access rehabilitational benefits more quickly without having to 
wait for their paperwork to catch up to them. This bill will get our 
wounded vets back on their feet and reintegrated into the workforce 
sooner than is currently possible by providing them with vocational 
benefits while they are awaiting military discharge. Reintegration into 
the workforce is a key part of easing stability back into the lives of 
our servicemembers who have often spent months in incredibly tense and 
mentally-exhausting environments. Re-establishing a ``normal'' working 
routine at a pace that better suits our servicemembers is beneficial to 
all parties involved.
  I urge my colleagues to support H.R. 2239 because the bill provides 
our Nation's veterans with more timely access to a promised service as 
they transition back to civilian life.
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in strong support of H.R. 
2239, to expand eligibility for vocational rehabilitation benefits 
administered by the Secretary of Veterans Affairs. I would like to take 
some of my time to express my deepest appreciation for our Nation's 
veterans. It is with this that I strongly ask you to expand eligibility 
for vocational rehabilitation benefits for all of our veterans. Every 
day, we find more and more of our veterans returning home with severe 
physical and mental disabilities. This legislation is a step in the 
right direction and will act as a cornerstone necessity for providing 
the medical care, services and treatment that all of our country's 
finest deserve.
  This Congress to must ensure that our injured soldiers, sailors, 
airmen and any other veterans who have returned home with a disability 
not only receive the basics in terms of medical attention, but also 
receive proper rehabilitation so that suitable employment in the future 
can become a viable option. The act of a person once again living 
independently is the highest goal that this legislation can achieve. 
Services that provide counseling, education, financial aid, and job 
assistance are the best tools for our veterans to use in order to get 
back on their feet and live a life of independence and dignity. Let us 
not revisit the fatal mistakes made after Vietnam. To quote my good 
friend and colleague, Dick Durbin, ``We owe our disabled veterans more 
than speeches, parades and monuments.'' Let's do our best to convey our 
appreciation for their sacrifices.
  Mr. FILNER. Mr. Speaker, 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. 2239, 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.

                          ____________________