[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[House]
[Pages 9973-9974]
[From the U.S. Government Publishing Office, www.gpo.gov]




             SPINA BIFIDA HEALTH CARE PROGRAM EXPANSION ACT

  Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5729) to amend title 38, United States Code, to direct the 
Secretary of Veterans Affairs to provide comprehensive health care to 
children of Vietnam veterans born with spina bifida, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5729

       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 ``Spina Bifida Health Care 
     Program Expansion Act''.

     SEC. 2. PROVISION OF COMPREHENSIVE HEALTH CARE BY SECRETARY 
                   OF VETERANS AFFAIRS TO CHILDREN OF VIETNAM 
                   VETERANS BORN WITH SPINA BIFIDA.

       (a) Provision of Comprehensive Health Care.--Section 
     1803(a) of title 38, United States Code, is amended by 
     striking ``such health care as the Secretary determines is 
     needed by the child for the spina bifida or any disability 
     that is associated with such condition'' and inserting 
     ``health care under this section''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to care furnished after the date of 
     the enactment of this Act.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Madam Speaker, in this Congress we are blessed with 
having many new Members who take an active role in the legislative 
process and are writing legislation, and one of those is the gentleman 
from Indiana (Mr. Ellsworth), who brings us this bill, and I yield to 
him such time as he may consume.
  Mr. ELLSWORTH. I thank the gentleman for yielding.
  Madam Speaker, I rise today in strong support of H.R. 5729, the Spina 
Bifida Health Care Program Expansion Act.
  This important issue came to my attention by my constituents Honey 
Sue Newby and the Nesler family of New Harmony, Indiana. Honey Sue's 
story is quite heart wrenching. She's a woman who lives with a 
complicated neurological disorder rooted in spina bifida, and her 
parents, Suzanne and Ron Nesler, provide her with around-the-clock 
attendance and care. Ron is Honey Sue's stepfather and, together with 
Suzanne, serves as her guardian and primary caregiver.
  Honey Sue's biological father served 8 years as a marine and 
completed three combat tours in Vietnam. The VA concedes that Honey 
Sue's condition is the direct result of her biological father's 
exposure to Agent Orange, the defoliant and herbicide used by our Armed 
Forces in Vietnam.
  For years the Neslers have attempted to clear seemingly 
insurmountable bureaucratic hurdles when seeking medical care for Honey 
Sue. Suzanne and Ron have to provide a letter from the doctor to the VA 
each and every time that she seeks care that her condition is directly 
related to her spina bifida. The Neslers have to repeat this routine 
despite the fact that Honey Sue is recognized by the VA as a level III 
child. At the VA level III children are eligible to the same full 
health care coverage as a military veteran with 100 percent service-
connected disability.
  H.R. 5729 will provide the Neslers and other people facing the same 
challenges with relief from the tedious administrative burdens by 
providing the beneficiaries of the Spina Bifida Health Care Program 
with comprehensive care. No longer will the burden be on the Neslers to 
prove that Honey Sue's condition and various health ailments are 
related to spina bifida and therefore Agent Orange. The requirement has 
been removed.
  When this bill is passed by Congress and signed by the President, 
Honey Sue and the estimated 1,200 children--and, Madam Speaker, that's 
important to know that this is only 1,200 children with levels I, II, 
and III spina bifida as caused by a parent's exposure to Agent Orange 
will receive the same full health care coverage as military veterans 
with a 100 percent service-connected disability. This bill will give 
families the peace of mind that their children will have access to 
attendant care when they are no longer capable of providing for them. I 
know that this concern is of great importance to the Neslers.
  Madam Speaker, the Congressional Budget Office estimates that the VA 
already provides roughly 90 percent of the comprehensive health care 
needs of these beneficiaries. In fact, the CBO estimates that the 
implementation of this program will add around $2,500 per person in 
2009. This is a small price to pay, Madam Speaker, to ensure Honey Sue 
receives the health care she needs and Suzanne and Ron do not have to 
spend their days navigating their way through a frustrating maze of 
administrative paperwork.
  I would like to thank the chairman, Bob Filner, and the ranking 
member, Mr. Buyer, and the very capable staff of the Veterans' Affairs 
Committee for their leadership on this issue. I'd also at this time 
like to thank one of my staff in Evansville, Indiana, Emily Hayden, who 
has worked exceedingly hard to help the Neslers with the red tape that 
this bill aims to fix. Emily has shown such care and consideration for 
so many of my constituents that she deserves recognition. I'm proud to 
have her on my staff.
  Madam Speaker, H.R. 5729, the Spina Bifida Health Care Program 
Expansion Act, follows through on these promises made to our brave 
servicemembers who have fought for our freedoms.
  Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5729, as amended, the Spina Bifida Health 
Care Program Expansion Act, which would amend title 38, United States 
Code, to direct the Secretary of Veterans Affairs to provide 
comprehensive health care to children of Vietnam veterans born with 
spina bifida, and for other purposes.
  Spina bifida is a developmental birth defect that affects the spinal 
cord. It is a debilitating disease that can cause a number of 
neurological problems including paralysis and cognitive disorders.
  Under its current authorities, VA is providing monetary allowances, 
vocational training, and certain medical care benefits to more than 
1,100 children of veterans from Vietnam and Korea who were born with 
spina bifida. The VA Spina Bifida Health Care Program began in 1997 as 
a benefit for children of Vietnam veterans exposed to Agent Orange. In 
2003 Congress expanded this program to children of certain Korean 
conflict veterans as well.

[[Page 9974]]

However, medical care benefits under the program are limited to those 
necessary for the treatment of spina bifida and related medical 
conditions.
  Although VA is supporting about 90 percent of the health care needs 
of these beneficiaries, the current requirement to receive prior 
approval for services creates an undue administrative burden for those 
families seeking treatment for their children. As these children age, 
it is especially important that the complete and comprehensive health 
care is available to them.
  Madam Speaker, I am pleased to support H.R. 5729, and I commend the 
gentleman from Indiana for bringing this to our attention. This bill 
expands VA's authority to cover all health care services needed for 
those who suffer with spina bifida as a result of their parents' 
service to our country.
  Madam Speaker, I urge my colleagues to adopt this legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. FILNER. Madam Speaker, I would thank again the gentleman from 
Indiana (Mr. Ellsworth) for recognizing a problem, for having so much 
energy, and bringing us a solution.
  We salute you for doing that.


                             General Leave

  Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on H.R. 5729, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. FILNER. Madam 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. 5729, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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