Veterans Day – November 11, 2001

LEGISLATIVE UPDATE
107^TH CONGRESS

NOVEMBER 2001

PREPARED BY THE DEMOCRATIC STAFF
COMMITTEE ON VETERANS AFFAIRS

LANE EVANS
RANKING DEMOCRATIC MEMBER

VETERANS DAY MESSAGE

Veterans Day 2001 is like no other Veterans Day in recent memory. Like years past, again this year we will pause to remember those who have served in uniform. We will also again recognize and reflect on their selfless service and sacrifices. This year however our thoughts will also be with men and women in uniform half a world away. Men and women doing their duty to preserve and defend our nation against the scourge of terrorism. This year we are a nation at war, a war unlike any we have fought before. But like wars of the past, our young men and women today have been called to do their duty and are again in harm’s way.

On September 11^th, two months before Veterans Day, we witnessed horrific acts of terrorism against America. As a people we were numbed by the senseless death of thousands of innocents. Our Nation was wounded as never before. We have suffered, but we are healing and we will recover. Our sense of loss remains, but we have resolved to win the war against terrorism wherever it is waged. And we will.

While Americans have in large measure returned to their daily routine, our lives have been unalterably changed. While we are warned of possible further terrorist attacks and called on to be vigilant, we are also asked to lead normal lives. To the best of our ability, in the best tradition of our Nation, we will do both. It will not always be easy, but we will prevail, as have the generations who have gone before us. They have fought to preserve and defend our American way of life. They have paved the way for us with courage and heroism and we will follow in their triumphant footsteps.

Flags, ribbons, streamers and red, white and blue bunting are displayed from homes, stores, office buildings, cars, trucks and bicycles. Throughout our Nation everywhere these symbols of patriotism and love of country are displayed. As we wage war against worldwide terrorism, symbols alone will not sustain our efforts. There will surely be successes and just as surely setbacks. To win victory, support for our troops must not waver.

This year Veterans Day also reminds us we must keep our commitment to the men and women who bear the battle. As a nation we have a moral obligation to provide the benefits and services that our veterans have earned through their honorable service to our Nation – whether their service in uniform occurred decades ago or will occur today or tomorrow.

Today, we are failing too often to provide veterans the benefits and services they have earned. For the fiscal year beginning October 1, 2001, VA Headquarters has warned its staff across the country to expect an $800 million shortfall in funding its current medical care programs. The projected shortfall is likely to exacerbate waiting times that exist in many of VA’s clinics—particularly its new community based outpatient clinics. In a sign of real fiscal distress, in the past year, VA has apparently agreed to disregard veterans’ service-incurred disabilities in reviewing their priority for enrollment and health care treatment. In addition, the Secretary has yet to make a decision (due by law on August 1 of each year) about which priority groups will be enrolled for health care treatment in the current fiscal year.

Unfortunately, the estimated shortfall does not include the costs of reimbursing certain veterans for the cost of non-VA emergency care —a benefit authorized by Congress two years ago—that were estimated to cost another $400 million when implemented. It is also not enough to enhance current VA contingency missions for backing up the Department of Defense or serving as a provider within the National Disaster Medical System that could be activated in the event of a national disaster. Enhanced roles for VA in these contingency missions could cost as much as $1 billion.

Today, we are failing too often to provide veterans the other benefits and services they have earned. For the past year, the number of veterans who wait over 180 days for decisions on compensation and pension benefit claims has been steadily increasing. The backlog today of more than 500,000 claims awaiting a VA decision is nothing less than a crisis. It is surely not honoring those who have served by providing them a speedy and accurate decision on the claims for benefits that they have submitted. Sadly, for those veterans who should die while their claims are pending, a decision delayed is truly a decision denied.

According to the Palm Beach Post, this information on delayed VA claims processing is nothing new to Florida’s many disabled veterans. Florida’s single processing center in St. Petersburg has the worst performance record in the VA system – a backlog of approximately 25,000 cases, according to the newspaper. “Some vets have waited years for rulings” and some cases had languished nearly a decade.

Many veterans who want to further their education after serving their country won’t be able to do so. Many are married, some have children, and a benefit that provides only one-third of the cost won’t be used. This is particularly troubling because an overwhelming majority of military enlistees cite funding for a higher education as the primary reason they volunteered for military service.

We know from experience that only about 50% of those eligible use the benefit today and even fewer actually earn a degree. Compare this with the fact that over 95% of enlistees choose to sign up for the benefits of the Montgomery GI Bill program, and the need to increase the benefit's purchasing power becomes even clearer.

H.R. 320, cosponsored by nearly 150 Members, would solve this problem. This important legislation provides full tuition, fees, books, supplies, and an annual living stipend ($7200 per year initially) in exchange for four years of military service. Lesser benefits would be available for shorter terms of enlistment. H.R. 320, which I, together with Congressman John Dingell, introduced is, based on recommendations of the Principi Commission, which was chaired by the current Secretary of Veterans Affairs, Tony Principi. Unfortunately, the House Committee on Veterans Affairs was denied the opportunity to vote on this meaningful veterans benefits legislation by the Republican leadership of the Veterans Affairs Committee.

As President Bush recently said, “This country has always been able to count on men and women of great courage. From the day America was founded, 48 million have worn the uniform of the United States. More than 25 million veterans are living today…

“We must remember that many who served in our military never lived to be called veterans. We must remember many had their lives changed forever by experiences or the injuries of combat. All veterans are examples of service and citizenship for every American to remember and to follow.

“On Veterans Day, we will honor them. We will remember the Bob Doles of the world. We will remember a generation that liberated Europe and Asia, and put an end to concentration camps. We will remember generations that fought in the cold mountains of Korea, and manned the outposts of the Cold War. We will remember those who served in the jungles of Vietnam, and on the sands of the Persian Gulf. In each of these conflicts, Americans answered danger with incredible courage. We were equal to every challenge. And now, a great mission has been given a new generation -- our generation -- and we vow not to let America down.”

I agree with our President, but I believe we must honor our veterans not just one day a year, but every day of the year. We can truly honor our veterans best by providing them the benefits and services they have earned through their selfless service on our behalf. As a nation we have a moral obligation to do so. We can do no less if we truly honor our Nation’s veterans.

Public Law 107-11
H.R. 1696 – To expedite construction of the World War II Memorial in the District of Columbia

Requires the American Battle Monuments Commission to proceed expeditiously with the construction of the National World War II Memorial at the dedicated Rainbow Pool site in the District of Columbia. Declares that decisions pertaining to the memorial’s design and construction that have not been approved as of the date of enactment shall be considered approved under the Commemorative Works Act. Prevents from further judicial review certain past decisions and actions regarding the memorial’s site and design by the Commission of Fine Arts, the National Capital Planning Commission, and the Department of Interior.

Public Law 107-14
H.R. 801 – Veterans’ Survivor Benefits Improvements Act of 2001

House Report 107- 27. Passed the House as amended under suspension by voice vote on March 27, 2001. Passed the Senate, amended, on May 24, 2001. House agreed to Senate amendment on May 24, 2001. Signed into law on June 5, 2001.

Ø Provide a retroactive increase from $200,000 to $250,000 effective October 1, 2000, of the maximum Servicemember Group Life Insurance (SGLI) benefit for survivors of servicemembers who lost their lives in the performance of duty and were previously insured for the maximum benefit.

Ø Require VA to ensure that eligible dependents are made aware of VA services through media and veterans publications. For purpose of VA outreach programs, defines an eligible dependent as the spouse, surviving spouse, child, or dependent parent of a servicemember/veteran.

Ø Provide eligibility for benefits under CHAMPVA for veterans’ survivors who are eligible for hospital insurance benefits under the Medicare program.

Ø Contain technical amendments to the Montgomery GI Bill statute and miscellaneous technical amendments.

Ø Amend the title of the bill to be, “Veterans’ Survivor Benefits Improvements Act of 2001”.

H.R. 2716, as amended - Stuart Collick – Heather French Henry Homeless Veterans Assistance Act Amends title 38, USC to revise, improve, and consolidate provisions of law providing benefits and services for homeless veterans.

Ordered reported with an amendment in the nature of a substitute by the Committee on Veterans Affairs, October 16, 2001. H. Rept. 107-241. Passed the House amended under suspension by voice vote on October 16, 2001. Senate bill, S. 739 ordered to be reported favorably with an amendment in the nature of a substitute by the Senate Committee on Veterans Affairs on August 2, 2001. Sen. Rockefeller reported S. 739 on October 11, 2001. (S. Rept. 107-82)

Ø Provides that this bill may be cited as the “Stuart Collick – Heather French Henry Homeless Veterans Assistance Act”.

Ø Establishes a national goal to end chronic homelessness among veterans and encourage all governmental and private agencies to work together to achieve this goal.

Ø Provides a “Sense of Congress” regarding the needs of homeless veterans and the responsibility of federal agencies in meeting those needs.

Ø Consolidates and improves laws relating to homeless veterans into a new chapter of title 38, United States Code, to include provisions (1) to increase per diem payments for the care of homeless veterans by community providers to the rates paid to state home domiciliaries; (2) authorize appropriations for the Homeless Veterans’ Reintegration Program; and (3) coordinate outreach services among agencies dealing with homeless individuals, and undertake an outreach demonstration program within VA. Other provisions would authorize establishment of a grant program for homeless veterans with special needs, limited dental care for veterans using VA homeless programs, technical assistance to nonprofit community based groups, and to establish an Advisory Committee on Homeless Veterans.

Ø Establishes evaluation centers for programs that serve homeless populations and requires annual program assessments to be submitted to Congress.

Ø Requires a study of outcome effectiveness of grant program for homeless veterans with special needs.

Ø Requires VA to develop a standard for access to mental health services; expands the comprehensive homeless services program; and expands opioid substitution therapy to every VA medical center.

Ø Requires Disabled Veterans’ Outreach Program Specialists and Local Veterans’ Employment Representatives to coordinate employment services with entities receiving financial assistance under Homeless Veterans’ Reintegration Programs.

Ø Establishes priorities for homeless programs when VA considers disposing of real property or entering into enhanced-use lease arrangements.

H.R. 2792, as amended, Disabled Veterans Service Dog and Health Care Improvement Act of 2001 Amends title 38, United States Code, to authorize the Secretary of Veterans Affairs to make service dogs available to disabled veterans and to make various other improvements in health care benefits provided by the Department of Veterans Affairs.

Ordered reported with an amendment in the nature of a substitute by the Committee on Veterans Affairs, October 16, 2001. H.Rept. 107-242. Passed the House amended under suspension by voice vote on October 16, 2001. Senate bill, S. 1188 contains similar language as HR 2792 relating to the recruitment and retention of qualified nurses for the Veterans Health Administration. S. 1188 was ordered to be reported favorably with an amendment in the nature of a substitute by the Senate Veterans Affairs Committee on August 2, 2001. Sen. Rockefeller reported S. 1188 with an amendment in the nature of a substitute and an amendment to the title on October 10, 2001. (S. Rept. 107-80)

Ø Authorizes service dogs to be provided by VA to a veteran suffering from spinal cord injuries or dysfunction, other diseases causing physical immobility, hearing loss or other types of disabilities susceptible to improvement or enhanced functioning in activities of daily living through employment of a service dog. Service dogs would be provided in accordance with existing priorities for all VA health care services.

Ø Strengthens the mandate for VA to maintain capacity in specialized medical programs for veterans by requiring each Veterans Integrated Service Network to maintain a proportional share of national capacity in certain specialized health care programs for veterans (those with serious mental illness, including substance use disorders, and spinal cord, brain injured and blinded veterans; veterans who need prosthetics and sensory aids); and extend capacity reporting requirement for three years.

Ø Modifies VA’s system of determining nonservice-connected veterans’ “ability to pay” for VA health care services by introducing (generally as an upper income bound compared to current income limits) the “Low Income Housing Index”, used by the Department of Housing and Urban Development (HUD) to determine family income thresholds for HUD housing assistance eligibility. This change in law would be phased in with no VISN experiencing greater than five percent change in funding allocation than would otherwise occur.

Ø Requires Secretary of Veterans Affairs to assess all special telephone services made available to veterans, such as “help lines” and “hotlines.” The assessment would include geographical coverage, availability, utilization, effectiveness, management, coordination, staffing, cost, and a survey of veterans to measure effectiveness of these telephone services and future needs. A report to Congress would be required within one year of enactment.

Ø Extends expiring authorities for VA to collect proceeds from veterans’ health insurance policies for care provided for non-service connected care.

Ø Requires the Secretary to carry out an evaluation of feasibility of furnishing service-connected, VA enrolled veterans with an emergency-response system that provides an individual veteran’s location through a global positioning system.

Ø Establishes a VA chiropractic services program, to be implemented in a 5-year period; authorizes VA to employ chiropractors as federal employees and obtain chiropractic services through contracts; creates a VA Advisory Committee on Chiropractic Health Care; authorizes chiropractors to function as VA primary care providers; authorize appointment of a director of chiropractic service reporting to the Secretary, with the same authority as other service directors in the VA health care system.

Ø Establishes a National Commission on VA nursing, consisting of 12 members appointed by the Secretary; their review would include legislative and organizational policy changes to enhance recruitment and retention of nurses and assess future of the nursing profession in the VA. Report to Congress within two years of establishment.

H.R. 2540, as amended – Veterans Benefits Act of 2001
Amends title 38, USC, to make various improvements to veterans benefits programs under laws administered by the Secretary of Veterans Affairs.

Ordered reported amended by the Committee on Veterans Affairs July 19, 2001. H. Rept. 107-156. Passed the House amended under suspension by vote of 422-0 on July 31, 2001. Senate bill, S. 1088 ordered reported favorably with an amendment in the nature of a substitute by the Senate Committee on Veterans Affairs on August 2, 2001. Sen. Rockefeller reported S. 1088 with an amendment in the nature of a substitute and an amendment to the title on October 15, 2001. (S. Rept. 107-86)

Effective December 1, 2001, provides a cost of living adjustment to the rates of disability compensation for veterans with service-connected disabilities and to the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans. (The percentage amount would be equal to the increase for benefits provided under the Social Security Act, which is calculated based upon changes in the Consumer Price Index).

Adds Diabetes Melllitus (Type 2) to the list of diseases presumed to be service-connected for Vietnam veterans exposed to herbicide agents.

Effective April 1, 2001, expands the definition of undiagnosed illnesses for Persian Gulf War veterans to include fibromyalgia, chronic fatigue syndrome, and chronic multi-symptom illness and any other illness that cannot be clearly defined. (Signs or symptoms that may be a manifestation of undiagnosed illness would include fatigue, unexplained rashes or other dermatological signs or symptoms, headache, muscle pain, joint pain, neurologic signs or symptoms, neuropsychological signs or symptoms, signs or symptoms involving the upper or lower respiratory system, sleep disturbances, gastrointestinal signs or symptoms, cardiovascular signs or symptoms, abnormal weight loss, and/or menstrual disorders).

Authorizes the Secretary of Veterans Affairs to protect the grant of service-connection of a Persian Gulf War veteran who participates in a Department of Veterans Affairs sponsored medical research project.

Extends the presumptive period for providing compensation to Persian Gulf veterans with undiagnosed illnesses to December 31, 2003.

Allows the Court to impose registration fees on persons participating in Court-sponsored activities, including judicial conferences.

Provides the Court with the authority to use practice and registration fees for the purposes of disciplinary matters, and for defraying the expenses of judicial conferences and other activities to support and foster bench and bar relationships, veterans’ law or the work of the Court.

Authorizes the Secretary to pay unclaimed National service Life Insurance and United States Government Life Insurance proceeds to an alternate beneficiary when the first beneficiary cannot be located within three years of the death of the insured. After five years, the proceeds could be paid to a beneficiary whom the Secretary determines is equitably entitled to the proceeds, if no named beneficiary can be located.

Extends to September 30, 2006, the copayment requirement for outpatient prescription medications.

Makes the availability of funds from the Department of Veterans Affairs Health Services Improvement Fund subject to appropriations effective October 1, 2002.

Extends to December 31, 2005, VA’s direct home loan program for Native American veterans living on trust lands, and eliminates the requirement for VA to have a separate memorandum of understanding (MOU) with tribal authorities if another federal agency has an MOU which substantially complies with VA’s requirement.

Eliminates the requirement for veterans to furnish the Secretary of Veterans Affairs with a copy of the notice of appeal filed with the US Court of Appeals for Veterans Claims.

Requires the Secretary to establish a two-year nationwide pilot program to expand the available hours of VA’s 1-800 toll-free information service (to include information on all federal veterans’ benefits administered by each state), and to assess the extent to which a demand for such service exists. The pilot would begin six months after date of enactment.

Codifies recurring provisions in annual Department of Veterans Affairs Appropriations Acts.

H.R. 1291- 21^st Century Montgomery GI Bill Enhancement Act
Amends title 38, USC, to increase the amount of educational benefits for veterans under the Montgomery GI Bill.

A gradual increase in the monthly education benefit to $1100 per month (nine months a year) in fiscal year 2004 is provided. Eventually this will be a 70% increase in veterans’ education benefits as compared to current law.

However, even after this increase has been fully phased in over a period of years, veterans' education benefits will only provide a small percentage of the expected average annual costs of college.

In fiscal year 2005, for example, it’s been estimated H.R. 1291 will provide only one-third of the average annual cost of higher education (tuition, fees, books, supplies and a monthly living stipend).

Rep. Lane Evans had planned to offer H.R. 320 (see above under Status of Pending Legislation) as an amendment in the nature of a substitute during Subcommittee Committee markup of H.R. 1291. H.R. 320, cosponsored by nearly 150 Members, provides full tuition, fees, books, supplies, and an annual living stipend ($7200 per year initially) in exchange for four years of military service. Lesser benefits would be available for shorter terms of enlistment. H.R. 320, co-authored by Lane Evans and John Dingell, is based on recommendations of the Principi Commission, which was chaired by the current Secretary of Veterans Affairs, Tony Principi.

Chairman Smith discharged the Committee from further consideration of H.R. 1291, preventing consideration of the planned Evans amendment by the Benefits Subcommittee or by the full Committee. H.R. 1291 was then considered and passed by the House under suspension of the rules.

H.R. 811, as amended – Veterans Hospital Emergency Repair Act
Ordered reported amended by the Committee on Veterans’ Affairs on March 21, 2001. H. Rept. 107-28. Passed the House amended under suspension by vote of 417-0 on March 27, 2001. Waiting Senate action.

Ø Provides the Department of Veterans’ Affairs authorization for, and authorizes appropriations to support, major medical facilities construction projects in fiscal years 2002 and 2003.

Ø Authorizes the Secretary of Veterans Affairs to carry out major medical facility construction projects in fiscal years 2002 and 2003, and would authorize appropriations of $250 million for any single project. (The Secretary could select two seismic correction projects in each of the two years estimated to cost up to $30 million)

Ø Limits the type of projects that could be funded under this authority to projects that would improve, replace, renovate, or update facilities, including research facilities for patient safety, seismic protection, privacy, and accommodation for disabilities.

Ø Authorizes the Secretary to improve the various high-priority special disabilities programs of the Department.

Ø Requires the Secretary to consider recommendations of VA’s independent board that reviews capital investment proposals in selecting projects under this authority.

Ø Permits the Secretary to use the Advance Planning Fund to design projects selected under the purposes of this bill.

Ø Requires the Secretary and the Comptroller General to make reports to Congress on projects selected under this authority, their purposes and costs, the results of the authorization process, and recommendations for amending or extending this authority, and other appropriate recommendations.

H.R. 320 - Montgomery GI Bill Improvement Act of 2001
Amends title 38 USC to improve benefits under the Montgomery GI Bill by establishing an enhanced educational assistance program, increasing the amount of basic educational assistance, repealing the requirement for reduction in pay for participation in the program, and authorizing the Secretary of Veterans Affairs to make accelerated payments of basic educational assistance.

H.R. 442 – Increase in Home Loan Guaranty Amount for VA Home Loans
Amends title 38 USC to increase the amount of the maximum home loan guaranty from $50,750 to $63,175 thereby increasing the maximum amount a veteran can receive under a VA home loan.

H.R. 609 – Veterans’ Compensation Equity Act of 2001
Permits service-disabled former military personnel who are retired with 20 or more years of creditable service and are age 65 or older to be paid both military retired pay and veterans’ service-connected disability compensation.

H.R. 936 – Heather French Henry Homeless Veterans Assistance Act of 2001
Amends title 38, USC to improve programs for homeless veterans, and encourages all Federal, State, and local departments and agencies and other entities and individuals to work toward the national goal of ending homelessness among veterans within a decade.

Ø Establishes within the Department the Advisory Committee on Homeless Veterans.

Ø Mandates evaluations and reports of mental health programs and requires and annual report to Congress on VA’s programs addressing the health care needs of homeless veterans.

Ø Assigns veterans receiving continuous care provided in, or sponsored or coordinated by, the Department to the resource allocation category designated as “complex care” within the Veterans Equitable Resource Allocation system.

Ø Requires the Secretary to apply the same per diem rate available to state home domiciliaries to community-based providers receiving per diem payments for homeless veterans.

Ø Establishes a grant program for programs targeted at meeting certain special needs of homeless veterans.

Ø Requires VA to initiate a plan for joint outreach to veterans at risk of homelessness.

Ø Establishes treatment trials in integrated mental health services delivery and ensures that each Department primary care facility has a mental health treatment capacity.

Ø Establishes a program of transitional assistance grants to eligible homeless veterans.

Ø Makes technical assistance grants to aid nonprofit community-based groups in applying for homeless program grants.

Introduced on March 28, 2001, HR 936 has the support of 133 cosponsors. Provisions included in HR 2716, the Stuart Collick – Heather French Henry Homeless Veterans Assistance Act.

H.R. 1541- Vietnam Veterans Children’s Disability Act
Amends title 38, USC, to provide the Secretary of Veterans Affairs authority to furnish certain benefits for certain diseases occurring in children of Vietnam-era veterans upon a determination that such diseases have a positive association with parental exposure to a herbicide agent.

The bill directs the Secretary of Veteran Affairs to (1) identify diseases occurring in children of Vietnam veterans or other veterans that have a positive association with parental exposure to an herbicide agent before the date of the child’s conception; (2) include acute myelogenous leukemia (AML) among such diseases; (3) provide needed health care for such children’s covered diseases or any associated disabilities; and (4) pay a monthly allowance to such children for any disability resulting from a covered disease, to be based on the degree of disability. It also authorizes the Secretary to provide vocational training to such children if the achievement of a vocational goal is reasonably feasible.

H.R. 1587 – Agent Orange Respiratory Cancer Act of 2001
Amends title 38, USC, to repeal the 30-year manifestation period for a presumption of service-connection for respiratory cancers occurring in veterans who served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975. The National Academy of Sciences recently found that there is no current scientific basis for setting an upper time limit for the development of such cancers.

H.R. 1957- The Justice for Atomic Veterans Act of 2001
Adds a presumption of service-connection for atomic veterans who suffer from certain disabilities associated with exposure to ionizing radiation.

The legislation would also authorize the Secretary of Veterans Affairs to designate additional activities, such as atomic testing at Amchitka Island, as radiation risk activities.

H.R. 2095 – Reservist VA Home Loan Fairness Act of 2001
Amends title 38, United States Code, to provide for uniformity in fees charged to qualifying members of the Selected Reserve and active duty veterans for home loans guaranteed by the Secretary of Veterans Affairs.

H.R. 2222- Veterans Life Insurance Improvement Act of 2001
Allows for payment of veterans’ life insurance benefits to an alternate beneficiary when the primary or secondary beneficiary has not filed a claim within certain time periods. VA is currently holding a number of unpaid proceeds because no beneficiary has claimed the proceeds. The bill also improves life insurance benefits for severely disabled service-connected veterans.

H.R. 3087, the Veterans’ Pension Improvement Act of 2001
Amends title 38, Unites States Code, to provide that veterans who are 65 years of age or older shall be eligible for pension benefits under laws administered by the Secretary of Veterans Affairs without regard to disability.

H. Con. Res. 238
Expressing the Sense of Congress that States should require candidates for drivers license to demonstrate an ability to exercise greatly increased caution when driving in the proximity of potentially visually impaired individuals.

H.R. 3173, the Servicemembers and Military Families Financial Protection Act of 2001
Amends the Soldiers’ and Sailors’ Civil Relief Act of 1940 and title 38, United States Code, to improve benefits for veterans.

Veterans Day – November 11, 2001

Public Law 107-14 H.R. 801 – Veterans’ Survivor Benefits Improvements Act of 2001

Public Law 107-14
H.R. 801 – Veterans’ Survivor Benefits Improvements Act of 2001