Immediate Benefits for Wounded Warriors Act of 2007

Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 3023) to amend title 38, United States Code, to improve and enhance compensation and pension, housing, labor and education, and insurance benefits for veterans, and for other purposes, as amended.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, obviously we rise in strong support of S. 3023, as amended, the Veterans' Benefits Improvement Act of 2008. Just by the listing of the title of the bill, you see how wide ranging this legislation is.

We have, Madam Speaker, 24 million veterans in this country, over 2.5 million of which receive disability compensation benefits from the Department of Veterans Affairs. Upon filing a claim for disability compensation at the VA, our veterans and their dependents face increased waiting times, along with an increasingly adversarial claims processing system.

From 2002 up until 2007, the backlog of disability claims rose from 250,000 to nearly 650,000 claims pending. That is an insult to the veterans who have served this Nation. During the same period, the VA consistently missed its performance targets on nearly all compensation and pension claims processing fronts.

These problems are not new. General Omar Bradley, who was a Director of the Veterans Administration after World War II, in the mid-50s said in a comprehensive report that ``the dominant problems are the carryover from past decades of a backward-looking pension philosophy and our failure to adjust the existing veterans programs to fundamental changes in our society.''

This quote is pretty striking, because the same thing could be said of the claims processing system 50 years later.

After nearly 2 years of oversight hearings, informed by numerous reports examining these issues, the committee, led by our colleague John Hall of New York, who chairs the Disability Assistance and Memorial Affairs Subcommittee, set out to transform this broken and outdated system. He introduced and our House subsequently passed the Veterans Disability Benefits Claims Modernization Act of 2008, H.R. 5892, which would comprehensively modernize VA's claim processing system. This legislation is the cornerstone of this Senate bill, S. 3023.

Mr. Hall's efforts included contributions from our colleagues from the committee. Joe Donnelly of Indiana introduced the Immediate Benefits for Wounded Warriors Act of 2007, H.R. 4219; Congressman Space of Ohio introduced the Veterans Disability Fairness Act, H.R. 5709; and Congressman Hare of Illinois ensured that mental health was an issue that was captured in language throughout the bill. All of these Members, Madam Speaker, are new Members of our Congress, and they have taken a vigorous and active role in their work, as illustrated in this bill.

Congressman Gutierrez from Illinois and Congresswoman Corrine Brown from Florida introduced H.R. 674, which alerted us not to let the Advisory Committee on Minority Veterans sunset. And Congresswoman Carol Shea-Porter, another new Member from New Hampshire, has led the charge to spare families from VA debt collection.

So this bill will arm the VA with a lasting blueprint to transform its

claims processing system using integrated and modern information technology platforms and an updated rating schedule, with tools to improve the accountability, timeliness and quality of adjudicated claims. It will establish an Office of Survivors Assistance, and at last allow survivors to step into the shoes of deceased veterans to pursue pending claims and appeals.

Madam Speaker, we will finally tackle the central issues that have led to an unmanageable claims backlog, delays in processing, avoidable errors, inconsistencies in ratings and lack of accountability in a system that amounts to a ``system of injustice'' for our veterans.

This bill will help modernize the VA claims processing system and assist it in becoming a 21st century, world-class entity that reflects the selfless and priceless sacrifices of those it serves, our veterans, their families and survivors.

I would point out a pilot program that we will start on disability claims that takes as a model--and it may be surprising to say this, Madam Speaker--the IRS, our Internal Revenue Service, which for many years was very dysfunctional, but now, if you file your claim for a tax refund, you will get a check in 3 weeks because they send out the check on receipt of your tax return, but it's subject to audit.

So why not take that same process if your claim is documented fully and if you have help from a Certified Veteran Service Officer? There are thousands around the country. We will send out the check upon receipt, subject to audit. I think that's the way to clean up the backlog and to say to our veterans, yes, we understand your needs, and we are going to meet them.

In addition, Madam Speaker, I was contacted by veterans who are concerned that the VA does not have enough slots for veterans to participate in its so-called Independent Living Program. That program allows injured veterans to obtain meaningful employment, and it allows them to live independently while they heal from their wounds. So we have introduced a bill to allow 100 Independent Living Program slots to be available. I'm proud that this language was included in legislation that will ensure that the services needed by our veterans are available when they're required.

Madam Speaker, when we passed the so-called 21st century GI Bill some months ago, that was a great improvement in the educational benefits for our younger veterans, especially for those returning from Iraq and Afghanistan. Starting the next school year, they'll be able to draw on those new benefits, but we are trying to model that GI Bill on the GI Bill of 1944, which had so much influence on making America's middle class.

Part of that bill of 1944 had a home loan guaranty program. I'm here because of that program. My dad was able, after he came back from the war, to buy a house in New York for $2,000. We were finally members of the middle class.

We didn't include that part in that GI Bill, but we include it here. We are going to raise the values for veterans' loans. We are going to raise the value at which a refinance can take place. We are going to reduce the fees and the equity requirements, and will make the VA home loan program, again, relevant to veterans today, especially to those who are experiencing a crisis right now. They will be able to go to the VA and get a good deal on refinancing their home loans, a deal they couldn't have gotten before this passed. So I think this will be, again, a great benefit for thousands of our veterans around the country.

We also have a provision in this bill by Representative Ciro Rodriguez, who is a distinguished member of our committee, to update housing construction and design guidelines furnished to contractors. He will talk about that in a few minutes.

Again, I want to make special mention of the cooperation of my ranking member, Mr. Buyer of Indiana. What we did in working together was to provide legislation, that I'm sure he will talk about, to give VA assistance to the Paralympics program, which has been so successful in assisting veterans and servicemembers in their rehabilitation efforts. That language is in here. Through this program, we give a sense of self-worth and a sense of confidence to veterans who are severely injured.

Mr. Buyer has a special interest in that. In fact, if we're not in session next week, I think he's going to visit part of that program that's being carried out in California. He's going to my district. He doesn't realize what kind of welcome we have ready for him, but we'll leave that to his imagination. It's going to strengthen our commitment to caring for the servicemembers by helping them heal from the wounds of war so they can be active members and have the confidence to do that.

We also have language similar to that introduced by Congressman Patrick Murphy of Pennsylvania that will extend Servicemembers Civil Relief Act protections to enable servicemembers with deployment orders to more easily terminate or to suspend cell phone contracts without fee or penalty. It sounds like a little thing, but it's big in the lives of young people who have to face deployment. We're trying to tackle not only the big things but also these little irritants that affect our active duty and our veterans.

Congressman Boozman from Arkansas worked on legislation that closes the loophole in the Service-Disabled Veteran-Owned Small Business Program. We clarify our intent by extending disabled veterans' small business contracting provisions to the maximum extent possible to cover agents purchasing goods and services on behalf of the VA.

On the Subcommittee on Economic Opportunity, Chairwoman Stephanie Herseth Sandlin and her ranking member, Mr. Boozman, introduced a bill, which is also included in this legislation, to authorize the VA's Secretary to advertise in national media outlets to make sure that veterans are informed of their benefits.

So you see, Madam Speaker, we have some very big things and some smaller things, but again, in working together, our committee was able to significantly affect the quality of life for our 25 million veterans in this country.

I would reserve the balance of my time.

Madam Speaker, when Mr. Hall from New York arrived as a new Member last year and got thrown into looking at the VA disability claims system, he resolved that this had to be fixed. Two-years' worth of work is reflected in this bill. A big chunk of the bill comes from Mr. Hall.

We are so proud of the work you've been able to do, and we look forward to its helping millions and millions of veterans. Thank you. I would recognize Mr. Hall for as much time as he may consume.

Madam Speaker, I yield to the gentleman from Texas (Mr. Rodriguez), another great member of our committee, for such time as he may consume.

Madam Speaker, I recognize another new member of our committee, but again a very aggressive, active member, the gentleman from Indiana (Mr. Donnelly), for 4 minutes.

Madam 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 S. 3023, as amended.

Madam Speaker, I yield myself such time as I may consume.

I rise in support of S. 3023, as amended, the Veterans' Benefits Improvement Act of 2008. The manager's amendment before us is a compilation of the bipartisan provisions of 11 bills from both the House and the Senate Committees on Veterans' Affairs.

I would like to thank Chairman Filner, Chairman Akaka and Ranking Member Richard Burr for their cooperative efforts in bringing this bill forward to serve our Nation's veterans.

I would also like to acknowledge the hard work of both the House and the Senate staff. Our Subcommittee on Economic Opportunity is chaired by Stephanie Herseth Sandlin and by Dr. John Boozman as ranking member. Both of them together have a proven track record of working in a bipartisan manner to ensure that veterans who are leaving active duty have meaningful career opportunities and the skills needed to pursue those opportunities.

Our Subcommittee on Disability Assistance and Memorial Affairs has also demonstrated its dedication to working on behalf of our Nation's veterans. I want to thank Chairman Hall and Ranking Member Lamborn for their hard work and bipartisanship in their efforts.

Madam Speaker, S. 3023 incorporates over 60 veterans' provisions that have passed either the House or the Senate, and that's what had to be negotiated here between the two bodies. Clearly, time doesn't permit me to expand on every one of these provisions, but I'd like to highlight just a few.

I am pleased that the Department of Labor will be required to collect data on the employment needs of Native Americans. The Department of Veterans Affairs will begin a 20-year longitudinal study of veterans who participate in the VA's Vocational Rehabilitation Program. This measure would also increase the time to 20 years that spouses of deceased or 100 percent service-connected disabled veterans have to use their education benefits.

There are provisions that extend the temporary increases in VA- conforming loan limits in the stimulus act of 2011 and that reduce equity requirements for VA-guaranteed refinancing loans. As well, there are provisions that

renew the adjustable and hybrid adjustable loan programs for another 4 years.

This bill expands the servicemember protections under the Servicemembers Civil Relief Act in several ways. It also clarifies the VA's authority to purchase advertising as part of outreach efforts.

Madam Speaker, for me, one of the most exciting parts of the bill would authorize a new program at the VA to promote the increased participation by disabled veterans in adaptive sports. That is what the chairman was referring to. The bill would direct the VA to expand its cooperative sports activities with the United States Paralympics, and it would authorize $8 million to be used for grants to support an integrated adaptive sports program managed by the United States Paralympics and by partners such as the Disabled Sports USA, Blaze Sport, the National Parks Recreation Association, the Paralyzed Veterans of America, and the Disabled American Veterans.

I want to thank Chairman Filner for his mutual interest in the disabled sports and for his efforts to ensure this bill was included.

Chairman Filner, your leadership here, not only for the United States Olympic Committee's being out in Chula Vista, is extremely important in making this a reality. So I appreciate your support, not only of our Olympic Committee but also for the fact that this has become a reality. So, because of your leadership and for the fact that we were able to take our mutual interests and to bring them together to serve a greater need, I applaud your leadership.

The United States Paralympic Team that competed in Beijing included 13 disabled veterans, several of whom were wounded in the war on terror. Now, a few years back, I visited Chula Vista. This was years back when the United States Olympic Committee had a very large board, and we had individuals who were really positioning to profitize off of the Olympic ideal, and it was very disturbing to me. We had a series of ethical blunders that occurred at the Olympic Committee. It was the Olympic Committee's darkest hour.

I came back to Congress. I met with Cliff Stearns at the time, who was on the Energy and Commerce Committee. He helped set a course for the reorganization of the United States Olympic Committee at a time when also then Senator McCain took action in the Senate and when the Olympic Committee also then created its own task force. The Olympic Committee had reorganized itself. We went into the past Olympics. Everyone was pulling on the rope in the same direction. It was very exciting. I took that relationship that had developed with the United States Olympic Committee and brought them to the VA to develop these sports programs.

The whole intent of not only this legislation but of what Chairman Filner is embracing is to use sports as a platform of healing, and I think that is extremely important. What we have done here is: As for these 13 disabled veterans who just returned from the Paralympic Games in Beijing, this group of wounded warriors produced four gold medals, three silver medals and three bronze medals. So I'm pretty excited about these spectacular Americans.

It's the wave of the future when disabled veterans who are competing with artificial limbs or with spinal cord dysfunctions will be commonplace. The program we are implementing here today will be the seed for the VA and for its partners to nurture and grow.

So I want to thank Chairman Filner for his leadership on this. This is so meaningful. I look forward next week to coming out to your district, Chairman Filner, and to going out to Chula Vista, out to the U.S. Olympic Training Center with the Secretary of the VA. Hopefully, you'll have an opportunity to be there. I'm pretty excited about these sports programs.

In Senate 3023, we will also enhance and improve veterans' benefits and the system that administers them. Such revisions include measures to increase the accuracy and the timeliness of benefit claims decisions and to enhance the VA's use of information technology. It will also look at VA disability compensation to ensure due consideration is afforded to veterans for their loss of earnings and their quality of life.

This is something that Senator Burr and I had introduced in a measure in response to not only the recommendations of the Disability Commission but also in response to the recommendations of the Presidential task force of Senator Dole and former Secretary Shalala.

The bill would also improve benefits for the survivors of deceased veterans. For instance, it would allow the substitution upon the death of a claimant for the purpose of acquiring benefits. That was Mr. Lamborn's provision.

The bill would also release survivors of deceased claimants of the frustration of the time-consuming process of starting the entire claims process from square one.

The bill would also create a VA Office of Survivors Assistance to ensure surviving dependents have access to benefits and to services and that such programs are responsive to the needs of survivors.

With that, Madam Speaker, I would like to reserve the balance of my time.

How did you do against them?

Madam Speaker, I yield myself such time as I may consume.

I would like to thank Chairman Hall and also Mr. Lamborn. I had asked the staff to go through this bill that we are looking at today, and I wanted to put authorship on all of the provisions so I get to see who are the authors of all of the provisions. So I want to thank Mr. Lamborn and Mr. Hall for their good work on the bill. Mr. Lamborn has a lot of authorship on a lot of different provisions.

But I see a lot of names in here. There is also Stephanie Herseth Sandlin and Dr. Boozman. These are two individuals who had a lot of years working together, and they define bipartisanship on the committee, Madam Speaker. They have a great work product.

Madam Speaker, at this time I yield to the gentleman from Arkansas (Mr. Boozman).

I would like to thank the gentleman for his leadership, and I reserve the balance of my time.

The gentleman may proceed. If he needs time, I will be more than happy to yield it.

I yield myself such time as I may consume.

I would like to extend compliments to the Speaker pro tem, the gentlelady from Ohio, for her attentiveness during this. As a former member of the Veterans' Affairs Committee yourself, and as a former chairwoman of one of the committees on Comp and Pen and Memorial Affairs, I appreciate your leadership here tonight.

I also would like to note that two members of the staff on the Republican side are not with us here tonight who gave tremendous contributions to both bills that we've had here tonight, on health and in benefits; that being the former Staff Director, Jim Lariviere and Jeff Phillips. Both of these individuals have been called to active duty, and both were promoted to Brigadier General. So Brigadier General Jim Lariviere tonight with the United States Marine Corps is on duty, and Brigadier General Jeff Phillips is also on duty with the United States Army. We recognize their contribution to these bills tonight, and wish them Godspeed and safety to themselves and their families.

With that, I want to express my appreciation to Chairman Filner and the leadership of your team and that of your staff, and to include my staff for their hard work and the cooperation with that of the United States Senate.

I yield back the balance of my time.

General Leave

Madam Speaker, I thank Chairman Filner and Ranking Member Buyer, and I would also like to thank Senator Akaka and Ranking Member Senator Burr from the Senate Veterans' Committee, and tell Mr. Buyer, I wish he could have been there when I was paddling kayaks with about 20 veterans from the Montrose VA Hospital on the Hudson River about 2 weeks ago. Some of them have lost their legs or lost the use of their legs. Some of them were whole of body, but suffering PTSD or other mental or psychological issues.

I did fine, and they did great. You can imagine in a kayak where it is arms and upper body, they can go where they want to go very fast; faster than I can. It is incredibly therapeutic. It wasn't not Olympic competition, but it is a perfect example of what you were talking about in terms of the therapeutic value of that program.

I am honored to be here with my distinguished colleagues in the House supporting Senate bill S. 3023, the Veterans' Benefits Improvement Act of 2008. And I am especially grateful that it contains all of the provisions from our Veterans' Disability Benefits Claims Modernization Act which I and other members of the subcommittee, including the ranking member, Congressman Lamborn, worked incredibly hard on in the Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs.

The bill really grew from the testimony of VSOs, individual veterans, employees of the VA, various stakeholders on these issues who came for a year to hearings and round tables and brought us their ideas. I would like to thank all of them for their contribution.

At the end of July I was told that the backlog of claims had reached 838,000 which is a shameful situation for our country which has so much technological and medical capability and capacity, to not be able to keep up with the combination of returning Iraq and Afghanistan veterans at the same time there is the maturing of our Vietnam veterans. And we still have vets from other conflicts who are coming in for care at the same time.

The backlog was predicted to reach a million cases by next year if we didn't do this, and so I am happy we are moving forward and not letting that happen. This Congress has done, in a week in which we had the financial disaster dropped in our lap, and I was afraid that this might all get put on the back burner, I am pleased that the staff worked as hard as they did, both House and Senate staff, full committee and subcommittee staff, and I think it is the right thing to do, not to make our

veterans wait for another 6 months because we are going to a new Congress and we have to resubmit the whole thing.

Today's VA claims processing system is labor-intensive and paper based. It relies on an archaic rating schedule and outdated medical concepts, practices that have been allowed to continue for too long unchecked and unaddressed. Too many opportunities for change have been missed, too many reports after reports have been shelved to collect dust.

This bill will comprehensively repair the VA disability benefits' system so that veterans and their survivors can receive accurate and timely assistance. The VA schedule by which veterans are rated for their disabilities needs to adhere to more modern medical practices and disability concepts, and should consider such factors as quality of life and earnings capacity.

VA management issues need to be addressed and inefficiencies corrected to enhance quality and performance. S. 3023 outlines procedures so veterans can expedite their claims when they have included all of the available evidence. It also codifies the VA's ability to render temporary ratings for undisputed, disabling severe injuries or illnesses.

Furthermore, the information technology enhancements in the bill require the VA to institute electronic systems and computer softwares that are commonplace in other aspects of our society. And I compliment Ranking Member Lamborn for his consistent advocacy of that portion in particular of this bill.

Veterans should benefit from the modern technological age that we live in, and an environmentally friendly, paperless process that can award claims in real-time, allow two offices that specialize in different aspects of the medical claims to be looking at the information at the same time.

Applying for VA benefits should be as easy as online banking, and that is what we are aiming to make it.

This bill also calls upon the VA to create a survivors' office. Although the VA's motto is ``to care for widows and orphans,'' it has never lived up to that visionary idealism of President Lincoln. That omission is rectified in this bill, especially important while so many military members are giving their lives in service to this country and leaving behind their beloved families.

In another measure to support survivors, the bill allows for the survivor to become the claimant when the veteran dies so that the pending claim can be adjudicated. It is a travesty that so many veterans die worried that they will be unable to provide for their families. Widows and dependent children are left aggrieved and abandoned by the country their spouses faithfully served just at the time when they are concerned about so many other adjustments being made in their lives and that their grief is still being processed at the same time.

A properly operating benefits system could prevent the ills that might befall a veteran. We must fight against suicide, divorce, bankruptcy, stigma, poverty and homelessness among our Nation's disabled veterans by providing to them the quality of life needs, providing them with parity among their peers, and elimination of stress they encounter in an adversarial and confusing claims processing system.

I envision S. 3023 as putting the VA on a 21st century track to lead the way to decisions that are made quickly and correctly. We must treat our Nation's veterans and their families with the dignity and respect that they deserve while restoring their faith in us. We must end the turmoil, alienation and injustice that they feel when they file a claim for their earned VA benefits by acting now.

I urge all Members to support this bill. I thank both Ranking Member Buyer and Chairman Filner.

Madam Speaker, as ranking member of the Veterans' Affairs Subcommittee on Economic Opportunity, I am delighted with the product of our negotiations with the Senate Veterans' Affairs Committee. This is an excellent bill, and I think we can declare a victory for America's veterans.

I want to especially thank Chairman Filner and Ranking Member Buyer. This truly is an excellent product, and I appreciate your leadership in bringing it all together.

I would also like to acknowledge the excellent bipartisan manner in which Chairwoman Herseth Sandlin has led the Subcommittee on Economic Opportunity. She has done a tremendous job, and I congratulate her for a successful 110th Congress, and look forward to reversing roles with her again next year.

S. 3023 has a wide range of improvements for employment, education, vocational rehabilitation, housing programs, and servicemembers' rights. This bill improves protections for our servicemembers under the Servicemembers Civil Relief Act, and we require training for Federal human resource officials to increase the number of veterans in our Federal workforce.

We will finally study the employment needs of Native Americans and increase the court's discretion when ruling on veteran's employment cases. Along with our disabled veterans, we owe so much to the spouses and children of those who lose their life while on active duty or become 100 percent disabled in service. Therefore, we extend the time to use their chapter 35 education benefits to 20 years.

Those who need vocational rehabilitation will find it easier to qualify for independent living. We will also require the VA to conduct a 20-year study on 3-year groups of veterans who use voc. rehab benefits to determine the effectiveness of those benefits.

The recent stimulus bill increased conforming loan limits for VA guaranteed loans, and we will extend those temporary limits through 2011. Under the temporary increased limits, VA may be able to guarantee up to nearly $730,000, depending on the location of the home.

We are also renewing the VA's authority to guarantee adjustable and hybrid adjustable rate loans. These types of loans are ideal for some veterans, and I am pleased we were able to renew VA's authority.

Disabled veterans will see increased opportunities in sports through an imaginative integrated adaptive sports program operated by VA, U.S. Paralympics, Inc., and partners such as Disabled Sports U.S.A., National Parks and Recreation Association, Blaze Sports, the DAV and Paralyzed Veterans of America. The program will support disabled athletes from the grassroots level through elite competition such as the recently completed Paralympic Games in Beijing.

Finally, there was some confusion at the VA regarding their authority to use funds for mass TV and radio advertising to promote veterans' benefits. S. 3023 makes it clear that VA will now have the authority to conduct advertising campaigns using modern media methods to reach more veterans.

Again, Madam Speaker, this is a great bill. I want to again thank our chairman, Mr. Filner, and our ranking member, Mr. Buyer, and also Chairwoman Herseth Sandlin for their great work in bringing this forward.

Madam Speaker, I rise today to speak on S. 3023, Veterans' Benefits Improvement Act of 2008. This bill is so important to our men and women who have served, are currently serving, or will serve one day.

As President John F. Kennedy once said, ``As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.'' Every day on this Floor, we praise the efforts of the soldiers who defend our way of life and our safety. If it is not time that we live by President Kennedy's words, and not just pay them lip service, when will it be?

Veterans face some of the greatest hardships that any of us can ever imagine. When they return from service, a large number of them can't acclimate back in to their life in an easy manner. This number goes up when you look at the members of the service who have seen action in one of the theatres that we have fought wars in. As of September 24, 2008, we have lost 4,125 men and women. As you all know, death is not the only sacrifice that these brave Americans make. Over 10 times that number of soldiers killed, 10 times that amount have been wounded. When they do return, they expect that the benefits they were promised are there to help them transition.

This bill provides a few things that will help the period of transition run smoothly. First off it says that veterans who need disability assistance can get it with ease. As anyone who has ever filled out a government form, they know that they were not designed with simplicity in mind. These forms often take trained professionals and a large amount of time to understand how and where to file this paperwork.

The current way to file is just as confusing as how you file other governmental forms. If this bill passes the Secretary of Veterans Affairs would be required to publish regulations relating to how people in need would request disability assistance. This bill would require clear and concise words as well as input from the public on what they think. The best way to prevent confusion is to get interested stakeholders to be brought into the process.

Second, this bill will standardize the process's time limits. No time limits on how long a person has to file claims exist today. This means that if the agency decides they want to deny a claim based on time, there is no mechanism to appeal. The 60 day deadline allows disabled veterans who are denied to fight back and get the coverage.

Our soldiers, and the patriotism that they inspire in Americans, need to be protected. This bill will help the veterans of the past, and the solders of the future, worry about their safety and not worry about what they will do when

they get home. We need to help these heroes out anyway we can.