Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 1627) to amend title 38, United States Code, to provide for certain requirements for the placement of…
Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 1627) to amend title 38, United States Code, to provide for certain requirements for the placement of monuments in Arlington National Cemetery, and for other purposes.
Mr. Speaker, I yield myself as much time as I might consume.
General Leave
Mr. Speaker, I ask unanimous consent that all Members would have 5 legislative days to revise and extend their remarks and add any extraneous material on the bill under consideration
As the chairman of the House Committee on Veterans Affairs, I rise in support of the Senate amendments to H.R. 1627. This is a comprehensive, bipartisan, bicameral legislative package to provide for the needs of veterans, their families and survivors through improved health care, housing, education, and memorial services.
In addition, the Senate amendments to H.R. 1627 would improve the accountability and transparency of the Department of Veterans Affairs, ensuring that VA is responsible to those it serves, our American veterans.
As the title of this bill implies, this legislation would authorize VA health care services for veterans and their families for certain illnesses that manifested as a result of exposure to water contamination at Camp Lejeune, North Carolina, during a 30-year span that ended in 1987.
I want to specifically acknowledge the efforts of retired Marine Master Sergeant Jerry Ensminger, whose dogged efforts to seek answers from the government and justice for the victims of the water contamination inspired this bill. In honor of Jerry's daughter, Janey, who died of leukemia at the age of 9 after time spent at Camp Lejeune when the water was contaminated, title I of this bill bears her name.
Finally, I thank Representative Brad Miller and Senator Richard Burr, the original sponsors of the Camp Lejeune legislation in the House and the Senate, for their leadership. And although this legislation represents a hard-fought victory, we must not forget those who are no longer with us to see it become law.
I think when Senator Burr said this, he said it best:
Unfortunately, many who were exposed have died as a result
and are not here to receive the care this bill can provide.
While I wish we could have accomplished this years ago, we
now have the opportunity to do the right thing for thousands
who were harmed during their service to our country.
And I couldn't agree more.
In addition to the veterans of Camp Lejeune, section 106 of this bill contains legislation the chairwoman of the Subcommittee on Health, Ms. Buerkle, introduced, H.R. 2074, the Veterans Sexual Assault Prevention Act. The section and her bill, which passed the House last year, would address the serious failure of the Department of Veterans Affairs to prevent and report sexual assault incidents and corresponding flaws in the security of their facilities. It creates a fundamentally safer environment for our veterans and VA employees by requiring an accountable and comprehensive oversight system.
I want to express my personal appreciation to Ms. Buerkle for her advocacy on behalf of women and all of our veterans. In just 2 short years, she has proven herself to be a committed and strong voice for servicemembers and veterans, not only in the State of New York, but across this country.
Her considerable expertise as a nurse, a lawyer, and a mother of six was the reason I chose her to be the chairwoman of the Subcommittee on Health, and I can tell you that in the roll that she has played, she has never wavered from doing what is right for all of our veterans.
The bill also includes several worthy legislative proposals to improve health care services brought forth from our Members on both sides of the aisle and in both Chambers, the House and in the Senate.
This bill also addresses several other areas where we will be able to expand and improve health care for veterans. It would allow for greater flexibility in VA payments to State veterans homes, break down barriers to care for veterans with traumatic brain injury, clarify the access rights of service dogs on VA property, and improve care for rural elderly and homeless veterans.
This bill also addresses several important matters related to veterans' housing. Because many of our returning wounded warriors need assistance modifying their residences to meet their needs, this bill would reauthorize and expand several provisions relating to the Specially Adapted Housing Grant Program.
These grants provide funding to eligible disabled veterans and servicemembers who adapt homes that they own or homes that they are currently living in to meet their daily needs. Adaptations can include grab bars in bathrooms, widening doorways for wheelchairs, or constructing a wheelchair ramp. These grants are imperative to affording veterans the level of independent living that they were accustomed to prior to their injury and that they may not be able to otherwise enjoy.
As many of us are aware, far too many of our veterans have found themselves on hard times and are homeless or are at risk for homelessness. To combat this problem, this bill would authorize funding for additional housing options for homeless veterans to help them gain stability and obtain access to other treatment and services that they may need from VA.
The next area of the bill would be in addressing education. We all know that we have provided a very generous benefit to the veterans in the post-9/11 GI Bill. The problem is that we have never really tracked the performance of the bill or if the benefits are effective in training veterans to be leaders of tomorrow. Therefore, this legislation would increase our oversight of post-9/11 educational benefits by requiring annual reports to Congress on the effectiveness of these benefits and how they're being utilized.
I want to thank my friend, Congressman Gus Bilirakis, for introducing this provision in H.R. 2274 and for his leadership on improving transparency for the post-9/11 GI Bill.
Another critical area addressed by this legislation is that of veteran benefits. Over the last 3 years, we've seen the disability claims backlog grow exponentially, with more than 900,000 claims now awaiting decisions. Fifty percent of those have been pending for a period of 125 days or more. Despite repeated promises from VA to break the backlog, it continues to grow.
Therefore, the provisions of this bill that address benefit matters will assist in processing claims more efficiently:
First, it would allow veterans to automatically waive regional office review of evidence submitted directly to the Board of Veterans Appeals for claims in appellate status;
Second, it would allow veterans in need of assistance with claims to have a signatory on their behalf assist them with the claims process;
Third, it would modernize VA's statutory duty to assist by authorizing electronic communications, potentially saving weeks in a claim's processing time;
Fourth, to alleviate the burdens of redundant paperwork, veterans would now be able to file jointly for Social Security and indemnity compensation;
Finally, to promote accountability of individual claims processors, VA would be required to present a plan in 6 months on how it will take corrective action when their employees need training to do their jobs well.
I want to thank my friend Mr. Runyan from New Jersey, the chairman of
the Subcommittee on Disability Assistance and Memorial Affairs, for his dedication to our Nation's veterans and for his focus on advancing legislation such as H.R. 2349, which will achieve measurable results in alleviating the backlog of claims.
While many of these provisions that I have discussed thus far have focused on our efforts to honor our commitment to the brave men and women who serve our Nation, including those transitioning from the recent conflicts in Iraq and Afghanistan, we must also continue our commitment to our fallen heroes. Accordingly, this bill also sets out specific criteria that prohibit disruptions and protests of funerals of members of the Armed Forces at VA national cemeteries and at Arlington National Cemetery, including the imposition of criminal and civil liability for violations of these restrictions.
In addition, given the sacred nature of Arlington National Cemetery, a name synonymous with honoring American freedom, this legislation would codify a prohibition on the reservation of grave sites at Arlington National Cemetery, with very limited exceptions. I worked closely with Mr. Runyan on this prohibition to ensure that many future generations of American heroes will be buried and honored at Arlington National Cemetery. I want to thank him again for his leadership on this issue and for originally introducing H.R. 1484.
Similarly, I introduced the original measure on H.R. 1627, which would place restrictions on the type and placement of monuments at Arlington National Cemetery due to the fact that the cemetery, itself, is a monument. Arlington National Cemetery is a unique national treasure. It is for this reason that this legislation is necessary to ensure that the integrity of the cemetery is preserved both in its utilization of land with the placement of monuments and with its allocation of grave sites.
Finally, this comprehensive legislative package also contains several miscellaneous provisions affecting our Nation's veterans. Although these areas may not receive as much attention, such as health care or benefits, they are no less important to improving the lives of the veterans of this country.
I want to thank the ranking member, Mr. Filner, as well as the chairman and ranking member of the Senate Committee on Veterans' Affairs, Senator Murray and Senator Burr, for their insight and cooperation on advancing this compromise bill today.
I want to reiterate that this bill is paid for both in its mandatory and discretionary costs via offsets that have been used many times by this committee and that have historically been supported by both sides of the aisle.
Finally, Mr. Speaker, I ask unanimous consent to insert a floor colloquy between me and the gentleman from Maine (Mr. Michaud).
Once again, I thank all of the members of the committee, as well as the staffs of the House and the Senate on Veterans' Affairs, for their work on this bill, and I urge all Members to support the Senate amendments to H.R. 1627.
With that, I reserve the balance of my time.
Mr. Speaker, the Committees have prepared an explanation of certain provisions contained in the amendment to H.R. 1627, as amended, to reflect a Compromise Agreement between the Committees. Differences between the provisions contained in the Compromise Agreement and the related provisions of the House Bills and the Senate Bills are noted in this document, except for clerical corrections, conforming changes made necessary by the Compromise Agreement, and minor drafting, technical, and clarifying changes. This Explanatory Statement is contained in the Congressional Record of July 18, 2012.
Mr. Speaker, I am happy to yield such time as she may consume to the chairwoman of the Subcommittee on Health, the gentlewoman from New York (Ms. Buerkle).
Mr. Speaker, how much time is remaining?
Mr. Speaker, I am happy to yield 2 minutes to the chairman of the Subcommittee on Economic Opportunity, Mr. Stutzman, from the great State of Indiana.
If I might inquire how many further requests for time the gentleman from Maine (Mr. Michaud) has.
I will reserve the balance of my time at this point.
Mr. Speaker, I have one other speaker that had a late train that I was trying to wait on, but apparently he is not going to be able to make it. So I am prepared to close after Mr. Michaud closes.
Mr. Speaker, if we could go ahead and do the colloquy at this time, that way we'll make sure it's in the Record.
I thank the gentleman for the question. It allows me to reassure those veterans and family members in the strongest terms possible that this language, which does
appear in section 1787(b)(3) of title 38 of the U.S. Code, absolutely does not--does not--require that any suit be filed under the Federal Tort Claims Act in order to secure this medical care as long as they meet the other requirements of the bill.
As you have noticed, that provision only requires exhaustion of ``reasonably available'' remedies. In the legislation, we are explicit that we want this care to be provided for family members even though at the present time, there is insufficient medical evidence to conclude that the illnesses or conditions listed in the bill are attributable to those exposures.
For this and other reasons surrounding litigation under the Federal Tort Claims Act, such an FTCA remedy can't be considered to be ``reasonably available.'' To require exhaustion under the Federal Tort Claims Act would go completely against the intent of this piece of legislation to make this medical care available to these family members for these conditions so long as VA is considered the final payer as far as other third-party health plans.
Mr. Speaker, I once again encourage all Members to support the Senate amendments to H.R. 1627, and I yield back the balance of my time.