[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4088 Reported in House (RH)]

                                                 Union Calendar No. 363

103d CONGRESS

  2d Session

                               H. R. 4088

                          [Report No. 103-668]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to provide a cost-of-living 
 adjustment in the rates of disability compensation for veterans with 
    service-connected disabilities and the rates of dependency and 
         indemnity compensation for survivors of such veterans.

_______________________________________________________________________

                             August 4, 1994

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 363
103d CONGRESS
  2d Session
                                H. R. 4088

                          [Report No. 103-668]

  To amend title 38, United States Code, to provide a cost-of-living 
 adjustment in the rates of disability compensation for veterans with 
    service-connected disabilities and the rates of dependency and 
         indemnity compensation for survivors of such veterans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1994

 Mr. Slattery introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

                             August 4, 1994

Additional sponsors: Mr. King, Mr. Bishop, Mr. Hefner, Mr. Richardson, 
  Mr. Stenholm, Mr. Payne of Virginia, Mr. Parker, Mr. Bilirakis, Mr. 
            Evans, Mr. Cramer, Mr. Montgomery, and Mr. Stump

                             August 4, 1994

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               17, 1994]

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to provide a cost-of-living 
 adjustment in the rates of disability compensation for veterans with 
    service-connected disabilities and the rates of dependency and 
         indemnity compensation for survivors of such veterans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans' Benefits 
Act of 1994''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of title 
38, United States Code.

    TITLE I--COST-OF-LIVING ADJUSTMENT IN RATES OF COMPENSATION AND 
                 DEPENDENCY AND INDEMNITY COMPENSATION

SEC. 101. DISABILITY COMPENSATION.

    Section 1114 is amended--
            (1) by striking out ``$87'' in subsection (a) and inserting 
        in lieu thereof ``$89'';
            (2) by striking out ``$166'' in subsection (b) and 
        inserting in lieu thereof ``$170'';
            (3) by striking out ``$253'' in subsection (c) and 
        inserting in lieu thereof ``$260'';
            (4) by striking out ``$361'' in subsection (d) and 
        inserting in lieu thereof ``$371'';
            (5) by striking out ``$515'' in subsection (e) and 
        inserting in lieu thereof ``$530'';
            (6) by striking out ``$648'' in subsection (f) and 
        inserting in lieu thereof ``$667'';
            (7) by striking out ``$819'' in subsection (g) and 
        inserting in lieu thereof ``$843'';
            (8) by striking out ``$948'' in subsection (h) and 
        inserting in lieu thereof ``$976'';
            (9) by striking out ``$1,067'' in subsection (i) and 
        inserting in lieu thereof ``$1,099'';
            (10) by striking out ``$1,774'' in subsection (j) and 
        inserting in lieu thereof ``$1,827'';
            (11) by striking out ``$2,207'' and ``$3,093'' in 
        subsection (k) and inserting in lieu thereof ``$2,273'' and 
        ``$3,187'', respectively;
            (12) by striking out ``$2,207'' in subsection (l) and 
        inserting in lieu thereof ``$2,273'';
            (13) by striking out ``$2,432'' in subsection (m) and 
        inserting in lieu thereof ``$2,504'';
            (14) by striking out ``$2,768'' in subsection (n) and 
        inserting in lieu thereof ``$2,851'';
            (15) by striking out ``$3,093'' each place it appears in 
        subsections (o) and (p) and inserting in lieu thereof 
        ``$3,185'';
            (16) by striking out ``$1,328'' and ``$1,978'' in 
        subsection (r) and inserting in lieu thereof ``$1,367'' and 
        ``$2,037'', respectively; and
            (17) by striking out ``$1,985'' in subsection (s) and 
        inserting in lieu thereof ``$2,044''.

SEC. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS.

    Section 1115(1) is amended--
            (1) by striking out ``$105'' in subparagraph (A) and 
        inserting in lieu thereof ``$108'';
            (2) by striking out ``$178'' and ``$55'' in subparagraph 
        (B) and inserting in lieu thereof ``$183'' and ``$56'', 
        respectively;
            (3) by striking out ``$72'' and ``$55'' in subparagraph (C) 
        and inserting in lieu thereof ``$74'' and ``$56'', 
        respectively;
            (4) by striking out ``$84'' in subparagraph (D) and 
        inserting in lieu thereof ``$86'';
            (5) by striking out ``$195'' in subparagraph (E) and 
        inserting in lieu thereof ``$200''; and
            (6) by striking out ``$164'' in subparagraph (F) and 
        inserting in lieu thereof ``$168''.

SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

    Section 1162 is amended by striking out ``$478'' and inserting in 
lieu thereof ``$492''.

SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.

    Section 1311 is amended--
            (1) in subsection (a)(1), by striking out ``$769'' and 
        inserting in lieu thereof ``$792'';
            (2) in subsection (a)(2), by striking out ``$169'' and 
        inserting in lieu thereof ``$174'';
            (3) in subsection (a)(3), by striking out the table therein 
        and inserting in lieu thereof the following:

      

                            Monthly                              Monthly
``Pay grade                    rate  Pay grade                      rate
    E-7.................       $817  O-3.....................       $923
    E-8.................        863  O-4.....................        976
    E-9.................     \1\901  O-5.....................      1,075
    W-1.................        836  O-6.....................      1,212
    W-2.................        869  O-7.....................      1,309
    W-3.................        895  O-8.....................      1,433
    W-4.................        947  O-9.....................      1,536
    O-1.................        836  O-10....................   \2\1,685
    O-2.................        863                                     
                                                                        
``\1\If the veteran served as sergeant major of the Army, senior        
  enlisted advisor of the Navy, chief master sergeant of the Air Force, 
  sergeant major of the Marine Corps, or master chief petty officer of  
  the Coast Guard, at the applicable time designated by section 402 of  
  this title, the surviving spouse's rate shall be $971.                
``\2\If the veteran served as Chairman or Vice Chairman of the Joint    
  Chiefs of Staff, Chief of Staff of the Army, Chief of Naval           
  Operations, Chief of Staff of the Air Force, Commandant of the Marine 
  Corps, or Commandant of the Coast Guard, at the applicable time       
  designated by section 402 of this title, the surviving spouse's rate  
  shall be $1,805.'';                                                   

            (4) in subsection (c), by striking out ``$195'' and 
        inserting in lieu thereof ``$200''; and
            (5) in subsection (d), by striking out ``$95'' in 
        subsection (c) and inserting in lieu thereof ``$97''.

SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

    (a) DIC for Orphan Children.--Section 1313(a) is amended--
            (1) by striking out ``$327'' in paragraph (1) and inserting 
        in lieu thereof ``$336'';
            (2) by striking out ``$471'' in paragraph (2) and inserting 
        in lieu thereof ``$485'';
            (3) by striking out ``$610'' in paragraph (3) and inserting 
        in lieu thereof ``$628''; and
            (4) by striking out ``$610'' and ``$120'' in paragraph (4) 
        and inserting in lieu thereof ``$628'' and ``$123'', 
        respectively.
    (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is 
amended--
            (1) by striking out ``$195'' in subsection (a) and 
        inserting in lieu thereof ``$200'';
            (2) by striking out ``$327'' in subsection (b) and 
        inserting in lieu thereof ``$336''; and
            (3) by striking out ``$166'' in subsection (c) and 
        inserting in lieu thereof ``$170''.

SEC. 106. EFFECTIVE DATE.

    The amendments made by this title shall take effect on December 1, 
1994.

        TITLE II--DISABILITIES RESULTING FROM HERBICIDE EXPOSURE

SEC. 201. CODIFICATION OF PRESUMPTIONS ESTABLISHED ADMINISTRATIVELY.

    Section 1116(a)(2) is amended by adding at the end the following 
new subparagraphs:
            ``(D) Hodgkin's disease becoming manifest to a degree of 
        disability of 10 percent or more.
            ``(E) Porphyria cutanea tarda becoming manifest to a degree 
        of disability of 10 percent or more within a year after the 
        last date on which the veteran performed active military, 
        naval, or air service in the Republic of Vietnam during the 
        Vietnam era.
            ``(F) Respiratory cancers (cancer of the lung, bronchus, 
        larynx, or trachea) becoming manifest to a degree of 10 percent 
        or more within 30 years after the last date on which the 
        veteran performed active military, naval, or air service in the 
        Republic of Vietnam during the Vietnam era.
            ``(G) Multiple myeloma becoming manifest to a degree of 
        disability of 10 percent or more.''.



          TITLE III--BOARD OF VETERANS' APPEALS ADMINISTRATION

SEC. 301. APPOINTMENT, PAY COMPARABILITY, AND PERFORMANCE REVIEWS FOR 
              MEMBERS OF THE BOARD OF VETERANS' APPEALS.

    (a) In General.--(1) Chapter 71 is amended by inserting after 
section 7101 the following new section:
``Sec. 7101A. Members of Board: appointment; pay; performance review
    ``(a) The members of the Board of Veterans' Appeals other than the 
Chairman (and including the Vice Chairman) shall be appointed by the 
Secretary, with the approval of the President, based upon 
recommendations of the Chairman.
    ``(b) Members of the Board (other than the Chairman and any member 
of the Board who is a member of the Senior Executive Service) shall, in 
accordance with regulations prescribed by the Secretary, be paid basic 
pay at rates equivalent to the rates payable under section 5372 of 
title 5.
    ``(c)(1) Not less than one year after the job performance standards 
under subsection (f) are initially established, and not less often than 
once every three years thereafter, the Chairman shall determine, with 
respect to each member of the Board (other than a member who is a 
member of the Senior Executive Service), whether that member's job 
performance as a member of the Board meets the performance standards 
for a member of the Board established under subsection (f). Each such 
determination shall be in writing.
    ``(2) If the determination of the Chairman in any case is that the 
member's job performance as a member of the Board meets the performance 
standards for a member of the Board established under subsection (f), 
the member's appointment as a member of the Board shall be recertified.
    ``(3) If the determination of the Chairman in any case is that the 
member's job performance does not meet the performance standards for a 
member of the Board established under subsection (f), the Chairman 
shall, based upon the individual circumstances, either--
            ``(A) grant the member a conditional recertification; or
            ``(B) recommend to the Secretary that the member be 
        noncertified.
    ``(4) In the case of a member of the Board who is granted a 
conditional recertification under paragraph (3) or (5)(C), the Chairman 
shall review the member's job performance record and make a further 
determination under paragraph (1) concerning that member not later than 
one year after the date of the conditional recertification. If the 
determination of the Chairman at that time is that the member's job 
performance as a member of the Board still does not meet the 
performance standards for a member of the Board established under 
subsection (f), the Chairman shall recommend to the Secretary that the 
member be noncertified.
    ``(5)(A) In a case in which the Chairman recommends to the 
Secretary under paragraph (3) or (4) that a member be noncertified, the 
Secretary shall establish a panel to review that recommendation. The 
panel shall be established from among employees of the Department other 
than members of the Board or of the Board's staff and may include 
Federal employees from outside the Department with appropriate 
expertise.
    ``(B) The panel shall review the matter and recommend to the 
Secretary whether the Board member should be noncertified or should be 
granted a conditional recertification.
    ``(C) The Secretary, after considering the recommendation of the 
panel, may either--
            ``(i) grant the member a conditional recertification; or
            ``(ii) determine that the member should be noncertified.
    ``(d)(1) If the Secretary, based upon the recommendation of the 
Chairman and after considering the recommendation of the panel under 
subsection (c)(5), determines that a member of the Board should be 
noncertified, that member's appointment as a member of the Board shall 
be terminated and that member shall be removed from the Board.
    ``(2) An individual so removed from the Board shall have the right 
to be employed by the Board in an attorney-advisor position.
    ``(e)(1) A member of the Board (other than the Chairman or a member 
of the Senior Executive Service) may be removed as a member of the 
Board by reason of job performance only as provided in subsections (c) 
and (d). Such a member may be removed by the Secretary, upon the 
recommendation of the Chairman, for any other reason as determined by 
the Secretary.
    ``(2) In the case of a removal of a member under this section for a 
reason other than job performance that would be covered by section 7521 
of title 5 in the case of an administrative law judge, the removal of 
the member of the Board shall be carried out subject to the same 
requirements as apply to removal of an administrative law judge under 
that section. Section 554(a)(2) of title 5 shall not apply to a removal 
action under this subsection. In such a removal action, a member shall 
have the rights set out in section 7513(b) of that title.
    ``(f) The Chairman, subject to the approval of the Secretary, shall 
establish standards for the performance of the job of a member of the 
Board (other than a member of the Senior Executive Service). Those 
standards shall establish objective and fair criteria for evaluation of 
the job performance of a member of the Board.
    ``(g) The Secretary shall prescribe procedures for the 
administration of this section, including deadlines and time schedules 
for different actions under this section.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7101 the 
following new item:

``7101A. Members of Board: appointment; pay; performance review.''.
    (b) Save Pay Provision.--The rate of basic pay payable to an 
individual who is a member of the Board of Veterans' Appeals on the 
date of the enactment of this Act may not be reduced by reason of the 
amendments made by this section to a rate below the rate payable to 
such individual on the day before such date.
    (c) Effective Date.--Section 7101A(b) of title 38, United States 
Code, as added by subsection (a), shall take effect on the first day of 
the first pay period beginning after December 31, 1994.

SEC. 302. CONFORMING AMENDMENTS.

    Section 7101(b) is amended--
            (1) by striking out paragraph (2);
            (2) by designating as paragraph (2) the text in paragraph 
        (1) beginning ``The Chairman may be removed''; and
            (3) by striking out ``Members (including the Chairman)'' in 
        paragraph (3) and inserting in lieu thereof ``The Chairman''.

SEC. 303. DEADLINE FOR ESTABLISHMENT OF PERFORMANCE EVALUATION CRITERIA 
              FOR BOARD MEMBERS.

    (a) Deadline.--The job performance standards required to be 
established by section 7101A(d) of title 38, United States Code, as 
added by subsection (a), shall be established not later than 90 days 
after the date of the enactment of this Act.
    (b) Submission to Congressional Committee.--Not later than the date 
on which the standards referred to in subsection (a) take effect, the 
Secretary of Veterans Affairs shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
containing the Secretary's proposal for the establishment of those 
standards.

                  TITLE IV--ADJUDICATION IMPROVEMENTS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Veterans' Adjudication 
Improvements Act of 1994''.

SEC. 402. REPORT ON FEASIBILITY OF REORGANIZATION OF ADJUDICATION 
              DIVISIONS IN VBA REGIONAL OFFICES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives a 
report addressing the feasibility and impact of a reorganization of the 
adjudication divisions located within the regional offices of the 
Veterans Benefits Administration to a number of such divisions that 
would result in improved efficiency in the processing of claims filed 
by veterans, their survivors, or other eligible persons, for benefits 
administered by the Secretary.

SEC. 403. MASTER VETERAN RECORD.

    (a) Requirement.--The Secretary of Veterans Affairs shall implement 
a recordkeeping system whereby each veteran and other person eligible 
for benefits under laws administered by the Secretary shall be 
identified by a single identification number and through which 
information relating to that person, including that person's current 
eligibility or entitlement status with respect to each benefit or 
service administered by the Secretary, shall be available through 
electronic means to employees of the Department located in each 
regional office of the Veterans Benefits Administration or medical 
center of the Veterans Health Administration.
    (b) Deadline for Implementation.--The recordkeeping system required 
by subsection (a) shall be implemented not later than two years after 
the date of the enactment of this Act

SEC. 404. REPORT ON PILOT PROGRAMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report enumerating and describing each pilot program 
and major initiative being tested in the regional offices of the 
Veterans Benefits Administration that affect the adjudication of claims 
for benefits administered by the Secretary.
    (b) Contents.--The report shall include the Secretary's 
recommendations regarding the need, if any, for legislation to 
implement any of such pilot programs the Secretary may recommend. If 
the Secretary indicates that legislation is not required to implement 
one or more of such programs, the Secretary shall advise the Committees 
as to whether any such pilot program will be implemented and provide a 
timetable for such implementation.

SEC. 405. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR CLAIMS PURPOSES.

    (a) Statements of Claimant To Be Accepted as Proof of 
Relationships.--Chapter 51 is amended by adding at the end the 
following new section:
``Sec. 5124. Acceptance of claimant's statement as proof of 
              relationship
    ``(a) For purposes of benefits under laws administered by the 
Secretary, the Secretary shall accept the written statement of a 
claimant as proof of the existence of any relationship specified in 
subsection (b) for the purpose of acting on such individual's claim for 
benefits.
    ``(b) Subsection (a) applies to proof of the existence of any of 
the following relationships between a claimant and another person:
            ``(1) Marriage.
            ``(2) Dissolution of a marriage.
            ``(3) Birth of a child.
            ``(4) Death of any family member.
    ``(c) The Secretary may require the submission of documentation in 
support of the claimant's statement--
            ``(1) if the claimant does not reside within a State; or
            ``(2) if the statement on its face raises a question as to 
        its validity.''.
    (b) Reports of Examinations by Private Physicians.--Such chapter, 
as amended by subsection (a), is further amended by adding at the end 
the following new section:
``Sec. 5125. Acceptance of reports of private physician examinations
    ``For purposes of establishing a claim for benefits under chapter 
11 or 15 of this title, a report of a medical examination administered 
by a private physician that is provided by a claimant in support of a 
claim for benefits under that chapter shall be accepted without a 
requirement for confirmation by an examination by a physician employed 
by the Veterans Health Administration if the report is sufficiently 
complete to be adequate for disability rating purposes.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new items:

``5124. Acceptance of claimant's statement as proof of relationship.
``5125. Acceptance of reports of private physician examinations.''.

SEC. 406. EXPEDITED TREATMENT OF REMANDED CLAIMS.

    The Secretary shall take such actions as may be necessary to 
provide for the expeditious treatment, by the Board of Veterans' 
Appeals and by the regional offices of the Veterans Benefits 
Administration, of any claim that has been remanded by the Board of 
Veterans' Appeals or by the United States Court of Veterans Appeals for 
additional development or other appropriate action.

SEC. 407. SCREENING OF APPEALS.

    Section 7107 of title 38, United States Code, is amended--
            (1) in subsection (a)(1), by striking out ``Each case'' and 
        inserting in lieu thereof ``Except as provided in subsection 
        (f), each case''; and
            (2) by adding at the end the following new subsection:
    ``(f) Nothing in this section shall preclude the screening of cases 
for purposes of--
            ``(1) determining the adequacy of the record for decisional 
        purposes; or
            ``(2) the development, or attempted development, of a 
        record found to be inadequate for decisional purposes.''.

SEC. 408. REVISION OF DECISIONS BASED ON CLEAR AND UNMISTAKABLE ERROR.

    (a) Original Decisions.--(1) Chapter 51 is amended by inserting 
after section 5109 the following new section:
``Sec. 5109A. Revision of decisions on grounds of clear and 
              unmistakable error
    ``(a) A decision by the Secretary under this chapter is subject to 
revision on the grounds of clear and unmistakable error. If evidence 
establishes the error, the prior decision shall be reversed or revised.
    ``(b) For the purposes of authorizing benefits, a rating or other 
adjudicative decision that constitutes a reversal or revision of a 
prior decision on the grounds of clear and unmistakable error has the 
same effect as if the decision had been made on the date of the prior 
decision.
    ``(c) Review to determine whether clear and unmistakable error 
exists in a case may be instituted by the Secretary on the Secretary's 
own motion or upon request of the claimant.
    ``(d) A request for revision of a decision of the Secretary based 
on clear and unmistakable error may be made at any time after that 
decision is made.
    ``(e) Such a request shall be submitted to the Secretary and shall 
be decided in the same manner as any other claim.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 5109 the 
following new item:

``5109A. Revision of decisions on grounds of clear and unmistakable 
                            error.''.
    (b) BVA Decisions.--(1) Chapter 71 is amended by adding at the end 
the following new section:
``Sec. 7111. Revision of decisions on grounds of clear and unmistakable 
              error
    ``(a) A decision by the Board is subject to revision on the grounds 
of clear and unmistakable error. If evidence establishes the error, the 
prior decision shall be reversed or revised.
    ``(b) For the purposes of authorizing benefits, a rating or other 
adjudicative decision of the Board that constitutes a reversal or 
revision of a prior decision of the Board on the grounds of clear and 
unmistakable error has the same effect as if the decision had been made 
on the date of the prior decision.
    ``(c) Review to determine whether clear and unmistakable error 
exists in a case may be instituted by the Board on the Board's own 
motion or upon request of the claimant.
    ``(d) A request for revision of a decision of the Board based on 
clear and unmistakable error may be made at any time after that 
decision is made.
    ``(e) Such a request shall be submitted directly to the Board and 
shall be decided by the Board on the merits, without referral to any 
adjudicative or hearing official acting on behalf of the Secretary.
    ``(f) A claim filed with the Secretary that requests reversal or 
revision of a previous Board decision due to clear and unmistakable 
error shall be considered to be a request to the Board under this 
section, and the Secretary shall promptly transmit any such request to 
the Board for its consideration under this section.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``7111. Revision of decisions on grounds of clear and unmistakable 
                            error.''.
    (c) Effective Date.--(1) Sections 5109A and 7111 of title 38, 
United States Code, as added by this section, apply to any 
determination made before, on, or after the date of the enactment of 
this Act.
    (2) Notwithstanding section 402 of the Veterans Judicial Review Act 
(38 U.S.C. 7251 note), chapter 72 of title 38, United States Code, 
shall apply with respect to any decision of the Board of Veterans' 
Appeals on a claim alleging that a previous determination of the Board 
was the product of clear and unmistakable error if that claim is filed 
after, or was pending before the Department of Veterans Affairs, the 
Court of Veterans Appeals, the Court of Appeals for the Federal 
Circuit, or the Supreme Court on, the date of the enactment of this 
Act.

                         TITLE V--MISCELLANEOUS

SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CONCERNING COVERAGE OF 
              RADIATION-EXPOSED VETERANS COMPENSATION ACT OF 1988.

    (a) Restatement of Absence of Statutory Limitation to United States 
Tests.--(1) Clause (i) of section 1112(c)(3)(B) is amended by inserting 
``(without regard to whether the nation conducting the test was the 
United States or another nation)'' after ``nuclear device''.
    (2) The amendment made by paragraph (1) shall take effect as of May 
1, 1988.
    (b) Proof of Service Connection of Disabilities Relating to 
Exposure to Ionizing Radiation.--(1) Section 1113(b) is amended--
            (A) by striking out ``title or'' and inserting in lieu 
        thereof ``title,''; and
            (B) by inserting ``, or section 5 of Public Law 98-542 (38 
        U.S.C. 1154 note)'' after ``of this section''.
    (2) The amendments made by paragraph (1) shall apply with respect 
to applications for veterans benefits that are submitted to the 
Secretary of Veterans Affairs after the date of the enactment of this 
Act.

SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE 
              PHILIPPINES.

    Section 315(b) is amended by striking out ``December 31, 1994'' and 
inserting in lieu thereof ``December 31, 1999''.

SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

    Section 5306 is amended by adding at the end the following new 
subsection:
    ``(c) Notwithstanding subsection (b), if a new application for 
pension under chapter 15 of this title or for dependency and indemnity 
compensation for parents under section 1315 of this title is filed 
within one year after renouncement of that benefit, such application 
shall not be treated as an original application and benefits will be 
payable as if the renouncement had not occurred.''.

SEC. 504. EFFECTIVE DATE OF DISCONTINUANCE OF COMPENSATION UPON DEATH 
              OF CERTAIN VETERANS.

    (a) In General.--Section 5112 is amended by adding the following 
new subsection:
    ``(d) In the case of a veteran who, at time of death, was in 
receipt of compensation for a disability rated as totally disabling 
with an additional amount being paid for a spouse, if the Secretary 
determines that the surviving spouse of such veteran is not eligible 
for dependency and indemnity compensation, the effective date of the 
discontinuance of such compensation shall be the last day of the month 
in which such death occurred.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to deaths occurring after September 30, 1994.
            Amend the title so as to read: ``A bill to amend title 38, 
        United States Code, to provide a cost-of-living adjustment in 
        the rates of disability compensation for veterans with service-
        connected disabilities and the rates of dependency and 
        indemnity compensation for survivors of such veterans, to 
        revise and improve veterans' benefits programs, and for other 
        purposes.''.