[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Pages H6885-H6891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS BENEFITS IMPROVEMENT ACT OF 1998
Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4110) to provide a cost-of-living adjustment in rates of
compensation paid to veterans with service-connected disabilities, to
make various improvements in education, housing, and cemetery programs
of the Department of Veterans Affairs, and for our purposes, as
amended.
The Clerk read as follows:
H.R. 4110
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Benefits Improvement Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT
Sec. 101. Increase in rates of disability compensation and dependency
and indemnity compensation.
TITLE II--EDUCATION BENEFITS
Sec. 201. Calculation of reporting fee based on total veteran
enrollment during a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements
for government job training program approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits
for members of the Armed Forces discharged early from
duty for the convenience of the Government.
TITLE III--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
Sec. 301. Continuation in office of judges pending confirmation for
second term.
Sec. 302. Authority to prescribe rules and regulations.
Subtitle B--Retirement-Related Provisions
Sec. 311. Recall of retired judges.
Sec. 312. Calculation of years of service as a judge.
Sec. 313. Judges' retired pay.
Sec. 314. Exemption of retirement fund from sequestration orders.
Sec. 315. Limitation on activities of retired judges.
Sec. 316. Early retirement authority for current judges in order to
provide for staggered terms of judges.
Sec. 317. Adjustments for survivor annuities.
Sec. 318. Reports on retirement program modifications.
Subtitle C--Renaming of Court
Sec. 321. Renaming of the Court of Veterans Appeals.
Sec. 322. Conforming amendments.
Sec. 323. Effective Date.
TITLE IV--OTHER MATTERS
Sec. 401. Applicability of procurement law to certain contracts of
Department of Veterans Affairs.
Sec. 402. Permanent eligibility of members of Selected Reserve for
veterans housing loans.
Sec. 403. Furnishing of burial flags for deceased members and former
members of the Selected Reserve.
Sec. 404. State cemetery grants program.
Sec. 405. Disabled Veterans Outreach Program specialists.
Sec. 406. Permanent authority to use for operating expenses of
Department of Veterans Affairs medical facilities amounts
available by reason of the limitation on pension for
veterans receiving nursing home care.
Sec. 407. Members of the Board of Veterans' Appeals.
Sec. 408. National Service Life Insurance program.
Sec. 409. Technical amendments.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
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--COMPENSATION COST-OF-LIVING ADJUSTMENT
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 1998, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such
title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(7) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under
subsection (a) shall be made in the dollar amounts specified
in subsection (b) as in effect on November 30, 1998.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage
by which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 1998, as a result of a determination under
section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively, consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law 85-
857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
(e) Publication of Adjusted Rates.--At the same time as the
matters specified in section 215(i)(2)(D) of the Social
Security Act
[[Page H6886]]
(42 U.S.C. 415(i)(2)(D)) are required to be published by
reason of a determination made under section 215(i) of such
Act during fiscal year 1998, the Secretary of Veterans
Affairs shall publish in the Federal Register the amounts
specified in subsection (b), as increased pursuant to
subsection (a).
TITLE II--EDUCATION BENEFITS
SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL VETERAN
ENROLLMENT DURING A CALENDAR YEAR.
(a) In General.--The second sentence of section 3684(c) is
amended by striking out ``, on October 31'' and all that
follows through the period and inserting in lieu thereof
``during the calender year.''.
(b) Funding.--Section 3684(c), as amended by subsection
(a), is further amended by adding at the end the following
new sentence: ``The reporting fee payable under this
subsection shall be paid from amounts appropriated for
readjustment benefits.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to calendar years beginning after
December 31, 1998.
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-STUDY
ALLOWANCE.
(a) In General.--The third sentence of section 3485(a)(1)
is amended by striking out ``An individual shall be paid in
advance'' and inserting in lieu thereof ``An individual may
elect, in a manner prescribed by the Secretary, to be paid in
advance''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements entered into under
section 3485 of title 38, United States Code, on or after
January 1, 1999.
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR EQUIVALENCY
REQUIREMENT.
(a) In General.--The following sections of chapter 30 are
each amended by striking out ``successfully completed'' each
place it appears and inserting in lieu thereof ``successfully
completed (or otherwise received academic credit for)'':
sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2),
3018B(a)(1)(B), 3018B(a)(2)(B), and 3018C(a)(3).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1998.
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS.
(a) Title 38.--Sections 3034(d)(2) and 3241(b)(2) are each
amended--
(1) by striking out ``pilot's license'' each place it
appears and inserting in lieu thereof ``pilot certificate'';
and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
(b) Title 10.--Section 16132(c)(1) of title 10, United
States Code, is amended--
(1) by striking out ``pilot's license'' each place it
appears and inserting in lieu thereof ``pilot certificate'';
and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to courses of flight training
beginning on or after October 1, 1998.
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAYMENT RATE
REQUIREMENTS FOR GOVERNMENT JOB TRAINING
PROGRAM APPROVAL.
(a) In General.--Section 3677(b) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B) respectively;
(3) in subparagraph (A), as so redesignated, by striking
out ``(A)'' and ``(B)'' and inserting in lieu thereof ``(i)''
and ``(ii)'' respectively; and
(4) by adding at the end the following new paragraph:
``(2) The requirement under paragraph (1)(A)(ii) shall not
apply with respect to a training establishment operated by
the United States or by a State or local government.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to approval of programs of training
on the job under section 3677 of title 38, United States
Code, on or after October 1, 1998.
SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES.
(a) Expansion of Education Outreach Services to Members of
the Armed Forces.--Section 3034 is amended by adding at the
end the following new subsection:
``(e)(1) In the case of a member of the Armed Forces who
participates in basic educational assistance under this
chapter, the Secretary shall furnish the information
described in paragraph (2) to each such member, as soon as
practicable after the basic pay of the member has been
reduced by $1,200 in accordance with sections 3011(b) and
3102(c) of this title. The Secretary shall furnish such
information to each such member at such additional times as
the Secretary determines appropriate.
``(2) The information referred to in paragraph (1) is
information with respect to the benefits, limitations,
procedures, eligibility requirements (including time-in-
service requirements), and other important aspects of the
basic educational assistance program under this chapter,
including application forms for such basic educational
assistance under section 5102 of this title.
``(3) The Secretary shall furnish the forms described in
paragraph (2) and other educational materials to educational
institutions, training establishments, and military education
personnel, as the Secretary determines appropriate.
``(4) The Secretary shall use amounts appropriated for
readjustment benefits to carry out this subsection and
section 5102 of this title with respect to application forms
under that section for basic educational assistance under
this chapter.''.
(b) Conforming Amendment.--Section 7722(c) is amended by
striking out ``The Secretary'' and inserting in lieu thereof
``Except as provided in section 3034(e) of this title, the
Secretary''.
(c) Effective Date.--The amendments made by this section
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR EDUCATION
BENEFITS FOR MEMBERS OF THE ARMED FORCES
DISCHARGED EARLY FROM DUTY FOR THE CONVENIENCE
OF THE GOVERNMENT.
(a) Active Duty Program.--Section 3011 is amended by adding
at the end the following new subsection:
``(i) The Secretary concerned shall inform any member of
the Armed Forces, who has not completed that member's initial
obligated period of active duty (as described in subsection
(a)(1)(A)) and who indicates the intent to be discharged or
released from such duty for the convenience of the
Government, of the minimum active duty requirements for
entitlement to educational assistance benefits under this
chapter. Such information shall be provided to the member in
a timely manner.''.
(b) Reserve Program.--Section 3012 is amended by adding at
the end the following new subsection:
``(g)(1) The Secretary concerned shall inform any member of
the Armed Forces, who has not completed that member's initial
service (as described in paragraph (2)) and who indicates the
intent to be discharged or released from such service for the
convenience of the Government, of the minimum service
requirements for entitlement to educational assistance
benefits under this chapter. Such information shall be
provided to the member in a timely manner.
``(2) The initial service referred to in paragraph (1) is
the initial obligated period of active duty (described in
subparagraphs (A)(i) or (B)(i) of subsection (a)(1)) or the
period of service in the Selected Reserve (described in
subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1)).''.
(c) Report to Congress.--Section 3036(b)(1) is amended--
(1) by striking out ``and (B)'' and inserting in lieu
thereof ``(B)''; and
(2) by inserting before the semicolon the following: ``,
and (C) describing the efforts under sections 3011(i) and
3012(g) of this title to inform members of the Armed Forces
of the minimum service requirements for entitlement to
educational assistance benefits under this chapter and the
results from such efforts''.
(d) Effective Dates.--(1) The amendments made by
subsections (a) and (b) shall take effect 120 days after the
date of the enactment of this Act.
(2) The amendments made by subsection (c) shall apply with
respect to reports to Congress submitted by the Secretary of
Defense under section 3036 of title 38, United States Code,
on or after January 1, 2000.
TITLE III--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
SEC. 301. CONTINUATION IN OFFICE OF JUDGES PENDING
CONFIRMATION FOR SECOND TERM.
Section 7253(c) is amended by adding at the end the
following new sentence: ``A judge who is nominated by the
President for appointment to an additional term on the Court
without a break in service and whose term of office expires
while that nomination is pending before the Senate may
continue in office for up to one year while that nomination
is pending.''.
SEC. 302. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.
Section 7254 is amended by adding at the end the following
new subsection:
``(f) The Court may prescribe rules and regulations to
carry out this chapter.''.
Subtitle B--Retirement-Related Provisions
SEC. 311. RECALL OF RETIRED JUDGES.
(a) Authority To Recall Retired Judges.--Chapter 72 is
amended by inserting after section 7256 the following new
section:
``Sec. 7257. Recall of retired judges
``(a)(1) A retired judge of the Court may be recalled for
further service on the Court in accordance with this section.
To be eligible to be recalled for such service, a retired
judge must at the time of the judge's retirement provide to
the chief judge of the Court (or, in the case of the chief
judge, to the clerk of the Court) notice in writing that the
retired judge is available for further service on the Court
in accordance with this section and is willing to be recalled
under this section. Such a notice provided by a retired judge
is irrevocable.
``(2) For the purposes of this section--
``(A) a retired judge is a judge of the Court of Veterans
Appeals who retires from the Court under section 7296 of this
title or under chapter 83 or 84 of title 5; and
``(B) a recall-eligible retired judge is a retired judge
who has provided a notice under paragraph (1).
``(b)(1) The chief judge may recall for further service on
the court a recall-eligible retired judge in accordance with
this section.
[[Page H6887]]
Such a recall shall be made upon written certification by the
chief judge that substantial service is expected to be
performed by the retired judge for such period, not to exceed
90 days (or the equivalent), as determined by the chief judge
to be necessary to meet the needs of the Court.
``(2) A recall-eligible retired judge may not be recalled
for more than 90 days (or the equivalent) during any calendar
year without the judge's consent or for more than a total of
180 days (or the equivalent) during any calendar year.
``(3) If a recall-eligible retired judge is recalled by the
chief judge in accordance with this section and (other than
in the case of a judge who has previously during that
calendar year served at least 90 days (or the equivalent) of
recalled service on the court) declines (other than by reason
of disability) to perform the service to which recalled, the
chief judge shall remove that retired judge from the status
of a recall-eligible judge.
``(4) A recall-eligible retired judge who becomes
permanently disabled and as a result of that disability is
unable to perform further service on the court shall be
removed from the status of a recall-eligible judge.
Determination of such a disability shall be made in the same
manner as is applicable to judges of the United States under
section 371 of title 28.
``(c) A retired judge who is recalled under this section
may exercise all of the powers and duties of the office of a
judge in active service.
``(d)(1) The pay of a recall-eligible retired judge who
retired under section 7296 of this title is specified in
subsection (c) of that section.
``(2) A judge who is recalled under this section who
retired under chapter 83 or 84 of title 5 shall be paid,
during the period for which the judge serves in recall
status, pay at the rate of pay in effect under section
7253(e) of this title for a judge performing active service,
less the amount of the judge's annuity under the applicable
provisions of chapter 83 or 84 of title 5.
``(e)(1) Except as provided in subsection (d), a judge who
is recalled under this section who retired under chapter 83
or 84 of title 5 shall be considered to be a reemployed
annuitant under that chapter.
``(2) Nothing in this section affects the right of a judge
who retired under chapter 83 or 84 of title 5 to serve as a
reemployed annuitant in accordance with the provisions of
title 5.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 72 is amended by inserting after the
item relating to section 7256 the following new item:
``7257. Recall of retired judges.''.
SEC. 312. CALCULATION OF YEARS OF SERVICE AS A JUDGE.
Section 7296(b) is amended by adding at the end the
following new paragraph:
``(4) For purposes of calculating the years of service of
an individual under this subsection and subsection (c), only
those years of service as a judge of the Court shall be
credited. In determining the number of years of such service,
that portion of the aggregate number of years of such service
that is a fractional part of one year shall be disregarded if
less than 183 days and shall be credited as a full year if
183 days or more.''.
SEC. 313. JUDGES' RETIRED PAY.
(a) In General.--Subsection (c)(1) of section 7296 is
amended by striking out ``at the rate of pay in effect at the
time of retirement.'' and inserting in lieu thereof ``as
follows:
``(A) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court (or of the chief
judge, if the individual retired from service as chief
judge).
``(B) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired
pay of the judge shall be the rate of pay applicable to that
judge at the time of retirement.
``(C) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was
removed from recall status under subsection (b)(3) of that
section, the retired pay of the judge shall be the pay of the
judge at the time of the removal from recall status.''.
(b) Cost-of-Living Adjustments.--Subsection (f) of such
section is amended by adding at the end the following new
paragraph:
``(3)(A) A cost-of-living adjustment provided by law in
annuities payable under civil service retirement laws shall
apply to retired pay under this section only in the case of
retired pay computed under paragraph (2) of subsection (c).
``(B)(i) If such a cost-of-living adjustment would (but for
this subparagraph) result in the retired pay of a retired
chief judge being in excess of the annual rate of pay in
effect for the chief judge of the court as provided in
section 7253(e)(1) of this title, such adjustment may be made
in the retired pay of that retired chief judge only in such
amount as results in the retired pay of the retired chief
judge being equal to that annual rate of pay (as in effect on
the effective date of such adjustment).
``(ii) If such a cost-of-living adjustment would (but for
this subparagraph) result in the retired pay of a retired
judge (other than a retired chief judge) being in excess of
the annual rate of pay in effect for judges of the court as
provided in section 7253(e)(2) of this title, such adjustment
may be made only in such amount as results in the retired pay
of the retired judge being equal to that annual rate of pay
(as in effect on the effective date of such adjustment).''.
(c) Coordination With Military Retired Pay.--Subsection (f)
of such section, as amended by subsection (b), is further
amended by adding at the end the following new paragraph:
``(4) Notwithstanding subsection (c) of section 5532 of
title 5, if a regular or reserve member of a uniformed
service who is receiving retired or retainer pay becomes a
judge of the court, or becomes eligible therefor while a
judge of the court, such retired or retainer pay shall not be
paid during the judge's regular active service on the court,
but shall be resumed or commenced without reduction upon
retirement as a judge.''.
SEC. 314. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION
ORDERS.
Section 7298 is amended by adding at the end the following
new subsection:
``(g) For purpose of section 255(g)(1)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(B)), the retirement fund shall be treated in the
same manner as the Claims Judges' Retirement Fund.''.
SEC. 315. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) In General.--Chapter 72 is amended by adding at the end
the following new section:
``Sec. 7299. Limitation on activities of retired judges
``If a retired judge of the Court in the practice of law
represents (or supervises or directs the representation of) a
client in making any claim relating to veterans' benefits
against the United States or any agency thereof, the retired
judge shall forfeit all rights to retired pay under section
7296 of this title or under chapter 83 or 84 of title 5 for
the period beginning on the date on which the representation
begins and ending one year after the date on which the
representation ends.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 72 is amended by adding at the end the
following new item:
``7299. Limitation on activities of retired judges.''.
SEC. 316. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN
ORDER TO PROVIDE FOR STAGGERED TERMS OF JUDGES.
(a) Retirement Authorized.--One eligible judge may retire
in accordance with this section each year beginning in 1999
and ending in 2003.
(b) Eligible Judges.--For purposes of this section, an
eligible judge is an associate judge of the United States
Court of Appeals for Veterans Claims who--
(1) has at least 10 years of service creditable under
section 7296 of title 38, United States Code;
(2) has made an election to receive retired pay under
section 7296 of such title;
(3) has at least 20 years of service described in section
7297(l) of such title; and
(4) is at least 55 years of age.
(c) Multiple Eligible Judges.--If for any year specified in
subsection (a) more than one eligible judge provides notice
in accordance with subsection (d), the judge who has the
greatest seniority as a judge of the United States Court of
Appeals for Veterans Claims shall be the judge who is
eligible to retire in accordance with this section in that
year.
(d) Notice.--An eligible judge who desires to retire in
accordance with this section in any year specified in
subsection (a) shall provide to the President and the chief
judge of the United States Court of Appeals for Veterans
Claims written notice to that effect not later than April 1
of that year. Such a notice shall specify the retirement date
in accordance with subsection (f). Notice provided under this
subsection shall be irrevocable.
(e) Retirement.--A judge who is eligible to retire in
accordance with this section shall be retired during the
fiscal year in which notice is provided pursuant to
subsection (d), but not earlier than 90 days after the date
on which such notice is provided. Except as provided in
subsection (f), such judge shall be considered for all
purposes to be retired under section 7296(b)(1) of title 38,
United States Code.
(f) Rate of Retired Pay.--The rate of retired pay for a
judge retiring under this section is--
(1) the rate applicable to that judge under section
7296(c)(1) of title 38, United States Code, multiplied by
(2) the fraction (not in excess of 1) in which--
(A) the numerator is the sum of (i) the number of years of
service of the judge as a judge of the United States Court of
Appeals for Veterans Claims creditable under section 7296 of
such title, and (ii) the age of the judge; and
(B) the denominator is 80.
(g) Adjustments in Retired Pay for Judges Available for
Recall.--Subject to section 7296(f)(3)(B) of title 38, United
States Code, an adjustment provided by law in annuities
payable under civil service retirement laws shall apply to
retired pay under this section in the case of a judge who is
a recall-eligible retired judge under section 7257 of title
38, United States Code, or who
[[Page H6888]]
was a recall-eligible retired judge under that section and
was removed from recall status under subsection (b)(4) of
that section by reason of disability.
(h) Duty of Actuary.--Section 7298(e)(2) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) For purposes of subparagraph (B), the term `present
value' includes a value determined by an actuary with respect
to a payment that may be made under subsection (b) from the
retirement fund within the contemplation of law.''.
SEC. 317. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read as
follows:
``(o) Each survivor annuity payable from the retirement
fund shall be increased at the same time as, and by the same
percentage by which, annuities payable from the Judicial
Survivors' Annuities Fund are increased pursuant to section
376(m) of title 28.''.
SEC. 318. REPORTS ON RETIREMENT PROGRAM MODIFICATIONS.
(a) Report on Judges' Retirement System.--Not later than
one year after the date of the enactment of this Act, the
chief judge of the United States Court of Appeals for
Veterans Claims shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on the feasibility and desirability of merging the retirement
plan of the judges of that court with retirement plans of
other Federal judges.
(b) Report on Survivor Annuities Plan.--Not later than six
months after the date of the enactment of this Act, the chief
judge of the United States Court of Appeals for Veterans
Claims shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the
feasibility and desirability of allowing judges of that court
to participate in the survivor annuity programs available to
other Federal judges.
Subtitle C--Renaming of Court
SEC. 321. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) In General.--The United States Court of Veterans
Appeals is hereby renamed as, and shall hereafter be known
and designated as, the United States Court of Appeals for
Veterans Claims.
(b) Section 7251.--Section 7251 is amended by striking out
``United States Court of Veterans Appeals'' and inserting in
lieu thereof ``United States Court of Appeals for Veterans
Claims''.
SEC. 322. CONFORMING AMENDMENTS.
(a) Conforming Amendments to Title 38.--
(1) The following sections are amended by striking out
``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255,
7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a),
7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291,
7292, 7296, 7297, and 7298.
(2)(A) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court''.
(B) The heading of section 7291 is amended to read as
follows:
``Sec. 7291. Date when Court decision becomes final''.
(C) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Retirement Fund''.
(3) The table of sections at the beginning of chapter 72 is
amended as follows:
(A) The item relating to section 7286 is amended to read as
follows:
``7286. Judicial Conference of the Court.''.
(B) The item relating to section 7291 is amended to read as
follows:
``7291. Date when Court decision becomes final.''.
(C) The item relating to section 7298 is amended to read as
follows:
``7298. Retirement Fund.''.
(4)(A) The heading of chapter 72 is amended to read as
follows:
``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.
(B) The item relating to chapter 72 in the table of
chapters at the beginning of title 38 and the item relating
to such chapter in the table of chapters at the beginning of
part V are amended to read as follows:
``72. United States Court of Appeals for Veterans Claims........7251''.
(b) Conforming Amendments to Other Laws.--
(1) The following provisions of law are amended by striking
out ``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals
for Veterans Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
(c) Other Legal References.--Any reference in a law,
regulation, document, paper, or other record of the United
States to the United States Court of Veterans Appeals shall
be deemed to be a reference to the United States Court of
Appeals for Veterans Claims.
SEC. 323. EFFECTIVE DATE.
This subtitle, and the amendments made by this subtitle,
shall take effect on the first day of the first month
beginning more than 90 days after the date of the enactment
of this Act.
TITLE IV--OTHER MATTERS
SEC. 401. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN
CONTRACTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3720(b) is amended by striking out
``; however'' and all that follows and inserting in lieu
thereof the following: ``, except that title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) shall apply to any contract for services
or supplies on account of any property acquired pursuant to
this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into under
section 3720 of title 38, United States Code, on or after the
date of the enactment of this Act.
SEC. 402. PERMANENT ELIGIBILITY OF MEMBERS OF SELECTED
RESERVE FOR VETERANS HOUSING LOANS.
Section 3702(a)(2)(E) is amended by striking out ``For the
period beginning on October 28, 1992, and ending on October
27, 1999, each veteran'' and inserting in lieu thereof ``Each
veteran''.
SEC. 403. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS AND
FORMER MEMBERS OF THE SELECTED RESERVE.
Section 2301 is amended by adding at the end the following
new subsection:
``(f)(1) The Secretary shall furnish a flag to drape the
casket of each deceased member or former member of the
Selected Reserve (as described in section 10143 of title 10)
who is not otherwise eligible for a flag under this section
or section 1482(a) of title 10--
``(A) who completed at least one enlistment as a member of
the Selected Reserve or, in the case of an officer, completed
the period of initial obligated service as a member of the
Selected Reserve;
``(B) who was discharged before completion of the person's
initial enlistment as a member of the Selected Reserve or, in
the case of an officer, period of initial obligated service
as a member of the Selected Reserve, for a disability
incurred or aggravated in line of duty; or
``(C) who died while a member of the Selected Reserve.
``(2) A flag may not be furnished under subparagraph (A) or
(B) of paragraph (1) in the case of a person whose last
discharge from service in the Armed Forces was under
conditions less favorable than honorable.
``(3) After the burial, a flag furnished under paragraph
(1) shall be given to the next of kin or to such other person
as the Secretary considers appropriate.''.
SEC. 404. STATE CEMETERY GRANTS PROGRAM.
(a) Amount of Grant Relative to Project Cost.--(1)
Paragraphs (1) and (2) of section 2408(b) are amended to read
as follows:
``(1) The amount of a grant under this section may not
exceed--
``(A) in the case of the establishment of a new cemetery,
the sum of (i) the cost of improvements to be made on the
land to be converted into a cemetery, and (ii) the cost of
initial equipment necessary to operate the cemetery; and
``(B) in the case of the expansion or improvement of an
existing cemetery, the sum of (i) the cost of improvements to
be made on any land to be added to the cemetery, and (ii) the
cost of any improvements to be made to the existing cemetery.
``(2) If the amount of a grant under this section is less
than the amount of costs referred to in subparagraph (A) or
(B) of paragraph (1), the State receiving the grant shall
contribute the excess of such costs over the grant. Costs of
land acquired or dedicated by the State for such cemetery
shall not be taken into account for purposes of the preceding
sentence.''.
(2) The amendment made by paragraph (1) shall apply with
respect to grants under section 2408 of title 38, United
States Code, made after the end of the 60-day period
beginning on the date of the enactment of this Act.
(b) Authorization of Appropriations Without Fiscal Year
Limitation.--The first sentence of section 2408(e) is amended
by striking out ``shall remain available until the end of the
second fiscal year following the fiscal year for which they
are appropriated'' and inserting in lieu thereof ``shall
remain available until expended''.
(c) Extension of Authorization of Appropriations for Grant
Program.--Paragraph (2) of section 2408(a) is amended to read
as follows:
``(2) There is authorized to be appropriated $10,000,000
for fiscal year 1999 and for each succeeding fiscal year
through fiscal year 2004 for the purpose of making grants
under paragraph (1).''.
[[Page H6889]]
SEC. 405. DISABLED VETERANS OUTREACH PROGRAM SPECIALISTS.
(a) In General.--section 4103A(a)(1) is amended--
(1) in the first sentence by striking out ``for each 6,900
veterans residing in such State'' through the period and
inserting in lieu thereof ``for each 7,400 veterans who are
between the ages of 20 and 64 residing in such State.'';
(2) in the third sentence, by striking out ``of the Vietnam
era''; and
(3) by striking out the fourth sentence.
(b) Effective Date.--The amendments made by this section
shall apply with respect to appointments of disabled
veterans' outreach program specialists under section 4103A of
title 38, United States Code, on or after the date of the
enactment of this Act.
SEC. 406. PERMANENT AUTHORITY TO USE FOR OPERATING EXPENSES
OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITIES AMOUNTS AVAILABLE BY REASON OF THE
LIMITATION ON PENSION FOR VETERANS RECEIVING
NURSING HOME CARE.
(a) In General.--Section 5503(a)(1)(B) is amended by
striking out ``Effective through September 30, 1997, any'' in
the second sentence and inserting in lieu thereof ``Any''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of October 1, 1997.
SEC. 407. MEMBERS OF THE BOARD OF VETERANS' APPEALS.
(a) Title of Board Members.--Section 7101(a) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by designating the fourth and fifth sentences as
paragraph (2); and
(3) by adding after the third sentence the following:
``Members of the Board (other than the Chairman) shall also
be known as `veterans administrative law judges'.''.
(b) Requirement for Board Members To Be Attorneys.--Section
7101A(a) is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Each member of the Board shall be a member in good
standing of the bar of a State.''.
(c) Employment Reversion Rights.--Paragraph (2) of section
7101A(d) is amended to read as follows:
``(2)(A) Upon removal from the Board under paragraph (1) of
a member of the Board who before appointment to the Board
served as an attorney in the civil service, the Secretary
shall appoint that member to an attorney position at the
Board, if the removed member so requests. If the removed
member served in an attorney position at the Board
immediately before appointment to the Board, appointment to
an attorney position under this paragraph shall be in the
grade and step held by the removed member immediately before
such appointment to the Board.
``(B) The Secretary is not required to make an appointment
to an attorney position under this paragraph if the Secretary
determines that the member of the Board removed under
paragraph (1) is not qualified for the position.''.
SEC. 408. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) Eligibility of Certain Veterans for Dividends Under
VSLI Program.--Section 1919(b) is amended--
(1) by striking out ``sections 602(c)(2) and'' and
inserting in lieu thereof ``section''; and
(2) by striking out ``sections'' after ``under such'' and
inserting in lieu thereof ``section''.
(b) Effective Date.--The amendments made by this section
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
SEC. 409. TECHNICAL AMENDMENTS.
(a) Redesignation.--Section 1103, as added by section
8031(a) of the Veterans Reconciliation Act of 1997 (title
VIII of Public Law 105-33), is redesignated as section 1104,
and the item relating to that section in the table of
sections at the beginning of chapter 11 is revised to reflect
that redesignation.
(b) Other Corrections.--
(1) Section 1803(c)(2) is amended by striking out ``who
furnishes health care that the Secretary determines
authorized'' and inserting in lieu thereof ``furnishing
health care services that the Secretary determines are
authorized''.
(2) Section 3680A(d)(2)(C) is amended by striking out
``section''.
(3) Section 8107(b)(3)(E) is amended by striking out
``section 7305'' and inserting in lieu thereof ``section
7306(f)(1)(A)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
General Leave
Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 4110, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4110 is the Veterans Benefits Improvement Act of
1998. This bill provides a cost-of-living adjustment, a COLA, for
veterans' compensation pensions and related programs.
The COLA will follow the Social Security Administration figure, which
is based on the Consumer Price Index.
H.R. 4110 makes various changes in education programs and adjustments
in the retirement provisions for judges serving on the U.S. Court of
Veterans Appeals.
It also makes improvements in the State Cemetery Grant program and
provides permanent authority for members of the Guard and Reserve to
participate in the VA Home Loan program.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this legislation, as
amended. I want to take this opportunity to thank the gentleman from
Arizona (Mr. Stump), the chairman of the committee, for bringing floor
action on this bill today.
I also want to thank the gentleman from New York (Mr. Quinn), the
chairman of the Subcommittee on Benefits, and the gentleman from
California (Mr. Filner), the ranking Democratic member of the
subcommittee, for their hard work in passing this important
legislation.
The Veterans Improvement Act of 1998 is an excellent bill that
includes improvements to several of our very important benefit programs
and is yet another example of the bipartisanship that is a hallmark of
this committee.
I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Mexico (Mr. Redmond), a member of the Subcommittee
on Benefits.
Mr. REDMOND. Mr. Speaker, I rise today in support of H.R. 4110, the
Veterans Benefits Improvements Act of 1998.
This bill provides a cost of living adjustment for compensation, DIC
and related benefits. As the chairman stated, the adjustment is
computed using the same percentage increase given to Social Security
recipients.
In addition, the bill makes a number of improvements to programs
serving veterans. It includes provisions that would expand the
opportunity for veterans to participate in on-the-job training
programs, especially those for law enforcement and fire fighting
personnel operated by the Federal, State and local governments;
Allow VA to consider up to 12 hours of academic credits granted for
life experiences as meeting the eligibility requirements for the
Montgomery GI bill.
It will also authorize a more accurate payment to schools for
processing VA paperwork.
It will simplify physical requirements for veterans taking flight
training; require VA to regularly notify service members of the
eligibility requirements for the Montgomery GI bill and require the
armed services branches to counsel service members volunteering for
early discharge concerning their eligibility benefits.
The committee has received reports that some personnel are taking
early discharges, without considering whether they have accumulated
enough time in service to qualify for the Montgomery GI benefits.
Title III pertains to the Court of Veterans Appeals and makes
numerous changes requested by the court to improve the internal
operations. Among this title's authorities are provisions that would,
first, authorize early retirement of one Court of Veterans Appeals
judge per year between 1999 and 2003 to ensure continuity of the court
when the original appointee's term expires. This is really the major
provision of title III;
Provide the authority for the judges of the court to volunteer for
recall status upon retirement and for the court to exercise recall
authority;
To allow a judge from the Court of Veterans Appeals, who is nominated
by the President for an additional term, to remain in office up to one
year pending confirmation by the Senate;
[[Page H6890]]
Require the court to provide a report on merging the court's
retirement and annuity plans with other existing plans for Federal
judges, since the court is composed of only 7 judges; and
Rename the court as the United States Court of Appeals for Veterans
Claims, in order to distinguish it as completely separate from the
Department of Veterans Affairs.
Title IV makes improvements to several areas of benefits, including
making permanent the VA loan guarantee program for Selected Reservists;
Authorizing a burial flag for any reservist who dies while in the
Reserves or has completed one enlistment and has an honorable
discharge.
Until now, members of the Selected Reserve have not been eligible for
a burial flag. This provision recognizes reservists' increased
contribution to the national defense of our country.
Changing the Federal funding formula to authorize VA to pay up to 100
percent of the cost of constructing state veteran cemeteries and
initial equipment needed to operate such cemeteries. The current
formula authorizes VA to pay up to 50 percent of the costs of land and
construction. This is an administrative request.
State employment offices locate disabled veterans and help them find
jobs. Currently, these outreach staffers are required to be disabled
veterans from the Vietnam era. This provision removes the Vietnam era
requirement for the specialists in order to make the positions
available to a wider group of veterans. The number of specialists hired
will also be based on the number of working age veterans in the State;
Reauthorizing VA to retain pension funds in excess of $90 paid to
dependent-less veterans who are being cared for in the VA nursing
homes. These funds would be used to augment the operating funds of the
medical center providing the care;
Changing the title of the Board of Veterans' Appeals Members to
Veterans Administrative Law Judges and clarifying employment revisions
for the board members who are demoted and who have prior civil service
as an attorney.
Finally, Mr. Speaker, the bill accommodates the VA's request that
would authorize payment of insurance dividends to disabled veterans who
purchase World War II era ``H'' life insurance policies. This change
will put ``H'' policyholders on an equal footing with other World War
II era veterans who hold national life service insurance policies.
Mr. Speaker, this is a very good bill and benefits many veterans. The
bill is a result of bipartisan hard work for which I thank the Members
on both sides of the aisle. I urge my colleagues to support H.R. 4110
and thank the chairman of the full committee for his leadership on
behalf of our Nation's veterans.
I also want to thank the gentleman from Illinois (Mr. Evans), the
ranking minority member, the gentleman from New York (Mr. Quinn), the
chairman of the subcommittee, and the gentleman from California (Mr.
Filner), the ranking member of the subcommittee, for their support on
this legislation.
{time} 1215
Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, as ranking Democrat on the Subcommittee on
Benefits, I strongly support H.R. 4110, the Veterans Benefits
Improvement Act of 1998, a bill which will significantly improve and
enhance several of the most important programs we provide for our
Nation's veterans.
Title I of this measure will provide an increase in compensation and
other benefits effective December 1, 1998. By approving these
provisions, we are fulfilling our first and primary responsibility, to
care for those who are disabled while serving in our military, and to
care for their survivors.
Title II of H.R. 4110 improves veterans' education programs, and in
doing so we are fulfilling our commitment to the millions of young
Americans who have, at least in part, volunteered to serve in our armed
forces because of the opportunity to earn money for college through
service to our country.
Title III will provide for uninterrupted service by judges of the
Court of Veterans' Appeals when a judge whose term is expiring is
nominated for a subsequent term. It will also provide for the early
retirement of judges presently sitting on the court in order to avoid
the potential for all the judges' terms expiring within a very short
period of time. These provisions, Mr. Speaker, will carry out our
commitment to ensuring veterans' access to justice.
Title IV includes a section which will expand and enhance the State
Cemetery Grant program. In approving this provision, we are fulfilling
our responsibility to honor America's veterans even at the end of their
lives.
I regret that because of its cost, we had to eliminate a provision
approved by the subcommittee which would have enabled veteran students
to receive more GI Bill money up front, that is, at the beginning of a
semester when they particularly need it. I hope that enacting this or
similar legislation will be a high priority for our committee during
the 106th Congress.
Additionally, I would like to stress the importance of sections 206
and 207 of the bill which require the VA and the military services to
provide additional information regarding Montgomery GI Bill benefits to
active duty service members. I have received reports from college and
VA officials that some young veterans who have taken early-outs from
their military duty specifically in order to enter college were
informed when they arrived at school and applied for their VA education
benefits that because they took an early-out, they had not fulfilled
the minimum active duty requirements and consequently had lost their
eligibility for Montgomery GI Bill benefits.
I have been told also that in spite of earlier legislative
initiatives, too many veterans still do not understand the benefit
payment procedures and other characteristics of our GI bill. As long
ago as 1988, the Commission on Veterans' Education Policy noted that,
and I quote, ``more effective use of GI Bill benefits would result if
individuals seeking to use their benefits were advised of the
intricacies of the program and of their rights and responsibilities at
the outset of their training.''
In response to the Commission's recommendations, Congress enacted
legislation requiring the VA to provide a brochure that would clearly
and fully explain veterans' education programs to individuals first
applying for VA education benefits. The VA went on to develop an
excellent pamphlet which has been helpful to thousands of veteran
students. But additional years of experience with the GI Bill have
shown that information regarding a program must be provided to the GI
Bill participants while they are still on active duty and before they
begin using their VA education benefits. I feel certain that the
additional requirements under sections 206 and 207 will provide service
members the GI Bill information they need when they need it.
Mr. Speaker, in closing I want to thank the gentleman from New York
(Mr. Quinn), the chairman of the subcommittee, for his leadership on
this and all other issues before our subcommittee, and for his
commitment to the long-standing bipartisan spirit of this committee. I
believe America's veterans have benefited from our close cooperation.
Of course I also want to thank the gentleman from Arizona (Mr.
Stump), the chairman of the full committee, and the gentleman from
Illinois (Mr. Evans), the ranking member, for their support of this
important measure. H.R. 4110 is an excellent bill, Mr. Speaker. I urge
my colleagues to support it.
Mr. EVANS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume. I
would like to thank the gentleman from New York (Mr. Quinn) and the
gentleman from California (Mr. Filner), the chairman and ranking member
of the Subcommittee on Benefits, as well as the gentleman from Illinois
(Mr. Evans), the ranking member of the full committee, for all their
hard work and input on this bill. This is a bipartisan bill. I would
urge the Members to support it.
Mr. UNDERWOOD. Mr. Speaker, I rise in support of H.R. 4110, the
Veterans Benefits Improvement Act of 1998. We are all too familiar
about recent criticisms and accusations from America's veterans about
Congress' failure to keep its promises. H.R. 4110 gives us
[[Page H6891]]
a chance to somehow address some of the problems and demonstrate our
concerns for our veterans.
H.R. 4110 provides a much needed re-adjustment of benefits and
compensation. This bill, among others, focuses upon improvements of the
current veterans educational benefits system, better adjudication of
V.A. claims, the adjustment survivor annuities and burial entitlements,
and the extension of certain benefits to reservists.
Guardsmen and reservists currently comprise almost half of our
nation's military forces. As we tend to rely and place more demands
upon reserve components for our nation's defense, we are continually
faced with the challenge of providing benefits commensurate to the
demands placed on these men and woman. Provisions on H.R. 4110
extending V.A. loan benefits and some burial entitlement for members of
the Selected Reserves would definitely go towards recognizing the vital
role of ``citizen soldiers'' in our nation's defense.
Amid accusations that our veterans are being ``sold out'' and that we
have reneged on our promises, I urge my colleagues to take a step
towards reassuring our commitment to the brave men and women who served
and made great sacrifices for this nation.
Mr. EVERETT. Mr. Speaker, I rise in strong support of H.R. 4110, the
Veterans Benefits Improvement Act of 1998. I am very pleased that, once
again, veterans with service-connected disabilities and the families of
veterans who died from service-connected causes should receive a full
cost of living adjustment (COLA) for 1999.
This Congress is maintaining America's commitment to those who have
answered the call to defend our great country and its freedoms. H.R.
4110 would provide a COLA commensurate with the Social Security COLA,
which will be calculated at the end of this September. The increased
benefit rate would begin on December 1, 1998. If it were calculated
right now, it would be about 1.6 percent.
As my colleagues have already described, this pro-veteran legislation
would also improve several veterans programs. It would improve
education benefits by giving veterans greater flexibility on payment of
work-study allowances and by allowing credit for life and work
experiences to establish eligibility for the GI Bill.
This legislation would allow Federal, State and local governments to
waive wage increase requirements and minimum payment rates for certain
government on-the-job training programs, thereby making these programs
more accessible to veterans. The VA and military services would also be
required to provide service members and veterans better information
about their GI Bill benefits.
Recognizing the increasing importance of our Nation's Reserve and
National Guard forces, H.R. 4110 would establish their permanent
eligibility for veterans housing loans and would authorize the VA to
furnish burial flags for deceased members of the reserve components
even before they are eligible for retirement.
This bill has too many good provisions in it for complete discussion
here, so I have chosen only a few. Certainly, I support all of the
bill.
Mr. Speaker, I want to commend Chairman Stump of the full Committee,
Mr. Evans, the Ranking Minority Member, Chairman Quinn of the
Subcommittee on Benefits, and Mr. Filner, the Subcommittee's Ranking
Minority Member, for their hard work and bipartisan approach on the
bill. I am pleased to join them in cosponsoring the bill.
And finally, Mr. Speaker, I urge all of my colleagues to act
favorably on this measure.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 4110,
the Veterans' Benefits Improvement Act.
H.R. 4110 authorizes a full cost-of-living adjustment for veterans
with service connected disabilities and the rates of dependency and
indemnity compensation (DIC) for the survivors of certain disabled
veterans, for FY 1999. It also simplifies VA education programs, makes
reservists and National Guard members permanently eligible for the VA
Home Loan Program, and makes internal improvements to the operation of
the U.S. Court of Veterans Appeals.
The disability compensation program is intended to provide some
relief for those veterans whose earning potential has been adversely
impacted as a result of disabilities incurred during military service.
The survivors benefit program is intended to provide partial
compensation to the appropriate survivors for a loss of financial
support due to a service-connected death.
Congress has provided an annual cost-of-living adjustment to these
veterans and survivors since 1976.
This legislation also addresses a potential future problem for the
Court of Veterans Appeals. Beginning in 2004, five of the six original
appointees on this court will be eligible for retirement. Moreover, the
last two years have seen a substantial increase in the workload and
backlog of cases pending before the court.
This legislation permits the Court of Veterans Appeals to operate in
a manner similar to other Federal courts, whereby retired judges are
permitted to volunteer their services in a limited capacity, typically
25% of a normal workload. These judges receive retired pay equal to
that of an active judge in exchange for their services.
This goal of this provision is to provide an effective measure to
help reduce overall workload and shorten the time that veterans must
wait for decisions on their appeals.
Finally, H.R. 4110 makes permanent the authority of the VA to
guarantee home loans for National Guard and Reserve members. This
authority was previously set to expire on September 30, 1999.
Mr. Speaker, I believe this is worthy legislation and an appropriate
response of this legislative body to the sacrifices made by our
Nation's veterans and their families.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this
bill, which makes substantial improvements to our national policy as it
relates to veterans. The special contributions that veterans have made
to the history of this country are under-appreciated and this bill, I
believe, tries to bring much needed satisfaction to our real-life
heroes.
H.R. 4110 contains several provisions posed to improve current
policy. First and foremost, it amends Title 38 to require the
Department of Veterans Affairs to use free and open competition in the
award of Veteran's housing contracts. We have opened the doors of
privatization in other segments of our society, and it is about time
that we start to let market forces work for us in our military
expenditures.
This bill also raises the cost of living allowances given to veterans
and survivors who are receiving funds from the VA, which should give
immediate relief to families who have had a hard time dealing with the
modern economy. This provision is especially important because, many
times, these funds are the sole source of income for these families.
Other important provisions in the bill improve the quality of life
for veterans by providing valuable services for their families, for
instance, by improving the way home loan guarantees are issued. Another
important change in this bill makes it easier for individuals attending
schools on the GI Bill to receive their degrees, an always important
goal. Although these changes may seem insignificant to some, I have no
doubt that the veterans of this great country will appreciate each and
every change made on their behalf in this bill.
I applaud the efforts of the Committee on Veterans' Affairs, who
reported this bill favorably with a unanimous vote, for their hard
work, and I urge my colleagues here today to do H.R. 4110 similar
justice by passing it unanimously as well.
Mr. STUMP. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on
the motion offered by the gentleman from Arizona (Mr. Stump) that the
House suspend the rules and pass the bill, H.R. 4110, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________