[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.

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