[Congressional Record Volume 147, Number 73 (Thursday, May 24, 2001)]
[House]
[Pages H2687-H2692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS OPPORTUNITIES ACT OF 2001
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent to take
from the Speaker's table the bill (H.R. 801) to amend title 38, United
States Code, to improve programs of educational assistance, to expand
programs of transition assistance and outreach to departing
servicemembers, veterans, and dependents, to increase burial benefits,
to provide for family coverage under Servicemembers' Group Life
Insurance, and for other purposes, with Senate amendments thereto, and
concur in the Senate amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amendments, as follows:
Senate amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Survivor Benefits Improvements Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Eligibility for benefits under CHAMPVA for veterans' survivors
who are eligible for hospital insurance benefits under
the medicare program.
Sec. 4. Family coverage under Servicemembers' Group Life Insurance.
Sec. 5. Retroactive applicability of increase in maximum SGLI benefit
for members dying in performance of duty on or after
October 1, 2000.
Sec. 6. Expansion of outreach efforts to eligible dependents.
Sec. 7. Technical amendments to the Montgomery GI Bill statute.
Sec. 8. Miscellaneous 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.
SEC. 3. ELIGIBILITY FOR BENEFITS UNDER CHAMPVA FOR VETERANS'
SURVIVORS WHO ARE ELIGIBLE FOR HOSPITAL
INSURANCE BENEFITS UNDER THE MEDICARE PROGRAM.
Subsection (d) of section 1713 is amended to read as
follows:
``(d)(1)(A) An individual otherwise eligible for medical
care under this section who is also entitled to hospital
insurance benefits under part A of the medicare program is
eligible for medical care under this section only if the
individual is also enrolled in the supplementary medical
insurance program under part B of the medicare program.
``(B) The limitation in subparagraph (A) does not apply to
an individual who--
``(i) has attained 65 years of age as of the date of the
enactment of the Veterans' Survivor Benefits Improvements Act
of 2001; and
``(ii) is not enrolled in the supplementary medical
insurance program under part B of the medicare program as of
that date.
``(2) Subject to paragraph (3), if an individual described
in paragraph (1) receives medical care for which payment may
be made under both this section and the medicare program, the
amount payable for such medical care under this section shall
be the amount by which (A) the costs for such medical care
exceed (B) the sum of--
``(i) the amount payable for such medical care under the
medicare program; and
``(ii) the total amount paid or payable for such medical
care by third party payers other than the medicare program.
``(3) The amount payable under this subsection for medical
care may not exceed the total amount that would be paid under
subsection (b) if payment for such medical care were made
solely under subsection (b).
``(4) In this paragraph:
``(A) The term `medicare program' means the program of
health insurance administered by the Secretary of Health and
Human Services under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
``(B) The term `third party' has the meaning given that
term in section 1729(i)(3) of this title.''.
SEC. 4. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Insurable Dependents.--(1) Section 1965 is amended by
adding at the end the following new paragraph:
[[Page H2688]]
``(10) The term `insurable dependent', with respect to a
member, means the following:
``(A) The member's spouse.
``(B) The member's child, as defined in the first sentence
of section 101(4)(A) of this title.''.
(2) Section 101(4)(A) is amended in the matter preceding
clause (i) by inserting ``(other than with respect to a child
who is an insurable dependent under section 1965(10)(B) of
such chapter)'' after ``except for purposes of chapter 19 of
this title''.
(b) Insurance Coverage.--(1) Subsection (a) of section 1967
is amended to read as follows:
``(a)(1) Subject to an election under paragraph (2), any
policy of insurance purchased by the Secretary under section
1966 of this title shall automatically insure the following
persons against death:
``(A) In the case of any member of a uniformed service on
active duty (other than active duty for training)--
``(i) the member; and
``(ii) each insurable dependent of the member.
``(B) Any member of a uniformed service on active duty for
training or inactive duty training scheduled in advance by
competent authority.
``(C) In the case of any member of the Ready Reserve of a
uniformed service who meets the qualifications set forth in
section 1965(5)(B) of this title--
``(i) the member; and
``(ii) each insurable dependent of the member.
``(2)(A) A member may elect in writing not to be insured
under this subchapter.
``(B) A member may elect in writing not to insure the
member's spouse under this subchapter.
``(3)(A) Subject to subparagraphs (B) and (C), the amount
for which a person is insured under this subchapter is as
follows:
``(i) In the case of a member, $250,000.
``(ii) In the case of a member's spouse, $100,000.
``(iii) In the case of a member's child, $10,000.
``(B) A member may elect in writing to be insured or to
insure the member's spouse in an amount less than the amount
provided for under subparagraph (A). The member may not elect
to insure the member's child in an amount less than $10,000.
The amount of insurance so elected shall, in the case of a
member or spouse, be evenly divisible by $10,000.
``(C) In no case may the amount of insurance coverage under
this subsection of a member's spouse exceed the amount of
insurance coverage of the member.
``(4)(A) An insurable dependent of a member is not insured
under this chapter unless the member is insured under this
subchapter.
``(B) An insurable dependent who is a child may not be
insured at any time by the insurance coverage under this
chapter of more than one member. If an insurable dependent
who is a child is otherwise eligible to be insured by the
coverage of more than one member under this chapter, the
child shall be insured by the coverage of the member whose
eligibility for insurance under this subchapter occurred
first, except that if that member does not have legal custody
of the child, the child shall be insured by the coverage of
the member who has legal custody of the child.
``(5) The insurance shall be effective with respect to a
member and the insurable dependents of the member on the
latest of the following dates:
``(A) The first day of active duty or active duty for
training.
``(B) The beginning of a period of inactive duty training
scheduled in advance by competent authority.
``(C) The first day a member of the Ready Reserve meets the
qualifications set forth in section 1965(5)(B) of this title.
``(D) The date certified by the Secretary to the Secretary
concerned as the date Servicemembers' Group Life Insurance
under this subchapter for the class or group concerned takes
effect.
``(E) In the case of an insurable dependent who is a
spouse, the date of marriage of the spouse to the member.
``(F) In the case of an insurable dependent who is a child,
the date of birth of such child or, if the child is not the
natural child of the member, the date on which the child
acquires status as an insurable dependent of the member.''.
(2) Subsection (c) of such section is amended by striking
the first sentence and inserting the following: ``If a person
eligible for insurance under this subchapter is not so
insured, or is insured for less than the maximum amount
provided for the person under subparagraph (A) of subsection
(a)(3), by reason of an election made by a member under
subparagraph (B) of that subsection, the person may
thereafter be insured under this subchapter in the maximum
amount or any lesser amount elected as provided in such
subparagraph (B) upon written application by the member,
proof of good health of each person (other than a child) to
be so insured, and compliance with such other terms and
conditions as may be prescribed by the Secretary.''.
(c) Termination of Coverage.--(1) Subsection (a) of section
1968 is amended--
(A) in the matter preceding paragraph (1), by inserting
``and any insurance thereunder on any insurable dependent of
such a member,'' after ``any insurance thereunder on any
member of the uniformed services,''; and
(B) by adding at the end the following new paragraph:
``(5) With respect to an insurable dependent of the member,
insurance under this subchapter shall cease--
``(A) 120 days after the date of an election made in
writing by the member to terminate the coverage; or
``(B) on the earliest of--
``(i) 120 days after the date of the member's death;
``(ii) 120 days after the date of termination of the
insurance on the member's life under this subchapter; or
``(iii) 120 days after the termination of the dependent's
status as an insurable dependent of the member.''.
(2) Such subsection is further amended--
(A) in the matter preceding paragraph (1), by striking ``,
and such insurance shall cease--'' and inserting ``and such
insurance shall cease as follows:'';
(B) by striking ``with'' after the paragraph designation in
each of paragraphs (1), (2), (3), and (4) and inserting
``With'';
(C) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``thirty-one days--'' and inserting ``31 days, insurance
under this subchapter shall cease--'';
(ii) in subparagraph (A)--
(I) by striking ``one hundred and twenty days'' after
``(A)'' and inserting ``120 days''; and
(II) by striking ``prior to the expiration of one hundred
and twenty days'' and inserting ``before the end of 120
days''; and
(iii) by striking the semicolon at the end of subparagraph
(B) and inserting a period;
(D) in paragraph (2)--
(i) by striking ``thirty-one days'' and inserting ``31
days,'';
(ii) by striking ``one hundred and twenty days'' both
places it appears and inserting ``120 days''; and
(iii) by striking the semicolon at the end and inserting a
period;
(E) in paragraph (3)--
(i) by inserting a comma after ``competent authority'';
(ii) by striking ``one hundred and twenty days'' both
places it appears and inserting ``120 days''; and
(iii) by striking ``; and'' at the end and inserting a
period; and
(F) in paragraph (4), by inserting ``insurance under this
subchapter shall cease'' before ``120 days after '' the first
place it appears.
(3) Subsection (b)(1)(A) of such section is amended by
inserting ``(to insure against death of the member only)''
after ``converted to Veterans' Group Life Insurance''.
(d) Premiums.--Section 1969 is amended by adding at the end
the following new subsections:
``(g)(1)(A) During any period in which a spouse of a member
is insured under this subchapter and the member is on active
duty, there shall be deducted each month from the member's
basic or other pay until separation or release from active
duty an amount determined by the Secretary as the premium
allocable to the pay period for providing that insurance
coverage. No premium may be charged for providing insurance
coverage for a child.
``(B) During any month in which a member is assigned to the
Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of
this title and the spouse of the member is insured under a
policy of insurance purchased by the Secretary under section
1966 of this title, there shall be contributed from the
appropriation made for active duty pay of the uniformed
service concerned an amount determined by the Secretary
(which shall be the same for all such members) as the share
of the cost attributable to insuring the spouse of such
member under this policy, less any costs traceable to the
extra hazards of such duty in the uniformed services. Any
amounts so contributed on behalf of any individual shall be
collected by the Secretary concerned from such individual (by
deduction from pay or otherwise) and shall be credited to the
appropriation from which such contribution was made.
``(2)(A) The Secretary shall determine the premium amounts
to be charged for life insurance coverage for spouses of
members under this subchapter.
``(B) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(C) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate
may be adjusted for any such subsequent policy year on the
basis of the experience under the policy, as determined by
the Secretary in advance of that policy year.
``(h) Any overpayment of a premium for insurance coverage
for an insurable dependent of a member that is terminated
under section 1968(a)(5) of this title shall be refunded to
the member.''.
(e) Payments of Insurance Proceeds.--Section 1970 is
amended by adding at the end the following new subsection:
``(i) Any amount of insurance in force on an insurable
dependent of a member under this subchapter on the date of
the dependent's death shall be paid, upon the establishment
of a valid claim therefor, to the member or, in the event of
the member's death before payment to the member can be made,
then to the person or persons entitled to receive payment of
the proceeds of insurance on the member's life under this
subchapter.''.
(f) Conversion of SGLI to Private Life Insurance.--Section
1968(b) is amended by adding at the end the following new
paragraph:
``(3)(A) In the case of a policy purchased under this
subchapter for an insurable dependent who is a spouse, upon
election of the spouse, the policy may be converted to an
individual policy of insurance under the same conditions as
described in section 1977(e) of this title (with respect to
conversion of a Veterans' Group Life Insurance policy to such
an individual policy) upon written application for conversion
made to the participating company selected by the spouse and
payment of the required premiums. Conversion of such policy
to Veterans' Group Life Insurance is prohibited.
``(B) In the case of a policy purchased under this
subchapter for an insurable dependent who
[[Page H2689]]
is a child, such policy may not be converted under this
subsection.''.
(g) Effective Date and Initial Implementation.--(1) The
amendments made by this section shall take effect on the
first day of the first month that begins more than 120 days
after the date of the enactment of this Act.
(2) Each Secretary concerned, acting in consultation with
the Secretary of Veterans Affairs, shall take such action as
is necessary to ensure that during the period between the
date of the enactment of this Act and the effective date
determined under paragraph (1) each eligible member--
(A) is furnished an explanation of the insurance benefits
available for dependents under the amendments made by this
section; and
(B) is afforded an opportunity before such effective date
to make elections that are authorized under those amendments
to be made with respect to dependents.
(3) For purposes of paragraph (2):
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 38, United States Code.
(B) The term ``eligible member'' means a member of the
uniformed services described in subparagraph (A) or (C) of
section 1967(a)(1) of title 38, United States Code, as
amended by subsection (b)(1).
SEC. 5. RETROACTIVE APPLICABILITY OF INCREASE IN MAXIMUM SGLI
BENEFIT FOR MEMBERS DYING IN PERFORMANCE OF
DUTY ON OR AFTER OCTOBER 1, 2000.
(a) Applicability of Increase in Benefit.--Notwithstanding
subsection (c) of section 312 of the Veterans Benefits and
Health Care Improvement Act of 2000 (Public Law 106-419; 114
Stat. 1854), the amendments made by subsection (a) of that
section shall take effect on October 1, 2000, with respect to
any member of the uniformed services who died in the
performance of duty (as determined by the Secretary
concerned) during the period beginning on October 1, 2000,
and ending at the close of March 31, 2001, and who on the
date of death was insured under the Servicemembers' Group
Life Insurance program under subchapter III of chapter 19 of
title 38, United States Code, for the maximum coverage
available under that program.
(b) Definitions.--In this section:
(1) The term ``Secretary concerned'' has the meaning given
that term in section 101(25) of title 38, United States Code.
(2) The term ``uniformed services'' has the meaning given
that term in section 1965(6) of title 38, United States Code.
SEC. 6. EXPANSION OF OUTREACH EFFORTS TO ELIGIBLE DEPENDENTS.
(a) Availability of Outreach Services for Children,
Spouses, Surviving Spouses, and Dependent Parents.--Paragraph
(2) of section 7721(b) is amended to read as follows:
``(2) the term `eligible dependent' means a spouse,
surviving spouse, child, or dependent parent of a person who
served in the active military, naval, or air service.''.
(b) Improved Outreach Program.--(1) Subchapter II of
chapter 77 is amended by adding at the end the following new
section:
``Sec. 7727. Outreach for eligible dependents
``(a) In carrying out this subchapter, the Secretary shall
ensure that the needs of eligible dependents are fully
addressed.
``(b) The Secretary shall ensure that the availability of
outreach services and assistance for eligible dependents
under this subchapter is made known through a variety of
means, including the Internet, announcements in veterans
publications, and announcements to the media.''.
(2) The table of sections at the beginning of that chapter
is amended by inserting after the item relating to section
7726 the following new item:
``7727. Outreach for eligible dependents.''.
SEC. 7. TECHNICAL AMENDMENTS TO THE MONTGOMERY GI BILL
STATUTE.
(a) Clarification of Eligibility Requirement for
Benefits.--
(1) In general.--Clause (i) of section 3011(a)(1)(A), as
amended by section 103(a)(1)(A) of the Veterans Benefits and
Health Care Improvement Act of 2000 (Public Law 106-419; 114
Stat. 1825), is amended by striking ``serves an obligated
period of active duty of'' and inserting ``(I) in the case of
an individual whose obligated period of active duty is three
years or more, serves at least three years of continuous
active duty in the Armed Forces, or (II) in the case of an
individual whose obligated period of active duty is less than
three years, serves''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted on November 1, 2000,
immediately after the enactment of the Veterans Benefits and
Health Care Improvement Act of 2000 (Public Law 106-419).
(b) Entitlement Charge for Off-Duty Training and
Education.--
(1) In general.--Section 3014(b)(2) is amended--
(A) in subparagraph (A), by striking ``(without regard to''
and all that follows through ``this subsection''; and
(B) by adding at the end the following new subparagraph:
``(C) The number of months of entitlement charged under
this chapter in the case of an individual who has been paid a
basic educational assistance allowance under this subsection
shall be equal to the number (including any fraction)
determined by dividing the total amount of such educational
assistance allowance paid the individual by the full-time
monthly institutional rate of educational assistance which
such individual would otherwise be paid under subsection
(a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of
this title, as the case may be.''.
(2) Conforming amendments.--(A) Section 3015 is amended--
(i) in subsections (a)(1) and (b)(1), by inserting
``subsection (h)'' after ``from time to time under''; and
(ii) by striking the subsection that was inserted as
subsection (g) by section 1602(b)(3)(C) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-359)
and redesignated as subsection (h) by 105(b)(2) of the
Veterans Benefits and Health Care Improvement Act of 2000
(Public Law 106-419; 114 Stat. 1829).
(B) Section 3032(b) is amended--
(i) by striking ``the lesser of'' and inserting ``the least
of the following:'';
(ii) by striking ``or'' after ``chapter,''; and
(iii) by inserting before the period at the end the
following: ``, or (3) the amount of the charges of the
educational institution elected by the individual under
section 3014(b)(1) of this title''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if enacted on November 1, 2000,
immediately after the enactment of the Veterans Benefits and
Health Care Improvement Act of 2000 (Public Law 106-419).
(c) Incremental Increases for Contributing Active Duty
Members.--
(1) Active duty program.--Section 3011(e), as added by
section 105(a)(1) of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1828),
is amended--
(A) in paragraph (2), by inserting ``, but not more
frequently than monthly'' before the period;
(B) in paragraph (3), by striking ``$4'' and inserting
``$20''; and
(C) in paragraph (4)--
(i) by striking ``Secretary. The'' and inserting
``Secretary of the military department concerned. That''; and
(ii) by striking ``by the Secretary''.
(2) Selected reserve program.--Section 3012(f), as added by
section 105(a)(2) of such Act, is amended--
(A) in paragraph (2), by inserting ``, but not more
frequently than monthly'' before the period;
(B) in paragraph (3), by striking ``$4'' and inserting
``$20''; and
(C) in paragraph (4)--
(i) by striking ``Secretary. The'' and inserting
``Secretary of the military department concerned. That''; and
(ii) by striking ``by the Secretary''.
(3) Increased assistance amount.--Section 3015(g), as added
by section 105(b)(3) of such Act, is amended--
(A) in the matter preceding paragraph (1), by inserting
``effective as of the first day of the enrollment period
following receipt of such contributions from such individual
by the Secretary concerned,'' after ``by section 3011(e) or
3012(f) of this title,''; and
(B) in paragraph (1)--
(i) by striking ``$1'' and inserting ``$5'';
(ii) by striking ``$4'' and inserting ``$20''; and
(iii) by inserting ``of this title'' after ``section
3011(e) or 3012(f)''.
(4) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
105 of the Veterans Benefits and Health Care Improvement Act
of 2000 (Public Law 106-419; 114 Stat. 1828).
(d) Death Benefits.--
(1) In general.--Paragraph (1) of section 3017(b) is
amended to read as follows:
``(1) the total of--
``(A) the amount reduced from the individual's basic pay
under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b),
3018C(b), or 3018C(e) of this title;
``(B) the amount reduced from the individual's retired pay
under section 3018C(e) of this title;
``(C) the amount collected from the individual by the
Secretary under section 3018B(b), 3018C(b), or 3018C(e) of
this title; and
``(D) the amount of any contributions made by the
individual under section 3011(c) or 3012(f) of this title,
less''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as of May 1, 2001.
(e) Clarification of Contributions Required by VEAP
Participants Who Enroll in Basic Educational Assistance.--
(1) Clarification.--Section 3018C(b), as amended by section
104(b) of the Veterans Benefits and Health Care Improvement
Act of 2000 (Public Law 106-419; 114 Stat. 1828), is amended
by striking ``or (e)''.
(2) Treatment of certain contributions.--Any amount
collected under section 3018C(b) of title 38, United States
Code (whether by reduction in basic pay under paragraph (1)
of that section, collection under paragraph (2) of that
section, or both), with respect to an individual who enrolled
in basic educational assistance under section 3018C(e) of
that title, during the period beginning on November 1, 2000,
and ending on the date of the enactment of this Act, shall be
treated as an amount collected with respect to the individual
under section 3018C(e)(3)(A) of that title (whether as a
reduction in basic pay under clause (i) of that section, a
collection under clause (ii) of that section, or both) for
basic educational assistance under section 3018C of that
title.
(f) Clarification of Time Period for Election of Beginning
of Chapter 35 Eligibility for Dependents.--
(1) In general.--(A) Section 3512(a)(3)(B), as amended by
section 112 of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1831),
is amended to read as follows:
``(B) the eligible person elects that beginning date by not
later than the end of the 60-day period beginning on the date
on which the Secretary provides written notice to that person
of
[[Page H2690]]
that person's opportunity to make such election, such notice
including a statement of the deadline for the election
imposed under this subparagraph; and''.
(B) Section 3512(a)(3)(C), as so amended, is amended by
striking ``between the dates described in'' and inserting
``the date determined pursuant to''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if enacted on November 1, 2000,
immediately after the enactment of the Veterans Benefits and
Health Care Improvement Act of 2000.
SEC. 8. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Title 38, United States Code.--Title 38, United States
Code, is amended as follows:
(1) Effective as of November 1, 2000, section 107 is
amended--
(A) in the second sentence of subsection (a), by inserting
``or (d)'' after ``subsection (c)'';
(B) by redesignating the second subsection (c) (added by
section 332(a)(2) of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419)) as subsection
(d); and
(C) in subsection (d), as so redesignated, by striking
``In'' in paragraph (1) and inserting ``With respect to
benefits under chapter 23 of this title, in''.
(2) Section 1710B(c)(2)(B) is amended by striking ``on the
date of the enactment of the Veterans Millennium Health Care
and Benefits Act'' and inserting ``November 30, 1999''.
(3) Section 2301(f) is amended--
(A) in the matter in paragraph (1) preceding subparagraph
(A), by striking ``(as'' and all that follows through ``in
section'' and inserting ``(as described in section''; and
(B) in paragraph (2), by striking ``subparagraphs'' and
inserting ``subparagraph''.
(4) Section 3452 is amended--
(A) in subsection (a)(1)--
(i) by striking ``or'' at the end of subparagraph (A); and
(ii) by striking ``clause (B) of this paragraph'' in
subparagraph (C) and inserting ``subparagraph (B)'';
(B) in subsection (a)(2)--
(i) by striking ``paragraph (1)(A) or (B)'' and inserting
``subparagraph (A) or (B) of paragraph (1)''; and
(ii) by striking ``one hundred and eighty days'' and
inserting ``180 days'';
(C) in subsection (a)(3), by striking ``section 511(d) of
title 10'' and inserting ``section 12103(d) of title 10'';
and
(D) in subsection (e), by striking ``chapter 4C of title
29,'' and inserting ``the Act of August 16, 1937, popularly
known as the `National Apprenticeship Act' (29 U.S.C. 50 et
seq.),''.
(5) Section 3462(a) is amended by striking paragraph (3).
(6) Section 3512 is amended--
(A) in subsection (a)(5), by striking ``clause (4) of this
subsection'' and inserting ``paragraph (4)''; and
(B) in subsection (b)(2), by striking ``willfull'' and
inserting ``willful''.
(7) Section 3674 is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (A)--
(I) by striking ``, effective at the beginning of fiscal
year 1988,''; and
(II) by striking ``section 3674A(a)(4)'' and inserting
``section 3674A(a)(3)'';
(ii) in subparagraph (B), by striking ``paragraph (3)(A)''
and inserting ``paragraph (3)''; and
(iii) in subparagraph (C), by striking ``section
3674A(a)(4)'' and inserting ``section 3674A(a)(3)''; and
(B) in subsection (c)--
(i) by striking ``on September 30, 1978, and''; and
(ii) by striking ``thereafter,''.
(8) Section 3674A(a)(2) is amended by striking ``clause
(1)'' and inserting ``paragraph (1)''.
(9) Section 3734(a) is amended--
(A) by striking ``United States Code,'' in the matter
preceding paragraph (1); and
(B) by striking ``appropriations in'' in paragraph (2) and
inserting ``appropriations for''.
(10) Section 4104 is amended--
(A) in subsection (a)(1)--
(i) by striking ``Beginning with fiscal year 1988,'' and
inserting ``For any fiscal year,'';
(ii) by striking ``clause'' in subparagraph (B) and
inserting ``subparagraph''; and
(iii) by striking ``clauses'' in subparagraph (C) and
inserting ``subparagraphs'';
(B) in subsection (a)(4), by striking ``on or after July 1,
1988''; and
(C) in subsection (b)--
(i) by striking ``shall--'' in the matter preceding
paragraph (1) and inserting ``shall perform the following
functions:''
(ii) by capitalizing the initial letter of the first word
of each of paragraphs (1) through (12);
(iii) by striking the semicolon at the end of each of
paragraphs (1) through (10) and inserting a period; and
(iv) by striking ``; and'' at the end of paragraph (11) and
inserting a period.
(11) Section 4303(13) is amended by striking the second
period at the end.
(12) Section 5103(b)(1) is amended by striking ``1 year''
and inserting ``one year''.
(13) Section 5701(g) is amended by striking ``clause'' in
paragraphs (2)(B) and (3) and inserting ``subparagraph''.
(14)(A) Section 7367 is repealed.
(B) The table of sections at the beginning of chapter 73 is
amended by striking the item relating to section 7367.
(15) Section 8125(d) is amended--
(A) in paragraph (1), by striking ``(beginning in 1992)'';
(B) in paragraph (2), by striking ``(beginning in 1993)'';
and
(C) by striking paragraph (3).
(16) The following provisions are each amended by striking
``hereafter'' and inserting ``hereinafter'': sections
545(a)(1), 1710B(e)(1), 3485(a)(1), 3537(a), 3722(a),
3763(a), 5121(a), 7101(a), 7105(b)(1), 7671, 7672(e)(1)(B),
7681(a)(1), 7801, and 8520(a).
(b) Public Law 106-419.--Effective as of November 1, 2000,
and as if included therein as originally enacted, the
Veterans Benefits and Health Care Improvement Act of 2000
(Public Law 106-419) is amended as follows:
(1) Section 111(f)(3) (114 Stat. 1831) is amended by
striking ``3654'' and inserting ``3564''.
(2) Section 323(a)(1) (114 Stat. 1855) is amended by
inserting a comma in the second quoted matter therein after
``duty''.
(3) Section 401(e)(1) (114 Stat. 1860) is amended by
striking ``this'' both places it appears in quoted matter and
inserting ``This''.
(4) Section 402(b) (114 Stat. 1861) is amended by striking
the close quotation marks and period at the end of the table
in paragraph (2) of the matter inserted by the amendment made
that section.
(c) Public Law 102-590.--Section 3(a)(1) of the Homeless
Veterans Comprehensive Service Programs Act of 1992 (38
U.S.C. 7721 note) is amended by striking ``, during,''.
Amend the title so as to read: ``An Act to amend title 38,
United States Code, to expand eligibility for CHAMPVA, to
provide for family coverage and retroactive expansion of the
increase in maximum benefits under Servicemembers' Group Life
Insurance, to make technical amendments, and for other
purposes.''.
Mr. SMITH of New Jersey (during the reading). Mr. Speaker, I ask
unanimous consent that the Senate amendments be considered as read and
printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from New Jersey?
Mr. EVANS. Mr. Speaker, reserving the right to object, I do not plan
to object, but reserve my right to object.
Mr. Speaker, I rise in strong support of H.R. 1801, the Veterans'
Survival Benefits Improvements Act of 2001, and I encourage all Members
of the House to support this measure.
The measure now before the House is derived from legislation approved
by this body earlier this year. This legislation contains several
important provisions contained in the House-passed bill, an important
healthcare provision proposed by the other body, and several technical
amendments.
Mr. Speaker, I would prefer that all the provisions contained in H.R.
801 as approved by the House earlier this year were included in the
measure before us now, but that is not the case. Mr. Speaker, I am
committed, as I know the gentleman from New Jersey (Mr. Smith) is, to
pursuing the enactment of all the provisions contained in the bill as
originally approved by the House.
The legislation includes a number of important provisions which
deserve the support of this House. These include increasing from
$200,000 to $250,000, effective October 1, 2000, the maximum
Servicemembers' Group Life Insurance Benefit for survivors of
servicemen who died in the performance of duty and who were previously
insured for the maximum benefits.
Mr. Speaker, I thank the gentleman from Texas (Mr. Reyes) for his
determined leadership on this important issue requiring the VA to
ensure that eligible dependents are made aware of VA services through
media and veterans' publications. This provision is derived from the
legislation authored by the gentleman from Pennsylvania (Mr. Doyle), a
committed advocate for veterans and their dependents and survivors; and
I want to salute the gentleman for his successful leadership for VA
outreach to the dependents.
It also includes coverage under the Servicemembers' Group Life
Insurance and provides for benefits under CHAMPVA for veterans'
survivors and those eligible for hospital insurance benefits under
Medicare.
Mr. Speaker, I thank everyone who has contributed to this measure.
This is a good piece of legislation. Mr. Speaker, I encourage all of my
Members to support it.
Mr. Speaker, under my reservation of objection, I yield to the
gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from
Illinois (Mr. Evans), my good friend, for yielding to me.
Mr. Speaker, as chairman of the Committee on Veterans' Affairs, I am
very proud to bring to the floor today H.R. 801, as amended, the
Veterans' Survivor Benefits Improvements Act of 2001.
[[Page H2691]]
It is fitting that we consider this legislation shortly before the
Memorial Day period, a day on which we remember all of those who died
while serving in our Nation's Armed Forces.
This bill is a reminder of what we have owed to the survivors of our
servicemen and women. And although much remains to be done by this
Congress, it is the harbinger of what we can accomplish to keep our
commitment to veterans and to their families.
Mr. Speaker, those who have been following this particular bill may
be a little bit surprised that it does not contain all of the
provisions that were in the bill when we originally passed it in the
House late March. Mr. Speaker, I want to ensure my colleagues that
those provisions that were stricken by the Senate amendment remain the
subject of a very active conversation between our colleagues over on
the Senate side. We expect that the Senate will hold hearings on most,
if not all, of those provisions later this year and we will be
reintroducing them as well.
Virtually all of those who have testified before our Subcommittee on
Benefits earlier this year expressed support for the provision of H.R.
801; and I anticipate that when the Senate holds its hearings, they
will have the input from the VSOs and will be supportive of those
provisions.
Mr. Speaker, I also want to encourage the Senate to give favorable
consideration to H.R. 811, the Veterans Hospital Emergency Repair Act;
and I just remind my colleagues that we passed that last March as well.
Mr. Speaker, at this time I would like to provide a very brief
explanation of the provisions being considered today. When Congress
created the Civilian Health and Medical Program, Veterans Affairs
program nearly 30 years ago, it intended CHAMPVA to provide services
for certain severely disabled veterans' families that were similar to
the benefits furnished to retired families under CHAMPUS.
Over the years, however, CHAMPUS changed from a simple fee-basis
reimbursement program to a managed care activity now known as TRICARE.
Last year, TRICARE became entwined with Medicare as a secondary payer
for military retired families under the ``TRICARE for Life'' extension
approved by the Floyd Spence National Defense Authorization Act for
Fiscal Year 2001.
What we are doing today with H.R. 801 is an effort to make the two
programs comparable once again by authorizing benefits similar to those
under the TRICARE for Life.
H.R. 801 also directs VA to improve outreach services of spouses,
surviving spouses, children and dependent parents of veterans and
requires the VA to ensure that eligible dependents are made aware of
veterans' services through the media and veterans' publications.
As amended, H.R. 801 retains the House provision to expand the
Servicemembers' Group Life Insurance program to provide coverage for
the spouse and children of a servicemember enrolled in the insurance
program. This is a very family-friendly provision, and I am glad it
survived over on the Senate side.
Finally, Mr. Speaker, within the last few years, we have lost a
number of servicemembers to plane crashes, training accidents, and, of
course, to acts of terrorism at sea. Last year, the Congress approved
legislation to increase the maximum amount of the Servicemembers' Group
Life Insurance from $200,000 to $250,000. Even though the bill was
signed into law on November 1 of 2000, this particular provision did
not go into effect until April of this year. The Senate amendment to
H.R. 801 leaves unchanged the House proposal to provide an increase
retroactive to October 1, 2000 for survivors of servicemembers who died
during the performance of their duty and had previously elected maximum
insurance amount.
Mr. Speaker, I want to thank the gentleman from Texas (Mr. Reyes),
the gentlewoman from Virginia (Mrs. Jo Ann Davis), along with Senator
John Warner, for working with the full committee and for working so
very hard on this provision.
Mr. Speaker, I want to thank the gentleman from Illinois (Mr. Evans)
for the gentleman's steadfast leadership, not just for this provision,
but for all of the contents of this bill and for working in a very
bipartisan way on so many of these issues that we have and will
continue to bring to the floor.
Mr. EVANS. Mr. Speaker, further reserving the right to object, I
yield to the gentleman from Texas (Mr. Reyes).
Mr. REYES. Mr. Speaker, I thank the gentleman for yielding to me.
Mr. Speaker, as an original cosponsor and strong supporter of H.R.
801, the Veterans' Survivor Benefits Improvements Act of 2001, I am
pleased that we will have an opportunity to address some of its
provisions before this Memorial Day. It is our deeds, as well as our
words, that should be used to measure the respect that we pay our
departed servicemembers.
Mr. Speaker, I want to acknowledge the cooperation of the gentleman
from New Jersey (Chairman Smith) and the gentleman from Illinois (Mr.
Evans), the ranking member, as well as the gentleman from Arizona (Mr.
Hayworth), in working with the other body to move this legislation
forward. I hope that we will have an opportunity to address the
provisions of H.R. 801 not included in the Senate amendment in the very
near future.
Mr. Speaker, I particularly want to highlight the insurance
provisions of this bill. I am very pleased that the bill retains the
provision inserted at my request to make the beginning of fiscal year
2001 the effective date for the increase in the maximum amount of
Servicemembers' Group Life Insurance from $200,000 to $250,000 for
those who have lost their lives during the performance of military
duties.
{time} 1715
As a Vietnam veteran, I know the dangers of combat. Since October 1,
2000, we have sadly lost a number of uniformed service members during
the performance of military training exercises. As I emphasized during
the subcommittee hearing on H.R. 801, I was particularly concerned that
those who lost their lives in the terrorist attack on the U.S.S. Cole
as well as those, such as Specialist Rafael Olvera Rodriguez, who was
an El Paso native and died in the Black Hawk helicopter crash over
Hawaii, would qualify for increased maximum benefits.
Since the Cole attack, others performing official duties have died in
North Carolina, Georgia, and Kuwait. Two Coast Guardsmen died after an
accident while on patrol; two pilots died when their Army plane crashed
in Germany; and two Air Force planes disappeared from Scotland with the
loss of life.
The effective date of October 1, 2000, is intended to provide the
maximum benefit of $250,000 for SGLI insured members, such as those who
have lost their lives in the performance of their duty and who were
insured for the maximum benefit at the time of their deaths. I know
that the families of the SGLI members will certainly support this
benefit.
I also support the provision allowing family members to be covered
under the SGLI program. This is a needed improvement and will put our
service members on par with other persons who have access to commercial
insurance.
I strongly support the provisions for outreach to veterans'
dependents suggested by the gentleman from Pennsylvania (Mr. Doyle), a
very strong advocate for our Nation's veterans. Those who are entitled
to veterans' benefits must have appropriate information in order to
access them.
Finally, the technical amendments in the bill clarify important
provisions of law and will improve the administration of educational
benefits.
I cannot think of a better way for us to send a clear message this
Memorial Day than to support H.R. 801. I urge all Members to support
this bill.
Mr. MORAN of Kansas. Mr. Speaker, I want to recognize Chairman Smith,
Ranking Member Evans, Health Subcommittee Ranking Member Filner, as
well as Chairman Specter and Ranking Member Rockefeller of the Senate
Committee on Veterans' Affairs, for their leadership and support for
this bill, H.R. 801, the ``Veterans' Survivor Benefits Improvements Act
of 2001.''
Mr. Speaker, passage of this bill is a good reminder of why the
Nation celebrates Memorial Day. There are many ways that people choose
to honor our veterans. A number of veterans' organizations choose to
honor the brave men and women who have given their lives for this
country by observing a moment of silence. Others choose to visit one of
the
[[Page H2692]]
many memorials built in honor of veterans, and touch the engraved names
of their departed loved ones, to feel their presence once again. Those
of us here today on the floor of the House have the rare opportunity to
honor not only our veterans, but also their dependents and survivors as
well, with the passage of this legislation before us today.
Often on this floor Members recognize Americans who gave of
themselves because of love of country. Today I speak not only in praise
of our Nation's veterans but also in praise of their families and their
survivors. Throughout our history as a nation, the fight to protect and
preserve our freedoms has not only been met on the battlefield. It has
also been a struggle in the homes of our veterans--by mothers, fathers,
sons, and daughters, who carried on despite facing the illness, injury,
or loss of a loved one.
The ``Veterans' Survivor Benefits Improvements Act of 2001,''
legislation that we are approving today and sending to the President,
is a written acknowledgement of our debt. It establishes, in the
CHAMPVA program, health coverage equal to that of ``TRICARE for Life''
for military families. Under H.R. 801, any beneficiary covered by
CHAMPVA, who becomes eligible for Medicare, will automatically be
covered by CHAMPVA for ``out-of-pocket'' costs not paid by Medicare or
other insurance. In effect, CHAMPVA will become a secondary-payer for
these Medicare beneficiaries.
While we can never expect to balance the scales to pay back the
enormous debt we owe to our Nation's veterans and their families, we
can ensure our veterans and their families will have a better tomorrow.
As we approach another Memorial Day, let us pass this legislation to
show our commitment to all Americans who, in President Lincoln's
phrase, have ``borne the battle'' for this country.
Again, I thank the Chairman for his leadership, and urge my
colleagues to support this important legislation.
Mr. EVANS. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from New Jersey?
There was no objection.
A motion to reconsider was laid on the table.
____________________