[Congressional Record (Bound Edition), Volume 147 (2001), Part 7]
[House]
[Pages 9362-9367]
[From the U.S. 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

[[Page 9363]]

     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:
       ``(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

[[Page 9364]]

     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 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.

[[Page 9365]]

       (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 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

[[Page 9366]]

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.
  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

[[Page 9367]]

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 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.

                          ____________________