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United States · Law · HR

H.R. 4110 (105th)

Veterans Programs Enhancement Act of 1998

enactedUnited States· United States Congress· EN

Introduced

23 June 1998

Last action

—

Status

Became Public Law No: 105-368.

Sponsors

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Subjects

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Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Compensation Cost-of-Living Adjustment Title II: Education Benefits Title III: Court of Veterans Appeals Subtitle A: Administrative Provisions Relating to the Court Subtitle B: Retirement-Related Provisions Subtitle C: Renaming of Court Title IV: Other Matters Veterans Benefits Improvement Act of 1998 - Title I: Compensation Cost-of-Living Adjustment - Directs the Secretary of Veterans Affairs (Secretary), effective December 1, 1998, to increase the rates of and limitations on veterans' disability compensation, additional compensation for dependents of certain disabled veterans, the clothing allowance for certain service-disabled veterans, veterans' dependency and indemnity compensation (DIC) for surviving spouses and children, and supplemental DIC for disabled adult children. Title II: Education Benefits - Changes from a fiscal to calendar year basis the calculation of a reporting fee to be charged to the Department of Veterans Affairs (VA) to cover certain reporting costs of educational institutions who have veterans enrolled under the veterans' educational assistance program (VEAP). Requires such fee to be paid from amounts appropriated for veterans' readjustment benefits. (Sec. 202) Allows an individual to elect to be paid in advance under the veterans' work-study program. (Current law requires such advance payment.) (Sec. 205) Waives certain wage increase and minimum pay rate requirements with respect to Federal job training programs. (Sec. 206) Requires the Secretary to furnish to members of the armed forces participating in VEAP information relating to the benefits, limitations, procedures, eligibility requirements and other aspects of such program, including application requirements. Requires amounts appropriated for veterans' readjustment benefits to be used to cover the costs of providing such information. (Sec. 207) Requires the Secretary of the military department concerned to inform military personnel who have not completed their initial obligated period of active or reserve duty but who wish to be discharged or released for the convenience of the Government of the minimum active-duty requirements for entitlement to VEAP benefits. Requires a description of such notification efforts to be included in a currently required report from the Secretary of Defense to the Congress. Title III: Court of Veterans Appeals - Subtitle A: Administrative Provisions Relating to the Court - Authorizes a judge of the Court of Veterans Appeals (Court) who is nominated for reappointment and whose current term of office expires to continue in office for up to one year while such nomination is pending. Subtitle B: Retirement-Related Provisions - Authorizes the recall of retired Court judges who, upon retirement, notify the chief judge in writing of their availability and willingness to be recalled. Prohibits such a judge from being recalled for more than 90 days in a calendar year without his or her consent, or for more than 180 days in a year in any case. (Sec. 312) Disregards as a creditable year of service as a judge any fractional part of a year less than 183 days, while crediting any fractional part of 183 days or more. (Sec. 313) Defines the retired pay eligibility of judges who: (1) are not recalled due to disability; (2) do not provide notice of availability for recall; or (3) are removed from recall-eligible status. Authorizes cost-of-living adjustments to Court judges' retired pay, but disallows any adjustment which would result in that judge's retired pay exceeding the current pay authorized for active judges. (Sec. 314) Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 315) Mandates forfeiture of all retired pay benefits, from the inception of representation until one year after such representation ends, for retired Court judges who represent a client in any claim for veterans' benefits. (Sec. 316) Allows one eligible Court judge to retire each year beginning in 1999 and ending in 2003. Makes eligible for such retirement any associate judge who: (1) has at least ten years of creditable judicial service; (2) has made an election to receive retired pay; (3) has at least 20 years of creditable combined service as a judge, member of Congress, member of the armed forces, or certain Federal service; and (4) is at least 55 years of age. Requires notice to the President and the chief judge of the intention to retire. Provides the retired pay rate, as well as an adjustment to such rate for judges making themselves available for recall. (Sec. 317) Requires judges' survivor annuities to be increased at the same time and by the same percentage that annuities payable from the Judicial Survivors' Annuity Fund are increased. (Sec. 318) Requires the Court chief judge to report to the veterans' committees on the feasibility and desirability of: (1) merging the Court's retirement plan with retirement plans of other Federal judges; and (2) allowing Court judges to participate in the survivor annuity programs available to other Federal judges. Subtitle C: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims. Title IV: Other Matters - Makes Federal procurement law as outlined under the Federal Property and Administrative Services Act of 1949 applicable to VA services or supplies contracts. (Sec. 402) Extends permanently (currently expires on October 27, 1999) the eligibility of members of the Selected Reserve for veterans' housing loans. (Sec. 403) Requires the Secretary to furnish burial flags at the funerals of former members of the Selected Reserve who: (1) completed at least one year of enlistment or, if an officer, completed their period of initial obligated service; (2) were discharged from duty due to a disability incurred or aggravated in the line of duty; or (3) died while a member of such Reserve. (Sec. 404) Revises cost limitations with respect to grants made by the Secretary to States for establishing, expanding, or improving veterans' cemeteries (State cemetery grant program). Requires the State to contribute the amount by which specified costs exceed grant amounts. Removes the requirement that amounts authorized for the grant program shall remain available only until the end of the second fiscal year after their appropriation. Increases and extends through FY 2004 the authorization of appropriations for the grant program. (Sec. 405) Revises provisions concerning the disabled veterans' outreach program to: (1) require amounts authorized for the program to be sufficient to provide one program specialist for each 7,400 veterans residing in a State who are between the ages of 20 and 64; and (2) remove the requirement that preference in the appointment of such specialists be given to Vietnam era disabled veterans. (Sec. 406) Makes permanent the VA's authority to use certain amounts made available due to a pension limitation for certain veterans receiving nursing home care to cover operating expenses at VA medical facilities. (Sec. 407) Revises provisions concerning the Board of Veterans' Appeals to: (1) require Board members to be known as veterans administrative law judges; (2) require each member to be an attorney in good standing with a State bar; (3) direct the Secretary to appoint to a Board attorney position a member who is removed from the Board, but who served as an attorney in the civil service before the Board appointment. (Sec. 408) Eliminates a provision requiring premiums paid on specified policies issued to disabled veterans under the National Service Life Insurance Act of 1940 to be credited directly to, and benefits to be made from, the National Service Life Insurance appropriation.

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