[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4110 Engrossed in House (EH)]


  2d Session

                               H. R. 4110

_______________________________________________________________________

                                 AN ACT

To provide a cost-of-living adjustment in rates of compensation paid to 
     veterans with service-connected disabilities, to make various 
   improvements in education, housing, and cemetery programs of the 
        Department of Veterans Affairs, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 4110

_______________________________________________________________________

                                 AN ACT


 
To provide a cost-of-living adjustment in rates of compensation paid to 
     veterans with service-connected disabilities, to make various 
   improvements in education, housing, and cemetery programs of the 
        Department of Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Improvement Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

Sec. 101. Increase in rates of disability compensation and dependency 
                            and indemnity compensation.
                      TITLE II--EDUCATION BENEFITS

Sec. 201. Calculation of reporting fee based on total veteran 
                            enrollment during a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements 
                            for government job training program 
                            approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits 
                            for members of the Armed Forces discharged 
                            early from duty for the convenience of the 
                            Government.
                  TITLE III--COURT OF VETERANS APPEALS

      Subtitle A--Administrative Provisions Relating to the Court

Sec. 301. Continuation in office of judges pending confirmation for 
                            second term.
Sec. 302. Authority to prescribe rules and regulations.
               Subtitle B--Retirement-Related Provisions

Sec. 311. Recall of retired judges.
Sec. 312. Calculation of years of service as a judge.
Sec. 313. Judges' retired pay.
Sec. 314. Exemption of retirement fund from sequestration orders.
Sec. 315. Limitation on activities of retired judges.
Sec. 316. Early retirement authority for current judges in order to 
                            provide for staggered terms of judges.
Sec. 317. Adjustments for survivor annuities.
Sec. 318. Reports on retirement program modifications.
                     Subtitle C--Renaming of Court

Sec. 321. Renaming of the Court of Veterans Appeals.
Sec. 322. Conforming amendments.
Sec. 323. Effective Date.
                        TITLE IV--OTHER MATTERS

Sec. 401. Applicability of procurement law to certain contracts of 
                            Department of Veterans Affairs.
Sec. 402. Permanent eligibility of members of Selected Reserve for 
                            veterans housing loans.
Sec. 403. Furnishing of burial flags for deceased members and former 
                            members of the Selected Reserve.
Sec. 404. State cemetery grants program.
Sec. 405. Disabled Veterans Outreach Program specialists.
Sec. 406. Permanent authority to use for operating expenses of 
                            Department of Veterans Affairs medical 
                            facilities amounts available by reason of 
                            the limitation on pension for veterans 
                            receiving nursing home care.
Sec. 407. Members of the Board of Veterans' Appeals.
Sec. 408. National Service Life Insurance program.
Sec. 409. Technical amendments.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY 
              AND INDEMNITY COMPENSATION.

    (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, 
effective on December 1, 1998, increase the dollar amounts in effect 
for the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under sections 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount in effect under 
        section 1162 of such title.
            (4) New dic rates.--The dollar amounts in effect under 
        paragraphs (1) and (2) of section 1311(a) of such title.
            (5) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of such title.
            (6) Additional dic for disability.--The dollar amounts in 
        effect under sections 1311(c) and 1311(d) of such title.
            (7) DIC for dependent children.--The dollar amounts in 
        effect under sections 1313(a) and 1314 of such title.
    (c) Determination of Increase.--(1) The increase under subsection 
(a) shall be made in the dollar amounts specified in subsection (b) as 
in effect on November 30, 1998.
    (2) Except as provided in paragraph (3), each such amount shall be 
increased by the same percentage as the percentage by which benefit 
amounts payable under title II of the Social Security Act (42 U.S.C. 
401 et seq.) are increased effective December 1, 1998, as a result of a 
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
    (3) Each dollar amount increased pursuant to paragraph (2) shall, 
if not a whole dollar amount, be rounded down to the next lower whole 
dollar amount.
    (d) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates of 
disability compensation payable to persons within the purview of 
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.
    (e) Publication of Adjusted Rates.--At the same time as the matters 
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
415(i)(2)(D)) are required to be published by reason of a determination 
made under section 215(i) of such Act during fiscal year 1998, the 
Secretary of Veterans Affairs shall publish in the Federal Register the 
amounts specified in subsection (b), as increased pursuant to 
subsection (a).

                      TITLE II--EDUCATION BENEFITS

SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL VETERAN 
              ENROLLMENT DURING A CALENDAR YEAR.

    (a) In General.--The second sentence of section 3684(c) is amended 
by striking ``, on October 31'' and all that follows through the period 
and inserting ``during the calender year.''.
    (b) Funding.--Section 3684(c), as amended by subsection (a), is 
further amended by adding at the end the following new sentence: ``The 
reporting fee payable under this subsection shall be paid from amounts 
appropriated for readjustment benefits.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to calendar years beginning after December 31, 1998.

SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-STUDY ALLOWANCE.

    (a) In General.--The third sentence of section 3485(a)(1) is 
amended by striking ``An individual shall be paid in advance'' and 
inserting ``An individual may elect, in a manner prescribed by the 
Secretary, to be paid in advance''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to agreements entered into under section 3485 of 
title 38, United States Code, on or after January 1, 1999.

SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR EQUIVALENCY REQUIREMENT.

    (a) In General.--The following sections of chapter 30 are each 
amended by striking ``successfully completed'' each place it appears 
and inserting ``successfully completed (or otherwise received academic 
credit for)'': sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 
3018A(a)(2), 3018B(a)(1)(B), 3018B(a)(2)(B), and 3018C(a)(3).
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1998.

SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS.

    (a) Title 38, United States Code.--Sections 3034(d)(2) and 
3241(b)(2) are each amended--
            (1) by striking ``pilot's license'' each place it appears 
        and inserting ``pilot certificate''; and
            (2) by inserting ``, on the day the individual begins a 
        course of flight training,'' after ``meets''.
    (b) Title 10, United States Code.--Section 16132(c)(1) of title 10, 
United States Code, is amended--
            (1) by striking ``pilot's license'' each place it appears 
        and inserting ``pilot certificate''; and
            (2) by inserting ``, on the day the individual begins a 
        course of flight training,'' after ``meets''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to courses of flight training beginning on or after 
October 1, 1998.

SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAYMENT RATE REQUIREMENTS 
              FOR GOVERNMENT JOB TRAINING PROGRAM APPROVAL.

    (a) In General.--Section 3677(b) is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B) respectively;
            (3) in subparagraph (A), as so redesignated, by striking 
        ``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'' 
        respectively; and
            (4) by adding at the end the following new paragraph:
    ``(2) The requirement under paragraph (1)(A)(ii) shall not apply 
with respect to a training establishment operated by the United States 
or by a State or local government.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to approval of programs of training on the job under 
section 3677 of title 38, United States Code, on or after October 1, 
1998.

SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES.

    (a) Expansion of Education Outreach Services to Members of the 
Armed Forces.--Section 3034 is amended by adding at the end the 
following new subsection:
    ``(e)(1) In the case of a member of the Armed Forces who 
participates in basic educational assistance under this chapter, the 
Secretary shall furnish the information described in paragraph (2) to 
each such member, as soon as practicable after the basic pay of the 
member has been reduced by $1,200 in accordance with sections 3011(b) 
and 3102(c) of this title. The Secretary shall furnish such information 
to each such member at such additional times as the Secretary 
determines appropriate.
    ``(2) The information referred to in paragraph (1) is information 
with respect to the benefits, limitations, procedures, eligibility 
requirements (including time-in-service requirements), and other 
important aspects of the basic educational assistance program under 
this chapter, including application forms for such basic educational 
assistance under section 5102 of this title.
    ``(3) The Secretary shall furnish the forms described in paragraph 
(2) and other educational materials to educational institutions, 
training establishments, and military education personnel, as the 
Secretary determines appropriate.
    ``(4) The Secretary shall use amounts appropriated for readjustment 
benefits to carry out this subsection and section 5102 of this title 
with respect to application forms under that section for basic 
educational assistance under this chapter.''.
    (b) Conforming Amendment.--Section 7722(c) is amended by striking 
``The Secretary'' and inserting ``Except as provided in section 3034(e) 
of this title, the Secretary''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR EDUCATION BENEFITS 
              FOR MEMBERS OF THE ARMED FORCES DISCHARGED EARLY FROM 
              DUTY FOR THE CONVENIENCE OF THE GOVERNMENT.

    (a) Active Duty Program.--Section 3011 is amended by adding at the 
end the following new subsection:
    ``(i) The Secretary concerned shall inform any member of the Armed 
Forces, who has not completed that member's initial obligated period of 
active duty (as described in subsection (a)(1)(A)) and who indicates 
the intent to be discharged or released from such duty for the 
convenience of the Government, of the minimum active duty requirements 
for entitlement to educational assistance benefits under this chapter. 
Such information shall be provided to the member in a timely manner.''.
    (b) Reserve Program.--Section 3012 is amended by adding at the end 
the following new subsection:
    ``(g)(1) The Secretary concerned shall inform any member of the 
Armed Forces, who has not completed that member's initial service (as 
described in paragraph (2)) and who indicates the intent to be 
discharged or released from such service for the convenience of the 
Government, of the minimum service requirements for entitlement to 
educational assistance benefits under this chapter. Such information 
shall be provided to the member in a timely manner.
    ``(2) The initial service referred to in paragraph (1) is the 
initial obligated period of active duty (described in subparagraphs 
(A)(i) or (B)(i) of subsection (a)(1)) or the period of service in the 
Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii) of 
subsection (a)(1)).''.
    (c) Report to Congress.--Section 3036(b)(1) is amended--
            (1) by striking ``and (B)'' and inserting ``(B)''; and
            (2) by inserting before the semicolon the following: ``, 
        and (C) describing the efforts under sections 3011(i) and 
        3012(g) of this title to inform members of the Armed Forces of 
        the minimum service requirements for entitlement to educational 
        assistance benefits under this chapter and the results from 
        such efforts''.
    (d) Effective Dates.--(1) The amendments made by subsections (a) 
and (b) shall take effect 120 days after the date of the enactment of 
this Act.
    (2) The amendments made by subsection (c) shall apply with respect 
to reports to Congress submitted by the Secretary of Defense under 
section 3036 of title 38, United States Code, on or after January 1, 
2000.

                  TITLE III--COURT OF VETERANS APPEALS

      Subtitle A--Administrative Provisions Relating to the Court

SEC. 301. CONTINUATION IN OFFICE OF JUDGES PENDING CONFIRMATION FOR 
              SECOND TERM.

    Section 7253(c) is amended by adding at the end the following new 
sentence: ``A judge who is nominated by the President for appointment 
to an additional term on the Court without a break in service and whose 
term of office expires while that nomination is pending before the 
Senate may continue in office for up to one year while that nomination 
is pending.''.

SEC. 302. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.

    Section 7254 is amended by adding at the end the following new 
subsection:
    ``(f) The Court may prescribe rules and regulations to carry out 
this chapter.''.

               Subtitle B--Retirement-Related Provisions

SEC. 311. RECALL OF RETIRED JUDGES.

    (a) Authority To Recall Retired Judges.--Chapter 72 is amended by 
inserting after section 7256 the following new section:
``Sec. 7257. Recall of retired judges
    ``(a)(1) A retired judge of the Court may be recalled for further 
service on the Court in accordance with this section. To be eligible to 
be recalled for such service, a retired judge must at the time of the 
judge's retirement provide to the chief judge of the Court (or, in the 
case of the chief judge, to the clerk of the Court) notice in writing 
that the retired judge is available for further service on the Court in 
accordance with this section and is willing to be recalled under this 
section. Such a notice provided by a retired judge is irrevocable.
    ``(2) For the purposes of this section--
            ``(A) a retired judge is a judge of the Court of Veterans 
        Appeals who retires from the Court under section 7296 of this 
        title or under chapter 83 or 84 of title 5, United States Code; 
        and
            ``(B) a recall-eligible retired judge is a retired judge 
        who has provided a notice under paragraph (1).
    ``(b)(1) The chief judge may recall for further service on the 
court a recall-eligible retired judge in accordance with this section. 
Such a recall shall be made upon written certification by the chief 
judge that substantial service is expected to be performed by the 
retired judge for such period, not to exceed 90 days (or the 
equivalent), as determined by the chief judge to be necessary to meet 
the needs of the Court.
    ``(2) A recall-eligible retired judge may not be recalled for more 
than 90 days (or the equivalent) during any calendar year without the 
judge's consent or for more than a total of 180 days (or the 
equivalent) during any calendar year.
    ``(3) If a recall-eligible retired judge is recalled by the chief 
judge in accordance with this section and (other than in the case of a 
judge who has previously during that calendar year served at least 90 
days (or the equivalent) of recalled service on the court) declines 
(other than by reason of disability) to perform the service to which 
recalled, the chief judge shall remove that retired judge from the 
status of a recall-eligible judge.
    ``(4) A recall-eligible retired judge who becomes permanently 
disabled and as a result of that disability is unable to perform 
further service on the court shall be removed from the status of a 
recall-eligible judge. Determination of such a disability shall be made 
in the same manner as is applicable to judges of the United States 
under section 371 of title 28, United States Code.
    ``(c) A retired judge who is recalled under this section may 
exercise all of the powers and duties of the office of a judge in 
active service.
    ``(d)(1) The pay of a recall-eligible retired judge who retired 
under section 7296 of this title is specified in subsection (c) of that 
section.
    ``(2) A judge who is recalled under this section who retired under 
chapter 83 or 84 of title 5, United States Code, shall be paid, during 
the period for which the judge serves in recall status, pay at the rate 
of pay in effect under section 7253(e) of this title for a judge 
performing active service, less the amount of the judge's annuity under 
the applicable provisions of chapter 83 or 84 of title 5, United States 
Code.
    ``(e)(1) Except as provided in subsection (d), a judge who is 
recalled under this section who retired under chapter 83 or 84 of title 
5, United States Code, shall be considered to be a reemployed annuitant 
under that chapter.
    ``(2) Nothing in this section affects the right of a judge who 
retired under chapter 83 or 84 of title 5, United States Code, to serve 
as a reemployed annuitant in accordance with the provisions of title 5, 
United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 is amended by inserting after the item relating to section 
7256 the following new item:

``7257. Recall of retired judges.''.

SEC. 312. CALCULATION OF YEARS OF SERVICE AS A JUDGE.

    Section 7296(b) is amended by adding at the end the following new 
paragraph:
    ``(4) For purposes of calculating the years of service of an 
individual under this subsection and subsection (c), only those years 
of service as a judge of the Court shall be credited. In determining 
the number of years of such service, that portion of the aggregate 
number of years of such service that is a fractional part of one year 
shall be disregarded if less than 183 days and shall be credited as a 
full year if 183 days or more.''.

SEC. 313. JUDGES' RETIRED PAY.

    (a) In General.--Subsection (c)(1) of section 7296 is amended by 
striking ``at the rate of pay in effect at the time of retirement.'' 
and inserting the following:
``as follows:
            ``(A) In the case of a judge who is a recall-eligible 
        retired judge under section 7257 of this title or who was a 
        recall-eligible retired judge under that section and was 
        removed from recall status under subsection (b)(4) of that 
        section by reason of disability, the retired pay of the judge 
        shall be the pay of a judge of the court (or of the chief 
        judge, if the individual retired from service as chief judge).
            ``(B) In the case of a judge who at the time of retirement 
        did not provide notice under section 7257 of this title of 
        availability for service in a recalled status, the retired pay 
        of the judge shall be the rate of pay applicable to that judge 
        at the time of retirement.
            ``(C) In the case of a judge who was a recall-eligible 
        retired judge under section 7257 of this title and was removed 
        from recall status under subsection (b)(3) of that section, the 
        retired pay of the judge shall be the pay of the judge at the 
        time of the removal from recall status.''.
    (b) Cost-of-Living Adjustments.--Subsection (f) of such section is 
amended by adding at the end the following new paragraph:
    ``(3)(A) A cost-of-living adjustment provided by law in annuities 
payable under civil service retirement laws shall apply to retired pay 
under this section only in the case of retired pay computed under 
paragraph (2) of subsection (c).
    ``(B)(i) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired chief judge being 
in excess of the annual rate of pay in effect for the chief judge of 
the court as provided in section 7253(e)(1) of this title, such 
adjustment may be made in the retired pay of that retired chief judge 
only in such amount as results in the retired pay of the retired chief 
judge being equal to that annual rate of pay (as in effect on the 
effective date of such adjustment).
    ``(ii) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired judge (other than 
a retired chief judge) being in excess of the annual rate of pay in 
effect for judges of the court as provided in section 7253(e)(2) of 
this title, such adjustment may be made only in such amount as results 
in the retired pay of the retired judge being equal to that annual rate 
of pay (as in effect on the effective date of such adjustment).''.
    (c) Coordination With Military Retired Pay.--Subsection (f) of such 
section, as amended by subsection (b), is further amended by adding at 
the end the following new paragraph:
    ``(4) Notwithstanding subsection (c) of section 5532 of title 5, 
United States Code, if a regular or reserve member of a uniformed 
service who is receiving retired or retainer pay becomes a judge of the 
court, or becomes eligible therefor while a judge of the court, such 
retired or retainer pay shall not be paid during the judge's regular 
active service on the court, but shall be resumed or commenced without 
reduction upon retirement as a judge.''.

SEC. 314. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS.

    Section 7298 is amended by adding at the end the following new 
subsection:
    ``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the 
retirement fund shall be treated in the same manner as the Claims 
Judges' Retirement Fund.''.

SEC. 315. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.

    (a) In General.--Chapter 72 is amended by adding at the end the 
following new section:
``Sec. 7299. Limitation on activities of retired judges
    ``If a retired judge of the Court in the practice of law represents 
(or supervises or directs the representation of) a client in making any 
claim relating to veterans' benefits against the United States or any 
agency thereof, the retired judge shall forfeit all rights to retired 
pay under section 7296 of this title or under chapter 83 or 84 of title 
5, United States Code, for the period beginning on the date on which 
the representation begins and ending one year after the date on which 
the representation ends.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 is amended by adding at the end the following new item:

``7299. Limitation on activities of retired judges.''.

SEC. 316. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN ORDER TO 
              PROVIDE FOR STAGGERED TERMS OF JUDGES.

    (a) Retirement Authorized.--One eligible judge may retire in 
accordance with this section each year beginning in 1999 and ending in 
2003.
    (b) Eligible Judges.--For purposes of this section, an eligible 
judge is an associate judge of the United States Court of Appeals for 
Veterans Claims who--
            (1) has at least 10 years of service creditable under 
        section 7296 of title 38, United States Code;
            (2) has made an election to receive retired pay under 
        section 7296 of such title;
            (3) has at least 20 years of service described in section 
        7297(l) of such title; and
            (4) is at least 55 years of age.
    (c) Multiple Eligible Judges.--If for any year specified in 
subsection (a) more than one eligible judge provides notice in 
accordance with subsection (d), the judge who has the greatest 
seniority as a judge of the United States Court of Appeals for Veterans 
Claims shall be the judge who is eligible to retire in accordance with 
this section in that year.
    (d) Notice.--An eligible judge who desires to retire in accordance 
with this section in any year specified in subsection (a) shall provide 
to the President and the chief judge of the United States Court of 
Appeals for Veterans Claims written notice to that effect not later 
than April 1 of that year. Such a notice shall specify the retirement 
date in accordance with subsection (f). Notice provided under this 
subsection shall be irrevocable.
    (e) Retirement.--A judge who is eligible to retire in accordance 
with this section shall be retired during the fiscal year in which 
notice is provided pursuant to subsection (d), but not earlier than 90 
days after the date on which such notice is provided. Except as 
provided in subsection (f), such judge shall be considered for all 
purposes to be retired under section 7296(b)(1) of title 38, United 
States Code.
    (f) Rate of Retired Pay.--The rate of retired pay for a judge 
retiring under this section is--
            (1) the rate applicable to that judge under section 
        7296(c)(1) of title 38, United States Code, multiplied by
            (2) the fraction (not in excess of 1) in which--
                    (A) the numerator is the sum of: (i) the number of 
                years of service of the judge as a judge of the United 
                States Court of Appeals for Veterans Claims creditable 
                under section 7296 of such title; and (ii) the age of 
                the judge; and
                    (B) the denominator is 80.
    (g) Adjustments in Retired Pay for Judges Available for Recall.--
Subject to section 7296(f)(3)(B) of title 38, United States Code, an 
adjustment provided by law in annuities payable under civil service 
retirement laws shall apply to retired pay under this section in the 
case of a judge who is a recall-eligible retired judge under section 
7257 of title 38, United States Code, or who was a recall-eligible 
retired judge under that section and was removed from recall status 
under subsection (b)(4) of that section by reason of disability.
    (h) Duty of Actuary.--Section 7298(e)(2) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
    ``(C) For purposes of subparagraph (B), the term `present value' 
includes a value determined by an actuary with respect to a payment 
that may be made under subsection (b) from the retirement fund within 
the contemplation of law.''.

SEC. 317. ADJUSTMENTS FOR SURVIVOR ANNUITIES.

    Subsection (o) of section 7297 is amended to read as follows:
    ``(o) Each survivor annuity payable from the retirement fund shall 
be increased at the same time as, and by the same percentage by which, 
annuities payable from the Judicial Survivors' Annuities Fund are 
increased pursuant to section 376(m) of title 28, United States 
Code.''.

SEC. 318. REPORTS ON RETIREMENT PROGRAM MODIFICATIONS.

    (a) Report on Judges' Retirement System.--Not later than one year 
after the date of the enactment of this Act, the chief judge of the 
United States Court of Appeals for Veterans Claims shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the feasibility and desirability of merging 
the retirement plan of the judges of that court with retirement plans 
of other Federal judges.
    (b) Report on Survivor Annuities Plan.--Not later than 6 months 
after the date of the enactment of this Act, the chief judge of the 
United States Court of Appeals for Veterans Claims shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the feasibility and desirability of 
allowing judges of that court to participate in the survivor annuity 
programs available to other Federal judges.

                     Subtitle C--Renaming of Court

SEC. 321. RENAMING OF THE COURT OF VETERANS APPEALS.

    (a) In General.--The United States Court of Veterans Appeals is 
hereby renamed as, and shall hereafter be known and designated as, the 
United States Court of Appeals for Veterans Claims.
    (b) Section 7251.--Section 7251 is amended by striking ``United 
States Court of Veterans Appeals'' and inserting ``United States Court 
of Appeals for Veterans Claims''.

SEC. 322. CONFORMING AMENDMENTS.

    (a) Conforming Amendments to Title 38, United States Code.--
            (1) The following sections are amended by striking ``Court 
        of Veterans Appeals'' each place it appears and inserting 
        ``Court of Appeals for Veterans Claims'': sections 5904, 
        7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 
        7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 
        7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298.
            (2)(A) The heading of section 7286 is amended to read as 
        follows:
``Sec. 7286. Judicial Conference of the Court''.
            (B) The heading of section 7291 is amended to read as 
        follows:
``Sec. 7291. Date when Court decision becomes final''.
            (C) The heading of section 7298 is amended to read as 
        follows:
``Sec. 7298. Retirement Fund''.
            (3) The table of sections at the beginning of chapter 72 is 
        amended as follows:
                    (A) The item relating to section 7286 is amended to 
                read as follows:

``7286. Judicial Conference of the Court.''.
                    (B) The item relating to section 7291 is amended to 
                read as follows:

``7291. Date when Court decision becomes final.''.
                    (C) The item relating to section 7298 is amended to 
                read as follows:

``7298. Retirement Fund.''.
            (4)(A) The heading of chapter 72 is amended to read as 
        follows:

  ``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.

            (B) The item relating to chapter 72 in the table of 
        chapters at the beginning of title 38, United States Code, and 
        the item relating to such chapter in the table of chapters at 
        the beginning of part V are amended to read as follows:

``72. United States Court of Appeals for Veterans Claims....... 7251''.
    (b) Conforming Amendments to Other Laws.--
            (1) The following provisions of law are amended by striking 
        ``Court of Veterans Appeals'' each place it appears and 
        inserting ``Court of Appeals for Veterans Claims'':
                    (A) Section 8440d of title 5, United States Code.
                    (B) Section 2412 of title 28, United States Code.
                    (C) Section 906 of title 44, United States Code.
                    (D) Section 109 of the Ethics in Government Act of 
                1978 (5 U.S.C. App.).
            (2)(A) The heading of section 8440d of title 5, United 
        States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans 
              Claims''.
            (B) The item relating to such section in the table of 
        sections at the beginning of chapter 84 of such title is 
        amended to read as follows:

``8440d. Judges of the United States Court of Appeals for Veterans 
                            Claims.''.
    (c) Other Legal References.--Any reference in a law, regulation, 
document, paper, or other record of the United States to the United 
States Court of Veterans Appeals shall be deemed to be a reference to 
the United States Court of Appeals for Veterans Claims.

SEC. 323. EFFECTIVE DATE.

    This subtitle, and the amendments made by this subtitle, shall take 
effect on the first day of the first month beginning more than 90 days 
after the date of the enactment of this Act.

                        TITLE IV--OTHER MATTERS

SEC. 401. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN CONTRACTS OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3720(b) is amended by striking ``; 
however'' and all that follows and inserting the following: ``, except 
that title III of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 251 et seq.) shall apply to any contract for 
services or supplies on account of any property acquired pursuant to 
this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into under section 3720 of 
title 38, United States Code, on or after the date of the enactment of 
this Act.

SEC. 402. PERMANENT ELIGIBILITY OF MEMBERS OF SELECTED RESERVE FOR 
              VETERANS HOUSING LOANS.

    Section 3702(a)(2)(E) is amended by striking ``For the period 
beginning on October 28, 1992, and ending on October 27, 1999, each 
veteran'' and inserting ``Each veteran''.

SEC. 403. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS AND FORMER 
              MEMBERS OF THE SELECTED RESERVE.

    Section 2301 is amended by adding at the end the following new 
subsection:
    ``(f)(1) The Secretary shall furnish a flag to drape the casket of 
each deceased member or former member of the Selected Reserve (as 
described in section 10143 of title 10, United States Code) who is not 
otherwise eligible for a flag under this section or section 1482(a) of 
title 10, United States Code--
            ``(A) who completed at least one enlistment as a member of 
        the Selected Reserve or, in the case of an officer, completed 
        the period of initial obligated service as a member of the 
        Selected Reserve;
            ``(B) who was discharged before completion of the person's 
        initial enlistment as a member of the Selected Reserve or, in 
        the case of an officer, period of initial obligated service as 
        a member of the Selected Reserve, for a disability incurred or 
        aggravated in line of duty; or
            ``(C) who died while a member of the Selected Reserve.
    ``(2) A flag may not be furnished under subparagraph (A) or (B) of 
paragraph (1) in the case of a person whose last discharge from service 
in the Armed Forces was under conditions less favorable than honorable.
    ``(3) After the burial, a flag furnished under paragraph (1) shall 
be given to the next of kin or to such other person as the Secretary 
considers appropriate.''.

SEC. 404. STATE CEMETERY GRANTS PROGRAM.

    (a) Amount of Grant Relative to Project Cost.--(1) Paragraphs (1) 
and (2) of section 2408(b) are amended to read as follows:
            ``(1) The amount of a grant under this section may not 
        exceed--
                    ``(A) in the case of the establishment of a new 
                cemetery, the sum of: (i) the cost of improvements to 
                be made on the land to be converted into a cemetery; 
                and (ii) the cost of initial equipment necessary to 
                operate the cemetery; and
                    ``(B) in the case of the expansion or improvement 
                of an existing cemetery, the sum of: (i) the cost of 
                improvements to be made on any land to be added to the 
                cemetery; and (ii) the cost of any improvements to be 
                made to the existing cemetery.
            ``(2) If the amount of a grant under this section is less 
        than the amount of costs referred to in subparagraph (A) or (B) 
        of paragraph (1), the State receiving the grant shall 
        contribute the excess of such costs over the grant. Costs of 
        land acquired or dedicated by the State for such cemetery shall 
        not be taken into account for purposes of the preceding 
        sentence.''.
    (2) The amendment made by paragraph (1) shall apply with respect to 
grants under section 2408 of title 38, United States Code, made after 
the end of the 60-day period beginning on the date of the enactment of 
this Act.
    (b) Authorization of Appropriations Without Fiscal Year 
Limitation.--The first sentence of section 2408(e) is amended by 
striking ``shall remain available until the end of the second fiscal 
year following the fiscal year for which they are appropriated'' and 
inserting ``shall remain available until expended''.
    (c) Extension of Authorization of Appropriations for Grant 
Program.--Paragraph (2) of section 2408(a) is amended to read as 
follows:
    ``(2) There is authorized to be appropriated $10,000,000 for fiscal 
year 1999 and for each succeeding fiscal year through fiscal year 2004 
for the purpose of making grants under paragraph (1).''.

SEC. 405. DISABLED VETERANS OUTREACH PROGRAM SPECIALISTS.

    (a) In General.--section 4103A(a)(1) is amended--
            (1) in the first sentence by striking ``for each 6,900 
        veterans residing in such State'' through the period and 
        inserting ``for each 7,400 veterans who are between the ages of 
        20 and 64 residing in such State.'';
            (2) in the third sentence, by striking ``of the Vietnam 
        era''; and
            (3) by striking the fourth sentence.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to appointments of disabled veterans' outreach 
program specialists under section 4103A of title 38, United States 
Code, on or after the date of the enactment of this Act.

SEC. 406. PERMANENT AUTHORITY TO USE FOR OPERATING EXPENSES OF 
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES AMOUNTS 
              AVAILABLE BY REASON OF THE LIMITATION ON PENSION FOR 
              VETERANS RECEIVING NURSING HOME CARE.

    (a) In General.--Section 5503(a)(1)(B) is amended by striking 
``Effective through September 30, 1997, any'' in the second sentence 
and inserting ``Any''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as of October 1, 1997.

SEC. 407. MEMBERS OF THE BOARD OF VETERANS' APPEALS.

    (a) Title of Board Members.--Section 7101(a) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by designating the fourth and fifth sentences as 
        paragraph (2); and
            (3) by adding after the third sentence the following: 
        ``Members of the Board (other than the Chairman) shall also be 
        known as `veterans administrative law judges'.''.
    (b) Requirement for Board Members To Be Attorneys.--Section 
7101A(a) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Each member of the Board shall be a member in good standing 
of the bar of a State.''.
    (c) Employment Reversion Rights.--Paragraph (2) of section 7101A(d) 
is amended to read as follows:
    ``(2)(A) Upon removal from the Board under paragraph (1) of a 
member of the Board who before appointment to the Board served as an 
attorney in the civil service, the Secretary shall appoint that member 
to an attorney position at the Board, if the removed member so 
requests. If the removed member served in an attorney position at the 
Board immediately before appointment to the Board, appointment to an 
attorney position under this paragraph shall be in the grade and step 
held by the removed member immediately before such appointment to the 
Board.
    ``(B) The Secretary is not required to make an appointment to an 
attorney position under this paragraph if the Secretary determines that 
the member of the Board removed under paragraph (1) is not qualified 
for the position.''.

SEC. 408. NATIONAL SERVICE LIFE INSURANCE PROGRAM.

    (a) Eligibility of Certain Veterans for Dividends Under VSLI 
Program.--Section 1919(b) is amended--
            (1) by striking ``sections 602(c)(2) and'' and inserting 
        ``section''; and
            (2) by striking ``sections'' after ``under such'' and 
        inserting ``section''.
    (b) Effective Date.--The amendments made by this section shall take 
effect at the end of the 90-day period beginning on the date of the 
enactment of this Act.

SEC. 409. TECHNICAL AMENDMENTS.

    (a) Redesignation.--Section 1103, as added by section 8031(a) of 
the Veterans Reconciliation Act of 1997 (title VIII of Public Law 105-
33), is redesignated as section 1104, and the item relating to that 
section in the table of sections at the beginning of chapter 11 is 
revised to reflect that redesignation.
    (b) Other Corrections.--
            (1) Section 1803(c)(2) is amended by striking ``who 
        furnishes health care that the Secretary determines 
        authorized'' and inserting ``furnishing health care services 
        that the Secretary determines are authorized''.
            (2) Section 3680A(d)(2)(C) is amended by striking 
        ``section''.
            (3) Section 8107(b)(3)(E) is amended by striking ``section 
        7305'' and inserting ``section 7306(f)(1)(A)''.

            Passed the House of Representatives August 3, 1998.

            Attest:

                                                                 Clerk.