IIA
105TH CONGRESS
2D SESSION
H. R. 4110
IN THE SENATE OF THE UNITED STATES
AUGUST 31, 1998
Received; read twice and referred to the Committee on Veterans’ Affairs
AN ACT
To provide a cost-of-living adjustment in rates of compensa-
tion 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.
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Be it enacted by the Senate and House of Representa-
tives 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 in-
demnity 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.
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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 provi-
sion, 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 COMPENSA-
TION 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 com-
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pensation 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 DEPEND-
ENTS.—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.
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(c) DETERMINATION
OF INCREASE.—(1) The in-
crease under subsection (a) shall be made in the dollar
amounts specified in subsection (b) as in effect on Novem-
ber 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 de-
termination under section 215(i) of such Act (42 U.S.C.
415(i)).
(3) Each dollar amount increased pursuant to para-
graph (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 ad-
ministratively, consistent with the increases made under
subsection (a), the rates of disability compensation pay-
able 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
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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 sub-
section (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 be-
ginning 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,
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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 en-
tered 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 com-
pleted (or otherwise received academic credit for)’’: sec-
tions 
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 RE-
QUIREMENTS.
(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 ap-
pears and inserting ‘‘pilot certificate’’; and
(2) by inserting ‘‘, on the day the individual be-
gins a course of flight training,’’ after ‘‘meets’’.
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(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 ap-
pears and inserting ‘‘pilot certificate’’; and
(2) by inserting ‘‘, on the day the individual be-
gins 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 PAY-
MENT RATE REQUIREMENTS FOR GOVERN-
MENT 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 gov-
ernment.’’.
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(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to approval of pro-
grams 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 SERV-
ICES.
(a) EXPANSION OF EDUCATION OUTREACH SERV-
ICES 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 de-
scribed 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, pro-
cedures, eligibility requirements (including time-in-service
requirements), and other important aspects of the basic
educational assistance program under this chapter, includ-
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ing 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 edu-
cational institutions, training establishments, and military
education personnel, as the Secretary determines appro-
priate.
‘‘(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 ‘‘Ex-
cept as provided in section 3034(e) of this title, the Sec-
retary’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
the enactment of this Act.
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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 sub-
section:
‘‘(i) The Secretary concerned shall inform any mem-
ber of the Armed Forces, who has not completed that
member’s initial obligated period of active duty (as de-
scribed in subsection (a)(1)(A)) and who indicates the in-
tent to be discharged or released from such duty for the
convenience of the Government, of the minimum active
duty requirements for entitlement to educational assist-
ance 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
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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 sub-
paragraphs (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 follow-
ing: ‘‘, 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 re-
quirements 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.
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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 nomi-
nation is pending.’’.
SEC. 302. AUTHORITY TO PRESCRIBE RULES AND REGULA-
TIONS.
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:
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‘‘§ 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 writ-
ing 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 deter-
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mined by the chief judge to be necessary to meet the needs
of the Court.
‘‘(2) A recall-eligible retired judge may not be re-
called 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 cal-
endar year served at least 90 days (or the equivalent) of
recalled service on the court) declines (other than by rea-
son 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 per-
manently disabled and as a result of that disability is un-
able to perform further service on the court shall be re-
moved from the status of a recall-eligible judge. Deter-
mination 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.
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‘‘(d)(1) The pay of a recall-eligible retired judge who
retired under section 7296 of this title is specified in sub-
section (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 chap-
ter 83 or 84 of title 5, United States Code, shall be consid-
ered 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 accord-
ance 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.’’.
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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-eligi-
ble 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 disabil-
ity, the retired pay of the judge shall be the pay of
a judge of the court (or of the chief judge, if the in-
dividual retired from service as chief judge).
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‘‘(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 retire-
ment.
‘‘(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 re-
moval from recall status.’’.
(b) COST-OF-LIVING ADJUSTMENTS.—Subsection (f)
of such section is amended by adding at the end the follow-
ing 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 sub-
section (c).
‘‘(B)(i) If such a cost-of-living adjustment would (but
for this subparagraph) result in the retired pay of a re-
tired 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
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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 re-
tired judge (other than a retired chief judge) being in ex-
cess 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 sub-
section (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 mem-
ber of a uniformed service who is receiving retired or re-
tainer pay becomes a judge of the court, or becomes eligi-
ble 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 com-
menced without reduction upon retirement as a judge.’’.
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SEC. 314. EXEMPTION OF RETIREMENT FUND FROM SE-
QUESTRATION 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 Bal-
anced 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’ Retire-
ment 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:
‘‘§ 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’ bene-
fits 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.’’.
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SEC. 316. EARLY RETIREMENT AUTHORITY FOR CURRENT
JUDGES IN ORDER TO PROVIDE FOR STAG-
GERED TERMS OF JUDGES.
(a) RETIREMENT AUTHORIZED.—One eligible judge
may retire in accordance with this section each year begin-
ning 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
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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 sub-
section (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 pur-
poses 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 sec-
tion 7296(c)(1) of title 38, United States Code, mul-
tiplied 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.
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(g) ADJUSTMENTS IN RETIRED PAY FOR JUDGES
AVAILABLE
FOR
RECALL.—Subject 
to 
section
7296(f)(3)(B) of title 38, United States Code, an adjust-
ment provided by law in annuities payable under civil serv-
ice 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 sec-
tion 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 sub-
paragraph (D); and
(2) by inserting after subparagraph (B) the fol-
lowing 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 sub-
section (b) from the retirement fund within the contempla-
tion of law.’’.
SEC. 317. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read
as follows:
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‘‘(o) Each survivor annuity payable from the retire-
ment 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 pur-
suant to section 376(m) of title 28, United States Code.’’.
SEC. 318. REPORTS ON RETIREMENT PROGRAM MODIFICA-
TIONS.
(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 Com-
mittees 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 Commit-
tees on Veterans’ Affairs of the Senate and House of Rep-
resentatives 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.
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Subtitle C—Renaming of Court
SEC. 321. RENAMING OF THE COURT OF VETERANS AP-
PEALS.
(a) IN GENERAL.—The United States Court of Vet-
erans 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 Veter-
ans 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:
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‘‘§ 7286. Judicial Conference of the Court’’.
(B) The heading of section 7291 is amended to
read as follows:
‘‘§ 7291. Date when Court decision becomes final’’.
(C) The heading of section 7298 is amended to
read as follows:
‘‘§ 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
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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 Vet-
erans 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 Govern-
ment 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:
‘‘§ 8440d. Judges of the United States Court of Ap-
peals 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
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United States to the United States Court of Veterans Ap-
peals 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 sub-
title, shall take effect on the first day of the first month
beginning more than 90 days after the date of the enact-
ment of this Act.
TITLE IV—OTHER MATTERS
SEC. 401. APPLICABILITY OF PROCUREMENT LAW TO CER-
TAIN CONTRACTS OF DEPARTMENT OF VET-
ERANS 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 sec-
tion.’’.
(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.
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SEC. 402. PERMANENT ELIGIBILITY OF MEMBERS OF SE-
LECTED 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 vet-
eran’’.
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 Se-
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lected Reserve, for a disability incurred or aggra-
vated 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 para-
graph (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 im-
provements to be made on the land to be con-
verted into a cemetery; and (ii) the cost of ini-
tial equipment necessary to operate the ceme-
tery; and
‘‘(B) in the case of the expansion or im-
provement of an existing cemetery, the sum of:
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(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 ex-
isting cemetery.
‘‘(2) If the amount of a grant under this sec-
tion 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’’.
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(c) EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS 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 SPE-
CIALISTS.
(a) IN GENERAL.—section 4103A(a)(1) is amend-
ed—
(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 sec-
tion 4103A of title 38, United States Code, on or after
the date of the enactment of this Act.
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SEC. 406. PERMANENT AUTHORITY TO USE FOR OPERAT-
ING EXPENSES OF DEPARTMENT OF VETER-
ANS 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 amend-
ed 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’ AP-
PEALS.
(a) TITLE OF BOARD MEMBERS.—Section 7101(a) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by designating the fourth and fifth sen-
tences as paragraph (2); and
(3) by adding after the third sentence the fol-
lowing: ‘‘Members of the Board (other than the
Chairman) shall also be known as ‘veterans adminis-
trative law judges’.’’.
(b) REQUIREMENT FOR BOARD MEMBERS TO BE
ATTORNEYS.—Section 7101A(a) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
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(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 para-
graph (1) of a member of the Board who before appoint-
ment to the Board served as an attorney in the civil serv-
ice, the Secretary shall appoint that member to an attor-
ney position at the Board, if the removed member so re-
quests. If the removed member served in an attorney posi-
tion 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 re-
moved member immediately before such appointment to
the Board.
‘‘(B) The Secretary is not required to make an ap-
pointment 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 posi-
tion.’’.
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SEC. 408. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) ELIGIBILITY OF CERTAIN VETERANS FOR DIVI-
DENDS UNDER VSLI PROGRAM.—Section 1919(b) is
amended—
(1) by striking ‘‘sections 602(c)(2) and’’ and in-
serting ‘‘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 pe-
riod 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 sec-
tion 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 deter-
mines authorized’’ and inserting ‘‘furnishing health
care services that the Secretary determines are au-
thorized’’.
(2) Section 3680A(d)(2)(C) is amended by
striking ‘‘section’’.
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(3) Section 8107(b)(3)(E) is amended by strik-
ing 
‘‘section 
7305’’ 
and 
inserting 
‘‘section
7306(f)(1)(A)’’.
Passed the House of Representatives August 3,
1998.
Attest:
ROBIN H. CARLE,
Clerk.