II

106TH CONGRESS

1ST SESSION S. 1076

To amend title 38, United States Code, to provide a cost-of-living adjustment

in rates of compensation paid to veterans with service-connected disabilities, to enhance programs providing health care, education, and other

benefits for veterans, to authorize major medical facility projects, to

reform eligibility for burial in Arlington National Cemetery, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 19, 1999

Mr. SPECTER introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide a costof-living adjustment in rates of compensation paid to

veterans with service-connected disabilities, to enhance

programs providing health care, education, and other

benefits for veterans, to authorize major medical facility

projects, to reform eligibility for burial in Arlington National Cemetery, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Veterans Benefits Act of 1999’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 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

Subtitle A—Compensation Cost-of-Living-Adjustment

Sec. 101. Short title.

Sec. 102. Increase in rates of disability compensation and dependency and indemnity compensation.

Sec. 103. Publication of adjusted rates.

Subtitle B—Compensation Rate Amendments

Sec. 111. Disability compensation.

Sec. 112. Additional compensation for dependents.

Sec. 113. Clothing allowance for certain disabled veterans.

Sec. 114. Dependency and indemnity compensation for surviving spouses.

Sec. 115. Dependency and indemnity compensation for children.

Sec. 116. Effective date.

TITLE II—EDUCATIONAL BENEFITS

Sec. 201. Short title.

Sec. 202. Increase in basic benefit of active duty educational assistance.

Sec. 203. Increase in rates of survivors and dependents educational assistance.

Sec. 204. Eligibility of members of the Armed Forces to withdraw elections not

to receive Montgomery GI Bill basic educational assistance.

Sec. 205. Accelerated payments of basic educational assistance.

TITLE III—MEDICAL CARE

Subtitle A—Long-Term Care

Sec. 301. Adult day health care.

Sec. 302. In-home respite care services.

Subtitle B—Management of Medical Facilities and Property

Sec. 311. Disposal of Department of Veterans Affairs real property.

Sec. 312. Extension of enhanced-use lease authority.

Subtitle C—Homeless Veterans

Sec. 321. Extension of program of housing assistance for homeless veterans.

Sec. 322. Homeless veterans comprehensive service programs.

Sec. 323. Authorizations of appropriations for homeless veterans’ reintegration

projects.
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Sec. 324. Report on implementation of General Accounting Office recommendations regarding performance measures.

Subtitle D—Other Health Care Provisions

Sec. 331. Treatment and services for drug or alcohol dependency.

Sec. 332. Allocation to Department of Veterans Affairs health care facilities of

amounts in Medical Care Collections Fund.

Sec. 333. Extension of certain Persian Gulf War authorities.

Sec. 334. Report on coordination of procurement of pharmaceuticals and medical supplies by the Department of Veterans Affairs and the

Department of Defense.

Subtitle E—Major Medical Facility Projects Construction Authorization

Sec. 341. Authorization of major medical facility projects.

TITLE IV—OTHER BENEFITS MATTERS

Sec. 401. Payment rate of certain burial benefits for certain Filipino veterans.

Sec. 402. Extension of authority to maintain a regional office in the Republic

of the Philippines.

Sec. 403. Extension of Advisory Committee on Minority Veterans.

Sec. 404. Repeal of limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 405. Clarification of veterans employment opportunities.

TITLE V—MEMORIAL AFFAIRS

Subtitle A—Arlington National Cemetery

Sec. 501. Short title.

Sec. 502. Persons eligible for burial in Arlington National Cemetery.

Sec. 503. Persons eligible for placement in the columbarium in Arlington National Cemetery.

Subtitle B—World War II Memorial

Sec. 511. Short title.

Sec. 512. Fund raising by American Battle Monuments Commission for World

War II memorial.

Sec. 513. General authority of American Battle Monuments Commission to solicit and receive contributions.

Sec. 514. Intellectual property and related items.

TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 601. Staggered retirement of judges.

Sec. 602. Recall of retired judges.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of title 38, United States Code.

4 TITLE I—COMPENSATION COST5 OF-LIVING ADJUSTMENT

6 Subtitle A—Compensation Cost-of7 Living-Adjustment

8 SEC. 101. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Veterans’ Com10 pensation Cost-of-Living Adjustment Act of 1999’’.

11 SEC. 102. INCREASE IN RATES OF DISABILITY COMPENSA12 TION AND DEPENDENCY AND INDEMNITY

13 COMPENSATION.

14 (a) RATE ADJUSTMENT.—The Secretary of Veterans

15 Affairs shall, effective on December 1, 1999, increase the

16 dollar amounts in effect for the payment of disability com17 pensation and dependency and indemnity compensation by

18 the Secretary, as specified in subsection (b).

19 (b) AMOUNTS TO BE INCREASED.—The dollar

20 amounts to be increased pursuant to subsection (a) are

21 the following:

22 (1) COMPENSATION.—Each of the dollar

23 amounts in effect under section 1114 of title 38,

24 United States Code.
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1 (2) ADDITIONAL COMPENSATION FOR DEPEND2 ENTS.—Each of the dollar amounts in effect under

3 sections 1115(1) of such title.

4 (3) CLOTHING ALLOWANCE.—The dollar

5 amount in effect under section 1162 of such title.

6 (4) NEW DIC RATES.—The dollar amounts in

7 effect under paragraphs (1) and (2) of section

8 1311(a) of such title.

9 (5) OLD DIC RATES.—Each of the dollar

10 amounts in effect under section 1311(a)(3) of such

11 title.

12 (6) ADDITIONAL DIC FOR SURVIVING SPOUSES

13 WITH MINOR CHILDREN.—The dollar amount in ef14 fect under section 1311(b) of such title.

15 (7) ADDITIONAL DIC FOR DISABILITY.—The

16 dollar amounts in effect under sections 1311(c) and

17 1311(d) of such title.

18 (8) DIC FOR DEPENDENT CHILDREN.—The

19 dollar amounts in effect under sections 1313(a) and

20 1314 of such title.

21 (c) DETERMINATION OF INCREASE.—(1) The in22 crease under subsection (a) shall be made in the dollar

23 amounts specified in subsection (b) as in effect on Novem24 ber 30, 1999.
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1 (2) Except as provided in paragraph (3), each such

2 amount shall be increased by the same percentage as the

3 percentage by which benefit amounts payable under title

4 II of the Social Security Act (42 U.S.C. 401 et seq.) are

5 increased effective December 1, 1999, as a result of a de6 termination under section 215(i) of such Act (42 U.S.C.

7 415(i)).

8 (3) Each dollar amount increased pursuant to para9 graph (2) shall, if not a whole dollar amount, be rounded

10 down to the next lower whole dollar amount.

11 (d) SPECIAL RULE.—The Secretary may adjust ad12 ministratively, consistent with the increases made under

13 subsection (a), the rates of disability compensation pay14 able to persons within the purview of section 10 of Public

15 Law 85–857 (72 Stat. 1263) who are not in receipt of

16 compensation payable pursuant to chapter 11 of title 38,

17 United States Code.

18 SEC. 103. PUBLICATION OF ADJUSTED RATES.

19 At the same time as the matters specified in section

20 215(i)(2)(D) of the Social Security Act (42 U.S.C.

21 415(i)(2)(D)) are required to be published by reason of

22 a determination made under section 215(i) of such Act

23 during fiscal year 2000, the Secretary of Veterans Affairs

24 shall publish in the Federal Register the amounts specified
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1 in subsection (b) of section 102, as increased pursuant to

2 that section.

3 Subtitle B—Compensation Rate

4 Amendments

5 SEC. 111. DISABILITY COMPENSATION.

6 (a) INCREASE IN RATES.—Section 1114 is

7 amended—

8 (1) by striking ‘‘$95’’ in subsection (a) and in9 serting ‘‘$96’’;

10 (2) by striking ‘‘$182’’ in subsection (b) and in11 serting ‘‘$184’’;

12 (3) by striking ‘‘$279’’ in subsection (c) and in13 serting ‘‘$282’’;

14 (4) by striking ‘‘$399’’ in subsection (d) and in15 serting ‘‘$404’’;

16 (5) by striking ‘‘$569’’ in subsection (e) and in17 serting ‘‘$576’’;

18 (6) by striking ‘‘$717’’ in subsection (f) and in19 serting ‘‘$726’’;

20 (7) by striking ‘‘$905’’ in subsection (g) and in21 serting ‘‘$916’’;

22 (8) by striking ‘‘$1,049’’ in subsection (h) and

23 inserting ‘‘$1,062’’;

24 (9) by striking ‘‘$1,181’’ in subsection (i) and

25 inserting ‘‘$1,196’’;
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1 (10) by striking ‘‘$1,964’’ in subsection (j) and

2 inserting ‘‘$1,989’’;

3 (11) by striking ‘‘$2,443’’ and ‘‘$3,426’’ in sub4 section (k) and inserting ‘‘$2,474’’ and ‘‘$3,470’’,

5 respectively;

6 (12) by striking ‘‘$2,443’’ in subsection (l) and

7 inserting ‘‘$2,474’’;

8 (13) by striking ‘‘$2,694’’ in subsection (m)

9 and inserting ‘‘$2,729’’;

10 (14) by striking ‘‘$3,066’’ in subsection (n) and

11 inserting ‘‘$3,105’’;

12 (15) by striking ‘‘$3,426’’ each place it appears

13 in subsections (o) and (p) and inserting ‘‘$3,470’’;

14 (16) by striking ‘‘$1,471’’ and ‘‘$2,190’’ in sub15 section (r) and inserting ‘‘$1,490’’ and ‘‘$2,218’’,

16 respectively; and

17 (17) by striking ‘‘$2,199’’ in subsection (s) and

18 inserting ‘‘$2,227’’.

19 (b) SPECIAL RULE.—The Secretary of Veterans Af20 fairs may authorize administratively, consistent with the

21 increases specified in this section, the rates of disability

22 compensation payable to persons within the purview of

23 section 10 of Public Law 85–857 who are not in receipt

24 of compensation payable pursuant to chapter 11 of title

25 38, United States Code.
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1 SEC. 112. ADDITIONAL COMPENSATION FOR DEPENDENTS.

2 Section 1115(1) is amended—

3 (1) by striking ‘‘$114’’ in clause (A) and insert4 ing ‘‘$115’’;

5 (2) by striking ‘‘$195’’ in clause (B) and insert6 ing ‘‘$197’’;

7 (3) by striking ‘‘$78’’ in clause (C) and insert8 ing ‘‘$79’’;

9 (4) by striking ‘‘$92’’ in clause (D) and insert10 ing ‘‘$93’’;

11 (5) by striking ‘‘$215’’ in clause (E) and insert12 ing ‘‘$217’’; and

13 (6) by striking ‘‘$180’’ in clause (F) and insert14 ing ‘‘$182’’.

15 SEC. 113. CLOTHING ALLOWANCE FOR CERTAIN DISABLED

16 VETERANS.

17 Section 1162 is amended by striking ‘‘$528’’ and in18 serting ‘‘$534’’.

19 SEC. 114. DEPENDENCY AND INDEMNITY COMPENSATION

20 FOR SURVIVING SPOUSES.

21 (a) NEW LAW RATES.—Section 1311(a) is

22 amended—

23 (1) by striking ‘‘$850’’ in paragraph (1) and in24 serting ‘‘$861’’; and

25 (2) by striking ‘‘$185’’ in paragraph (2) and in26 serting ‘‘$187’’.
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1 (b) OLD LAW RATES.—The table in subsection (a)(3)

2 is amended to read as follows:

Monthly Monthly

‘‘Pay grade rate Pay grade rate

E–1 ........... $861 W–4 .......... $1,030

E–2 ........... 861 O–1 ........... 909

E–3 ........... 861 O–2 ........... 940

E–4 ........... 861 O–3 ........... 1,004

E–5 ........... 861 O–4 ........... 1,062

E–6 ........... 861 O–5 ........... 1,170

E–7 ........... 890 O–6 ........... 1,318

E–8 ........... 940 O–7 ........... 1,424

E–9 ........... 1980 O–8 ........... 1,561

W–1 .......... 909 O–9 ........... 1,672

W–2 .......... 946 O–10 ......... 21,834

W–3 .......... 974

‘‘1If the veteran served as sergeant major of the

Army, senior enlisted advisor of the Navy, chief

master sergeant of the Air Force, sergeant major

of the Marine Corps, or master chief petty officer

of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving

spouse’s rate shall be $1,057.

‘‘2If the veteran served as Chairman or Vice

Chairman of the Joint Chiefs of Staff, Chief of

Staff of the Army, Chief of Naval Operations,

Chief of Staff of the Air Force, Commandant of

the Marine Corps, or Commandant of the Coast

Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate

shall be $1,966.’’.

3 (c) ADDITIONAL DIC FOR CHILDREN.—Section

4 1311(b) is amended by striking ‘‘$215’’ and inserting

5 ‘‘$217’’.

6 (d) AID AND ATTENDANCE ALLOWANCE.—Section

7 1311(c) is amended by striking ‘‘$215’’ and inserting

8 ‘‘$217’’.

9 (e) HOUSEBOUND RATE.—Section 1311(d) is amend10 ed by striking ‘‘$104’’ and inserting ‘‘$105’’.

11 SEC. 115. DEPENDENCY AND INDEMNITY COMPENSATION

12 FOR CHILDREN.

13 (a) DIC FOR ORPHAN CHILDREN.—Section 1313(a)

14 is amended—
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1 (1) by striking ‘‘$361’’ in paragraph (1) and in2 serting ‘‘$365’’;

3 (2) by striking ‘‘$520’’ in paragraph (2) and in4 serting ‘‘$526’’;

5 (3) by striking ‘‘$675’’ in paragraph (3) and in6 serting ‘‘$683’’; and

7 (4) by striking ‘‘$675’’ and ‘‘$132’’ in para8 graph (4) and inserting ‘‘$683’’ and ‘‘$133’’, respec9 tively.

10 (b) SUPPLEMENTAL DIC FOR DISABLED ADULT

11 CHILDREN.—Section 1314 is amended—

12 (1) by striking ‘‘$215’’ in subsection (a) and in13 serting ‘‘$217’’;

14 (2) by striking ‘‘$361’’ in subsection (b) and in15 serting ‘‘$365’’; and

16 (3) by striking ‘‘$182’’ in subsection (c) and in17 serting ‘‘$184’’.

18 SEC. 116. EFFECTIVE DATE.

19 The amendments made by this subtitle shall take ef20 fect on November 30, 1999.
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1 TITLE II—EDUCATIONAL

2 BENEFITS

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘All-Volunteer Force

5 Educational Assistance Programs Improvements Act of

6 1999’’.

7 SEC. 202. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY

8 EDUCATIONAL ASSISTANCE.

9 (a) INCREASE IN BASIC BENEFIT.—Section 3015 is

10 amended—

11 (1) in subsection (a)(1), by striking ‘‘$528’’ and

12 inserting ‘‘$600’’; and

13 (2) in subsection (b)(1), by striking ‘‘$429’’

14 and inserting ‘‘$488’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 subsection (a) shall take effect on October 1, 1999, and

17 shall apply with respect to educational assistance allow18 ances paid for months after September 1999. However,

19 no adjustment in rates of educational assistance shall be

20 made under section 3015(g) of title 38, United States

21 Code, for fiscal year 2000.

22 SEC. 203. INCREASE IN RATES OF SURVIVORS AND DE23 PENDENTS EDUCATIONAL ASSISTANCE.

24 (a) SURVIVORS AND DEPENDENTS EDUCATIONAL

25 ASSISTANCE.—Section 3532 is amended—
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1 (1) in subsection (a)(1)—

2 (A) by striking ‘‘$485’’ and inserting

3 ‘‘$550’’;

4 (B) by striking ‘‘$365’’ and inserting

5 ‘‘$414’’; and

6 (C) by striking ‘‘$242’’ and inserting

7 ‘‘$274’’;

8 (2) in subsection (a)(2), by striking ‘‘$485’’ and

9 inserting ‘‘$550’’;

10 (3) in subsection (b), by striking ‘‘$485’’ and

11 inserting ‘‘$550’’; and

12 (4) in subsection (c)(2)—

13 (A) by striking ‘‘$392’’ and inserting

14 ‘‘$445’’;

15 (B) by striking ‘‘$294’’ and inserting

16 ‘‘$333’’; and

17 (C) by striking ‘‘$196’’ and inserting

18 ‘‘$222’’.

19 (b) CORRESPONDENCE COURSE.—Section 3534(b) is

20 amended by striking ‘‘$485’’ and inserting ‘‘$550’’.

21 (c) SPECIAL RESTORATIVE TRAINING.—Section

22 3542(a) is amended—

23 (1) by striking ‘‘$485’’ and inserting ‘‘$550’’;

24 (2) by striking ‘‘$152’’ each place it appears

25 and inserting ‘‘$172’’; and
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1 (3) by striking ‘‘$16.16’’ and inserting

2 ‘‘$18.35’’.

3 (d) APPRENTICESHIP TRAINING.—Section

4 3687(b)(2) is amended—

5 (1) by striking ‘‘$353’’ and inserting ‘‘$401’’;

6 (2) by striking ‘‘$264’’ and inserting ‘‘$299’’;

7 (3) by striking ‘‘$175’’ and inserting ‘‘$198’’;

8 and

9 (4) by striking ‘‘$88’’ and inserting ‘‘$99’’.

10 (e) EFFECTIVE DATE.—The amendments made by

11 this section shall take effect on October 1, 1999, and shall

12 apply with respect to educational assistance paid for

13 months after September 1999.

14 SEC. 204. ELIGIBILITY OF MEMBERS OF THE ARMED

15 FORCES TO WITHDRAW ELECTIONS NOT TO

16 RECEIVE MONTGOMERY GI BILL BASIC EDU17 CATIONAL ASSISTANCE.

18 (a) MEMBERS ON ACTIVE DUTY.—Section 3011(c) is

19 amended by adding at the end the following:

20 ‘‘(4)(A) An individual who makes an election under

21 paragraph (1) may withdraw the election at any time be22 fore the discharge or release of the individual from active

23 duty in the Armed Forces. An individual who withdraws

24 such an election shall be entitled to basic educational as25 sistance under this chapter.
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1 ‘‘(B) The withdrawal of an election under this para2 graph shall be made in accordance with regulations pre3 scribed by the Secretary of Defense or by the Secretary

4 of Transportation with respect to the Coast Guard when

5 it is not operating as a service in the Navy.

6 ‘‘(C)(i) In the case of an individual who withdraws

7 an election under this paragraph—

8 ‘‘(I) the basic pay of the individual shall be re9 duced by $100 for each month after the month in

10 which the election is made until the total amount of

11 such reductions equals $1,500; or

12 ‘‘(II) to the extent that basic pay is not so re13 duced before the individual’s discharge or release

14 from active duty in the Armed Forces, the Secretary

15 shall collect from the individual an amount equal to

16 the difference between $1,500 and the total amount

17 of reductions under subclause (I).

18 ‘‘(ii) An individual described in clause (i) may pay

19 the Secretary at any time an amount equal to the total

20 amount of the reduction in basic pay otherwise required

21 with respect to the individual under that clause minus the

22 total amount of reductions of basic pay of the individual

23 under that clause at the time of the payment under this

24 clause.
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1 ‘‘(iii) The second sentence of subsection (b) shall

2 apply to any reductions in basic pay under clause (i)(I).

3 ‘‘(iv) Amounts collected under clause (i)(II) and

4 amounts paid under clause (ii) shall be deposited into the

5 Treasury as miscellaneous receipts.

6 ‘‘(D) The withdrawal of an election under this para7 graph is irrevocable.’’.

8 (b) MEMBERS OF SELECTED RESERVE.—Section

9 3012(d) is amended by adding at the end the following:

10 ‘‘(4)(A) An individual who makes an election under

11 paragraph (1) may withdraw the election at any time be12 fore the discharge or release of the individual from the

13 Armed Forces. An individual who withdraws such an elec14 tion shall be entitled to basic educational assistance under

15 this chapter.

16 ‘‘(B) The withdrawal of an election under this para17 graph shall be made in accordance with regulations pre18 scribed by the Secretary of Defense or by the Secretary

19 of Transportation with respect to the Coast Guard when

20 it is not operating as a service in the Navy.

21 ‘‘(C)(i) In the case of an individual who withdraws

22 an election under this paragraph—

23 ‘‘(I) the basic pay or compensation of the indi24 vidual shall be reduced by $100 for each month

25 after the month in which the election is made until
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1 the total amount of such reductions equals $1,500;

2 or

3 ‘‘(II) to the extent that basic pay or compensa4 tion is not so reduced before the individual’s dis5 charge or release from the Armed Forces, the Sec6 retary shall collect from the individual an amount

7 equal to the difference between $1,500 and the total

8 amount of reductions under subclause (I).

9 ‘‘(ii) An individual described in clause (i) may pay

10 the Secretary at any time an amount equal to the total

11 amount of the reduction in basic pay or compensation oth12 erwise required with respect to the individual under that

13 clause minus the total amount of reductions of basic pay

14 or compensation of the individual under that clause at the

15 time of the payment under this clause.

16 ‘‘(iii) The second sentence of subsection (c) shall

17 apply to any reductions in basic pay or compensation

18 under clause (i)(I).

19 ‘‘(iv) Amounts collected under clause (i)(II) and

20 amounts paid under clause (ii) shall be deposited into the

21 Treasury as miscellaneous receipts.

22 ‘‘(D) The withdrawal of an election under this para23 graph is irrevocable.’’.
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1 SEC. 205. ACCELERATED PAYMENTS OF BASIC EDU2 CATIONAL ASSISTANCE.

3 Section 3014 is amended—

4 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;

5 and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(b)(1) The Secretary may make payments of basic

9 educational assistance under this subchapter on an accel10 erated basis.

11 ‘‘(2) The Secretary may pay basic educational assist12 ance on an accelerated basis under this subsection only

13 to an individual entitled to payment of such assistance

14 under this subchapter who has made a request for pay15 ment of such assistance on an accelerated basis.

16 ‘‘(3) In the event an adjustment under section

17 3015(g) of this title in the monthly rate of basic edu18 cational assistance will occur during a period for which

19 a payment of such assistance is made on an accelerated

20 basis under this subsection, the Secretary shall pay on an

21 accelerated basis the amount of such assistance otherwise

22 payable under this subchapter for the period without re23 gard to the adjustment under that section.

24 ‘‘(4) The entitlement to basic educational assistance

25 under this subchapter of an individual who is paid such

26 assistance on an accelerated basis under this subsection
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1 shall be charged at a rate equal to one month for each

2 month of the period covered by the accelerated payment

3 of such assistance.

4 ‘‘(5) Basic educational assistance shall be paid on an

5 accelerated basis under this subsection as follows:

6 ‘‘(A) In the case of assistance for a course lead7 ing to a standard college degree, at the beginning of

8 the quarter, semester, or term of the course in a

9 lump-sum amount equivalent to the aggregate

10 amount of monthly assistance otherwise payable

11 under this subchapter for the quarter, semester, or

12 term, as the case may be, of the course.

13 ‘‘(B) In the case of assistance for a course

14 other than a course referred to in subparagraph

15 (A)—

16 ‘‘(i) at the later of (I) the beginning of the

17 course, or (II) a reasonable time after the re18 quest for payment by the individual concerned;

19 and

20 ‘‘(ii) in any amount requested by the indi21 vidual concerned within the limit, if any, speci22 fied in the regulations prescribed by the Sec23 retary under paragraph (6), with such limit not

24 to exceed the aggregate amount of monthly as-
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1 sistance otherwise payable under this sub2 chapter for the period of the course.

3 ‘‘(6) The Secretary shall prescribe regulations for

4 purposes of making payments of basic educational assist5 ance on an accelerated basis under this subsection. Such

6 regulations shall include requirements relating to the re7 quest for, making and delivery of, and receipt and use of

8 such payments and may include a limit on the amount

9 payable for a course under paragraph (5)(B)(ii).’’.

10 TITLE III—MEDICAL CARE

11 Subtitle A—Long-Term Care

12 SEC. 301. ADULT DAY HEALTH CARE.

13 Section 1720(f)(1)(A)(i) is amended by striking

14 ‘‘subsections (a) through (d) of this section’’ and inserting

15 ‘‘subsections (b) through (d) of this section’’.

16 SEC. 302. IN-HOME RESPITE CARE SERVICES.

17 Section 1720B(b) is amended—

18 (1) in the matter preceding paragraph (1), by

19 striking ‘‘or nursing home care’’ and inserting

20 ‘‘, nursing home care, or home-based care’’; and

21 (2) in paragraph (2), by inserting ‘‘or in the

22 home of a veteran’’ after ‘‘in a Department facility’’.
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1 Subtitle B—Management of

2 Medical Facilities and Property

3 SEC. 311. DISPOSAL OF DEPARTMENT OF VETERANS AF4 FAIRS REAL PROPERTY.

5 (a) TEMPORARY FLEXIBILITY IN DISPOSAL.—(1)

6 Chapter 81 is amended by inserting after section 8122 the

7 following new section:

8 ‘‘§ 8122A. Disposal of real property: temporary flexi9 bility in disposal

10 ‘‘(a)(1) The Secretary may, in accordance with this

11 section, dispose of property owned by the United States

12 that is administered by the Secretary (including improve13 ments and equipment associated with the property) by

14 transfer, sale, or exchange to a Federal agency, a State

15 or political subdivision thereof, or any public or private

16 entity.

17 ‘‘(2) The Secretary may exercise the authority pro18 vided by this section without regard to the following provi19 sions of law:

20 ‘‘(A) Sections 202 and 203 of the Federal

21 Property and Administrative Services Act of 1949

22 (40 U.S.C. 483, 484).

23 ‘‘(B) Section 501 of the Stewart B. McKinney

24 Homeless Assistance Act (42 U.S.C. 11411).
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1 ‘‘(3) The Secretary may not undertake more than 30

2 transactions for the disposal of real property under this

3 section.

4 ‘‘(b)(1) The Secretary shall obtain compensation in

5 connection with a disposal of real property under this sec6 tion, other than by transfer or exchange with another Fed7 eral entity, in an amount equal to the fair market value

8 of the property disposed of. Such compensation may in9 clude in-kind compensation.

10 ‘‘(2) The Secretary may use amounts of cash com11 pensation received in connection with a disposal of real

12 property under this section to cover costs incurred by the

13 Secretary for administrative expenses associated with the

14 disposal.

15 ‘‘(c)(1) There is in the Treasury a revolving fund to

16 be known as the Department of Veterans Affairs Capital

17 Asset Fund (in this section referred to as the ‘Fund’).

18 ‘‘(2) The Secretary shall deposit in the Fund the fol19 lowing:

20 ‘‘(A) Any amounts appropriated pursuant to an

21 authorization of appropriations for the Fund.

22 ‘‘(B) Any cash compensation from the disposal

23 of real property under this section, less amounts

24 used to cover administrative expenses associated

25 with such disposal under subsection (b)(2).
23

•S 1076 IS

1 ‘‘(3)(A) To the extent provided in advance in appro2 priations Acts and subject to subsection (e)(2), amounts

3 in the Fund at the beginning of a fiscal year shall be avail4 able during the fiscal year as follows:

5 ‘‘(i) For costs associated with the disposal of

6 real property under this section, including—

7 ‘‘(I) costs of demolition of facilities and

8 improvements;

9 ‘‘(II) costs of environmental restoration;

10 and

11 ‘‘(III) costs of maintenance and repair of

12 property, facilities, and improvements to facili13 tate disposal;

14 ‘‘(ii) To the extent not utilized under clause (i)

15 and subject to subparagraph (B)—

16 ‘‘(I) for construction projects and facility

17 leases (other than projects or leases within the

18 scope of section 8104(a) of this title) and non19 recurring maintenance and operation activities

20 (including the procurement and maintenance of

21 equipment);

22 ‘‘(II) for transfer to the Department of

23 Veterans Affairs Medical Care Collections Fund

24 established in section 1729A of this title for use

25 in accordance with that section;
24

•S 1076 IS

1 ‘‘(III) for activities and grants under pro2 grams for providing grants for homeless assist3 ance; and

4 ‘‘(IV) for transfer to the Department of

5 Housing and Urban Development for homeless

6 assistance grants.

7 ‘‘(iii) To the extent not utilized under clauses

8 (i) and (ii), for the establishment and maintenance

9 of the database required under subsection (d).

10 ‘‘(B) Of the amounts available under subparagraph

11 (A)(ii) for a fiscal year—

12 ‘‘(i) an amount equal to 90 percent of such

13 amounts shall be available under subclauses (I), (II)

14 and (III) of that subparagraph; and

15 ‘‘(ii) an amount equal to 10 percent of such

16 amounts shall be available under subclause (IV) of

17 that subparagraph.

18 ‘‘(4) Amounts in the Fund shall be available for the

19 purposes specified in paragraph (3) without fiscal year

20 limitation.

21 ‘‘(d) The Secretary shall, in consultation with the Ad22 ministrator of General Services, establish and maintain a

23 database of information on the real property of the De24 partment. The database shall provide information that fa-
25

•S 1076 IS

1 cilitates the management of such real property, including

2 the disposal of real property under this section.

3 ‘‘(e)(1) The authority of the Secretary to dispose of

4 real property under this section shall expire 5 years after

5 the date of the enactment of the Veterans Benefits Act

6 of 1999.

7 ‘‘(2)(A) The Fund shall be available for not more

8 than 2 years after the expiration of the authority under

9 paragraph (1) for authorized uses of the Fund under this

10 section.

11 ‘‘(B) Any unobligated funds in the Fund at the expi12 ration of the availability of the Fund under subparagraph

13 (A) shall be transferred to and merged with amounts in

14 the Construction, Minor Projects Account.

15 ‘‘(f) The Secretary shall include with the materials

16 that accompany the budget of the President for a fiscal

17 year under section 1105 of title 31 a description, for the

18 year preceding the year in which the budget is submitted,

19 of each transaction for the disposal of real property car20 ried out under this section.’’.

21 (2) The table of sections at the beginning of chapter

22 81 is amended by inserting after the item relating to sec23 tion 8122 the following new item:

‘‘8122A. Disposal of real property: temporary flexibility in disposal.’’.

24 (b) INITIAL CAPITALIZATION OF FUND.—(1) There

25 is hereby authorized to be appropriated for the Depart-
26

•S 1076 IS

1 ment of Veterans Affairs for fiscal year 2000,

2 $10,000,000 for deposit in the Department of Veterans

3 Affairs Capital Asset Fund established by section

4 8122A(c) of title 38, United States Code (as added by

5 subsection (a)).

6 (2) The Secretary may, for purposes of providing ad7 ditional amounts in the Fund, transfer to the Fund in fis8 cal year 2000 amounts in the following accounts, in the

9 order specified:

10 (A) Amounts in the Construction, Major

11 Projects Account.

12 (B) Amounts in the Construction, Minor

13 Projects Account.

14 (3) The Secretary shall reimburse an account re15 ferred to in paragraph (2) for any amounts transferred

16 from the account to the Fund under that paragraph.

17 Amounts for such reimbursements shall be derived from

18 amounts in the Fund.

19 (c) MODIFICATIONS OF GENERAL REAL PROPERTY

20 DISPOSAL AUTHORITY.—Paragraph (2) of section

21 8122(a) is amended to read as follows:

22 ‘‘(2)(A) Except as provided in paragraph (3) of this

23 subsection, the Secretary may not during any fiscal year

24 dispose of any real property that is owned by the United

25 States and administered by the Secretary unless—
27

•S 1076 IS

1 ‘‘(i) the disposal is described in the budget sub2 mitted to Congress pursuant to section 1105 of title

3 31 for that fiscal year; and

4 ‘‘(ii) the Department receives compensation for

5 the disposal equal to fair market value of the real

6 property.

7 ‘‘(B) The use of amounts received by the Secretary

8 as a result of the disposal of real property under this para9 graph shall be governed by the provisions of section 8122A

10 of this title.’’.

11 SEC. 312. EXTENSION OF ENHANCED-USE LEASE AUTHOR12 ITY.

13 Section 8169 is amended by striking ‘‘December 31,

14 2001’’ and inserting ‘‘December 31, 2004’’.

15 Subtitle C—Homeless Veterans

16 SEC. 321. EXTENSION OF PROGRAM OF HOUSING ASSIST17 ANCE FOR HOMELESS VETERANS.

18 Section 3735(c) is amended by striking ‘‘December

19 31, 1999’’ and inserting ‘‘December 31, 2001’’.

20 SEC. 322. HOMELESS VETERANS COMPREHENSIVE SERVICE

21 PROGRAMS.

22 (a) PURPOSES OF GRANTS.—Section 3(a) of the

23 Homeless Veterans Comprehensive Service Programs Act

24 of 1992 (38 U.S.C. 7721 note) is amended by inserting
28

•S 1076 IS

1 ‘‘, and expanding existing programs for furnishing,’’ after

2 ‘‘new programs to furnish’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

4 12 of that Act (38 U.S.C. 7721 note) is amended in the

5 first sentence by inserting ‘‘and $50,000,000 for each of

6 fiscal years 2000 and 2001’’ after ‘‘for fiscal years 1993

7 through 1997’’.

8 SEC. 323. AUTHORIZATIONS OF APPROPRIATIONS FOR

9 HOMELESS VETERANS’ REINTEGRATION

10 PROJECTS.

11 Section 738(e)(1) of the Stewart B. McKinney Home12 less Assistance Act (42 U.S.C. 11448(e)(1) is amended

13 by adding at the end the following:

14 ‘‘(H) $10,000,000 for fiscal year 2000.

15 ‘‘(I) $10,000,000 for fiscal year 2001.’’.

16 SEC. 324. REPORT ON IMPLEMENTATION OF GENERAL AC17 COUNTING OFFICE RECOMMENDATIONS RE18 GARDING PERFORMANCE MEASURES.

19 (a) REPORT.—Not later than three months after the

20 date of the enactment of this Act, the Secretary of Vet21 erans Affairs shall submit to the Committees on Veterans’

22 Affairs of the Senate and the House of Representatives

23 a report containing a detailed plan for the evaluation by

24 the Department of Veterans Affairs of the effectiveness

25 of programs to assist homeless veterans.
29

•S 1076 IS

1 (b) OUTCOME MEASURES.—The plan shall include

2 outcome measures which determine whether veterans are

3 housed and employed within six months after housing and

4 employment are secured for veterans under such pro5 grams.

6 Subtitle D—Other Health Care

7 Provisions

8 SEC. 331. TREATMENT AND SERVICES FOR DRUG OR ALCO9 HOL DEPENDENCY.

10 Section 1720A(c) is amended—

11 (1) in the first sentence of paragraph (1)—

12 (A) by striking ‘‘may not be transferred’’

13 and inserting ‘‘may be transferred’’; and

14 (B) by striking ‘‘unless such transfer is

15 during the last thirty days of such member’s

16 enlistment or tour of duty’’; and

17 (2) in the first sentence of paragraph (2), by

18 striking ‘‘during the last thirty days of such person’s

19 enlistment period or tour of duty’’.

20 SEC. 332. ALLOCATION TO DEPARTMENT OF VETERANS AF21 FAIRS HEALTH CARE FACILITIES OF

22 AMOUNTS IN MEDICAL CARE COLLECTIONS

23 FUND.

24 Section 1729A(d) is amended—

25 (1) by striking ‘‘(1)’’;
30

•S 1076 IS

1 (2) by striking ‘‘each designated health care re2 gion’’ and inserting ‘‘each Department health care

3 facility’’;

4 (3) by striking ‘‘each region’’ and inserting

5 ‘‘each facility’’;

6 (4) by striking ‘‘such region’’ both places it ap7 pears and inserting ‘‘such facility’’; and

8 (4) by striking paragraph (2).

9 SEC. 333. EXTENSION OF CERTAIN PERSIAN GULF WAR AU10 THORITIES.

11 (a) THREE-YEAR EXTENSION OF NEWSLETTER ON

12 MEDICAL CARE.—Section 105(b)(2) of the Persian Gulf

13 War Veterans’ Benefits Act (title I of Public Law 103–

14 446; 108 Stat. 4659; 38 U.S.C. 1117 note) is amended

15 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem16 ber 31, 2002’’.

17 (b) THREE-YEAR EXTENSION OF PROGRAM FOR

18 EVALUATION OF HEALTH OF SPOUSES AND CHILDREN.—

19 Section 107(b) of Persian Gulf War Veterans’ Benefits

20 Act (title I of Public Law 103–446; 38 U.S.C. 1117 note)

21 is amended by striking ‘‘December 31, 1999’’ and insert22 ing ‘‘December 31, 2002’’.
31

•S 1076 IS

1 SEC. 334. REPORT ON COORDINATION OF PROCUREMENT

2 OF PHARMACEUTICALS AND MEDICAL SUP3 PLIES BY THE DEPARTMENT OF VETERANS

4 AFFAIRS AND THE DEPARTMENT OF DE5 FENSE.

6 (a) REQUIREMENT.—Not later than March 31, 2000,

7 the Secretary of Veterans Affairs and the Secretary of De8 fense shall jointly submit to the Committees on Veterans’

9 Affairs and Armed Services of the Senate and the Com10 mittees on Veterans’ Affairs and Armed Services of the

11 House of Representatives a report on the cooperation be12 tween the Department of Veterans Affairs and the De13 partment of Defense in the procurement of pharma14 ceuticals and medical supplies.

15 (b) REPORT ELEMENTS.—The report under sub16 section (a) shall include the following:

17 (1) A description of the current cooperation be18 tween the Department of Veterans Affairs and the

19 Department of Defense in the procurement of phar20 maceuticals and medical supplies.

21 (2) An assessment of the means by which co22 operation between the departments in such procure23 ment could be enhanced or improved.

24 (3) A description of any existing memoranda of

25 agreement between the Department of Veterans Af-
32

•S 1076 IS

1 fairs and the Department of Defense that provide

2 for the cooperation referred to in subsection (a).

3 (4) A description of the effects, if any, such

4 agreements will have on current staffing levels at the

5 Defense Supply Center in Philadelphia, Pennsyl6 vania, and the Department of Veterans Affairs Na7 tional Acquisition Center in Hines, Illinois.

8 (5) A description of the effects, if any, of such

9 cooperation on military readiness.

10 (6) A comprehensive assessment of cost savings

11 realized and projected over the five fiscal year period

12 beginning in fiscal year 1999 for the Department of

13 Veterans Affairs and the Department of Defense as

14 a result of such cooperation, and the overall savings

15 to the Treasury of the United States as a result of

16 such cooperation.

17 (7) A list of the types of medical supplies and

18 pharmaceuticals for which cooperative agreements

19 would not be appropriate and the reason or reasons

20 therefor.

21 (8) An assessment of the extent to which coop22 erative agreements could be expanded to include

23 medical equipment, major systems, and durable

24 goods used in the delivery of health care by the De-
33

•S 1076 IS

1 partment of Veterans Affairs and the Department of

2 Defense.

3 (9) A description of the effects such agreements

4 might have on distribution of items purchased coop5 eratively by the Department of Veterans Affairs and

6 the Department of Defense, particularly outside the

7 continental United States.

8 (10) An assessment of the potential to establish

9 common pharmaceutical formularies between the De10 partment of Veterans Affairs and the Department of

11 Defense.

12 (11) An explanation of the current Uniform

13 Product Number (UPN) requirements of each De14 partment and of any planned standardization of

15 such requirements between the Departments for

16 medical equipment and durable goods manufactur17 ers.

18 Subtitle E—Major Medical Facility

19 Projects Construction Author20 ization

21 SEC. 341. AUTHORIZATION OF MAJOR MEDICAL FACILITY

22 PROJECTS.

23 (a) IN GENERAL.—The Secretary of Veterans Affairs

24 may carry out the following major medical facility
34

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1 projects, with each project to be carried out in the amount

2 specified for that project:

3 (1) Construction of a long term care facility at

4 the Department of Veterans Affairs Medical Center,

5 Lebanon, Pennsylvania, in an amount not to exceed

6 $14,500,000.

7 (2) Renovations and environmental improve8 ments at the Department of Veterans Affairs Med9 ical Center, Fargo, North Dakota, in an amount not

10 to exceed $12,000,000.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—There is authorized to be

13 appropriated to the Secretary of Veterans Affairs for

14 fiscal year 2000 for the Construction, Major

15 Projects, Account $200,100,000 for the projects au16 thorized in subsection (a) and for the continuation

17 of projects authorized in section 701(a) of the Vet18 erans Programs Enhancement Act of 1998 (Public

19 Law 105–368; 112 Stat. 3348).

20 (2) LIMITATION ON FISCAL YEAR 2000

21 PROJECTS.—The projects authorized in subsection

22 (a) may only be carried out using—

23 (A) funds appropriated for fiscal year 2000

24 pursuant to the authorizations of appropria25 tions in subsection (a);
35

•S 1076 IS

1 (B) funds appropriated for Construction,

2 Major Projects, for a fiscal year before fiscal

3 year 2000 that remain available for obligation;

4 and

5 (C) funds appropriated for Construction,

6 Major Projects, for fiscal year 2000 for a cat7 egory of activity not specific to a project.

8 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999

9 PROJECTS.—Section 703(b)(1) of the Veterans Programs

10 Enhancement Act of 1998 (112 Stat. 3349) is amended—

11 (1) by redesignating subparagraphs (B) and

12 (C) as subparagraphs (C) and (D), respectively; and

13 (2) by inserting after subparagraph (A) the fol14 lowing new subparagraph (B):

15 ‘‘(B) funds appropriated for fiscal year 2000

16 pursuant to the authorization of appropriations in

17 section 341(b)(1) of the Veterans Benefits Act of

18 1999;’’.

19 TITLE IV—OTHER BENEFITS

20 MATTERS

21 SEC. 401. PAYMENT RATE OF CERTAIN BURIAL BENEFITS

22 FOR CERTAIN FILIPINO VETERANS.

23 (a) PAYMENT RATE.—Section 107 is amended—
36

•S 1076 IS

1 (1) in subsection (a), by striking ‘‘Payments’’

2 and inserting ‘‘Subject to subsection (c), payments’’;

3 and

4 (2) by adding at the end the following:

5 ‘‘(c)(1) In the case of an individual described in para6 graph (2), payments under section 2302 or 2303 of this

7 title by reason of subsection (a)(3) shall be made at the

8 rate of $1 for each dollar authorized.

9 ‘‘(2) Paragraph (1) applies to any individual whose

10 service is described in subsection (a) if the individual, on

11 the individual’s date of death—

12 ‘‘(A) is a citizen of the United States;

13 ‘‘(B) is residing in the United States; and

14 ‘‘(C) either—

15 ‘‘(i) is receiving compensation under chap16 ter 11 of this title; or

17 ‘‘(ii) if such service had been deemed to be

18 active military, naval, or air service, would have

19 been paid pension under section 1521 of this

20 title without denial or discontinuance by reason

21 of section 1522 of this title.’’.

22 (b) APPLICABILITY.—No benefits shall accrue to any

23 person for any period before the effective date of this Act

24 by reason of the amendments made by subsection (a).
37

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1 SEC. 402. EXTENSION OF AUTHORITY TO MAINTAIN A RE2 GIONAL OFFICE IN THE REPUBLIC OF THE

3 PHILIPPINES.

4 Section 315(b) is amended by striking ‘‘December 31,

5 1999’’ and inserting ‘‘December 31, 2004’’.

6 SEC. 403. EXTENSION OF ADVISORY COMMITTEE ON MI7 NORITY VETERANS.

8 Section 544(e) is amended by striking ‘‘December 31,

9 1999’’ and inserting ‘‘December 31, 2004’’.

10 SEC. 404. REPEAL OF LIMITATION ON PAYMENTS OF BENE11 FITS TO INCOMPETENT INSTITUTIONALIZED

12 VETERANS.

13 Section 5503 is amended—

14 (1) by striking subsections (b) and (c); and

15 (2) by redesignating subsections (d), (e), and

16 (f) as subsections (b), (c), and (d), respectively.

17 SEC. 405. CLARIFICATION OF VETERANS EMPLOYMENT OP18 PORTUNITIES.

19 (a) CLARIFICATION.—Section 3304(f) of title 5,

20 United States Code, is amended—

21 (1) by striking paragraph (4);

22 (2) by redesignating paragraphs (2) and (3) as

23 paragraphs (3) and (4), respectively; and

24 (3) by inserting after paragraph (1) the fol25 lowing new paragraph (2):
38

•S 1076 IS

1 ‘‘(2) If selected, a preference eligible or veteran de2 scribed in paragraph (1) shall acquire competitive status

3 and shall receive a career or career-conditional appoint4 ment, as appropriate.’’.

5 (b) EFFECTIVE DATE.—The amendments made by

6 subsection (a) shall take effect as if included in the

7 amendment made to section 3304 of title 5, United States

8 Code, by section 2 of the Veterans Employment Opportu9 nities Act of 1998 (Public Law 105–339; 112 Stat. 3182),

10 to which such amendments relate.

11 TITLE V—MEMORIAL AFFAIRS

12 Subtitle A—Arlington National

13 Cemetery

14 SEC. 501. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Arlington National

16 Cemetery Burial and Inurnment Eligibility Act of 1999’’.

17 SEC. 502. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON

18 NATIONAL CEMETERY.

19 (a) IN GENERAL.—(1) Chapter 24 is amended by

20 adding at the end the following new section:

21 ‘‘§ 2412. Arlington National Cemetery: persons eligi22 ble for burial

23 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol24 lowing individuals may be buried in Arlington National

25 Cemetery:
39

•S 1076 IS

1 ‘‘(1) Any member of the Armed Forces who

2 dies while on active duty.

3 ‘‘(2) Any retired member of the Armed Forces

4 and any person who served on active duty and at the

5 time of death was entitled (or but for age would

6 have been entitled) to retired pay under chapter

7 1223 of title 10.

8 ‘‘(3) Any former member of the Armed Forces

9 separated for physical disability before October 1,

10 1949, who—

11 ‘‘(A) served on active duty; and

12 ‘‘(B) would have been eligible for retire13 ment under the provisions of section 1201 of

14 title 10 (relating to retirement for disability)

15 had that section been in effect on the date of

16 separation of the member.

17 ‘‘(4) Any former member of the Armed Forces

18 whose last active duty military service terminated

19 honorably and who has been awarded one of the fol20 lowing decorations:

21 ‘‘(A) Medal of Honor.

22 ‘‘(B) Distinguished Service Cross, Air

23 Force Cross, or Navy Cross.

24 ‘‘(C) Distinguished Service Medal.

25 ‘‘(D) Silver Star.
40

•S 1076 IS

1 ‘‘(E) Purple Heart.

2 ‘‘(5) Any former prisoner of war who dies on or

3 after November 30, 1993.

4 ‘‘(6) The President or any former President.

5 ‘‘(7) Any former member of the Armed Forces

6 whose last discharge or separation from active duty

7 was under honorable conditions and who is or was

8 one of the following:

9 ‘‘(A) Vice President.

10 ‘‘(B) Member of Congress.

11 ‘‘(C) Chief Justice or Associate Justice of

12 the Supreme Court.

13 ‘‘(D) The head of an Executive department

14 (as such departments are listed in section 101

15 of title 5).

16 ‘‘(E) An individual who served in the for17 eign or national security services, if such indi18 vidual died as a result of a hostile action out19 side the United States in the course of such

20 service.

21 ‘‘(8) Any individual whose eligibility is author22 ized in accordance with subsection (b).

23 ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BURIAL.—

24 (1) Subject to paragraph (4), in the case of a former mem25 ber of the Armed Forces not otherwise covered by sub-
41

•S 1076 IS

1 section (a) whose last discharge or separation from active

2 duty was under honorable conditions, if the Secretary of

3 Defense makes a determination referred to in paragraph

4 (3) with respect to such member, the Secretary of Defense

5 may authorize the burial of the remains of such former

6 member in Arlington National Cemetery under subsection

7 (a)(8).

8 ‘‘(2) Subject to paragraph (4), in the case of any indi9 vidual not otherwise covered by subsection (a) or para10 graph (1), if the President makes a determination referred

11 to in paragraph (3) with respect to such individual, the

12 President may authorize the burial of the remains of such

13 individual in Arlington National Cemetery under sub14 section (a)(8).

15 ‘‘(3) A determination referred to in paragraph (1) or

16 (2) is a determination that the acts, service, or other con17 tributions to the Nation of the former member or indi18 vidual concerned are of equal or similar merit to the acts,

19 service, or other contributions to the Nation of any of the

20 persons listed in subsection (a).

21 ‘‘(4) A burial may be authorized under paragraph (1)

22 or (2) only after consultation with respect to the burial

23 by the Secretary of Defense with the Chairmen and Rank24 ing Members of the Committees on Veterans’ Affairs of

25 the Senate and the House of Representatives.
42

•S 1076 IS

1 ‘‘(5)(A) In the case of an authorization for burial

2 under this subsection, the President or the Secretary of

3 Defense, as the case may be, shall submit to the Commit4 tees on Veterans’ Affairs of the Senate and the House of

5 Representatives a report on the authorization not later

6 than 72 hours after the authorization.

7 ‘‘(B) Each report under subparagraph (A) shall—

8 ‘‘(i) identify the individual authorized for bur9 ial; and

10 ‘‘(ii) provide a justification for the authorization

11 for burial.

12 ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The re13 mains of the following individuals may be buried in Arling14 ton National Cemetery:

15 ‘‘(1) The spouse, surviving spouse, minor child,

16 and, at the discretion of the Superintendent, unmar17 ried adult child of a person listed in subsection (a),

18 but only if buried in the same gravesite as that per19 son.

20 ‘‘(2)(A) The spouse, minor child, and, at the

21 discretion of the Superintendent, unmarried adult

22 child of a member of the Armed Forces on active

23 duty if such spouse, minor child, or unmarried adult

24 child dies while such member is on active duty.
43

•S 1076 IS

1 ‘‘(B) The individual whose spouse, minor child,

2 and unmarried adult child is eligible under subpara3 graph (A), but only if buried in the same gravesite

4 as the spouse, minor child, or unmarried adult child.

5 ‘‘(3) The parents of a minor child or unmarried

6 adult child whose remains, based on the eligibility of

7 a parent, are already buried in Arlington National

8 Cemetery, but only if buried in the same gravesite

9 as that minor child or unmarried adult child.

10 ‘‘(4)(A) Subject to subparagraph (B), the sur11 viving spouse, minor child, and, at the discretion of

12 the Superintendent, unmarried adult child of a

13 member of the Armed Forces who was lost, buried

14 at sea, or officially determined to be permanently ab15 sent in a status of missing or missing in action.

16 ‘‘(B) A person is not eligible under subpara17 graph (A) if a memorial to honor the memory of the

18 member is placed in a cemetery in the national cem19 etery system, unless the memorial is removed. A me20 morial removed under this subparagraph may be

21 placed, at the discretion of the Superintendent, in

22 Arlington National Cemetery.

23 ‘‘(5) The surviving spouse, minor child, and, at

24 the discretion of the Superintendent, unmarried

25 adult child of a member of the Armed Forces buried
44

•S 1076 IS

1 in a cemetery under the jurisdiction of the American

2 Battle Monuments Commission.

3 ‘‘(d) SPOUSES.—For purposes of subsection (c)(1), a

4 surviving spouse of a person whose remains are buried in

5 Arlington National Cemetery by reason of eligibility under

6 subsection (a) who has remarried is eligible for burial in

7 the same gravesite of that person. The spouse of the sur8 viving spouse is not eligible for burial in such gravesite.

9 ‘‘(e) DISABLED ADULT UNMARRIED CHILDREN.—In

10 the case of an unmarried adult child who is incapable of

11 self-support up to the time of death because of a physical

12 or mental condition, the child may be buried under sub13 section (c) without requirement for approval by the Super14 intendent under that subsection if the burial is in the same

15 gravesite as the gravesite in which the parent, who is eligi16 ble for burial under subsection (a), has been or will be

17 buried.

18 ‘‘(f) FAMILY MEMBERS OF PERSONS BURIED IN A

19 GROUP GRAVESITE.—In the case of a person eligible for

20 burial under subsection (a) who is buried in Arlington Na21 tional Cemetery as part of a group burial, the surviving

22 spouse, minor child, or unmarried adult child of the mem23 ber may not be buried in the group gravesite.

24 ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN AR25 LINGTON NATIONAL CEMETERY.—Eligibility for burial of
45

•S 1076 IS

1 remains in Arlington National Cemetery prescribed under

2 this section is the exclusive eligibility for such burial.

3 ‘‘(h) APPLICATION FOR BURIAL.—A request for bur4 ial of remains of an individual in Arlington National Cem5 etery made before the death of the individual may not be

6 considered by the Secretary of the Army, the Secretary

7 of Defense, or any other responsible official.

8 ‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) The

9 Secretary of the Army shall maintain a register of each

10 individual buried in Arlington National Cemetery and

11 shall make such register available to the public.

12 ‘‘(2) With respect to each such individual buried on

13 or after January 1, 1998, the register shall include a brief

14 description of the basis of eligibility of the individual for

15 burial in Arlington National Cemetery.

16 ‘‘(j) DEFINITIONS.—For purposes of this section:

17 ‘‘(1) The term ‘retired member of the Armed

18 Forces’ means—

19 ‘‘(A) any member of the Armed Forces on

20 a retired list who served on active duty and who

21 is entitled to retired pay;

22 ‘‘(B) any member of the Fleet Reserve or

23 Fleet Marine Corps Reserve who served on ac24 tive duty and who is entitled to retainer pay;

25 and
46

•S 1076 IS

1 ‘‘(C) any member of a reserve component

2 of the Armed Forces who has served on active

3 duty and who has received notice from the Sec4 retary concerned under section 12731(d) of title

5 10 of eligibility for retired pay under chapter

6 1223 of title 10.

7 ‘‘(2) The term ‘former member of the Armed

8 Forces’ includes a person whose service is considered

9 active duty service pursuant to a determination of

10 the Secretary of Defense under section 401 of Public

11 Law 95–202 (38 U.S.C. 106 note).

12 ‘‘(3) The term ‘Superintendent’ means the Su13 perintendent of Arlington National Cemetery.’’.

14 (2) The table of sections at the beginning of chapter

15 24 is amended by adding at the end the following new

16 item:

‘‘2412. Arlington National Cemetery: persons eligible for burial.’’.

17 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

18 later than 180 days after the date of enactment of this

19 Act, the Secretary of the Army shall publish an updated

20 pamphlet describing eligibility for burial in Arlington Na21 tional Cemetery. The pamphlet shall reflect the provisions

22 of section 2412 of title 38, United States Code, as added

23 by subsection (a).

24 (c) TECHNICAL AMENDMENTS.—Section 2402(7) is

25 amended—
47

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1 (1) by inserting ‘‘(or but for age would have

2 been entitled)’’ after ‘‘was entitled’’;

3 (2) by striking ‘‘chapter 67’’ and inserting

4 ‘‘chapter 1223’’; and

5 (3) by striking ‘‘or would have been entitled to’’

6 and all that follows and inserting a period.

7 (d) EFFECTIVE DATE.—Section 2412 of title 38,

8 United States Code, as added by subsection (a), shall

9 apply with respect to individuals dying on or after the date

10 of enactment of this Act.

11 SEC. 503. PERSONS ELIGIBLE FOR PLACEMENT IN THE

12 COLUMBARIUM IN ARLINGTON NATIONAL

13 CEMETERY.

14 (a) IN GENERAL.—(1) Chapter 24 is amended by

15 adding after section 2412, as added by section 501(a)(1)

16 of this Act, the following new section:

17 ‘‘§ 2413. Arlington National Cemetery: persons eligi18 ble for placement in columbarium

19 ‘‘(a) ELIGIBILITY.—The cremated remains of the fol20 lowing individuals may be placed in the columbarium in

21 Arlington National Cemetery:

22 ‘‘(1) A person eligible for burial in Arlington

23 National Cemetery under section 2412 of this title.
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1 ‘‘(2)(A) A veteran whose last period of active

2 duty service (other than active duty for training)

3 ended honorably.

4 ‘‘(B) The spouse, surviving spouse, minor child,

5 and, at the discretion of the Superintendent of Ar6 lington National Cemetery, unmarried adult child of

7 such a veteran.

8 ‘‘(b) SPOUSE.—Section 2412(d) of this title shall

9 apply to a spouse under this section in the same manner

10 as it applies to a spouse under section 2412 of this title.’’.

11 (2) The table of sections at the beginning of chapter

12 24 is amended by adding after section 2412, as added by

13 section 501(a)(2) of this Act, the following new item:

‘‘2413. Arlington National Cemetery: persons eligible for placement in columbarium.’’.

14 (b) EFFECTIVE DATE.—Section 2413 of title 38,

15 United States Code, as added by subsection (a), shall

16 apply with respect to individuals dying on or after the date

17 of enactment of this Act.

18 Subtitle B—World War II Memorial

19 SEC. 511. SHORT TITLE.

20 This subtitle may be cited as the ‘‘World War II Me21 morial Completion Act’’.
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1 SEC. 512. FUND RAISING BY AMERICAN BATTLE MONU2 MENTS COMMISSION FOR WORLD WAR II ME3 MORIAL.

4 (a) CODIFICATION OF EXISTING AUTHORITY; EX5 PANSION OF AUTHORITY.—(1) Chapter 21 of title 36,

6 United States Code, is amended by adding at the end the

7 following new section:

8 ‘‘§ 2113. World War II memorial in the District of Co9 lumbia

10 ‘‘(a) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘World War II memorial’ means

12 the memorial authorized by Public Law 103–32

13 (107 Stat. 90) to be established by the American

14 Battle Monuments Commission on Federal land in

15 the District of Columbia or its environs to honor

16 members of the Armed Forces who served in World

17 War II and to commemorate the participation of the

18 United States in that war.

19 ‘‘(2) The term ‘Commission’ means the Amer20 ican Battle Monuments Commission.

21 ‘‘(3) The term ‘memorial fund’ means the fund

22 created by subsection (c).

23 ‘‘(b) SOLICITATION AND ACCEPTANCE OF CONTRIBU24 TIONS.—Consistent with the authority of the Commission

25 under section 2103(e) of this title, the Commission shall
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1 solicit and accept contributions for the World War II me2 morial.

3 ‘‘(c) CREATION OF MEMORIAL FUND.—(1) There is

4 hereby created in the Treasury a fund for the World War

5 II memorial, which shall consist of the following:

6 ‘‘(A) Amounts deposited, and interest and pro7 ceeds credited, under paragraph (2).

8 ‘‘(B) Obligations obtained under paragraph (3).

9 ‘‘(C) The amount of surcharges paid to the

10 Commission for the World War II memorial under

11 the World War II 50th Anniversary Commemorative

12 Coins Act.

13 ‘‘(D) Amounts borrowed using the authority

14 provided under subsection (e).

15 ‘‘(E) Any funds received by the Commission

16 under section 2103(l) of this title in exchange for

17 use of, or the right to use, any mark, copyright or

18 patent.

19 ‘‘(2) The Chairman of the Commission shall deposit

20 in the memorial fund the amounts accepted as contribu21 tions under subsection (b). The Secretary of the Treasury

22 shall credit to the memorial fund the interest on, and the

23 proceeds from sale or redemption of, obligations held in

24 the memorial fund.
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1 ‘‘(3) The Secretary of the Treasury shall invest any

2 portion of the memorial fund that, as determined by the

3 Chairman of the Commission, is not required to meet cur4 rent expenses. Each investment shall be made in an inter5 est bearing obligation of the United States or an obligation

6 guaranteed as to principal and interest by the United

7 States that, as determined by the Chairman of the Com8 mission, has a maturity suitable for the memorial fund.

9 ‘‘(d) USE OF MEMORIAL FUND.—The memorial fund

10 shall be available to the Commission for—

11 ‘‘(1) the expenses of establishing the World

12 War II memorial, including the maintenance and

13 preservation amount provided for in section 8(b) of

14 the Commemorative Works Act (40 U.S.C. 1008(b));

15 ‘‘(2) such other expenses, other than routine

16 maintenance, with respect to the World War II me17 morial as the Commission considers warranted; and

18 ‘‘(3) to secure, obtain, register, enforce, protect,

19 and license any mark, copyright or patent that is

20 owned by, assigned to, or licensed to the Commission

21 under section 2103(l) of this title to aid or facilitate

22 the construction of the World War II memorial.

23 ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To as24 sure that groundbreaking, construction, and dedication of

25 the World War II memorial are completed on a timely
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1 basis, the Commission may borrow money from the Treas2 ury of the United States in such amounts as the Commis3 sion considers necessary, but not to exceed a total of

4 $65,000,000. Borrowed amounts shall bear interest at a

5 rate determined by the Secretary of the Treasury, taking

6 into consideration the average market yield on outstanding

7 marketable obligations of the United States of comparable

8 maturities during the month preceding the month in which

9 the obligations of the Commission are issued. The interest

10 payments on such obligations may be deferred with the

11 approval of the Secretary of the Treasury, but any interest

12 payment so deferred shall also bear interest.

13 ‘‘(2) The borrowing of money by the Commission

14 under paragraph (1) shall be subject to such maturities,

15 terms, and conditions as may be agreed upon by the Com16 mission and the Secretary of the Treasury, except that

17 the maturities may not exceed 20 years and such bor18 rowings may be redeemable at the option of the Commis19 sion before maturity.

20 ‘‘(3) The obligations of the Commission shall be

21 issued in amounts and at prices approved by the Secretary

22 of the Treasury. The authority of the Commission to issue

23 obligations under this subsection shall remain available

24 without fiscal year limitation. The Secretary of the Treas25 ury shall purchase any obligations of the Commission to
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1 be issued under this subsection, and for such purpose the

2 Secretary of the Treasury may use as a public debt trans3 action of the United States the proceeds from the sale of

4 any securities issued under chapter 31 of title 31. The

5 purposes for which securities may be issued under such

6 chapter are extended to include any purchase of the Com7 mission’s obligations under this subsection.

8 ‘‘(4) Repayment of the interest and principal on any

9 funds borrowed by the Commission under paragraph (1)

10 shall be made from amounts in the memorial fund. The

11 Commission may not use for such purpose any funds ap12 propriated for any other activities of the Commission.

13 ‘‘(f) TREATMENT OF BORROWING AUTHORITY.—In

14 determining whether the Commission has sufficient funds

15 to complete construction of the World War II memorial,

16 as required by section 8 of the Commemorative Works Act

17 (40 U.S.C. 1008), the Secretary of the Interior shall con18 sider the funds that the Commission may borrow from the

19 Treasury under subsection (e) as funds available to com20 plete construction of the memorial, whether or not the

21 Commission has actually exercised the authority to borrow

22 such funds.

23 ‘‘(g) VOLUNTARY SERVICES.—(1) Notwithstanding

24 section 1342 of title 31, the Commission may accept from

25 any person voluntary services to be provided in further-
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1 ance of the fund-raising activities of the Commission relat2 ing to the World War II memorial.

3 ‘‘(2) A person providing voluntary services under this

4 subsection shall be considered to be a Federal employee

5 for purposes of chapter 81 of title 5, relating to compensa6 tion for work-related injuries, and chapter 171 of title 28,

7 relating to tort claims. A volunteer who is not otherwise

8 employed by the Federal Government shall not be consid9 ered to be a Federal employee for any other purpose by

10 reason of the provision of such voluntary service, except

11 that any volunteers given responsibility for the handling

12 of funds or the carrying out of a Federal function are sub13 ject to the conflict of interest laws contained in chapter

14 11 of title 18, and the administrative standards of conduct

15 contained in part 2635 of title 5, Code of Federal Regula16 tions.

17 ‘‘(3) The Commission may provide for reimbursement

18 of incidental expenses which are incurred by a person pro19 viding voluntary services under this subsection. The Com20 mission shall determine which expenses are eligible for re21 imbursement under this paragraph.

22 ‘‘(4) Nothing in this subsection shall be construed to

23 require Federal employees to work without compensation

24 or to allow the use of volunteer services to displace or re25 place Federal employees.
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1 ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A con2 tract entered into by the Commission for the design or

3 construction of the World War II memorial is not a fund4 ing agreement as that term is defined in section 201 of

5 title 35.

6 ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH ME7 MORIAL.—Notwithstanding section 10 of the Commemora8 tive Works Act (40 U.S.C. 1010), the legislative author9 ization for the construction of the World War II memorial

10 contained in Public Law 103–32 (107 Stat. 90) shall not

11 expire until December 31, 2005.’’.

12 (2) The table of sections at the beginning of chapter

13 21 of title 36, United States Code, is amended by adding

14 at the end the following new item:

‘‘2113. World War II memorial in the District of Columbia.’’.

15 (b) CONFORMING AMENDMENTS.—Public Law 103–

16 32 (107 Stat. 90) is amended by striking sections 3, 4,

17 and 5.

18 (c) EFFECT OF REPEAL OF CURRENT MEMORIAL

19 FUND.—Upon the date of the enactment of this Act, the

20 Secretary of the Treasury shall transfer amounts in the

21 fund created by section 4(a) of Public Law 103–32 (107

22 Stat. 91) to the fund created by section 2113 of title 36,

23 United States Code, as added by subsection (a).
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1 SEC. 513. GENERAL AUTHORITY OF AMERICAN BATTLE

2 MONUMENTS COMMISSION TO SOLICIT AND

3 RECEIVE CONTRIBUTIONS.

4 Subsection (e) of section 2103 of title 36, United

5 States Code, is amended to read as follows:

6 ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU7 TIONS.—(1) The Commission may solicit and receive

8 funds and in-kind donations and gifts from any State, mu9 nicipal, or private source to carry out the purposes of this

10 chapter. The Commission shall deposit such funds in a

11 separate account in the Treasury. Funds from this ac12 count shall be disbursed upon vouchers approved by the

13 Chairman of the Commission as well as by a Federal offi14 cial authorized to sign payment vouchers.

15 ‘‘(2) The Commission shall establish written guide16 lines setting forth the criteria to be used in determining

17 whether the acceptance of funds and in-kind donations

18 and gifts under paragraph (1) would—

19 ‘‘(A) reflect unfavorably on the ability of the

20 Commission, or any employee of the Commission, to

21 carry out the responsibilities or official duties of the

22 Commission in a fair and objective manner; or

23 ‘‘(B) compromise the integrity or the appear24 ance of the integrity of the programs of the Commis25 sion or any official involved in those programs.’’.
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1 SEC. 514. INTELLECTUAL PROPERTY AND RELATED ITEMS.

2 Section 2103 of title 36, United States Code, is

3 amended by adding at the end the following new sub4 section:

5 ‘‘(l) INTELLECTUAL PROPERTY AND RELATED

6 ITEMS.—(1) The Commission may—

7 ‘‘(A) adopt, use, register, and license trade8 marks, service marks, and other marks;

9 ‘‘(B) obtain, use, register, and license the use

10 of copyrights consistent with section 105 of title 17;

11 ‘‘(C) obtain, use, and license patents; and

12 ‘‘(D) accept gifts of marks, copyrights, patents

13 and licenses for use by the Commission.

14 ‘‘(2) The Commission may grant exclusive and non15 exclusive licenses in connection with any mark, copyright,

16 patent, or license for the use of such mark, copyright or

17 patent, except to extent the grant of such license by the

18 Commission would be contrary to any contract or license

19 by which the use of such mark, copyright or patent was

20 obtained.

21 ‘‘(3) The Commission may enforce any mark, copy22 right, or patent by an action in the district courts under

23 any law providing for the protection of such marks, copy24 rights, or patents.

25 ‘‘(4) The Attorney General shall furnish the Commis26 sion with such legal representation as the Commission
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1 may require under paragraph (3). The Secretary of De2 fense shall provide representation for the Commission in

3 administrative proceedings before the Patent and Trade4 mark Office and Copyright Office.

5 ‘‘(5) Section 203 of title 17 shall not apply to any

6 copyright transferred in any manner to the Commission.’’.

7 TITLE VI—UNITED STATES

8 COURT OF APPEALS FOR VET9 ERANS CLAIMS

10 SEC. 601. STAGGERED RETIREMENT OF JUDGES.

11 (a) STAGGERED ELIGIBILITY FOR EARLY RETIRE12 MENT.—Notwithstanding section 7296 of title 38, United

13 States Code, judges of the United States Court of Appeals

14 for Veterans Claims described in subsection (b) shall be

15 eligible to retire from the Court without regard to the ac16 tual date of expiration of their terms as judges of the

17 Court, as follows:

18 (1) One individual in 2001.

19 (2) Two individuals in each of 2002 and 2003.

20 (b) COVERED JUDGES.—A judge of the United

21 States Court of Appeals for Veterans Claims is eligible to

22 retire under this section if at the time of retirement the

23 judge—
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1 (1) is an associate judge of the Court who has

2 at least 10 years of service on the Court creditable

3 under section 7296 of title 38, United States Code;

4 (2) has made an election to receive retired pay

5 under section 7296 of such title;

6 (3) has at least 20 years of service allowable

7 under section 7297(l) of such title;

8 (4) is at least fifty-five years of age;

9 (5) has years of age, years of service creditable

10 under section 7296 of such title, and years of service

11 allowable under section 7297(l) of such title not

12 creditable under section 7296 of such title that total

13 at least 80; and

14 (6) either—

15 (A) is the most senior associate judge of

16 the Court to submit notice of an election to re17 tire under subsection (c) in 2001; or

18 (B) is one of the two most senior associate

19 judges of the Court to submit notice of an elec20 tion to retire under that subsection in 2002 or

21 2003, as applicable.

22 (c) ELECTION OF INTENT TO RETIRE.—(1) A judge

23 seeking to retire under this section shall submit to the

24 President and the chief judge of the United States Court

25 of Appeals for Veterans Claims written notice of an elec-
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1 tion to so retire not later than April 1 of the year in which

2 the judge seeks to so retire.

3 (2) A notice of election to retire under this subsection

4 for a judge shall specify the retirement date of the judge.

5 That date shall meet the requirements for a retirement

6 date set forth in subsection (d)(1).

7 (3) An election to retire under this section, if accept8 ed by the President, is irrevocable.

9 (d) RETIREMENT.—(1) A judge whose election to re10 tire under this section is accepted shall retire in the year

11 in which notice of the judge’s election to retire is sub12 mitted under subsection (c)(1). The retirement date shall

13 be not later than 90 days after the date of the submittal

14 of the election to retire under that subsection.

15 (2)(A) Notwithstanding any other provision of law

16 and except as provided in subparagraph (B), a judge retir17 ing under this section shall be deemed to have retired

18 under section 7296(b)(1) of title 38, United States Code.

19 (B) The rate of retired pay for a judge retiring under

20 this section shall, as of the date of such judge’s retirement,

21 be equal to the rate of retired pay otherwise applicable

22 to the judge under section 7296(c)(1) of such title as of

23 such date multiplied by the fraction in which—

24 (i) the numerator is the sum of the number of

25 the judge’s years of service as a judge of the United
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1 States Court of Appeals for Veterans Claims cred2 itable under section 7296 of such title and the age

3 of such judge; and

4 (ii) the denominator is 80.

5 (e) DUTY OF ACTUARY.—Section 7298(e)(2) is

6 amended—

7 (1) by redesignating subparagraph (C) as sub8 paragraph (D); and

9 (2) by inserting after subparagraph (B) the fol10 lowing new subparagraph (C):

11 ‘‘(C) For purposes of subparagraph (B) of this para12 graph, the term ‘present value’ includes a value deter13 mined by an actuary with respect to a payment that may

14 be made under subsection (b) from the retirement fund

15 within the contemplation of law.’’.

16 SEC. 602. RECALL OF RETIRED JUDGES.

17 (a) IN GENERAL.—Subchapter I of chapter 72 is

18 amended by inserting after section 7254 the following new

19 section:

20 ‘‘§ 7254a. Recall of retired judges

21 ‘‘(a) The chief judge of the United States Court of

22 Appeals for Veterans Claims may recall to the Court any

23 individual described in subsection (b) if—

24 ‘‘(1) a vacancy exists in a position of associate

25 judge of the Court; or
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1 ‘‘(2) the chief judge determines that the recall

2 is necessary to meet the anticipated case work of the

3 Court.

4 ‘‘(b) An individual eligible for recall to the Court

5 under this section is any individual who—

6 ‘‘(1) has retired as a judge of the Court under

7 the provisions of section 7296 of this title or the

8 provisions of chapter 83 or 84 of title 5, as applica9 ble; and

10 ‘‘(2) has submitted to the chief judge of the

11 Court a notice of election to be so recalled.

12 ‘‘(c)(1) Upon determining to recall an individual to

13 the Court under this section, the chief judge shall certify

14 in writing to the President that—

15 ‘‘(A) the individual to be recalled is needed to

16 perform substantial service for the Court; and

17 ‘‘(B) such service is required for a specified pe18 riod of time.

19 ‘‘(2) The chief judge shall provide a copy of any cer20 tification submitted to the President under paragraph (1)

21 to the Committees on Veterans’ Affairs of the Senate and

22 House of Representatives.

23 ‘‘(3)(A) An individual may be recalled to the Court

24 under this section only with the written consent of the in25 dividual.
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1 ‘‘(B) The individual shall be recalled only for the pe2 riod of time specified in the certification with respect to

3 the individual under paragraph (1).

4 ‘‘(d) An individual recalled to the Court under this

5 section may exercise all of the powers and duties of office

6 of a judge of the Court in active service on the Court.

7 ‘‘(e)(1) An individual recalled to the Court under this

8 section shall, during the period for which the individual

9 serves in recall status under this section, be paid pay at

10 a rate equivalent to the rate of pay in effect under section

11 7253(e)(2) of this title for a judge serving on the Court

12 minus the amount of retired pay paid to the individual

13 under section 7296 of this title or of an annuity under

14 the provisions of chapter 83 or 84 of title 5, as applicable.

15 ‘‘(2) Amounts paid an individual under this sub16 section shall not be treated as compensation for employ17 ment with the United States for purposes of section

18 7296(e) of this title or any provision of title 5 relating

19 to the receipt or forfeiture of retired pay or retirement

20 annuities by a person accepting compensation for employ21 ment with the United States.

22 ‘‘(f)(1) Except as provided in subsection (e), an indi23 vidual recalled to the Court under this section who retired

24 under the applicable provisions of title 5 shall be consid-
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1 ered to be a reemployed annuitant under chapter 83 or

2 84 of title 5, as applicable.

3 ‘‘(2) Nothing in this section shall affect the right of

4 an individual who retired under the provisions of chapter

5 83 or 84 of title 5 to serve otherwise as a reemployed an6 nuitant in accordance with the provisions of title 5.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 72 is amended by inserting

9 after the item relating to section 7254 the following new

10 item:

‘‘7254a. Recall of retired judges.’’.

Æ