I

106TH CONGRESS

1ST SESSION S. 1076

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 9, 1999

Referred to the Committee on Veterans’ Affairs

AN ACT

To amend title 38, United States Code, to enhance programs

providing health care 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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Veterans Benefits Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—MEDICAL CARE

Subtitle A—Long-Term Care

Sec. 101. Continuum of care for veterans.

Sec. 102. Pilot programs relating to long-term care of veterans.

Sec. 103. Pilot program relating to assisted living services.

Subtitle B—Management of Medical Facilities and Property

Sec. 111. Enhanced-use lease authority.

Sec. 112. Designation of hospital bed replacement building at Department of

Veterans Affairs medical center in Reno, Nevada, after Jack

Streeter.

Subtitle C—Homeless Veterans

Sec. 121. Extension of program of housing assistance for homeless veterans.

Sec. 122. Homeless veterans comprehensive service programs.

Sec. 123. Authorizations of appropriations for homeless veterans’ reintegration

projects.

Sec. 124. Report on implementation of General Accounting Office recommendations regarding performance measures.

Subtitle D—Other Health Care Provisions

Sec. 131. Emergency health care in non-Department of Veterans Affairs facilities for enrolled veterans.

Sec. 132. Improvement of specialized mental health services for veterans.

Sec. 133. Treatment and services for drug or alcohol dependency.

Sec. 134. Allocation to Department of Veterans Affairs health care facilities of

amounts in Medical Care Collections Fund.

Sec. 135. Extension of certain Persian Gulf War authorities.

Sec. 136. Report on coordination of procurement of pharmaceuticals and medical supplies by the Department of Veterans Affairs and the

Department of Defense.

Sec. 137. Reimbursement of medical expenses of veterans located in Alaska.

Sec. 138. Repeal of four-year limitation on terms of Under Secretary for

Health and Under Secretary for Benefits.

Subtitle E—Major Medical Facility Projects Construction Authorization

Sec. 141. Authorization of major medical facility projects.

TITLE II—BENEFITS MATTERS

Sec. 201. Payment rate of certain burial benefits for certain Filipino veterans.

Sec. 202. Extension of authority to maintain a regional office in the Republic

of the Philippines.

Sec. 203. Extension of Advisory Committee on Minority Veterans.
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Sec. 204. Dependency and indemnity compensation for surviving spouses of

former prisoners of war.

Sec. 205. Repeal of limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 206. Clarification of veterans employment opportunities.

TITLE III—MEMORIAL AFFAIRS

Subtitle A—Arlington National Cemetery

Sec. 301. Short title.

Sec. 302. Persons eligible for burial in Arlington National Cemetery.

Sec. 303. Persons eligible for placement in the columbarium in Arlington National Cemetery.

Subtitle B—World War II Memorial

Sec. 311. Short title.

Sec. 312. Fund raising by American Battle Monuments Commission for World

War II Memorial.

Sec. 313. General authority of American Battle Monuments Commission to solicit and receive contributions.

Sec. 314. Intellectual property and related items.

TITLE IV—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 401. Temporary service of certain judges of United States Court of Appeals for Veterans Claims upon expiration of their terms or retirement.

Sec. 402. Modified terms for certain judges of United States Court of Appeals

for Veterans Claims.

Sec. 403. Temporary authority for voluntary separation incentives for certain

judges on United States Court of Appeals for Veterans Claims.

Sec. 404. Definition.

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

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.
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1 TITLE I—MEDICAL CARE

2 Subtitle A—Long-Term Care

3 SEC. 101. CONTINUUM OF CARE FOR VETERANS.

4 (a) INCLUSION OF NONINSTITUTIONAL EXTENDED

5 CARE SERVICES IN DEFINITION OF MEDICAL SERV6 ICES.—Section 1701 is amended—

7 (1) in paragraph (6)(A)(i), by inserting ‘‘non8 institutional extended care services,’’ after ‘‘preven9 tive health services,’’; and

10 (2) by adding at the end the following new

11 paragraphs:

12 ‘‘(10) The term ‘noninstitutional extended care

13 services’ includes—

14 ‘‘(A) home-based primary care;

15 ‘‘(B) adult day health care;

16 ‘‘(C) respite care;

17 ‘‘(D) palliative and end-of-life care; and

18 ‘‘(E) home health aide visits.

19 ‘‘(11) The term ‘respite care’ means hospital

20 care, nursing home care, or residence-based care

21 which—

22 ‘‘(A) is of limited duration;

23 ‘‘(B) is furnished in a Department facility

24 or in the residence of an individual on an inter25 mittent basis to an individual who is suffering
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1 from a chronic illness and who resides primarily

2 at that residence; and

3 ‘‘(C) is furnished for the purpose of help4 ing the individual to continue residing primarily

5 at that residence.’’.

6 (b) CONFORMING AMENDMENTS TO TITLE 38.—

7 (1)(A) Section 1720 is amended by striking subsection (f).

8 (B) The section heading of such section is amended

9 by striking ‘‘; adult day health care’’.

10 (2) Section 1720B is repealed.

11 (3) Chapter 17 is further amended by redesignating

12 sections 1720C, 1720D, and 1720E as sections 1720B,

13 1720C, and 1720D, respectively.

14 (c) CLERICAL AMENDMENTS.—The table of sections

15 for chapter 17 is amended—

16 (1) in the item relating to section 1720, by

17 striking ‘‘; adult day health care’’; and

18 (2) by striking the items relating to sections

19 1720B, 1720C, 1720D, and 1720E and inserting

20 the following:

‘‘1720B. Noninstitutional alternatives to nursing home care.

‘‘1720C. Counseling and treatment for sexual trauma.

‘‘1720D. Nasopharyngeal radium irradiation.’’.

21 (d) ADDITIONAL CONFORMING AMENDMENT.—Sec22 tion 101(g)(2) of the Veterans Health Programs Exten23 sion Act of 1994 (Public Law 103–452; 108 Stat. 4785;

24 38 U.S.C. 1720D note) is amended by striking ‘‘section
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1 1720D’’ both places it appears and inserting ‘‘section

2 1720C’’.

3 SEC. 102. PILOT PROGRAMS RELATING TO LONG-TERM

4 CARE OF VETERANS.

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

6 shall carry out three pilot programs for the purpose of

7 determining the feasibility and practicability of a variety

8 of methods of meeting the long-term care needs of eligible

9 veterans. The pilot programs shall be carried out in ac10 cordance with the provisions of this section.

11 (b) LOCATIONS OF PILOT PROGRAMS.—(1) Each

12 pilot program under this section shall be carried out in

13 two designated health care regions of the Department of

14 Veterans Affairs selected by the Secretary for purposes of

15 this section.

16 (2) In selecting designated health care regions of the

17 Department for purposes of a particular pilot program,

18 the Secretary shall, to the maximum extent practicable,

19 select designated health care regions containing a medical

20 center or medical centers whose current circumstances and

21 activities most closely mirror the circumstances and activi22 ties proposed to be achieved under such pilot program.

23 (3) The Secretary may not carry out more than one

24 pilot program in any given designated health care region

25 of the Department.
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1 (c) SCOPE OF SERVICES UNDER PILOT PRO2 GRAMS.—(1) The services provided under the pilot pro3 grams under this section shall include a comprehensive

4 array of health care services and other services that meet

5 the long-term care needs of veterans, including—

6 (A) inpatient long-term care in intermediate

7 care beds, in nursing homes, and in domiciliary care

8 facilities; and

9 (B) non-institutional long-term care, including

10 hospital-based primary care, adult day health care,

11 respite care, and other community-based interven12 tions and care.

13 (2) As part of the provision of services under the pilot

14 programs, the Secretary shall also provide appropriate

15 case management services.

16 (3) In providing services under the pilot programs,

17 the Secretary shall emphasize the provision of preventive

18 care services, including screening and education.

19 (4) The Secretary may provide health care services

20 or other services under the pilot programs only if the Sec21 retary is otherwise authorized to provide such services by

22 law.

23 (d) DIRECT PROVISION OF SERVICES.—Under one of

24 the pilot programs under this section, the Secretary shall

25 provide long-term care services to eligible veterans directly
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1 through facilities and personnel of the Department of Vet2 erans Affairs.

3 (e) PROVISION OF SERVICES THROUGH COOPERA4 TIVE ARRANGEMENTS.—(1) Under one of the pilot pro5 grams under this section, the Secretary shall provide long6 term care services to eligible veterans through a combina7 tion (as determined by the Secretary) of—

8 (A) services provided under cooperative ar9 rangements with appropriate public and private non10 Governmental entities, including community service

11 organizations; and

12 (B) services provided through facilities and per13 sonnel of the Department.

14 (2) The consideration provided by the Secretary for

15 services provided by entities under cooperative arrange16 ments under paragraph (1)(A) shall be limited to the pro17 vision by the Secretary of appropriate in-kind services to

18 such entities.

19 (f) PROVISION OF SERVICES BY NON-DEPARTMENT

20 ENTITIES.—(1) Under one of the pilot programs under

21 this section, the Secretary shall provide long-term care

22 services to eligible veterans through arrangements with

23 appropriate non-Department entities under which ar24 rangements the Secretary acts solely as the case manager

25 for the provision of such services.
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1 (2) Payment for services provided to veterans under

2 the pilot programs under this subsection shall be made

3 by the Department to the extent that payment for such

4 services is not otherwise provided by another government

5 or non-government entity.

6 (g) DATA COLLECTION.—As part of the pilot pro7 grams under this section, the Secretary shall collect data

8 regarding—

9 (1) the cost-effectiveness of such programs and

10 of other activities of the Department for purposes of

11 meeting the long-term care needs of eligible vet12 erans, including any cost advantages under such

13 programs and activities when compared with the

14 Medicare program, Medicaid program, or other Fed15 eral program serving similar populations;

16 (2) the quality of the services provided under

17 such programs and activities;

18 (3) the satisfaction of participating veterans,

19 non-Department, and non-Government entities with

20 such programs and activities; and

21 (4) the effect of such programs and activities

22 on the ability of veterans to carry out basic activities

23 of daily living over the course of such veterans’ par24 ticipation in such programs and activities.
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1 (h) REPORT.—(1) Not later than six months after the

2 completion of the pilot programs under subsection (i), the

3 Secretary shall submit to Congress a report on the health

4 services and other services furnished by the Department

5 to meet the long-term care needs of eligible veterans.

6 (2) The report under paragraph (1) shall—

7 (A) describe the comprehensive array of health

8 services and other services furnished by the Depart9 ment under law to meet the long-term care needs of

10 eligible veterans, including—

11 (i) inpatient long-term care in intermediate

12 care beds, in nursing homes, and in domiciliary

13 care facilities; and

14 (ii) non-institutional long-term care, in15 cluding hospital-based primary care, adult day

16 health care, respite care, and other community17 based interventions and care;

18 (B) describe the case management services fur19 nished as part of the services described in subpara20 graph (A) and assess the role of such case manage21 ment services in ensuring that eligible veterans re22 ceive services to meet their long-term care needs;

23 and
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1 (C) in describing services under subparagraphs

2 (A) and (B), emphasize the role of preventive serv3 ices in the furnishing of such services.

4 (i) DURATION OF PROGRAMS.—(1) The Secretary

5 shall commence carrying out the pilot programs required

6 by this section not later than 90 days after the date of

7 the enactment of this Act.

8 (2) The authority of the Secretary to provide services

9 under the pilot programs shall cease on the date that is

10 three years after the date of the commencement of the

11 pilot programs under paragraph (1).

12 (j) DEFINITIONS.—In this section:

13 (1) ELIGIBLE VETERAN.—The term ‘‘eligible

14 veteran’’ means the following:

15 (A) Any veteran eligible to receive hospital

16 care and medical services under section

17 1710(a)(1) of title 38, United States Code.

18 (B) Any veteran (other than a veteran de19 scribed in subparagraph (A)) if the veteran is

20 enrolled in the system of annual patient enroll21 ment under section 1705 of title 38, United

22 States Code.

23 (2) LONG-TERM CARE NEEDS.—The term

24 ‘‘long-term care needs’’ means the need by an indi25 vidual for any of the following services:
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1 (A) Hospital care.

2 (B) Medical services.

3 (C) Nursing home care.

4 (D) Case management and other social

5 services.

6 (E) Home and community based services.

7 SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING

8 SERVICES.

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

10 shall carry out a pilot program for the purpose of deter11 mining the feasibility and practicability of providing as12 sisted living services to eligible veterans. The pilot pro13 gram shall be carried out in accordance with this section.

14 (b) LOCATION.—The pilot program under this section

15 shall be carried out at a designated health care region of

16 the Department of Veterans Affairs selected by the Sec17 retary for purposes of this section.

18 (c) SCOPE OF SERVICES.—(1) Subject to paragraph

19 (2), the Secretary shall provide assisted living services

20 under the pilot program to eligible veterans.

21 (2) Assisted living services may not be provided under

22 the pilot program to a veteran eligible for care under sec23 tion 1710(a)(3) of title 38, United States Code, unless

24 such veteran agrees to pay the United States an amount
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1 equal to the amount determined in accordance with the

2 provisions of section 1710(f) of such title.

3 (3) Assisted living services may also be provided

4 under the pilot program to the spouse of an eligible vet5 eran if—

6 (A) such services are provided coincidentally

7 with the provision of identical services to the veteran

8 under the pilot program; and

9 (B) such spouse agrees to pay the United

10 States an amount equal to the cost, as determined

11 by the Secretary, of the provision of such services.

12 (d) REPORTS.—(1) The Secretary shall annually sub13 mit to Committees on Veterans’ Affairs of the Senate and

14 the House of Representatives a report on the pilot pro15 gram under this section. The report shall include a de16 tailed description of the activities under the pilot program

17 during the one-year period ending on the date of the re18 port and such other matters as the Secretary considers

19 appropriate.

20 (2)(A) In addition to the reports required by para21 graph (1), not later than 90 days before concluding the

22 pilot program under this section, the Secretary shall sub23 mit to the committees referred to in that paragraph a final

24 report on the pilot program.
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1 (B) The report on the pilot program under this para2 graph shall include the following:

3 (i) An assessment of the feasibility and prac4 ticability of providing assisted living services for vet5 erans and their spouses.

6 (ii) A financial assessment of the pilot program,

7 including a management analysis, cost-benefit anal8 ysis, Department cash-flow analysis, and strategic

9 outlook assessment.

10 (iii) Recommendations, if any, regarding an ex11 tension of the pilot program, including recommenda12 tions regarding the desirability of authorizing or re13 quiring the Secretary to seek reimbursement for the

14 costs of the Secretary in providing assisted living

15 services in order to reduce demand for higher-cost

16 nursing home care under the pilot program.

17 (iv) Any other information or recommendations

18 that the Secretary considers appropriate regarding

19 the pilot program.

20 (e) DURATION.—(1) The Secretary shall commence

21 carrying out the pilot program required by this section not

22 later than 90 days after the date of the enactment of this

23 Act.

24 (2) The authority of the Secretary to provide services

25 under the pilot program shall cease on the date that is
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1 three years after the date of the commencement of the

2 pilot program under paragraph (1).

3 (f) DEFINITIONS.—In this section:

4 (1) ELIGIBLE VETERAN.—The term ‘‘eligible

5 veteran’’ means the following:

6 (A) Any veteran eligible to receive hospital

7 care and medical services under section

8 1710(a)(1) of title 38, United States Code.

9 (B) Any veteran (other than a veteran de10 scribed in subparagraph (A)) if the veteran is

11 enrolled in the system of annual patient enroll12 ment under section 1705 of title 38, United

13 States Code.

14 (2) ASSISTED LIVING SERVICES.—The term

15 ‘‘assisted living services’’ means services which pro16 vide personal care, activities, health-related care, su17 pervision, and other assistance on a 24-hour basis

18 within a residential or similar setting which—

19 (A) maximizes flexibility in the provision of

20 such care, activities, supervision, and assist21 ance;

22 (B) maximizes the autonomy, privacy, and

23 independence of an individual; and

24 (C) encourages family and community in25 volvement with the individual.
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1 Subtitle B—Management of

2 Medical Facilities and Property

3 SEC. 111. ENHANCED-USE LEASE AUTHORITY.

4 (a) MAXIMUM TERM OF LEASES.—Section

5 8162(b)(2) is amended by striking ‘‘may not exceed—’’

6 and all that follows through the end and inserting ‘‘may

7 not exceed 55 years.’’.

8 (b) AVAILABILITY OF FUNDS FOR CERTAIN ACTIVI9 TIES RELATING TO LEASES.—Section 8162(b)(4) is

10 amended—

11 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

12 (2) in subparagraph (A), as so designated—

13 (A) in the first sentence, by striking

14 ‘‘only’’; and

15 (B) by striking the second sentence; and

16 (3) by adding at the end the following new sub17 paragraph:

18 ‘‘(B) Any payment by the Secretary in contribution

19 to capital activities on property that has been leased under

20 this subchapter may be made from amounts appropriated

21 to the Department for construction, minor projects.’’.

22 (c) EXTENSION OF AUTHORITY.—Section 8169 is

23 amended by striking ‘‘December 31, 2001’’ and inserting

24 ‘‘December 31, 2011’’.
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1 (d) TRAINING AND OUTREACH REGARDING AUTHOR2 ITY.—The Secretary of Veterans Affairs shall take appro3 priate actions to provide training and outreach to per4 sonnel at Department of Veterans Affairs medical centers

5 regarding the enhanced-use lease authority under sub6 chapter V of chapter 81 of title 38, United States Code.

7 The training and outreach shall address methods of ap8 proaching potential lessees in the medical or commercial

9 sectors regarding the possibility of entering into leases

10 under that authority and other appropriate matters.

11 (e) INDEPENDENT ANALYSIS OF OPPORTUNITIES

12 FOR USE OF AUTHORITY.—(1) The Secretary shall take

13 appropriate actions to secure from an appropriate entity

14 independent of the Department of Veterans Affairs an

15 analysis of opportunities for the use of the enhanced-use

16 lease authority under subchapter V of chapter 81 of title

17 38, United States Code.

18 (2) The analysis under paragraph (1) shall include—

19 (A) a survey of the facilities of the Department

20 for purposes of identifying Department property

21 that presents an opportunity for lease under the en22 hanced-use lease authority;

23 (B) an assessment of the feasibility of entering

24 into enhanced-use leases under that authority in the
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1 case of any property identified under subparagraph

2 (A) as presenting an opportunity for such lease; and

3 (C) an assessment of the resources required at

4 the Department facilities concerned, and at the De5 partment Central Office, in order to facilitate the

6 entering into of enhanced-used leases in the case of

7 property so identified.

8 (3) If as a result of the survey under paragraph

9 (2)(A) the entity determines that a particular Department

10 property presents no opportunities for lease under the en11 hanced-use lease authority, the analysis shall include the

12 entity’s explanation of that determination.

13 (4) If as a result of the survey the entity determines

14 that certain Department property presents an opportunity

15 for lease under the enhanced-use lease authority, the anal16 ysis shall include a single integrated business plan, devel17 oped by the entity, that addresses the strategy and re18 sources necessary to implement the plan for all property

19 determined to present an opportunity for such lease.

20 (f) AUTHORITY FOR ENHANCED-USE LEASE OF

21 PROPERTY UNDER BUSINESS PLAN.—(1) The Secretary

22 may enter into an enhanced-use lease of any property

23 identified as presenting an opportunity for such lease

24 under the analysis under subsection (e) if such lease is
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1 consistent with the business plan under paragraph (4) of

2 that subsection.

3 (2) The provisions of subchapter V of chapter 81 of

4 title 38, United States Code, shall apply with respect to

5 any lease under paragraph (1).

6 SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT

7 BUILDING AT DEPARTMENT OF VETERANS

8 AFFAIRS MEDICAL CENTER IN RENO, NE9 VADA, AFTER JACK STREETER.

10 The hospital bed replacement building under con11 struction at the Ioannis A. Lougaris Department of Vet12 erans Affairs Medical Center in Reno, Nevada, is hereby

13 designated as the ‘‘Jack Streeter Building’’. Any reference

14 to that building in any law, regulation, map, document,

15 record, or other paper of the United States shall be consid16 ered to be a reference to the Jack Streeter Building.

17 Subtitle C—Homeless Veterans

18 SEC. 121. EXTENSION OF PROGRAM OF HOUSING ASSIST19 ANCE FOR HOMELESS VETERANS.

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

21 31, 1999’’ and inserting ‘‘December 31, 2001’’.

22 SEC. 122. HOMELESS VETERANS COMPREHENSIVE SERVICE

23 PROGRAMS.

24 (a) PURPOSES OF GRANTS.—Paragraph (1) of sec25 tion 3(a) of the Homeless Veterans Comprehensive Service
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1 Programs Act of 1992 (38 U.S.C. 7721 note) is amended

2 by inserting ‘‘, and expanding existing programs for fur3 nishing,’’ after ‘‘new programs to furnish’’.

4 (b) EXTENSION OF AUTHORITY TO MAKE GRANTS.—

5 Paragraph (2) of that section is amended by striking

6 ‘‘September 30, 1999’’ and inserting ‘‘September 30,

7 2001’’.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

9 12 of that Act (38 U.S.C. 7721 note) is amended in the

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

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

12 through 1997’’.

13 SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS FOR

14 HOMELESS VETERANS’ REINTEGRATION

15 PROJECTS.

16 Section 738(e)(1) of the Stewart B. McKinney Home17 less Assistance Act (42 U.S.C. 11448(e)(1) is amended

18 by adding at the end the following:

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

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

21 SEC. 124. REPORT ON IMPLEMENTATION OF GENERAL AC22 COUNTING OFFICE RECOMMENDATIONS RE23 GARDING PERFORMANCE MEASURES.

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

25 date of the enactment of this Act, the Secretary of Vet-
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1 erans Affairs shall submit to the Committees on Veterans’

2 Affairs of the Senate and the House of Representatives

3 a report containing a detailed plan for the evaluation by

4 the Department of Veterans Affairs of the effectiveness

5 of programs to assist homeless veterans.

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

7 outcome measures which determine whether veterans are

8 housed and employed within six months after housing and

9 employment are secured for veterans under such pro10 grams.

11 Subtitle D—Other Health Care

12 Provisions

13 SEC. 131. EMERGENCY HEALTH CARE IN NON-DEPARTMENT

14 OF VETERANS AFFAIRS FACILITIES FOR EN15 ROLLED VETERANS.

16 (a) DEFINITIONS.—Section 1701 is amended—

17 (1) in paragraph (6)—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (A);

20 (B) by striking the period at the end of

21 subparagraph (B) and inserting ‘‘; and’’; and

22 (C) by inserting after subparagraph (B)

23 the following new subparagraph:
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1 ‘‘(C) emergency care, or reimbursement for

2 such care, as described in sections 1703(a)(3) and

3 1728(a)(2)(E) of this title.’’; and

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

5 paragraph:

6 ‘‘(10) The term ‘emergency medical condition’

7 means a medical condition manifesting itself by

8 acute symptoms of sufficient severity (including se9 vere pain) such that a prudent layperson, who pos10 sesses an average knowledge of health and medicine,

11 could reasonably expect the absence of immediate

12 medical attention to result in—

13 ‘‘(A) placing the health of the individual

14 (or, with respect to a pregnant woman, the

15 health of the woman or her unborn child) in se16 rious jeopardy;

17 ‘‘(B) serious impairment to bodily func18 tions; or

19 ‘‘(C) serious dysfunction of any bodily

20 organ or part.’’.

21 (b) CONTRACT CARE.—Section 1703(a)(3) is amend22 ed by striking ‘‘medical emergencies’’ and all that follows

23 through ‘‘health of a veteran’’ and inserting ‘‘an emer24 gency medical condition of a veteran who is enrolled under

25 section 1705 of this title or who is’’.
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1 (c) REIMBURSEMENT OF EXPENSES FOR EMER2 GENCY CARE.—Section 1728(a)(2) is amended—

3 (1) by striking ‘‘or’’ before ‘‘(D)’’; and

4 (2) by inserting before the semicolon at the end

5 the following: ‘‘, or (E) for any emergency medical

6 condition of a veteran enrolled under section 1705 of

7 this title’’.

8 (d) PAYMENT PRIORITY.—Section 1705 is amended

9 by adding at the end the following new subsection:

10 ‘‘(d) The Secretary shall require in a contract under

11 section 1703(a)(3) of this title, and as a condition of pay12 ment under section 1728(a)(2) of this title, that payment

13 by the Secretary for treatment under such contract, or

14 under such section, of a veteran enrolled under this section

15 shall be made only after any payment that may be made

16 with respect to such treatment under part A or part B

17 of the Medicare program and after any payment that may

18 be made with respect to such treatment by a third-party

19 insurance provider.’’.

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

21 this section shall apply with respect to care or services

22 provided on or after the date of the enactment of this Act.
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1 SEC. 132. IMPROVEMENT OF SPECIALIZED MENTAL

2 HEALTH SERVICES FOR VETERANS.

3 (a) IN GENERAL.—(1) Subchapter II of chapter 17

4 is amended by inserting after section 1712B the following

5 new section:

6 ‘‘§ 1712C. Specialized mental health services

7 ‘‘(a) The Secretary shall carry out programs for pur8 poses of enhancing the provision of specialized mental

9 health services to veterans.

10 ‘‘(b) The programs carried out by the Secretary

11 under subsection (a) shall include the following:

12 ‘‘(1) Programs relating to the treatment of Post

13 Traumatic Stress Disorder (PTSD), including pro14 grams for—

15 ‘‘(A) the establishment and operation of

16 additional outpatient and residential treatment

17 facilities for Post Traumatic Stress Disorder in

18 areas that are underserved by existing pro19 grams relating to Post Traumatic Stress Dis20 order, as determined by qualified mental health

21 personnel of the Department who oversee such

22 programs;

23 ‘‘(B) the provision of services in response

24 to the specific needs of veterans with Post

25 Traumatic Stress Disorder and related dis26 orders, including short-term or long-term care
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1 services that combine residential treatment of

2 Post Traumatic Stress Disorder;

3 ‘‘(C) the provision of Post Traumatic

4 Stress Disorder or dedicated case management

5 services on an outpatient basis; and

6 ‘‘(D) the enhancement of staffing of exist7 ing programs relating to Post Traumatic Stress

8 Disorder which have exceeded the projected

9 workloads for such programs.

10 ‘‘(2) Programs relating to substance use dis11 orders, including programs for—

12 ‘‘(A) the establishment and operation of

13 additional Department-based or community14 based residential treatment facilities;

15 ‘‘(B) the expansion of the provision of

16 opioid treatment services, including the estab17 lishment and operation of additional programs

18 for the provision of opioid treatment services;

19 and

20 ‘‘(C) the reestablishment or enhancement

21 of substance use disorder services at facilities at

22 which such services have been eliminated or

23 curtailed, with an emphasis on the reestablish24 ment or enhancement of services at facilities
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1 where demand for such services is high or

2 which serve large geographic areas.

3 ‘‘(c)(1) The Secretary shall provide for the allocation

4 of funds for the programs carried out under this section

5 in a centralized manner.

6 ‘‘(2) The allocation of funds for such programs

7 shall—

8 ‘‘(A) be based upon an assessment of the need

9 for funds conducted by qualified mental health per10 sonnel of the Department who oversee such pro11 grams; and

12 ‘‘(B) emphasize, to the maximum extent prac13 ticable, the availability of funds for the programs de14 scribed in paragraphs (1) and (2) of subsection

15 (b).’’.

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

17 17 is amended by inserting after the item relating to sec18 tion 1712B the following new item:

‘‘1712C. Specialized mental health services.’’.

19 (b) REPORT.—(1) Not later than March 1 of each

20 of 2000, 2001, and 2002, the Secretary of Veterans Af21 fairs shall submit to Congress a report on the programs

22 carried out by the Secretary under section 1712C of title

23 38, United States Code (as added by subsection (a)).
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1 (2) The report shall, for the period beginning on the

2 date of the enactment of this Act and ending on the date

3 of the report—

4 (A) describe the programs carried out under

5 such section 1712C;

6 (B) set forth the number of veterans provided

7 services under such programs; and

8 (C) set forth the amounts expended for pur9 poses of carrying out such programs.

10 SEC. 133. TREATMENT AND SERVICES FOR DRUG OR ALCO11 HOL DEPENDENCY.

12 Section 1720A(c) is amended—

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

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

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

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

17 during the last thirty days of such member’s

18 enlistment or tour of duty’’; and

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

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

21 enlistment period or tour of duty’’.
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1 SEC. 134. ALLOCATION TO DEPARTMENT OF VETERANS AF2 FAIRS HEALTH CARE FACILITIES OF

3 AMOUNTS IN MEDICAL CARE COLLECTIONS

4 FUND.

5 Section 1729A(d) is amended—

6 (1) by striking ‘‘(1)’’;

7 (2) by striking ‘‘each designated health care re8 gion’’ and inserting ‘‘each Department health care

9 facility’’;

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

11 ‘‘each facility’’;

12 (4) by striking ‘‘such region’’ both places it ap13 pears and inserting ‘‘such facility’’; and

14 (4) by striking paragraph (2).

15 SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF WAR AU16 THORITIES.

17 (a) THREE-YEAR EXTENSION OF NEWSLETTER ON

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

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

20 446; 108 Stat. 4659; 38 U.S.C. 1117 note) is amended

21 by striking ‘‘December 31, 1999’’ and inserting ‘‘Decem22 ber 31, 2002’’.

23 (b) THREE-YEAR EXTENSION OF PROGRAM FOR

24 EVALUATION OF HEALTH OF SPOUSES AND CHILDREN.—

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

26 Act (title I of Public Law 103–446; 38 U.S.C. 1117 note)
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1 is amended by striking ‘‘December 31, 1999’’ and insert2 ing ‘‘December 31, 2002’’.

3 SEC. 136. REPORT ON COORDINATION OF PROCUREMENT

4 OF PHARMACEUTICALS AND MEDICAL SUP5 PLIES BY THE DEPARTMENT OF VETERANS

6 AFFAIRS AND THE DEPARTMENT OF DE7 FENSE.

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

9 the Secretary of Veterans Affairs and the Secretary of De10 fense shall jointly submit to the Committees on Veterans’

11 Affairs and Armed Services of the Senate and the Com12 mittees on Veterans’ Affairs and Armed Services of the

13 House of Representatives a report on the cooperation be14 tween the Department of Veterans Affairs and the De15 partment of Defense in the procurement of pharma16 ceuticals and medical supplies.

17 (b) REPORT ELEMENTS.—The report under sub18 section (a) shall include the following:

19 (1) A description of the current cooperation be20 tween the Department of Veterans Affairs and the

21 Department of Defense in the procurement of phar22 maceuticals and medical supplies.

23 (2) An assessment of the means by which co24 operation between the departments in such procure25 ment could be enhanced or improved.
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1 (3) A description of any existing memoranda of

2 agreement between the Department of Veterans Af3 fairs and the Department of Defense that provide

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

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

6 agreements will have on current staffing levels at the

7 Defense Supply Center in Philadelphia, Pennsyl8 vania, and the Department of Veterans Affairs Na9 tional Acquisition Center in Hines, Illinois.

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

11 cooperation on military readiness.

12 (6) A comprehensive assessment of cost savings

13 realized and projected over the five fiscal year period

14 beginning in fiscal year 1999 for the Department of

15 Veterans Affairs and the Department of Defense as

16 a result of such cooperation, and the overall savings

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

18 such cooperation.

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

20 pharmaceuticals for which cooperative agreements

21 would not be appropriate and the reason or reasons

22 therefor.

23 (8) An assessment of the extent to which coop24 erative agreements could be expanded to include

25 medical equipment, major systems, and durable
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1 goods used in the delivery of health care by the De2 partment of Veterans Affairs and the Department of

3 Defense.

4 (9) A description of the effects such agreements

5 might have on distribution of items purchased coop6 eratively by the Department of Veterans Affairs and

7 the Department of Defense, particularly outside the

8 continental United States.

9 (10) An assessment of the potential to establish

10 common pharmaceutical formularies between the De11 partment of Veterans Affairs and the Department of

12 Defense.

13 (11) An explanation of the current Uniform

14 Product Number (UPN) requirements of each De15 partment and of any planned standardization of

16 such requirements between the Departments for

17 medical equipment and durable goods manufactur18 ers.

19 SEC. 137. REIMBURSEMENT OF MEDICAL EXPENSES OF

20 VETERANS LOCATED IN ALASKA.

21 (a) PRESERVATION OF CURRENT REIMBURSEMENT

22 RATES.—Notwithstanding any other provision of law, the

23 Secretary of Veterans Affairs shall, for purposes of reim24 bursing veterans in Alaska for medical expenses under sec25 tion 1728 of title 38, United States Code, during the one-
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1 year period beginning on the date of the enactment of this

2 Act, use the fee-for-service payment schedule in effect for

3 such purposes on July 31, 1999, rather than the Partici4 pating Physician Fee Schedule under the Medicare pro5 gram.

6 (b) REPORT.—(1) Not later than 180 days after the

7 date of the enactment of this Act, the Secretary of Vet8 erans Affairs and the Secretary of Health and Human

9 Services shall jointly submit to the Committees on Vet10 erans’ Affairs of the Senate and the House of Representa11 tives a report and recommendation on the use of the Par12 ticipating Physician Fee Schedule under the Medicare pro13 gram as a means of calculating reimbursement rates for

14 medical expenses of veterans located in Alaska under sec15 tion 1728 of title 38, United States Code.

16 (2) The report shall—

17 (A) assess the differences between health care

18 costs in Alaska and health care costs in the conti19 nental United States;

20 (B) describe any differences between the costs

21 of providing health care in Alaska and the reim22 bursement rates for the provision of health care

23 under the Participating Physician Fee Schedule; and

24 (C) assess the effects on health care for vet25 erans in Alaska of implementing the Participating
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1 Physician Fee Schedule as a means of calculating

2 reimbursement rates for medical expenses of vet3 erans located in Alaska under section 1728 of title

4 38, United States Code.

5 SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON TERMS

6 OF UNDER SECRETARY FOR HEALTH AND

7 UNDER SECRETARY FOR BENEFITS.

8 (a) UNDER SECRETARY FOR HEALTH.—Section 305

9 is amended—

10 (1) by striking subsection (c); and

11 (2) by redesignating subsection (d) as sub12 section (c).

13 (b) UNDER SECRETARY FOR BENEFITS.—Section

14 306 is amended—

15 (1) by striking subsection (c); and

16 (2) by redesignating subsection (d) as sub17 section (c).

18 (c) APPLICABILITY.—The amendments made by sub19 sections (a) and (b) shall take effect on the date of the

20 enactment of this Act and shall apply with respect to indi21 viduals appointed as Under Secretary for Health and

22 Under Secretary for Benefits, respectively, on or after that

23 date.
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1 Subtitle E—Major Medical Facility

2 Projects Construction Author3 ization

4 SEC. 141. AUTHORIZATION OF MAJOR MEDICAL FACILITY

5 PROJECTS.

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

7 may carry out the following major medical facility

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

9 specified for that project:

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

11 the Department of Veterans Affairs Medical Center,

12 Lebanon, Pennsylvania, in an amount not to exceed

13 $14,500,000.

14 (2) Renovations and environmental improve15 ments at the Department of Veterans Affairs Med16 ical Center, Fargo, North Dakota, in an amount not

17 to exceed $12,000,000.

18 (3) Construction of a surgical suite and post19 anesthesia care unit at the Department of Veterans

20 Affairs Medical Center, Kansas City, Missouri, in an

21 amount not to exceed $13,000,000.

22 (4) Renovations and environmental improve23 ments at the Department of Veterans Affairs Med24 ical Center, Atlanta, Georgia, in an amount not to

25 exceed $12,400,000.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—

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

3 appropriated to the Secretary of Veterans Affairs for

4 fiscal year 2000 for the Construction, Major

5 Projects, Account $225,500,000 for the projects au6 thorized in subsection (a) and for the continuation

7 of projects authorized in section 701(a) of the Vet8 erans Programs Enhancement Act of 1998 (Public

9 Law 105–368; 112 Stat. 3348).

10 (2) LIMITATION ON FISCAL YEAR 2000

11 PROJECTS.—The projects authorized in subsection

12 (a) may only be carried out using—

13 (A) funds appropriated for fiscal year 2000

14 pursuant to the authorizations of appropria15 tions in subsection (a);

16 (B) funds appropriated for Construction,

17 Major Projects, for a fiscal year before fiscal

18 year 2000 that remain available for obligation;

19 and

20 (C) funds appropriated for Construction,

21 Major Projects, for fiscal year 2000 for a cat22 egory of activity not specific to a project.

23 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999

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

25 Enhancement Act of 1998 (112 Stat. 3349) is amended—
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1 (1) by redesignating subparagraphs (B) and

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

3 (2) by inserting after subparagraph (A) the fol4 lowing new subparagraph (B):

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

6 pursuant to the authorization of appropriations in

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

8 1999;’’.

9 TITLE II—BENEFITS MATTERS

10 SEC. 201. PAYMENT RATE OF CERTAIN BURIAL BENEFITS

11 FOR CERTAIN FILIPINO VETERANS.

12 (a) PAYMENT RATE.—Section 107 is amended—

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

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

15 and

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

17 ‘‘(c)(1) In the case of an individual described in para18 graph (2), payments under section 2302 or 2303 of this

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

20 rate of $1 for each dollar authorized.

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

22 service is described in subsection (a) and who dies after

23 the date of the enactment of the Veterans Benefits Act

24 of 1999 if the individual, on the individual’s date of

25 death—
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1 ‘‘(A) is a citizen of the United States;

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

3 ‘‘(C) either—

4 ‘‘(i) is receiving compensation under chap5 ter 11 of this title; or

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

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

8 been paid pension under section 1521 of this

9 title without denial or discontinuance by reason

10 of section 1522 of this title.’’.

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

12 person for any period before the date of the enactment

13 of this Act by reason of the amendments made by sub14 section (a).

15 SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN A RE16 GIONAL OFFICE IN THE REPUBLIC OF THE

17 PHILIPPINES.

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

19 1999’’ and inserting ‘‘December 31, 2004’’.

20 SEC. 203. EXTENSION OF ADVISORY COMMITTEE ON MI21 NORITY VETERANS.

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

23 1999’’ and inserting ‘‘December 31, 2004’’.
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1 SEC. 204. DEPENDENCY AND INDEMNITY COMPENSATION

2 FOR SURVIVING SPOUSES OF FORMER PRIS3 ONERS OF WAR.

4 (a) ELIGIBILITY.—Section 1318(b) is amended—

5 (1) by striking ‘‘that either—’’ in the matter

6 preceding paragraph (1) and inserting ‘‘rated totally

7 disabling if—’’; and

8 (2) by adding at the end the following new

9 paragraph:

10 ‘‘(3) the veteran was a former prisoner of war

11 who died after September 30, 1999, and whose dis12 ability was continuously rated totally disabling for a

13 period of one year immediately preceding death.’’.

14 (b) CONFORMING AMENDMENTS.—Such section is

15 further amended—

16 (1) in paragraph (1)—

17 (A) by inserting ‘‘the disability’’ after

18 ‘‘(1)’’; and

19 (B) by striking ‘‘or’’ after ‘‘death;’’; and

20 (2) in paragraph (2)—

21 (A) by striking ‘‘if so rated for a lesser pe22 riod, was so rated continuously’’ and inserting

23 ‘‘the disability was continuously rated totally

24 disabling’’; and

25 (B) by striking the period at the end and

26 inserting ‘‘; or’’.
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1 SEC. 205. REPEAL OF LIMITATION ON PAYMENTS OF BENE2 FITS TO INCOMPETENT INSTITUTIONALIZED

3 VETERANS.

4 Section 5503 is amended—

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

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

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

8 SEC. 206. CLARIFICATION OF VETERANS EMPLOYMENT OP9 PORTUNITIES.

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

11 United States Code, is amended—

12 (1) by striking paragraph (4);

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

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

15 (3) by inserting after paragraph (1) the fol16 lowing new paragraph (2):

17 ‘‘(2) If selected, a preference eligible or veteran de18 scribed in paragraph (1) shall acquire competitive status

19 and shall receive a career or career-conditional appoint20 ment, as appropriate.’’.

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

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

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

24 Code, by section 2 of the Veterans Employment Opportu25 nities Act of 1998 (Public Law 105–339; 112 Stat. 3182),

26 to which such amendments relate.
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1 TITLE III—MEMORIAL AFFAIRS

2 Subtitle A—Arlington National

3 Cemetery

4 SEC. 301. SHORT TITLE.

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

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

7 SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON

8 NATIONAL CEMETERY.

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

10 adding at the end the following new section:

11 ‘‘§ 2412. Arlington National Cemetery: persons eligi12 ble for burial

13 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol14 lowing individuals may be buried in Arlington National

15 Cemetery:

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

17 dies while on active duty.

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

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

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

21 have been entitled) to retired pay under chapter

22 1223 of title 10.

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

24 separated for physical disability before October 1,

25 1949, who—
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1 ‘‘(A) served on active duty; and

2 ‘‘(B) would have been eligible for retire3 ment under the provisions of section 1201 of

4 title 10 (relating to retirement for disability)

5 had that section been in effect on the date of

6 separation of the member.

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

8 whose last active duty military service terminated

9 honorably and who has been awarded one of the fol10 lowing decorations:

11 ‘‘(A) Medal of Honor.

12 ‘‘(B) Distinguished Service Cross, Air

13 Force Cross, or Navy Cross.

14 ‘‘(C) Distinguished Service Medal.

15 ‘‘(D) Silver Star.

16 ‘‘(E) Purple Heart.

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

18 after November 30, 1993.

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

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

21 whose last discharge or separation from active duty

22 was under honorable conditions and who is or was

23 one of the following:

24 ‘‘(A) Vice President.

25 ‘‘(B) Member of Congress.
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1 ‘‘(C) Chief Justice or Associate Justice of

2 the Supreme Court.

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

4 (as such departments are listed in section 101

5 of title 5).

6 ‘‘(E) An individual who served in the for7 eign or national security services, if such indi8 vidual died as a result of a hostile action out9 side the United States in the course of such

10 service.

11 ‘‘(8) Any individual whose eligibility is author12 ized in accordance with subsection (b).

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

14 (1) In the case of a former member of the Armed Forces

15 not otherwise covered by subsection (a) whose last dis16 charge or separation from active duty was under honorable

17 conditions, if the Secretary of Defense makes a determina18 tion referred to in paragraph (3) with respect to such

19 member, the Secretary of Defense may authorize the bur20 ial of the remains of such former member in Arlington

21 National Cemetery under subsection (a)(8).

22 ‘‘(2) In the case of any individual not otherwise cov23 ered by subsection (a) or paragraph (1), if the President

24 makes a determination referred to in paragraph (3) with

25 respect to such individual, the President may authorize the
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1 burial of the remains of such individual in Arlington Na2 tional Cemetery under subsection (a)(8).

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

4 (2) is a determination that the acts, service, or other con5 tributions to the Nation of the former member or indi6 vidual concerned are of equal or similar merit to the acts,

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

8 persons listed in subsection (a).

9 ‘‘(4)(A) In the case of an authorization for burial

10 under this subsection, the President or the Secretary of

11 Defense, as the case may be, shall submit to the Commit12 tees on Veterans’ Affairs of the Senate and the House of

13 Representatives a report on the authorization not later

14 than 72 hours after the authorization.

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

16 ‘‘(i) identify the individual authorized for bur17 ial; and

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

19 for burial.

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

21 under this subsection, the President or the Secretary of

22 Defense, as the case may be, shall publish in the Federal

23 Register a notice of the authorization as soon as prac24 ticable after the authorization.

25 ‘‘(B) Each notice under subparagraph (A) shall—
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1 ‘‘(i) identify the individual authorized for bur2 ial; and

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

4 for burial.

5 ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The re6 mains of the following individuals may be buried in Arling7 ton National Cemetery:

8 ‘‘(1)(A) Except as provided in subparagraph

9 (B), the spouse, surviving spouse, minor child, and,

10 at the discretion of the Superintendent, unmarried

11 adult child of a person listed in subsection (a), but

12 only if buried in the same gravesite as that person.

13 ‘‘(B) In a case under subparagraph (A) in

14 which the same gravesite may not be used due to in15 sufficient space, a person otherwise eligible under

16 that subparagraph may be interred in a gravesite

17 adjoining the gravesite of the person listed in sub18 section (a) if space in such adjoining gravesite had

19 been reserved for the burial of such person otherwise

20 eligible under that subparagraph before January

21 1962.

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

23 discretion of the Superintendent, unmarried adult

24 child of a member of the Armed Forces on active
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1 duty if such spouse, minor child, or unmarried adult

2 child dies while such member is on active duty.

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

4 and unmarried adult child is eligible under subpara5 graph (A), but only if buried in the same gravesite

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

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

8 adult child whose remains, based on the eligibility of

9 a parent, are already buried in Arlington National

10 Cemetery, but only if buried in the same gravesite

11 as that minor child or unmarried adult child.

12 ‘‘(4)(A) Subject to subparagraph (B), the sur13 viving spouse, minor child, and, at the discretion of

14 the Superintendent, unmarried adult child of a

15 member of the Armed Forces who was lost, buried

16 at sea, or officially determined to be permanently ab17 sent in a status of missing or missing in action.

18 ‘‘(B) A person is not eligible under subpara19 graph (A) if a memorial to honor the memory of the

20 member is placed in a cemetery in the national cem21 etery system, unless the memorial is removed. A me22 morial removed under this subparagraph may be

23 placed, at the discretion of the Superintendent, in

24 Arlington National Cemetery.
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1 ‘‘(5) The surviving spouse, minor child, and, at

2 the discretion of the Superintendent, unmarried

3 adult child of a member of the Armed Forces buried

4 in a cemetery under the jurisdiction of the American

5 Battle Monuments Commission.

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

7 surviving spouse of a person whose remains are buried in

8 Arlington National Cemetery by reason of eligibility under

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

10 the same gravesite of that person. The spouse of the sur11 viving spouse is not eligible for burial in such gravesite.

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

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

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

15 or mental condition, the child may be buried under sub16 section (c) without requirement for approval by the Super17 intendent under that subsection if the burial is in the same

18 gravesite as the gravesite in which the parent, who is eligi19 ble for burial under subsection (a), has been or will be

20 buried.

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

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

23 burial under subsection (a) who is buried in Arlington Na24 tional Cemetery as part of a group burial, the surviving
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1 spouse, minor child, or unmarried adult child of the mem2 ber may not be buried in the group gravesite.

3 ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN AR4 LINGTON NATIONAL CEMETERY.—Eligibility for burial of

5 remains in Arlington National Cemetery prescribed under

6 this section is the exclusive eligibility for such burial.

7 ‘‘(h) APPLICATION FOR BURIAL.—A request for bur8 ial of remains of an individual in Arlington National Cem9 etery made before the death of the individual may not be

10 considered by the Secretary of the Army, the Secretary

11 of Defense, or any other responsible official.

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

13 Secretary of the Army shall maintain a register of each

14 individual buried in Arlington National Cemetery and

15 shall make such register available to the public.

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

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

18 description of the basis of eligibility of the individual for

19 burial in Arlington National Cemetery.

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

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

22 Forces’ means—

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

24 a retired list who served on active duty and who

25 is entitled to retired pay;
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1 ‘‘(B) any member of the Fleet Reserve or

2 Fleet Marine Corps Reserve who served on ac3 tive duty and who is entitled to retainer pay;

4 and

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

6 of the Armed Forces who has served on active

7 duty and who has received notice from the Sec8 retary concerned under section 12731(d) of title

9 10 of eligibility for retired pay under chapter

10 1223 of title 10.

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

12 Forces’ includes a person whose service is considered

13 active duty service pursuant to a determination of

14 the Secretary of Defense under section 401 of Public

15 Law 95–202 (38 U.S.C. 106 note).

16 ‘‘(3) The term ‘Superintendent’ means the Su17 perintendent of Arlington National Cemetery.’’.

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

19 24 is amended by adding at the end the following new

20 item:

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

21 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

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

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

24 pamphlet describing eligibility for burial in Arlington Na25 tional Cemetery. The pamphlet shall reflect the provisions
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1 of section 2412 of title 38, United States Code, as added

2 by subsection (a).

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

4 amended—

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

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

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

8 ‘‘chapter 1223’’; and

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

10 and all that follows and inserting a period.

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

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

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

14 of the enactment of this Act.

15 SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN THE

16 COLUMBARIUM IN ARLINGTON NATIONAL

17 CEMETERY.

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

19 adding after section 2412, as added by section 302(a)(1)

20 of this Act, the following new section:

21 ‘‘§ 2413. Arlington National Cemetery: persons eligi22 ble for placement in columbarium

23 ‘‘(a) ELIGIBILITY.—The cremated remains of the fol24 lowing individuals may be placed in the columbarium in

25 Arlington National Cemetery:
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1 ‘‘(1) A person eligible for burial in Arlington

2 National Cemetery under section 2412 of this title.

3 ‘‘(2)(A) A veteran whose last period of active

4 duty service (other than active duty for training)

5 ended honorably.

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

7 and, at the discretion of the Superintendent of Ar8 lington National Cemetery, unmarried adult child of

9 such a veteran.

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

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

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

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

14 24 is amended by adding after section 2412, as added by

15 section 302(a)(2) of this Act, the following new item:

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

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

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

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

19 of the enactment of this Act.

20 Subtitle B—World War II Memorial

21 SEC. 311. SHORT TITLE.

22 This subtitle may be cited as the ‘‘World War II Me23 morial Completion Act’’.
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1 SEC. 312. 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. 313. 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. 314. 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 IV—UNITED STATES

8 COURT OF APPEALS FOR VET9 ERANS CLAIMS

10 SEC. 401. TEMPORARY SERVICE OF CERTAIN JUDGES OF

11 UNITED STATES COURT OF APPEALS FOR

12 VETERANS CLAIMS UPON EXPIRATION OF

13 THEIR TERMS OR RETIREMENT.

14 (a) AUTHORITY FOR TEMPORARY SERVICE.—(1)

15 Notwithstanding subsection (c) of section 7253 of title 38,

16 United States Code, and subject to the provisions of this

17 section, a judge of the Court whose term on the Court

18 expires in 2004 or 2005 and completes such term, or who

19 retires from the Court under section 7296(b)(1) of such

20 title, may continue to serve on the Court after the expira21 tion of the judge’s term or retirement, as the case may

22 be, without reappointment for service on the Court under

23 such section 7253.

24 (2) A judge may continue to serve on the Court under

25 paragraph (1) only if the judge submits to the chief judge
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1 of the Court written notice of an election to so serve 30

2 days before the earlier of—

3 (A) the expiration of the judge’s term on the

4 Court as described in that paragraph; or

5 (B) the date on which the judge meets the age

6 and service requirements for eligibility for retirement

7 set forth in section 7296(b)(1) of such title.

8 (3) The total number of judges serving on the Court

9 at any one time, including the judges serving under this

10 section, may not exceed 7.

11 (b) PERIOD OF TEMPORARY SERVICE.—(1) The serv12 ice of a judge on the Court under this section may con13 tinue until the earlier of—

14 (A) the date that is 30 days after the date on

15 which the chief judge of the Court submits to the

16 President and Congress a written certification based

17 on the projected caseload of the Court that the work

18 of the Court can be performed in a timely and effi19 cient manner by judges of the Court under this sec20 tion who are senior on the Court to the judge elect21 ing to continue to provide temporary service under

22 this section or without judges under this section; or

23 (B) the date on which the person appointed to

24 the position on the Court occupied by the judge

25 under this section is qualified for the position.
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1 (2) Subsections (f) and (g) of section 7253 of title

2 38, United States Code, shall apply with respect to the

3 service of a judge on the Court under this section.

4 (c) TEMPORARY SERVICE IN OTHER POSITIONS.—(1)

5 If on the date that the person appointed to the position

6 on the Court occupied by a judge under this section is

7 qualified another position on the Court is vacant, the

8 judge may serve in such other position under this section.

9 (2) If two or more judges seek to serve in a position

10 on the Court in accordance with paragraph (1), the judge

11 senior in service on the Court shall serve in the position

12 under that paragraph.

13 (d) COMPENSATION.—(1) Notwithstanding any other

14 provision of law, a person whose service as a judge of the

15 Court continues under this section shall be paid for the

16 period of service under this section an amount as follows:

17 (A) In the case of a person eligible to receive

18 retired pay under subchapter V of chapter 72 of title

19 38, United States Code, or a retirement annuity

20 under subchapter III of chapter 83 or subchapter II

21 of chapter 84 of title 5, United States Code, as ap22 plicable, an amount equal to one-half of the amount

23 of the current salary payable to a judge of the Court

24 under chapter 72 of title 38, United States Code,
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1 having a status on the Court equivalent to the high2 est status on the Court attained by the person.

3 (B) In the case of a person not eligible to re4 ceive such retired pay or such retirement annuity, an

5 amount equal to the amount of current salary pay6 able to a judge of the Court under such chapter 72

7 having a status on the Court equivalent to the high8 est status on the Court attained by the person.

9 (2) Amounts paid under this subsection to a person

10 described in paragraph (1)(A)—

11 (A) shall not be treated as—

12 (i) compensation for employment with the

13 United States for purposes of section 7296(e)

14 of title 38, United States Code, or any provision

15 of title 5, United States Code, relating to the

16 receipt or forfeiture of retired pay or retirement

17 annuities by a person accepting compensation

18 for employment with the United States; or

19 (ii) pay for purposes of deductions or con20 tributions for or on behalf of the person to re21 tired pay under subchapter V of chapter 72 of

22 title 38, United States Code, or under chapter

23 83 or 84 of title 5, United States Code, as ap24 plicable; but
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1 (B) may, at the election of the person, be treat2 ed as pay for purposes of deductions or contribu3 tions for or on behalf of the person to a retirement

4 or other annuity, or both, under subchapter V of

5 chapter 72 of title 38, United States Code, or under

6 chapter 83 or 84 of title 5, United States Code, as

7 applicable.

8 (3) Amounts paid under this subsection to a person

9 described in paragraph (1)(B) shall be treated as pay for

10 purposes of deductions or contributions for or on behalf

11 of the person to retired pay or a retirement or other annu12 ity under subchapter V of chapter 72 of title 38, United

13 States Code, or under chapter 83 or 84 of title 5, United

14 States Code, as applicable.

15 (4) Amounts paid under this subsection shall be de16 rived from amounts available for payment of salaries and

17 benefits of judges of the Court.

18 (e) CREDITABLE SERVICE.—(1) The service as a

19 judge of the Court under this section of a person who

20 makes an election provided for under subsection (d)(2)(B)

21 shall constitute creditable service toward the judge’s years

22 of judicial service for purposes of section 7297 of title 38,

23 United States Code, with such service creditable at a rate

24 equal to the rate at which such service would be creditable
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1 for such purposes if served by a judge of the Court under

2 chapter 72 of that title.

3 (2) The service as a judge of the Court under this

4 section of a person paid salary under subsection (d)(1)(B)

5 shall constitute creditable service of the person toward re6 tirement under subchapter V of chapter 72 of title 38,

7 United States Code, or subchapter III of chapter 83 or

8 subchapter II of chapter 84 of title 5, United States Code,

9 as applicable.

10 (f) ELIGIBILITY FOR ADDITIONAL SERVICE.—The

11 service of a person as a judge of the Court under this

12 section shall not affect the eligibility of the person for ap13 pointment to an additional term or terms on the Court,

14 whether in the position occupied by the person under this

15 section or in another position on the Court.

16 (g) TREATMENT OF PARTY MEMBERSHIP.—For pur17 poses of determining compliance with the last sentence of

18 section 7253(b) of title 38, United States Code, the party

19 membership of a judge serving on the Court under this

20 section shall not be taken into account.

21 SEC. 402. MODIFIED TERMS FOR CERTAIN JUDGES OF

22 UNITED STATES COURT OF APPEALS FOR

23 VETERANS CLAIMS.

24 (a) MODIFIED TERMS.—Notwithstanding section

25 7253(c) of title 38, United States Code, the term of any
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1 judge of the Court who is appointed to a position on the

2 Court that becomes vacant in 2004 shall be 13 years.

3 (b) ELIGIBILITY FOR RETIREMENT.—(1) For pur4 poses of determining the eligibility to retire under section

5 7296 of title 38, United States Code, of a judge appointed

6 as described in subsection (a)—

7 (A) the age and service requirements in the

8 table in paragraph (2) shall apply to the judge in9 stead of the age and service requirements in the

10 table in subsection (b)(1) of that section that would

11 otherwise apply to the judge; and

12 (B) the minimum years of service applied to the

13 judge for eligibility to retire under the first sentence

14 of subsection (b)(2) of that section shall be 13 years

15 instead of 15 years.

16 (2) The age and service requirements in this para17 graph are as follows:

The judge has attained age: And the years of service as a

judge are at least

65 ...................................................................................... 13

66 ...................................................................................... 13

67 ...................................................................................... 13

68 ...................................................................................... 12

69 ...................................................................................... 11

70 ...................................................................................... 10
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1 SEC. 403. TEMPORARY AUTHORITY FOR VOLUNTARY SEPA2 RATION INCENTIVES FOR CERTAIN JUDGES

3 ON UNITED STATES COURT OF APPEALS FOR

4 VETERANS CLAIMS.

5 (a) TEMPORARY AUTHORITY.—A voluntary separa6 tion incentive payment may be paid in accordance with

7 this section to any judge of the Court described in sub8 section (c).

9 (b) AMOUNT OF INCENTIVE PAYMENT.—The amount

10 of a voluntary separation incentive payment paid to a

11 judge under this section shall be $25,000.

12 (c) COVERED JUDGES.—A voluntary separation in13 centive payment may be paid under this section to any

14 judge of the Court who—

15 (1) meets the age and service requirements for

16 retirement set forth in section 7296(b)(1) of title 38,

17 United States Code, as of the date on which the

18 judge retires from the Court;

19 (2) submits a notice of an intent to retire in ac20 cordance with subsection (d); and

21 (3) retires from the Court under that section

22 not later than 30 days after the date on which the

23 judge meets such age and service requirements.

24 (d) NOTICE OF INTENT TO RETIRE.—(1) A judge of

25 the Court seeking payment of a voluntary separation in26 centive payment under this section shall submit to the
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1 President and Congress a timely notice of an intent to re2 tire from the Court, together with a request for payment

3 of the voluntary separation incentive payment.

4 (2) A notice shall be timely submitted under para5 graph (1) only if submitted—

6 (A) not later than one year before the date of

7 retirement of the judge concerned from the Court; or

8 (B) in the case of a judge whose retirement

9 from the Court will occur less than one year after

10 the date of the enactment of this Act, not later than

11 30 days after the date of the enactment of this Act.

12 (e) DATE OF PAYMENT.—A voluntary separation in13 centive payment may be paid to a judge of the Court

14 under this section only upon the retirement of the judge

15 from the Court.

16 (f) TREATMENT OF PAYMENT.—A voluntary separa17 tion incentive payment paid to a judge under this section

18 shall not be treated as pay for purposes of contributions

19 for or on behalf of the judge to retired pay or a retirement

20 or other annuity under subchapter V of chapter 72 of title

21 38, United States Code.

22 (g) ELIGIBILITY FOR TEMPORARY SERVICE ON

23 COURT.—A judge seeking payment of a voluntary separa24 tion incentive payment under this section may serve on
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1 the Court under section 401 if eligible for such service

2 under that section.

3 (h) SOURCE OF PAYMENTS.—Amounts for voluntary

4 separation incentive payments under this section shall be

5 derived from amounts available for payment of salaries

6 and benefits of judges of the Court.

7 (i) EXPIRATION OF AUTHORITY.—A voluntary sepa8 ration incentive payment may not be paid under this sec9 tion to a judge who retires from the Court after December

10 31, 2002.

11 SEC. 404. DEFINITION.

12 In this title, the term ‘‘Court’’ means the United

13 States Court of Appeals for Veterans Claims.

Passed the Senate September 8, 1999.

Attest: GARY SISCO,

Secretary.