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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                S. 1076

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Act of 1999''.
    (b) Table of Contents.--The table of contents for 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.
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.

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

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

                         TITLE I--MEDICAL CARE

                       Subtitle A--Long-Term Care

SEC. 101. CONTINUUM OF CARE FOR VETERANS.

    (a) Inclusion of Noninstitutional Extended Care Services in 
Definition of Medical Services.--Section 1701 is amended--
            (1) in paragraph (6)(A)(i), by inserting ``noninstitutional 
        extended care services,'' after ``preventive health 
        services,''; and
            (2) by adding at the end the following new paragraphs:
            ``(10) The term `noninstitutional extended care services' 
        includes--
                    ``(A) home-based primary care;
                    ``(B) adult day health care;
                    ``(C) respite care;
                    ``(D) palliative and end-of-life care; and
                    ``(E) home health aide visits.
            ``(11) The term `respite care' means hospital care, nursing 
        home care, or residence-based care which--
                    ``(A) is of limited duration;
                    ``(B) is furnished in a Department facility or in 
                the residence of an individual on an intermittent basis 
                to an individual who is suffering from a chronic 
                illness and who resides primarily at that residence; 
                and
                    ``(C) is furnished for the purpose of helping the 
                individual to continue residing primarily at that 
                residence.''.
    (b) Conforming Amendments to Title 38.--(1)(A) Section 1720 is 
amended by striking subsection (f).
    (B) The section heading of such section is amended by striking ``; 
adult day health care''.
    (2) Section 1720B is repealed.
    (3) Chapter 17 is further amended by redesignating sections 1720C, 
1720D, and 1720E as sections 1720B, 1720C, and 1720D, respectively.
    (c) Clerical Amendments.--The table of sections for chapter 17 is 
amended--
            (1) in the item relating to section 1720, by striking ``; 
        adult day health care''; and
            (2) by striking the items relating to sections 1720B, 
        1720C, 1720D, and 1720E and inserting the following:

``1720B. Noninstitutional alternatives to nursing home care.
``1720C. Counseling and treatment for sexual trauma.
``1720D. Nasopharyngeal radium irradiation.''.
    (d) Additional Conforming Amendment.--Section 101(g)(2) of the 
Veterans Health Programs Extension Act of 1994 (Public Law 103-452; 108 
Stat. 4785; 38 U.S.C. 1720D note) is amended by striking ``section 
1720D'' both places it appears and inserting ``section 1720C''.

SEC. 102. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF VETERANS.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
three pilot programs for the purpose of determining the feasibility and 
practicability of a variety of methods of meeting the long-term care 
needs of eligible veterans. The pilot programs shall be carried out in 
accordance with the provisions of this section.
    (b) Locations of Pilot Programs.--(1) Each pilot program under this 
section shall be carried out in two designated health care regions of 
the Department of Veterans Affairs selected by the Secretary for 
purposes of this section.
    (2) In selecting designated health care regions of the Department 
for purposes of a particular pilot program, the Secretary shall, to the 
maximum extent practicable, select designated health care regions 
containing a medical center or medical centers whose current 
circumstances and activities most closely mirror the circumstances and 
activities proposed to be achieved under such pilot program.
    (3) The Secretary may not carry out more than one pilot program in 
any given designated health care region of the Department.
    (c) Scope of Services Under Pilot Programs.--(1) The services 
provided under the pilot programs under this section shall include a 
comprehensive array of health care services and other services that 
meet the long-term care needs of veterans, including--
            (A) inpatient long-term care in intermediate care beds, in 
        nursing homes, and in domiciliary care facilities; and
            (B) non-institutional long-term care, including hospital-
        based primary care, adult day health care, respite care, and 
        other community-based interventions and care.
    (2) As part of the provision of services under the pilot programs, 
the Secretary shall also provide appropriate case management services.
    (3) In providing services under the pilot programs, the Secretary 
shall emphasize the provision of preventive care services, including 
screening and education.
    (4) The Secretary may provide health care services or other 
services under the pilot programs only if the Secretary is otherwise 
authorized to provide such services by law.
    (d) Direct Provision of Services.--Under one of the pilot programs 
under this section, the Secretary shall provide long-term care services 
to eligible veterans directly through facilities and personnel of the 
Department of Veterans Affairs.
    (e) Provision of Services Through Cooperative Arrangements.--(1) 
Under one of the pilot programs under this section, the Secretary shall 
provide long-term care services to eligible veterans through a 
combination (as determined by the Secretary) of--
            (A) services provided under cooperative arrangements with 
        appropriate public and private non-Governmental entities, 
        including community service organizations; and
            (B) services provided through facilities and personnel of 
        the Department.
    (2) The consideration provided by the Secretary for services 
provided by entities under cooperative arrangements under paragraph 
(1)(A) shall be limited to the provision by the Secretary of 
appropriate in-kind services to such entities.
    (f) Provision of Services by Non-Department Entities.--(1) Under 
one of the pilot programs under this section, the Secretary shall 
provide long-term care services to eligible veterans through 
arrangements with appropriate non-Department entities under which 
arrangements the Secretary acts solely as the case manager for the 
provision of such services.
    (2) Payment for services provided to veterans under the pilot 
programs under this subsection shall be made by the Department to the 
extent that payment for such services is not otherwise provided by 
another government or non-government entity.
    (g) Data Collection.--As part of the pilot programs under this 
section, the Secretary shall collect data regarding--
            (1) the cost-effectiveness of such programs and of other 
        activities of the Department for purposes of meeting the long-
        term care needs of eligible veterans, including any cost 
        advantages under such programs and activities when compared 
        with the Medicare program, Medicaid program, or other Federal 
        program serving similar populations;
            (2) the quality of the services provided under such 
        programs and activities;
            (3) the satisfaction of participating veterans, non-
        Department, and non-Government entities with such programs and 
        activities; and
            (4) the effect of such programs and activities on the 
        ability of veterans to carry out basic activities of daily 
        living over the course of such veterans' participation in such 
        programs and activities.
    (h) Report.--(1) Not later than six months after the completion of 
the pilot programs under subsection (i), the Secretary shall submit to 
Congress a report on the health services and other services furnished 
by the Department to meet the long-term care needs of eligible 
veterans.
    (2) The report under paragraph (1) shall--
            (A) describe the comprehensive array of health services and 
        other services furnished by the Department under law to meet 
        the long-term care needs of eligible veterans, including--
                    (i) inpatient long-term care in intermediate care 
                beds, in nursing homes, and in domiciliary care 
                facilities; and
                    (ii) non-institutional long-term care, including 
                hospital-based primary care, adult day health care, 
                respite care, and other community-based interventions 
                and care;
            (B) describe the case management services furnished as part 
        of the services described in subparagraph (A) and assess the 
        role of such case management services in ensuring that eligible 
        veterans receive services to meet their long-term care needs; 
        and
            (C) in describing services under subparagraphs (A) and (B), 
        emphasize the role of preventive services in the furnishing of 
        such services.
    (i) Duration of Programs.--(1) The Secretary shall commence 
carrying out the pilot programs required by this section not later than 
90 days after the date of the enactment of this Act.
    (2) The authority of the Secretary to provide services under the 
pilot programs shall cease on the date that is three years after the 
date of the commencement of the pilot programs under paragraph (1).
    (j) Definitions.--In this section:
            (1) Eligible veteran.--The term ``eligible veteran'' means 
        the following:
                    (A) Any veteran eligible to receive hospital care 
                and medical services under section 1710(a)(1) of title 
                38, United States Code.
                    (B) Any veteran (other than a veteran described in 
                subparagraph (A)) if the veteran is enrolled in the 
                system of annual patient enrollment under section 1705 
                of title 38, United States Code.
            (2) Long-term care needs.--The term ``long-term care 
        needs'' means the need by an individual for any of the 
        following services:
                    (A) Hospital care.
                    (B) Medical services.
                    (C) Nursing home care.
                    (D) Case management and other social services.
                    (E) Home and community based services.

SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING SERVICES.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
a pilot program for the purpose of determining the feasibility and 
practicability of providing assisted living services to eligible 
veterans. The pilot program shall be carried out in accordance with 
this section.
    (b) Location.--The pilot program under this section shall be 
carried out at a designated health care region of the Department of 
Veterans Affairs selected by the Secretary for purposes of this 
section.
    (c) Scope of Services.--(1) Subject to paragraph (2), the Secretary 
shall provide assisted living services under the pilot program to 
eligible veterans.
    (2) Assisted living services may not be provided under the pilot 
program to a veteran eligible for care under section 1710(a)(3) of 
title 38, United States Code, unless such veteran agrees to pay the 
United States an amount equal to the amount determined in accordance 
with the provisions of section 1710(f) of such title.
    (3) Assisted living services may also be provided under the pilot 
program to the spouse of an eligible veteran if--
            (A) such services are provided coincidentally with the 
        provision of identical services to the veteran under the pilot 
        program; and
            (B) such spouse agrees to pay the United States an amount 
        equal to the cost, as determined by the Secretary, of the 
        provision of such services.
    (d) Reports.--(1) The Secretary shall annually submit to Committees 
on Veterans' Affairs of the Senate and the House of Representatives a 
report on the pilot program under this section. The report shall 
include a detailed description of the activities under the pilot 
program during the one-year period ending on the date of the report and 
such other matters as the Secretary considers appropriate.
    (2)(A) In addition to the reports required by paragraph (1), not 
later than 90 days before concluding the pilot program under this 
section, the Secretary shall submit to the committees referred to in 
that paragraph a final report on the pilot program.
    (B) The report on the pilot program under this paragraph shall 
include the following:
            (i) An assessment of the feasibility and practicability of 
        providing assisted living services for veterans and their 
        spouses.
            (ii) A financial assessment of the pilot program, including 
        a management analysis, cost-benefit analysis, Department cash-
        flow analysis, and strategic outlook assessment.
            (iii) Recommendations, if any, regarding an extension of 
        the pilot program, including recommendations regarding the 
        desirability of authorizing or requiring the Secretary to seek 
        reimbursement for the costs of the Secretary in providing 
        assisted living services in order to reduce demand for higher-
        cost nursing home care under the pilot program.
            (iv) Any other information or recommendations that the 
        Secretary considers appropriate regarding the pilot program.
    (e) Duration.--(1) The Secretary shall commence carrying out the 
pilot program required by this section not later than 90 days after the 
date of the enactment of this Act.
    (2) The authority of the Secretary to provide services under the 
pilot program shall cease on the date that is three years after the 
date of the commencement of the pilot program under paragraph (1).
    (f) Definitions.--In this section:
            (1) Eligible veteran.--The term ``eligible veteran'' means 
        the following:
                    (A) Any veteran eligible to receive hospital care 
                and medical services under section 1710(a)(1) of title 
                38, United States Code.
                    (B) Any veteran (other than a veteran described in 
                subparagraph (A)) if the veteran is enrolled in the 
                system of annual patient enrollment under section 1705 
                of title 38, United States Code.
            (2) Assisted living services.--The term ``assisted living 
        services'' means services which provide personal care, 
        activities, health-related care, supervision, and other 
        assistance on a 24-hour basis within a residential or similar 
        setting which--
                    (A) maximizes flexibility in the provision of such 
                care, activities, supervision, and assistance;
                    (B) maximizes the autonomy, privacy, and 
                independence of an individual; and
                    (C) encourages family and community involvement 
                with the individual.

       Subtitle B--Management of Medical Facilities and Property

SEC. 111. ENHANCED-USE LEASE AUTHORITY.

    (a) Maximum Term of Leases.--Section 8162(b)(2) is amended by 
striking ``may not exceed--'' and all that follows through the end and 
inserting ``may not exceed 55 years.''.
    (b) Availability of Funds for Certain Activities Relating to 
Leases.--Section 8162(b)(4) is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) in subparagraph (A), as so designated--
                    (A) in the first sentence, by striking ``only''; 
                and
                    (B) by striking the second sentence; and
            (3) by adding at the end the following new subparagraph:
    ``(B) Any payment by the Secretary in contribution to capital 
activities on property that has been leased under this subchapter may 
be made from amounts appropriated to the Department for construction, 
minor projects.''.
    (c) Extension of Authority.--Section 8169 is amended by striking 
``December 31, 2001'' and inserting ``December 31, 2011''.
    (d) Training and Outreach Regarding Authority.--The Secretary of 
Veterans Affairs shall take appropriate actions to provide training and 
outreach to personnel at Department of Veterans Affairs medical centers 
regarding the enhanced-use lease authority under subchapter V of 
chapter 81 of title 38, United States Code. The training and outreach 
shall address methods of approaching potential lessees in the medical 
or commercial sectors regarding the possibility of entering into leases 
under that authority and other appropriate matters.
    (e) Independent Analysis of Opportunities for Use of Authority.--
(1) The Secretary shall take appropriate actions to secure from an 
appropriate entity independent of the Department of Veterans Affairs an 
analysis of opportunities for the use of the enhanced-use lease 
authority under subchapter V of chapter 81 of title 38, United States 
Code.
    (2) The analysis under paragraph (1) shall include--
            (A) a survey of the facilities of the Department for 
        purposes of identifying Department property that presents an 
        opportunity for lease under the enhanced-use lease authority;
            (B) an assessment of the feasibility of entering into 
        enhanced-use leases under that authority in the case of any 
        property identified under subparagraph (A) as presenting an 
        opportunity for such lease; and
            (C) an assessment of the resources required at the 
        Department facilities concerned, and at the Department Central 
        Office, in order to facilitate the entering into of enhanced-
        used leases in the case of property so identified.
    (3) If as a result of the survey under paragraph (2)(A) the entity 
determines that a particular Department property presents no 
opportunities for lease under the enhanced-use lease authority, the 
analysis shall include the entity's explanation of that determination.
    (4) If as a result of the survey the entity determines that certain 
Department property presents an opportunity for lease under the 
enhanced-use lease authority, the analysis shall include a single 
integrated business plan, developed by the entity, that addresses the 
strategy and resources necessary to implement the plan for all property 
determined to present an opportunity for such lease.
    (f) Authority for Enhanced-Use Lease of Property Under Business 
Plan.--(1) The Secretary may enter into an enhanced-use lease of any 
property identified as presenting an opportunity for such lease under 
the analysis under subsection (e) if such lease is consistent with the 
business plan under paragraph (4) of that subsection.
    (2) The provisions of subchapter V of chapter 81 of title 38, 
United States Code, shall apply with respect to any lease under 
paragraph (1).

SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING AT 
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN RENO, 
              NEVADA, AFTER JACK STREETER.

    The hospital bed replacement building under construction at the 
Ioannis A. Lougaris Department of Veterans Affairs Medical Center in 
Reno, Nevada, is hereby designated as the ``Jack Streeter Building''. 
Any reference to that building in any law, regulation, map, document, 
record, or other paper of the United States shall be considered to be a 
reference to the Jack Streeter Building.

                     Subtitle C--Homeless Veterans

SEC. 121. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR HOMELESS 
              VETERANS.

    Section 3735(c) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2001''.

SEC. 122. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.

    (a) Purposes of Grants.--Paragraph (1) of section 3(a) of the 
Homeless Veterans Comprehensive Service Programs Act of 1992 (38 U.S.C. 
7721 note) is amended by inserting ``, and expanding existing programs 
for furnishing,'' after ``new programs to furnish''.
    (b) Extension of Authority to Make Grants.--Paragraph (2) of that 
section is amended by striking ``September 30, 1999'' and inserting 
``September 30, 2001''.
    (c) Authorization of Appropriations.--Section 12 of that Act (38 
U.S.C. 7721 note) is amended in the first sentence by inserting ``and 
$50,000,000 for each of fiscal years 2000 and 2001'' after ``for fiscal 
years 1993 through 1997''.

SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS VETERANS' 
              REINTEGRATION PROJECTS.

    Section 738(e)(1) of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11448(e)(1) is amended by adding at the end the 
following:
            ``(H) $10,000,000 for fiscal year 2000.
            ``(I) $10,000,000 for fiscal year 2001.''.

SEC. 124. REPORT ON IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE 
              RECOMMENDATIONS REGARDING PERFORMANCE MEASURES.

    (a) Report.--Not later than three months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report containing a detailed plan for the evaluation 
by the Department of Veterans Affairs of the effectiveness of programs 
to assist homeless veterans.
    (b) Outcome Measures.--The plan shall include outcome measures 
which determine whether veterans are housed and employed within six 
months after housing and employment are secured for veterans under such 
programs.

                Subtitle D--Other Health Care Provisions

SEC. 131. EMERGENCY HEALTH CARE IN NON-DEPARTMENT OF VETERANS AFFAIRS 
              FACILITIES FOR ENROLLED VETERANS.

    (a) Definitions.--Section 1701 is amended--
            (1) in paragraph (6)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
            ``(C) emergency care, or reimbursement for such care, as 
        described in sections 1703(a)(3) and 1728(a)(2)(E) of this 
        title.''; and
            (2) by adding at the end the following new paragraph:
            ``(10) The term `emergency medical condition' means a 
        medical condition manifesting itself by acute symptoms of 
        sufficient severity (including severe pain) such that a prudent 
        layperson, who possesses an average knowledge of health and 
        medicine, could reasonably expect the absence of immediate 
        medical attention to result in--
                    ``(A) placing the health of the individual (or, 
                with respect to a pregnant woman, the health of the 
                woman or her unborn child) in serious jeopardy;
                    ``(B) serious impairment to bodily functions; or
                    ``(C) serious dysfunction of any bodily organ or 
                part.''.
    (b) Contract Care.--Section 1703(a)(3) is amended by striking 
``medical emergencies'' and all that follows through ``health of a 
veteran'' and inserting ``an emergency medical condition of a veteran 
who is enrolled under section 1705 of this title or who is''.
    (c) Reimbursement of Expenses for Emergency Care.--Section 
1728(a)(2) is amended--
            (1) by striking ``or'' before ``(D)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (E) for any emergency medical condition of a 
        veteran enrolled under section 1705 of this title''.
    (d) Payment Priority.--Section 1705 is amended by adding at the end 
the following new subsection:
    ``(d) The Secretary shall require in a contract under section 
1703(a)(3) of this title, and as a condition of payment under section 
1728(a)(2) of this title, that payment by the Secretary for treatment 
under such contract, or under such section, of a veteran enrolled under 
this section shall be made only after any payment that may be made with 
respect to such treatment under part A or part B of the Medicare 
program and after any payment that may be made with respect to such 
treatment by a third-party insurance provider.''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to care or services provided on or after the date of 
the enactment of this Act.

SEC. 132. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH SERVICES FOR 
              VETERANS.

    (a) In General.--(1) Subchapter II of chapter 17 is amended by 
inserting after section 1712B the following new section:
``Sec. 1712C. Specialized mental health services
    ``(a) The Secretary shall carry out programs for purposes of 
enhancing the provision of specialized mental health services to 
veterans.
    ``(b) The programs carried out by the Secretary under subsection 
(a) shall include the following:
            ``(1) Programs relating to the treatment of Post Traumatic 
        Stress Disorder (PTSD), including programs for--
                    ``(A) the establishment and operation of additional 
                outpatient and residential treatment facilities for 
                Post Traumatic Stress Disorder in areas that are 
                underserved by existing programs relating to Post 
                Traumatic Stress Disorder, as determined by qualified 
                mental health personnel of the Department who oversee 
                such programs;
                    ``(B) the provision of services in response to the 
                specific needs of veterans with Post Traumatic Stress 
                Disorder and related disorders, including short-term or 
                long-term care services that combine residential 
                treatment of Post Traumatic Stress Disorder;
                    ``(C) the provision of Post Traumatic Stress 
                Disorder or dedicated case management services on an 
                outpatient basis; and
                    ``(D) the enhancement of staffing of existing 
                programs relating to Post Traumatic Stress Disorder 
                which have exceeded the projected workloads for such 
                programs.
            ``(2) Programs relating to substance use disorders, 
        including programs for--
                    ``(A) the establishment and operation of additional 
                Department-based or community-based residential 
                treatment facilities;
                    ``(B) the expansion of the provision of opioid 
                treatment services, including the establishment and 
                operation of additional programs for the provision of 
                opioid treatment services; and
                    ``(C) the reestablishment or enhancement of 
                substance use disorder services at facilities at which 
                such services have been eliminated or curtailed, with 
                an emphasis on the reestablishment or enhancement of 
                services at facilities where demand for such services 
                is high or which serve large geographic areas.
    ``(c)(1) The Secretary shall provide for the allocation of funds 
for the programs carried out under this section in a centralized 
manner.
    ``(2) The allocation of funds for such programs shall--
            ``(A) be based upon an assessment of the need for funds 
        conducted by qualified mental health personnel of the 
        Department who oversee such programs; and
            ``(B) emphasize, to the maximum extent practicable, the 
        availability of funds for the programs described in paragraphs 
        (1) and (2) of subsection (b).''.
    (2) The table of sections at the beginning of chapter 17 is amended 
by inserting after the item relating to section 1712B the following new 
item:

``1712C. Specialized mental health services.''.
    (b) Report.--(1) Not later than March 1 of each of 2000, 2001, and 
2002, the Secretary of Veterans Affairs shall submit to Congress a 
report on the programs carried out by the Secretary under section 1712C 
of title 38, United States Code (as added by subsection (a)).
    (2) The report shall, for the period beginning on the date of the 
enactment of this Act and ending on the date of the report--
            (A) describe the programs carried out under such section 
        1712C;
            (B) set forth the number of veterans provided services 
        under such programs; and
            (C) set forth the amounts expended for purposes of carrying 
        out such programs.

SEC. 133. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY.

    Section 1720A(c) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``may not be transferred'' and 
                inserting ``may be transferred''; and
                    (B) by striking ``unless such transfer is during 
                the last thirty days of such member's enlistment or 
                tour of duty''; and
            (2) in the first sentence of paragraph (2), by striking 
        ``during the last thirty days of such person's enlistment 
        period or tour of duty''.

SEC. 134. ALLOCATION TO DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
              FACILITIES OF AMOUNTS IN MEDICAL CARE COLLECTIONS FUND.

    Section 1729A(d) is amended--
            (1) by striking ``(1)'';
            (2) by striking ``each designated health care region'' and 
        inserting ``each Department health care facility'';
            (3) by striking ``each region'' and inserting ``each 
        facility'';
            (4) by striking ``such region'' both places it appears and 
        inserting ``such facility''; and
            (4) by striking paragraph (2).

SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF WAR AUTHORITIES.

    (a) Three-Year Extension of Newsletter on Medical Care.--Section 
105(b)(2) of the Persian Gulf War Veterans' Benefits Act (title I of 
Public Law 103-446; 108 Stat. 4659; 38 U.S.C. 1117 note) is amended by 
striking ``December 31, 1999'' and inserting ``December 31, 2002''.
    (b) Three-Year Extension of Program for Evaluation of Health of 
Spouses and Children.--Section 107(b) of Persian Gulf War Veterans' 
Benefits Act (title I of Public Law 103-446; 38 U.S.C. 1117 note) is 
amended by striking ``December 31, 1999'' and inserting ``December 31, 
2002''.

SEC. 136. REPORT ON COORDINATION OF PROCUREMENT OF PHARMACEUTICALS AND 
              MEDICAL SUPPLIES BY THE DEPARTMENT OF VETERANS AFFAIRS 
              AND THE DEPARTMENT OF DEFENSE.

    (a) Requirement.--Not later than March 31, 2000, the Secretary of 
Veterans Affairs and the Secretary of Defense shall jointly submit to 
the Committees on Veterans' Affairs and Armed Services of the Senate 
and the Committees on Veterans' Affairs and Armed Services of the House 
of Representatives a report on the cooperation between the Department 
of Veterans Affairs and the Department of Defense in the procurement of 
pharmaceuticals and medical supplies.
    (b) Report Elements.--The report under subsection (a) shall include 
the following:
            (1) A description of the current cooperation between the 
        Department of Veterans Affairs and the Department of Defense in 
        the procurement of pharmaceuticals and medical supplies.
            (2) An assessment of the means by which cooperation between 
        the departments in such procurement could be enhanced or 
        improved.
            (3) A description of any existing memoranda of agreement 
        between the Department of Veterans Affairs and the Department 
        of Defense that provide for the cooperation referred to in 
        subsection (a).
            (4) A description of the effects, if any, such agreements 
        will have on current staffing levels at the Defense Supply 
        Center in Philadelphia, Pennsylvania, and the Department of 
        Veterans Affairs National Acquisition Center in Hines, 
        Illinois.
            (5) A description of the effects, if any, of such 
        cooperation on military readiness.
            (6) A comprehensive assessment of cost savings realized and 
        projected over the five fiscal year period beginning in fiscal 
        year 1999 for the Department of Veterans Affairs and the 
        Department of Defense as a result of such cooperation, and the 
        overall savings to the Treasury of the United States as a 
        result of such cooperation.
            (7) A list of the types of medical supplies and 
        pharmaceuticals for which cooperative agreements would not be 
        appropriate and the reason or reasons therefor.
            (8) An assessment of the extent to which cooperative 
        agreements could be expanded to include medical equipment, 
        major systems, and durable goods used in the delivery of health 
        care by the Department of Veterans Affairs and the Department 
        of Defense.
            (9) A description of the effects such agreements might have 
        on distribution of items purchased cooperatively by the 
        Department of Veterans Affairs and the Department of Defense, 
        particularly outside the continental United States.
            (10) An assessment of the potential to establish common 
        pharmaceutical formularies between the Department of Veterans 
        Affairs and the Department of Defense.
            (11) An explanation of the current Uniform Product Number 
        (UPN) requirements of each Department and of any planned 
        standardization of such requirements between the Departments 
        for medical equipment and durable goods manufacturers.

SEC. 137. REIMBURSEMENT OF MEDICAL EXPENSES OF VETERANS LOCATED IN 
              ALASKA.

    (a) Preservation of Current Reimbursement Rates.--Notwithstanding 
any other provision of law, the Secretary of Veterans Affairs shall, 
for purposes of reimbursing veterans in Alaska for medical expenses 
under section 1728 of title 38, United States Code, during the one-year 
period beginning on the date of the enactment of this Act, use the fee-
for-service payment schedule in effect for such purposes on July 31, 
1999, rather than the Participating Physician Fee Schedule under the 
Medicare program.
    (b) Report.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Health and Human Services shall jointly submit to the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report and recommendation on the use of the 
Participating Physician Fee Schedule under the Medicare program as a 
means of calculating reimbursement rates for medical expenses of 
veterans located in Alaska under section 1728 of title 38, United 
States Code.
    (2) The report shall--
            (A) assess the differences between health care costs in 
        Alaska and health care costs in the continental United States;
            (B) describe any differences between the costs of providing 
        health care in Alaska and the reimbursement rates for the 
        provision of health care under the Participating Physician Fee 
        Schedule; and
            (C) assess the effects on health care for veterans in 
        Alaska of implementing the Participating Physician Fee Schedule 
        as a means of calculating reimbursement rates for medical 
        expenses of veterans located in Alaska under section 1728 of 
        title 38, United States Code.

SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON TERMS OF UNDER SECRETARY 
              FOR HEALTH AND UNDER SECRETARY FOR BENEFITS.

    (a) Under Secretary for Health.--Section 305 is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (b) Under Secretary for Benefits.--Section 306 is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (c) Applicability.--The amendments made by subsections (a) and (b) 
shall take effect on the date of the enactment of this Act and shall 
apply with respect to individuals appointed as Under Secretary for 
Health and Under Secretary for Benefits, respectively, on or after that 
date.

 Subtitle E--Major Medical Facility Projects Construction Authorization

SEC. 141. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

    (a) In General.--The Secretary of Veterans Affairs may carry out 
the following major medical facility projects, with each project to be 
carried out in the amount specified for that project:
            (1) Construction of a long term care facility at the 
        Department of Veterans Affairs Medical Center, Lebanon, 
        Pennsylvania, in an amount not to exceed $14,500,000.
            (2) Renovations and environmental improvements at the 
        Department of Veterans Affairs Medical Center, Fargo, North 
        Dakota, in an amount not to exceed $12,000,000.
            (3) Construction of a surgical suite and post-anesthesia 
        care unit at the Department of Veterans Affairs Medical Center, 
        Kansas City, Missouri, in an amount not to exceed $13,000,000.
            (4) Renovations and environmental improvements at the 
        Department of Veterans Affairs Medical Center, Atlanta, 
        Georgia, in an amount not to exceed $12,400,000.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Veterans Affairs for fiscal year 2000 for the 
        Construction, Major Projects, Account $225,500,000 for the 
        projects authorized in subsection (a) and for the continuation 
        of projects authorized in section 701(a) of the Veterans 
        Programs Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 
        3348).
            (2) Limitation on fiscal year 2000 projects.--The projects 
        authorized in subsection (a) may only be carried out using--
                    (A) funds appropriated for fiscal year 2000 
                pursuant to the authorizations of appropriations in 
                subsection (a);
                    (B) funds appropriated for Construction, Major 
                Projects, for a fiscal year before fiscal year 2000 
                that remain available for obligation; and
                    (C) funds appropriated for Construction, Major 
                Projects, for fiscal year 2000 for a category of 
                activity not specific to a project.
    (c) Availability of Funds for Fiscal Year 1999 Projects.--Section 
703(b)(1) of the Veterans Programs Enhancement Act of 1998 (112 Stat. 
3349) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):
            ``(B) funds appropriated for fiscal year 2000 pursuant to 
        the authorization of appropriations in section 341(b)(1) of the 
        Veterans Benefits Act of 1999;''.

                       TITLE II--BENEFITS MATTERS

SEC. 201. PAYMENT RATE OF CERTAIN BURIAL BENEFITS FOR CERTAIN FILIPINO 
              VETERANS.

    (a) Payment Rate.--Section 107 is amended--
            (1) in subsection (a), by striking ``Payments'' and 
        inserting ``Subject to subsection (c), payments''; and
            (2) by adding at the end the following:
    ``(c)(1) In the case of an individual described in paragraph (2), 
payments under section 2302 or 2303 of this title by reason of 
subsection (a)(3) shall be made at the rate of $1 for each dollar 
authorized.
    ``(2) Paragraph (1) applies to any individual whose service is 
described in subsection (a) and who dies after the date of the 
enactment of the Veterans Benefits Act of 1999 if the individual, on 
the individual's date of death--
            ``(A) is a citizen of the United States;
            ``(B) is residing in the United States; and
            ``(C) either--
                    ``(i) is receiving compensation under chapter 11 of 
                this title; or
                    ``(ii) if such service had been deemed to be active 
                military, naval, or air service, would have been paid 
                pension under section 1521 of this title without denial 
                or discontinuance by reason of section 1522 of this 
                title.''.
    (b) Applicability.--No benefits shall accrue to any person for any 
period before the date of the enactment of this Act by reason of the 
amendments made by subsection (a).

SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL OFFICE IN THE 
              REPUBLIC OF THE PHILIPPINES.

    Section 315(b) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2004''.

SEC. 203. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS.

    Section 544(e) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2004''.

SEC. 204. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES 
              OF FORMER PRISONERS OF WAR.

    (a) Eligibility.--Section 1318(b) is amended--
            (1) by striking ``that either--'' in the matter preceding 
        paragraph (1) and inserting ``rated totally disabling if--''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(3) the veteran was a former prisoner of war who died 
        after September 30, 1999, and whose disability was continuously 
        rated totally disabling for a period of one year immediately 
        preceding death.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in paragraph (1)--
                    (A) by inserting ``the disability'' after ``(1)''; 
                and
                    (B) by striking ``or'' after ``death;''; and
            (2) in paragraph (2)--
                    (A) by striking ``if so rated for a lesser period, 
                was so rated continuously'' and inserting ``the 
                disability was continuously rated totally disabling''; 
                and
                    (B) by striking the period at the end and inserting 
                ``; or''.

SEC. 205. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT 
              INSTITUTIONALIZED VETERANS.

    Section 5503 is amended--
            (1) by striking subsections (b) and (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (b), (c), and (d), respectively.

SEC. 206. CLARIFICATION OF VETERANS EMPLOYMENT OPPORTUNITIES.

    (a) Clarification.--Section 3304(f) of title 5, United States Code, 
is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall acquire competitive status and shall receive a 
career or career-conditional appointment, as appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the amendment made to section 3304 of 
title 5, United States Code, by section 2 of the Veterans Employment 
Opportunities Act of 1998 (Public Law 105-339; 112 Stat. 3182), to 
which such amendments relate.

                      TITLE III--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Arlington National Cemetery 
Burial and Inurnment Eligibility Act of 1999''.

SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.

    (a) In General.--(1) Chapter 24 is amended by adding at the end the 
following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
    ``(a) Primary Eligibility.--The remains of the following 
individuals may be buried in Arlington National Cemetery:
            ``(1) Any member of the Armed Forces who dies while on 
        active duty.
            ``(2) Any retired member of the Armed Forces and any person 
        who served on active duty and at the time of death was entitled 
        (or but for age would have been entitled) to retired pay under 
        chapter 1223 of title 10.
            ``(3) Any former member of the Armed Forces separated for 
        physical disability before October 1, 1949, who--
                    ``(A) served on active duty; and
                    ``(B) would have been eligible for retirement under 
                the provisions of section 1201 of title 10 (relating to 
                retirement for disability) had that section been in 
                effect on the date of separation of the member.
            ``(4) Any former member of the Armed Forces whose last 
        active duty military service terminated honorably and who has 
        been awarded one of the following decorations:
                    ``(A) Medal of Honor.
                    ``(B) Distinguished Service Cross, Air Force Cross, 
                or Navy Cross.
                    ``(C) Distinguished Service Medal.
                    ``(D) Silver Star.
                    ``(E) Purple Heart.
            ``(5) Any former prisoner of war who dies on or after 
        November 30, 1993.
            ``(6) The President or any former President.
            ``(7) Any former member of the Armed Forces whose last 
        discharge or separation from active duty was under honorable 
        conditions and who is or was one of the following:
                    ``(A) Vice President.
                    ``(B) Member of Congress.
                    ``(C) Chief Justice or Associate Justice of the 
                Supreme Court.
                    ``(D) The head of an Executive department (as such 
                departments are listed in section 101 of title 5).
                    ``(E) An individual who served in the foreign or 
                national security services, if such individual died as 
                a result of a hostile action outside the United States 
                in the course of such service.
            ``(8) Any individual whose eligibility is authorized in 
        accordance with subsection (b).
    ``(b) Additional Authorizations of Burial.--(1) In the case of a 
former member of the Armed Forces not otherwise covered by subsection 
(a) whose last discharge or separation from active duty was under 
honorable conditions, if the Secretary of Defense makes a determination 
referred to in paragraph (3) with respect to such member, the Secretary 
of Defense may authorize the burial of the remains of such former 
member in Arlington National Cemetery under subsection (a)(8).
    ``(2) In the case of any individual not otherwise covered by 
subsection (a) or paragraph (1), if the President makes a determination 
referred to in paragraph (3) with respect to such individual, the 
President may authorize the burial of the remains of such individual in 
Arlington National Cemetery under subsection (a)(8).
    ``(3) A determination referred to in paragraph (1) or (2) is a 
determination that the acts, service, or other contributions to the 
Nation of the former member or individual concerned are of equal or 
similar merit to the acts, service, or other contributions to the 
Nation of any of the persons listed in subsection (a).
    ``(4)(A) In the case of an authorization for burial under this 
subsection, the President or the Secretary of Defense, as the case may 
be, shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives a report on the authorization not 
later than 72 hours after the authorization.
    ``(B) Each report under subparagraph (A) shall--
            ``(i) identify the individual authorized for burial; and
            ``(ii) provide a justification for the authorization for 
        burial.
    ``(5)(A) In the case of an authorization for burial under this 
subsection, the President or the Secretary of Defense, as the case may 
be, shall publish in the Federal Register a notice of the authorization 
as soon as practicable after the authorization.
    ``(B) Each notice under subparagraph (A) shall--
            ``(i) identify the individual authorized for burial; and
            ``(ii) provide a justification for the authorization for 
        burial.
    ``(c) Eligibility of Family Members.--The remains of the following 
individuals may be buried in Arlington National Cemetery:
            ``(1)(A) Except as provided in subparagraph (B), the 
        spouse, surviving spouse, minor child, and, at the discretion 
        of the Superintendent, unmarried adult child of a person listed 
        in subsection (a), but only if buried in the same gravesite as 
        that person.
            ``(B) In a case under subparagraph (A) in which the same 
        gravesite may not be used due to insufficient space, a person 
        otherwise eligible under that subparagraph may be interred in a 
        gravesite adjoining the gravesite of the person listed in 
        subsection (a) if space in such adjoining gravesite had been 
        reserved for the burial of such person otherwise eligible under 
        that subparagraph before January 1962.
            ``(2)(A) The spouse, minor child, and, at the discretion of 
        the Superintendent, unmarried adult child of a member of the 
        Armed Forces on active duty if such spouse, minor child, or 
        unmarried adult child dies while such member is on active duty.
            ``(B) The individual whose spouse, minor child, and 
        unmarried adult child is eligible under subparagraph (A), but 
        only if buried in the same gravesite as the spouse, minor 
        child, or unmarried adult child.
            ``(3) The parents of a minor child or unmarried adult child 
        whose remains, based on the eligibility of a parent, are 
        already buried in Arlington National Cemetery, but only if 
        buried in the same gravesite as that minor child or unmarried 
        adult child.
            ``(4)(A) Subject to subparagraph (B), the surviving spouse, 
        minor child, and, at the discretion of the Superintendent, 
        unmarried adult child of a member of the Armed Forces who was 
        lost, buried at sea, or officially determined to be permanently 
        absent in a status of missing or missing in action.
            ``(B) A person is not eligible under subparagraph (A) if a 
        memorial to honor the memory of the member is placed in a 
        cemetery in the national cemetery system, unless the memorial 
        is removed. A memorial removed under this subparagraph may be 
        placed, at the discretion of the Superintendent, in Arlington 
        National Cemetery.
            ``(5) The surviving spouse, minor child, and, at the 
        discretion of the Superintendent, unmarried adult child of a 
        member of the Armed Forces buried in a cemetery under the 
        jurisdiction of the American Battle Monuments Commission.
    ``(d) Spouses.--For purposes of subsection (c)(1), a surviving 
spouse of a person whose remains are buried in Arlington National 
Cemetery by reason of eligibility under subsection (a) who has 
remarried is eligible for burial in the same gravesite of that person. 
The spouse of the surviving spouse is not eligible for burial in such 
gravesite.
    ``(e) Disabled Adult Unmarried Children.--In the case of an 
unmarried adult child who is incapable of self-support up to the time 
of death because of a physical or mental condition, the child may be 
buried under subsection (c) without requirement for approval by the 
Superintendent under that subsection if the burial is in the same 
gravesite as the gravesite in which the parent, who is eligible for 
burial under subsection (a), has been or will be buried.
    ``(f) Family Members of Persons Buried in a Group Gravesite.--In 
the case of a person eligible for burial under subsection (a) who is 
buried in Arlington National Cemetery as part of a group burial, the 
surviving spouse, minor child, or unmarried adult child of the member 
may not be buried in the group gravesite.
    ``(g) Exclusive Authority for Burial in Arlington National 
Cemetery.--Eligibility for burial of remains in Arlington National 
Cemetery prescribed under this section is the exclusive eligibility for 
such burial.
    ``(h) Application for Burial.--A request for burial of remains of 
an individual in Arlington National Cemetery made before the death of 
the individual may not be considered by the Secretary of the Army, the 
Secretary of Defense, or any other responsible official.
    ``(i) Register of Buried Individuals.--(1) The Secretary of the 
Army shall maintain a register of each individual buried in Arlington 
National Cemetery and shall make such register available to the public.
    ``(2) With respect to each such individual buried on or after 
January 1, 1998, the register shall include a brief description of the 
basis of eligibility of the individual for burial in Arlington National 
Cemetery.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `retired member of the Armed Forces' means--
                    ``(A) any member of the Armed Forces on a retired 
                list who served on active duty and who is entitled to 
                retired pay;
                    ``(B) any member of the Fleet Reserve or Fleet 
                Marine Corps Reserve who served on active duty and who 
                is entitled to retainer pay; and
                    ``(C) any member of a reserve component of the 
                Armed Forces who has served on active duty and who has 
                received notice from the Secretary concerned under 
                section 12731(d) of title 10 of eligibility for retired 
                pay under chapter 1223 of title 10.
            ``(2) The term `former member of the Armed Forces' includes 
        a person whose service is considered active duty service 
        pursuant to a determination of the Secretary of Defense under 
        section 401 of Public Law 95-202 (38 U.S.C. 106 note).
            ``(3) The term `Superintendent' means the Superintendent of 
        Arlington National Cemetery.''.
    (2) The table of sections at the beginning of chapter 24 is amended 
by adding at the end the following new item:

``2412. Arlington National Cemetery: persons eligible for burial.''.
    (b) Publication of Updated Pamphlet.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of the Army shall 
publish an updated pamphlet describing eligibility for burial in 
Arlington National Cemetery. The pamphlet shall reflect the provisions 
of section 2412 of title 38, United States Code, as added by subsection 
(a).
    (c) Technical Amendments.--Section 2402(7) is amended--
            (1) by inserting ``(or but for age would have been 
        entitled)'' after ``was entitled'';
            (2) by striking ``chapter 67'' and inserting ``chapter 
        1223''; and
            (3) by striking ``or would have been entitled to'' and all 
        that follows and inserting a period.
    (d) Effective Date.--Section 2412 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to individuals 
dying on or after the date of the enactment of this Act.

SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN 
              ARLINGTON NATIONAL CEMETERY.

    (a) In General.--(1) Chapter 24 is amended by adding after section 
2412, as added by section 302(a)(1) of this Act, the following new 
section:
``Sec. 2413. Arlington National Cemetery: persons eligible for 
              placement in columbarium
    ``(a) Eligibility.--The cremated remains of the following 
individuals may be placed in the columbarium in Arlington National 
Cemetery:
            ``(1) A person eligible for burial in Arlington National 
        Cemetery under section 2412 of this title.
            ``(2)(A) A veteran whose last period of active duty service 
        (other than active duty for training) ended honorably.
            ``(B) The spouse, surviving spouse, minor child, and, at 
        the discretion of the Superintendent of Arlington National 
        Cemetery, unmarried adult child of such a veteran.
    ``(b) Spouse.--Section 2412(d) of this title shall apply to a 
spouse under this section in the same manner as it applies to a spouse 
under section 2412 of this title.''.
    (2) The table of sections at the beginning of chapter 24 is amended 
by adding after section 2412, as added by section 302(a)(2) of this 
Act, the following new item:

``2413. Arlington National Cemetery: persons eligible for placement in 
                            columbarium.''.
    (b) Effective Date.--Section 2413 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to individuals 
dying on or after the date of the enactment of this Act.

                   Subtitle B--World War II Memorial

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``World War II Memorial 
Completion Act''.

SEC. 312. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR 
              WORLD WAR II MEMORIAL.

    (a) Codification of Existing Authority; Expansion of Authority.--
(1) Chapter 21 of title 36, United States Code, is amended by adding at 
the end the following new section:
``Sec. 2113. World War II memorial in the District of Columbia
    ``(a) Definitions.--In this section:
            ``(1) The term `World War II memorial' means the memorial 
        authorized by Public Law 103-32 (107 Stat. 90) to be 
        established by the American Battle Monuments Commission on 
        Federal land in the District of Columbia or its environs to 
        honor members of the Armed Forces who served in World War II 
        and to commemorate the participation of the United States in 
        that war.
            ``(2) The term `Commission' means the American Battle 
        Monuments Commission.
            ``(3) The term `memorial fund' means the fund created by 
        subsection (c).
    ``(b) Solicitation and Acceptance of Contributions.--Consistent 
with the authority of the Commission under section 2103(e) of this 
title, the Commission shall solicit and accept contributions for the 
World War II memorial.
    ``(c) Creation of Memorial Fund.--(1) There is hereby created in 
the Treasury a fund for the World War II memorial, which shall consist 
of the following:
            ``(A) Amounts deposited, and interest and proceeds 
        credited, under paragraph (2).
            ``(B) Obligations obtained under paragraph (3).
            ``(C) The amount of surcharges paid to the Commission for 
        the World War II memorial under the World War II 50th 
        Anniversary Commemorative Coins Act.
            ``(D) Amounts borrowed using the authority provided under 
        subsection (e).
            ``(E) Any funds received by the Commission under section 
        2103(l) of this title in exchange for use of, or the right to 
        use, any mark, copyright or patent.
    ``(2) The Chairman of the Commission shall deposit in the memorial 
fund the amounts accepted as contributions under subsection (b). The 
Secretary of the Treasury shall credit to the memorial fund the 
interest on, and the proceeds from sale or redemption of, obligations 
held in the memorial fund.
    ``(3) The Secretary of the Treasury shall invest any portion of the 
memorial fund that, as determined by the Chairman of the Commission, is 
not required to meet current expenses. Each investment shall be made in 
an interest bearing obligation of the United States or an obligation 
guaranteed as to principal and interest by the United States that, as 
determined by the Chairman of the Commission, has a maturity suitable 
for the memorial fund.
    ``(d) Use of Memorial Fund.--The memorial fund shall be available 
to the Commission for--
            ``(1) the expenses of establishing the World War II 
        memorial, including the maintenance and preservation amount 
        provided for in section 8(b) of the Commemorative Works Act (40 
        U.S.C. 1008(b));
            ``(2) such other expenses, other than routine maintenance, 
        with respect to the World War II memorial as the Commission 
        considers warranted; and
            ``(3) to secure, obtain, register, enforce, protect, and 
        license any mark, copyright or patent that is owned by, 
        assigned to, or licensed to the Commission under section 
        2103(l) of this title to aid or facilitate the construction of 
        the World War II memorial.
    ``(e) Special Borrowing Authority.--(1) To assure that 
groundbreaking, construction, and dedication of the World War II 
memorial are completed on a timely basis, the Commission may borrow 
money from the Treasury of the United States in such amounts as the 
Commission considers necessary, but not to exceed a total of 
$65,000,000. Borrowed amounts shall bear interest at a rate determined 
by the Secretary of the Treasury, taking into consideration the average 
market yield on outstanding marketable obligations of the United States 
of comparable maturities during the month preceding the month in which 
the obligations of the Commission are issued. The interest payments on 
such obligations may be deferred with the approval of the Secretary of 
the Treasury, but any interest payment so deferred shall also bear 
interest.
    ``(2) The borrowing of money by the Commission under paragraph (1) 
shall be subject to such maturities, terms, and conditions as may be 
agreed upon by the Commission and the Secretary of the Treasury, except 
that the maturities may not exceed 20 years and such borrowings may be 
redeemable at the option of the Commission before maturity.
    ``(3) The obligations of the Commission shall be issued in amounts 
and at prices approved by the Secretary of the Treasury. The authority 
of the Commission to issue obligations under this subsection shall 
remain available without fiscal year limitation. The Secretary of the 
Treasury shall purchase any obligations of the Commission to be issued 
under this subsection, and for such purpose the Secretary of the 
Treasury may use as a public debt transaction of the United States the 
proceeds from the sale of any securities issued under chapter 31 of 
title 31. The purposes for which securities may be issued under such 
chapter are extended to include any purchase of the Commission's 
obligations under this subsection.
    ``(4) Repayment of the interest and principal on any funds borrowed 
by the Commission under paragraph (1) shall be made from amounts in the 
memorial fund. The Commission may not use for such purpose any funds 
appropriated for any other activities of the Commission.
    ``(f) Treatment of Borrowing Authority.--In determining whether the 
Commission has sufficient funds to complete construction of the World 
War II memorial, as required by section 8 of the Commemorative Works 
Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the 
funds that the Commission may borrow from the Treasury under subsection 
(e) as funds available to complete construction of the memorial, 
whether or not the Commission has actually exercised the authority to 
borrow such funds.
    ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of 
title 31, the Commission may accept from any person voluntary services 
to be provided in furtherance of the fund-raising activities of the 
Commission relating to the World War II memorial.
    ``(2) A person providing voluntary services under this subsection 
shall be considered to be a Federal employee for purposes of chapter 81 
of title 5, relating to compensation for work-related injuries, and 
chapter 171 of title 28, relating to tort claims. A volunteer who is 
not otherwise employed by the Federal Government shall not be 
considered to be a Federal employee for any other purpose by reason of 
the provision of such voluntary service, except that any volunteers 
given responsibility for the handling of funds or the carrying out of a 
Federal function are subject to the conflict of interest laws contained 
in chapter 11 of title 18, and the administrative standards of conduct 
contained in part 2635 of title 5, Code of Federal Regulations.
    ``(3) The Commission may provide for reimbursement of incidental 
expenses which are incurred by a person providing voluntary services 
under this subsection. The Commission shall determine which expenses 
are eligible for reimbursement under this paragraph.
    ``(4) Nothing in this subsection shall be construed to require 
Federal employees to work without compensation or to allow the use of 
volunteer services to displace or replace Federal employees.
    ``(h) Treatment of Certain Contracts.--A contract entered into by 
the Commission for the design or construction of the World War II 
memorial is not a funding agreement as that term is defined in section 
201 of title 35.
    ``(i) Extension of Authority To Establish Memorial.--
Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C. 
1010), the legislative authorization for the construction of the World 
War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not 
expire until December 31, 2005.''.
    (2) The table of sections at the beginning of chapter 21 of title 
36, United States Code, is amended by adding at the end the following 
new item:

``2113. World War II memorial in the District of Columbia.''.
    (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is 
amended by striking sections 3, 4, and 5.
    (c) Effect of Repeal of Current Memorial Fund.--Upon the date of 
the enactment of this Act, the Secretary of the Treasury shall transfer 
amounts in the fund created by section 4(a) of Public Law 103-32 (107 
Stat. 91) to the fund created by section 2113 of title 36, United 
States Code, as added by subsection (a).

SEC. 313. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO 
              SOLICIT AND RECEIVE CONTRIBUTIONS.

    Subsection (e) of section 2103 of title 36, United States Code, is 
amended to read as follows:
    ``(e) Solicitation and Receipt of Contributions.--(1) The 
Commission may solicit and receive funds and in-kind donations and 
gifts from any State, municipal, or private source to carry out the 
purposes of this chapter. The Commission shall deposit such funds in a 
separate account in the Treasury. Funds from this account shall be 
disbursed upon vouchers approved by the Chairman of the Commission as 
well as by a Federal official authorized to sign payment vouchers.
    ``(2) The Commission shall establish written guidelines setting 
forth the criteria to be used in determining whether the acceptance of 
funds and in-kind donations and gifts under paragraph (1) would--
            ``(A) reflect unfavorably on the ability of the Commission, 
        or any employee of the Commission, to carry out the 
        responsibilities or official duties of the Commission in a fair 
        and objective manner; or
            ``(B) compromise the integrity or the appearance of the 
        integrity of the programs of the Commission or any official 
        involved in those programs.''.

SEC. 314. INTELLECTUAL PROPERTY AND RELATED ITEMS.

    Section 2103 of title 36, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) Intellectual Property and Related Items.--(1) The Commission 
may--
            ``(A) adopt, use, register, and license trademarks, service 
        marks, and other marks;
            ``(B) obtain, use, register, and license the use of 
        copyrights consistent with section 105 of title 17;
            ``(C) obtain, use, and license patents; and
            ``(D) accept gifts of marks, copyrights, patents and 
        licenses for use by the Commission.
    ``(2) The Commission may grant exclusive and nonexclusive licenses 
in connection with any mark, copyright, patent, or license for the use 
of such mark, copyright or patent, except to extent the grant of such 
license by the Commission would be contrary to any contract or license 
by which the use of such mark, copyright or patent was obtained.
    ``(3) The Commission may enforce any mark, copyright, or patent by 
an action in the district courts under any law providing for the 
protection of such marks, copyrights, or patents.
    ``(4) The Attorney General shall furnish the Commission with such 
legal representation as the Commission may require under paragraph (3). 
The Secretary of Defense shall provide representation for the 
Commission in administrative proceedings before the Patent and 
Trademark Office and Copyright Office.
    ``(5) Section 203 of title 17 shall not apply to any copyright 
transferred in any manner to the Commission.''.

      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.

    (a) Authority for Temporary Service.--(1) Notwithstanding 
subsection (c) of section 7253 of title 38, United States Code, and 
subject to the provisions of this section, a judge of the Court whose 
term on the Court expires in 2004 or 2005 and completes such term, or 
who retires from the Court under section 7296(b)(1) of such title, may 
continue to serve on the Court after the expiration of the judge's term 
or retirement, as the case may be, without reappointment for service on 
the Court under such section 7253.
    (2) A judge may continue to serve on the Court under paragraph (1) 
only if the judge submits to the chief judge of the Court written 
notice of an election to so serve 30 days before the earlier of--
            (A) the expiration of the judge's term on the Court as 
        described in that paragraph; or
            (B) the date on which the judge meets the age and service 
        requirements for eligibility for retirement set forth in 
        section 7296(b)(1) of such title.
    (3) The total number of judges serving on the Court at any one 
time, including the judges serving under this section, may not exceed 
7.
    (b) Period of Temporary Service.--(1) The service of a judge on the 
Court under this section may continue until the earlier of--
            (A) the date that is 30 days after the date on which the 
        chief judge of the Court submits to the President and Congress 
        a written certification based on the projected caseload of the 
        Court that the work of the Court can be performed in a timely 
        and efficient manner by judges of the Court under this section 
        who are senior on the Court to the judge electing to continue 
        to provide temporary service under this section or without 
        judges under this section; or
            (B) the date on which the person appointed to the position 
        on the Court occupied by the judge under this section is 
        qualified for the position.
    (2) Subsections (f) and (g) of section 7253 of title 38, United 
States Code, shall apply with respect to the service of a judge on the 
Court under this section.
    (c) Temporary Service in Other Positions.--(1) If on the date that 
the person appointed to the position on the Court occupied by a judge 
under this section is qualified another position on the Court is 
vacant, the judge may serve in such other position under this section.
    (2) If two or more judges seek to serve in a position on the Court 
in accordance with paragraph (1), the judge senior in service on the 
Court shall serve in the position under that paragraph.
    (d) Compensation.--(1) Notwithstanding any other provision of law, 
a person whose service as a judge of the Court continues under this 
section shall be paid for the period of service under this section an 
amount as follows:
            (A) In the case of a person eligible to receive retired pay 
        under subchapter V of chapter 72 of title 38, United States 
        Code, or a retirement annuity under subchapter III of chapter 
        83 or subchapter II of chapter 84 of title 5, United States 
        Code, as applicable, an amount equal to one-half of the amount 
        of the current salary payable to a judge of the Court under 
        chapter 72 of title 38, United States Code, having a status on 
        the Court equivalent to the highest status on the Court 
        attained by the person.
            (B) In the case of a person not eligible to receive such 
        retired pay or such retirement annuity, an amount equal to the 
        amount of current salary payable to a judge of the Court under 
        such chapter 72 having a status on the Court equivalent to the 
        highest status on the Court attained by the person.
    (2) Amounts paid under this subsection to a person described in 
paragraph (1)(A)--
            (A) shall not be treated as--
                    (i) compensation for employment with the United 
                States for purposes of section 7296(e) of title 38, 
                United States Code, or any provision of title 5, United 
                States Code, relating to the receipt or forfeiture of 
                retired pay or retirement annuities by a person 
                accepting compensation for employment with the United 
                States; or
                    (ii) pay for purposes of deductions or 
                contributions for or on behalf of the person to retired 
                pay under subchapter V of chapter 72 of title 38, 
                United States Code, or under chapter 83 or 84 of title 
                5, United States Code, as applicable; but
            (B) may, at the election of the person, be treated as pay 
        for purposes of deductions or contributions for or on behalf of 
        the person to a retirement or other annuity, or both, under 
        subchapter V of chapter 72 of title 38, United States Code, or 
        under chapter 83 or 84 of title 5, United States Code, as 
        applicable.
    (3) Amounts paid under this subsection to a person described in 
paragraph (1)(B) shall be treated as pay for purposes of deductions or 
contributions for or on behalf of the person to retired pay or a 
retirement or other annuity under subchapter V of chapter 72 of title 
38, United States Code, or under chapter 83 or 84 of title 5, United 
States Code, as applicable.
    (4) Amounts paid under this subsection shall be derived from 
amounts available for payment of salaries and benefits of judges of the 
Court.
    (e) Creditable Service.--(1) The service as a judge of the Court 
under this section of a person who makes an election provided for under 
subsection (d)(2)(B) shall constitute creditable service toward the 
judge's years of judicial service for purposes of section 7297 of title 
38, United States Code, with such service creditable at a rate equal to 
the rate at which such service would be creditable for such purposes if 
served by a judge of the Court under chapter 72 of that title.
    (2) The service as a judge of the Court under this section of a 
person paid salary under subsection (d)(1)(B) shall constitute 
creditable service of the person toward retirement under subchapter V 
of chapter 72 of title 38, United States Code, or subchapter III of 
chapter 83 or subchapter II of chapter 84 of title 5, United States 
Code, as applicable.
    (f) Eligibility for Additional Service.--The service of a person as 
a judge of the Court under this section shall not affect the 
eligibility of the person for appointment to an additional term or 
terms on the Court, whether in the position occupied by the person 
under this section or in another position on the Court.
    (g) Treatment of Party Membership.--For purposes of determining 
compliance with the last sentence of section 7253(b) of title 38, 
United States Code, the party membership of a judge serving on the 
Court under this section shall not be taken into account.

SEC. 402. MODIFIED TERMS FOR CERTAIN JUDGES OF UNITED STATES COURT OF 
              APPEALS FOR VETERANS CLAIMS.

    (a) Modified Terms.--Notwithstanding section 7253(c) of title 38, 
United States Code, the term of any judge of the Court who is appointed 
to a position on the Court that becomes vacant in 2004 shall be 13 
years.
    (b) Eligibility for Retirement.--(1) For purposes of determining 
the eligibility to retire under section 7296 of title 38, United States 
Code, of a judge appointed as described in subsection (a)--
            (A) the age and service requirements in the table in 
        paragraph (2) shall apply to the judge instead of the age and 
        service requirements in the table in subsection (b)(1) of that 
        section that would otherwise apply to the judge; and
            (B) the minimum years of service applied to the judge for 
        eligibility to retire under the first sentence of subsection 
        (b)(2) of that section shall be 13 years instead of 15 years.
    (2) The age and service requirements in this paragraph 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        

SEC. 403. TEMPORARY AUTHORITY FOR VOLUNTARY SEPARATION INCENTIVES FOR 
              CERTAIN JUDGES ON UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS.

    (a) Temporary Authority.--A voluntary separation incentive payment 
may be paid in accordance with this section to any judge of the Court 
described in subsection (c).
    (b) Amount of Incentive Payment.--The amount of a voluntary 
separation incentive payment paid to a judge under this section shall 
be $25,000.
    (c) Covered Judges.--A voluntary separation incentive payment may 
be paid under this section to any judge of the Court who--
            (1) meets the age and service requirements for retirement 
        set forth in section 7296(b)(1) of title 38, United States 
        Code, as of the date on which the judge retires from the Court;
            (2) submits a notice of an intent to retire in accordance 
        with subsection (d); and
            (3) retires from the Court under that section not later 
        than 30 days after the date on which the judge meets such age 
        and service requirements.
    (d) Notice of Intent to Retire.--(1) A judge of the Court seeking 
payment of a voluntary separation incentive payment under this section 
shall submit to the President and Congress a timely notice of an intent 
to retire from the Court, together with a request for payment of the 
voluntary separation incentive payment.
    (2) A notice shall be timely submitted under paragraph (1) only if 
submitted--
            (A) not later than one year before the date of retirement 
        of the judge concerned from the Court; or
            (B) in the case of a judge whose retirement from the Court 
        will occur less than one year after the date of the enactment 
        of this Act, not later than 30 days after the date of the 
        enactment of this Act.
    (e) Date of Payment.--A voluntary separation incentive payment may 
be paid to a judge of the Court under this section only upon the 
retirement of the judge from the Court.
    (f) Treatment of Payment.--A voluntary separation incentive payment 
paid to a judge under this section shall not be treated as pay for 
purposes of contributions for or on behalf of the judge to retired pay 
or a retirement or other annuity under subchapter V of chapter 72 of 
title 38, United States Code.
    (g) Eligibility for Temporary Service on Court.--A judge seeking 
payment of a voluntary separation incentive payment under this section 
may serve on the Court under section 401 if eligible for such service 
under that section.
    (h) Source of Payments.--Amounts for voluntary separation incentive 
payments under this section shall be derived from amounts available for 
payment of salaries and benefits of judges of the Court.
    (i) Expiration of Authority.--A voluntary separation incentive 
payment may not be paid under this section to a judge who retires from 
the Court after December 31, 2002.

SEC. 404. DEFINITION.

    In this title, the term ``Court'' means the United States Court of 
Appeals for Veterans Claims.

            Passed the Senate September 8, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                S. 1076

_______________________________________________________________________

                                 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.

S 1076 ES----2
S 1076 ES----3
S 1076 ES----4
S 1076 ES----5
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