II

Calendar No. 230

106TH CONGRESS

1ST SESSION S. 1076

[Report No. 106–122]

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

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

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

reform eligibility for burial in Arlington National Cemetery, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 19, 1999

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

to the Committee on Veterans’ Affairs

JULY 27, 1999

Reported by Mr. SPECTER, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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

veterans with service-connected disabilities, to enhance

programs providing health care, education, and other

benefits for veterans, to authorize major medical facility

projects, to reform eligibility for burial in Arlington National Cemetery, and for other purposes.
2

•S 1076 RS

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’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—COMPENSATION COST-OF-LIVING ADJUSTMENT

Subtitle A—Compensation Cost-of-Living-Adjustment

Sec. 101. Short title.

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

Sec. 103. Publication of adjusted rates.

Subtitle B—Compensation Rate Amendments

Sec. 111. Disability compensation.

Sec. 112. Additional compensation for dependents.

Sec. 113. Clothing allowance for certain disabled veterans.

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

Sec. 115. Dependency and indemnity compensation for children.

Sec. 116. Effective date.

TITLE II—EDUCATIONAL BENEFITS

Sec. 201. Short title.

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

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

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

to receive Montgomery GI Bill basic educational assistance.

Sec. 205. Accelerated payments of basic educational assistance.

TITLE III—MEDICAL CARE

Subtitle A—Long-Term Care

Sec. 301. Adult day health care.

Sec. 302. In-home respite care services.

Subtitle B—Management of Medical Facilities and Property

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

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

Subtitle C—Homeless Veterans
3

•S 1076 RS

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

Sec. 322. Homeless veterans comprehensive service programs.

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

projects.

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

Subtitle D—Other Health Care Provisions

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

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

amounts in Medical Care Collections Fund.

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

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

Department of Defense.

Subtitle E—Major Medical Facility Projects Construction Authorization

Sec. 341. Authorization of major medical facility projects.

TITLE IV—OTHER BENEFITS MATTERS

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

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

of the Philippines.

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

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

Sec. 405. Clarification of veterans employment opportunities.

TITLE V—MEMORIAL AFFAIRS

Subtitle A—Arlington National Cemetery

Sec. 501. Short title.

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

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

Subtitle B—World War II Memorial

Sec. 511. Short title.

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

War II memorial.

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

Sec. 514. Intellectual property and related items.

TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 601. Staggered retirement of judges.

Sec. 602. Recall of retired judges.
4

•S 1076 RS

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.

7 TITLE I—COMPENSATION COST8 OF-LIVING ADJUSTMENT

9 Subtitle A—Compensation Cost-of10 Living-Adjustment

11 SEC. 101. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Veterans’ Com13 pensation Cost-of-Living Adjustment Act of 1999’’.

14 SEC. 102. INCREASE IN RATES OF DISABILITY COMPENSA15 TION AND DEPENDENCY AND INDEMNITY

16 COMPENSATION.

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

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

19 dollar amounts in effect for the payment of disability com20 pensation and dependency and indemnity compensation by

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

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

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

24 the following:
5

•S 1076 RS

1 (1) COMPENSATION.—Each of the dollar

2 amounts in effect under section 1114 of title 38,

3 United States Code.

4 (2) ADDITIONAL COMPENSATION FOR DEPEND5 ENTS.—Each of the dollar amounts in effect under

6 sections 1115(1) of such title.

7 (3) CLOTHING ALLOWANCE.—The dollar

8 amount in effect under section 1162 of such title.

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

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

11 1311(a) of such title.

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

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

14 title.

15 (6) ADDITIONAL DIC FOR SURVIVING SPOUSES

16 WITH MINOR CHILDREN.—The dollar amount in ef17 fect under section 1311(b) of such title.

18 (7) ADDITIONAL DIC FOR DISABILITY.—The

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

20 1311(d) of such title.

21 (8) DIC FOR DEPENDENT CHILDREN.—The

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

23 1314 of such title.

24 (c) DETERMINATION OF INCREASE.—(1) The in25 crease under subsection (a) shall be made in the dollar
6

•S 1076 RS

1 amounts specified in subsection (b) as in effect on Novem2 ber 30, 1999.

3 (2) Except as provided in paragraph (3), each such

4 amount shall be increased by the same percentage as the

5 percentage by which benefit amounts payable under title

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

7 increased effective December 1, 1999, as a result of a de8 termination under section 215(i) of such Act (42 U.S.C.

9 415(i)).

10 (3) Each dollar amount increased pursuant to para11 graph (2) shall, if not a whole dollar amount, be rounded

12 down to the next lower whole dollar amount.

13 (d) SPECIAL RULE.—The Secretary may adjust ad14 ministratively, consistent with the increases made under

15 subsection (a), the rates of disability compensation pay16 able to persons within the purview of section 10 of Public

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

18 compensation payable pursuant to chapter 11 of title 38,

19 United States Code.

20 SEC. 103. PUBLICATION OF ADJUSTED RATES.

21 At the same time as the matters specified in section

22 215(i)(2)(D) of the Social Security Act (42 U.S.C.

23 415(i)(2)(D)) are required to be published by reason of

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

25 during fiscal year 2000, the Secretary of Veterans Affairs
7

•S 1076 RS

1 shall publish in the Federal Register the amounts specified

2 in subsection (b) of section 102, as increased pursuant to

3 that section.

4 Subtitle B—Compensation Rate

5 Amendments

6 SEC. 111. DISABILITY COMPENSATION.

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

8 amended—

9 (1) by striking ‘‘$95’’ in subsection (a) and in10 serting ‘‘$96’’;

11 (2) by striking ‘‘$182’’ in subsection (b) and in12 serting ‘‘$184’’;

13 (3) by striking ‘‘$279’’ in subsection (c) and in14 serting ‘‘$282’’;

15 (4) by striking ‘‘$399’’ in subsection (d) and in16 serting ‘‘$404’’;

17 (5) by striking ‘‘$569’’ in subsection (e) and in18 serting ‘‘$576’’;

19 (6) by striking ‘‘$717’’ in subsection (f) and in20 serting ‘‘$726’’;

21 (7) by striking ‘‘$905’’ in subsection (g) and in22 serting ‘‘$916’’;

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

24 inserting ‘‘$1,062’’;
8

•S 1076 RS

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

2 inserting ‘‘$1,196’’;

3 (10) by striking ‘‘$1,964’’ in subsection (j) and

4 inserting ‘‘$1,989’’;

5 (11) by striking ‘‘$2,443’’ and ‘‘$3,426’’ in sub6 section (k) and inserting ‘‘$2,474’’ and ‘‘$3,470’’,

7 respectively;

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

9 inserting ‘‘$2,474’’;

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

11 and inserting ‘‘$2,729’’;

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

13 inserting ‘‘$3,105’’;

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

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

16 (16) by striking ‘‘$1,471’’ and ‘‘$2,190’’ in sub17 section (r) and inserting ‘‘$1,490’’ and ‘‘$2,218’’,

18 respectively; and

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

20 inserting ‘‘$2,227’’.

21 (b) SPECIAL RULE.—The Secretary of Veterans Af22 fairs may authorize administratively, consistent with the

23 increases specified in this section, the rates of disability

24 compensation payable to persons within the purview of

25 section 10 of Public Law 85–857 who are not in receipt
9

•S 1076 RS

1 of compensation payable pursuant to chapter 11 of title

2 38, United States Code.

3 SEC. 112. ADDITIONAL COMPENSATION FOR DEPENDENTS.

4 Section 1115(1) is amended—

5 (1) by striking ‘‘$114’’ in clause (A) and insert6 ing ‘‘$115’’;

7 (2) by striking ‘‘$195’’ in clause (B) and insert8 ing ‘‘$197’’;

9 (3) by striking ‘‘$78’’ in clause (C) and insert10 ing ‘‘$79’’;

11 (4) by striking ‘‘$92’’ in clause (D) and insert12 ing ‘‘$93’’;

13 (5) by striking ‘‘$215’’ in clause (E) and insert14 ing ‘‘$217’’; and

15 (6) by striking ‘‘$180’’ in clause (F) and insert16 ing ‘‘$182’’.

17 SEC. 113. CLOTHING ALLOWANCE FOR CERTAIN DISABLED

18 VETERANS.

19 Section 1162 is amended by striking ‘‘$528’’ and in20 serting ‘‘$534’’.

21 SEC. 114. DEPENDENCY AND INDEMNITY COMPENSATION

22 FOR SURVIVING SPOUSES.

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

24 amended—
10

•S 1076 RS

1 (1) by striking ‘‘$850’’ in paragraph (1) and in2 serting ‘‘$861’’; and

3 (2) by striking ‘‘$185’’ in paragraph (2) and in4 serting ‘‘$187’’.

5 (b) OLD LAW RATES.—The table in subsection (a)(3)

6 is amended to read as follows:

Monthly Monthly

‘‘Pay grade rate Pay grade rate

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

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

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

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

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

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

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

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

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

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

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

W–3 .......... 974

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

Army, senior enlisted advisor of the Navy, chief

master sergeant of the Air Force, sergeant major

of the Marine Corps, or master chief petty officer

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

spouse’s rate shall be $1,057.

‘‘2If the veteran served as Chairman or Vice

Chairman of the Joint Chiefs of Staff, Chief of

Staff of the Army, Chief of Naval Operations,

Chief of Staff of the Air Force, Commandant of

the Marine Corps, or Commandant of the Coast

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

shall be $1,966.’’.

7 (c) ADDITIONAL DIC FOR CHILDREN.—Section

8 1311(b) is amended by striking ‘‘$215’’ and inserting

9 ‘‘$217’’.

10 (d) AID AND ATTENDANCE ALLOWANCE.—Section

11 1311(c) is amended by striking ‘‘$215’’ and inserting

12 ‘‘$217’’.

13 (e) HOUSEBOUND RATE.—Section 1311(d) is amend14 ed by striking ‘‘$104’’ and inserting ‘‘$105’’.
11

•S 1076 RS

1 SEC. 115. DEPENDENCY AND INDEMNITY COMPENSATION

2 FOR CHILDREN.

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

4 is amended—

5 (1) by striking ‘‘$361’’ in paragraph (1) and in6 serting ‘‘$365’’;

7 (2) by striking ‘‘$520’’ in paragraph (2) and in8 serting ‘‘$526’’;

9 (3) by striking ‘‘$675’’ in paragraph (3) and in10 serting ‘‘$683’’; and

11 (4) by striking ‘‘$675’’ and ‘‘$132’’ in para12 graph (4) and inserting ‘‘$683’’ and ‘‘$133’’, respec13 tively.

14 (b) SUPPLEMENTAL DIC FOR DISABLED ADULT

15 CHILDREN.—Section 1314 is amended—

16 (1) by striking ‘‘$215’’ in subsection (a) and in17 serting ‘‘$217’’;

18 (2) by striking ‘‘$361’’ in subsection (b) and in19 serting ‘‘$365’’; and

20 (3) by striking ‘‘$182’’ in subsection (c) and in21 serting ‘‘$184’’.

22 SEC. 116. EFFECTIVE DATE.

23 The amendments made by this subtitle shall take ef24 fect on November 30, 1999.
12

•S 1076 RS

1 TITLE II—EDUCATIONAL

2 BENEFITS

3 SEC. 201. SHORT TITLE.

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

5 Educational Assistance Programs Improvements Act of

6 1999’’.

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

8 EDUCATIONAL ASSISTANCE.

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

10 amended—

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

12 inserting ‘‘$600’’; and

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

14 and inserting ‘‘$488’’.

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

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

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

19 no adjustment in rates of educational assistance shall be

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

21 Code, for fiscal year 2000.

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

24 (a) SURVIVORS AND DEPENDENTS EDUCATIONAL

25 ASSISTANCE.—Section 3532 is amended—
13

•S 1076 RS

1 (1) in subsection (a)(1)—

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

3 ‘‘$550’’;

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

5 ‘‘$414’’; and

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

7 ‘‘$274’’;

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

9 inserting ‘‘$550’’;

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

11 inserting ‘‘$550’’; and

12 (4) in subsection (c)(2)—

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

14 ‘‘$445’’;

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

16 ‘‘$333’’; and

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

18 ‘‘$222’’.

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

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

21 (c) SPECIAL RESTORATIVE TRAINING.—Section

22 3542(a) is amended—

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

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

25 and inserting ‘‘$172’’; and
14

•S 1076 RS

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

2 ‘‘$18.35’’.

3 (d) APPRENTICESHIP TRAINING.—Section

4 3687(b)(2) is amended—

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

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

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

8 and

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

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

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

12 apply with respect to educational assistance paid for

13 months after September 1999.

14 SEC. 204. ELIGIBILITY OF MEMBERS OF THE ARMED

15 FORCES TO WITHDRAW ELECTIONS NOT TO

16 RECEIVE MONTGOMERY GI BILL BASIC EDU17 CATIONAL ASSISTANCE.

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

19 amended by adding at the end the following:

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

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

23 duty in the Armed Forces. An individual who withdraws

24 such an election shall be entitled to basic educational as25 sistance under this chapter.
15

•S 1076 RS

1 ‘‘(B) The withdrawal of an election under this para2 graph shall be made in accordance with regulations pre3 scribed by the Secretary of Defense or by the Secretary

4 of Transportation with respect to the Coast Guard when

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

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

7 an election under this paragraph—

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

10 which the election is made until the total amount of

11 such reductions equals $1,500; or

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

14 from active duty in the Armed Forces, the Secretary

15 shall collect from the individual an amount equal to

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

17 of reductions under subclause (I).

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

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

20 amount of the reduction in basic pay otherwise required

21 with respect to the individual under that clause minus the

22 total amount of reductions of basic pay of the individual

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

24 clause.
16

•S 1076 RS

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

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

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

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

5 Treasury as miscellaneous receipts.

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

8 (b) MEMBERS OF SELECTED RESERVE.—Section

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

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

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

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

15 this chapter.

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

19 of Transportation with respect to the Coast Guard when

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

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

22 an election under this paragraph—

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

25 after the month in which the election is made until
17

•S 1076 RS

1 the total amount of such reductions equals $1,500;

2 or

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

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

8 amount of reductions under subclause (I).

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

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

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

13 clause minus the total amount of reductions of basic pay

14 or compensation of the individual under that clause at the

15 time of the payment under this clause.

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

17 apply to any reductions in basic pay or compensation

18 under clause (i)(I).

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

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

21 Treasury as miscellaneous receipts.

22 ‘‘(D) The withdrawal of an election under this para23 graph is irrevocable.’’.
18

•S 1076 RS

1 SEC. 205. ACCELERATED PAYMENTS OF BASIC EDU2 CATIONAL ASSISTANCE.

3 Section 3014 is amended—

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

5 and

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

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

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

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

13 to an individual entitled to payment of such assistance

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

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

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

19 a payment of such assistance is made on an accelerated

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

21 accelerated basis the amount of such assistance otherwise

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

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

25 under this subchapter of an individual who is paid such

26 assistance on an accelerated basis under this subsection
19

•S 1076 RS

1 shall be charged at a rate equal to one month for each

2 month of the period covered by the accelerated payment

3 of such assistance.

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

5 accelerated basis under this subsection as follows:

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

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

9 lump-sum amount equivalent to the aggregate

10 amount of monthly assistance otherwise payable

11 under this subchapter for the quarter, semester, or

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

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

14 other than a course referred to in subparagraph

15 (A)—

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

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

19 and

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

24 to exceed the aggregate amount of monthly as-
20

•S 1076 RS

1 sistance otherwise payable under this sub2 chapter for the period of the course.

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

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

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

8 such payments and may include a limit on the amount

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

10 TITLE III—MEDICAL CARE

11 Subtitle A—Long-Term Care

12 SEC. 301. ADULT DAY HEALTH CARE.

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

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

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

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

17 Section 1720B(b) is amended—

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

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

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

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

22 home of a veteran’’ after ‘‘in a Department facility’’.
21

•S 1076 RS

1 Subtitle B—Management of

2 Medical Facilities and Property

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

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

6 Chapter 81 is amended by inserting after section 8122 the

7 following new section:

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

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

11 section, dispose of property owned by the United States

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

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

15 or political subdivision thereof, or any public or private

16 entity.

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

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

21 Property and Administrative Services Act of 1949

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

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

24 Homeless Assistance Act (42 U.S.C. 11411).
22

•S 1076 RS

1 ‘‘(3) The Secretary may not undertake more than 30

2 transactions for the disposal of real property under this

3 section.

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

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

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

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

12 property under this section to cover costs incurred by the

13 Secretary for administrative expenses associated with the

14 disposal.

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

16 be known as the Department of Veterans Affairs Capital

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

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

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

21 authorization of appropriations for the Fund.

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

23 of real property under this section, less amounts

24 used to cover administrative expenses associated

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

•S 1076 RS

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

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

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

6 real property under this section, including—

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

8 improvements;

9 ‘‘(II) costs of environmental restoration;

10 and

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

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

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

15 and subject to subparagraph (B)—

16 ‘‘(I) for construction projects and facility

17 leases (other than projects or leases within the

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

20 (including the procurement and maintenance of

21 equipment);

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

23 Veterans Affairs Medical Care Collections Fund

24 established in section 1729A of this title for use

25 in accordance with that section;
24

•S 1076 RS

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

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

5 Housing and Urban Development for homeless

6 assistance grants.

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

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

9 of the database required under subsection (d).

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

11 (A)(ii) for a fiscal year—

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

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

14 and (III) of that subparagraph; and

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

16 amounts shall be available under subclause (IV) of

17 that subparagraph.

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

19 purposes specified in paragraph (3) without fiscal year

20 limitation.

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

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

•S 1076 RS

1 cilitates the management of such real property, including

2 the disposal of real property under this section.

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

4 real property under this section shall expire 5 years after

5 the date of the enactment of the Veterans Benefits Act

6 of 1999.

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

8 than 2 years after the expiration of the authority under

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

10 section.

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

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

14 the Construction, Minor Projects Account.

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

16 that accompany the budget of the President for a fiscal

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

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

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

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

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

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

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

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

•S 1076 RS

1 ment of Veterans Affairs for fiscal year 2000,

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

3 Affairs Capital Asset Fund established by section

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

5 subsection (a)).

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

9 order specified:

10 (A) Amounts in the Construction, Major

11 Projects Account.

12 (B) Amounts in the Construction, Minor

13 Projects Account.

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

16 from the account to the Fund under that paragraph.

17 Amounts for such reimbursements shall be derived from

18 amounts in the Fund.

19 (c) MODIFICATIONS OF GENERAL REAL PROPERTY

20 DISPOSAL AUTHORITY.—Paragraph (2) of section

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

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

23 subsection, the Secretary may not during any fiscal year

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

25 States and administered by the Secretary unless—
27

•S 1076 RS

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

3 31 for that fiscal year; and

4 ‘‘(ii) the Department receives compensation for

5 the disposal equal to fair market value of the real

6 property.

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

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

10 of this title.’’.

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

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

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

15 Subtitle C—Homeless Veterans

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

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

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

20 SEC. 322. HOMELESS VETERANS COMPREHENSIVE SERVICE

21 PROGRAMS.

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

23 Homeless Veterans Comprehensive Service Programs Act

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

•S 1076 RS

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

2 ‘‘new programs to furnish’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

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

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

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

7 through 1997’’.

8 SEC. 323. AUTHORIZATIONS OF APPROPRIATIONS FOR

9 HOMELESS VETERANS’ REINTEGRATION

10 PROJECTS.

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

13 by adding at the end the following:

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

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

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

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

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

22 Affairs of the Senate and the House of Representatives

23 a report containing a detailed plan for the evaluation by

24 the Department of Veterans Affairs of the effectiveness

25 of programs to assist homeless veterans.
29

•S 1076 RS

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

2 outcome measures which determine whether veterans are

3 housed and employed within six months after housing and

4 employment are secured for veterans under such pro5 grams.

6 Subtitle D—Other Health Care

7 Provisions

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

10 Section 1720A(c) is amended—

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

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

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

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

15 during the last thirty days of such member’s

16 enlistment or tour of duty’’; and

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

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

19 enlistment period or tour of duty’’.

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

22 AMOUNTS IN MEDICAL CARE COLLECTIONS

23 FUND.

24 Section 1729A(d) is amended—

25 (1) by striking ‘‘(1)’’;
30

•S 1076 RS

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

3 facility’’;

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

5 ‘‘each facility’’;

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

8 (4) by striking paragraph (2).

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

11 (a) THREE-YEAR EXTENSION OF NEWSLETTER ON

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

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

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

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

17 (b) THREE-YEAR EXTENSION OF PROGRAM FOR

18 EVALUATION OF HEALTH OF SPOUSES AND CHILDREN.—

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

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

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

•S 1076 RS

1 SEC. 334. REPORT ON COORDINATION OF PROCUREMENT

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

4 AFFAIRS AND THE DEPARTMENT OF DE5 FENSE.

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

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

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

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

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

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

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

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

24 (3) A description of any existing memoranda of

25 agreement between the Department of Veterans Af-
32

•S 1076 RS

1 fairs and the Department of Defense that provide

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

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

4 agreements will have on current staffing levels at the

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

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

9 cooperation on military readiness.

10 (6) A comprehensive assessment of cost savings

11 realized and projected over the five fiscal year period

12 beginning in fiscal year 1999 for the Department of

13 Veterans Affairs and the Department of Defense as

14 a result of such cooperation, and the overall savings

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

16 such cooperation.

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

18 pharmaceuticals for which cooperative agreements

19 would not be appropriate and the reason or reasons

20 therefor.

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

23 medical equipment, major systems, and durable

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

•S 1076 RS

1 partment of Veterans Affairs and the Department of

2 Defense.

3 (9) A description of the effects such agreements

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

6 the Department of Defense, particularly outside the

7 continental United States.

8 (10) An assessment of the potential to establish

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

11 Defense.

12 (11) An explanation of the current Uniform

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

15 such requirements between the Departments for

16 medical equipment and durable goods manufactur17 ers.

18 Subtitle E—Major Medical Facility

19 Projects Construction Author20 ization

21 SEC. 341. AUTHORIZATION OF MAJOR MEDICAL FACILITY

22 PROJECTS.

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

24 may carry out the following major medical facility
34

•S 1076 RS

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

2 specified for that project:

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

4 the Department of Veterans Affairs Medical Center,

5 Lebanon, Pennsylvania, in an amount not to exceed

6 $14,500,000.

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

10 to exceed $12,000,000.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

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

13 appropriated to the Secretary of Veterans Affairs for

14 fiscal year 2000 for the Construction, Major

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

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

19 Law 105–368; 112 Stat. 3348).

20 (2) LIMITATION ON FISCAL YEAR 2000

21 PROJECTS.—The projects authorized in subsection

22 (a) may only be carried out using—

23 (A) funds appropriated for fiscal year 2000

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

•S 1076 RS

1 (B) funds appropriated for Construction,

2 Major Projects, for a fiscal year before fiscal

3 year 2000 that remain available for obligation;

4 and

5 (C) funds appropriated for Construction,

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

8 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999

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

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

11 (1) by redesignating subparagraphs (B) and

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

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

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

16 pursuant to the authorization of appropriations in

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

18 1999;’’.

19 TITLE IV—OTHER BENEFITS

20 MATTERS

21 SEC. 401. PAYMENT RATE OF CERTAIN BURIAL BENEFITS

22 FOR CERTAIN FILIPINO VETERANS.

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

•S 1076 RS

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

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

3 and

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

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

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

8 rate of $1 for each dollar authorized.

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

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

11 the individual’s date of death—

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

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

14 ‘‘(C) either—

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

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

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

19 been paid pension under section 1521 of this

20 title without denial or discontinuance by reason

21 of section 1522 of this title.’’.

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

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

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

•S 1076 RS

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

3 PHILIPPINES.

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

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

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

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

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

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

12 VETERANS.

13 Section 5503 is amended—

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

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

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

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

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

20 United States Code, is amended—

21 (1) by striking paragraph (4);

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

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

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

•S 1076 RS

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

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

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

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

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

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

10 to which such amendments relate.

11 TITLE V—MEMORIAL AFFAIRS

12 Subtitle A—Arlington National

13 Cemetery

14 SEC. 501. SHORT TITLE.

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

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

17 SEC. 502. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON

18 NATIONAL CEMETERY.

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

20 adding at the end the following new section:

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

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

25 Cemetery:
39

•S 1076 RS

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

2 dies while on active duty.

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

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

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

6 have been entitled) to retired pay under chapter

7 1223 of title 10.

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

9 separated for physical disability before October 1,

10 1949, who—

11 ‘‘(A) served on active duty; and

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

14 title 10 (relating to retirement for disability)

15 had that section been in effect on the date of

16 separation of the member.

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

18 whose last active duty military service terminated

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

21 ‘‘(A) Medal of Honor.

22 ‘‘(B) Distinguished Service Cross, Air

23 Force Cross, or Navy Cross.

24 ‘‘(C) Distinguished Service Medal.

25 ‘‘(D) Silver Star.
40

•S 1076 RS

1 ‘‘(E) Purple Heart.

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

3 after November 30, 1993.

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

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

6 whose last discharge or separation from active duty

7 was under honorable conditions and who is or was

8 one of the following:

9 ‘‘(A) Vice President.

10 ‘‘(B) Member of Congress.

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

12 the Supreme Court.

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

14 (as such departments are listed in section 101

15 of title 5).

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

20 service.

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

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

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

•S 1076 RS

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

2 duty was under honorable conditions, if the Secretary of

3 Defense makes a determination referred to in paragraph

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

5 may authorize the burial of the remains of such former

6 member in Arlington National Cemetery under subsection

7 (a)(8).

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

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

12 President may authorize the burial of the remains of such

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

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

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

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

20 persons listed in subsection (a).

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

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

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

25 the Senate and the House of Representatives.
42

•S 1076 RS

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

2 under this subsection, the President or the Secretary of

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

5 Representatives a report on the authorization not later

6 than 72 hours after the authorization.

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

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

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

11 for burial.

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

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

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

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

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

21 discretion of the Superintendent, unmarried adult

22 child of a member of the Armed Forces on active

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

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

•S 1076 RS

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

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

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

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

6 adult child whose remains, based on the eligibility of

7 a parent, are already buried in Arlington National

8 Cemetery, but only if buried in the same gravesite

9 as that minor child or unmarried adult child.

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

12 the Superintendent, unmarried adult child of a

13 member of the Armed Forces who was lost, buried

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

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

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

21 placed, at the discretion of the Superintendent, in

22 Arlington National Cemetery.

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

24 the discretion of the Superintendent, unmarried

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

•S 1076 RS

1 in a cemetery under the jurisdiction of the American

2 Battle Monuments Commission.

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

4 surviving spouse of a person whose remains are buried in

5 Arlington National Cemetery by reason of eligibility under

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

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

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

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

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

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

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

17 buried.

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

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

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

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

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

•S 1076 RS

1 remains in Arlington National Cemetery prescribed under

2 this section is the exclusive eligibility for such burial.

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

6 considered by the Secretary of the Army, the Secretary

7 of Defense, or any other responsible official.

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

9 Secretary of the Army shall maintain a register of each

10 individual buried in Arlington National Cemetery and

11 shall make such register available to the public.

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

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

14 description of the basis of eligibility of the individual for

15 burial in Arlington National Cemetery.

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

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

18 Forces’ means—

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

20 a retired list who served on active duty and who

21 is entitled to retired pay;

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

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

25 and
46

•S 1076 RS

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

2 of the Armed Forces who has served on active

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

5 10 of eligibility for retired pay under chapter

6 1223 of title 10.

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

8 Forces’ includes a person whose service is considered

9 active duty service pursuant to a determination of

10 the Secretary of Defense under section 401 of Public

11 Law 95–202 (38 U.S.C. 106 note).

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

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

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

16 item:

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

17 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

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

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

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

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

23 by subsection (a).

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

25 amended—
47

•S 1076 RS

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

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

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

4 ‘‘chapter 1223’’; and

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

6 and all that follows and inserting a period.

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

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

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

10 of enactment of this Act.

11 SEC. 503. PERSONS ELIGIBLE FOR PLACEMENT IN THE

12 COLUMBARIUM IN ARLINGTON NATIONAL

13 CEMETERY.

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

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

16 of this Act, the following new section:

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

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

21 Arlington National Cemetery:

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

23 National Cemetery under section 2412 of this title.
48

•S 1076 RS

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

2 duty service (other than active duty for training)

3 ended honorably.

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

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

7 such a veteran.

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

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

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

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

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

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

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

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

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

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

17 of enactment of this Act.

18 Subtitle B—World War II Memorial

19 SEC. 511. SHORT TITLE.

20 This subtitle may be cited as the ‘‘World War II Me21 morial Completion Act’’.
49

•S 1076 RS

1 SEC. 512. FUND RAISING BY AMERICAN BATTLE MONU2 MENTS COMMISSION FOR WORLD WAR II ME3 MORIAL.

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

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

7 following new section:

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

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

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

12 the memorial authorized by Public Law 103–32

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

14 Battle Monuments Commission on Federal land in

15 the District of Columbia or its environs to honor

16 members of the Armed Forces who served in World

17 War II and to commemorate the participation of the

18 United States in that war.

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

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

22 created by subsection (c).

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

25 under section 2103(e) of this title, the Commission shall
50

•S 1076 RS

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.
51

•S 1076 RS

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
52

•S 1076 RS

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
53

•S 1076 RS

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-
54

•S 1076 RS

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.
55

•S 1076 RS

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).
56

•S 1076 RS

1 SEC. 513. GENERAL AUTHORITY OF AMERICAN BATTLE

2 MONUMENTS COMMISSION TO SOLICIT AND

3 RECEIVE CONTRIBUTIONS.

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

5 States Code, is amended to read as follows:

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

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

10 chapter. The Commission shall deposit such funds in a

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

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

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

17 whether the acceptance of funds and in-kind donations

18 and gifts under paragraph (1) would—

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

20 Commission, or any employee of the Commission, to

21 carry out the responsibilities or official duties of the

22 Commission in a fair and objective manner; or

23 ‘‘(B) compromise the integrity or the appear24 ance of the integrity of the programs of the Commis25 sion or any official involved in those programs.’’.
57

•S 1076 RS

1 SEC. 514. INTELLECTUAL PROPERTY AND RELATED ITEMS.

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

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

5 ‘‘(l) INTELLECTUAL PROPERTY AND RELATED

6 ITEMS.—(1) The Commission may—

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

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

10 of copyrights consistent with section 105 of title 17;

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

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

13 and licenses for use by the Commission.

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

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

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

18 Commission would be contrary to any contract or license

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

20 obtained.

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

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

25 ‘‘(4) The Attorney General shall furnish the Commis26 sion with such legal representation as the Commission
58

•S 1076 RS

1 may require under paragraph (3). The Secretary of De2 fense shall provide representation for the Commission in

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

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

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

7 TITLE VI—UNITED STATES

8 COURT OF APPEALS FOR VET9 ERANS CLAIMS

10 SEC. 601. STAGGERED RETIREMENT OF JUDGES.

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

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

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

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

17 Court, as follows:

18 (1) One individual in 2001.

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

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

21 States Court of Appeals for Veterans Claims is eligible to

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

23 judge—
59

•S 1076 RS

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

2 at least 10 years of service on the Court creditable

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

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

5 under section 7296 of such title;

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

7 under section 7297(l) of such title;

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

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

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

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

12 creditable under section 7296 of such title that total

13 at least 80; and

14 (6) either—

15 (A) is the most senior associate judge of

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

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

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

21 2003, as applicable.

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

23 seeking to retire under this section shall submit to the

24 President and the chief judge of the United States Court

25 of Appeals for Veterans Claims written notice of an elec-
60

•S 1076 RS

1 tion to so retire not later than April 1 of the year in which

2 the judge seeks to so retire.

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

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

5 That date shall meet the requirements for a retirement

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

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

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

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

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

14 of the election to retire under that subsection.

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

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

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

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

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

21 be equal to the rate of retired pay otherwise applicable

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

23 such date multiplied by the fraction in which—

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

25 the judge’s years of service as a judge of the United
61

•S 1076 RS

1 States Court of Appeals for Veterans Claims cred2 itable under section 7296 of such title and the age

3 of such judge; and

4 (ii) the denominator is 80.

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

6 amended—

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

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

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

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

15 within the contemplation of law.’’.

16 SEC. 602. RECALL OF RETIRED JUDGES.

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

18 amended by inserting after section 7254 the following new

19 section:

20 ‘‘§ 7254a. Recall of retired judges

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

22 Appeals for Veterans Claims may recall to the Court any

23 individual described in subsection (b) if—

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

25 judge of the Court; or
62

•S 1076 RS

1 ‘‘(2) the chief judge determines that the recall

2 is necessary to meet the anticipated case work of the

3 Court.

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

5 under this section is any individual who—

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

7 the provisions of section 7296 of this title or the

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

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

11 Court a notice of election to be so recalled.

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

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

14 in writing to the President that—

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

16 perform substantial service for the Court; and

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

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

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

22 House of Representatives.

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

24 under this section only with the written consent of the in25 dividual.
63

•S 1076 RS

1 ‘‘(B) The individual shall be recalled only for the pe2 riod of time specified in the certification with respect to

3 the individual under paragraph (1).

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

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

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

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

8 section shall, during the period for which the individual

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

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

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

12 minus the amount of retired pay paid to the individual

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

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

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

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

19 to the receipt or forfeiture of retired pay or retirement

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

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

24 under the applicable provisions of title 5 shall be consid-
64

•S 1076 RS

1 ered to be a reemployed annuitant under chapter 83 or

2 84 of title 5, as applicable.

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

4 an individual who retired under the provisions of chapter

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

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

8 at the beginning of chapter 72 is amended by inserting

9 after the item relating to section 7254 the following new

10 item:

‘‘7254a. Recall of retired judges.’’.

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

12 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet13 erans Benefits Act of 1999’’.

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

15 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. Adult day health care.

Sec. 102. In-home respite care 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.
65

•S 1076 RS

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.
66

•S 1076 RS

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 of

4 an amendment to, or repeal of, a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of title 38, United States Code.

7 TITLE I—MEDICAL CARE

8 Subtitle A—Long-Term Care

9 SEC. 101. ADULT DAY HEALTH CARE.

10 Section 1720(f)(1)(A)(i) is amended by striking ‘‘sub11 sections (a) through (d) of this section’’ and inserting ‘‘sub12 sections (b) through (d) of this section’’.

13 SEC. 102. IN-HOME RESPITE CARE SERVICES.

14 Section 1720B(b) is amended—

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

16 striking ‘‘or nursing home care’’ and inserting ‘‘,

17 nursing home care, or home-based care’’; and

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

19 home of a veteran’’ after ‘‘in a Department facility’’.
67

•S 1076 RS

1 Subtitle B—Management of Medical

2 Facilities and Property

3 SEC. 111. ENHANCED-USE LEASE AUTHORITY.

4 (a) MAXIMUM TERM OF LEASES.—Section 8162(b)(2)

5 is amended by striking ‘‘may not exceed—’’ and all that

6 follows through the end and inserting ‘‘may not exceed 55

7 years.’’.

8 (b) AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES

9 RELATING TO LEASES.—Section 8162(b)(4) is amended—

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

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

12 (A) in the first sentence, by striking ‘‘only’’;

13 and

14 (B) by striking the second sentence; and

15 (3) by adding at the end the following new sub16 paragraph:

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

18 to capital activities on property that has been leased under

19 this subchapter may be made from amounts appropriated

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

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

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

23 ‘‘December 31, 2011’’.

24 (d) TRAINING AND OUTREACH REGARDING AUTHOR25 ITY.—The Secretary of Veterans Affairs shall take appro-
68

•S 1076 RS

1 priate actions to provide training and outreach to personnel

2 at Department of Veterans Affairs medical centers regard3 ing the enhanced-use lease authority under subchapter V of

4 chapter 81 of title 38, United States Code. The training

5 and outreach shall address methods of approaching poten6 tial lessees in the medical or commercial sectors regarding

7 the possibility of entering into leases under that authority

8 and other appropriate matters.

9 (e) INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR

10 USE OF AUTHORITY.—(1) The Secretary shall take appro11 priate actions to secure from an appropriate entity inde12 pendent of the Department of Veterans Affairs an analysis

13 of opportunities for the use of the enhanced-use lease author14 ity under subchapter V of chapter 81 of title 38, United

15 States Code.

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

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

18 for purposes of identifying Department property that

19 presents an opportunity for lease under the enhanced20 use lease authority;

21 (B) an assessment of the feasibility of entering

22 into enhanced-use leases under that authority in the

23 case of any property identified under subparagraph

24 (A) as presenting an opportunity for such lease; and
69

•S 1076 RS

1 (C) an assessment of the resources required at the

2 Department facilities concerned, and at the Depart3 ment Central Office, in order to facilitate the entering

4 into of enhanced-used leases in the case of property so

5 identified.

6 (3) If as a result of the survey under paragraph (2)(A)

7 the entity determines that a particular Department prop8 erty presents no opportunities for lease under the enhanced9 use lease authority, the analysis shall include the entity’s

10 explanation of that determination.

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

12 that certain Department property presents an opportunity

13 for lease under the enhanced-use lease authority, the anal14 ysis shall include a single integrated business plan, devel15 oped by the entity, that addresses the strategy and resources

16 necessary to implement the plan for all property determined

17 to present an opportunity for such lease.

18 (f) AUTHORITY FOR ENHANCED-USE LEASE OF PROP19 ERTY UNDER BUSINESS PLAN.—(1) The Secretary may

20 enter into an enhanced-use lease of any property identified

21 as presenting an opportunity for such lease under the anal22 ysis under subsection (e) if such lease is consistent with the

23 business plan under paragraph (4) of that subsection.
70

•S 1076 RS

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

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

3 any lease under paragraph (1).

4 SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT

5 BUILDING AT DEPARTMENT OF VETERANS AF6 FAIRS MEDICAL CENTER IN RENO, NEVADA,

7 AFTER JACK STREETER.

8 The hospital bed replacement building under construc9 tion at the Ioannis A. Lougaris Department of Veterans Af10 fairs Medical Center in Reno, Nevada, is hereby designated

11 as the ‘‘Jack Streeter Building’’. Any reference to that

12 building in any law, regulation, map, document, record,

13 or other paper of the United States shall be considered to

14 be a reference to the Jack Streeter Building.

15 Subtitle C—Homeless Veterans

16 SEC. 121. EXTENSION OF PROGRAM OF HOUSING ASSIST17 ANCE FOR HOMELESS VETERANS.

18 Section 3735(c) is amended by striking ‘‘December 31,

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

20 SEC. 122. HOMELESS VETERANS COMPREHENSIVE SERVICE

21 PROGRAMS.

22 (a) PURPOSES OF GRANTS.—Paragraph (1) of section

23 3(a) of the Homeless Veterans Comprehensive Service Pro24 grams Act of 1992 (38 U.S.C. 7721 note) is amended by
71

•S 1076 RS

1 inserting ‘‘, and expanding existing programs for fur2 nishing,’’ after ‘‘new programs to furnish’’.

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

4 Paragraph (2) of that section is amended by striking ‘‘Sep5 tember 30, 1999’’ and inserting ‘‘September 30, 2001’’.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 12

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

8 sentence by inserting ‘‘and $50,000,000 for each of fiscal

9 years 2000 and 2001’’ after ‘‘for fiscal years 1993 through

10 1997’’.

11 SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS FOR

12 HOMELESS VETERANS’ REINTEGRATION

13 PROJECTS.

14 Section 738(e)(1) of the Stewart B. McKinney Home15 less Assistance Act (42 U.S.C. 11448(e)(1) is amended by

16 adding at the end the following:

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

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

19 SEC. 124. REPORT ON IMPLEMENTATION OF GENERAL AC20 COUNTING OFFICE RECOMMENDATIONS RE21 GARDING PERFORMANCE MEASURES.

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

23 date of the enactment of this Act, the Secretary of Veterans

24 Affairs shall submit to the Committees on Veterans’ Affairs

25 of the Senate and the House of Representatives a report con-
72

•S 1076 RS

1 taining a detailed plan for the evaluation by the Depart2 ment of Veterans Affairs of the effectiveness of programs to

3 assist homeless veterans.

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

5 outcome measures which determine whether veterans are

6 housed and employed within six months after housing and

7 employment are secured for veterans under such programs.

8 Subtitle D—Other Health Care

9 Provisions

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

11 OF VETERANS AFFAIRS FACILITIES FOR EN12 ROLLED VETERANS.

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

14 (1) in paragraph (6)—

15 (A) by striking ‘‘and’’ at the end of sub16 paragraph (A);

17 (B) by striking the period at the end of sub18 paragraph (B) and inserting ‘‘; and’’; and

19 (C) by inserting after subparagraph (B) the

20 following new subparagraph:

21 ‘‘(C) emergency care, or reimbursement for such

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

23 1728(a)(2)(E) of this title.’’; and

24 (2) by adding at the end the following new para25 graph:
73

•S 1076 RS

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

2 means a medical condition manifesting itself by acute

3 symptoms of sufficient severity (including severe

4 pain) such that a prudent layperson, who possesses

5 an average knowledge of health and medicine, could

6 reasonably expect the absence of immediate medical

7 attention to result in—

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

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

10 health of the woman or her unborn child) in seri11 ous jeopardy;

12 ‘‘(B) serious impairment to bodily func13 tions; or

14 ‘‘(C) serious dysfunction of any bodily

15 organ or part.’’.

16 (b) CONTRACT CARE.—Section 1703(a)(3) is amended

17 by striking ‘‘medical emergencies’’ and all that follows

18 through ‘‘health of a veteran’’ and inserting ‘‘an emergency

19 medical condition of a veteran who is enrolled under section

20 1705 of this title or who is’’.

21 (c) REIMBURSEMENT OF EXPENSES FOR EMERGENCY

22 CARE.—Section 1728(a)(2) is amended—

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

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

25 the following: ‘‘, or (E) for any emergency medical
74

•S 1076 RS

1 condition of a veteran enrolled under section 1705 of

2 this title’’.

3 (d) PAYMENT PRIORITY.—Section 1705 is amended by

4 adding at the end the following new subsection:

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

6 section 1703(a)(3) of this title, and as a condition of pay7 ment under section 1728(a)(2) of this title, that payment

8 by the Secretary for treatment under such contract, or

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

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

11 with respect to such treatment under part A or part B of

12 the Medicare program and after any payment that may be

13 made with respect to such treatment by a third-party insur14 ance provider.’’.

15 (e) EFFECTIVE DATE.—The amendments made by this

16 section shall apply with respect to care or services provided

17 on or after the date of the enactment of this Act.

18 SEC. 132. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH

19 SERVICES FOR VETERANS.

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

21 amended by inserting after section 1712B the following new

22 section:
75

•S 1076 RS

1 ‘‘§ 1712C. Specialized mental health services

2 ‘‘(a) The Secretary shall carry out programs for pur3 poses of enhancing the provision of specialized mental

4 health services to veterans.

5 ‘‘(b) The programs carried out by the Secretary under

6 subsection (a) shall include the following:

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

8 Traumatic Stress Disorder (PTSD), including pro9 grams for—

10 ‘‘(A) the establishment and operation of ad11 ditional outpatient and residential treatment fa12 cilities for Post Traumatic Stress Disorder in

13 areas that are underserved by existing programs

14 relating to Post Traumatic Stress Disorder, as

15 determined by qualified mental health personnel

16 of the Department who oversee such programs;

17 ‘‘(B) the provision of services in response to

18 the specific needs of veterans with Post Trau19 matic Stress Disorder and related disorders, in20 cluding short-term or long-term care services that

21 combine residential treatment of Post Traumatic

22 Stress Disorder;

23 ‘‘(C) the provision of Post Traumatic Stress

24 Disorder or dedicated case management services

25 on an outpatient basis; and
76

•S 1076 RS

1 ‘‘(D) the enhancement of staffing of existing

2 programs relating to Post Traumatic Stress Dis3 order which have exceeded the projected work4 loads for such programs.

5 ‘‘(2) Programs relating to substance use dis6 orders, including programs for—

7 ‘‘(A) the establishment and operation of ad8 ditional Department-based or community-based

9 residential treatment facilities;

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

11 opioid treatment services, including the establish12 ment and operation of additional programs for

13 the provision of opioid treatment services; and

14 ‘‘(C) the reestablishment or enhancement of

15 substance use disorder services at facilities at

16 which such services have been eliminated or cur17 tailed, with an emphasis on the reestablishment

18 or enhancement of services at facilities where de19 mand for such services is high or which serve

20 large geographic areas.

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

22 of funds for the programs carried out under this section

23 in a centralized manner.

24 ‘‘(2) The allocation of funds for such programs shall—
77

•S 1076 RS

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

2 funds conducted by qualified mental health personnel

3 of the Department who oversee such programs; and

4 ‘‘(B) emphasize, to the maximum extent prac5 ticable, the availability of funds for the programs de6 scribed in paragraphs (1) and (2) of subsection (b).’’.

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

8 17 is amended by inserting after the item relating to section

9 1712B the following new item:

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

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

11 2000, 2001, and 2002, the Secretary of Veterans Affairs

12 shall submit to Congress a report on the programs carried

13 out by the Secretary under section 1712C of title 38, United

14 States Code (as added by subsection (a)).

15 (2) The report shall, for the period beginning on the

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

17 of the report—

18 (A) describe the programs carried out under such

19 section 1712C;

20 (B) set forth the number of veterans provided

21 services under such programs; and

22 (C) set forth the amounts expended for purposes

23 of carrying out such programs.
78

•S 1076 RS

1 SEC. 133. TREATMENT AND SERVICES FOR DRUG OR ALCO2 HOL DEPENDENCY.

3 Section 1720A(c) is amended—

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

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

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

7 (B) by striking ‘‘unless such transfer is dur8 ing the last thirty days of such member’s enlist9 ment or tour of duty’’; and

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

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

12 enlistment period or tour of duty’’.

13 SEC. 134. ALLOCATION TO DEPARTMENT OF VETERANS AF14 FAIRS HEALTH CARE FACILITIES OF

15 AMOUNTS IN MEDICAL CARE COLLECTIONS

16 FUND.

17 Section 1729A(d) is amended—

18 (1) by striking ‘‘(1)’’;

19 (2) by striking ‘‘each designated health care re20 gion’’ and inserting ‘‘each Department health care fa21 cility’’;

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

23 ‘‘each facility’’;

24 (4) by striking ‘‘such region’’ both places it ap25 pears and inserting ‘‘such facility’’; and

26 (4) by striking paragraph (2).
79

•S 1076 RS

1 SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF WAR AU2 THORITIES.

3 (a) THREE-YEAR EXTENSION OF NEWSLETTER ON

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

5 War Veterans’ Benefits Act (title I of Public Law 103–446;

6 108 Stat. 4659; 38 U.S.C. 1117 note) is amended by strik7 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

8 2002’’.

9 (b) THREE-YEAR EXTENSION OF PROGRAM FOR EVAL10 UATION OF HEALTH OF SPOUSES AND CHILDREN.—Section

11 107(b) of Persian Gulf War Veterans’ Benefits Act (title I

12 of Public Law 103–446; 38 U.S.C. 1117 note) is amended

13 by striking ‘‘December 31, 1999’’ and inserting ‘‘December

14 31, 2002’’.

15 SEC. 136. REPORT ON COORDINATION OF PROCUREMENT

16 OF PHARMACEUTICALS AND MEDICAL SUP17 PLIES BY THE DEPARTMENT OF VETERANS

18 AFFAIRS AND THE DEPARTMENT OF DE19 FENSE.

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

21 the Secretary of Veterans Affairs and the Secretary of De22 fense shall jointly submit to the Committees on Veterans’

23 Affairs and Armed Services of the Senate and the Commit24 tees on Veterans’ Affairs and Armed Services of the House

25 of Representatives a report on the cooperation between the

26 Department of Veterans Affairs and the Department of De-
80

•S 1076 RS

1 fense in the procurement of pharmaceuticals and medical

2 supplies.

3 (b) REPORT ELEMENTS.—The report under subsection

4 (a) shall include the following:

5 (1) A description of the current cooperation be6 tween the Department of Veterans Affairs and the De7 partment of Defense in the procurement of pharma8 ceuticals and medical supplies.

9 (2) An assessment of the means by which co10 operation between the departments in such procure11 ment could be enhanced or improved.

12 (3) A description of any existing memoranda of

13 agreement between the Department of Veterans Affairs

14 and the Department of Defense that provide for the

15 cooperation referred to in subsection (a).

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

17 agreements will have on current staffing levels at the

18 Defense Supply Center in Philadelphia, Pennsyl19 vania, and the Department of Veterans Affairs Na20 tional Acquisition Center in Hines, Illinois.

21 (5) A description of the effects, if any, of such co22 operation on military readiness.

23 (6) A comprehensive assessment of cost savings

24 realized and projected over the five fiscal year period

25 beginning in fiscal year 1999 for the Department of
81

•S 1076 RS

1 Veterans Affairs and the Department of Defense as a

2 result of such cooperation, and the overall savings to

3 the Treasury of the United States as a result of such

4 cooperation.

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

6 pharmaceuticals for which cooperative agreements

7 would not be appropriate and the reason or reasons

8 therefor.

9 (8) An assessment of the extent to which coopera10 tive agreements could be expanded to include medical

11 equipment, major systems, and durable goods used in

12 the delivery of health care by the Department of Vet13 erans Affairs and the Department of Defense.

14 (9) A description of the effects such agreements

15 might have on distribution of items purchased coop16 eratively by the Department of Veterans Affairs and

17 the Department of Defense, particularly outside the

18 continental United States.

19 (10) An assessment of the potential to establish

20 common pharmaceutical formularies between the De21 partment of Veterans Affairs and the Department of

22 Defense.

23 (11) An explanation of the current Uniform

24 Product Number (UPN) requirements of each Depart25 ment and of any planned standardization of such re-
82

•S 1076 RS

1 quirements between the Departments for medical

2 equipment and durable goods manufacturers.

3 SEC. 137. REIMBURSEMENT OF MEDICAL EXPENSES OF VET4 ERANS LOCATED IN ALASKA.

5 (a) PRESERVATION OF CURRENT REIMBURSEMENT

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

7 Secretary of Veterans Affairs shall, for purposes of reim8 bursing veterans in Alaska for medical expenses under sec9 tion 1728 of title 38, United States Code, during the one10 year period beginning on the date of the enactment of this

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

12 such purposes on July 31, 1999, rather than the Partici13 pating Physician Fee Schedule under the Medicare pro14 gram.

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

16 date of the enactment of this Act, the Secretary of Veterans

17 Affairs and the Secretary of Health and Human Services

18 shall jointly submit to the Committees on Veterans’ Affairs

19 of the Senate and the House of Representatives a report and

20 recommendation on the use of the Participating Physician

21 Fee Schedule under the Medicare program as a means of

22 calculating reimbursement rates for medical expenses of vet23 erans located in Alaska under section 1728 of title 38,

24 United States Code.

25 (2) The report shall—
83

•S 1076 RS

1 (A) assess the differences between health care

2 costs in Alaska and health care costs in the conti3 nental United States;

4 (B) describe any differences between the costs of

5 providing health care in Alaska and the reimburse6 ment rates for the provision of health care under the

7 Participating Physician Fee Schedule; and

8 (C) assess the effects on health care for veterans

9 in Alaska of implementing the Participating Physi10 cian Fee Schedule as a means of calculating reim11 bursement rates for medical expenses of veterans lo12 cated in Alaska under section 1728 of title 38, United

13 States Code.

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

15 UNDER SECRETARY FOR HEALTH AND UNDER

16 SECRETARY FOR BENEFITS.

17 (a) UNDER SECRETARY FOR HEALTH.—Section 305 is

18 amended—

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

20 (2) by redesignating subsection (d) as subsection

21 (c).

22 (b) UNDER SECRETARY FOR BENEFITS.—Section 306

23 is amended—

24 (1) by striking subsection (c); and
84

•S 1076 RS

1 (2) by redesignating subsection (d) as subsection

2 (c).

3 (c) APPLICABILITY.—The amendments made by sub4 sections (a) and (b) shall take effect on the date of the enact5 ment of this Act and shall apply with respect to individuals

6 appointed as Under Secretary for Health and Under Sec7 retary for Benefits, respectively, on or after that date.

8 Subtitle E—Major Medical Facility

9 Projects Construction Authoriza10 tion

11 SEC. 141. AUTHORIZATION OF MAJOR MEDICAL FACILITY

12 PROJECTS.

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

14 may carry out the following major medical facility projects,

15 with each project to be carried out in the amount specified

16 for that project:

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

18 the Department of Veterans Affairs Medical Center,

19 Lebanon, Pennsylvania, in an amount not to exceed

20 $14,500,000.

21 (2) Renovations and environmental improve22 ments at the Department of Veterans Affairs Medical

23 Center, Fargo, North Dakota, in an amount not to ex24 ceed $12,000,000.
85

•S 1076 RS

1 (3) Construction of a surgical suite and post-an2 esthesia care unit at the Department of Veterans Af3 fairs Medical Center, Kansas City, Missouri, in an

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

5 (b) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be ap7 propriated to the Secretary of Veterans Affairs for fis8 cal year 2000 for the Construction, Major Projects,

9 Account $213,100,000 for the projects authorized in

10 subsection (a) and for the continuation of projects au11 thorized in section 701(a) of the Veterans Programs

12 Enhancement Act of 1998 (Public Law 105–368; 112

13 Stat. 3348).

14 (2) LIMITATION ON FISCAL YEAR 2000

15 PROJECTS.—The projects authorized in subsection (a)

16 may only be carried out using—

17 (A) funds appropriated for fiscal year 2000

18 pursuant to the authorizations of appropriations

19 in subsection (a);

20 (B) funds appropriated for Construction,

21 Major Projects, for a fiscal year before fiscal year

22 2000 that remain available for obligation; and

23 (C) funds appropriated for Construction,

24 Major Projects, for fiscal year 2000 for a cat25 egory of activity not specific to a project.
86

•S 1076 RS

1 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999

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

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

4 (1) by redesignating subparagraphs (B) and (C)

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

6 (2) by inserting after subparagraph (A) the fol7 lowing new subparagraph (B):

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

9 pursuant to the authorization of appropriations in

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

11 1999;’’.

12 TITLE II—BENEFITS MATTERS

13 SEC. 201. PAYMENT RATE OF CERTAIN BURIAL BENEFITS

14 FOR CERTAIN FILIPINO VETERANS.

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

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

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

18 and

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

20 ‘‘(c)(1) In the case of an individual described in para21 graph (2), payments under section 2302 or 2303 of this title

22 by reason of subsection (a)(3) shall be made at the rate of

23 $1 for each dollar authorized.

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

25 service is described in subsection (a) and who dies after the
87

•S 1076 RS

1 date of the enactment of the Veterans Benefits Act of 1999

2 if the individual, on the individual’s date of death—

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

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

5 ‘‘(C) either—

6 ‘‘(i) is receiving compensation under chap7 ter 11 of this title; or

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

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

10 been paid pension under section 1521 of this title

11 without denial or discontinuance by reason of

12 section 1522 of this title.’’.

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

14 person for any period before the date of the enactment of

15 this Act by reason of the amendments made by subsection

16 (a).

17 SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN A RE18 GIONAL OFFICE IN THE REPUBLIC OF THE

19 PHILIPPINES.

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

21 1999’’ and inserting ‘‘December 31, 2004’’.

22 SEC. 203. EXTENSION OF ADVISORY COMMITTEE ON MINOR23 ITY VETERANS.

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

25 1999’’ and inserting ‘‘December 31, 2004’’.
88

•S 1076 RS

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 para9 graph:

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 fur15 ther 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’’.
89

•S 1076 RS

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 (f)

7 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, United

11 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 sub22 section (a) shall take effect as if included in the amendment

23 made to section 3304 of title 5, United States Code, by sec24 tion 2 of the Veterans Employment Opportunities Act of

25 1998 (Public Law 105–339; 112 Stat. 3182), to which such

26 amendments relate.
90

•S 1076 RS

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 add10 ing at the end the following new section:

11 ‘‘§ 2412. Arlington National Cemetery: persons eligible

12 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 dies

17 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 have

21 been entitled) to retired pay under chapter 1223 of

22 title 10.

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

24 separated for physical disability before October 1,

25 1949, who—
91

•S 1076 RS

1 ‘‘(A) served on active duty; and

2 ‘‘(B) would have been eligible for retirement

3 under the provisions of section 1201 of title 10

4 (relating to retirement for disability) had that

5 section been in effect on the date of separation of

6 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 Force

13 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.
92

•S 1076 RS

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 of

5 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 outside

9 the United States in the course of such service.

10 ‘‘(8) Any individual whose eligibility is author11 ized in accordance with subsection (b).

12 ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BURIAL.—(1)

13 In the case of a former member of the Armed Forces not

14 otherwise covered by subsection (a) whose last discharge or

15 separation from active duty was under honorable condi16 tions, if the Secretary of Defense makes a determination re17 ferred to in paragraph (3) with respect to such member,

18 the Secretary of Defense may authorize the burial of the

19 remains of such former member in Arlington National Cem20 etery under subsection (a)(8).

21 ‘‘(2) In the case of any individual not otherwise cov22 ered by subsection (a) or paragraph (1), if the President

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

24 respect to such individual, the President may authorize the
93

•S 1076 RS

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 individual

6 concerned are of equal or similar merit to the acts, service,

7 or other contributions to the Nation of any of the persons

8 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 De11 fense, as the case may be, shall submit to the Committees

12 on Veterans’ Affairs of the Senate and the House of Rep13 resentatives a report on the authorization not later than

14 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 De22 fense, as the case may be, shall publish in the Federal Reg23 ister a notice of the authorization as soon as practicable

24 after the authorization.

25 ‘‘(B) Each notice under subparagraph (A) shall—
94

•S 1076 RS

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 remains

6 of the following individuals may be buried in Arlington Na7 tional Cemetery:

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

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

10 the discretion of the Superintendent, unmarried adult

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

12 buried in the same gravesite as that person.

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

14 the same gravesite may not be used due to insufficient

15 space, a person otherwise eligible under that subpara16 graph may be interred in a gravesite adjoining the

17 gravesite of the person listed in subsection (a) if space

18 in such adjoining gravesite had been reserved for the

19 burial of such person otherwise eligible under that

20 subparagraph before January 1962.

21 ‘‘(2)(A) The spouse, minor child, and, at the dis22 cretion of the Superintendent, unmarried adult child

23 of a member of the Armed Forces on active duty if

24 such spouse, minor child, or unmarried adult child

25 dies while such member is on active duty.
95

•S 1076 RS

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

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

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

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

6 adult child whose remains, based on the eligibility of

7 a parent, are already buried in Arlington National

8 Cemetery, but only if buried in the same gravesite as

9 that minor child or unmarried adult child.

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

12 the Superintendent, unmarried adult child of a mem13 ber of the Armed Forces who was lost, buried at sea,

14 or officially determined to be permanently absent in

15 a status of missing or missing in action.

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

18 member is placed in a cemetery in the national ceme19 tery system, unless the memorial is removed. A memo20 rial removed under this subparagraph may be placed,

21 at the discretion of the Superintendent, in Arlington

22 National Cemetery.

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

24 the discretion of the Superintendent, unmarried adult

25 child of a member of the Armed Forces buried in a
96

•S 1076 RS

1 cemetery under the jurisdiction of the American Bat2 tle Monuments Commission.

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

4 surviving spouse of a person whose remains are buried in

5 Arlington National Cemetery by reason of eligibility under

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

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

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

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

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

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

15 gravesite as the gravesite in which the parent, who is eligi16 ble for burial under subsection (a), has been or will be bur17 ied.

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

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

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

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

24 ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ARLING25 TON NATIONAL CEMETERY.—Eligibility for burial of re-
97

•S 1076 RS

1 mains in Arlington National Cemetery prescribed under

2 this section is the exclusive eligibility for such burial.

3 ‘‘(h) APPLICATION FOR BURIAL.—A request for burial

4 of remains of an individual in Arlington National Ceme5 tery made before the death of the individual may not be

6 considered by the Secretary of the Army, the Secretary of

7 Defense, or any other responsible official.

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

9 Secretary of the Army shall maintain a register of each in10 dividual buried in Arlington National Cemetery and shall

11 make such register available to the public.

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

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

14 description of the basis of eligibility of the individual for

15 burial in Arlington National Cemetery.

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

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

18 Forces’ means—

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

20 retired list who served on active duty and who

21 is entitled to retired pay;

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

23 Fleet Marine Corps Reserve who served on active

24 duty and who is entitled to retainer pay; and
98

•S 1076 RS

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

2 the Armed Forces who has served on active duty

3 and who has received notice from the Secretary

4 concerned under section 12731(d) of title 10 of

5 eligibility for retired pay under chapter 1223 of

6 title 10.

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

8 Forces’ includes a person whose service is considered

9 active duty service pursuant to a determination of the

10 Secretary of Defense under section 401 of Public Law

11 95–202 (38 U.S.C. 106 note).

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

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

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

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

16 (b) PUBLICATION OF UPDATED PAMPHLET.—Not later

17 than 180 days after the date of enactment of this Act, the

18 Secretary of the Army shall publish an updated pamphlet

19 describing eligibility for burial in Arlington National Cem20 etery. The pamphlet shall reflect the provisions of section

21 2412 of title 38, United States Code, as added by subsection

22 (a).

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

24 amended—
99

•S 1076 RS

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

2 entitled)’’ after ‘‘was entitled’’;

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

4 ‘‘chapter 1223’’; and

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

6 and all that follows and inserting a period.

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

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

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

10 the enactment of this Act.

11 SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL12 UMBARIUM IN ARLINGTON NATIONAL CEME13 TERY.

14 (a) IN GENERAL.—(1) Chapter 24 is amended by add15 ing after section 2412, as added by section 302(a)(1) of this

16 Act, the following new section:

17 ‘‘§ 2413. Arlington National Cemetery: persons eligible

18 for placement in columbarium

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

21 Arlington National Cemetery:

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

23 National Cemetery under section 2412 of this title.
100

•S 1076 RS

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

2 duty service (other than active duty for training)

3 ended honorably.

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

5 and, at the discretion of the Superintendent of Arling6 ton National Cemetery, unmarried adult child of such

7 a veteran.

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

9 to a spouse under this section in the same manner as it

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

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

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

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

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

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

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

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

17 the enactment of this Act.

18 Subtitle B—World War II Memorial

19 SEC. 311. SHORT TITLE.

20 This subtitle may be cited as the ‘‘World War II Memo21 rial Completion Act’’.
101

•S 1076 RS

1 SEC. 312. FUND RAISING BY AMERICAN BATTLE MONU2 MENTS COMMISSION FOR WORLD WAR II ME3 MORIAL.

4 (a) CODIFICATION OF EXISTING AUTHORITY; EXPAN5 SION OF AUTHORITY.—(1) Chapter 21 of title 36, United

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

7 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 (107

13 Stat. 90) to be established by the American Battle

14 Monuments Commission on Federal land in the Dis15 trict of Columbia or its environs to honor members of

16 the Armed Forces who served in World War II and

17 to commemorate the participation of the United

18 States in that war.

19 ‘‘(2) The term ‘Commission’ means the American

20 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 so-
102

•S 1076 RS

1 licit and accept contributions for the World War II memo2 rial.

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 Com10 mission for the World War II memorial under the

11 World War II 50th Anniversary Commemorative

12 Coins Act.

13 ‘‘(D) Amounts borrowed using the authority pro14 vided under subsection (e).

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

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

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

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

19 in the memorial fund the amounts accepted as contributions

20 under subsection (b). The Secretary of the Treasury shall

21 credit to the memorial fund the interest on, and the proceeds

22 from sale or redemption of, obligations held in the memorial

23 fund.

24 ‘‘(3) The Secretary of the Treasury shall invest any

25 portion of the memorial fund that, as determined by the
103

•S 1076 RS

1 Chairman of the Commission, is not required to meet cur2 rent expenses. Each investment shall be made in an interest

3 bearing obligation of the United States or an obligation

4 guaranteed as to principal and interest by the United

5 States that, as determined by the Chairman of the Commis6 sion, has a maturity suitable for the memorial fund.

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

8 shall be available to the Commission for—

9 ‘‘(1) the expenses of establishing the World War

10 II memorial, including the maintenance and preser11 vation amount provided for in section 8(b) of the

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

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

14 maintenance, with respect to the World War II memo15 rial as the Commission considers warranted; and

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

17 and license any mark, copyright or patent that is

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

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

20 the construction of the World War II memorial.

21 ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To assure

22 that groundbreaking, construction, and dedication of the

23 World War II memorial are completed on a timely basis,

24 the Commission may borrow money from the Treasury of

25 the United States in such amounts as the Commission con-
104

•S 1076 RS

1 siders necessary, but not to exceed a total of $65,000,000.

2 Borrowed amounts shall bear interest at a rate determined

3 by the Secretary of the Treasury, taking into consideration

4 the average market yield on outstanding marketable obliga5 tions of the United States of comparable maturities during

6 the month preceding the month in which the obligations of

7 the Commission are issued. The interest payments on such

8 obligations may be deferred with the approval of the Sec9 retary of the Treasury, but any interest payment so deferred

10 shall also bear interest.

11 ‘‘(2) The borrowing of money by the Commission under

12 paragraph (1) shall be subject to such maturities, terms,

13 and conditions as may be agreed upon by the Commission

14 and the Secretary of the Treasury, except that the matu15 rities may not exceed 20 years and such borrowings may

16 be redeemable at the option of the Commission before matu17 rity.

18 ‘‘(3) The obligations of the Commission shall be issued

19 in amounts and at prices approved by the Secretary of the

20 Treasury. The authority of the Commission to issue obliga21 tions under this subsection shall remain available without

22 fiscal year limitation. The Secretary of the Treasury shall

23 purchase any obligations of the Commission to be issued

24 under this subsection, and for such purpose the Secretary

25 of the Treasury may use as a public debt transaction of
105

•S 1076 RS

1 the United States the proceeds from the sale of any securi2 ties issued under chapter 31 of title 31. The purposes for

3 which securities may be issued under such chapter are ex4 tended to include any purchase of the Commission’s obliga5 tions under this subsection.

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

7 funds borrowed by the Commission under paragraph (1)

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

9 Commission may not use for such purpose any funds appro10 priated for any other activities of the Commission.

11 ‘‘(f) TREATMENT OF BORROWING AUTHORITY.—In de12 termining whether the Commission has sufficient funds to

13 complete construction of the World War II memorial, as re14 quired by section 8 of the Commemorative Works Act (40

15 U.S.C. 1008), the Secretary of the Interior shall consider

16 the funds that the Commission may borrow from the Treas17 ury under subsection (e) as funds available to complete con18 struction of the memorial, whether or not the Commission

19 has actually exercised the authority to borrow such funds.

20 ‘‘(g) VOLUNTARY SERVICES.—(1) Notwithstanding sec21 tion 1342 of title 31, the Commission may accept from any

22 person voluntary services to be provided in furtherance of

23 the fund-raising activities of the Commission relating to the

24 World War II memorial.
106

•S 1076 RS

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

2 subsection shall be considered to be a Federal employee for

3 purposes of chapter 81 of title 5, relating to compensation

4 for work-related injuries, and chapter 171 of title 28, relat5 ing to tort claims. A volunteer who is not otherwise em6 ployed by the Federal Government shall not be considered

7 to be a Federal employee for any other purpose by reason

8 of the provision of such voluntary service, except that any

9 volunteers given responsibility for the handling of funds or

10 the carrying out of a Federal function are subject to the

11 conflict of interest laws contained in chapter 11 of title 18,

12 and the administrative standards of conduct contained in

13 part 2635 of title 5, Code of Federal Regulations.

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

15 of incidental expenses which are incurred by a person pro16 viding voluntary services under this subsection. The Com17 mission shall determine which expenses are eligible for re18 imbursement under this paragraph.

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

20 require Federal employees to work without compensation or

21 to allow the use of volunteer services to displace or replace

22 Federal employees.

23 ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A con24 tract entered into by the Commission for the design or con25 struction of the World War II memorial is not a funding
107

•S 1076 RS

1 agreement as that term is defined in section 201 of title

2 35.

3 ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH ME4 MORIAL.—Notwithstanding section 10 of the Commemora5 tive Works Act (40 U.S.C. 1010), the legislative authoriza6 tion for the construction of the World War II memorial con7 tained in Public Law 103–32 (107 Stat. 90) shall not ex8 pire until December 31, 2005.’’.

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

10 21 of title 36, United States Code, is amended by adding

11 at the end the following new item:

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

12 (b) CONFORMING AMENDMENTS.—Public Law 103–32

13 (107 Stat. 90) is amended by striking sections 3, 4, and

14 5.

15 (c) EFFECT OF REPEAL OF CURRENT MEMORIAL

16 FUND.—Upon the date of the enactment of this Act, the Sec17 retary of the Treasury shall transfer amounts in the fund

18 created by section 4(a) of Public Law 103–32 (107 Stat.

19 91) to the fund created by section 2113 of title 36, United

20 States Code, as added by subsection (a).

21 SEC. 313. GENERAL AUTHORITY OF AMERICAN BATTLE

22 MONUMENTS COMMISSION TO SOLICIT AND

23 RECEIVE CONTRIBUTIONS.

24 Subsection (e) of section 2103 of title 36, United States

25 Code, is amended to read as follows:
108

•S 1076 RS

1 ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU2 TIONS.—(1) The Commission may solicit and receive funds

3 and in-kind donations and gifts from any State, municipal,

4 or private source to carry out the purposes of this chapter.

5 The Commission shall deposit such funds in a separate ac6 count in the Treasury. Funds from this account shall be

7 disbursed upon vouchers approved by the Chairman of the

8 Commission as well as by a Federal official authorized to

9 sign payment vouchers.

10 ‘‘(2) The Commission shall establish written guidelines

11 setting forth the criteria to be used in determining whether

12 the acceptance of funds and in-kind donations and gifts

13 under paragraph (1) would—

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

15 Commission, or any employee of the Commission, to

16 carry out the responsibilities or official duties of the

17 Commission in a fair and objective manner; or

18 ‘‘(B) compromise the integrity or the appearance

19 of the integrity of the programs of the Commission or

20 any official involved in those programs.’’.

21 SEC. 314. INTELLECTUAL PROPERTY AND RELATED ITEMS.

22 Section 2103 of title 36, United States Code, is amend23 ed by adding at the end the following new subsection:

24 ‘‘(l) INTELLECTUAL PROPERTY AND RELATED

25 ITEMS.—(1) The Commission may—
109

•S 1076 RS

1 ‘‘(A) adopt, use, register, and license trademarks,

2 service marks, and other marks;

3 ‘‘(B) obtain, use, register, and license the use of

4 copyrights consistent with section 105 of title 17;

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

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

7 and licenses for use by the Commission.

8 ‘‘(2) The Commission may grant exclusive and non9 exclusive licenses in connection with any mark, copyright,

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

11 patent, except to extent the grant of such license by the Com12 mission would be contrary to any contract or license by

13 which the use of such mark, copyright or patent was ob14 tained.

15 ‘‘(3) The Commission may enforce any mark, copy16 right, or patent by an action in the district courts under

17 any law providing for the protection of such marks, copy18 rights, or patents.

19 ‘‘(4) The Attorney General shall furnish the Commis20 sion with such legal representation as the Commission may

21 require under paragraph (3). The Secretary of Defense shall

22 provide representation for the Commission in administra23 tive proceedings before the Patent and Trademark Office

24 and Copyright Office.
110

•S 1076 RS

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

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

3 TITLE IV—UNITED STATES

4 COURT OF APPEALS FOR VET5 ERANS CLAIMS

6 SEC. 401. TEMPORARY SERVICE OF CERTAIN JUDGES OF

7 UNITED STATES COURT OF APPEALS FOR

8 VETERANS CLAIMS UPON EXPIRATION OF

9 THEIR TERMS OR RETIREMENT.

10 (a) AUTHORITY FOR TEMPORARY SERVICE.—(1) Not11 withstanding subsection (c) of section 7253 of title 38,

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

13 section, a judge of the Court whose term on the Court ex14 pires in 2004 or 2005 and completes such term, or who re15 tires from the Court under section 7296(b)(1) of such title,

16 may continue to serve on the Court after the expiration of

17 the judge’s term or retirement, as the case may be, without

18 reappointment for service on the Court under such section

19 7253.

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

21 paragraph (1) only if the judge submits to the chief judge

22 of the Court written notice of an election to so serve 30 days

23 before the earlier of—

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

25 Court as described in that paragraph; or
111

•S 1076 RS

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

2 and service requirements for eligibility for retirement

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

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

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

6 section, may not exceed 7.

7 (b) PERIOD OF TEMPORARY SERVICE.—(1) The service

8 of a judge on the Court under this section may continue

9 until the earlier of—

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

11 which the chief judge of the Court submits to the

12 President and Congress a written certification based

13 on the projected caseload of the Court that the work

14 of the Court can be performed in a timely and effi15 cient manner by judges of the Court under this sec16 tion who are senior on the Court to the judge electing

17 to continue to provide temporary service under this

18 section or without judges under this section; or

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

20 the position on the Court occupied by the judge under

21 this section is qualified for the position.

22 (2) Subsections (f) and (g) of section 7253 of title 38,

23 United States Code, shall apply with respect to the service

24 of a judge on the Court under this section.
112

•S 1076 RS

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

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

3 the Court occupied by a judge under this section is qualified

4 another position on the Court is vacant, the judge may serve

5 in such other position under this section.

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

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

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

9 under that paragraph.

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

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

12 Court continues under this section shall be paid for the pe13 riod of service under this section an amount as follows:

14 (A) In the case of a person eligible to receive re15 tired pay under subchapter V of chapter 72 of title

16 38, United States Code, or a retirement annuity

17 under subchapter III of chapter 83 or subchapter II

18 of chapter 84 of title 5, United States Code, as appli19 cable, an amount equal to one-half of the amount of

20 the current salary payable to a judge of the Court

21 under chapter 72 of title 38, United States Code, hav22 ing a status on the Court equivalent to the highest

23 status on the Court attained by the person.

24 (B) In the case of a person not eligible to receive

25 such retired pay or such retirement annuity, an
113

•S 1076 RS

1 amount equal to the amount of current salary pay2 able to a judge of the Court under such chapter 72

3 having a status on the Court equivalent to the highest

4 status on the Court attained by the person.

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

6 described in paragraph (1)(A)—

7 (A) shall not be treated as—

8 (i) compensation for employment with the

9 United States for purposes of section 7296(e) of

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

11 title 5, United States Code, relating to the re12 ceipt or forfeiture of retired pay or retirement

13 annuities by a person accepting compensation

14 for employment with the United States; or

15 (ii) pay for purposes of deductions or con16 tributions for or on behalf of the person to re17 tired pay under subchapter V of chapter 72 of

18 title 38, United States Code, or under chapter 83

19 or 84 of title 5, United States Code, as applica20 ble; but

21 (B) may, at the election of the person, be treated

22 as pay for purposes of deductions or contributions for

23 or on behalf of the person to a retirement or other an24 nuity, or both, under subchapter V of chapter 72 of
114

•S 1076 RS

1 title 38, United States Code, or under chapter 83 or

2 84 of title 5, United States Code, as applicable.

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

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

5 purposes of deductions or contributions for or on behalf of

6 the person to retired pay or a retirement or other annuity

7 under subchapter V of chapter 72 of title 38, United States

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

9 Code, as applicable.

10 (4) Amounts paid under this subsection shall be de11 rived from amounts available for payment of salaries and

12 benefits of judges of the Court.

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

14 of the Court under this section of a person who makes an

15 election provided for under subsection (d)(2)(B) shall con16 stitute creditable service toward the judge’s years of judicial

17 service for purposes of section 7297 of title 38, United States

18 Code, with such service creditable at a rate equal to the

19 rate at which such service would be creditable for such pur20 poses if served by a judge of the Court under chapter 72

21 of that title.

22 (2) The service as a judge of the Court under this sec23 tion of a person paid salary under subsection (d)(1)(B)

24 shall constitute creditable service of the person toward re25 tirement under subchapter V of chapter 72 of title 38,
115

•S 1076 RS

1 United States Code, or subchapter III of chapter 83 or sub2 chapter II of chapter 84 of title 5, United States Code, as

3 applicable.

4 (f) ELIGIBILITY FOR ADDITIONAL SERVICE.—The serv5 ice of a person as a judge of the Court under this section

6 shall not affect the eligibility of the person for appointment

7 to an additional term or terms on the Court, whether in

8 the position occupied by the person under this section or

9 in another position on the Court.

10 (g) TREATMENT OF PARTY MEMBERSHIP.—For pur11 poses of determining compliance with the last sentence of

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

13 membership of a judge serving on the Court under this sec14 tion shall not be taken into account.

15 SEC. 402. MODIFIED TERMS FOR CERTAIN JUDGES OF

16 UNITED STATES COURT OF APPEALS FOR

17 VETERANS CLAIMS.

18 (a) MODIFIED TERMS.—Notwithstanding section

19 7253(c) of title 38, United States Code, the term of any

20 judge of the Court who is appointed to a position on the

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

22 (b) ELIGIBILITY FOR RETIREMENT.—(1) For purposes

23 of determining the eligibility to retire under section 7296

24 of title 38, United States Code, of a judge appointed as de25 scribed in subsection (a)—
116

•S 1076 RS

1 (A) the age and service requirements in the table

2 in paragraph (2) shall apply to the judge instead of

3 the age and service requirements in the table in sub4 section (b)(1) of that section that would otherwise

5 apply to the judge; and

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

7 judge for eligibility to retire under the first sentence

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

9 instead of 15 years.

10 (2) The age and service requirements in this para11 graph are as follows:

And the years

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

12 SEC. 403. TEMPORARY AUTHORITY FOR VOLUNTARY SEPA13 RATION INCENTIVES FOR CERTAIN JUDGES

14 ON UNITED STATES COURT OF APPEALS FOR

15 VETERANS CLAIMS.

16 (a) TEMPORARY AUTHORITY.—A voluntary separation

17 incentive payment may be paid in accordance with this sec18 tion to any judge of the Court described in subsection (c).

19 (b) AMOUNT OF INCENTIVE PAYMENT.—The amount of

20 a voluntary separation incentive payment paid to a judge

21 under this section shall be $25,000.
117

•S 1076 RS

1 (c) COVERED JUDGES.—A voluntary separation incen2 tive payment may be paid under this section to any judge

3 of the Court who—

4 (1) meets the age and service requirements for re5 tirement set forth in section 7296(b)(1) of title 38,

6 United States Code, as of the date on which the judge

7 retires from the Court;

8 (2) submits a notice of an intent to retire in ac9 cordance with subsection (d); and

10 (3) retires from the Court under that section not

11 later than 30 days after the date on which the judge

12 meets such age and service requirements.

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

14 the Court seeking payment of a voluntary separation incen15 tive payment under this section shall submit to the Presi16 dent and Congress a timely notice of an intent to retire

17 from the Court, together with a request for payment of the

18 voluntary separation incentive payment.

19 (2) A notice shall be timely submitted under para20 graph (1) only if submitted—

21 (A) not later than one year before the date of re22 tirement of the judge concerned from the Court; or

23 (B) in the case of a judge whose retirement from

24 the Court will occur less than one year after the date
118

•S 1076 RS

1 of the enactment of this Act, not later than 30 days

2 after the date of the enactment of this Act.

3 (e) DATE OF PAYMENT.—A voluntary separation in4 centive payment may be paid to a judge of the Court under

5 this section only upon the retirement of the judge from the

6 Court.

7 (f) TREATMENT OF PAYMENT.—A voluntary separa8 tion incentive payment paid to a judge under this section

9 shall not be treated as pay for purposes of contributions

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

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

12 38, United States Code.

13 (g) ELIGIBILITY FOR TEMPORARY SERVICE ON

14 COURT.—A judge seeking payment of a voluntary separa15 tion incentive payment under this section may serve on the

16 Court under section 401 if eligible for such service under

17 that section.

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

19 separation incentive payments under this section shall be

20 derived from amounts available for payment of salaries and

21 benefits of judges of the Court.

22 (i) EXPIRATION OF AUTHORITY.—A voluntary separa23 tion incentive payment may not be paid under this section

24 to a judge who retires from the Court after December 31,

25 2002.
119

•S 1076 RS

1 SEC. 404. DEFINITION.

2 In this title, the term ‘‘Court’’ means the United States

3 Court of Appeals for Veterans Claims.

Amend the title so as to read: ‘‘A bill 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.’’.