In the Senate of the United States,

November 5, 1999.

Resolved, That the bill from the House of Representatives (H.R. 2116) entitled ‘‘An Act to amend title 38, United

States Code, to establish a program of extended care services

for veterans and to make other improvements in health care

programs of the Department of Veterans Affairs.’’, do pass

with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans Benefits Act of 1999’’.

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—MEDICAL CARE

Subtitle A—Long-Term Care

Sec. 101. Continuum of care for veterans.

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

Sec. 103. Pilot program relating to assisted living services.
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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—Other Health Care Provisions

Sec. 121. Emergency health care in non-Department of Veterans Affairs facilities

for enrolled veterans.

Sec. 122. Improvement of specialized mental health services for veterans.

Sec. 123. Treatment and services for drug or alcohol dependency.

Sec. 124. Allocation to Department of Veterans Affairs health care facilities of

amounts in Medical Care Collections Fund.

Sec. 125. Extension of certain Persian Gulf War authorities.

Sec. 126. Report on coordination of procurement of pharmaceuticals and medical

supplies by the Department of Veterans Affairs and the Department of Defense.

Sec. 127. Reimbursement of medical expenses of veterans located in Alaska.

Sec. 128. Repeal of four-year limitation on terms of Under Secretary for Health

and Under Secretary for Benefits.

Subtitle D—Major Medical Facility Projects Construction Authorizations

Sec. 131. Authorization of major medical facility projects.

TITLE II—BENEFITS MATTERS

Subtitle A—Homeless Veterans

Sec. 201. Extension of program of housing assistance for homeless veterans.

Sec. 202. Homeless veterans comprehensive service programs.

Sec. 203. Authorizations of appropriations for homeless veterans’ reintegration

projects.

Sec. 204. Report on implementation of General Accounting Office recommendations regarding performance measures.

Subtitle B—Other Matters

Sec. 211. Payment rate of certain burial benefits for certain Filipino veterans.

Sec. 212. Extension of authority to maintain a regional office in the Republic of

the Philippines.

Sec. 213. Extension of Advisory Committee on Minority Veterans.

Sec. 214. Dependency and indemnity compensation for surviving spouses of

former prisoners of war.

Sec. 215. Repeal of limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 216. Clarification of veterans employment opportunities.

TITLE III—EDUCATION MATTERS

Sec. 301. Short title.

Sec. 302. Availability of Montgomery GI Bill benefits for preparatory courses for

college and graduate school entrance exams.

Sec. 303. Increase in basic benefit of active duty educational assistance.

Sec. 304. Increase in rates of survivors and dependents educational assistance.
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Sec. 305. Increased active duty educational assistance benefit for contributing

members.

Sec. 306. Continuing eligibility for educational assistance of members of the

Armed Forces attending officer training school.

Sec. 307. Eligibility of members of the Armed Forces to withdraw elections not

to receive Montgomery GI Bill basic educational assistance.

Sec. 308. Accelerated payments of basic educational assistance.

Sec. 309. Veterans education and vocational training benefits provided by the

States.

TITLE IV—MEMORIAL AFFAIRS

Subtitle A—Arlington National Cemetery

Sec. 401. Short title.

Sec. 402. Persons eligible for burial in Arlington National Cemetery.

Sec. 403. Persons eligible for placement in the columbarium in Arlington National Cemetery.

Subtitle B—Other Memorial Matters

Sec. 411. Establishment of additional national cemeteries.

Sec. 412. Use of flat grave markers at Santa Fe National Cemetery, New Mexico.

Subtitle C—World War II Memorial

Sec. 421. Short title.

Sec. 422. Fund raising by American Battle Monuments Commission for World

War II Memorial.

Sec. 423. General authority of American Battle Monuments Commission to solicit

and receive contributions.

Sec. 424. Intellectual property and related items.

TITLE V—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 501. Temporary service of certain judges of United States Court of Appeals

for Veterans Claims upon expiration of their terms or retirement.

Sec. 502. Modified terms for certain judges of United States Court of Appeals for

Veterans Claims.

Sec. 503. Temporary authority for voluntary separation incentives for certain

judges on United States Court of Appeals for Veterans Claims.

Sec. 504. 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.
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1 TITLE I—MEDICAL CARE

2 Subtitle A—Long-Term Care

3 SEC. 101. CONTINUUM OF CARE FOR VETERANS.

4 (a) INCLUSION OF NONINSTITUTIONAL EXTENDED

5 CARE SERVICES IN DEFINITION OF MEDICAL SERVICES.—

6 Section 1701 is amended—

7 (1) in paragraph (6)(A)(i), by inserting ‘‘non8 institutional extended care services,’’ after ‘‘preventive

9 health services,’’; and

10 (2) by adding at the end the following new para11 graphs:

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

13 services’ includes—

14 ‘‘(A) home-based primary care;

15 ‘‘(B) adult day health care;

16 ‘‘(C) respite care;

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

18 ‘‘(E) home health aide visits.

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

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

21 which—

22 ‘‘(A) is of limited duration;

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

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

2 at that residence; and

3 ‘‘(C) is furnished for the purpose of helping

4 the individual to continue residing primarily at

5 that residence.’’.

6 (b) CONFORMING AMENDMENTS TO TITLE 38.—(1)(A)

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

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

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

10 (2) Section 1720B is repealed.

11 (3) Chapter 17 is further amended by redesignating

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

13 1720C, and 1720D, respectively.

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

15 chapter 17 is amended—

16 (1) in the item relating to section 1720, by strik17 ing ‘‘; adult day health care’’; and

18 (2) by striking the items relating to sections

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

20 following:

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

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

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

21 (d) ADDITIONAL CONFORMING AMENDMENT.—Section

22 101(g)(2) of the Veterans Health Programs Extension Act

23 of 1994 (Public Law 103–452; 108 Stat. 4785; 38 U.S.C.
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1 1720D note) is amended by striking ‘‘section 1720D’’ both

2 places it appears and inserting ‘‘section 1720C’’.

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

4 CARE OF VETERANS.

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

6 shall carry out three pilot programs for the purpose of deter7 mining the feasibility and practicability of a variety of

8 methods of meeting the long-term care needs of eligible vet9 erans. The pilot programs shall be carried out in accordance

10 with the provisions of this section.

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

12 program under this section shall be carried out in two des13 ignated health care regions of the Department of Veterans

14 Affairs selected by the Secretary for purposes of this section.

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

16 Department for purposes of a particular pilot program, the

17 Secretary shall, to the maximum extent practicable, select

18 designated health care regions containing a medical center

19 or medical centers whose current circumstances and activi20 ties most closely mirror the circumstances and activities

21 proposed to be achieved under such pilot program.

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

23 pilot program in any given designated health care region

24 of the Department.
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1 (c) SCOPE OF SERVICES UNDER PILOT PROGRAMS.—

2 (1) The services provided under the pilot programs under

3 this section shall include a comprehensive array of health

4 care services and other services that meet the long-term care

5 needs of veterans, including—

6 (A) inpatient long-term care in intermediate

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

8 facilities; and

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

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

11 respite care, and other community-based interventions

12 and care.

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

14 programs, the Secretary shall also provide appropriate case

15 management services.

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

17 Secretary shall emphasize the provision of preventive care

18 services, including screening and education.

19 (4) The Secretary may provide health care services or

20 other services under the pilot programs only if the Secretary

21 is otherwise authorized to provide such services by law.

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

23 the pilot programs under this section, the Secretary shall

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

3 (e) PROVISION OF SERVICES THROUGH COOPERATIVE

4 ARRANGEMENTS.—(1) Under one of the pilot programs

5 under this section, the Secretary shall provide long-term

6 care services to eligible veterans through a combination (as

7 determined by the Secretary) of—

8 (A) services provided under cooperative arrange9 ments with appropriate public and private non-Gov10 ernmental entities, including community service orga11 nizations; and

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

14 (2) The consideration provided by the Secretary for

15 services provided by entities under cooperative arrange16 ments under paragraph (1)(A) shall be limited to the provi17 sion by the Secretary of appropriate in-kind services to such

18 entities.

19 (f) PROVISION OF SERVICES BY NON-DEPARTMENT

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

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

22 to eligible veterans through arrangements with appropriate

23 non-Department entities under which arrangements the

24 Secretary acts solely as the case manager for the provision

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

2 the pilot programs under this subsection shall be made by

3 the Department to the extent that payment for such services

4 is not otherwise provided by another government or non5 government entity.

6 (g) DATA COLLECTION.—As part of the pilot programs

7 under this section, the Secretary shall collect data

8 regarding—

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

10 other activities of the Department for purposes of

11 meeting the long-term care needs of eligible veterans,

12 including any cost advantages under such programs

13 and activities when compared with the Medicare pro14 gram, Medicaid program, or other Federal program

15 serving similar populations;

16 (2) the quality of the services provided under

17 such programs and activities;

18 (3) the satisfaction of participating veterans,

19 non-Department, and non-Government entities with

20 such programs and activities; and

21 (4) the effect of such programs and activities on

22 the ability of veterans to carry out basic activities of

23 daily living over the course of such veterans’ partici24 pation in such programs and activities.
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1 (h) REPORT.—(1) Not later than six months after the

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

3 Secretary shall submit to Congress a report on the health

4 services and other services furnished by the Department to

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

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

7 (A) describe the comprehensive array of health

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

10 eligible veterans, including—

11 (i) inpatient long-term care in intermediate

12 care beds, in nursing homes, and in domiciliary

13 care facilities; and

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

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

18 (B) describe the case management services fur19 nished as part of the services described in subpara20 graph (A) and assess the role of such case manage21 ment services in ensuring that eligible veterans receive

22 services to meet their long-term care needs; and

23 (C) in describing services under subparagraphs

24 (A) and (B), emphasize the role of preventive services

25 in the furnishing of such services.
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1 (i) DURATION OF PROGRAMS.—(1) The Secretary shall

2 commence carrying out the pilot programs required by this

3 section not later than 90 days after the date of the enact4 ment of this Act.

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

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

7 three years after the date of the commencement of the pilot

8 programs under paragraph (1).

9 (j) DEFINITIONS.—In this section:

10 (1) ELIGIBLE VETERAN.—The term ‘‘eligible vet11 eran’’ means the following:

12 (A) Any veteran eligible to receive hospital

13 care and medical services under section

14 1710(a)(1) of title 38, United States Code.

15 (B) Any veteran (other than a veteran de16 scribed in subparagraph (A)) if the veteran is

17 enrolled in the system of annual patient enroll18 ment under section 1705 of title 38, United

19 States Code.

20 (2) LONG-TERM CARE NEEDS.—The term ‘‘long21 term care needs’’ means the need by an individual for

22 any of the following services:

23 (A) Hospital care.

24 (B) Medical services.

25 (C) Nursing home care.
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1 (D) Case management and other social serv2 ices.

3 (E) Home and community based services.

4 SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING

5 SERVICES.

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

7 shall carry out a pilot program for the purpose of deter8 mining the feasibility and practicability of providing as9 sisted living services to eligible veterans. The pilot program

10 shall be carried out in accordance with this section.

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

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

13 the Department of Veterans Affairs selected by the Secretary

14 for purposes of this section.

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

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

17 under the pilot program to eligible veterans.

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

19 the pilot program to a veteran eligible for care under section

20 1710(a)(3) of title 38, United States Code, unless such vet21 eran agrees to pay the United States an amount equal to

22 the amount determined in accordance with the provisions

23 of section 1710(f) of such title.

24 (3) Assisted living services may also be provided under

25 the pilot program to the spouse of an eligible veteran if—
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1 (A) such services are provided coincidentally

2 with the provision of identical services to the veteran

3 under the pilot program; and

4 (B) such spouse agrees to pay the United States

5 an amount equal to the cost, as determined by the

6 Secretary, of the provision of such services.

7 (d) REPORTS.—(1) The Secretary shall annually sub8 mit to Committees on Veterans’ Affairs of the Senate and

9 the House of Representatives a report on the pilot program

10 under this section. The report shall include a detailed de11 scription of the activities under the pilot program during

12 the one-year period ending on the date of the report and

13 such other matters as the Secretary considers appropriate.

14 (2)(A) In addition to the reports required by para15 graph (1), not later than 90 days before concluding the pilot

16 program under this section, the Secretary shall submit to

17 the committees referred to in that paragraph a final report

18 on the pilot program.

19 (B) The report on the pilot program under this para20 graph shall include the following:

21 (i) An assessment of the feasibility and practica22 bility of providing assisted living services for veterans

23 and their spouses.

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

25 including a management analysis, cost-benefit anal-
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1 ysis, Department cash-flow analysis, and strategic

2 outlook assessment.

3 (iii) Recommendations, if any, regarding an ex4 tension of the pilot program, including recommenda5 tions regarding the desirability of authorizing or re6 quiring the Secretary to seek reimbursement for the

7 costs of the Secretary in providing assisted living

8 services in order to reduce demand for higher-cost

9 nursing home care under the pilot program.

10 (iv) Any other information or recommendations

11 that the Secretary considers appropriate regarding

12 the pilot program.

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

14 carrying out the pilot program required by this section not

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

16 Act.

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

18 under the pilot program shall cease on the date that is three

19 years after the date of the commencement of the pilot pro20 gram under paragraph (1).

21 (f) DEFINITIONS.—In this section:

22 (1) ELIGIBLE VETERAN.—The term ‘‘eligible vet23 eran’’ means the following:
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1 (A) Any veteran eligible to receive hospital

2 care and medical services under section

3 1710(a)(1) of title 38, United States Code.

4 (B) Any veteran (other than a veteran de5 scribed in subparagraph (A)) if the veteran is

6 enrolled in the system of annual patient enroll7 ment under section 1705 of title 38, United

8 States Code.

9 (2) ASSISTED LIVING SERVICES.—The term ‘‘as10 sisted living services’’ means services which provide

11 personal care, activities, health-related care, super12 vision, and other assistance on a 24-hour basis within

13 a residential or similar setting which—

14 (A) maximizes flexibility in the provision of

15 such care, activities, supervision, and assistance;

16 (B) maximizes the autonomy, privacy, and

17 independence of an individual; and

18 (C) encourages family and community in19 volvement with the individual.

20 Subtitle B—Management of Medical

21 Facilities and Property

22 SEC. 111. ENHANCED-USE LEASE AUTHORITY.

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

24 is amended by striking ‘‘may not exceed—’’ and all that
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1 follows through the end and inserting ‘‘may not exceed 55

2 years.’’.

3 (b) AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES

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

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

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

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

8 and

9 (B) by striking the second sentence; and

10 (3) by adding at the end the following new sub11 paragraph:

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

13 to capital activities on property that has been leased under

14 this subchapter may be made from amounts appropriated

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

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

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

18 ‘‘December 31, 2011’’.

19 (d) TRAINING AND OUTREACH REGARDING AUTHOR20 ITY.—The Secretary of Veterans Affairs shall take appro21 priate actions to provide training and outreach to personnel

22 at Department of Veterans Affairs medical centers regard23 ing the enhanced-use lease authority under subchapter V of

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

25 and outreach shall address methods of approaching poten-
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1 tial lessees in the medical or commercial sectors regarding

2 the possibility of entering into leases under that authority

3 and other appropriate matters.

4 (e) INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR

5 USE OF AUTHORITY.—(1) The Secretary shall take appro6 priate actions to secure from an appropriate entity inde7 pendent of the Department of Veterans Affairs an analysis

8 of opportunities for the use of the enhanced-use lease author9 ity under subchapter V of chapter 81 of title 38, United

10 States Code.

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

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

13 for purposes of identifying Department property that

14 presents an opportunity for lease under the enhanced15 use lease authority;

16 (B) an assessment of the feasibility of entering

17 into enhanced-use leases under that authority in the

18 case of any property identified under subparagraph

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

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

21 Department facilities concerned, and at the Depart22 ment Central Office, in order to facilitate the entering

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

24 identified.
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1 (3) If as a result of the survey under paragraph (2)(A)

2 the entity determines that a particular Department prop3 erty presents no opportunities for lease under the enhanced4 use lease authority, the analysis shall include the entity’s

5 explanation of that determination.

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

7 that certain Department property presents an opportunity

8 for lease under the enhanced-use lease authority, the anal9 ysis shall include a single integrated business plan, devel10 oped by the entity, that addresses the strategy and resources

11 necessary to implement the plan for all property determined

12 to present an opportunity for such lease.

13 (f) AUTHORITY FOR ENHANCED-USE LEASE OF PROP14 ERTY UNDER BUSINESS PLAN.—(1) The Secretary may

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

16 as presenting an opportunity for such lease under the anal17 ysis under subsection (e) if such lease is consistent with the

18 business plan under paragraph (4) of that subsection.

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

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

21 any lease under paragraph (1).
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1 SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT

2 BUILDING AT DEPARTMENT OF VETERANS AF3 FAIRS MEDICAL CENTER IN RENO, NEVADA,

4 AFTER JACK STREETER.

5 The hospital bed replacement building under construc6 tion at the Ioannis A. Lougaris Department of Veterans Af7 fairs Medical Center in Reno, Nevada, is hereby designated

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

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

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

11 be a reference to the Jack Streeter Building.

12 Subtitle C—Other Health Care

13 Provisions

14 SEC. 121. EMERGENCY HEALTH CARE IN NON-DEPARTMENT

15 OF VETERANS AFFAIRS FACILITIES FOR EN16 ROLLED VETERANS.

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

18 (1) in paragraph (6)—

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (A);

21 (B) by striking the period at the end of sub22 paragraph (B) and inserting ‘‘; and’’; and

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

24 following new subparagraph:
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1 ‘‘(C) emergency care, or reimbursement for such

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

3 1728(a)(2)(E) of this title.’’; and

4 (2) by adding at the end the following new para5 graph:

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

7 means a medical condition manifesting itself by acute

8 symptoms of sufficient severity (including severe

9 pain) such that a prudent layperson, who possesses

10 an average knowledge of health and medicine, could

11 reasonably expect the absence of immediate medical

12 attention to result in—

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

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

15 health of the woman or her unborn child) in seri16 ous jeopardy;

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

19 ‘‘(C) serious dysfunction of any bodily

20 organ or part.’’.

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

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

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

24 medical condition of a veteran who is enrolled under section

25 1705 of this title or who is’’.
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1 (c) REIMBURSEMENT OF EXPENSES FOR EMERGENCY

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

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

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

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

6 condition of a veteran enrolled under section 1705 of

7 this title’’.

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

9 adding at the end the following new subsection:

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

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

13 by the Secretary for treatment under such contract, or

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

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

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

17 the Medicare program and after any payment that may be

18 made with respect to such treatment by a third-party insur19 ance provider.’’.

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

21 section shall apply with respect to care or services provided

22 on or after the date of the enactment of this Act.
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1 SEC. 122. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH

2 SERVICES FOR VETERANS.

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

4 amended by inserting after section 1712B the following new

5 section:

6 ‘‘§ 1712C. Specialized mental health services

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

9 health services to veterans.

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

11 subsection (a) shall include the following:

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

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

15 ‘‘(A) the establishment and operation of ad16 ditional outpatient and residential treatment fa17 cilities for Post Traumatic Stress Disorder in

18 areas that are underserved by existing programs

19 relating to Post Traumatic Stress Disorder, as

20 determined by qualified mental health personnel

21 of the Department who oversee such programs;

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

23 the specific needs of veterans with Post Trau24 matic Stress Disorder and related disorders, in25 cluding short-term or long-term care services that
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1 combine residential treatment of Post Traumatic

2 Stress Disorder;

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

4 Disorder or dedicated case management services

5 on an outpatient basis; and

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

7 programs relating to Post Traumatic Stress Dis8 order which have exceeded the projected work9 loads for such programs.

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

12 ‘‘(A) the establishment and operation of ad13 ditional Department-based or community-based

14 residential treatment facilities;

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

16 opioid treatment services, including the establish17 ment and operation of additional programs for

18 the provision of opioid treatment services; and

19 ‘‘(C) the reestablishment or enhancement of

20 substance use disorder services at facilities at

21 which such services have been eliminated or cur22 tailed, with an emphasis on the reestablishment

23 or enhancement of services at facilities where de24 mand for such services is high or which serve

25 large geographic areas.
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1 ‘‘(c)(1) The Secretary shall provide for the allocation

2 of funds for the programs carried out under this section

3 in a centralized manner.

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

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

6 funds conducted by qualified mental health personnel

7 of the Department who oversee such programs; and

8 ‘‘(B) emphasize, to the maximum extent prac9 ticable, the availability of funds for the programs de10 scribed in paragraphs (1) and (2) of subsection (b).’’.

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

12 17 is amended by inserting after the item relating to section

13 1712B the following new item:

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

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

15 2000, 2001, and 2002, the Secretary of Veterans Affairs

16 shall submit to Congress a report on the programs carried

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

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

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

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

21 of the report—

22 (A) describe the programs carried out under such

23 section 1712C;

24 (B) set forth the number of veterans provided

25 services under such programs; and
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1 (C) set forth the amounts expended for purposes

2 of carrying out such programs.

3 SEC. 123. TREATMENT AND SERVICES FOR DRUG OR ALCO4 HOL DEPENDENCY.

5 Section 1720A(c) is amended—

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

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

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

9 (B) by striking ‘‘unless such transfer is dur10 ing the last thirty days of such member’s enlist11 ment or tour of duty’’; and

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

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

14 enlistment period or tour of duty’’.

15 SEC. 124. ALLOCATION TO DEPARTMENT OF VETERANS AF16 FAIRS HEALTH CARE FACILITIES OF

17 AMOUNTS IN MEDICAL CARE COLLECTIONS

18 FUND.

19 Section 1729A(d) is amended—

20 (1) by striking ‘‘(1)’’;

21 (2) by striking ‘‘each designated health care re22 gion’’ and inserting ‘‘each Department health care fa23 cility’’;

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

25 ‘‘each facility’’;
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1 (4) by striking ‘‘such region’’ both places it ap2 pears and inserting ‘‘such facility’’; and

3 (4) by striking paragraph (2).

4 SEC. 125. EXTENSION OF CERTAIN PERSIAN GULF WAR AU5 THORITIES.

6 (a) THREE-YEAR EXTENSION OF NEWSLETTER ON

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

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

9 108 Stat. 4659; 38 U.S.C. 1117 note) is amended by strik10 ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,

11 2002’’.

12 (b) THREE-YEAR EXTENSION OF PROGRAM FOR EVAL13 UATION OF HEALTH OF SPOUSES AND CHILDREN.—Section

14 107(b) of Persian Gulf War Veterans’ Benefits Act (title I

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

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

17 31, 2002’’.

18 SEC. 126. REPORT ON COORDINATION OF PROCUREMENT

19 OF PHARMACEUTICALS AND MEDICAL SUP20 PLIES BY THE DEPARTMENT OF VETERANS

21 AFFAIRS AND THE DEPARTMENT OF DE22 FENSE.

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

24 the Secretary of Veterans Affairs and the Secretary of De25 fense shall jointly submit to the Committees on Veterans’
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1 Affairs and Armed Services of the Senate and the Commit2 tees on Veterans’ Affairs and Armed Services of the House

3 of Representatives a report on the cooperation between the

4 Department of Veterans Affairs and the Department of De5 fense in the procurement of pharmaceuticals and medical

6 supplies.

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

8 (a) shall include the following:

9 (1) A description of the current cooperation be10 tween the Department of Veterans Affairs and the De11 partment of Defense in the procurement of pharma12 ceuticals and medical supplies.

13 (2) An assessment of the means by which co14 operation between the departments in such procure15 ment could be enhanced or improved.

16 (3) A description of any existing memoranda of

17 agreement between the Department of Veterans Affairs

18 and the Department of Defense that provide for the

19 cooperation referred to in subsection (a).

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

21 agreements will have on current staffing levels at the

22 Defense Supply Center in Philadelphia, Pennsyl23 vania, and the Department of Veterans Affairs Na24 tional Acquisition Center in Hines, Illinois.
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1 (5) A description of the effects, if any, of such co2 operation on military readiness.

3 (6) A comprehensive assessment of cost savings

4 realized and projected over the five fiscal year period

5 beginning in fiscal year 1999 for the Department of

6 Veterans Affairs and the Department of Defense as a

7 result of such cooperation, and the overall savings to

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

9 cooperation.

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

11 pharmaceuticals for which cooperative agreements

12 would not be appropriate and the reason or reasons

13 therefor.

14 (8) An assessment of the extent to which coopera15 tive agreements could be expanded to include medical

16 equipment, major systems, and durable goods used in

17 the delivery of health care by the Department of Vet18 erans Affairs and the Department of Defense.

19 (9) A description of the effects such agreements

20 might have on distribution of items purchased coop21 eratively by the Department of Veterans Affairs and

22 the Department of Defense, particularly outside the

23 continental United States.

24 (10) An assessment of the potential to establish

25 common pharmaceutical formularies between the De-
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1 partment of Veterans Affairs and the Department of

2 Defense.

3 (11) An explanation of the current Uniform

4 Product Number (UPN) requirements of each Depart5 ment and of any planned standardization of such re6 quirements between the Departments for medical

7 equipment and durable goods manufacturers.

8 SEC. 127. REIMBURSEMENT OF MEDICAL EXPENSES OF VET9 ERANS LOCATED IN ALASKA.

10 (a) PRESERVATION OF CURRENT REIMBURSEMENT

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

12 Secretary of Veterans Affairs shall, for purposes of reim13 bursing veterans in Alaska for medical expenses under sec14 tion 1728 of title 38, United States Code, during the one15 year period beginning on the date of the enactment of this

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

17 such purposes on July 31, 1999, rather than the Partici18 pating Physician Fee Schedule under the Medicare pro19 gram.

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

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

22 Affairs and the Secretary of Health and Human Services

23 shall jointly submit to the Committees on Veterans’ Affairs

24 of the Senate and the House of Representatives a report and

25 recommendation on the use of the Participating Physician
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1 Fee Schedule under the Medicare program as a means of

2 calculating reimbursement rates for medical expenses of vet3 erans located in Alaska under section 1728 of title 38,

4 United States Code.

5 (2) The report shall—

6 (A) assess the differences between health care

7 costs in Alaska and health care costs in the conti8 nental United States;

9 (B) describe any differences between the costs of

10 providing health care in Alaska and the reimburse11 ment rates for the provision of health care under the

12 Participating Physician Fee Schedule; and

13 (C) assess the effects on health care for veterans

14 in Alaska of implementing the Participating Physi15 cian Fee Schedule as a means of calculating reim16 bursement rates for medical expenses of veterans lo17 cated in Alaska under section 1728 of title 38, United

18 States Code.

19 SEC. 128. REPEAL OF FOUR-YEAR LIMITATION ON TERMS OF

20 UNDER SECRETARY FOR HEALTH AND UNDER

21 SECRETARY FOR BENEFITS.

22 (a) UNDER SECRETARY FOR HEALTH.—Section 305 is

23 amended—

24 (1) by striking subsection (c); and
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1 (2) by redesignating subsection (d) as subsection

2 (c).

3 (b) UNDER SECRETARY FOR BENEFITS.—Section 306

4 is amended—

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

6 (2) by redesignating subsection (d) as subsection

7 (c).

8 (c) APPLICABILITY.—The amendments made by sub9 sections (a) and (b) shall take effect on the date of the enact10 ment of this Act and shall apply with respect to individuals

11 appointed as Under Secretary for Health and Under Sec12 retary for Benefits, respectively, on or after that date.

13 Subtitle D—Major Medical Facility

14 Projects Construction Authoriza15 tions

16 SEC. 131. AUTHORIZATION OF MAJOR MEDICAL FACILITY

17 PROJECTS.

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

19 may carry out the following major medical facility projects,

20 with each project to be carried out in the amount specified

21 for that project:

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

23 the Department of Veterans Affairs Medical Center,

24 Lebanon, Pennsylvania, in an amount not to exceed

25 $14,500,000.
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1 (2) Renovations and environmental improve2 ments at the Department of Veterans Affairs Medical

3 Center, Fargo, North Dakota, in an amount not to ex4 ceed $12,000,000.

5 (3) Construction of a surgical suite and post-an6 esthesia care unit at the Department of Veterans Af7 fairs Medical Center, Kansas City, Missouri, in an

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

9 (4) Renovations and environmental improve10 ments at the Department of Veterans Affairs Medical

11 Center, Atlanta, Georgia, in an amount not to exceed

12 $12,400,000.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There is authorized to be ap15 propriated to the Secretary of Veterans Affairs for fis16 cal year 2000 for the Construction, Major Projects,

17 Account $225,500,000 for the projects authorized in

18 subsection (a) and for the continuation of projects au19 thorized in section 701(a) of the Veterans Programs

20 Enhancement Act of 1998 (Public Law 105–368; 112

21 Stat. 3348).

22 (2) LIMITATION ON FISCAL YEAR 2000

23 PROJECTS.—The projects authorized in subsection (a)

24 may only be carried out using—
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1 (A) funds appropriated for fiscal year 2000

2 pursuant to the authorizations of appropriations

3 in subsection (a);

4 (B) funds appropriated for Construction,

5 Major Projects, for a fiscal year before fiscal year

6 2000 that remain available for obligation; and

7 (C) funds appropriated for Construction,

8 Major Projects, for fiscal year 2000 for a cat9 egory of activity not specific to a project.

10 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999

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

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

13 (1) by redesignating subparagraphs (B) and (C)

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

15 (2) by inserting after subparagraph (A) the fol16 lowing new subparagraph (B):

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

18 pursuant to the authorization of appropriations in

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

20 1999;’’.
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1 TITLE II—BENEFITS MATTERS

2 Subtitle A—Homeless Veterans

3 SEC. 201. EXTENSION OF PROGRAM OF HOUSING ASSIST4 ANCE FOR HOMELESS VETERANS.

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

6 1999’’ and inserting ‘‘December 31, 2001’’.

7 SEC. 202. HOMELESS VETERANS COMPREHENSIVE SERVICE

8 PROGRAMS.

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

10 3(a) of the Homeless Veterans Comprehensive Service Pro11 grams Act of 1992 (38 U.S.C. 7721 note) is amended by

12 inserting ‘‘, and expanding existing programs for fur13 nishing,’’ after ‘‘new programs to furnish’’.

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

15 Paragraph (2) of that section is amended by striking ‘‘Sep16 tember 30, 1999’’ and inserting ‘‘September 30, 2001’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 12

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

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

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

21 1997’’.
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1 SEC. 203. AUTHORIZATIONS OF APPROPRIATIONS FOR

2 HOMELESS VETERANS’ REINTEGRATION

3 PROJECTS.

4 Section 738(e)(1) of the Stewart B. McKinney Home5 less Assistance Act (42 U.S.C. 11448(e)(1) is amended by

6 adding at the end the following:

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

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

9 SEC. 204. REPORT ON IMPLEMENTATION OF GENERAL AC10 COUNTING OFFICE RECOMMENDATIONS RE11 GARDING PERFORMANCE MEASURES.

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

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

14 Affairs shall submit to the Committees on Veterans’ Affairs

15 of the Senate and the House of Representatives a report con16 taining a detailed plan for the evaluation by the Depart17 ment of Veterans Affairs of the effectiveness of programs to

18 assist homeless veterans.

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

20 outcome measures which determine whether veterans are

21 housed and employed within six months after housing and

22 employment are secured for veterans under such programs.

23 Subtitle B—Other Matters

24 SEC. 211. PAYMENT RATE OF CERTAIN BURIAL BENEFITS

25 FOR CERTAIN FILIPINO VETERANS.

26 (a) PAYMENT RATE.—Section 107 is amended—
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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 title

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

8 $1 for each dollar authorized.

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

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

11 date of the enactment of the Veterans Benefits Act of 1999

12 if the individual, on the individual’s date of death—

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

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

15 ‘‘(C) either—

16 ‘‘(i) is receiving compensation under chap17 ter 11 of this title; or

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

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

20 been paid pension under section 1521 of this title

21 without denial or discontinuance by reason of

22 section 1522 of this title.’’.

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

24 person for any period before the date of the enactment of
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1 this Act by reason of the amendments made by subsection

2 (a).

3 SEC. 212. EXTENSION OF AUTHORITY TO MAINTAIN A RE4 GIONAL OFFICE IN THE REPUBLIC OF THE

5 PHILIPPINES.

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

7 1999’’ and inserting ‘‘December 31, 2004’’.

8 SEC. 213. EXTENSION OF ADVISORY COMMITTEE ON MINOR9 ITY VETERANS.

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

11 1999’’ and inserting ‘‘December 31, 2004’’.

12 SEC. 214. DEPENDENCY AND INDEMNITY COMPENSATION

13 FOR SURVIVING SPOUSES OF FORMER PRIS14 ONERS OF WAR.

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

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

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

18 disabling if—’’; and

19 (2) by adding at the end the following new para20 graph:

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

22 who died after September 30, 1999, and whose dis23 ability was continuously rated totally disabling for a

24 period of one year immediately preceding death.’’.
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1 (b) CONFORMING AMENDMENTS.—Such section is fur2 ther amended—

3 (1) in paragraph (1)—

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

5 ‘‘(1)’’; and

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

7 (2) in paragraph (2)—

8 (A) by striking ‘‘if so rated for a lesser pe9 riod, was so rated continuously’’ and inserting

10 ‘‘the disability was continuously rated totally

11 disabling’’; and

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

13 inserting ‘‘; or’’.

14 SEC. 215. REPEAL OF LIMITATION ON PAYMENTS OF BENE15 FITS TO INCOMPETENT INSTITUTIONALIZED

16 VETERANS.

17 Section 5503 is amended—

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

19 (2) by redesignating subsections (d), (e), and (f)

20 as subsections (b), (c), and (d), respectively.

21 SEC. 216. CLARIFICATION OF VETERANS EMPLOYMENT OP22 PORTUNITIES.

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

24 States Code, is amended—

25 (1) by striking paragraph (4);
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1 (2) by redesignating paragraphs (2) and (3) as

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

3 (3) by inserting after paragraph (1) the fol4 lowing new paragraph (2):

5 ‘‘(2) If selected, a preference eligible or veteran de6 scribed in paragraph (1) shall acquire competitive status

7 and shall receive a career or career-conditional appoint8 ment, as appropriate.’’.

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect as if included in the amendment

11 made to section 3304 of title 5, United States Code, by sec12 tion 2 of the Veterans Employment Opportunities Act of

13 1998 (Public Law 105–339; 112 Stat. 3182), to which such

14 amendments relate.

15 TITLE III—EDUCATION MATTERS

16 SEC. 301. SHORT TITLE.

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

18 Educational Assistance Programs Improvements Act of

19 1999’’.

20 SEC. 302. AVAILABILITY OF MONTGOMERY GI BILL BENE21 FITS FOR PREPARATORY COURSES FOR COL22 LEGE AND GRADUATE SCHOOL ENTRANCE

23 EXAMS.

24 Section 3002(3) is amended—
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1 (1) in subparagraph (A), by striking ‘‘and’’ at

2 the end;

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C); and

5 (3) by inserting after subparagraph (A) the fol6 lowing new subparagraph (B):

7 ‘‘(B) includes—

8 ‘‘(i) a preparatory course for a test that is

9 required or utilized for admission to an institu10 tion of higher education; and

11 ‘‘(ii) a preparatory course for a test that is

12 required or utilized for admission to a graduate

13 school; and’’.

14 SEC. 303. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY

15 EDUCATIONAL ASSISTANCE.

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

17 amended—

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

19 inserting ‘‘$600’’; and

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

21 inserting ‘‘$488’’.

22 (b) EFFECTIVE DATE.—The amendments made by sub23 section (a) shall take effect on October 1, 1999, and shall

24 apply with respect to educational assistance allowances

25 paid for months after September 1999. However, no adjust-
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1 ment in rates of educational assistance shall be made under

2 section 3015(g) of title 38, United States Code, for fiscal

3 year 2000.

4 SEC. 304. INCREASE IN RATES OF SURVIVORS AND DEPEND5 ENTS EDUCATIONAL ASSISTANCE.

6 (a) SURVIVORS AND DEPENDENTS EDUCATIONAL AS7 SISTANCE.—Section 3532 is amended—

8 (1) in subsection (a)(1)—

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

10 ‘‘$550’’;

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

12 ‘‘$414’’; and

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

14 ‘‘$274’’;

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

16 inserting ‘‘$550’’;

17 (3) in subsection (b), by striking ‘‘$485’’ and in18 serting ‘‘$550’’; and

19 (4) in subsection (c)(2)—

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

21 ‘‘$445’’;

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

23 ‘‘$333’’; and

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

25 ‘‘$222’’.
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1 (b) CORRESPONDENCE COURSE.—Section 3534(b) is

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

3 (c) SPECIAL RESTORATIVE TRAINING.—Section

4 3542(a) is amended—

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

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

7 inserting ‘‘$172’’; and

8 (3) by striking ‘‘$16.16’’ and inserting ‘‘$18.35’’.

9 (d) APPRENTICESHIP TRAINING.—Section 3687(b)(2)

10 is amended—

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

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

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

14 and

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

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

17 section shall take effect on October 1, 1999, and shall apply

18 with respect to educational assistance paid for months after

19 September 1999.

20 SEC. 305. INCREASED ACTIVE DUTY EDUCATIONAL ASSIST21 ANCE BENEFIT FOR CONTRIBUTING MEM22 BERS.

23 (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR IN24 CREASED ASSISTANCE AMOUNT.—(1) Section 3011 is

25 amended—
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1 (A) by redesignating subsection (i) as subsection

2 (j); and

3 (B) by inserting after subsection (h) the fol4 lowing new subsection (i):

5 ‘‘(i)(1) Any individual eligible for educational assist6 ance under this section who does not make an election under

7 subsection (c)(1) may contribute amounts for purposes of

8 receiving an increased amount of basic educational assist9 ance as provided for under section 3015(g) of this title.

10 Such contributions shall be in addition to any reductions

11 in the basic pay of such individual under subsection (b).

12 ‘‘(2) An individual covered by paragraph (1) may

13 make the contributions authorized by that paragraph at

14 any time while on active duty.

15 ‘‘(3) The total amount of the contributions made by

16 an individual under paragraph (1) may not exceed $600.

17 Such contributions shall be made in multiples of $4.

18 ‘‘(4) Contributions under this subsection shall be made

19 to the Secretary. The Secretary shall deposit any amounts

20 received by the Secretary as contributions under this sub21 section into the Treasury as miscellaneous receipts.’’.

22 (2) Section 3012 is amended—

23 (A) by redesignating subsection (g) as subsection

24 (h); and
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1 (B) by inserting after subsection (f) the following

2 new subsection (g):

3 ‘‘(g)(1) Any individual eligible for educational assist4 ance under this section who does not make an election under

5 subsection (d)(1) may contribute amounts for purposes of

6 receiving an increased amount of basic educational assist7 ance as provided for under section 3015(g) of this title.

8 Such contributions shall be in addition to any reductions

9 in the basic pay of such individual under subsection (c).

10 ‘‘(2) An individual covered by paragraph (1) may

11 make the contributions authorized by that paragraph at

12 any time while on active duty.

13 ‘‘(3) The total amount of the contributions made by

14 an individual under paragraph (1) may not exceed $600.

15 Such contributions shall be made in multiples of $4.

16 ‘‘(4) Contributions under this subsection shall be made

17 to the Secretary. The Secretary shall deposit any amounts

18 received by the Secretary as contributions under this sub19 section into the Treasury as miscellaneous receipts.’’.

20 (b) INCREASED ASSISTANCE AMOUNT.—Section 3015,

21 as amended by section 303 of this Act, is further amended—

22 (1) by striking ‘‘subsection (g)’’ each place it ap23 pears in subsections (a)(1) and (b)(1) and inserting

24 ‘‘subsection (h)’’;
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1 (2) by redesignating subsection (g) as subsection

2 (h); and

3 (3) by inserting after subsection (f) the following

4 new subsection (g):

5 ‘‘(g) In the case of an individual who has made con6 tributions authorized by section 3011(i) or 3012(g) of this

7 title, the monthly amount of basic educational assistance

8 allowance applicable to such individual under subsection

9 (a), (b), or (c) shall be the monthly rate otherwise provided

10 for under the applicable subsection increased by—

11 ‘‘(1) an amount equal to $1 for each $4 contrib12 uted by such individual under section 3011(i) or

13 3012(g), as the case may be, for an approved program

14 of education pursued on a full-time basis; or

15 ‘‘(2) an appropriately reduced amount based on

16 the amount so contributed, as determined under regu17 lations which the Secretary shall prescribe, for an ap18 proved program of education pursued on less than a

19 full-time basis.’’.

20 (c) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect on January 1, 2000.
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1 SEC. 306. CONTINUING ELIGIBILITY FOR EDUCATIONAL AS2 SISTANCE OF MEMBERS OF THE ARMED

3 FORCES ATTENDING OFFICER TRAINING

4 SCHOOL.

5 Section 3011(a)(1) is amended—

6 (1) in subparagraph (A)(ii)—

7 (A) by striking ‘‘or (III)’’ and inserting

8 ‘‘(III)’’; and

9 (B) by inserting before the semicolon at the

10 end the following: ‘‘or (IV) for immediate reen11 listment to accept a commission as an officer

12 and subsequently completes the resulting obli13 gated period of active duty service as a commis14 sioned officer’’; and

15 (2) in subparagraph (B)(ii)—

16 (A) by striking ‘‘, or (III)’’ and inserting ‘‘;

17 (III)’’; and

18 (B) by inserting before the semicolon at the

19 end the following: ‘‘or (IV) for immediate reen20 listment to accept a commission as an officer

21 and subsequently completes the resulting obli22 gated period of active duty service as a commis23 sioned officer’’.
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1 SEC. 307. ELIGIBILITY OF MEMBERS OF THE ARMED

2 FORCES TO WITHDRAW ELECTIONS NOT TO

3 RECEIVE MONTGOMERY GI BILL BASIC EDU4 CATIONAL ASSISTANCE.

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

6 amended by adding at the end the following:

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

8 paragraph (1) may withdraw the election at any time be9 fore the discharge or release of the individual from active

10 duty in the Armed Forces. An individual who withdraws

11 such an election may become entitled to basic educational

12 assistance under this chapter.

13 ‘‘(B) The withdrawal of an election under this para14 graph shall be made in accordance with regulations pre15 scribed by the Secretary of Defense or by the Secretary of

16 Transportation with respect to the Coast Guard when it

17 is not operating as a service in the Navy.

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

19 an election under this paragraph—

20 ‘‘(I) the basic pay of the individual shall be re21 duced by $100 for each month after the month in

22 which the election is made until the total amount of

23 such reductions equals $1,500; or

24 ‘‘(II) to the extent that basic pay is not so re25 duced before the individual’s discharge or release from

26 active duty in the Armed Forces, the Secretary, before
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1 authorizing the payment of educational assistance

2 under this chapter, shall ensure that an amount equal

3 to the difference between $1,500 and the total amount

4 of reductions under subclause (I) was paid before the

5 discharge or release of the individual from active duty

6 in the Armed Forces.

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

8 the Secretary at any time before discharge or release from

9 active duty in the Armed Forces an amount equal to the

10 total amount of the reduction in basic pay otherwise re11 quired with respect to the individual under that clause

12 minus the total amount of reductions of basic pay of the

13 individual under that clause at the time of the payment

14 under this clause.

15 ‘‘(iii) The second sentence of subsection (b) shall apply

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

17 ‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall

18 be deposited into the Treasury as miscellaneous receipts.

19 ‘‘(D) The withdrawal of an election under this para20 graph is irrevocable.’’.

21 (b) MEMBERS OF SELECTED RESERVE.—Section

22 3012(d) is amended by adding at the end the following:

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

24 paragraph (1) may withdraw the election at any time be25 fore the discharge or release of the individual from the
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1 Armed Forces. An individual who withdraws such an elec2 tion may become entitled to basic educational assistance

3 under this chapter.

4 ‘‘(B) The withdrawal of an election under this para5 graph shall be made in accordance with regulations pre6 scribed by the Secretary of Defense or by the Secretary of

7 Transportation with respect to the Coast Guard when it

8 is not operating as a service in the Navy.

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

10 an election under this paragraph—

11 ‘‘(I) the basic pay or compensation of the indi12 vidual shall be reduced by $100 for each month after

13 the month in which the election is made until the

14 total amount of such reductions equals $1,500; or

15 ‘‘(II) to the extent that basic pay or compensa16 tion is not so reduced before the individual’s discharge

17 or release from the Armed Forces, the Secretary, be18 fore authorizing the payment of educational assist19 ance under this chapter, shall ensure that an amount

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

21 amount of reductions under subclause (I) was paid

22 before the discharge or release of the individual from

23 the Armed Forces.

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

25 the Secretary at any time before discharge or release from
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1 the Armed Forces an amount equal to the total amount of

2 the reduction in basic pay or compensation otherwise re3 quired with respect to the individual under that clause

4 minus the total amount of reductions of basic pay or com5 pensation of the individual under that clause at the time

6 of the payment under this clause.

7 ‘‘(iii) The second sentence of subsection (c) shall apply

8 to any reductions in basic pay or compensation under

9 clause (i)(I).

10 ‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall

11 be deposited into the Treasury as miscellaneous receipts.

12 ‘‘(D) The withdrawal of an election under this para13 graph is irrevocable.’’.

14 SEC. 308. ACCELERATED PAYMENTS OF BASIC EDU15 CATIONAL ASSISTANCE.

16 Section 3014 is amended—

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

18 and

19 (2) by adding at the end the following new sub20 section:

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

22 educational assistance under this subchapter on an acceler23 ated basis.

24 ‘‘(2) The Secretary may pay basic educational assist25 ance on an accelerated basis under this subsection only to
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1 an individual entitled to payment of such assistance under

2 this subchapter who has made a request for payment of such

3 assistance on an accelerated basis.

4 ‘‘(3) In the event an adjustment under section 3015(g)

5 of this title in the monthly rate of basic educational assist6 ance will occur during a period for which a payment of

7 such assistance is made on an accelerated basis under this

8 subsection, the Secretary shall pay on an accelerated basis

9 the amount of such assistance otherwise payable under this

10 subchapter for the period without regard to the adjustment

11 under that section.

12 ‘‘(4) For each accelerated payment made to an indi13 vidual, the individual’s entitlement under this subchapter

14 shall be charged as if the individual had received a monthly

15 educational assistance allowance for the period of edu16 cational pursuit covered by the accelerated payment.

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

18 accelerated basis under this subsection as follows:

19 ‘‘(A) In the case of assistance for a course lead20 ing to a standard college degree, at the beginning of

21 the quarter, semester, or term of the course in a lump22 sum amount equivalent to the aggregate amount of

23 monthly assistance otherwise payable under this sub24 chapter for the quarter, semester, or term, as the case

25 may be, of the course.
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1 ‘‘(B) In the case of assistance for a course other

2 than a course referred to in subparagraph (A)—

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

4 course, or (II) a reasonable time after the request

5 for payment by the individual concerned; and

6 ‘‘(ii) in any amount requested by the indi7 vidual concerned within the limit, if any, speci8 fied in the regulations prescribed by the Sec9 retary under paragraph (6), with such limit not

10 to exceed the aggregate amount of monthly assist11 ance otherwise payable under this subchapter for

12 the period of the course.

13 ‘‘(6) The Secretary shall prescribe regulations for pur14 poses of making payments of basic educational assistance

15 on an accelerated basis under this subsection. Such regula16 tions shall include requirements relating to the request for,

17 making and delivery of, and receipt and use of such pay18 ments and may include a limit on the amount payable for

19 a course under paragraph (5)(B)(ii).’’.

20 SEC. 309. VETERANS EDUCATION AND VOCATIONAL TRAIN21 ING BENEFITS PROVIDED BY THE STATES.

22 (a) ANNUAL REPORT.—(1) Not later than six months

23 after the date of the enactment of this Act, and January

24 31 of each year thereafter, the Secretary of Veterans Affairs

25 shall, in consultation with the Secretary of Education, the
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1 Secretary of Defense, and the Secretary of Labor, submit

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

3 the House of Representatives a report on veterans education

4 and vocational training benefits provided by the States.

5 (2) A report under paragraph (1) shall include, for

6 the one-year period ending on the date of the report, the

7 following:

8 (A) A description of the assistance in securing

9 post-secondary education and vocational training

10 provided veterans by each State.

11 (B) A list of the States which provide veterans

12 full or partial waivers of tuition for attending insti13 tutions of higher education that are State-supported.

14 (C) A description of the actions taken by the De15 partment of Veterans Affairs, Department of Defense,

16 Department of Education, and Department of Labor

17 to encourage the States to provide benefits designed to

18 assist veterans in securing post-secondary education

19 and vocational training.

20 (b) SENSE OF CONGRESS REGARDING STATE VET21 ERANS EDUCATION AND VOCATIONAL TRAINING BENE22 FITS.—(1) Congress makes the following findings:

23 (A) The peace and prosperity of the citizens of

24 the States are ensured by the voluntary service of men

25 and women in the Armed Forces.
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1 (B) Veterans benefit from the military training

2 and discipline and the success-oriented attitude that

3 are inculcated by service in the Armed Forces.

4 (C) It is in the social and economic interests of

5 the States to take advantage of the positive personal

6 attributes of veterans which are nurtured through

7 service in the Armed Forces.

8 (D) A post-secondary education provides vet9 erans the means to maximize their contribution to the

10 society and economy of the States.

11 (E) Some States have recognized that it is in

12 their interest to provide veterans post-secondary edu13 cation on a tuition-free basis.

14 (2) It is the sense of Congress that each of the States

15 should admit qualified veterans to publicly-supported insti16 tutions of higher education on a tuition-free basis.

17 (c) STATE DEFINED.—In this section, the term ‘‘State’’

18 has the meaning given that term in section 101(20) of title

19 38, United States Code.

20 TITLE IV—MEMORIAL AFFAIRS

21 Subtitle A—Arlington National

22 Cemetery

23 SEC. 401. SHORT TITLE.

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

25 Cemetery Burial and Inurnment Eligibility Act of 1999’’.
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1 SEC. 402. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON

2 NATIONAL CEMETERY.

3 (a) IN GENERAL.—(1) Chapter 24 is amended by add4 ing at the end the following new section:

5 ‘‘§ 2412. Arlington National Cemetery: persons eligible

6 for burial

7 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol8 lowing individuals may be buried in Arlington National

9 Cemetery:

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

11 while on active duty.

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

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

14 time of death was entitled (or but for age would have

15 been entitled) to retired pay under chapter 1223 of

16 title 10.

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

18 separated for physical disability before October 1,

19 1949, who—

20 ‘‘(A) served on active duty; and

21 ‘‘(B) would have been eligible for retirement

22 under the provisions of section 1201 of title 10

23 (relating to retirement for disability) had that

24 section been in effect on the date of separation of

25 the member.
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1 ‘‘(4) Any former member of the Armed Forces

2 whose last active duty military service terminated

3 honorably and who has been awarded one of the fol4 lowing decorations:

5 ‘‘(A) Medal of Honor.

6 ‘‘(B) Distinguished Service Cross, Air Force

7 Cross, or Navy Cross.

8 ‘‘(C) Distinguished Service Medal.

9 ‘‘(D) Silver Star.

10 ‘‘(E) Purple Heart.

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

12 after November 30, 1993.

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

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

15 whose last discharge or separation from active duty

16 was under honorable conditions and who is or was

17 one of the following:

18 ‘‘(A) Vice President.

19 ‘‘(B) Member of Congress.

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

21 the Supreme Court.

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

23 (as such departments are listed in section 101 of

24 title 5).
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1 ‘‘(E) An individual who served in the for2 eign or national security services, if such indi3 vidual died as a result of a hostile action outside

4 the United States in the course of such service.

5 ‘‘(8) Any individual whose eligibility is author6 ized in accordance with subsection (b).

7 ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BURIAL.—(1)

8 In the case of a former member of the Armed Forces not

9 otherwise covered by subsection (a) whose last discharge or

10 separation from active duty was under honorable condi11 tions, if the Secretary of Defense makes a determination re12 ferred to in paragraph (3) with respect to such member,

13 the Secretary of Defense may authorize the burial of the

14 remains of such former member in Arlington National Cem15 etery under subsection (a)(8).

16 ‘‘(2) In the case of any individual not otherwise cov17 ered by subsection (a) or paragraph (1), if the President

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

19 respect to such individual, the President may authorize the

20 burial of the remains of such individual in Arlington Na21 tional Cemetery under subsection (a)(8).

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

23 (2) is a determination that the acts, service, or other con24 tributions to the Nation of the former member or individual

25 concerned are of equal or similar merit to the acts, service,
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1 or other contributions to the Nation of any of the persons

2 listed in subsection (a).

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

4 under this subsection, the President or the Secretary of De5 fense, as the case may be, shall submit to the Committees

6 on Veterans’ Affairs of the Senate and the House of Rep7 resentatives a report on the authorization not later than

8 72 hours after the authorization.

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

10 ‘‘(i) identify the individual authorized for bur11 ial; and

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

13 for burial.

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

15 under this subsection, the President or the Secretary of De16 fense, as the case may be, shall publish in the Federal Reg17 ister a notice of the authorization as soon as practicable

18 after the authorization.

19 ‘‘(B) Each notice under subparagraph (A) shall—

20 ‘‘(i) identify the individual authorized for bur21 ial; and

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

23 for burial.
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1 ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The remains

2 of the following individuals may be buried in Arlington Na3 tional Cemetery:

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

5 (B), the spouse, surviving spouse, minor child, and, at

6 the discretion of the Superintendent, unmarried adult

7 child of a person listed in subsection (a), but only if

8 buried in the same gravesite as that person.

9 ‘‘(B) In a case under subparagraph (A) in which

10 the same gravesite may not be used due to insufficient

11 space, a person otherwise eligible under that subpara12 graph may be interred in a gravesite adjoining the

13 gravesite of the person listed in subsection (a) if space

14 in such adjoining gravesite had been reserved for the

15 burial of such person otherwise eligible under that

16 subparagraph before January 1962.

17 ‘‘(2)(A) The spouse, minor child, and, at the dis18 cretion of the Superintendent, unmarried adult child

19 of a member of the Armed Forces on active duty if

20 such spouse, minor child, or unmarried adult child

21 dies while such member is on active duty.

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

23 and unmarried adult child is eligible under subpara24 graph (A), but only if buried in the same gravesite

25 as the spouse, minor child, or unmarried adult child.
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1 ‘‘(3) The parents of a minor child or unmarried

2 adult child whose remains, based on the eligibility of

3 a parent, are already buried in Arlington National

4 Cemetery, but only if buried in the same gravesite as

5 that minor child or unmarried adult child.

6 ‘‘(4)(A) Subject to subparagraph (B), the sur7 viving spouse, minor child, and, at the discretion of

8 the Superintendent, unmarried adult child of a mem9 ber of the Armed Forces who was lost, buried at sea,

10 or officially determined to be permanently absent in

11 a status of missing or missing in action.

12 ‘‘(B) A person is not eligible under subpara13 graph (A) if a memorial to honor the memory of the

14 member is placed in a cemetery in the national ceme15 tery system, unless the memorial is removed. A memo16 rial removed under this subparagraph may be placed,

17 at the discretion of the Superintendent, in Arlington

18 National Cemetery.

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

20 the discretion of the Superintendent, unmarried adult

21 child of a member of the Armed Forces buried in a

22 cemetery under the jurisdiction of the American Bat23 tle Monuments Commission.

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

25 surviving spouse of a person whose remains are buried in
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1 Arlington National Cemetery by reason of eligibility under

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

3 the same gravesite of that person. The spouse of the sur4 viving spouse is not eligible for burial in such gravesite.

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

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

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

8 or mental condition, the child may be buried under sub9 section (c) without requirement for approval by the Super10 intendent under that subsection if the burial is in the same

11 gravesite as the gravesite in which the parent, who is eligi12 ble for burial under subsection (a), has been or will be bur13 ied.

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

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

16 burial under subsection (a) who is buried in Arlington Na17 tional Cemetery as part of a group burial, the surviving

18 spouse, minor child, or unmarried adult child of the mem19 ber may not be buried in the group gravesite.

20 ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ARLING21 TON NATIONAL CEMETERY.—Eligibility for burial of re22 mains in Arlington National Cemetery prescribed under

23 this section is the exclusive eligibility for such burial.

24 ‘‘(h) APPLICATION FOR BURIAL.—A request for burial

25 of remains of an individual in Arlington National Ceme-
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1 tery made before the death of the individual may not be

2 considered by the Secretary of the Army, the Secretary of

3 Defense, or any other responsible official.

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

5 Secretary of the Army shall maintain a register of each in6 dividual buried in Arlington National Cemetery and shall

7 make such register available to the public.

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

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

10 description of the basis of eligibility of the individual for

11 burial in Arlington National Cemetery.

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

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

14 Forces’ means—

15 ‘‘(A) any member of the Armed Forces on a

16 retired list who served on active duty and who

17 is entitled to retired pay;

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

19 Fleet Marine Corps Reserve who served on active

20 duty and who is entitled to retainer pay; and

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

22 the Armed Forces who has served on active duty

23 and who has received notice from the Secretary

24 concerned under section 12731(d) of title 10 of
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1 eligibility for retired pay under chapter 1223 of

2 title 10.

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

4 Forces’ includes a person whose service is considered

5 active duty service pursuant to a determination of the

6 Secretary of Defense under section 401 of Public Law

7 95–202 (38 U.S.C. 106 note).

8 ‘‘(3) The term ‘Superintendent’ means the Su9 perintendent of Arlington National Cemetery.’’.

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

11 24 is amended by adding at the end the following new item:

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

12 (b) PUBLICATION OF UPDATED PAMPHLET.—Not later

13 than 180 days after the date of enactment of this Act, the

14 Secretary of the Army shall publish an updated pamphlet

15 describing eligibility for burial in Arlington National Cem16 etery. The pamphlet shall reflect the provisions of section

17 2412 of title 38, United States Code, as added by subsection

18 (a).

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

20 amended—

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

22 entitled)’’ after ‘‘was entitled’’;

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

24 ‘‘chapter 1223’’; and
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1 (3) by striking ‘‘or would have been entitled to’’

2 and all that follows and inserting a period.

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

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

5 with respect to individuals dying on or after the date of

6 the enactment of this Act.

7 SEC. 403. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL8 UMBARIUM IN ARLINGTON NATIONAL CEME9 TERY.

10 (a) IN GENERAL.—(1) Chapter 24 is amended by add11 ing after section 2412, as added by section 402(a)(1) of this

12 Act, the following new section:

13 ‘‘§ 2413. Arlington National Cemetery: persons eligible

14 for placement in columbarium

15 ‘‘(a) ELIGIBILITY.—The cremated remains of the fol16 lowing individuals may be placed in the columbarium in

17 Arlington National Cemetery:

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

19 National Cemetery under section 2412 of this title.

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

21 duty service (other than active duty for training)

22 ended honorably.

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

24 and, at the discretion of the Superintendent of Arling-
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1 ton National Cemetery, unmarried adult child of such

2 a veteran.

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

4 to a spouse under this section in the same manner as it

5 applies to a spouse under section 2412 of this title.’’.

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

7 24 is amended by adding after section 2412, as added by

8 section 402(a)(2) of this Act, the following new item:

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

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

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

11 with respect to individuals dying on or after the date of

12 the enactment of this Act.

13 Subtitle B—Other Memorial

14 Matters

15 SEC. 411. ESTABLISHMENT OF ADDITIONAL NATIONAL

16 CEMETERIES.

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

18 shall establish, in accordance with chapter 24 of title 38,

19 United States Code, the following:

20 (1) A national cemetery in the Atlanta, Georgia,

21 metropolitan area to serve the needs of veterans and

22 their families.
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1 (2) A national cemetery in Southwestern Penn2 sylvania to serve the needs of veterans and their fami3 lies.

4 (3) A national cemetery in the Miami, Florida,

5 metropolitan area to serve the needs of veterans and

6 their families.

7 (4) A national cemetery in the Detroit, Michi8 gan, metropolitan area to serve the needs of veterans

9 and their families.

10 (5) A national cemetery in the Sacramento,

11 California, metropolitan area to serve the needs of

12 veterans and their families.

13 (b) CONSULTATION IN SELECTION OF SITES.—Before

14 selecting the sites for the national cemeteries to be estab15 lished under subsection (a), the Secretary shall consult

16 with—

17 (1) in the case of the national cemetery to be es18 tablished under paragraph (1) of that subsection, ap19 propriate officials of the State of Georgia and appro20 priate officials of local governments in the Atlanta,

21 Georgia, metropolitan area;

22 (2) in the case of the national cemetery to be es23 tablished under paragraph (2) of that subsection, ap24 propriate officials of the State of Pennsylvania and
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1 appropriate officials of local governments in South2 western Pennsylvania;

3 (3) in the case of the national cemetery to be es4 tablished under paragraph (3) of that subsection, ap5 propriate officials of the State of Florida and appro6 priate officials of local governments in the Miami,

7 Florida, metropolitan area;

8 (4) in the case of the national cemetery to be es9 tablished under paragraph (4) of that subsection, ap10 propriate officials of the State of Michigan and ap11 propriate officials of local governments in the Detroit,

12 Michigan, metropolitan area;

13 (5) in the case of the national cemetery to be es14 tablished under paragraph (5) of that subsection, ap15 propriate officials of the State of California and ap16 propriate officials of local governments in the Sac17 ramento, California, metropolitan area; and

18 (6) appropriate officials of the United States, in19 cluding the Administrator of General Services, with

20 respect to land belonging to the United States that

21 would be suitable as a location for the establishment

22 of each such national cemetery.

23 (c) REPORT.—As soon as practicable after the date of

24 the enactment of this Act, the Secretary shall submit to Con25 gress a report on the establishment of the national ceme-
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1 teries under subsection (a). The report shall set forth a

2 schedule for the establishment of each such cemetery and

3 an estimate of the costs associated with the establishment

4 of each such cemetery.

5 SEC. 412. USE OF FLAT GRAVE MARKERS AT SANTA FE NA6 TIONAL CEMETERY, NEW MEXICO.

7 (a) AUTHORITY TO USE FLAT GRAVE MARKERS AT

8 SANTA FE NATIONAL CEMETERY.—Notwithstanding section

9 2404(c)(2) of title 38, United States Code, the Secretary of

10 Veterans Affairs may provide for flat grave markers at the

11 Santa Fe National Cemetery, New Mexico.

12 (b) REPORT COMPARING USE OF FLAT GRAVE MARK13 ERS AND UPRIGHT GRAVE MARKERS.—(1) Not later than

14 90 days after the date of the enactment of this Act, the Sec15 retary of Veterans Affairs shall submit to the Committees

16 on Veterans’ Affairs of the Senate and the House of Rep17 resentatives a report assessing the advantages and dis18 advantages of the use by the National Cemetery Adminis19 tration of flat grave markers and upright grave markers.

20 (2) The report under paragraph (1) shall set forth the

21 advantages and disadvantages of the use of each type of

22 grave marker referred to in that paragraph, and shall in23 clude criteria to be utilizing in determining whether to pre24 fer the use of one such type of grave marker over the other.
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1 Subtitle C—World War II Memorial

2 SEC. 421. SHORT TITLE.

3 This subtitle may be cited as the ‘‘World War II Memo4 rial Completion Act’’.

5 SEC. 422. FUND RAISING BY AMERICAN BATTLE MONU6 MENTS COMMISSION FOR WORLD WAR II ME7 MORIAL.

8 (a) CODIFICATION OF EXISTING AUTHORITY; EXPAN9 SION OF AUTHORITY.—(1) Chapter 21 of title 36, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 2113. World War II memorial in the District of Co13 lumbia

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

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

16 the memorial authorized by Public Law 103–32 (107

17 Stat. 90) to be established by the American Battle

18 Monuments Commission on Federal land in the Dis19 trict of Columbia or its environs to honor members of

20 the Armed Forces who served in World War II and

21 to commemorate the participation of the United

22 States in that war.

23 ‘‘(2) The term ‘Commission’ means the American

24 Battle Monuments Commission.
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1 ‘‘(3) The term ‘memorial fund’ means the fund

2 created by subsection (c).

3 ‘‘(b) SOLICITATION AND ACCEPTANCE OF CONTRIBU4 TIONS.—Consistent with the authority of the Commission

5 under section 2103(e) of this title, the Commission shall so6 licit and accept contributions for the World War II memo7 rial.

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

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

10 II memorial, which shall consist of the following:

11 ‘‘(A) Amounts deposited, and interest and pro12 ceeds credited, under paragraph (2).

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

14 ‘‘(C) The amount of surcharges paid to the Com15 mission for the World War II memorial under the

16 World War II 50th Anniversary Commemorative

17 Coins Act.

18 ‘‘(D) Amounts borrowed using the authority pro19 vided under subsection (e).

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

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

22 of, or the right to use, any mark, copyright or patent.

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

24 in the memorial fund the amounts accepted as contributions

25 under subsection (b). The Secretary of the Treasury shall
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1 credit to the memorial fund the interest on, and the proceeds

2 from sale or redemption of, obligations held in the memorial

3 fund.

4 ‘‘(3) The Secretary of the Treasury shall invest any

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

6 Chairman of the Commission, is not required to meet cur7 rent expenses. Each investment shall be made in an interest

8 bearing obligation of the United States or an obligation

9 guaranteed as to principal and interest by the United

10 States that, as determined by the Chairman of the Commis11 sion, has a maturity suitable for the memorial fund.

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

13 shall be available to the Commission for—

14 ‘‘(1) the expenses of establishing the World War

15 II memorial, including the maintenance and preser16 vation amount provided for in section 8(b) of the

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

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

19 maintenance, with respect to the World War II memo20 rial as the Commission considers warranted; and

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

22 and license any mark, copyright or patent that is

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

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

25 the construction of the World War II memorial.
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1 ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To assure

2 that groundbreaking, construction, and dedication of the

3 World War II memorial are completed on a timely basis,

4 the Commission may borrow money from the Treasury of

5 the United States in such amounts as the Commission con6 siders necessary, but not to exceed a total of $65,000,000.

7 Borrowed amounts shall bear interest at a rate determined

8 by the Secretary of the Treasury, taking into consideration

9 the average market yield on outstanding marketable obliga10 tions of the United States of comparable maturities during

11 the month preceding the month in which the obligations of

12 the Commission are issued. The interest payments on such

13 obligations may be deferred with the approval of the Sec14 retary of the Treasury, but any interest payment so deferred

15 shall also bear interest.

16 ‘‘(2) The borrowing of money by the Commission under

17 paragraph (1) shall be subject to such maturities, terms,

18 and conditions as may be agreed upon by the Commission

19 and the Secretary of the Treasury, except that the matu20 rities may not exceed 20 years and such borrowings may

21 be redeemable at the option of the Commission before matu22 rity.

23 ‘‘(3) The obligations of the Commission shall be issued

24 in amounts and at prices approved by the Secretary of the

25 Treasury. The authority of the Commission to issue obliga-
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1 tions under this subsection shall remain available without

2 fiscal year limitation. The Secretary of the Treasury shall

3 purchase any obligations of the Commission to be issued

4 under this subsection, and for such purpose the Secretary

5 of the Treasury may use as a public debt transaction of

6 the United States the proceeds from the sale of any securi7 ties issued under chapter 31 of title 31. The purposes for

8 which securities may be issued under such chapter are ex9 tended to include any purchase of the Commission’s obliga10 tions under this subsection.

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

12 funds borrowed by the Commission under paragraph (1)

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

14 Commission may not use for such purpose any funds appro15 priated for any other activities of the Commission.

16 ‘‘(f) TREATMENT OF BORROWING AUTHORITY.—In de17 termining whether the Commission has sufficient funds to

18 complete construction of the World War II memorial, as re19 quired by section 8 of the Commemorative Works Act (40

20 U.S.C. 1008), the Secretary of the Interior shall consider

21 the funds that the Commission may borrow from the Treas22 ury under subsection (e) as funds available to complete con23 struction of the memorial, whether or not the Commission

24 has actually exercised the authority to borrow such funds.
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1 ‘‘(g) VOLUNTARY SERVICES.—(1) Notwithstanding sec2 tion 1342 of title 31, the Commission may accept from any

3 person voluntary services to be provided in furtherance of

4 the fund-raising activities of the Commission relating to the

5 World War II memorial.

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

7 subsection shall be considered to be a Federal employee for

8 purposes of chapter 81 of title 5, relating to compensation

9 for work-related injuries, and chapter 171 of title 28, relat10 ing to tort claims. A volunteer who is not otherwise em11 ployed by the Federal Government shall not be considered

12 to be a Federal employee for any other purpose by reason

13 of the provision of such voluntary service, except that any

14 volunteers given responsibility for the handling of funds or

15 the carrying out of a Federal function are subject to the

16 conflict of interest laws contained in chapter 11 of title 18,

17 and the administrative standards of conduct contained in

18 part 2635 of title 5, Code of Federal Regulations.

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

20 of incidental expenses which are incurred by a person pro21 viding voluntary services under this subsection. The Com22 mission shall determine which expenses are eligible for re23 imbursement under this paragraph.

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

25 require Federal employees to work without compensation or
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1 to allow the use of volunteer services to displace or replace

2 Federal employees.

3 ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A con4 tract entered into by the Commission for the design or con5 struction of the World War II memorial is not a funding

6 agreement as that term is defined in section 201 of title

7 35.

8 ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH ME9 MORIAL.—Notwithstanding section 10 of the Commemora10 tive Works Act (40 U.S.C. 1010), the legislative authoriza11 tion for the construction of the World War II memorial con12 tained in Public Law 103–32 (107 Stat. 90) shall not ex13 pire until December 31, 2005.’’.

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

15 21 of title 36, United States Code, is amended by adding

16 at the end the following new item:

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

17 (b) CONFORMING AMENDMENTS.—Public Law 103–32

18 (107 Stat. 90) is amended by striking sections 3, 4, and

19 5.

20 (c) EFFECT OF REPEAL OF CURRENT MEMORIAL

21 FUND.—Upon the date of the enactment of this Act, the Sec22 retary of the Treasury shall transfer amounts in the fund

23 created by section 4(a) of Public Law 103–32 (107 Stat.

24 91) to the fund created by section 2113 of title 36, United

25 States Code, as added by subsection (a).
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1 SEC. 423. GENERAL AUTHORITY OF AMERICAN BATTLE

2 MONUMENTS COMMISSION TO SOLICIT AND

3 RECEIVE CONTRIBUTIONS.

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

5 Code, is amended to read as follows:

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

8 and in-kind donations and gifts from any State, municipal,

9 or private source to carry out the purposes of this chapter.

10 The Commission shall deposit such funds in a separate ac11 count in the Treasury. Funds from this account shall be

12 disbursed upon vouchers approved by the Chairman of the

13 Commission as well as by a Federal official authorized to

14 sign payment vouchers.

15 ‘‘(2) The Commission shall establish written guidelines

16 setting forth the criteria to be used in determining whether

17 the acceptance of funds and in-kind donations and gifts

18 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 appearance

24 of the integrity of the programs of the Commission or

25 any official involved in those programs.’’.
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1 SEC. 424. INTELLECTUAL PROPERTY AND RELATED ITEMS.

2 Section 2103 of title 36, United States Code, is amend3 ed by adding at the end the following new subsection:

4 ‘‘(l) INTELLECTUAL PROPERTY AND RELATED

5 ITEMS.—(1) The Commission may—

6 ‘‘(A) adopt, use, register, and license trademarks,

7 service marks, and other marks;

8 ‘‘(B) obtain, use, register, and license the use of

9 copyrights consistent with section 105 of title 17;

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

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

12 and licenses for use by the Commission.

13 ‘‘(2) The Commission may grant exclusive and non14 exclusive licenses in connection with any mark, copyright,

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

16 patent, except to extent the grant of such license by the Com17 mission would be contrary to any contract or license by

18 which the use of such mark, copyright or patent was ob19 tained.

20 ‘‘(3) The Commission may enforce any mark, copy21 right, or patent by an action in the district courts under

22 any law providing for the protection of such marks, copy23 rights, or patents.

24 ‘‘(4) The Attorney General shall furnish the Commis25 sion with such legal representation as the Commission may

26 require under paragraph (3). The Secretary of Defense shall
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1 provide representation for the Commission in administra2 tive proceedings before the Patent and Trademark Office

3 and Copyright Office.

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

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

6 TITLE V—UNITED STATES

7 COURT OF APPEALS FOR VET8 ERANS CLAIMS

9 SEC. 501. TEMPORARY SERVICE OF CERTAIN JUDGES OF

10 UNITED STATES COURT OF APPEALS FOR

11 VETERANS CLAIMS UPON EXPIRATION OF

12 THEIR TERMS OR RETIREMENT.

13 (a) AUTHORITY FOR TEMPORARY SERVICE.—(1) Not14 withstanding subsection (c) of section 7253 of title 38,

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

16 section, a judge of the Court whose term on the Court ex17 pires in 2004 or 2005 and completes such term, or who re18 tires from the Court under section 7296(b)(1) of such title,

19 may continue to serve on the Court after the expiration of

20 the judge’s term or retirement, as the case may be, without

21 reappointment for service on the Court under such section

22 7253.

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

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

2 before the earlier of—

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

4 Court as described in that paragraph; or

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

6 and service requirements for eligibility for retirement

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

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

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

10 section, may not exceed 7.

11 (b) PERIOD OF TEMPORARY SERVICE.—(1) The service

12 of a judge on the Court under this section may continue

13 until the earlier of—

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

15 which the chief judge of the Court submits to the

16 President and Congress a written certification based

17 on the projected caseload of the Court that the work

18 of the Court can be performed in a timely and effi19 cient manner by judges of the Court under this sec20 tion who are senior on the Court to the judge electing

21 to continue to provide temporary service under this

22 section or without judges under this section; or

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

24 the position on the Court occupied by the judge under

25 this section is qualified for the position.
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1 (2) Subsections (f) and (g) of section 7253 of title 38,

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

3 of a judge on the Court under this section.

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

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

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

7 another position on the Court is vacant, the judge may serve

8 in such other position under this section.

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

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

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

12 under that paragraph.

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

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

15 Court continues under this section shall be paid for the pe16 riod of service under this section an amount as follows:

17 (A) In the case of a person eligible to receive re18 tired pay under subchapter V of chapter 72 of title

19 38, United States Code, or a retirement annuity

20 under subchapter III of chapter 83 or subchapter II

21 of chapter 84 of title 5, United States Code, as appli22 cable, an amount equal to one-half of the amount of

23 the current salary payable to a judge of the Court

24 under chapter 72 of title 38, United States Code, hav-
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1 ing a status on the Court equivalent to the highest

2 status on the Court attained by the person.

3 (B) In the case of a person not eligible to receive

4 such retired pay or such retirement annuity, an

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

7 having a status on the Court equivalent to the highest

8 status on the Court attained by the person.

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

10 described in paragraph (1)(A)—

11 (A) shall not be treated as—

12 (i) compensation for employment with the

13 United States for purposes of section 7296(e) of

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

15 title 5, United States Code, relating to the re16 ceipt or forfeiture of retired pay or retirement

17 annuities by a person accepting compensation

18 for employment with the United States; or

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

22 title 38, United States Code, or under chapter 83

23 or 84 of title 5, United States Code, as applica24 ble; but
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1 (B) may, at the election of the person, be treated

2 as pay for purposes of deductions or contributions for

3 or on behalf of the person to a retirement or other an4 nuity, or both, under subchapter V of chapter 72 of

5 title 38, United States Code, or under chapter 83 or

6 84 of title 5, United States Code, as applicable.

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

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

9 purposes of deductions or contributions for or on behalf of

10 the person to retired pay or a retirement or other annuity

11 under subchapter V of chapter 72 of title 38, United States

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

13 Code, as applicable.

14 (4) Amounts paid under this subsection shall be de15 rived from amounts available for payment of salaries and

16 benefits of judges of the Court.

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

18 of the Court under this section of a person who makes an

19 election provided for under subsection (d)(2)(B) shall con20 stitute creditable service toward the judge’s years of judicial

21 service for purposes of section 7297 of title 38, United States

22 Code, with such service creditable at a rate equal to the

23 rate at which such service would be creditable for such pur24 poses if served by a judge of the Court under chapter 72

25 of that title.
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1 (2) The service as a judge of the Court under this sec2 tion of a person paid salary under subsection (d)(1)(B)

3 shall constitute creditable service of the person toward re4 tirement under subchapter V of chapter 72 of title 38,

5 United States Code, or subchapter III of chapter 83 or sub6 chapter II of chapter 84 of title 5, United States Code, as

7 applicable.

8 (f) ELIGIBILITY FOR ADDITIONAL SERVICE.—The serv9 ice of a person as a judge of the Court under this section

10 shall not affect the eligibility of the person for appointment

11 to an additional term or terms on the Court, whether in

12 the position occupied by the person under this section or

13 in another position on the Court.

14 (g) TREATMENT OF PARTY MEMBERSHIP.—For pur15 poses of determining compliance with the last sentence of

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

17 membership of a judge serving on the Court under this sec18 tion shall not be taken into account.

19 SEC. 502. MODIFIED TERMS FOR CERTAIN JUDGES OF

20 UNITED STATES COURT OF APPEALS FOR

21 VETERANS CLAIMS.

22 (a) MODIFIED TERMS.—Notwithstanding section

23 7253(c) of title 38, United States Code, the term of any

24 judge of the Court who is appointed to a position on the

25 Court that becomes vacant in 2004 shall be 13 years.
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1 (b) ELIGIBILITY FOR RETIREMENT.—(1) For purposes

2 of determining the eligibility to retire under section 7296

3 of title 38, United States Code, of a judge appointed as de4 scribed in subsection (a)—

5 (A) the age and service requirements in the table

6 in paragraph (2) shall apply to the judge instead of

7 the age and service requirements in the table in sub8 section (b)(1) of that section that would otherwise

9 apply to the judge; and

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

11 judge for eligibility to retire under the first sentence

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

13 instead of 15 years.

14 (2) The age and service requirements in this para15 graph are as follows:

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

judge are at least

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

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

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

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

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

70 ............................................................................................. 10
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1 SEC. 503. TEMPORARY AUTHORITY FOR VOLUNTARY SEPA2 RATION INCENTIVES FOR CERTAIN JUDGES

3 ON UNITED STATES COURT OF APPEALS FOR

4 VETERANS CLAIMS.

5 (a) TEMPORARY AUTHORITY.—A voluntary separation

6 incentive payment may be paid in accordance with this sec7 tion to any judge of the Court described in subsection (c).

8 (b) AMOUNT OF INCENTIVE PAYMENT.—The amount of

9 a voluntary separation incentive payment paid to a judge

10 under this section shall be $25,000.

11 (c) COVERED JUDGES.—A voluntary separation incen12 tive payment may be paid under this section to any judge

13 of the Court who—

14 (1) meets the age and service requirements for re15 tirement set forth in section 7296(b)(1) of title 38,

16 United States Code, as of the date on which the judge

17 retires from the Court;

18 (2) submits a notice of an intent to retire in ac19 cordance with subsection (d); and

20 (3) retires from the Court under that section not

21 later than 30 days after the date on which the judge

22 meets such age and service requirements.

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

24 the Court seeking payment of a voluntary separation incen25 tive payment under this section shall submit to the Presi26 dent and Congress a timely notice of an intent to retire
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1 from the Court, together with a request for payment of the

2 voluntary separation incentive payment.

3 (2) A notice shall be timely submitted under para4 graph (1) only if submitted—

5 (A) not later than one year before the date of re6 tirement of the judge concerned from the Court; or

7 (B) in the case of a judge whose retirement from

8 the Court will occur less than one year after the date

9 of the enactment of this Act, not later than 30 days

10 after the date of the enactment of this Act.

11 (e) DATE OF PAYMENT.—A voluntary separation in12 centive payment may be paid to a judge of the Court under

13 this section only upon the retirement of the judge from the

14 Court.

15 (f) TREATMENT OF PAYMENT.—A voluntary separa16 tion incentive payment paid to a judge under this section

17 shall not be treated as pay for purposes of contributions

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

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

20 38, United States Code.

21 (g) ELIGIBILITY FOR TEMPORARY SERVICE ON

22 COURT.—A judge seeking payment of a voluntary separa23 tion incentive payment under this section may serve on the

24 Court under section 401 if eligible for such service under

25 that section.
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1 (h) SOURCE OF PAYMENTS.—Amounts for voluntary

2 separation incentive payments under this section shall be

3 derived from amounts available for payment of salaries and

4 benefits of judges of the Court.

5 (i) EXPIRATION OF AUTHORITY.—A voluntary separa6 tion incentive payment may not be paid under this section

7 to a judge who retires from the Court after December 31,

8 2002.

9 SEC. 504. DEFINITION.

10 In this title, the term ‘‘Court’’ means the United States

11 Court of Appeals for Veterans Claims.

Amend the title so as to read: ‘‘An Act to amend

title 38, United States Code, to enhance programs providing health care, education, memorial, and other benefits for veterans, to authorize major medical facility

projects for the Department of Veterans Affairs, and for

other purposes.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 2116

AMENDMENTS
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