I

106TH CONGRESS

1ST SESSION H. R. 2280

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

in rates of compensation paid for service-connected disabilities, to enhance the compensation, memorial affairs, and housing programs of

the Department of Veterans Affairs, to improve retirement authorities

applicable to judges of the United States Court of Appeals for Veterans

Claims, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1999

Mr. STUMP (for himself, Mr. EVANS, Mr. QUINN, and Mr. FILNER) introduced

the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

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

service-connected disabilities, to enhance the compensation, memorial affairs, and housing programs of the Department of Veterans Affairs, to improve retirement authorities applicable to judges of the United States Court

of Appeals for Veterans Claims, and for other purposes.

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

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

3 ‘‘Veterans Benefits Improvement Act of 1999’’.

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—COMPENSATION

Sec. 101. Increase in rates of disability compensation and dependency and indemnity compensation.

Sec. 102. Presumption that bronchiolo-alveolar carcinoma is service-connected.

Sec. 103. Dependency and indemnity compensation for surviving spouses of

former prisoners of war.

Sec. 104. Reinstatement of certain benefits for remarried surviving spouses of

veterans upon termination of their remarriage.

TITLE II—MEMORIAL AFFAIRS

Subtitle A—American Battle Monuments Commission

Sec. 201. Codification and expansion of authority for World War II Memorial.

Sec. 202. General authority to solicit and receive contributions.

Sec. 203. Intellectual property and related items.

Sec. 204. Technical amendments.

Subtitle B—National Cemeteries

Sec. 211. Establishment of additional national cemeteries.

Sec. 212. Independent study on improvements to veterans’ cemeteries.

TITLE III—HOUSING

Sec. 301. Permanent eligibility for housing loans for former members of the Selected Reserve.

Sec. 302. Homeless veterans’ reintegration programs.

Sec. 303. Transitional housing loan guarantee program technical amendment.

TITLE IV—COURT OF APPEALS FOR VETERANS CLAIMS

Sec. 401. Authority to prescribe rules and regulations.

Sec. 402. Recall of retired judges.

Sec. 403. Calculation of years of service as a judge.

Sec. 404. Judges’ retired pay.

Sec. 405. Survivor annuities.

Sec. 406. Limitation on activities of retired judges.

Sec. 407. Early retirement authority for current judges in order to provide for

staggered terms of judges.

TITLE V—OTHER MATTERS

Sec. 501. Repeal of certain sunset provisions.
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Sec. 502. Enhanced quality assurance program within the Veterans Benefits

Administration.

Sec. 503. Extension of Advisory Committee on Minority Veterans.

Sec. 504. Recognition of Veterans of Foreign Wars.

Sec. 505. Codification of recurring provisions in annual Department of Veterans Affairs Appropriations Acts.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

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

7 TITLE I—COMPENSATION

8 SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSA9 TION AND DEPENDENCY AND INDEMNITY

10 COMPENSATION.

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

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

13 dollar amounts in effect for the payment of disability com14 pensation and dependency and indemnity compensation by

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

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

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

18 the following:

19 (1) COMPENSATION.—Each of the dollar

20 amounts in effect under section 1114 of title 38,

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

3 sections 1115(1) of such title.

4 (3) CLOTHING ALLOWANCE.—The dollar

5 amount in effect under section 1162 of such title.

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

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

8 1311(a) of such title.

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

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

11 title.

12 (6) ADDITIONAL DIC FOR SURVIVING SPOUSES

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

15 (7) ADDITIONAL DIC FOR DISABILITY.—The

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

17 1311(d) of such title.

18 (8) DIC FOR DEPENDENT CHILDREN.—The

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

20 1314 of such title.

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

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

2 amount shall be increased by the same percentage as the

3 percentage by which benefit amounts payable under title

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

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

7 415(i)).

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

10 down to the next lower whole dollar amount.

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

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

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

16 compensation payable pursuant to chapter 11 of title 38,

17 United States Code.

18 (e) PUBLICATION OF ADJUSTED RATES.—At the

19 same time as the matters specified in section 215(i)(2)(D)

20 of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are

21 required to be published by reason of a determination

22 made under section 215(i) of such Act during fiscal year

23 1999, the Secretary of Veterans Affairs shall publish in

24 the Federal Register the amounts specified in subsection

25 (b), as increased pursuant to this section.
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1 SEC. 102. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR

2 CARCINOMA IS SERVICE-CONNECTED.

3 Section 1112(c)(2) is amended by adding at the end

4 the following new subparagraph:

5 ‘‘(P) Bronchiolo-alveolar carcinoma.’’.

6 SEC. 103. DEPENDENCY AND INDEMNITY COMPENSATION

7 FOR SURVIVING SPOUSES OF FORMER PRIS8 ONERS OF WAR.

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

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

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

12 disabling if—’’; and

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

14 paragraph:

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

16 who died after September 30, 1999, and who had

17 been diagnosed as having one of the diseases speci18 fied in section 1112(b) of this title.’’.

19 (b) CONFORMING AMENDMENTS.—Such section is

20 further amended—

21 (1) in paragraph (1)—

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

23 ‘‘(1)’’; and

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

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘if so rated for a lesser pe2 riod, was so rated continuously’’ and inserting

3 ‘‘the disability was continuously rated totally

4 disabling’’; and

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

6 inserting ‘‘; or’’.

7 SEC. 104. REINSTATEMENT OF CERTAIN BENEFITS FOR RE8 MARRIED SURVIVING SPOUSES OF VETERANS

9 UPON TERMINATION OF THEIR REMARRIAGE.

10 (a) RESTORATION OF PRIOR ELIGIBILITY.—Section

11 103(d) is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

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

14 ‘‘(2) The remarriage of the surviving spouse of a vet15 eran shall not bar the furnishing of benefits specified in

16 paragraph (5) to such person as the surviving spouse of

17 the veteran if the remarriage has been terminated by

18 death or divorce unless the Secretary determines that the

19 divorce was secured through fraud or collusion.

20 ‘‘(3) If the surviving spouse of a veteran ceases living

21 with another person and holding himself or herself out

22 openly to the public as that person’s spouse, the bar to

23 granting that person benefits as the surviving spouse of

24 the veteran shall not apply in the case of the benefits spec25 ified in paragraph (5).
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1 ‘‘(4) The first month of eligibility for benefits for a

2 surviving spouse by reason of this subsection shall be the

3 month after—

4 ‘‘(A) the month of the termination of such re5 marriage, in the case of a surviving spouse described

6 in paragraph (2); or

7 ‘‘(B) the month of the cessation described in

8 paragraph (3), in the case of a surviving spouse de9 scribed in that paragraph.

10 ‘‘(5) Paragraphs (2) and (3) apply with respect to

11 benefits under the following provisions of this title:

12 ‘‘(A) Section 1311, relating to dependency and

13 indemnity compensation.

14 ‘‘(B) Section 1713, relating to medical care for

15 survivors and dependents of certain veterans.

16 ‘‘(C) Chapter 35, relating to educational assist17 ance.

18 ‘‘(D) Chapter 37, relating to housing loans.’’.

19 (b) CONFORMING AMENDMENT.—Section 1311 is

20 amended by striking subsection (e).

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

22 subsections (a) and (b) shall take effect on the first day

23 of the first month beginning after the month in which this

24 Act is enacted or October 1, 1999, whichever is later.
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1 (d) LIMITATION.—No payment may be made to a

2 person by reason of paragraphs (2) and (3) of section

3 103(d) of title 38, United States Code, as added by sub4 section (a), for any period before the effective date speci5 fied in subsection (c).

6 TITLE II—MEMORIAL AFFAIRS

7 Subtitle A—American Battle

8 Monuments Commission

9 SEC. 201. CODIFICATION AND EXPANSION OF AUTHORITY

10 FOR WORLD WAR II MEMORIAL.

11 (a) CODIFICATION OF EXISTING AUTHORITY; EX12 PANSION OF AUTHORITY.—(1) Chapter 21 of title 36,

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

14 following new section:

15 ‘‘§ 2113. World War II memorial in the District of Co16 lumbia

17 ‘‘(a) SOLICITATION AND ACCEPTANCE OF CONTRIBU18 TIONS.—Consistent with its authority under section

19 2103(e) of this title, the American Battle Monuments

20 Commission shall solicit and accept contributions for the

21 memorial authorized by Public Law 103–32 (40 U.S.C.

22 1003 note) to be established by the Commission on Fed23 eral land in the District of Columbia or its environs to

24 honor members of the Armed Forces who served in World

25 War II and to commemorate the participation of the
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1 United States in that war (hereinafter in this section re2 ferred to as the ‘World War II memorial’).

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

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

5 II memorial. The fund shall consist of the following:

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

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

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

10 Commission for the World War II memorial under

11 the World War II 50th Anniversary Commemorative

12 Coins Act (31 U.S.C. 5112 note).

13 ‘‘(D) Amounts borrowed using the authority

14 provided under subsection (d).

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

16 under section 2114 of this title in exchange for use

17 of, or the right to use, any mark, copyright or pat18 ent.

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

20 in the fund the amounts accepted as contributions under

21 subsection (a). The Secretary of the Treasury shall credit

22 to the fund the interest on, and the proceeds from sale

23 or redemption of, obligations held in the fund.

24 ‘‘(3) The Secretary shall invest any portion of the

25 fund that, as determined by the Chairman, is not required
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1 to meet current expenses. Each investment shall be made

2 in an interest-bearing obligation of the United States or

3 an obligation guaranteed as to principal and interest by

4 the United States that the Chairman determines has a

5 maturity suitable for the fund.

6 ‘‘(c) USE OF FUND.—The fund shall be available to

7 the Commission—

8 ‘‘(1) for the expenses of establishing the World

9 War II memorial, including the maintenance and

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

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

12 ‘‘(2) for such other expenses, other than routine

13 maintenance, with respect to the World War II me14 morial as the Commission considers warranted; and

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

16 and license any mark, copyright or patent that is

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

18 under section 2114 of this title to aid or facilitate

19 the construction of the World War II memorial.

20 ‘‘(d) SPECIAL BORROWING AUTHORITY.—(1) To as21 sure that groundbreaking, construction, and dedication of

22 the World War II memorial are carried out on a timely

23 basis, the Commission may borrow money from the Treas24 ury of the United States in such amounts as the Commis25 sion considers necessary, but not to exceed a total of
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1 $65,000,000. Borrowed amounts shall bear interest at a

2 rate determined by the Secretary of the Treasury, taking

3 into consideration the average market yield on outstanding

4 marketable obligations of the United States of comparable

5 maturities during the month preceding the month in which

6 the obligations of the Commission are issued. The interest

7 payments on such obligations may be deferred with the

8 approval of the Secretary, but any interest payment so de9 ferred shall also bear interest.

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

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

12 terms, and conditions as may be agreed upon by the Com13 mission and the Secretary, except that the maturities may

14 not exceed 20 years and such borrowings may be redeem15 able at the option of the Commission before maturity.

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

17 issued in amounts and at prices approved by the Sec18 retary. The authority of the Commission to issue obliga19 tions under this subsection shall remain available without

20 fiscal year limitation. The Secretary of the Treasury shall

21 purchase any obligations of the Commission to be issued

22 under this subsection, and for such purpose the Secretary

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

24 the United States the proceeds from the sale of any securi25 ties issued under chapter 31 of title 31. The purposes for
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1 which securities may be issued under such chapter are ex2 tended to include any purchase of the Commission’s obli3 gations under this subsection.

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

5 funds borrowed by the Commission under paragraph (1)

6 shall be made from amounts in the fund. The Commission

7 may not use for such purpose any funds appropriated for

8 any other activities of the Commission.

9 ‘‘(e) TREATMENT OF BORROWING AUTHORITY.—In

10 determining whether the Commission has sufficient funds

11 to complete construction of the World War II memorial,

12 as required by section 8 of the Commemorative Works Act

13 (40 U.S.C. 1008), the Secretary of the Interior shall con14 sider the funds that the Commission may borrow from the

15 Treasury under subsection (d) as funds available to com16 plete construction of the memorial, whether or not the

17 Commission has actually exercised the authority to borrow

18 such funds.

19 ‘‘(f) VOLUNTARY SERVICES.—(1) Notwithstanding

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

21 any person voluntary services to be provided in further22 ance of the fund-raising activities of the Commission relat23 ing to the World War II memorial.

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

25 subsection shall be considered to be a Federal employee
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1 for purposes of chapter 81 of title 5, relating to compensa2 tion for work-related injuries, and chapter 171 of title 28,

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

4 employed by the United States shall not be considered to

5 be a Federal employee for any other purpose by reason

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

7 volunteers given responsibility for the handling of funds

8 or the carrying out of a Federal function are subject to

9 the conflict of interest laws contained in chapter 11 of title

10 18 and the administrative standards of conduct contained

11 in part 2635 of title 5 of the Code of Federal Regulations.

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

13 of incidental expenses that are incurred by a person pro14 viding voluntary services under this subsection. The Com15 mission shall determine those expenses that are eligible for

16 reimbursement under this paragraph.

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

18 require any Federal employee to work without compensa19 tion or to allow the use of volunteer services to displace

20 or replace any Federal employee.

21 ‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A con22 tract entered into by the Commission for the design or

23 construction of the World War II memorial is not a fund24 ing agreement as that term is defined in section 201 of

25 title 35.
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1 ‘‘(h) EXTENSION OF AUTHORITY TO ESTABLISH ME2 MORIAL.—Notwithstanding section 10 of the Commemora3 tive Works Act (40 U.S.C. 1010), the authority for the

4 construction of the World War II memorial provided by

5 Public Law 103–32 (40 U.S.C. 1003 note) expires on De6 cember 31, 2005.’’.

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

8 chapter is amended by adding at the end the following

9 new item:

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

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

11 32 (40 U.S.C. 1003 note) is amended by striking sections

12 3, 4, and 5.

13 (c) EFFECT OF REPEAL OF CURRENT MEMORIAL

14 FUND.—Upon the enactment of this Act, the Secretary

15 of the Treasury shall transfer amounts in the fund created

16 by section 4(a) of Public Law 103–32 (40 U.S.C. 1003

17 note) to the fund created by section 2113(b) of title 36,

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

19 SEC. 202. GENERAL AUTHORITY TO SOLICIT AND RECEIVE

20 CONTRIBUTIONS.

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

22 States Code, is amended to read as follows:

23 ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU24 TIONS.—(1) The Commission may solicit and receive

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

2 chapter. The Commission shall deposit such funds in a

3 separate account in the Treasury. Funds from that ac4 count shall be disbursed upon vouchers approved by the

5 Chairman.

6 ‘‘(2) The Commission shall establish written guide7 lines setting forth the criteria to be used in determining

8 whether the acceptance of funds and in-kind donations

9 and gifts under paragraph (1) would—

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

11 Commission, or any member or employee of the

12 Commission, to carry out the responsibilities or offi13 cial duties of the Commission in a fair and objective

14 manner; or

15 ‘‘(B) compromise the integrity or the appear16 ance of the integrity of the programs of the Commis17 sion or any official involved in those programs.’’.

18 SEC. 203. INTELLECTUAL PROPERTY AND RELATED ITEMS.

19 (a) IN GENERAL.—Chapter 21 of title 36, United

20 States Code, as amended by section 201(a)(1), is further

21 amended by adding at the end the following new section:

22 ‘‘§ 2114. Intellectual property and related items

23 ‘‘(a) AUTHORITY TO USE AND REGISTER INTELLEC24 TUAL PROPERTY.—The American Battle Monuments

25 Commission may—
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1 ‘‘(1) adopt, use, register, and license trade2 marks, service marks, and other marks;

3 ‘‘(2) obtain, use, register, and license the use of

4 copyrights consistent with section 105 of title 17;

5 ‘‘(3) obtain, use, and license patents; and

6 ‘‘(4) accept gifts of marks, copyrights, patents

7 and licenses for use by the Commission.

8 ‘‘(b) AUTHORITY TO GRANT LICENSES.—The Com9 mission may grant exclusive and nonexclusive licenses in

10 connection with any mark, copyright, patent, or license for

11 the use of such mark, copyright or patent, except to the

12 extent the grant of such license by the Commission would

13 be contrary to any contract or license by which the use

14 of the mark, copyright, or patent was obtained.

15 ‘‘(c) ENFORCEMENT AUTHORITY.—The Commission

16 may enforce any mark, copyright, or patent by an action

17 in the district courts under any law providing for the pro18 tection of such marks, copyrights, or patents.

19 ‘‘(d) LEGAL REPRESENTATION.—The Attorney Gen20 eral shall furnish the Commission with legal representa21 tion as the Commission may require under subsection (c).

22 The Secretary of Defense shall provide representation for

23 the Commission in administrative proceedings before the

24 Patent and Trademark Office and Copyright Office.
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1 ‘‘(e) IRREVOCABILITY OF TRANSFERS OF COPY2 RIGHTS TO COMMISSION.—Section 203 of title 17 shall

3 not apply to any copyright transferred in any manner to

4 the Commission.’’.

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

6 at the beginning of such chapter, as amended by section

7 201(a)(2), is further amended by adding at the end the

8 following new item:

‘‘2114. Intellectual property and related items.’’.

9 SEC. 204. TECHNICAL AMENDMENTS.

10 Chapter 21 of title 36, United States Code, is amend11 ed as follows:

12 (1) In section 2101(b)—

13 (A) by striking ‘‘title 37, United States

14 Code,’’ in paragraph (2) and inserting ‘‘title

15 37’’; and

16 (B) by striking ‘‘title 5, United States

17 Code,’’ in paragraph (3) and inserting ‘‘title 5’’.

18 (2) In section 2102(a)(1), by striking ‘‘title 5,

19 United States Code’’ and inserting ‘‘title 5’’.

20 (3) In section 2103—

21 (A) by striking ‘‘title 31, United States

22 Code’’ in subsection (h)(2)(A)(i) and inserting

23 ‘‘title 31’’;
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1 (B) by striking ‘‘title 44, United States

2 Code’’ in subsection (i) and inserting ‘‘title 44’’;

3 and

4 (C) by striking ‘‘chairman’’ each place it

5 appears and inserting ‘‘Chairman’’.

6 Subtitle B—National Cemeteries

7 SEC. 211. ESTABLISHMENT OF ADDITIONAL NATIONAL

8 CEMETERIES.

9 (a) ESTABLISHMENT.—The Secretary of Veterans

10 Affairs shall establish, in accordance with chapter 24 of

11 title 38, United States Code, a national cemetery in each

12 of the four areas in the United States that the Secretary

13 determines to be most in need of such a cemetery to serve

14 the needs of veterans and their families.

15 (b) OBLIGATION OF FUNDS IN FISCAL YEAR 2000.—

16 The Secretary shall obligate from the advance planning

17 fund in the Construction, Major Projects account appro18 priated to the Department of Veterans Affairs for fiscal

19 year 2000 such amounts for costs that the Secretary esti20 mates are required for the planning and commencement

21 of the establishment of national cemeteries under this sec22 tion.

23 (c) REPORTS.—(1) Not later than 120 days after the

24 date of the enactment of this Act, the Secretary shall sub25 mit to Congress a report on the establishment of the na-
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1 tional cemeteries under subsection (a). The report shall

2 set forth the four areas identified by the Secretary for

3 such establishment, a schedule for such establishment, an

4 estimate of the costs associated with such establishment,

5 and the amount obligated from the advance planning fund

6 under subsection (b).

7 (2) Not later than one year after the date on which

8 the report described in paragraph (1) is submitted to Con9 gress, and annually thereafter until the establishment of

10 the national cemeteries under subsection (a) is complete,

11 the Secretary shall submit to Congress a report that up12 dates the information included in the report described in

13 paragraph (1).

14 SEC. 212. INDEPENDENT STUDY ON IMPROVEMENTS TO

15 VETERANS’ CEMETERIES.

16 (a) STUDY.—Not later than 180 days after the date

17 of the enactment of this Act, the Secretary of Veterans

18 Affairs shall enter into a contract with one or more quali19 fied organizations to conduct a study of national ceme20 teries described in subsection (b). For purposes of this sec21 tion, an entity of Federal, State, or local government is

22 not a qualified organization.

23 (b) MATTERS STUDIED.—(1) The study conducted

24 pursuant to the contract entered into under subsection (a)

25 shall include an assessment of each of the following:
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1 (A) The one-time repairs required at each na2 tional cemetery under the jurisdiction of the Na3 tional Cemetery Administration of the Department

4 of Veterans Affairs to ensure a dignified and re5 spectful setting appropriate to such cemetery, taking

6 into account the variety of age, climate, and burial

7 options at individual national cemeteries.

8 (B) The feasibility of making standards of ap9 pearance of such national cemeteries commensurate

10 with standards of appearance of the finest ceme11 teries in the world.

12 (C) The number of additional national ceme13 teries that will be required for the interment and

14 memorialization in such cemeteries of individuals

15 qualified under chapter 24 of title 38, United States

16 Code, who die after 2005.

17 (D) Improvements to burial benefits under

18 chapter 23 of title 38, United States Code, including

19 a proposal to increase the amount of the benefit for

20 plot allowances under section 2303(b) of such title,

21 to better serve veterans and their families.

22 (2) In presenting the assessment of additional na23 tional cemeteries required under paragraph (1)(C), the re24 port shall identify by five-year period, beginning with 2005

25 and ending with 2020, the following:
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1 (A) The number of additional national ceme2 teries required during each such five-year period.

3 (B) With respect to each such five-year period,

4 the areas in the United States with the greatest con5 centration of veterans whose needs are not served by

6 national cemeteries or State veterans’ cemeteries.

7 (c) REPORT.—(1) Not later than one year after the

8 date on which a qualified organization enters into a con9 tract under subsection (a), the organization shall submit

10 to the Secretary a report setting forth the results of the

11 study conducted and conclusions of the organization with

12 respect to such results.

13 (2) Not later than 120 days after the date on which

14 a report is submitted under paragraph (1), the Secretary

15 shall transmit to the Committees on Veterans’ Affairs of

16 the House of Representatives and the Senate a copy of

17 such report, together with any comments on the report

18 that the Secretary considers appropriate.

19 TITLE III—HOUSING

20 SEC. 301. PERMANENT ELIGIBILITY FOR HOUSING LOANS

21 FOR FORMER MEMBERS OF THE SELECTED

22 RESERVE.

23 Section 3702(a)(2)(E) is amended by striking ‘‘For

24 the period beginning on October 28, 1992, and ending on
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1 September 30, 2003, each veteran’’ and inserting ‘‘Each

2 veteran’’.

3 SEC. 302. HOMELESS VETERANS’ REINTEGRATION PRO4 GRAMS.

5 (a) IN GENERAL.—Chapter 41 is amended by adding

6 at the end the following new section:

7 ‘‘§ 4111. Homeless veterans’ reintegration programs

8 ‘‘(a) IN GENERAL.—The Secretary, acting through

9 the Assistant Secretary of Labor for Veterans’ Employ10 ment and Training, shall conduct, directly or through

11 grant or contract, such programs as the Secretary deter12 mines appropriate to expedite the reintegration of home13 less veterans into the labor force.

14 ‘‘(b) AUTHORITY TO MONITOR EXPENDITURE OF

15 FUNDS.—The Secretary may collect such information as

16 the Secretary considers appropriate to monitor and evalu17 ate the distribution and expenditure of funds appropriated

18 to carry out this section, and such information shall be

19 furnished to the Secretary in such form as the Secretary

20 determines appropriate.

21 ‘‘(c) DEFINITION.—As used in this section, the term

22 ‘homeless veteran’ has the meaning given that term by

23 section 3771(2) of this title.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1)

2 There are authorized to be appropriated to carry out this

3 section amounts as follows:

4 ‘‘(A) $10,000,000 for fiscal year 2000.

5 ‘‘(B) $15,000,000 for fiscal year 2001.

6 ‘‘(C) $20,000,000 for fiscal year 2002.

7 ‘‘(D) $25,000,000 for fiscal year 2003.

8 ‘‘(E) $30,000,000 for fiscal year 2004.

9 ‘‘(2) Funds obligated for any fiscal year to carry out

10 this section may be expended in that fiscal year and the

11 succeeding fiscal year.’’.

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

13 at the beginning of such chapter is amended by adding

14 at the end the following new item:

‘‘4111. Homeless veterans’ reintegration projects.’’.

15 SEC. 303. TRANSITIONAL HOUSING LOAN GUARANTEE PRO16 GRAM TECHNICAL AMENDMENT.

17 Section 3775 is amended—

18 (1) by inserting ‘‘(a)’’ before ‘‘During each’’;

19 and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) After the first 3 years of operation of such a

23 multifamily transitional housing project, the Secretary

24 may provide for periodic audits of the project.’’.
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1 TITLE IV—COURT OF APPEALS

2 FOR VETERANS CLAIMS

3 SEC. 401. AUTHORITY TO PRESCRIBE RULES AND REGULA4 TIONS.

5 Section 7254 is amended by adding at the end the

6 following new subsection:

7 ‘‘(f) The Court may prescribe rules and regulations

8 to carry out this chapter.’’.

9 SEC. 402. RECALL OF RETIRED JUDGES.

10 (a) AUTHORITY TO RECALL RETIRED JUDGES.—

11 Chapter 72 is amended by inserting after section 7256 the

12 following new section:

13 ‘‘§ 7257. Recall of retired judges

14 ‘‘(a)(1) A retired judge of the Court may be recalled

15 for further service on the Court in accordance with this

16 section. To be eligible to be recalled for such service, a

17 retired judge must at the time of the judge’s retirement

18 provide to the chief judge of the Court (or, in the case

19 of the chief judge, to the clerk of the Court) notice in writ20 ing that the retired judge is available for further service

21 on the Court in accordance with this section and is willing

22 to be recalled under this section. Such a notice provided

23 by a retired judge is irrevocable.

24 ‘‘(2) For the purposes of this section—
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1 ‘‘(A) a retired judge is a judge of the Court of

2 Veterans Appeals who retires from the Court under

3 section 7296 of this title or under chapter 83 or 84

4 of title 5; and

5 ‘‘(B) a recall-eligible retired judge is a retired

6 judge who has provided a notice under paragraph

7 (1).

8 ‘‘(b)(1) The chief judge may recall for further service

9 on the court a recall-eligible retired judge in accordance

10 with this section. Such a recall shall be made upon written

11 certification by the chief judge that substantial service is

12 expected to be performed by the retired judge for such

13 period, not to exceed 90 days (or the equivalent), as deter14 mined by the chief judge to be necessary to meet the needs

15 of the Court.

16 ‘‘(2) A recall-eligible retired judge may not be re17 called for more than 90 days (or the equivalent) during

18 any calendar year without the judge’s consent or for more

19 than a total of 180 days (or the equivalent) during any

20 calendar year.

21 ‘‘(3) If a recall-eligible retired judge is recalled by the

22 chief judge in accordance with this section and (other than

23 in the case of a judge who has previously during that cal24 endar year served at least 90 days (or the equivalent) of

25 recalled service on the court) declines (other than by rea-
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1 son of disability) to perform the service to which recalled,

2 the chief judge shall remove that retired judge from the

3 status of a recall-eligible judge.

4 ‘‘(4) A recall-eligible retired judge who becomes per5 manently disabled and as a result of that disability is un6 able to perform further service on the court shall be re7 moved from the status of a recall-eligible judge. Deter8 mination of such a disability shall be made in the same

9 manner as is applicable to judges of the United States

10 under section 371 of title 28.

11 ‘‘(c) A retired judge who is recalled under this section

12 may exercise all of the powers and duties of the office of

13 a judge in active service.

14 ‘‘(d)(1) The pay of a recall-eligible retired judge who

15 retired under section 7296 of this title is specified in sub16 section (c) of that section.

17 ‘‘(2) A judge who is recalled under this section who

18 retired under chapter 83 or 84 of title 5 shall be paid,

19 during the period for which the judge serves in recall sta20 tus, pay at the rate of pay in effect under section 7253(e)

21 of this title for a judge performing active service, less the

22 amount of the judge’s annuity under the applicable provi23 sions of chapter 83 or 84 of title 5.

24 ‘‘(e)(1) Except as provided in subsection (d), a judge

25 who is recalled under this section who retired under chap-
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1 ter 83 or 84 of title 5 shall be considered to be a reem2 ployed annuitant under that chapter.

3 ‘‘(2) Nothing in this section affects the right of a

4 judge who retired under chapter 83 or 84 of title 5 to

5 serve as a reemployed annuitant in accordance with the

6 provisions of title 5.’’.

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

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 7256 the following new

10 item:

‘‘7257. Recall of retired judges.’’.

11 SEC. 403. CALCULATION OF YEARS OF SERVICE AS A

12 JUDGE.

13 Section 7296(b) is amended by adding at the end the

14 following new paragraph:

15 ‘‘(4) For purposes of calculating the years of service

16 of an individual under this subsection and subsection (c),

17 only those years of service as a judge of the Court shall

18 be credited. In determining the number of years of such

19 service, that portion of the aggregate number of years of

20 such service that is a fractional part of one year shall be

21 disregarded if less than 183 days and shall be credited

22 as a full year if 183 days or more.’’.

23 SEC. 404. JUDGES’ RETIRED PAY.

24 (a) IN GENERAL.—Subsection (c)(1) of section 7296

25 is amended by striking ‘‘at the rate of pay in effect at
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1 the time of retirement.’’ and inserting the following: ‘‘as

2 follows:

3 ‘‘(A) In the case of a judge who is a recall-eligi4 ble retired judge under section 7257 of this title or

5 who was a recall-eligible retired judge under that

6 section and was removed from recall status under

7 subsection (b)(4) of that section by reason of dis8 ability, the retired pay of the judge shall be the pay

9 of a judge of the court (or of the chief judge, if the

10 individual retired from service as chief judge).

11 ‘‘(B) In the case of a judge who at the time of

12 retirement did not provide notice under section 7257

13 of this title of availability for service in a recalled

14 status, the retired pay of the judge shall be the rate

15 of pay applicable to that judge at the time of retire16 ment.

17 ‘‘(C) In the case of a judge who was a recall18 eligible retired judge under section 7257 of this title

19 and was removed from recall status under subsection

20 (b)(3) of that section, the retired pay of the judge

21 shall be the pay of the judge at the time of the re22 moval from recall status.’’.

23 (b) COST-OF-LIVING ADJUSTMENTS.—Subsection (f)

24 of such section is amended by adding at the end the fol25 lowing new paragraph:
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1 ‘‘(3)(A) A cost-of-living adjustment provided by law

2 in annuities payable under civil service retirement laws

3 shall apply to retired pay under this section only in the

4 case of retired pay computed under paragraph (2) of sub5 section (c).

6 ‘‘(B)(i) If such a cost-of-living adjustment would (but

7 for this subparagraph) result in the retired pay of a re8 tired chief judge being in excess of the annual rate of pay

9 in effect for the chief judge of the court as provided in

10 section 7253(e)(1) of this title, such adjustment may be

11 made in the retired pay of that retired chief judge only

12 in such amount as results in the retired pay of the retired

13 chief judge being equal to that annual rate of pay (as in

14 effect on the effective date of such adjustment).

15 ‘‘(ii) If such a cost-of-living adjustment would (but

16 for this subparagraph) result in the retired pay of a re17 tired judge (other than a retired chief judge) being in ex18 cess of the annual rate of pay in effect for judges of the

19 court as provided in section 7253(e)(2) of this title, such

20 adjustment may be made only in such amount as results

21 in the retired pay of the retired judge being equal to that

22 annual rate of pay (as in effect on the effective date of

23 such adjustment).’’.

24 (c) COORDINATION WITH MILITARY RETIRED

25 PAY.—Subsection (f) of such section is further amended
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1 by adding after paragraph (3), as added by subsection (b),

2 the following new paragraph:

3 ‘‘(4) Notwithstanding subsection (c) of section 5532

4 of title 5, if a regular or reserve member of a uniformed

5 service who is receiving retired or retainer pay becomes

6 a judge of the court, or becomes eligible therefor while

7 a judge of the court, such retired or retainer pay shall

8 not be paid during the judge’s regular active service on

9 the court, but shall be resumed or commenced without re10 duction upon retirement as a judge.’’.

11 SEC. 405. SURVIVOR ANNUITIES.

12 (a) SURVIVING SPOUSE.—Subsection (a)(5) of sec13 tion 7297 is amended by striking ‘‘two years’’ and insert14 ing ‘‘one year.’’

15 (b) ELECTION TO PARTICIPATE.—Subsection (b) of

16 such section is amended in the first sentence by inserting

17 before the period ‘‘or within six months after the date on

18 which the judge marries if the judge has retired under

19 section 7296 of this title’’.

20 (c) REDUCTION IN CONTRIBUTIONS.—Subsection (c)

21 of such section is amended by striking ‘‘3.5 percent of the

22 judge’s pay’’ and inserting ‘‘that percentage of the judge’s

23 pay that is the same as provided for the deduction from

24 the salary or retirement salary of a judge of the United
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1 States Court of Federal Claims for the purpose of a sur2 vivor annuity under section 376(b)(1)(B) of title 28’’.

3 (d) INTEREST PAYMENTS.—Subsection (d) of such

4 section is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

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

7 paragraph:

8 ‘‘(2) The interest required under the first sentence

9 of paragraph (1) shall not be required for any period—

10 ‘‘(A) during which a judge was separated from

11 any service described in section 376(d)(2) of title 28;

12 and

13 ‘‘(B) during which the judge was not receiving

14 retired pay based on service as a judge or receiving

15 any retirement salary as described in section

16 376(d)(1) of title 28.’’.

17 (e) SERVICE ELIGIBILITY.—(1) Subsection (f) of

18 such section is amended—

19 (A) in paragraph (1), in the matter preceding

20 subparagraph (A)—

21 (i) by striking ‘‘at least 5 years’’ and in22 serting ‘‘last 18 months’’; and

23 (ii) by striking ‘‘last 5 years’’ and inserting

24 ‘‘last 18 months’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(5) If a judge dies as a result of an assassination

4 and leaves a survivor or survivors who are otherwise enti5 tled to receive annuity payments under this section, the

6 18-month requirement in the matter in paragraph (1) pre7 ceding subparagraph (A) shall not apply.’’.

8 (2) Subsection (a) of such section is further

9 amended—

10 (A) in paragraph (2), by inserting ‘‘who is in

11 active service or who has retired under section 7296

12 of this title’’ after ‘‘Court’’;

13 (B) in paragraph (3), by striking ‘‘7296(c)’’

14 and inserting ‘‘7296’’;

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(8) The term ‘assassination’ as applied to a

18 judge shall have the meaning provided that term in

19 section 376(a)(7) of title 28 as applied to a judicial

20 official.’’.

21 (f) AGE REQUIREMENT OF SURVIVING SPOUSE.—

22 Subsection (f) of such section is further amended by strik23 ing ‘‘or following the surviving spouse’s attainment of the

24 age of 50 years, whichever is later’’ in paragraph (1)(A).
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1 SEC. 406. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.

2 (a) IN GENERAL.—Chapter 72 is amended by adding

3 at the end the following new section:

4 ‘‘§ 7299. Limitation on activities of retired judges

5 ‘‘(a) A retired judge of the Court who is recall-eligible

6 under section 7257 of this title and who in the practice

7 of law represents (or supervises or directs the representa8 tion of) a client in making any claim relating to veterans’

9 benefits against the United States or any agency thereof

10 shall, pursuant to such section, be considered to have de11 clined recall service and be removed from the status of

12 a recall-eligible judge. The pay of such a judge, pursuant

13 to section 7296 of this title, shall be the pay of the judge

14 at the time of the removal from recall status.

15 ‘‘(b) A recall-eligible judge shall be considered to be

16 an officer or employee of the United States, but only dur17 ing periods when the judge is serving in recall status. Any

18 prohibition, limitation, or restriction that would otherwise

19 apply to the activities of a recall-eligible judge shall apply

20 only during periods when the judge is serving in recall sta21 tus.’’.

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

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘7299. Limitation on activities of retired judges.’’.
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1 SEC. 407. EARLY RETIREMENT AUTHORITY FOR CURRENT

2 JUDGES IN ORDER TO PROVIDE FOR STAG3 GERED TERMS OF JUDGES.

4 (a) RETIREMENT AUTHORIZED.—One eligible judge

5 may retire in accordance with this section with respect to

6 each year beginning in 1999 and ending in 2003.

7 (b) ELIGIBLE JUDGES.—For purposes of this section,

8 an eligible judge is an associate judge of the United States

9 Court of Appeals for Veterans Claims who—

10 (1) has at least 10 years of service creditable

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

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

13 under section 7296 of such title;

14 (3) has at least 20 years of service described in

15 section 7297(l) of such title; and

16 (4) is at least 55 years of age.

17 (c) MULTIPLE ELIGIBLE JUDGES.—If for any year

18 specified in subsection (a) more than one eligible judge

19 provides notice in accordance with subsection (d), the

20 judge who has the greatest seniority as a judge of the

21 United States Court of Appeals for Veterans Claims shall

22 be the judge who is eligible to retire in accordance with

23 this section in that year.

24 (d) NOTICE.—An eligible judge who desires to retire

25 in accordance with this section with respect to any year

26 covered by subsection (a) shall provide to the President
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1 and the chief judge of the United States Court of Appeals

2 for Veterans Claims written notice to that effect not later

3 than April 1 of that year, except that in the case of an

4 eligible judge desiring to retire with respect to 1999, such

5 notice shall be provided not later than November 1, 1999,

6 or 15 days after the date of the enactment of this Act,

7 whichever is later. Such a notice shall specify the retire8 ment date in accordance with subsection (e). Notice pro9 vided under this subsection shall be irrevocable.

10 (e) DATE OF RETIREMENT.—A judge who is eligible

11 to retire in accordance with this section shall be retired

12 during the fiscal year in which notice is provided pursuant

13 to subsection (d), but not earlier than 90 days after the

14 date on which that notice is provided, except that a judge

15 retired in accordance with this section with respect to

16 1999 shall be retired not earlier than 90 days, and not

17 later than 150 days, after the date on which notice is pro18 vided pursuant to subsection (d).

19 (f) APPLICABLE PROVISIONS.—Except as provided in

20 subsection (g), a judge retired in accordance with this sec21 tion shall be considered for all purposes to be retired under

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

23 (g) RATE OF RETIRED PAY.—The rate of retired pay

24 for a judge retiring in accordance with this section is—
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1 (1) the rate applicable to that judge under sec2 tion 7296(c)(1) of title 38, United States Code, mul3 tiplied by

4 (2) the fraction (not in excess of 1) in which—

5 (A) the numerator is the sum of (i) the

6 number of years of service of the judge as a

7 judge of the United States Court of Appeals for

8 Veterans Claims creditable under section 7296

9 of such title, and (ii) the age of the judge; and

10 (B) the denominator is 80.

11 (h) ADJUSTMENTS IN RETIRED PAY FOR JUDGES

12 AVAILABLE FOR RECALL.—Subject to section

13 7296(f)(3)(B) of title 38, United States Code, an adjust14 ment provided by law in annuities payable under civil serv15 ice retirement laws shall apply to retired pay under this

16 section in the case of a judge who is a recall-eligible retired

17 judge under section 7257 of such title, or who was a recall18 eligible retired judge under that section and was removed

19 from recall status under subsection (b)(4) of that section

20 by reason of disability.

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

22 amended—

23 (1) by redesignating subparagraph (C) as sub24 paragraph (D); and
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1 (2) by inserting after subparagraph (B) the fol2 lowing new subparagraph:

3 ‘‘(C) For purposes of subparagraph (B), the term

4 ‘present value’ includes a value determined by an actuary

5 with respect to a payment that may be made under sub6 section (b) from the retirement fund within the contempla7 tion of law.’’.

8 TITLE V—OTHER MATTERS

9 SEC. 501. REPEAL OF CERTAIN SUNSET PROVISIONS

10 (a) ENHANCED LOAN ASSET SALE AUTHORITY.—

11 Section 3720(h) is amended—

12 (1) by striking ‘‘(1)’’ after ‘‘(h)’’; and

13 (2) by striking paragraph (2).

14 (b) PROCEDURES APPLICABLE TO LIQUIDATION

15 SALES ON DEFAULTED HOME LOANS.—Section 3732(c)

16 is amended by striking paragraph (11).

17 (c) INCOME VERIFICATION AUTHORITY.—Section

18 5317(g) is repealed.

19 SEC. 502. ENHANCED QUALITY ASSURANCE PROGRAM

20 WITHIN THE VETERANS BENEFITS ADMINIS21 TRATION.

22 (a) IN GENERAL.—(1) Chapter 77 is amended by

23 adding at the end the following new subchapter:
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1 ‘‘SUBCHAPTER III—QUALITY ASSURANCE

2 ‘‘§ 7731. Establishment

3 ‘‘(a) The Secretary shall carry out a quality assur4 ance program in the Veterans Benefits Administration.

5 The program may be carried out through a single quality

6 assurance division in the Administration or through sepa7 rate quality assurance entities for each of the principal

8 organizational elements (known as ‘services’) of the Ad9 ministration.

10 ‘‘(b) The Secretary shall ensure that any quality as11 surance entity established and operated under subsection

12 (a) is established and operated so as to meet generally ap13 plicable governmental standards for independence and in14 ternal controls for the performance of quality reviews of

15 Government performance and results.

16 ‘‘§ 7732. Functions

17 ‘‘The Under Secretary for Benefits, acting through

18 the quality assurance entities established under section

19 7731(a), shall on an ongoing basis perform and oversee

20 quality reviews of the functions of each of the principal

21 organizational elements of the Veterans Benefits Adminis22 tration.

23 ‘‘§ 7733. Personnel

24 ‘‘The Secretary shall ensure that the number of full25 time employees of the Veterans Benefits Administration
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1 assigned to quality assurance functions under this sub2 chapter is adequate to perform the quality assurance func3 tions for which they have responsibility.

4 ‘‘§ 7734. Annual report to Congress

5 ‘‘The Secretary shall include in the annual report to

6 the Congress required by section 529 of this title a report

7 on the quality assurance activities carried out under this

8 subchapter. Each such report shall include—

9 ‘‘(1) an appraisal of the quality of services pro10 vided by the Veterans Benefits Administration,

11 including—

12 ‘‘(A) the number of decisions reviewed;

13 ‘‘(B) a summary of the findings on the de14 cisions reviewed;

15 ‘‘(C) the number of full-time equivalent

16 employees assigned to quality assurance in each

17 division or entity;

18 ‘‘(D) specific documentation of compliance

19 with the standards for independence and inter20 nal control required by section 7731(b) of this

21 title; and

22 ‘‘(E) actions taken to improve the quality

23 of services provided and the results obtained;

24 ‘‘(2) information with respect to the accuracy of

25 decisions, including trends in that information; and
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1 ‘‘(3) such other information as the Secretary

2 considers appropriate.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new items:

‘‘SUBCHAPTER III—QUALITY ASSURANCE

‘‘7731. Establishment.

‘‘7732. Functions.

‘‘7733. Personnel.

‘‘7734. Annual report to Congress.’’.

6 (b) EFFECTIVE DATE.—Subchapter III of chapter 77

7 of title 38, United States Code, as added by subsection

8 (a), shall take effect on the later of October 1, 1999, or

9 at the end of the 60-day period beginning on the date of

10 the enactment of this Act.

11 SEC. 503. EXTENSION OF ADVISORY COMMITTEE ON MI12 NORITY VETERANS.

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

14 1999’’ and inserting ‘‘December 31, 2004’’.

15 SEC. 504. RECOGNITION OF VETERANS OF FOREIGN WARS.

16 (a) FINDINGS.—The Congress finds that—

17 (1) the organization now known as the Veterans

18 of Foreign Wars of the United States (the VFW)

19 was founded in Columbus, Ohio, on September 29,

20 1899;

21 (2) the VFW represents approximately

22 2,000,000 veterans of the Armed Forces who served
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1 overseas in World War I, World War II, Korea,

2 Vietnam, the Persian Gulf War, and Bosnia; and

3 (3) the VFW has, for the past 100 years, pro4 vided voluntary and unselfish service to the Armed

5 Forces and to veterans, communities, States, and

6 the Nation and has worked toward the betterment of

7 veterans in general and society as a whole.

8 (b) RECOGNITION.—The Congress—

9 (1) recognizes the historic significance of the

10 100th anniversary of the founding of the Veterans

11 of Foreign Wars of the United States;

12 (2) congratulates the VFW on achieving that

13 milestone;

14 (3) commends the approximately 2,000,000 vet15 erans who belong to the VFW and thanks them for

16 their service to their fellow veterans and the Nation;

17 and

18 (4) calls upon the President to issue a procla19 mation recognizing the anniversary of the VFW and

20 the contributions made by the VFW to veterans and

21 the Nation and calling upon the people of the United

22 States to observe such anniversary with appropriate

23 ceremonies and activities.
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1 SEC. 505. CODIFICATION OF RECURRING PROVISIONS IN

2 ANNUAL DEPARTMENT OF VETERANS AF3 FAIRS APPROPRIATIONS ACTS.

4 (a) CODIFICATION OF RECURRING PROVISIONS.—(1)

5 Section 313 is amended by adding at the end the following

6 new subsections:

7 ‘‘(c) COMPENSATION AND PENSION.—Funds appro8 priated for Compensation and Pensions are available for

9 the following purposes:

10 ‘‘(1) The payment of compensation benefits to

11 or on behalf of veterans as authorized by section 107

12 and chapters 11, 13, 51, 53, 55, and 61 of this title.

13 ‘‘(2) Pension benefits to or on behalf of vet14 erans as authorized by chapters 15, 51, 53, 55, and

15 61 of this title and section 306 of the Veterans’ and

16 Survivors’ Pension Improvement Act of 1978.

17 ‘‘(3) The payment of benefits as authorized

18 under chapter 18 of this title.

19 ‘‘(4) Burial benefits, emergency and other offi20 cers’ retirement pay, adjusted-service credits and

21 certificates, payments of premiums due on commer22 cial life insurance policies guaranteed under the pro23 visions of article IV of the Soldiers’ and Sailors’

24 Civil Relief Act of 1940 (50 U.S.C. App. 540 et

25 seq.), and other benefits as authorized by sections

26 107, 1312, 1977, and 2106 and chapters 23, 51, 53,
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1 55, and 61 of this title and the World War Adjusted

2 Compensation Act (43 Stat. 122, 123), the Act of

3 May 24, 1928 (Public Law No. 506 of the 70th

4 Congress; 45 Stat. 735), and Public Law 87–875

5 (76 Stat. 1198).

6 ‘‘(d) MEDICAL CARE.—Funds appropriated for Med7 ical Care are available for the following purposes:

8 ‘‘(1) The maintenance and operation of hos9 pitals, nursing homes, and domiciliary facilities.

10 ‘‘(2) Furnishing, as authorized by law, inpatient

11 and outpatient care and treatment to beneficiaries of

12 the Department, including care and treatment in fa13 cilities not under the jurisdiction of the Department.

14 ‘‘(3) Furnishing recreational facilities, supplies,

15 and equipment.

16 ‘‘(4) Funeral and burial expenses and other ex17 penses incidental to funeral and burial expenses for

18 beneficiaries receiving care from the Department.

19 ‘‘(5) Administrative expenses in support of

20 planning, design, project management, real property

21 acquisition and disposition, construction, and ren22 ovation of any facility under the jurisdiction or for

23 the use of the Department.

24 ‘‘(6) Oversight, engineering, and architectural

25 activities not charged to project cost.
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1 ‘‘(7) Repairing, altering, improving, or pro2 viding facilities in the medical facilities and homes

3 under the jurisdiction of the Department, not other4 wise provided for, either by contact or by the hire

5 of temporary employees and purchase of materials.

6 ‘‘(8) Uniforms or uniform allowances, as au7 thorized by sections 5901 and 5902 of title 5.

8 ‘‘(9) Aid to State homes, as authorized by sec9 tion 1741 of this title.

10 ‘‘(10) Administrative and legal expenses of the

11 Department for collecting and recovering amounts

12 owed the Department as authorized under chapter

13 17 of this title and Public Law 87–693, popularly

14 known as the Federal Medical Care Recovery Act

15 (42 U.S.C. 2651 et seq.).

16 ‘‘(e) MEDICAL ADMINISTRATION AND MISCELLA17 NEOUS OPERATING EXPENSES.—Funds appropriated for

18 Medical Administration and Miscellaneous Operating Ex19 penses are available for the following purposes:

20 ‘‘(1) The administration of medical, hospital,

21 nursing home, domiciliary, construction, supply, and

22 research activities authorized by law.

23 ‘‘(2) Administrative expenses in support of

24 planning, design, project management, architectural

25 work, engineering, real property acquisition and dis-
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1 position, construction, and renovation of any facility

2 under the jurisdiction or for the use of the Depart3 ment, including site acquisition.

4 ‘‘(3) Engineering and architectural activities

5 not charged to project costs.

6 ‘‘(4) Research and development in building con7 struction technology.

8 ‘‘(f) GENERAL OPERATING EXPENSES.—Funds ap9 propriated for General Operating Expenses are available

10 for the following purposes:

11 ‘‘(1) Uniforms or allowances therefor.

12 ‘‘(2) Hire of passenger motor vehicles.

13 ‘‘(3) Reimbursement of the General Services

14 Administration for security guard services.

15 ‘‘(4) Reimbursement of the Department of De16 fense for the cost of overseas employee mail.

17 ‘‘(5) Administration of the Service Members

18 Occupational Conversion and Training Act of 1992

19 (10 U.S.C. 1143 note).

20 ‘‘(g) CONSTRUCTION.—Funds appropriated for Con21 struction, Major Projects, and for Construction, Minor

22 Projects, are available, with respect to a project, for the

23 following purposes:

24 ‘‘(1) Planning.

25 ‘‘(2) Architectural and engineering services.
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1 ‘‘(3) Maintenance or guarantee period services

2 costs associated with equipment guarantees provided

3 under the project.

4 ‘‘(4) Services of claims analysts.

5 ‘‘(5) Offsite utility and storm drainage system

6 construction costs.

7 ‘‘(6) Site acquisition.

8 ‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In addi9 tion to the purposes specified in subsection (g), funds ap10 propriated for Construction, Minor Projects, are available

11 for—

12 ‘‘(1) repairs to any of the nonmedical facilities

13 under the jurisdiction or for the use of the Depart14 ment which are necessary because of loss or damage

15 caused by a natural disaster or catastrophe; and

16 ‘‘(2) temporary measures necessary to prevent

17 or to minimize further loss by such causes.’’.

18 (2)(A) Chapter 1 is amended by adding at the end

19 the following new section:

20 ‘‘§ 116. Definition of cost of direct and guaranteed

21 loans

22 ‘‘For the purpose of any provision of law appro23 priating funds to the Department for the cost of direct

24 or guaranteed loans, the cost of any such loan, including

25 the cost of modifying any such loan, shall be as defined
48

•HR 2280 IH

1 in section 502 of the Congressional Budget Act of 1974

2 (2 U.S.C. 661a).’’.

3 (B) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘116. Definition of cost of direct and guaranteed loans.’’.

6 (b) EFFECTIVE DATE.—Subsections (c) through (h)

7 of section 313 of title 38, United States Code, as added

8 by subsection (a)(1), and section 116 of such title, as

9 added by subsection (a)(2), shall take effect with respect

10 to funds appropriated for fiscal year 2001.

Æ