IIB
106TH CONGRESS
1ST SESSION
H. R. 2280
IN THE SENATE OF THE UNITED STATES
JUNE 30, 1999
Received; read twice and referred to the Committee on Veterans’ Affairs
AN ACT
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 compensa-
tion, memorial affairs, and housing programs of the De-
partment of Veterans Affairs, to improve retirement au-
thorities applicable to judges of the United States Court
of Appeals for Veterans Claims, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans Benefits Improvement Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
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 in-
demnity 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 Se-
lected 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.
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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.
Sec. 502. Enhanced quality assurance program within the Veterans Benefits
Administration.
Sec. 503. Extension of Advisory Committee on Minority Veterans.
Sec. 504. Codification of recurring provisions in annual Department of Vet-
erans Affairs appropriations Acts.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
TITLE I—COMPENSATION
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSA-
TION AND DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) RATE ADJUSTMENT.—The Secretary of Veterans
Affairs shall, effective on December 1, 1999, increase the
dollar amounts in effect for the payment of disability com-
pensation and dependency and indemnity compensation by
the Secretary, as specified in subsection (b).
(b) AMOUNTS
TO
BE
INCREASED.—The dollar
amounts to be increased pursuant to subsection (a) are
the following:
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(1) 
COMPENSATION.—Each 
of 
the 
dollar
amounts in effect under section 1114 of title 38,
United States Code.
(2) ADDITIONAL COMPENSATION FOR DEPEND-
ENTS.—Each of the dollar amounts in effect under
sections 1115(1) of such title.
(3) 
CLOTHING
ALLOWANCE.—The 
dollar
amount in effect under section 1162 of such title.
(4) NEW DIC RATES.—The dollar amounts in
effect under paragraphs (1) and (2) of section
1311(a) of such title.
(5) OLD
DIC
RATES.—Each of the dollar
amounts in effect under section 1311(a)(3) of such
title.
(6) ADDITIONAL DIC FOR SURVIVING SPOUSES
WITH MINOR CHILDREN.—The dollar amount in ef-
fect under section 1311(b) of such title.
(7) ADDITIONAL
DIC
FOR
DISABILITY.—The
dollar amounts in effect under sections 1311(c) and
1311(d) of such title.
(8) DIC FOR
DEPENDENT
CHILDREN.—The
dollar amounts in effect under sections 1313(a) and
1314 of such title.
(c) DETERMINATION
OF INCREASE.—(1) The in-
crease under subsection (a) shall be made in the dollar
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amounts specified in subsection (b) as in effect on Novem-
ber 30, 1999.
(2) Except as provided in paragraph (3), each such
amount shall be increased by the same percentage as the
percentage by which benefit amounts payable under title
II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1, 1999, as a result of a de-
termination under section 215(i) of such Act (42 U.S.C.
415(i)).
(3) Each dollar amount increased pursuant to para-
graph (2) shall, if not a whole dollar amount, be rounded
down to the next lower whole dollar amount.
(d) SPECIAL RULE.—The Secretary may adjust ad-
ministratively, consistent with the increases made under
subsection (a), the rates of disability compensation pay-
able to persons within the purview of section 10 of Public
Law 85–857 (72 Stat. 1263) who are not in receipt of
compensation payable pursuant to chapter 11 of title 38,
United States Code.
(e) PUBLICATION
OF ADJUSTED RATES.—At the
same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are
required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year
1999, the Secretary of Veterans Affairs shall publish in
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the Federal Register the amounts specified in subsection
(b), as increased pursuant to this section.
SEC. 102. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR
CARCINOMA IS SERVICE-CONNECTED.
Section 1112(c)(2) is amended by adding at the end
the following new subparagraph:
‘‘(P) Bronchiolo-alveolar carcinoma.’’.
SEC. 103. DEPENDENCY AND INDEMNITY COMPENSATION
FOR SURVIVING SPOUSES OF FORMER PRIS-
ONERS OF WAR.
(a) ELIGIBILITY.—Section 1318(b) is amended—
(1) by striking ‘‘that either—’’ in the matter
preceding paragraph (1) and inserting ‘‘rated totally
disabling if—’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) the veteran was a former prisoner of war
who died after September 30, 1999, and who had
been diagnosed as having one of the diseases speci-
fied in section 1112(b) of this title.’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in paragraph (1)—
(A) by inserting ‘‘the disability’’ after
‘‘(1)’’; and
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(B) by striking ‘‘or’’ after ‘‘death;’’; and
(2) in paragraph (2)—
(A) by striking ‘‘if so rated for a lesser pe-
riod, was so rated continuously’’ and inserting
‘‘the disability was continuously rated totally
disabling’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’.
SEC. 104. REINSTATEMENT OF CERTAIN BENEFITS FOR RE-
MARRIED SURVIVING SPOUSES OF VETERANS
UPON TERMINATION OF THEIR REMARRIAGE.
(a) RESTORATION OF PRIOR ELIGIBILITY.—Section
103(d) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) The remarriage of the surviving spouse of a vet-
eran shall not bar the furnishing of benefits specified in
paragraph (5) to such person as the surviving spouse of
the veteran if the remarriage has been terminated by
death or divorce unless the Secretary determines that the
divorce was secured through fraud or collusion.
‘‘(3) If the surviving spouse of a veteran ceases living
with another person and holding himself or herself out
openly to the public as that person’s spouse, the bar to
granting that person benefits as the surviving spouse of
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the veteran shall not apply in the case of the benefits spec-
ified in paragraph (5).
‘‘(4) The first month of eligibility for benefits for a
surviving spouse by reason of this subsection shall be the
month after—
‘‘(A) the month of the termination of such re-
marriage, in the case of a surviving spouse described
in paragraph (2); or
‘‘(B) the month of the cessation described in
paragraph (3), in the case of a surviving spouse de-
scribed in that paragraph.
‘‘(5) Paragraphs (2) and (3) apply with respect to
benefits under the following provisions of this title:
‘‘(A) Section 1311, relating to dependency and
indemnity compensation.
‘‘(B) Section 1713, relating to medical care for
survivors and dependents of certain veterans.
‘‘(C) Chapter 35, relating to educational assist-
ance.
‘‘(D) Chapter 37, relating to housing loans.’’.
(b) CONFORMING AMENDMENT.—Section 1311 is
amended by striking subsection (e).
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on the first day
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of the first month beginning after the month in which this
Act is enacted or October 1, 1999, whichever is later.
(d) LIMITATION.—No payment may be made to a
person by reason of paragraphs (2) and (3) of section
103(d) of title 38, United States Code, as added by sub-
section (a), for any period before the effective date speci-
fied in subsection (c).
TITLE II—MEMORIAL AFFAIRS
Subtitle A—American Battle
Monuments Commission
SEC. 201. CODIFICATION AND EXPANSION OF AUTHORITY
FOR WORLD WAR II MEMORIAL.
(a) CODIFICATION OF EXISTING AUTHORITY; EX-
PANSION OF AUTHORITY.—(1) Chapter 21 of title 36,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2113. World War II memorial in the District of Co-
lumbia
‘‘(a) SOLICITATION AND ACCEPTANCE OF CONTRIBU-
TIONS.—Consistent with its authority under section
2103(e) of this title, the American Battle Monuments
Commission shall solicit and accept contributions for the
memorial authorized by Public Law 103–32 (40 U.S.C.
1003 note) to be established by the Commission on Fed-
eral land in the District of Columbia or its environs to
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honor members of the Armed Forces who served in World
War II and to commemorate the participation of the
United States in that war (hereinafter in this section re-
ferred to as the ‘World War II memorial’).
‘‘(b) CREATION OF MEMORIAL FUND.—(1) There is
hereby created in the Treasury a fund for the World War
II memorial. The fund shall consist of the following:
‘‘(A) Amounts deposited, and interest and pro-
ceeds credited, under paragraph (2).
‘‘(B) Obligations obtained under paragraph (3).
‘‘(C) The amount of surcharges paid to the
Commission for the World War II memorial under
the World War II 50th Anniversary Commemorative
Coins Act (31 U.S.C. 5112 note).
‘‘(D) Amounts borrowed using the authority
provided under subsection (d).
‘‘(E) Any funds received by the Commission
under section 2114 of this title in exchange for use
of, or the right to use, any mark, copyright or pat-
ent.
‘‘(2) The Chairman of the Commission shall deposit
in the fund the amounts accepted as contributions under
subsection (a). The Secretary of the Treasury shall credit
to the fund the interest on, and the proceeds from sale
or redemption of, obligations held in the fund.
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‘‘(3) The Secretary shall invest any portion of the
fund that, as determined by the Chairman, is not required
to meet current expenses. Each investment shall be made
in an interest-bearing obligation of the United States or
an obligation guaranteed as to principal and interest by
the United States that the Chairman determines has a
maturity suitable for the fund.
‘‘(c) USE OF FUND.—The fund shall be available to
the Commission—
‘‘(1) for the expenses of establishing the World
War II memorial, including the maintenance and
preservation amount provided for in section 8(b) of
the Commemorative Works Act (40 U.S.C. 1008(b));
‘‘(2) for such other expenses, other than routine
maintenance, with respect to the World War II me-
morial as the Commission considers warranted; and
‘‘(3) to secure, obtain, register, enforce, protect,
and license any mark, copyright or patent that is
owned by, assigned to, or licensed to the Commission
under section 2114 of this title to aid or facilitate
the construction of the World War II memorial.
‘‘(d) SPECIAL BORROWING AUTHORITY.—(1) To as-
sure that groundbreaking, construction, and dedication of
the World War II memorial are carried out on a timely
basis, the Commission may borrow money from the Treas-
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ury of the United States in such amounts as the Commis-
sion considers necessary, but not to exceed a total of
$65,000,000. Borrowed amounts shall bear interest at a
rate determined by the Secretary of the Treasury, taking
into consideration the average market yield on outstanding
marketable obligations of the United States of comparable
maturities during the month preceding the month in which
the obligations of the Commission are issued. The interest
payments on such obligations may be deferred with the
approval of the Secretary, but any interest payment so de-
ferred shall also bear interest.
‘‘(2) The borrowing of money by the Commission
under paragraph (1) shall be subject to such maturities,
terms, and conditions as may be agreed upon by the Com-
mission and the Secretary, except that the maturities may
not exceed 20 years and such borrowings may be redeem-
able at the option of the Commission before maturity.
‘‘(3) The obligations of the Commission shall be
issued in amounts and at prices approved by the Sec-
retary. The authority of the Commission to issue obliga-
tions under this subsection shall remain available without
fiscal year limitation. The Secretary of the Treasury shall
purchase any obligations of the Commission to be issued
under this subsection, and for such purpose the Secretary
of the Treasury may use as a public debt transaction of
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the United States the proceeds from the sale of any securi-
ties issued under chapter 31 of title 31. The purposes for
which securities may be issued under such chapter are ex-
tended to include any purchase of the Commission’s obli-
gations under this subsection.
‘‘(4) Repayment of the interest and principal on any
funds borrowed by the Commission under paragraph (1)
shall be made from amounts in the fund. The Commission
may not use for such purpose any funds appropriated for
any other activities of the Commission.
‘‘(e) TREATMENT OF BORROWING AUTHORITY.—In
determining whether the Commission has sufficient funds
to complete construction of the World War II memorial,
as required by section 8 of the Commemorative Works Act
(40 U.S.C. 1008), the Secretary of the Interior shall con-
sider the funds that the Commission may borrow from the
Treasury under subsection (d) as funds available to com-
plete construction of the memorial, whether or not the
Commission has actually exercised the authority to borrow
such funds.
‘‘(f) VOLUNTARY SERVICES.—(1) Notwithstanding
section 1342 of title 31, the Commission may accept from
any person voluntary services to be provided in further-
ance of the fund-raising activities of the Commission relat-
ing to the World War II memorial.
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‘‘(2) A person providing voluntary services under this
subsection shall be considered to be a Federal employee
for purposes of chapter 81 of title 5, relating to compensa-
tion for work-related injuries, and chapter 171 of title 28,
relating to tort claims. A volunteer who is not otherwise
employed by the United States shall not be considered to
be a Federal employee for any other purpose by reason
of the provision of such voluntary service, except that any
volunteers given responsibility for the handling of funds
or the carrying out of a Federal function are subject to
the conflict of interest laws contained in chapter 11 of title
18 and the administrative standards of conduct contained
in part 2635 of title 5 of the Code of Federal Regulations.
‘‘(3) The Commission may provide for reimbursement
of incidental expenses that are incurred by a person pro-
viding voluntary services under this subsection. The Com-
mission shall determine those expenses that are eligible for
reimbursement under this paragraph.
‘‘(4) Nothing in this subsection shall be construed to
require any Federal employee to work without compensa-
tion or to allow the use of volunteer services to displace
or replace any Federal employee.
‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A con-
tract entered into by the Commission for the design or
construction of the World War II memorial is not a fund-
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ing agreement as that term is defined in section 201 of
title 35.
‘‘(h) EXTENSION OF AUTHORITY TO ESTABLISH ME-
MORIAL.—Notwithstanding section 10 of the Commemora-
tive Works Act (40 U.S.C. 1010), the authority for the
construction of the World War II memorial provided by
Public Law 103–32 (40 U.S.C. 1003 note) expires on De-
cember 31, 2005.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2113. World War II memorial in the District of Columbia.’’.
(b) CONFORMING AMENDMENTS.—Public Law 103–
32 (40 U.S.C. 1003 note) is amended by striking sections
3, 4, and 5.
(c) EFFECT OF REPEAL OF CURRENT MEMORIAL
FUND.—Upon the enactment of this Act, the Secretary
of the Treasury shall transfer amounts in the fund created
by section 4(a) of Public Law 103–32 (40 U.S.C. 1003
note) to the fund created by section 2113(b) of title 36,
United States Code, as added by subsection (a).
SEC. 202. GENERAL AUTHORITY TO SOLICIT AND RECEIVE
CONTRIBUTIONS.
Subsection (e) of section 2103 of title 36, United
States Code, is amended to read as follows:
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‘‘(e) SOLICITATION
AND RECEIPT
OF CONTRIBU-
TIONS.—(1) The Commission may solicit and receive
funds and in-kind donations and gifts from any State, mu-
nicipal, or private source to carry out the purposes of this
chapter. The Commission shall deposit such funds in a
separate account in the Treasury. Funds from that ac-
count shall be disbursed upon vouchers approved by the
Chairman.
‘‘(2) The Commission shall establish written guide-
lines setting forth the criteria to be used in determining
whether the acceptance of funds and in-kind donations
and gifts under paragraph (1) would—
‘‘(A) reflect unfavorably on the ability of the
Commission, or any member or employee of the
Commission, to carry out the responsibilities or offi-
cial duties of the Commission in a fair and objective
manner; or
‘‘(B) compromise the integrity or the appear-
ance of the integrity of the programs of the Commis-
sion or any official involved in those programs.’’.
SEC. 203. INTELLECTUAL PROPERTY AND RELATED ITEMS.
(a) IN GENERAL.—Chapter 21 of title 36, United
States Code, as amended by section 201(a)(1), is further
amended by adding at the end the following new section:
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the Commission in administrative proceedings before the
Patent and Trademark Office and Copyright Office.
‘‘(e) IRREVOCABILITY
OF TRANSFERS
OF COPY-
RIGHTS TO COMMISSION.—Section 203 of title 17 shall
not apply to any copyright transferred in any manner to
the Commission.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter, as amended by section
201(a)(2), is further amended by adding at the end the
following new item:
‘‘2114. Intellectual property and related items.’’.
SEC. 204. TECHNICAL AMENDMENTS.
Chapter 21 of title 36, United States Code, is amend-
ed as follows:
(1) In section 2101(b)—
(A) by striking ‘‘title 37, United States
Code,’’ in paragraph (2) and inserting ‘‘title
37’’; and
(B) by striking ‘‘title 5, United States
Code,’’ in paragraph (3) and inserting ‘‘title 5’’.
(2) In section 2102(a)(1), by striking ‘‘title 5,
United States Code’’ and inserting ‘‘title 5’’.
(3) In section 2103—
(A) by striking ‘‘title 31, United States
Code’’ in subsection (h)(2)(A)(i) and inserting
‘‘title 31’’;
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(B) by striking ‘‘title 44, United States
Code’’ in subsection (i) and inserting ‘‘title 44’’;
and
(C) by striking ‘‘chairman’’ each place it
appears and inserting ‘‘Chairman’’.
Subtitle B—National Cemeteries
SEC. 211. ESTABLISHMENT OF ADDITIONAL NATIONAL
CEMETERIES.
(a) ESTABLISHMENT.—The Secretary of Veterans
Affairs shall establish, in accordance with chapter 24 of
title 38, United States Code, a national cemetery in each
of the four areas in the United States that the Secretary
determines to be most in need of such a cemetery to serve
the needs of veterans and their families.
(b) OBLIGATION OF FUNDS IN FISCAL YEAR 2000.—
The Secretary shall obligate from the advance planning
fund in the Construction, Major Projects account appro-
priated to the Department of Veterans Affairs for fiscal
year 2000 such amounts for costs that the Secretary esti-
mates are required for the planning and commencement
of the establishment of national cemeteries under this sec-
tion.
(c) REPORTS.—(1) Not later than 120 days after the
date of the enactment of this Act, the Secretary shall sub-
mit to Congress a report on the establishment of the na-
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tional cemeteries under subsection (a). The report shall
set forth the four areas identified by the Secretary for
such establishment, a schedule for such establishment, an
estimate of the costs associated with such establishment,
and the amount obligated from the advance planning fund
under subsection (b).
(2) Not later than one year after the date on which
the report described in paragraph (1) is submitted to Con-
gress, and annually thereafter until the establishment of
the national cemeteries under subsection (a) is complete,
the Secretary shall submit to Congress a report that up-
dates the information included in the report described in
paragraph (1).
SEC. 212. INDEPENDENT STUDY ON IMPROVEMENTS TO
VETERANS’ CEMETERIES.
(a) STUDY.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract with one or more quali-
fied organizations to conduct a study of national ceme-
teries described in subsection (b). For purposes of this sec-
tion, an entity of Federal, State, or local government is
not a qualified organization.
(b) MATTERS STUDIED.—(1) The study conducted
pursuant to the contract entered into under subsection (a)
shall include an assessment of each of the following:
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(A) The one-time repairs required at each na-
tional cemetery under the jurisdiction of the Na-
tional Cemetery Administration of the Department
of Veterans Affairs to ensure a dignified and re-
spectful setting appropriate to such cemetery, taking
into account the variety of age, climate, and burial
options at individual national cemeteries.
(B) The feasibility of making standards of ap-
pearance of such national cemeteries commensurate
with standards of appearance of the finest ceme-
teries in the world.
(C) The number of additional national ceme-
teries that will be required for the interment and
memorialization in such cemeteries of individuals
qualified under chapter 24 of title 38, United States
Code, who die after 2005.
(D) Improvements to burial benefits under
chapter 23 of title 38, United States Code, including
a proposal to increase the amount of the benefit for
plot allowances under section 2303(b) of such title,
to better serve veterans and their families.
(2) In presenting the assessment of additional na-
tional cemeteries required under paragraph (1)(C), the re-
port shall identify by five-year period, beginning with 2005
and ending with 2020, the following:
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(A) The number of additional national ceme-
teries required during each such five-year period.
(B) With respect to each such five-year period,
the areas in the United States with the greatest con-
centration of veterans whose needs are not served by
national cemeteries or State veterans’ cemeteries.
(c) REPORT.—(1) Not later than one year after the
date on which a qualified organization enters into a con-
tract under subsection (a), the organization shall submit
to the Secretary a report setting forth the results of the
study conducted and conclusions of the organization with
respect to such results.
(2) Not later than 120 days after the date on which
a report is submitted under paragraph (1), the Secretary
shall transmit to the Committees on Veterans’ Affairs of
the House of Representatives and the Senate a copy of
such report, together with any comments on the report
that the Secretary considers appropriate.
TITLE III—HOUSING
SEC. 301. PERMANENT ELIGIBILITY FOR HOUSING LOANS
FOR FORMER MEMBERS OF THE SELECTED
RESERVE.
Section 3702(a)(2)(E) is amended by striking ‘‘For
the period beginning on October 28, 1992, and ending on
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September 30, 2003, each veteran’’ and inserting ‘‘Each
veteran’’.
SEC. 302. HOMELESS VETERANS’ REINTEGRATION PRO-
GRAMS.
(a) IN GENERAL.—Chapter 41 is amended by adding
at the end the following new section:
‘‘§ 4111. Homeless veterans’ reintegration programs
‘‘(a) IN GENERAL.—The Secretary, acting through
the Assistant Secretary of Labor for Veterans’ Employ-
ment and Training, shall conduct, directly or through
grant or contract, such programs as the Secretary deter-
mines appropriate to expedite the reintegration of home-
less veterans into the labor force.
‘‘(b) AUTHORITY TO MONITOR EXPENDITURE OF
FUNDS.—The Secretary may collect such information as
the Secretary considers appropriate to monitor and evalu-
ate the distribution and expenditure of funds appropriated
to carry out this section, and such information shall be
furnished to the Secretary in such form as the Secretary
determines appropriate.
‘‘(c) DEFINITION.—As used in this section, the term
‘homeless veteran’ has the meaning given that term by
section 3771(2) of this title.
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TITLE IV—COURT OF APPEALS
FOR VETERANS CLAIMS
SEC. 401. AUTHORITY TO PRESCRIBE RULES AND REGULA-
TIONS.
Section 7254 is amended by adding at the end the
following new subsection:
‘‘(f) The Court may prescribe rules and regulations
to carry out this chapter.’’.
SEC. 402. RECALL OF RETIRED JUDGES.
(a) AUTHORITY TO RECALL RETIRED JUDGES.—
Chapter 72 is amended by inserting after section 7256 the
following new section:
‘‘§ 7257. Recall of retired judges
‘‘(a)(1) A retired judge of the Court may be recalled
for further service on the Court in accordance with this
section. To be eligible to be recalled for such service, a
retired judge must at the time of the judge’s retirement
provide to the chief judge of the Court (or, in the case
of the chief judge, to the clerk of the Court) notice in writ-
ing that the retired judge is available for further service
on the Court in accordance with this section and is willing
to be recalled under this section. Such a notice provided
by a retired judge is irrevocable.
‘‘(2) For the purposes of this section—
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‘‘(A) a retired judge is a judge of the Court of
Veterans Appeals who retires from the Court under
section 7296 of this title or under chapter 83 or 84
of title 5; and
‘‘(B) a recall-eligible retired judge is a retired
judge who has provided a notice under paragraph
(1).
‘‘(b)(1) The chief judge may recall for further service
on the court a recall-eligible retired judge in accordance
with this section. Such a recall shall be made upon written
certification by the chief judge that substantial service is
expected to be performed by the retired judge for such
period, not to exceed 90 days (or the equivalent), as deter-
mined by the chief judge to be necessary to meet the needs
of the Court.
‘‘(2) A recall-eligible retired judge may not be re-
called for more than 90 days (or the equivalent) during
any calendar year without the judge’s consent or for more
than a total of 180 days (or the equivalent) during any
calendar year.
‘‘(3) If a recall-eligible retired judge is recalled by the
chief judge in accordance with this section and (other than
in the case of a judge who has previously during that cal-
endar year served at least 90 days (or the equivalent) of
recalled service on the court) declines (other than by rea-
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son of disability) to perform the service to which recalled,
the chief judge shall remove that retired judge from the
status of a recall-eligible judge.
‘‘(4) A recall-eligible retired judge who becomes per-
manently disabled and as a result of that disability is un-
able to perform further service on the court shall be re-
moved from the status of a recall-eligible judge. Deter-
mination of such a disability shall be made in the same
manner as is applicable to judges of the United States
under section 371 of title 28.
‘‘(c) A retired judge who is recalled under this section
may exercise all of the powers and duties of the office of
a judge in active service.
‘‘(d)(1) The pay of a recall-eligible retired judge who
retired under section 7296 of this title is specified in sub-
section (c) of that section.
‘‘(2) A judge who is recalled under this section who
retired under chapter 83 or 84 of title 5 shall be paid,
during the period for which the judge serves in recall sta-
tus, pay at the rate of pay in effect under section 7253(e)
of this title for a judge performing active service, less the
amount of the judge’s annuity under the applicable provi-
sions of chapter 83 or 84 of title 5.
‘‘(e)(1) Except as provided in subsection (d), a judge
who is recalled under this section who retired under chap-
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ter 83 or 84 of title 5 shall be considered to be a reem-
ployed annuitant under that chapter.
‘‘(2) Nothing in this section affects the right of a
judge who retired under chapter 83 or 84 of title 5 to
serve as a reemployed annuitant in accordance with the
provisions of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 7256 the following new
item:
‘‘7257. Recall of retired judges.’’.
SEC. 403. CALCULATION OF YEARS OF SERVICE AS A
JUDGE.
Section 7296(b) is amended by adding at the end the
following new paragraph:
‘‘(4) For purposes of calculating the years of service
of an individual under this subsection and subsection (c),
only those years of service as a judge of the Court shall
be credited. In determining the number of years of such
service, that portion of the aggregate number of years of
such service that is a fractional part of one year shall be
disregarded if less than 183 days and shall be credited
as a full year if 183 days or more.’’.
SEC. 404. JUDGES’ RETIRED PAY.
(a) IN GENERAL.—Subsection (c)(1) of section 7296
is amended by striking ‘‘at the rate of pay in effect at
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the time of retirement.’’ and inserting the following: ‘‘as
follows:
‘‘(A) In the case of a judge who is a recall-eligi-
ble retired judge under section 7257 of this title or
who was a recall-eligible retired judge under that
section and was removed from recall status under
subsection (b)(4) of that section by reason of dis-
ability, the retired pay of the judge shall be the pay
of a judge of the court (or of the chief judge, if the
individual retired from service as chief judge).
‘‘(B) In the case of a judge who at the time of
retirement did not provide notice under section 7257
of this title of availability for service in a recalled
status, the retired pay of the judge shall be the rate
of pay applicable to that judge at the time of retire-
ment.
‘‘(C) In the case of a judge who was a recall-
eligible retired judge under section 7257 of this title
and was removed from recall status under subsection
(b)(3) of that section, the retired pay of the judge
shall be the pay of the judge at the time of the re-
moval from recall status.’’.
(b) COST-OF-LIVING ADJUSTMENTS.—Subsection (f)
of such section is amended by adding at the end the fol-
lowing new paragraph:
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‘‘(3)(A) A cost-of-living adjustment provided by law
in annuities payable under civil service retirement laws
shall apply to retired pay under this section only in the
case of retired pay computed under paragraph (2) of sub-
section (c).
‘‘(B)(i) If such a cost-of-living adjustment would (but
for this subparagraph) result in the retired pay of a re-
tired chief judge being in excess of the annual rate of pay
in effect for the chief judge of the court as provided in
section 7253(e)(1) of this title, such adjustment may be
made in the retired pay of that retired chief judge only
in such amount as results in the retired pay of the retired
chief judge being equal to that annual rate of pay (as in
effect on the effective date of such adjustment).
‘‘(ii) If such a cost-of-living adjustment would (but
for this subparagraph) result in the retired pay of a re-
tired judge (other than a retired chief judge) being in ex-
cess of the annual rate of pay in effect for judges of the
court as provided in section 7253(e)(2) of this title, such
adjustment may be made only in such amount as results
in the retired pay of the retired judge being equal to that
annual rate of pay (as in effect on the effective date of
such adjustment).’’.
(c) 
COORDINATION
WITH
MILITARY
RETIRED
PAY.—Subsection (f) of such section is further amended
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by adding after paragraph (3), as added by subsection (b),
the following new paragraph:
‘‘(4) Notwithstanding subsection (c) of section 5532
of title 5, if a regular or reserve member of a uniformed
service who is receiving retired or retainer pay becomes
a judge of the court, or becomes eligible therefor while
a judge of the court, such retired or retainer pay shall
not be paid during the judge’s regular active service on
the court, but shall be resumed or commenced without re-
duction upon retirement as a judge.’’.
SEC. 405. SURVIVOR ANNUITIES.
(a) SURVIVING SPOUSE.—Subsection (a)(5) of sec-
tion 7297 is amended by striking ‘‘two years’’ and insert-
ing ‘‘one year’’.
(b) ELECTION TO PARTICIPATE.—Subsection (b) of
such section is amended in the first sentence by inserting
before the period ‘‘or within six months after the date on
which the judge marries if the judge has retired under
section 7296 of this title’’.
(c) REDUCTION IN CONTRIBUTIONS.—Subsection (c)
of such section is amended by striking ‘‘3.5 percent of the
judge’s pay’’ and inserting ‘‘that percentage of the judge’s
pay that is the same as provided for the deduction from
the salary or retirement salary of a judge of the United
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States Court of Federal Claims for the purpose of a sur-
vivor annuity under section 376(b)(1)(B) of title 28’’.
(d) INTEREST PAYMENTS.—Subsection (d) of such
section is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) The interest required under the first sentence
of paragraph (1) shall not be required for any period—
‘‘(A) during which a judge was separated from
any service described in section 376(d)(2) of title 28;
and
‘‘(B) during which the judge was not receiving
retired pay based on service as a judge or receiving
any retirement salary as described in section
376(d)(1) of title 28.’’.
(e) SERVICE ELIGIBILITY.—(1) Subsection (f) of
such section is amended—
(A) in paragraph (1), in the matter preceding
subparagraph (A)—
(i) by striking ‘‘at least 5 years’’ and in-
serting ‘‘at least 18 months’’; and
(ii) by striking ‘‘last 5 years’’ and inserting
‘‘last 18 months’’; and
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(B) by adding at the end the following new
paragraph:
‘‘(5) If a judge dies as a result of an assassination
and leaves a survivor or survivors who are otherwise enti-
tled to receive annuity payments under this section, the
18-month requirement in the matter in paragraph (1) pre-
ceding subparagraph (A) shall not apply.’’.
(2) Subsection (a) of such section is further
amended—
(A) in paragraph (2), by inserting ‘‘who is in
active service or who has retired under section 7296
of this title’’ after ‘‘Court’’;
(B) in paragraph (3), by striking ‘‘7296(c)’’
and inserting ‘‘7296’’;
(C) by adding at the end the following new
paragraph:
‘‘(8) The term ‘assassination’ as applied to a
judge shall have the meaning provided that term in
section 376(a)(7) of title 28 as applied to a judicial
official.’’.
(f) AGE REQUIREMENT OF SURVIVING SPOUSE.—
Subsection (f) of such section is further amended by strik-
ing ‘‘or following the surviving spouse’s attainment of the
age of 50 years, whichever is the later’’ in paragraph
(1)(A).
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SEC. 406. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) IN GENERAL.—Chapter 72 is amended by adding
at the end the following new section:
‘‘§ 7299. Limitation on activities of retired judges
‘‘(a) A retired judge of the Court who is recall-eligible
under section 7257 of this title and who in the practice
of law represents (or supervises or directs the representa-
tion of) a client in making any claim relating to veterans’
benefits against the United States or any agency thereof
shall, pursuant to such section, be considered to have de-
clined recall service and be removed from the status of
a recall-eligible judge. The pay of such a judge, pursuant
to section 7296 of this title, shall be the pay of the judge
at the time of the removal from recall status.
‘‘(b) A recall-eligible judge shall be considered to be
an officer or employee of the United States, but only dur-
ing periods when the judge is serving in recall status. Any
prohibition, limitation, or restriction that would otherwise
apply to the activities of a recall-eligible judge shall apply
only during periods when the judge is serving in recall sta-
tus.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘7299. Limitation on activities of retired judges.’’.
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SEC. 407. EARLY RETIREMENT AUTHORITY FOR CURRENT
JUDGES IN ORDER TO PROVIDE FOR STAG-
GERED TERMS OF JUDGES.
(a) RETIREMENT AUTHORIZED.—One eligible judge
may retire in accordance with this section with respect to
each year beginning in 1999 and ending in 2003.
(b) ELIGIBLE JUDGES.—For purposes of this section,
an eligible judge is an associate judge of the United States
Court of Appeals for Veterans Claims who—
(1) has at least 10 years of service creditable
under section 7296 of title 38, United States Code;
(2) has made an election to receive retired pay
under section 7296 of such title;
(3) has at least 20 years of service described in
section 7297(l) of such title; and
(4) is at least 55 years of age.
(c) MULTIPLE ELIGIBLE JUDGES.—If for any year
specified in subsection (a) more than one eligible judge
provides notice in accordance with subsection (d), the
judge who has the greatest seniority as a judge of the
United States Court of Appeals for Veterans Claims shall
be the judge who is eligible to retire in accordance with
this section in that year.
(d) NOTICE.—An eligible judge who desires to retire
in accordance with this section with respect to any year
covered by subsection (a) shall provide to the President
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and the chief judge of the United States Court of Appeals
for Veterans Claims written notice to that effect not later
than April 1 of that year, except that in the case of an
eligible judge desiring to retire with respect to 1999, such
notice shall be provided not later than November 1, 1999,
or 15 days after the date of the enactment of this Act,
whichever is later. Such a notice shall specify the retire-
ment date in accordance with subsection (e). Notice pro-
vided under this subsection shall be irrevocable.
(e) DATE OF RETIREMENT.—A judge who is eligible
to retire in accordance with this section shall be retired
during the fiscal year in which notice is provided pursuant
to subsection (d), but not earlier than 90 days after the
date on which that notice is provided, except that a judge
retired in accordance with this section with respect to
1999 shall be retired not earlier than 90 days, and not
later than 150 days, after the date on which notice is pro-
vided pursuant to subsection (d).
(f) APPLICABLE PROVISIONS.—Except as provided in
subsection (g), a judge retired in accordance with this sec-
tion shall be considered for all purposes to be retired under
section 7296(b)(1) of title 38, United States Code.
(g) RATE OF RETIRED PAY.—The rate of retired pay
for a judge retiring in accordance with this section is—
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(1) the rate applicable to that judge under sec-
tion 7296(c)(1) of title 38, United States Code, mul-
tiplied by
(2) the fraction (not in excess of 1) in which—
(A) the numerator is the sum of (i) the
number of years of service of the judge as a
judge of the United States Court of Appeals for
Veterans Claims creditable under section 7296
of such title, and (ii) the age of the judge; and
(B) the denominator is 80.
(h) ADJUSTMENTS IN RETIRED PAY FOR JUDGES
AVAILABLE
FOR
RECALL.—Subject 
to 
section
7296(f)(3)(B) of title 38, United States Code, an adjust-
ment provided by law in annuities payable under civil serv-
ice retirement laws shall apply to retired pay under this
section in the case of a judge who is a recall-eligible retired
judge under section 7257 of such title, or who was a recall-
eligible retired judge under that section and was removed
from recall status under subsection (b)(4) of that section
by reason of disability.
(i) DUTY
OF
ACTUARY.—Section 7298(e)(2) is
amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and
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(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) For purposes of subparagraph (B), the term
‘present value’ includes a value determined by an actuary
with respect to a payment that may be made under sub-
section (b) from the retirement fund within the contempla-
tion of law.’’.
TITLE V—OTHER MATTERS
SEC. 501. REPEAL OF CERTAIN SUNSET PROVISIONS.
(a) ENHANCED LOAN ASSET SALE AUTHORITY.—
Section 3720(h) is amended—
(1) by striking ‘‘(1)’’ after ‘‘(h)’’; and
(2) by striking paragraph (2).
(b) PROCEDURES
APPLICABLE
TO
LIQUIDATION
SALES ON DEFAULTED HOME LOANS.—Section 3732(c)
is amended by striking paragraph (11).
(c) INCOME
VERIFICATION
AUTHORITY.—Section
5317(g) is repealed.
SEC. 502. ENHANCED QUALITY ASSURANCE PROGRAM
WITHIN THE VETERANS BENEFITS ADMINIS-
TRATION.
(a) IN GENERAL.—(1) Chapter 77 is amended by
adding at the end the following new subchapter:
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‘‘SUBCHAPTER III—QUALITY ASSURANCE
‘‘§ 7731. Establishment
‘‘(a) The Secretary shall carry out a quality assur-
ance program in the Veterans Benefits Administration.
The program may be carried out through a single quality
assurance division in the Administration or through sepa-
rate quality assurance entities for each of the principal
organizational elements (known as ‘services’) of the Ad-
ministration.
‘‘(b) The Secretary shall ensure that any quality as-
surance entity established and operated under subsection
(a) is established and operated so as to meet generally ap-
plicable governmental standards for independence and in-
ternal controls for the performance of quality reviews of
Government performance and results.
‘‘§ 7732. Functions
‘‘The Under Secretary for Benefits, acting through
the quality assurance entities established under section
7731(a), shall on an ongoing basis perform and oversee
quality reviews of the functions of each of the principal
organizational elements of the Veterans Benefits Adminis-
tration.
‘‘§ 7733. Personnel
‘‘The Secretary shall ensure that the number of full-
time employees of the Veterans Benefits Administration
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assigned to quality assurance functions under this sub-
chapter is adequate to perform the quality assurance func-
tions for which they have responsibility.
‘‘§ 7734. Annual report to Congress
‘‘The Secretary shall include in the annual report to
the Congress required by section 529 of this title a report
on the quality assurance activities carried out under this
subchapter. Each such report shall include—
‘‘(1) an appraisal of the quality of services pro-
vided by the Veterans Benefits Administration,
including—
‘‘(A) the number of decisions reviewed;
‘‘(B) a summary of the findings on the de-
cisions reviewed;
‘‘(C) the number of full-time equivalent
employees assigned to quality assurance in each
division or entity;
‘‘(D) specific documentation of compliance
with the standards for independence and inter-
nal control required by section 7731(b) of this
title; and
‘‘(E) actions taken to improve the quality
of services provided and the results obtained;
‘‘(2) information with respect to the accuracy of
decisions, including trends in that information; and
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‘‘(3) such other information as the Secretary
considers appropriate.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new items:
‘‘SUBCHAPTER III—QUALITY ASSURANCE
‘‘7731. Establishment.
‘‘7732. Functions.
‘‘7733. Personnel.
‘‘7734. Annual report to Congress.’’.
(b) EFFECTIVE DATE.—Subchapter III of chapter 77
of title 38, United States Code, as added by subsection
(a), shall take effect on the later of October 1, 1999, or
at the end of the 60-day period beginning on the date of
the enactment of this Act.
SEC. 503. EXTENSION OF ADVISORY COMMITTEE ON MI-
NORITY VETERANS.
Section 544(e) is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2004’’.
SEC. 504. CODIFICATION OF RECURRING PROVISIONS IN
ANNUAL DEPARTMENT OF VETERANS AF-
FAIRS APPROPRIATIONS ACTS.
(a) CODIFICATION OF RECURRING PROVISIONS.—(1)
Section 313 is amended by adding at the end the following
new subsections:
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‘‘(c) COMPENSATION AND PENSION.—Funds appro-
priated for Compensation and Pensions are available for
the following purposes:
‘‘(1) The payment of compensation benefits to
or on behalf of veterans as authorized by section 107
and chapters 11, 13, 51, 53, 55, and 61 of this title.
‘‘(2) Pension benefits to or on behalf of vet-
erans as authorized by chapters 15, 51, 53, 55, and
61 of this title and section 306 of the Veterans’ and
Survivors’ Pension Improvement Act of 1978.
‘‘(3) The payment of benefits as authorized
under chapter 18 of this title.
‘‘(4) Burial benefits, emergency and other offi-
cers’ retirement pay, adjusted-service credits and
certificates, payments of premiums due on commer-
cial life insurance policies guaranteed under the pro-
visions of article IV of the Soldiers’ and Sailors’
Civil Relief Act of 1940 (50 U.S.C. App. 540 et
seq.), and other benefits as authorized by sections
107, 1312, 1977, and 2106 and chapters 23, 51, 53,
55, and 61 of this title and the World War Adjusted
Compensation Act (43 Stat. 122, 123), the Act of
May 24, 1928 (Public Law No. 506 of the 70th
Congress; 45 Stat. 735), and Public Law 87–875
(76 Stat. 1198).
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‘‘(d) MEDICAL CARE.—Funds appropriated for Med-
ical Care are available for the following purposes:
‘‘(1) The maintenance and operation of hos-
pitals, nursing homes, and domiciliary facilities.
‘‘(2) Furnishing, as authorized by law, inpatient
and outpatient care and treatment to beneficiaries of
the Department, including care and treatment in fa-
cilities not under the jurisdiction of the Department.
‘‘(3) Furnishing recreational facilities, supplies,
and equipment.
‘‘(4) Funeral and burial expenses and other ex-
penses incidental to funeral and burial expenses for
beneficiaries receiving care from the Department.
‘‘(5) Administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and ren-
ovation of any facility under the jurisdiction or for
the use of the Department.
‘‘(6) Oversight, engineering, and architectural
activities not charged to project cost.
‘‘(7) Repairing, altering, improving, or pro-
viding facilities in the medical facilities and homes
under the jurisdiction of the Department, not other-
wise provided for, either by contact or by the hire
of temporary employees and purchase of materials.
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‘‘(8) Uniforms or uniform allowances, as au-
thorized by sections 5901 and 5902 of title 5.
‘‘(9) Aid to State homes, as authorized by sec-
tion 1741 of this title.
‘‘(10) Administrative and legal expenses of the
Department for collecting and recovering amounts
owed the Department as authorized under chapter
17 of this title and Public Law 87–693, popularly
known as the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.).
‘‘(e) MEDICAL ADMINISTRATION
AND MISCELLA-
NEOUS OPERATING EXPENSES.—Funds appropriated for
Medical Administration and Miscellaneous Operating Ex-
penses are available for the following purposes:
‘‘(1) The administration of medical, hospital,
nursing home, domiciliary, construction, supply, and
research activities authorized by law.
‘‘(2) Administrative expenses in support of
planning, design, project management, architectural
work, engineering, real property acquisition and dis-
position, construction, and renovation of any facility
under the jurisdiction or for the use of the Depart-
ment, including site acquisition.
‘‘(3) Engineering and architectural activities
not charged to project costs.
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‘‘(4) Research and development in building con-
struction technology.
‘‘(f) GENERAL OPERATING EXPENSES.—Funds ap-
propriated for General Operating Expenses are available
for the following purposes:
‘‘(1) Uniforms or allowances therefor.
‘‘(2) Hire of passenger motor vehicles.
‘‘(3) Reimbursement of the General Services
Administration for security guard services.
‘‘(4) Reimbursement of the Department of De-
fense for the cost of overseas employee mail.
‘‘(5) Administration of the Service Members
Occupational Conversion and Training Act of 1992
(10 U.S.C. 1143 note).
‘‘(g) CONSTRUCTION.—Funds appropriated for Con-
struction, Major Projects, and for Construction, Minor
Projects, are available, with respect to a project, for the
following purposes:
‘‘(1) Planning.
‘‘(2) Architectural and engineering services.
‘‘(3) Maintenance or guarantee period services
costs associated with equipment guarantees provided
under the project.
‘‘(4) Services of claims analysts.
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‘‘(5) Offsite utility and storm drainage system
construction costs.
‘‘(6) Site acquisition.
‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In addi-
tion to the purposes specified in subsection (g), funds ap-
propriated for Construction, Minor Projects, are available
for—
‘‘(1) repairs to any of the nonmedical facilities
under the jurisdiction or for the use of the Depart-
ment which are necessary because of loss or damage
caused by a natural disaster or catastrophe; and
‘‘(2) temporary measures necessary to prevent
or to minimize further loss by such causes.’’.
(2)(A) Chapter 1 is amended by adding at the end
the following new section:
‘‘§ 116. Definition of cost of direct and guaranteed
loans
‘‘For the purpose of any provision of law appro-
priating funds to the Department for the cost of direct
or guaranteed loans, the cost of any such loan, including
the cost of modifying any such loan, shall be as defined
in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).’’.
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(B) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘116. Definition of cost of direct and guaranteed loans.’’.
(b) EFFECTIVE DATE.—Subsections (c) through (h)
of section 313 of title 38, United States Code, as added
by subsection (a)(1), and section 116 of such title, as
added by subsection (a)(2), shall take effect with respect
to funds appropriated for fiscal year 2001.
Passed the House of Representatives June 29, 1999.
Attest:
JEFF TRANDAHL,
Clerk.