In the Senate of the United States,
November 5, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 2116) entitled ‘‘An Act to amend title 38, United
States Code, to establish a program of extended care services
for veterans and to make other improvements in health care
programs of the Department of Veterans Affairs.’’, do pass
with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans Benefits Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—MEDICAL CARE
Subtitle A—Long-Term Care
Sec. 101. Continuum of care for veterans.
Sec. 102. Pilot programs relating to long-term care of veterans.
Sec. 103. Pilot program relating to assisted living services.
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Subtitle B—Management of Medical Facilities and Property
Sec. 111. Enhanced-use lease authority.
Sec. 112. Designation of hospital bed replacement building at Department of Vet-
erans Affairs Medical Center in Reno, Nevada, after Jack Street-
er.
Subtitle C—Other Health Care Provisions
Sec. 121. Emergency health care in non-Department of Veterans Affairs facilities
for enrolled veterans.
Sec. 122. Improvement of specialized mental health services for veterans.
Sec. 123. Treatment and services for drug or alcohol dependency.
Sec. 124. Allocation to Department of Veterans Affairs health care facilities of
amounts in Medical Care Collections Fund.
Sec. 125. Extension of certain Persian Gulf War authorities.
Sec. 126. Report on coordination of procurement of pharmaceuticals and medical
supplies by the Department of Veterans Affairs and the Depart-
ment of Defense.
Sec. 127. Reimbursement of medical expenses of veterans located in Alaska.
Sec. 128. Repeal of four-year limitation on terms of Under Secretary for Health
and Under Secretary for Benefits.
Subtitle D—Major Medical Facility Projects Construction Authorizations
Sec. 131. Authorization of major medical facility projects.
TITLE II—BENEFITS MATTERS
Subtitle A—Homeless Veterans
Sec. 201. Extension of program of housing assistance for homeless veterans.
Sec. 202. Homeless veterans comprehensive service programs.
Sec. 203. Authorizations of appropriations for homeless veterans’ reintegration
projects.
Sec. 204. Report on implementation of General Accounting Office recommenda-
tions regarding performance measures.
Subtitle B—Other Matters
Sec. 211. Payment rate of certain burial benefits for certain Filipino veterans.
Sec. 212. Extension of authority to maintain a regional office in the Republic of
the Philippines.
Sec. 213. Extension of Advisory Committee on Minority Veterans.
Sec. 214. Dependency and indemnity compensation for surviving spouses of
former prisoners of war.
Sec. 215. Repeal of limitation on payments of benefits to incompetent institu-
tionalized veterans.
Sec. 216. Clarification of veterans employment opportunities.
TITLE III—EDUCATION MATTERS
Sec. 301. Short title.
Sec. 302. Availability of Montgomery GI Bill benefits for preparatory courses for
college and graduate school entrance exams.
Sec. 303. Increase in basic benefit of active duty educational assistance.
Sec. 304. Increase in rates of survivors and dependents educational assistance.
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Sec. 305. Increased active duty educational assistance benefit for contributing
members.
Sec. 306. Continuing eligibility for educational assistance of members of the
Armed Forces attending officer training school.
Sec. 307. Eligibility of members of the Armed Forces to withdraw elections not
to receive Montgomery GI Bill basic educational assistance.
Sec. 308. Accelerated payments of basic educational assistance.
Sec. 309. Veterans education and vocational training benefits provided by the
States.
TITLE IV—MEMORIAL AFFAIRS
Subtitle A—Arlington National Cemetery
Sec. 401. Short title.
Sec. 402. Persons eligible for burial in Arlington National Cemetery.
Sec. 403. Persons eligible for placement in the columbarium in Arlington Na-
tional Cemetery.
Subtitle B—Other Memorial Matters
Sec. 411. Establishment of additional national cemeteries.
Sec. 412. Use of flat grave markers at Santa Fe National Cemetery, New Mexico.
Subtitle C—World War II Memorial
Sec. 421. Short title.
Sec. 422. Fund raising by American Battle Monuments Commission for World
War II Memorial.
Sec. 423. General authority of American Battle Monuments Commission to solicit
and receive contributions.
Sec. 424. Intellectual property and related items.
TITLE V—UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS
Sec. 501. Temporary service of certain judges of United States Court of Appeals
for Veterans Claims upon expiration of their terms or retire-
ment.
Sec. 502. Modified terms for certain judges of United States Court of Appeals for
Veterans Claims.
Sec. 503. Temporary authority for voluntary separation incentives for certain
judges on United States Court of Appeals for Veterans Claims.
Sec. 504. Definition.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
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TITLE I—MEDICAL CARE
Subtitle A—Long-Term Care
SEC. 101. CONTINUUM OF CARE FOR VETERANS.
(a) INCLUSION
OF NONINSTITUTIONAL EXTENDED
CARE SERVICES IN DEFINITION OF MEDICAL SERVICES.—
Section 1701 is amended—
(1) in paragraph (6)(A)(i), by inserting ‘‘non-
institutional extended care services,’’ after ‘‘preventive
health services,’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(10) The term ‘noninstitutional extended care
services’ includes—
‘‘(A) home-based primary care;
‘‘(B) adult day health care;
‘‘(C) respite care;
‘‘(D) palliative and end-of-life care; and
‘‘(E) home health aide visits.
‘‘(11) The term ‘respite care’ means hospital
care, nursing home care, or residence-based care
which—
‘‘(A) is of limited duration;
‘‘(B) is furnished in a Department facility
or in the residence of an individual on an inter-
mittent basis to an individual who is suffering
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1720D note) is amended by striking ‘‘section 1720D’’ both
places it appears and inserting ‘‘section 1720C’’.
SEC. 102. PILOT PROGRAMS RELATING TO LONG-TERM
CARE OF VETERANS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall carry out three pilot programs for the purpose of deter-
mining the feasibility and practicability of a variety of
methods of meeting the long-term care needs of eligible vet-
erans. The pilot programs shall be carried out in accordance
with the provisions of this section.
(b) LOCATIONS OF PILOT PROGRAMS.—(1) Each pilot
program under this section shall be carried out in two des-
ignated health care regions of the Department of Veterans
Affairs selected by the Secretary for purposes of this section.
(2) In selecting designated health care regions of the
Department for purposes of a particular pilot program, the
Secretary shall, to the maximum extent practicable, select
designated health care regions containing a medical center
or medical centers whose current circumstances and activi-
ties most closely mirror the circumstances and activities
proposed to be achieved under such pilot program.
(3) The Secretary may not carry out more than one
pilot program in any given designated health care region
of the Department.
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(c) SCOPE OF SERVICES UNDER PILOT PROGRAMS.—
(1) The services provided under the pilot programs under
this section shall include a comprehensive array of health
care services and other services that meet the long-term care
needs of veterans, including—
(A) inpatient long-term care in intermediate
care beds, in nursing homes, and in domiciliary care
facilities; and
(B) non-institutional long-term care, including
hospital-based primary care, adult day health care,
respite care, and other community-based interventions
and care.
(2) As part of the provision of services under the pilot
programs, the Secretary shall also provide appropriate case
management services.
(3) In providing services under the pilot programs, the
Secretary shall emphasize the provision of preventive care
services, including screening and education.
(4) The Secretary may provide health care services or
other services under the pilot programs only if the Secretary
is otherwise authorized to provide such services by law.
(d) DIRECT PROVISION OF SERVICES.—Under one of
the pilot programs under this section, the Secretary shall
provide long-term care services to eligible veterans directly
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through facilities and personnel of the Department of Vet-
erans Affairs.
(e) PROVISION OF SERVICES THROUGH COOPERATIVE
ARRANGEMENTS.—(1) Under one of the pilot programs
under this section, the Secretary shall provide long-term
care services to eligible veterans through a combination (as
determined by the Secretary) of—
(A) services provided under cooperative arrange-
ments with appropriate public and private non-Gov-
ernmental entities, including community service orga-
nizations; and
(B) services provided through facilities and per-
sonnel of the Department.
(2) The consideration provided by the Secretary for
services provided by entities under cooperative arrange-
ments under paragraph (1)(A) shall be limited to the provi-
sion by the Secretary of appropriate in-kind services to such
entities.
(f) PROVISION OF SERVICES BY NON-DEPARTMENT
ENTITIES.—(1) Under one of the pilot programs under this
section, the Secretary shall provide long-term care services
to eligible veterans through arrangements with appropriate
non-Department entities under which arrangements the
Secretary acts solely as the case manager for the provision
of such services.
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(2) Payment for services provided to veterans under
the pilot programs under this subsection shall be made by
the Department to the extent that payment for such services
is not otherwise provided by another government or non-
government entity.
(g) DATA COLLECTION.—As part of the pilot programs
under this section, the Secretary shall collect data
regarding—
(1) the cost-effectiveness of such programs and of
other activities of the Department for purposes of
meeting the long-term care needs of eligible veterans,
including any cost advantages under such programs
and activities when compared with the Medicare pro-
gram, Medicaid program, or other Federal program
serving similar populations;
(2) the quality of the services provided under
such programs and activities;
(3) the satisfaction of participating veterans,
non-Department, and non-Government entities with
such programs and activities; and
(4) the effect of such programs and activities on
the ability of veterans to carry out basic activities of
daily living over the course of such veterans’ partici-
pation in such programs and activities.
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(h) REPORT.—(1) Not later than six months after the
completion of the pilot programs under subsection (i), the
Secretary shall submit to Congress a report on the health
services and other services furnished by the Department to
meet the long-term care needs of eligible veterans.
(2) The report under paragraph (1) shall—
(A) describe the comprehensive array of health
services and other services furnished by the Depart-
ment under law to meet the long-term care needs of
eligible veterans, including—
(i) inpatient long-term care in intermediate
care beds, in nursing homes, and in domiciliary
care facilities; and
(ii) non-institutional long-term care, in-
cluding hospital-based primary care, adult day
health care, respite care, and other community-
based interventions and care;
(B) describe the case management services fur-
nished as part of the services described in subpara-
graph (A) and assess the role of such case manage-
ment services in ensuring that eligible veterans receive
services to meet their long-term care needs; and
(C) in describing services under subparagraphs
(A) and (B), emphasize the role of preventive services
in the furnishing of such services.
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(i) DURATION OF PROGRAMS.—(1) The Secretary shall
commence carrying out the pilot programs required by this
section not later than 90 days after the date of the enact-
ment of this Act.
(2) The authority of the Secretary to provide services
under the pilot programs shall cease on the date that is
three years after the date of the commencement of the pilot
programs under paragraph (1).
(j) DEFINITIONS.—In this section:
(1) ELIGIBLE VETERAN.—The term ‘‘eligible vet-
eran’’ means the following:
(A) Any veteran eligible to receive hospital
care 
and 
medical 
services 
under 
section
1710(a)(1) of title 38, United States Code.
(B) Any veteran (other than a veteran de-
scribed in subparagraph (A)) if the veteran is
enrolled in the system of annual patient enroll-
ment under section 1705 of title 38, United
States Code.
(2) LONG-TERM CARE NEEDS.—The term ‘‘long-
term care needs’’ means the need by an individual for
any of the following services:
(A) Hospital care.
(B) Medical services.
(C) Nursing home care.
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(D) Case management and other social serv-
ices.
(E) Home and community based services.
SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING
SERVICES.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall carry out a pilot program for the purpose of deter-
mining the feasibility and practicability of providing as-
sisted living services to eligible veterans. The pilot program
shall be carried out in accordance with this section.
(b) LOCATION.—The pilot program under this section
shall be carried out at a designated health care region of
the Department of Veterans Affairs selected by the Secretary
for purposes of this section.
(c) SCOPE OF SERVICES.—(1) Subject to paragraph
(2), the Secretary shall provide assisted living services
under the pilot program to eligible veterans.
(2) Assisted living services may not be provided under
the pilot program to a veteran eligible for care under section
1710(a)(3) of title 38, United States Code, unless such vet-
eran agrees to pay the United States an amount equal to
the amount determined in accordance with the provisions
of section 1710(f) of such title.
(3) Assisted living services may also be provided under
the pilot program to the spouse of an eligible veteran if—
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(A) such services are provided coincidentally
with the provision of identical services to the veteran
under the pilot program; and
(B) such spouse agrees to pay the United States
an amount equal to the cost, as determined by the
Secretary, of the provision of such services.
(d) REPORTS.—(1) The Secretary shall annually sub-
mit to Committees on Veterans’ Affairs of the Senate and
the House of Representatives a report on the pilot program
under this section. The report shall include a detailed de-
scription of the activities under the pilot program during
the one-year period ending on the date of the report and
such other matters as the Secretary considers appropriate.
(2)(A) In addition to the reports required by para-
graph (1), not later than 90 days before concluding the pilot
program under this section, the Secretary shall submit to
the committees referred to in that paragraph a final report
on the pilot program.
(B) The report on the pilot program under this para-
graph shall include the following:
(i) An assessment of the feasibility and practica-
bility of providing assisted living services for veterans
and their spouses.
(ii) A financial assessment of the pilot program,
including a management analysis, cost-benefit anal-
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ysis, Department cash-flow analysis, and strategic
outlook assessment.
(iii) Recommendations, if any, regarding an ex-
tension of the pilot program, including recommenda-
tions regarding the desirability of authorizing or re-
quiring the Secretary to seek reimbursement for the
costs of the Secretary in providing assisted living
services in order to reduce demand for higher-cost
nursing home care under the pilot program.
(iv) Any other information or recommendations
that the Secretary considers appropriate regarding
the pilot program.
(e) DURATION.—(1) The Secretary shall commence
carrying out the pilot program required by this section not
later than 90 days after the date of the enactment of this
Act.
(2) The authority of the Secretary to provide services
under the pilot program shall cease on the date that is three
years after the date of the commencement of the pilot pro-
gram under paragraph (1).
(f) DEFINITIONS.—In this section:
(1) ELIGIBLE VETERAN.—The term ‘‘eligible vet-
eran’’ means the following:
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(A) Any veteran eligible to receive hospital
care 
and 
medical 
services 
under 
section
1710(a)(1) of title 38, United States Code.
(B) Any veteran (other than a veteran de-
scribed in subparagraph (A)) if the veteran is
enrolled in the system of annual patient enroll-
ment under section 1705 of title 38, United
States Code.
(2) ASSISTED LIVING SERVICES.—The term ‘‘as-
sisted living services’’ means services which provide
personal care, activities, health-related care, super-
vision, and other assistance on a 24-hour basis within
a residential or similar setting which—
(A) maximizes flexibility in the provision of
such care, activities, supervision, and assistance;
(B) maximizes the autonomy, privacy, and
independence of an individual; and
(C) encourages family and community in-
volvement with the individual.
Subtitle B—Management of Medical
Facilities and Property
SEC. 111. ENHANCED-USE LEASE AUTHORITY.
(a) MAXIMUM TERM OF LEASES.—Section 8162(b)(2)
is amended by striking ‘‘may not exceed—’’ and all that
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follows through the end and inserting ‘‘may not exceed 55
years.’’.
(b) AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES
RELATING TO LEASES.—Section 8162(b)(4) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(2) in subparagraph (A), as so designated—
(A) in the first sentence, by striking ‘‘only’’;
and
(B) by striking the second sentence; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) Any payment by the Secretary in contribution
to capital activities on property that has been leased under
this subchapter may be made from amounts appropriated
to the Department for construction, minor projects.’’.
(c) EXTENSION
OF AUTHORITY.—Section 8169 is
amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2011’’.
(d) TRAINING AND OUTREACH REGARDING AUTHOR-
ITY.—The Secretary of Veterans Affairs shall take appro-
priate actions to provide training and outreach to personnel
at Department of Veterans Affairs medical centers regard-
ing the enhanced-use lease authority under subchapter V of
chapter 81 of title 38, United States Code. The training
and outreach shall address methods of approaching poten-
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tial lessees in the medical or commercial sectors regarding
the possibility of entering into leases under that authority
and other appropriate matters.
(e) INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR
USE OF AUTHORITY.—(1) The Secretary shall take appro-
priate actions to secure from an appropriate entity inde-
pendent of the Department of Veterans Affairs an analysis
of opportunities for the use of the enhanced-use lease author-
ity under subchapter V of chapter 81 of title 38, United
States Code.
(2) The analysis under paragraph (1) shall include—
(A) a survey of the facilities of the Department
for purposes of identifying Department property that
presents an opportunity for lease under the enhanced-
use lease authority;
(B) an assessment of the feasibility of entering
into enhanced-use leases under that authority in the
case of any property identified under subparagraph
(A) as presenting an opportunity for such lease; and
(C) an assessment of the resources required at the
Department facilities concerned, and at the Depart-
ment Central Office, in order to facilitate the entering
into of enhanced-used leases in the case of property so
identified.
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(3) If as a result of the survey under paragraph (2)(A)
the entity determines that a particular Department prop-
erty presents no opportunities for lease under the enhanced-
use lease authority, the analysis shall include the entity’s
explanation of that determination.
(4) If as a result of the survey the entity determines
that certain Department property presents an opportunity
for lease under the enhanced-use lease authority, the anal-
ysis shall include a single integrated business plan, devel-
oped by the entity, that addresses the strategy and resources
necessary to implement the plan for all property determined
to present an opportunity for such lease.
(f) AUTHORITY FOR ENHANCED-USE LEASE OF PROP-
ERTY UNDER BUSINESS PLAN.—(1) The Secretary may
enter into an enhanced-use lease of any property identified
as presenting an opportunity for such lease under the anal-
ysis under subsection (e) if such lease is consistent with the
business plan under paragraph (4) of that subsection.
(2) The provisions of subchapter V of chapter 81 of
title 38, United States Code, shall apply with respect to
any lease under paragraph (1).
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SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT
BUILDING AT DEPARTMENT OF VETERANS AF-
FAIRS MEDICAL CENTER IN RENO, NEVADA,
AFTER JACK STREETER.
The hospital bed replacement building under construc-
tion at the Ioannis A. Lougaris Department of Veterans Af-
fairs Medical Center in Reno, Nevada, is hereby designated
as the ‘‘Jack Streeter Building’’. Any reference to that
building in any law, regulation, map, document, record,
or other paper of the United States shall be considered to
be a reference to the Jack Streeter Building.
Subtitle C—Other Health Care
Provisions
SEC. 121. EMERGENCY HEALTH CARE IN NON-DEPARTMENT
OF VETERANS AFFAIRS FACILITIES FOR EN-
ROLLED VETERANS.
(a) DEFINITIONS.—Section 1701 is amended—
(1) in paragraph (6)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
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‘‘(C) emergency care, or reimbursement for such
care, as described in sections 1703(a)(3) and
1728(a)(2)(E) of this title.’’; and
(2) by adding at the end the following new para-
graph:
‘‘(10) The term ‘emergency medical condition’
means a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe
pain) such that a prudent layperson, who possesses
an average knowledge of health and medicine, could
reasonably expect the absence of immediate medical
attention to result in—
‘‘(A) placing the health of the individual
(or, with respect to a pregnant woman, the
health of the woman or her unborn child) in seri-
ous jeopardy;
‘‘(B) serious impairment to bodily func-
tions; or
‘‘(C) serious dysfunction of any bodily
organ or part.’’.
(b) CONTRACT CARE.—Section 1703(a)(3) is amended
by striking ‘‘medical emergencies’’ and all that follows
through ‘‘health of a veteran’’ and inserting ‘‘an emergency
medical condition of a veteran who is enrolled under section
1705 of this title or who is’’.
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(c) REIMBURSEMENT OF EXPENSES FOR EMERGENCY
CARE.—Section 1728(a)(2) is amended—
(1) by striking ‘‘or’’ before ‘‘(D)’’; and
(2) by inserting before the semicolon at the end
the following: ‘‘, or (E) for any emergency medical
condition of a veteran enrolled under section 1705 of
this title’’.
(d) PAYMENT PRIORITY.—Section 1705 is amended by
adding at the end the following new subsection:
‘‘(d) The Secretary shall require in a contract under
section 1703(a)(3) of this title, and as a condition of pay-
ment under section 1728(a)(2) of this title, that payment
by the Secretary for treatment under such contract, or
under such section, of a veteran enrolled under this section
shall be made only after any payment that may be made
with respect to such treatment under part A or part B of
the Medicare program and after any payment that may be
made with respect to such treatment by a third-party insur-
ance provider.’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to care or services provided
on or after the date of the enactment of this Act.
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SEC. 122. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH
SERVICES FOR VETERANS.
(a) IN GENERAL.—(1) Subchapter II of chapter 17 is
amended by inserting after section 1712B the following new
section:
‘‘§ 1712C. Specialized mental health services
‘‘(a) The Secretary shall carry out programs for pur-
poses of enhancing the provision of specialized mental
health services to veterans.
‘‘(b) The programs carried out by the Secretary under
subsection (a) shall include the following:
‘‘(1) Programs relating to the treatment of Post
Traumatic Stress Disorder (PTSD), including pro-
grams for—
‘‘(A) the establishment and operation of ad-
ditional outpatient and residential treatment fa-
cilities for Post Traumatic Stress Disorder in
areas that are underserved by existing programs
relating to Post Traumatic Stress Disorder, as
determined by qualified mental health personnel
of the Department who oversee such programs;
‘‘(B) the provision of services in response to
the specific needs of veterans with Post Trau-
matic Stress Disorder and related disorders, in-
cluding short-term or long-term care services that
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combine residential treatment of Post Traumatic
Stress Disorder;
‘‘(C) the provision of Post Traumatic Stress
Disorder or dedicated case management services
on an outpatient basis; and
‘‘(D) the enhancement of staffing of existing
programs relating to Post Traumatic Stress Dis-
order which have exceeded the projected work-
loads for such programs.
‘‘(2) Programs relating to substance use dis-
orders, including programs for—
‘‘(A) the establishment and operation of ad-
ditional Department-based or community-based
residential treatment facilities;
‘‘(B) the expansion of the provision of
opioid treatment services, including the establish-
ment and operation of additional programs for
the provision of opioid treatment services; and
‘‘(C) the reestablishment or enhancement of
substance use disorder services at facilities at
which such services have been eliminated or cur-
tailed, with an emphasis on the reestablishment
or enhancement of services at facilities where de-
mand for such services is high or which serve
large geographic areas.
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‘‘(c)(1) The Secretary shall provide for the allocation
of funds for the programs carried out under this section
in a centralized manner.
‘‘(2) The allocation of funds for such programs shall—
‘‘(A) be based upon an assessment of the need for
funds conducted by qualified mental health personnel
of the Department who oversee such programs; and
‘‘(B) emphasize, to the maximum extent prac-
ticable, the availability of funds for the programs de-
scribed in paragraphs (1) and (2) of subsection (b).’’.
(2) The table of sections at the beginning of chapter
17 is amended by inserting after the item relating to section
1712B the following new item:
‘‘1712C. Specialized mental health services.’’.
(b) REPORT.—(1) Not later than March 1 of each of
2000, 2001, and 2002, the Secretary of Veterans Affairs
shall submit to Congress a report on the programs carried
out by the Secretary under section 1712C of title 38, United
States Code (as added by subsection (a)).
(2) The report shall, for the period beginning on the
date of the enactment of this Act and ending on the date
of the report—
(A) describe the programs carried out under such
section 1712C;
(B) set forth the number of veterans provided
services under such programs; and
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(C) set forth the amounts expended for purposes
of carrying out such programs.
SEC. 123. TREATMENT AND SERVICES FOR DRUG OR ALCO-
HOL DEPENDENCY.
Section 1720A(c) is amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘may not be transferred’’
and inserting ‘‘may be transferred’’; and
(B) by striking ‘‘unless such transfer is dur-
ing the last thirty days of such member’s enlist-
ment or tour of duty’’; and
(2) in the first sentence of paragraph (2), by
striking ‘‘during the last thirty days of such person’s
enlistment period or tour of duty’’.
SEC. 124. ALLOCATION TO DEPARTMENT OF VETERANS AF-
FAIRS 
HEALTH 
CARE 
FACILITIES 
OF
AMOUNTS IN MEDICAL CARE COLLECTIONS
FUND.
Section 1729A(d) is amended—
(1) by striking ‘‘(1)’’;
(2) by striking ‘‘each designated health care re-
gion’’ and inserting ‘‘each Department health care fa-
cility’’;
(3) by striking ‘‘each region’’ and inserting
‘‘each facility’’;
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(4) by striking ‘‘such region’’ both places it ap-
pears and inserting ‘‘such facility’’; and
(4) by striking paragraph (2).
SEC. 125. EXTENSION OF CERTAIN PERSIAN GULF WAR AU-
THORITIES.
(a) THREE-YEAR EXTENSION
OF NEWSLETTER
ON
MEDICAL CARE.—Section 105(b)(2) of the Persian Gulf
War Veterans’ Benefits Act (title I of Public Law 103–446;
108 Stat. 4659; 38 U.S.C. 1117 note) is amended by strik-
ing ‘‘December 31, 1999’’ and inserting ‘‘December 31,
2002’’.
(b) THREE-YEAR EXTENSION OF PROGRAM FOR EVAL-
UATION OF HEALTH OF SPOUSES AND CHILDREN.—Section
107(b) of Persian Gulf War Veterans’ Benefits Act (title I
of Public Law 103–446; 38 U.S.C. 1117 note) is amended
by striking ‘‘December 31, 1999’’ and inserting ‘‘December
31, 2002’’.
SEC. 126. REPORT ON COORDINATION OF PROCUREMENT
OF PHARMACEUTICALS AND MEDICAL SUP-
PLIES BY THE DEPARTMENT OF VETERANS
AFFAIRS AND THE DEPARTMENT OF DE-
FENSE.
(a) REQUIREMENT.—Not later than March 31, 2000,
the Secretary of Veterans Affairs and the Secretary of De-
fense shall jointly submit to the Committees on Veterans’
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Affairs and Armed Services of the Senate and the Commit-
tees on Veterans’ Affairs and Armed Services of the House
of Representatives a report on the cooperation between the
Department of Veterans Affairs and the Department of De-
fense in the procurement of pharmaceuticals and medical
supplies.
(b) REPORT ELEMENTS.—The report under subsection
(a) shall include the following:
(1) A description of the current cooperation be-
tween the Department of Veterans Affairs and the De-
partment of Defense in the procurement of pharma-
ceuticals and medical supplies.
(2) An assessment of the means by which co-
operation between the departments in such procure-
ment could be enhanced or improved.
(3) A description of any existing memoranda of
agreement between the Department of Veterans Affairs
and the Department of Defense that provide for the
cooperation referred to in subsection (a).
(4) A description of the effects, if any, such
agreements will have on current staffing levels at the
Defense Supply Center in Philadelphia, Pennsyl-
vania, and the Department of Veterans Affairs Na-
tional Acquisition Center in Hines, Illinois.
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(5) A description of the effects, if any, of such co-
operation on military readiness.
(6) A comprehensive assessment of cost savings
realized and projected over the five fiscal year period
beginning in fiscal year 1999 for the Department of
Veterans Affairs and the Department of Defense as a
result of such cooperation, and the overall savings to
the Treasury of the United States as a result of such
cooperation.
(7) A list of the types of medical supplies and
pharmaceuticals for which cooperative agreements
would not be appropriate and the reason or reasons
therefor.
(8) An assessment of the extent to which coopera-
tive agreements could be expanded to include medical
equipment, major systems, and durable goods used in
the delivery of health care by the Department of Vet-
erans Affairs and the Department of Defense.
(9) A description of the effects such agreements
might have on distribution of items purchased coop-
eratively by the Department of Veterans Affairs and
the Department of Defense, particularly outside the
continental United States.
(10) An assessment of the potential to establish
common pharmaceutical formularies between the De-
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partment of Veterans Affairs and the Department of
Defense.
(11) An explanation of the current Uniform
Product Number (UPN) requirements of each Depart-
ment and of any planned standardization of such re-
quirements between the Departments for medical
equipment and durable goods manufacturers.
SEC. 127. REIMBURSEMENT OF MEDICAL EXPENSES OF VET-
ERANS LOCATED IN ALASKA.
(a) PRESERVATION
OF CURRENT REIMBURSEMENT
RATES.—Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall, for purposes of reim-
bursing veterans in Alaska for medical expenses under sec-
tion 1728 of title 38, United States Code, during the one-
year period beginning on the date of the enactment of this
Act, use the fee-for-service payment schedule in effect for
such purposes on July 31, 1999, rather than the Partici-
pating Physician Fee Schedule under the Medicare pro-
gram.
(b) REPORT.—(1) Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs and the Secretary of Health and Human Services
shall jointly submit to the Committees on Veterans’ Affairs
of the Senate and the House of Representatives a report and
recommendation on the use of the Participating Physician
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Fee Schedule under the Medicare program as a means of
calculating reimbursement rates for medical expenses of vet-
erans located in Alaska under section 1728 of title 38,
United States Code.
(2) The report shall—
(A) assess the differences between health care
costs in Alaska and health care costs in the conti-
nental United States;
(B) describe any differences between the costs of
providing health care in Alaska and the reimburse-
ment rates for the provision of health care under the
Participating Physician Fee Schedule; and
(C) assess the effects on health care for veterans
in Alaska of implementing the Participating Physi-
cian Fee Schedule as a means of calculating reim-
bursement rates for medical expenses of veterans lo-
cated in Alaska under section 1728 of title 38, United
States Code.
SEC. 128. REPEAL OF FOUR-YEAR LIMITATION ON TERMS OF
UNDER SECRETARY FOR HEALTH AND UNDER
SECRETARY FOR BENEFITS.
(a) UNDER SECRETARY FOR HEALTH.—Section 305 is
amended—
(1) by striking subsection (c); and
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(2) by redesignating subsection (d) as subsection
(c).
(b) UNDER SECRETARY FOR BENEFITS.—Section 306
is amended—
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) shall take effect on the date of the enact-
ment of this Act and shall apply with respect to individuals
appointed as Under Secretary for Health and Under Sec-
retary for Benefits, respectively, on or after that date.
Subtitle D—Major Medical Facility
Projects Construction Authoriza-
tions
SEC. 131. AUTHORIZATION OF MAJOR MEDICAL FACILITY
PROJECTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
may carry out the following major medical facility projects,
with each project to be carried out in the amount specified
for that project:
(1) Construction of a long term care facility at
the Department of Veterans Affairs Medical Center,
Lebanon, Pennsylvania, in an amount not to exceed
$14,500,000.
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(2) Renovations and environmental improve-
ments at the Department of Veterans Affairs Medical
Center, Fargo, North Dakota, in an amount not to ex-
ceed $12,000,000.
(3) Construction of a surgical suite and post-an-
esthesia care unit at the Department of Veterans Af-
fairs Medical Center, Kansas City, Missouri, in an
amount not to exceed $13,000,000.
(4) Renovations and environmental improve-
ments at the Department of Veterans Affairs Medical
Center, Atlanta, Georgia, in an amount not to exceed
$12,400,000.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary of Veterans Affairs for fis-
cal year 2000 for the Construction, Major Projects,
Account $225,500,000 for the projects authorized in
subsection (a) and for the continuation of projects au-
thorized in section 701(a) of the Veterans Programs
Enhancement Act of 1998 (Public Law 105–368; 112
Stat. 3348).
(2) 
LIMITATION
ON
FISCAL
YEAR
2000
PROJECTS.—The projects authorized in subsection (a)
may only be carried out using—
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(A) funds appropriated for fiscal year 2000
pursuant to the authorizations of appropriations
in subsection (a);
(B) funds appropriated for Construction,
Major Projects, for a fiscal year before fiscal year
2000 that remain available for obligation; and
(C) funds appropriated for Construction,
Major Projects, for fiscal year 2000 for a cat-
egory of activity not specific to a project.
(c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1999
PROJECTS.—Section 703(b)(1) of the Veterans Programs
Enhancement Act of 1998 (112 Stat. 3349) is amended—
(1) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B):
‘‘(B) funds appropriated for fiscal year 2000
pursuant to the authorization of appropriations in
section 341(b)(1) of the Veterans Benefits Act of
1999;’’.
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TITLE II—BENEFITS MATTERS
Subtitle A—Homeless Veterans
SEC. 201. EXTENSION OF PROGRAM OF HOUSING ASSIST-
ANCE FOR HOMELESS VETERANS.
Section 3735(c) is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2001’’.
SEC. 202. HOMELESS VETERANS COMPREHENSIVE SERVICE
PROGRAMS.
(a) PURPOSES OF GRANTS.—Paragraph (1) of section
3(a) of the Homeless Veterans Comprehensive Service Pro-
grams Act of 1992 (38 U.S.C. 7721 note) is amended by
inserting ‘‘, and expanding existing programs for fur-
nishing,’’ after ‘‘new programs to furnish’’.
(b) EXTENSION OF AUTHORITY TO MAKE GRANTS.—
Paragraph (2) of that section is amended by striking ‘‘Sep-
tember 30, 1999’’ and inserting ‘‘September 30, 2001’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 12
of that Act (38 U.S.C. 7721 note) is amended in the first
sentence by inserting ‘‘and $50,000,000 for each of fiscal
years 2000 and 2001’’ after ‘‘for fiscal years 1993 through
1997’’.
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SEC. 203. AUTHORIZATIONS OF APPROPRIATIONS FOR
HOMELESS 
VETERANS’ 
REINTEGRATION
PROJECTS.
Section 738(e)(1) of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11448(e)(1) is amended by
adding at the end the following:
‘‘(H) $10,000,000 for fiscal year 2000.
‘‘(I) $10,000,000 for fiscal year 2001.’’.
SEC. 204. REPORT ON IMPLEMENTATION OF GENERAL AC-
COUNTING OFFICE RECOMMENDATIONS RE-
GARDING PERFORMANCE MEASURES.
(a) REPORT.—Not later than three months after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Affairs
of the Senate and the House of Representatives a report con-
taining a detailed plan for the evaluation by the Depart-
ment of Veterans Affairs of the effectiveness of programs to
assist homeless veterans.
(b) OUTCOME MEASURES.—The plan shall include
outcome measures which determine whether veterans are
housed and employed within six months after housing and
employment are secured for veterans under such programs.
Subtitle B—Other Matters
SEC. 211. PAYMENT RATE OF CERTAIN BURIAL BENEFITS
FOR CERTAIN FILIPINO VETERANS.
(a) PAYMENT RATE.—Section 107 is amended—
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(1) in subsection (a), by striking ‘‘Payments’’
and inserting ‘‘Subject to subsection (c), payments’’;
and
(2) by adding at the end the following:
‘‘(c)(1) In the case of an individual described in para-
graph (2), payments under section 2302 or 2303 of this title
by reason of subsection (a)(3) shall be made at the rate of
$1 for each dollar authorized.
‘‘(2) Paragraph (1) applies to any individual whose
service is described in subsection (a) and who dies after the
date of the enactment of the Veterans Benefits Act of 1999
if the individual, on the individual’s date of death—
‘‘(A) is a citizen of the United States;
‘‘(B) is residing in the United States; and
‘‘(C) either—
‘‘(i) is receiving compensation under chap-
ter 11 of this title; or
‘‘(ii) if such service had been deemed to be
active military, naval, or air service, would have
been paid pension under section 1521 of this title
without denial or discontinuance by reason of
section 1522 of this title.’’.
(b) APPLICABILITY.—No benefits shall accrue to any
person for any period before the date of the enactment of
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this Act by reason of the amendments made by subsection
(a).
SEC. 212. EXTENSION OF AUTHORITY TO MAINTAIN A RE-
GIONAL OFFICE IN THE REPUBLIC OF THE
PHILIPPINES.
Section 315(b) is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2004’’.
SEC. 213. EXTENSION OF ADVISORY COMMITTEE ON MINOR-
ITY VETERANS.
Section 544(e) is amended by striking ‘‘December 31,
1999’’ and inserting ‘‘December 31, 2004’’.
SEC. 214. 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 para-
graph:
‘‘(3) the veteran was a former prisoner of war
who died after September 30, 1999, and whose dis-
ability was continuously rated totally disabling for a
period of one year immediately preceding death.’’.
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(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in paragraph (1)—
(A) by inserting ‘‘the disability’’ after
‘‘(1)’’; and
(B) by striking ‘‘or’’ after ‘‘death;’’; and
(2) in paragraph (2)—
(A) by striking ‘‘if so rated for a lesser 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. 215. REPEAL OF LIMITATION ON PAYMENTS OF BENE-
FITS TO INCOMPETENT INSTITUTIONALIZED
VETERANS.
Section 5503 is amended—
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f)
as subsections (b), (c), and (d), respectively.
SEC. 216. CLARIFICATION OF VETERANS EMPLOYMENT OP-
PORTUNITIES.
(a) CLARIFICATION.—Section 3304(f) of title 5, United
States Code, is amended—
(1) by striking paragraph (4);
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(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) If selected, a preference eligible or veteran de-
scribed in paragraph (1) shall acquire competitive status
and shall receive a career or career-conditional appoint-
ment, as appropriate.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the amendment
made to section 3304 of title 5, United States Code, by sec-
tion 2 of the Veterans Employment Opportunities Act of
1998 (Public Law 105–339; 112 Stat. 3182), to which such
amendments relate.
TITLE III—EDUCATION MATTERS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘All-Volunteer Force
Educational Assistance Programs Improvements Act of
1999’’.
SEC. 302. AVAILABILITY OF MONTGOMERY GI BILL BENE-
FITS FOR PREPARATORY COURSES FOR COL-
LEGE AND GRADUATE SCHOOL ENTRANCE
EXAMS.
Section 3002(3) is amended—
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(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B):
‘‘(B) includes—
‘‘(i) a preparatory course for a test that is
required or utilized for admission to an institu-
tion of higher education; and
‘‘(ii) a preparatory course for a test that is
required or utilized for admission to a graduate
school; and’’.
SEC. 303. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY
EDUCATIONAL ASSISTANCE.
(a) INCREASE IN BASIC BENEFIT.—Section 3015 is
amended—
(1) in subsection (a)(1), by striking ‘‘$528’’ and
inserting ‘‘$600’’; and
(2) in subsection (b)(1), by striking ‘‘$429’’ and
inserting ‘‘$488’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 1999, and shall
apply with respect to educational assistance allowances
paid for months after September 1999. However, no adjust-
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ment in rates of educational assistance shall be made under
section 3015(g) of title 38, United States Code, for fiscal
year 2000.
SEC. 304. INCREASE IN RATES OF SURVIVORS AND DEPEND-
ENTS EDUCATIONAL ASSISTANCE.
(a) SURVIVORS AND DEPENDENTS EDUCATIONAL AS-
SISTANCE.—Section 3532 is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$485’’ and inserting
‘‘$550’’;
(B) by striking ‘‘$365’’ and inserting
‘‘$414’’; and
(C) by striking ‘‘$242’’ and inserting
‘‘$274’’;
(2) in subsection (a)(2), by striking ‘‘$485’’ and
inserting ‘‘$550’’;
(3) in subsection (b), by striking ‘‘$485’’ and in-
serting ‘‘$550’’; and
(4) in subsection (c)(2)—
(A) by striking ‘‘$392’’ and inserting
‘‘$445’’;
(B) by striking ‘‘$294’’ and inserting
‘‘$333’’; and
(C) by striking ‘‘$196’’ and inserting
‘‘$222’’.
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(A) by redesignating subsection (i) as subsection
(j); and
(B) by inserting after subsection (h) the fol-
lowing new subsection (i):
‘‘(i)(1) Any individual eligible for educational assist-
ance under this section who does not make an election under
subsection (c)(1) may contribute amounts for purposes of
receiving an increased amount of basic educational assist-
ance as provided for under section 3015(g) of this title.
Such contributions shall be in addition to any reductions
in the basic pay of such individual under subsection (b).
‘‘(2) An individual covered by paragraph (1) may
make the contributions authorized by that paragraph at
any time while on active duty.
‘‘(3) The total amount of the contributions made by
an individual under paragraph (1) may not exceed $600.
Such contributions shall be made in multiples of $4.
‘‘(4) Contributions under this subsection shall be made
to the Secretary. The Secretary shall deposit any amounts
received by the Secretary as contributions under this sub-
section into the Treasury as miscellaneous receipts.’’.
(2) Section 3012 is amended—
(A) by redesignating subsection (g) as subsection
(h); and
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(B) by inserting after subsection (f) the following
new subsection (g):
‘‘(g)(1) Any individual eligible for educational assist-
ance under this section who does not make an election under
subsection (d)(1) may contribute amounts for purposes of
receiving an increased amount of basic educational assist-
ance as provided for under section 3015(g) of this title.
Such contributions shall be in addition to any reductions
in the basic pay of such individual under subsection (c).
‘‘(2) An individual covered by paragraph (1) may
make the contributions authorized by that paragraph at
any time while on active duty.
‘‘(3) The total amount of the contributions made by
an individual under paragraph (1) may not exceed $600.
Such contributions shall be made in multiples of $4.
‘‘(4) Contributions under this subsection shall be made
to the Secretary. The Secretary shall deposit any amounts
received by the Secretary as contributions under this sub-
section into the Treasury as miscellaneous receipts.’’.
(b) INCREASED ASSISTANCE AMOUNT.—Section 3015,
as amended by section 303 of this Act, is further amended—
(1) by striking ‘‘subsection (g)’’ each place it ap-
pears in subsections (a)(1) and (b)(1) and inserting
‘‘subsection (h)’’;
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(2) by redesignating subsection (g) as subsection
(h); and
(3) by inserting after subsection (f) the following
new subsection (g):
‘‘(g) In the case of an individual who has made con-
tributions authorized by section 3011(i) or 3012(g) of this
title, the monthly amount of basic educational assistance
allowance applicable to such individual under subsection
(a), (b), or (c) shall be the monthly rate otherwise provided
for under the applicable subsection increased by—
‘‘(1) an amount equal to $1 for each $4 contrib-
uted by such individual under section 3011(i) or
3012(g), as the case may be, for an approved program
of education pursued on a full-time basis; or
‘‘(2) an appropriately reduced amount based on
the amount so contributed, as determined under regu-
lations which the Secretary shall prescribe, for an ap-
proved program of education pursued on less than a
full-time basis.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on January 1, 2000.
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SEC. 306. CONTINUING ELIGIBILITY FOR EDUCATIONAL AS-
SISTANCE OF MEMBERS OF THE ARMED
FORCES 
ATTENDING 
OFFICER 
TRAINING
SCHOOL.
Section 3011(a)(1) is amended—
(1) in subparagraph (A)(ii)—
(A) by striking ‘‘or (III)’’ and inserting
‘‘(III)’’; and
(B) by inserting before the semicolon at the
end the following: ‘‘or (IV) for immediate reen-
listment to accept a commission as an officer
and subsequently completes the resulting obli-
gated period of active duty service as a commis-
sioned officer’’; and
(2) in subparagraph (B)(ii)—
(A) by striking ‘‘, or (III)’’ and inserting ‘‘;
(III)’’; and
(B) by inserting before the semicolon at the
end the following: ‘‘or (IV) for immediate reen-
listment to accept a commission as an officer
and subsequently completes the resulting obli-
gated period of active duty service as a commis-
sioned officer’’.
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SEC. 307. ELIGIBILITY OF MEMBERS OF THE ARMED
FORCES TO WITHDRAW ELECTIONS NOT TO
RECEIVE MONTGOMERY GI BILL BASIC EDU-
CATIONAL ASSISTANCE.
(a) MEMBERS ON ACTIVE DUTY.—Section 3011(c) is
amended by adding at the end the following:
‘‘(4)(A) An individual who makes an election under
paragraph (1) may withdraw the election at any time be-
fore the discharge or release of the individual from active
duty in the Armed Forces. An individual who withdraws
such an election may become entitled to basic educational
assistance under this chapter.
‘‘(B) The withdrawal of an election under this para-
graph shall be made in accordance with regulations pre-
scribed by the Secretary of Defense or by the Secretary of
Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy.
‘‘(C)(i) In the case of an individual who withdraws
an election under this paragraph—
‘‘(I) the basic pay of the individual shall be re-
duced by $100 for each month after the month in
which the election is made until the total amount of
such reductions equals $1,500; or
‘‘(II) to the extent that basic pay is not so re-
duced before the individual’s discharge or release from
active duty in the Armed Forces, the Secretary, before
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authorizing the payment of educational assistance
under this chapter, shall ensure that an amount equal
to the difference between $1,500 and the total amount
of reductions under subclause (I) was paid before the
discharge or release of the individual from active duty
in the Armed Forces.
‘‘(ii) An individual described in clause (i) may pay
the Secretary at any time before discharge or release from
active duty in the Armed Forces an amount equal to the
total amount of the reduction in basic pay otherwise re-
quired with respect to the individual under that clause
minus the total amount of reductions of basic pay of the
individual under that clause at the time of the payment
under this clause.
‘‘(iii) The second sentence of subsection (b) shall apply
to any reductions in basic pay under clause (i)(I).
‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall
be deposited into the Treasury as miscellaneous receipts.
‘‘(D) The withdrawal of an election under this para-
graph is irrevocable.’’.
(b) MEMBERS
OF
SELECTED
RESERVE.—Section
3012(d) is amended by adding at the end the following:
‘‘(4)(A) An individual who makes an election under
paragraph (1) may withdraw the election at any time be-
fore the discharge or release of the individual from the
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Armed Forces. An individual who withdraws such an elec-
tion may become entitled to basic educational assistance
under this chapter.
‘‘(B) The withdrawal of an election under this para-
graph shall be made in accordance with regulations pre-
scribed by the Secretary of Defense or by the Secretary of
Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy.
‘‘(C)(i) In the case of an individual who withdraws
an election under this paragraph—
‘‘(I) the basic pay or compensation of the indi-
vidual shall be reduced by $100 for each month after
the month in which the election is made until the
total amount of such reductions equals $1,500; or
‘‘(II) to the extent that basic pay or compensa-
tion is not so reduced before the individual’s discharge
or release from the Armed Forces, the Secretary, be-
fore authorizing the payment of educational assist-
ance under this chapter, shall ensure that an amount
equal to the difference between $1,500 and the total
amount of reductions under subclause (I) was paid
before the discharge or release of the individual from
the Armed Forces.
‘‘(ii) An individual described in clause (i) may pay
the Secretary at any time before discharge or release from
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the Armed Forces an amount equal to the total amount of
the reduction in basic pay or compensation otherwise re-
quired with respect to the individual under that clause
minus the total amount of reductions of basic pay or com-
pensation of the individual under that clause at the time
of the payment under this clause.
‘‘(iii) The second sentence of subsection (c) shall apply
to any reductions in basic pay or compensation under
clause (i)(I).
‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall
be deposited into the Treasury as miscellaneous receipts.
‘‘(D) The withdrawal of an election under this para-
graph is irrevocable.’’.
SEC. 
308. 
ACCELERATED 
PAYMENTS 
OF 
BASIC 
EDU-
CATIONAL ASSISTANCE.
Section 3014 is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b)(1) The Secretary may make payments of basic
educational assistance under this subchapter on an acceler-
ated basis.
‘‘(2) The Secretary may pay basic educational assist-
ance on an accelerated basis under this subsection only to
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an individual entitled to payment of such assistance under
this subchapter who has made a request for payment of such
assistance on an accelerated basis.
‘‘(3) In the event an adjustment under section 3015(g)
of this title in the monthly rate of basic educational assist-
ance will occur during a period for which a payment of
such assistance is made on an accelerated basis under this
subsection, the Secretary shall pay on an accelerated basis
the amount of such assistance otherwise payable under this
subchapter for the period without regard to the adjustment
under that section.
‘‘(4) For each accelerated payment made to an indi-
vidual, the individual’s entitlement under this subchapter
shall be charged as if the individual had received a monthly
educational assistance allowance for the period of edu-
cational pursuit covered by the accelerated payment.
‘‘(5) Basic educational assistance shall be paid on an
accelerated basis under this subsection as follows:
‘‘(A) In the case of assistance for a course lead-
ing to a standard college degree, at the beginning of
the quarter, semester, or term of the course in a lump-
sum amount equivalent to the aggregate amount of
monthly assistance otherwise payable under this sub-
chapter for the quarter, semester, or term, as the case
may be, of the course.
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‘‘(B) In the case of assistance for a course other
than a course referred to in subparagraph (A)—
‘‘(i) at the later of (I) the beginning of the
course, or (II) a reasonable time after the request
for payment by the individual concerned; and
‘‘(ii) in any amount requested by the indi-
vidual concerned within the limit, if any, speci-
fied in the regulations prescribed by the Sec-
retary under paragraph (6), with such limit not
to exceed the aggregate amount of monthly assist-
ance otherwise payable under this subchapter for
the period of the course.
‘‘(6) The Secretary shall prescribe regulations for pur-
poses of making payments of basic educational assistance
on an accelerated basis under this subsection. Such regula-
tions shall include requirements relating to the request for,
making and delivery of, and receipt and use of such pay-
ments and may include a limit on the amount payable for
a course under paragraph (5)(B)(ii).’’.
SEC. 309. VETERANS EDUCATION AND VOCATIONAL TRAIN-
ING BENEFITS PROVIDED BY THE STATES.
(a) ANNUAL REPORT.—(1) Not later than six months
after the date of the enactment of this Act, and January
31 of each year thereafter, the Secretary of Veterans Affairs
shall, in consultation with the Secretary of Education, the
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Secretary of Defense, and the Secretary of Labor, submit
to the Committees on Veterans’ Affairs of the Senate and
the House of Representatives a report on veterans education
and vocational training benefits provided by the States.
(2) A report under paragraph (1) shall include, for
the one-year period ending on the date of the report, the
following:
(A) A description of the assistance in securing
post-secondary education and vocational training
provided veterans by each State.
(B) A list of the States which provide veterans
full or partial waivers of tuition for attending insti-
tutions of higher education that are State-supported.
(C) A description of the actions taken by the De-
partment of Veterans Affairs, Department of Defense,
Department of Education, and Department of Labor
to encourage the States to provide benefits designed to
assist veterans in securing post-secondary education
and vocational training.
(b) SENSE OF CONGRESS REGARDING STATE VET-
ERANS EDUCATION
AND VOCATIONAL TRAINING BENE-
FITS.—(1) Congress makes the following findings:
(A) The peace and prosperity of the citizens of
the States are ensured by the voluntary service of men
and women in the Armed Forces.
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(B) Veterans benefit from the military training
and discipline and the success-oriented attitude that
are inculcated by service in the Armed Forces.
(C) It is in the social and economic interests of
the States to take advantage of the positive personal
attributes of veterans which are nurtured through
service in the Armed Forces.
(D) A post-secondary education provides vet-
erans the means to maximize their contribution to the
society and economy of the States.
(E) Some States have recognized that it is in
their interest to provide veterans post-secondary edu-
cation on a tuition-free basis.
(2) It is the sense of Congress that each of the States
should admit qualified veterans to publicly-supported insti-
tutions of higher education on a tuition-free basis.
(c) STATE DEFINED.—In this section, the term ‘‘State’’
has the meaning given that term in section 101(20) of title
38, United States Code.
TITLE IV—MEMORIAL AFFAIRS
Subtitle A—Arlington National
Cemetery
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ‘‘Arlington National
Cemetery Burial and Inurnment Eligibility Act of 1999’’.
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SEC. 402. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON
NATIONAL CEMETERY.
(a) IN GENERAL.—(1) Chapter 24 is amended by add-
ing at the end the following new section:
‘‘§ 2412. Arlington National Cemetery: persons eligible
for burial
‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol-
lowing individuals may be buried in Arlington National
Cemetery:
‘‘(1) Any member of the Armed Forces who dies
while on active duty.
‘‘(2) Any retired member of the Armed Forces
and any person who served on active duty and at the
time of death was entitled (or but for age would have
been entitled) to retired pay under chapter 1223 of
title 10.
‘‘(3) Any former member of the Armed Forces
separated for physical disability before October 1,
1949, who—
‘‘(A) served on active duty; and
‘‘(B) would have been eligible for retirement
under the provisions of section 1201 of title 10
(relating to retirement for disability) had that
section been in effect on the date of separation of
the member.
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‘‘(4) Any former member of the Armed Forces
whose last active duty military service terminated
honorably and who has been awarded one of the fol-
lowing decorations:
‘‘(A) Medal of Honor.
‘‘(B) Distinguished Service Cross, Air Force
Cross, or Navy Cross.
‘‘(C) Distinguished Service Medal.
‘‘(D) Silver Star.
‘‘(E) Purple Heart.
‘‘(5) Any former prisoner of war who dies on or
after November 30, 1993.
‘‘(6) The President or any former President.
‘‘(7) Any former member of the Armed Forces
whose last discharge or separation from active duty
was under honorable conditions and who is or was
one of the following:
‘‘(A) Vice President.
‘‘(B) Member of Congress.
‘‘(C) Chief Justice or Associate Justice of
the Supreme Court.
‘‘(D) The head of an Executive department
(as such departments are listed in section 101 of
title 5).
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‘‘(E) An individual who served in the for-
eign or national security services, if such indi-
vidual died as a result of a hostile action outside
the United States in the course of such service.
‘‘(8) Any individual whose eligibility is author-
ized in accordance with subsection (b).
‘‘(b) ADDITIONAL AUTHORIZATIONS OF BURIAL.—(1)
In the case of a former member of the Armed Forces not
otherwise covered by subsection (a) whose last discharge or
separation from active duty was under honorable condi-
tions, if the Secretary of Defense makes a determination re-
ferred to in paragraph (3) with respect to such member,
the Secretary of Defense may authorize the burial of the
remains of such former member in Arlington National Cem-
etery under subsection (a)(8).
‘‘(2) In the case of any individual not otherwise cov-
ered by subsection (a) or paragraph (1), if the President
makes a determination referred to in paragraph (3) with
respect to such individual, the President may authorize the
burial of the remains of such individual in Arlington Na-
tional Cemetery under subsection (a)(8).
‘‘(3) A determination referred to in paragraph (1) or
(2) is a determination that the acts, service, or other con-
tributions to the Nation of the former member or individual
concerned are of equal or similar merit to the acts, service,
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or other contributions to the Nation of any of the persons
listed in subsection (a).
‘‘(4)(A) In the case of an authorization for burial
under this subsection, the President or the Secretary of De-
fense, as the case may be, shall submit to the Committees
on Veterans’ Affairs of the Senate and the House of Rep-
resentatives a report on the authorization not later than
72 hours after the authorization.
‘‘(B) Each report under subparagraph (A) shall—
‘‘(i) identify the individual authorized for bur-
ial; and
‘‘(ii) provide a justification for the authorization
for burial.
‘‘(5)(A) In the case of an authorization for burial
under this subsection, the President or the Secretary of De-
fense, as the case may be, shall publish in the Federal Reg-
ister a notice of the authorization as soon as practicable
after the authorization.
‘‘(B) Each notice under subparagraph (A) shall—
‘‘(i) identify the individual authorized for bur-
ial; and
‘‘(ii) provide a justification for the authorization
for burial.
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‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The remains
of the following individuals may be buried in Arlington Na-
tional Cemetery:
‘‘(1)(A) Except as provided in subparagraph
(B), the spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult
child of a person listed in subsection (a), but only if
buried in the same gravesite as that person.
‘‘(B) In a case under subparagraph (A) in which
the same gravesite may not be used due to insufficient
space, a person otherwise eligible under that subpara-
graph may be interred in a gravesite adjoining the
gravesite of the person listed in subsection (a) if space
in such adjoining gravesite had been reserved for the
burial of such person otherwise eligible under that
subparagraph before January 1962.
‘‘(2)(A) The spouse, minor child, and, at the dis-
cretion of the Superintendent, unmarried adult child
of a member of the Armed Forces on active duty if
such spouse, minor child, or unmarried adult child
dies while such member is on active duty.
‘‘(B) The individual whose spouse, minor child,
and unmarried adult child is eligible under subpara-
graph (A), but only if buried in the same gravesite
as the spouse, minor child, or unmarried adult child.
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‘‘(3) The parents of a minor child or unmarried
adult child whose remains, based on the eligibility of
a parent, are already buried in Arlington National
Cemetery, but only if buried in the same gravesite as
that minor child or unmarried adult child.
‘‘(4)(A) Subject to subparagraph (B), the sur-
viving spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a mem-
ber of the Armed Forces who was lost, buried at sea,
or officially determined to be permanently absent in
a status of missing or missing in action.
‘‘(B) A person is not eligible under subpara-
graph (A) if a memorial to honor the memory of the
member is placed in a cemetery in the national ceme-
tery system, unless the memorial is removed. A memo-
rial removed under this subparagraph may be placed,
at the discretion of the Superintendent, in Arlington
National Cemetery.
‘‘(5) The surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult
child of a member of the Armed Forces buried in a
cemetery under the jurisdiction of the American Bat-
tle Monuments Commission.
‘‘(d) SPOUSES.—For purposes of subsection (c)(1), a
surviving spouse of a person whose remains are buried in
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Arlington National Cemetery by reason of eligibility under
subsection (a) who has remarried is eligible for burial in
the same gravesite of that person. The spouse of the sur-
viving spouse is not eligible for burial in such gravesite.
‘‘(e) DISABLED ADULT UNMARRIED CHILDREN.—In
the case of an unmarried adult child who is incapable of
self-support up to the time of death because of a physical
or mental condition, the child may be buried under sub-
section (c) without requirement for approval by the Super-
intendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligi-
ble for burial under subsection (a), has been or will be bur-
ied.
‘‘(f) FAMILY MEMBERS OF PERSONS BURIED IN A
GROUP GRAVESITE.—In the case of a person eligible for
burial under subsection (a) who is buried in Arlington Na-
tional Cemetery as part of a group burial, the surviving
spouse, minor child, or unmarried adult child of the mem-
ber may not be buried in the group gravesite.
‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ARLING-
TON NATIONAL CEMETERY.—Eligibility for burial of re-
mains in Arlington National Cemetery prescribed under
this section is the exclusive eligibility for such burial.
‘‘(h) APPLICATION FOR BURIAL.—A request for burial
of remains of an individual in Arlington National Ceme-
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tery made before the death of the individual may not be
considered by the Secretary of the Army, the Secretary of
Defense, or any other responsible official.
‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) The
Secretary of the Army shall maintain a register of each in-
dividual buried in Arlington National Cemetery and shall
make such register available to the public.
‘‘(2) With respect to each such individual buried on
or after January 1, 1998, the register shall include a brief
description of the basis of eligibility of the individual for
burial in Arlington National Cemetery.
‘‘(j) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘retired member of the Armed
Forces’ means—
‘‘(A) any member of the Armed Forces on a
retired list who served on active duty and who
is entitled to retired pay;
‘‘(B) any member of the Fleet Reserve or
Fleet Marine Corps Reserve who served on active
duty and who is entitled to retainer pay; and
‘‘(C) any member of a reserve component of
the Armed Forces who has served on active duty
and who has received notice from the Secretary
concerned under section 12731(d) of title 10 of
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eligibility for retired pay under chapter 1223 of
title 10.
‘‘(2) The term ‘former member of the Armed
Forces’ includes a person whose service is considered
active duty service pursuant to a determination of the
Secretary of Defense under section 401 of Public Law
95–202 (38 U.S.C. 106 note).
‘‘(3) The term ‘Superintendent’ means the Su-
perintendent of Arlington National Cemetery.’’.
(2) The table of sections at the beginning of chapter
24 is amended by adding at the end the following new item:
‘‘2412. Arlington National Cemetery: persons eligible for burial.’’.
(b) PUBLICATION OF UPDATED PAMPHLET.—Not later
than 180 days after the date of enactment of this Act, the
Secretary of the Army shall publish an updated pamphlet
describing eligibility for burial in Arlington National Cem-
etery. The pamphlet shall reflect the provisions of section
2412 of title 38, United States Code, as added by subsection
(a).
(c) TECHNICAL AMENDMENTS.—Section 2402(7) is
amended—
(1) by inserting ‘‘(or but for age would have been
entitled)’’ after ‘‘was entitled’’;
(2) by striking ‘‘chapter 67’’ and inserting
‘‘chapter 1223’’; and
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(3) by striking ‘‘or would have been entitled to’’
and all that follows and inserting a period.
(d) EFFECTIVE DATE.—Section 2412 of title 38,
United States Code, as added by subsection (a), shall apply
with respect to individuals dying on or after the date of
the enactment of this Act.
SEC. 403. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL-
UMBARIUM IN ARLINGTON NATIONAL CEME-
TERY.
(a) IN GENERAL.—(1) Chapter 24 is amended by add-
ing after section 2412, as added by section 402(a)(1) of this
Act, the following new section:
‘‘§ 2413. Arlington National Cemetery: persons eligible
for placement in columbarium
‘‘(a) ELIGIBILITY.—The cremated remains of the fol-
lowing individuals may be placed in the columbarium in
Arlington National Cemetery:
‘‘(1) A person eligible for burial in Arlington
National Cemetery under section 2412 of this title.
‘‘(2)(A) A veteran whose last period of active
duty service (other than active duty for training)
ended honorably.
‘‘(B) The spouse, surviving spouse, minor child,
and, at the discretion of the Superintendent of Arling-
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ton National Cemetery, unmarried adult child of such
a veteran.
‘‘(b) SPOUSE.—Section 2412(d) of this title shall apply
to a spouse under this section in the same manner as it
applies to a spouse under section 2412 of this title.’’.
(2) The table of sections at the beginning of chapter
24 is amended by adding after section 2412, as added by
section 402(a)(2) of this Act, the following new item:
‘‘2413. Arlington National Cemetery: persons eligible for placement in columba-
rium.’’.
(b) EFFECTIVE DATE.—Section 2413 of title 38,
United States Code, as added by subsection (a), shall apply
with respect to individuals dying on or after the date of
the enactment of this Act.
Subtitle B—Other Memorial
Matters
SEC. 411. ESTABLISHMENT OF ADDITIONAL NATIONAL
CEMETERIES.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall establish, in accordance with chapter 24 of title 38,
United States Code, the following:
(1) A national cemetery in the Atlanta, Georgia,
metropolitan area to serve the needs of veterans and
their families.
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(2) A national cemetery in Southwestern Penn-
sylvania to serve the needs of veterans and their fami-
lies.
(3) A national cemetery in the Miami, Florida,
metropolitan area to serve the needs of veterans and
their families.
(4) A national cemetery in the Detroit, Michi-
gan, metropolitan area to serve the needs of veterans
and their families.
(5) A national cemetery in the Sacramento,
California, metropolitan area to serve the needs of
veterans and their families.
(b) CONSULTATION IN SELECTION OF SITES.—Before
selecting the sites for the national cemeteries to be estab-
lished under subsection (a), the Secretary shall consult
with—
(1) in the case of the national cemetery to be es-
tablished under paragraph (1) of that subsection, ap-
propriate officials of the State of Georgia and appro-
priate officials of local governments in the Atlanta,
Georgia, metropolitan area;
(2) in the case of the national cemetery to be es-
tablished under paragraph (2) of that subsection, ap-
propriate officials of the State of Pennsylvania and
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appropriate officials of local governments in South-
western Pennsylvania;
(3) in the case of the national cemetery to be es-
tablished under paragraph (3) of that subsection, ap-
propriate officials of the State of Florida and appro-
priate officials of local governments in the Miami,
Florida, metropolitan area;
(4) in the case of the national cemetery to be es-
tablished under paragraph (4) of that subsection, ap-
propriate officials of the State of Michigan and ap-
propriate officials of local governments in the Detroit,
Michigan, metropolitan area;
(5) in the case of the national cemetery to be es-
tablished under paragraph (5) of that subsection, ap-
propriate officials of the State of California and ap-
propriate officials of local governments in the Sac-
ramento, California, metropolitan area; and
(6) appropriate officials of the United States, in-
cluding the Administrator of General Services, with
respect to land belonging to the United States that
would be suitable as a location for the establishment
of each such national cemetery.
(c) REPORT.—As soon as practicable after the date of
the enactment of this Act, the Secretary shall submit to Con-
gress a report on the establishment of the national ceme-
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teries under subsection (a). The report shall set forth a
schedule for the establishment of each such cemetery and
an estimate of the costs associated with the establishment
of each such cemetery.
SEC. 412. USE OF FLAT GRAVE MARKERS AT SANTA FE NA-
TIONAL CEMETERY, NEW MEXICO.
(a) AUTHORITY TO USE FLAT GRAVE MARKERS AT
SANTA FE NATIONAL CEMETERY.—Notwithstanding section
2404(c)(2) of title 38, United States Code, the Secretary of
Veterans Affairs may provide for flat grave markers at the
Santa Fe National Cemetery, New Mexico.
(b) REPORT COMPARING USE OF FLAT GRAVE MARK-
ERS AND UPRIGHT GRAVE MARKERS.—(1) Not later than
90 days after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs shall submit to the Committees
on Veterans’ Affairs of the Senate and the House of Rep-
resentatives a report assessing the advantages and dis-
advantages of the use by the National Cemetery Adminis-
tration of flat grave markers and upright grave markers.
(2) The report under paragraph (1) shall set forth the
advantages and disadvantages of the use of each type of
grave marker referred to in that paragraph, and shall in-
clude criteria to be utilizing in determining whether to pre-
fer the use of one such type of grave marker over the other.
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Subtitle C—World War II Memorial
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘‘World War II Memo-
rial Completion Act’’.
SEC. 422. FUND RAISING BY AMERICAN BATTLE MONU-
MENTS COMMISSION FOR WORLD WAR II ME-
MORIAL.
(a) CODIFICATION OF EXISTING AUTHORITY; EXPAN-
SION 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) DEFINITIONS.—In this section:
‘‘(1) The term ‘World War II memorial’ means
the memorial authorized by Public Law 103–32 (107
Stat. 90) to be established by the American Battle
Monuments Commission on Federal land in the Dis-
trict of Columbia or its environs to honor members of
the Armed Forces who served in World War II and
to commemorate the participation of the United
States in that war.
‘‘(2) The term ‘Commission’ means the American
Battle Monuments Commission.
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‘‘(3) The term ‘memorial fund’ means the fund
created by subsection (c).
‘‘(b) SOLICITATION AND ACCEPTANCE OF CONTRIBU-
TIONS.—Consistent with the authority of the Commission
under section 2103(e) of this title, the Commission shall so-
licit and accept contributions for the World War II memo-
rial.
‘‘(c) CREATION OF MEMORIAL FUND.—(1) There is
hereby created in the Treasury a fund for the World War
II memorial, which shall consist of the following:
‘‘(A) Amounts deposited, and interest and pro-
ceeds credited, under paragraph (2).
‘‘(B) Obligations obtained under paragraph (3).
‘‘(C) The amount of surcharges paid to the Com-
mission for the World War II memorial under the
World War II 50th Anniversary Commemorative
Coins Act.
‘‘(D) Amounts borrowed using the authority pro-
vided under subsection (e).
‘‘(E) Any funds received by the Commission
under section 2103(l) of this title in exchange for use
of, or the right to use, any mark, copyright or patent.
‘‘(2) The Chairman of the Commission shall deposit
in the memorial fund the amounts accepted as contributions
under subsection (b). The Secretary of the Treasury shall
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credit to the memorial fund the interest on, and the proceeds
from sale or redemption of, obligations held in the memorial
fund.
‘‘(3) The Secretary of the Treasury shall invest any
portion of the memorial fund that, as determined by the
Chairman of the Commission, is not required to meet cur-
rent expenses. Each investment shall be made in an interest
bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United
States that, as determined by the Chairman of the Commis-
sion, has a maturity suitable for the memorial fund.
‘‘(d) USE OF MEMORIAL FUND.—The memorial fund
shall be available to the Commission for—
‘‘(1) the expenses of establishing the World War
II memorial, including the maintenance and preser-
vation amount provided for in section 8(b) of the
Commemorative Works Act (40 U.S.C. 1008(b));
‘‘(2) such other expenses, other than routine
maintenance, with respect to the World War II memo-
rial as the Commission considers warranted; and
‘‘(3) to secure, obtain, register, enforce, protect,
and license any mark, copyright or patent that is
owned by, assigned to, or licensed to the Commission
under section 2103(l) of this title to aid or facilitate
the construction of the World War II memorial.
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‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To assure
that groundbreaking, construction, and dedication of the
World War II memorial are completed on a timely basis,
the Commission may borrow money from the Treasury of
the United States in such amounts as the Commission con-
siders 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 obliga-
tions 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 Sec-
retary of the Treasury, but any interest payment so deferred
shall also bear interest.
‘‘(2) The borrowing of money by the Commission under
paragraph (1) shall be subject to such maturities, terms,
and conditions as may be agreed upon by the Commission
and the Secretary of the Treasury, except that the matu-
rities may not exceed 20 years and such borrowings may
be redeemable at the option of the Commission before matu-
rity.
‘‘(3) The obligations of the Commission shall be issued
in amounts and at prices approved by the Secretary of the
Treasury. The authority of the Commission to issue obliga-
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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
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 obliga-
tions under this subsection.
‘‘(4) Repayment of the interest and principal on any
funds borrowed by the Commission under paragraph (1)
shall be made from amounts in the memorial fund. The
Commission may not use for such purpose any funds appro-
priated for any other activities of the Commission.
‘‘(f) TREATMENT OF BORROWING AUTHORITY.—In de-
termining whether the Commission has sufficient funds to
complete construction of the World War II memorial, as re-
quired by section 8 of the Commemorative Works Act (40
U.S.C. 1008), the Secretary of the Interior shall consider
the funds that the Commission may borrow from the Treas-
ury under subsection (e) as funds available to complete con-
struction of the memorial, whether or not the Commission
has actually exercised the authority to borrow such funds.
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‘‘(g) VOLUNTARY SERVICES.—(1) Notwithstanding sec-
tion 1342 of title 31, the Commission may accept from any
person voluntary services to be provided in furtherance of
the fund-raising activities of the Commission relating to the
World War II memorial.
‘‘(2) A person providing voluntary services under this
subsection shall be considered to be a Federal employee for
purposes of chapter 81 of title 5, relating to compensation
for work-related injuries, and chapter 171 of title 28, relat-
ing to tort claims. A volunteer who is not otherwise em-
ployed by the Federal Government shall not be considered
to be a Federal employee for any other purpose by reason
of the provision of such voluntary service, except that any
volunteers given responsibility for the handling of funds or
the carrying out of a Federal function are subject to the
conflict of interest laws contained in chapter 11 of title 18,
and the administrative standards of conduct contained in
part 2635 of title 5, Code of Federal Regulations.
‘‘(3) The Commission may provide for reimbursement
of incidental expenses which are incurred by a person pro-
viding voluntary services under this subsection. The Com-
mission shall determine which expenses are eligible for re-
imbursement under this paragraph.
‘‘(4) Nothing in this subsection shall be construed to
require Federal employees to work without compensation or
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to allow the use of volunteer services to displace or replace
Federal employees.
‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A con-
tract entered into by the Commission for the design or con-
struction of the World War II memorial is not a funding
agreement as that term is defined in section 201 of title
35.
‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH ME-
MORIAL.—Notwithstanding section 10 of the Commemora-
tive Works Act (40 U.S.C. 1010), the legislative authoriza-
tion for the construction of the World War II memorial con-
tained in Public Law 103–32 (107 Stat. 90) shall not ex-
pire until December 31, 2005.’’.
(2) The table of sections at the beginning of chapter
21 of title 36, United States Code, is amended by adding
at the end the following new item:
‘‘2113. World War II memorial in the District of Columbia.’’.
(b) CONFORMING AMENDMENTS.—Public Law 103–32
(107 Stat. 90) is amended by striking sections 3, 4, and
5.
(c) EFFECT
OF REPEAL
OF CURRENT MEMORIAL
FUND.—Upon the date of the enactment of this Act, the Sec-
retary of the Treasury shall transfer amounts in the fund
created by section 4(a) of Public Law 103–32 (107 Stat.
91) to the fund created by section 2113 of title 36, United
States Code, as added by subsection (a).
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SEC. 423. GENERAL AUTHORITY OF AMERICAN BATTLE
MONUMENTS COMMISSION TO SOLICIT AND
RECEIVE CONTRIBUTIONS.
Subsection (e) of section 2103 of title 36, United States
Code, is amended to read as follows:
‘‘(e) SOLICITATION
AND
RECEIPT
OF
CONTRIBU-
TIONS.—(1) The Commission may solicit and receive funds
and in-kind donations and gifts from any State, municipal,
or private source to carry out the purposes of this chapter.
The Commission shall deposit such funds in a separate ac-
count in the Treasury. Funds from this account shall be
disbursed upon vouchers approved by the Chairman of the
Commission as well as by a Federal official authorized to
sign payment vouchers.
‘‘(2) The Commission shall establish written guidelines
setting forth the criteria to be used in determining whether
the acceptance of funds and in-kind donations and gifts
under paragraph (1) would—
‘‘(A) reflect unfavorably on the ability of the
Commission, or any employee of the Commission, to
carry out the responsibilities or official duties of the
Commission in a fair and objective manner; or
‘‘(B) compromise the integrity or the appearance
of the integrity of the programs of the Commission or
any official involved in those programs.’’.
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SEC. 424. INTELLECTUAL PROPERTY AND RELATED ITEMS.
Section 2103 of title 36, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(l) 
INTELLECTUAL
PROPERTY
AND
RELATED
ITEMS.—(1) The Commission may—
‘‘(A) adopt, use, register, and license trademarks,
service marks, and other marks;
‘‘(B) obtain, use, register, and license the use of
copyrights consistent with section 105 of title 17;
‘‘(C) obtain, use, and license patents; and
‘‘(D) accept gifts of marks, copyrights, patents
and licenses for use by the Commission.
‘‘(2) The Commission may grant exclusive and non-
exclusive licenses in connection with any mark, copyright,
patent, or license for the use of such mark, copyright or
patent, except to extent the grant of such license by the Com-
mission would be contrary to any contract or license by
which the use of such mark, copyright or patent was ob-
tained.
‘‘(3) The Commission may enforce any mark, copy-
right, or patent by an action in the district courts under
any law providing for the protection of such marks, copy-
rights, or patents.
‘‘(4) The Attorney General shall furnish the Commis-
sion with such legal representation as the Commission may
require under paragraph (3). The Secretary of Defense shall
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provide representation for the Commission in administra-
tive proceedings before the Patent and Trademark Office
and Copyright Office.
‘‘(5) Section 203 of title 17 shall not apply to any
copyright transferred in any manner to the Commission.’’.
TITLE 
V—UNITED 
STATES
COURT OF APPEALS FOR VET-
ERANS CLAIMS
SEC. 501. TEMPORARY SERVICE OF CERTAIN JUDGES OF
UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS UPON EXPIRATION OF
THEIR TERMS OR RETIREMENT.
(a) AUTHORITY FOR TEMPORARY SERVICE.—(1) Not-
withstanding subsection (c) of section 7253 of title 38,
United States Code, and subject to the provisions of this
section, a judge of the Court whose term on the Court ex-
pires in 2004 or 2005 and completes such term, or who re-
tires from the Court under section 7296(b)(1) of such title,
may continue to serve on the Court after the expiration of
the judge’s term or retirement, as the case may be, without
reappointment for service on the Court under such section
7253.
(2) A judge may continue to serve on the Court under
paragraph (1) only if the judge submits to the chief judge
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of the Court written notice of an election to so serve 30 days
before the earlier of—
(A) the expiration of the judge’s term on the
Court as described in that paragraph; or
(B) the date on which the judge meets the age
and service requirements for eligibility for retirement
set forth in section 7296(b)(1) of such title.
(3) The total number of judges serving on the Court
at any one time, including the judges serving under this
section, may not exceed 7.
(b) PERIOD OF TEMPORARY SERVICE.—(1) The service
of a judge on the Court under this section may continue
until the earlier of—
(A) the date that is 30 days after the date on
which the chief judge of the Court submits to the
President and Congress a written certification based
on the projected caseload of the Court that the work
of the Court can be performed in a timely and effi-
cient manner by judges of the Court under this sec-
tion who are senior on the Court to the judge electing
to continue to provide temporary service under this
section or without judges under this section; or
(B) the date on which the person appointed to
the position on the Court occupied by the judge under
this section is qualified for the position.
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(2) Subsections (f) and (g) of section 7253 of title 38,
United States Code, shall apply with respect to the service
of a judge on the Court under this section.
(c) TEMPORARY SERVICE IN OTHER POSITIONS.—(1)
If on the date that the person appointed to the position on
the Court occupied by a judge under this section is qualified
another position on the Court is vacant, the judge may serve
in such other position under this section.
(2) If two or more judges seek to serve in a position
on the Court in accordance with paragraph (1), the judge
senior in service on the Court shall serve in the position
under that paragraph.
(d) COMPENSATION.—(1) Notwithstanding any other
provision of law, a person whose service as a judge of the
Court continues under this section shall be paid for the pe-
riod of service under this section an amount as follows:
(A) In the case of a person eligible to receive re-
tired pay under subchapter V of chapter 72 of title
38, United States Code, or a retirement annuity
under subchapter III of chapter 83 or subchapter II
of chapter 84 of title 5, United States Code, as appli-
cable, an amount equal to one-half of the amount of
the current salary payable to a judge of the Court
under chapter 72 of title 38, United States Code, hav-
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ing a status on the Court equivalent to the highest
status on the Court attained by the person.
(B) In the case of a person not eligible to receive
such retired pay or such retirement annuity, an
amount equal to the amount of current salary pay-
able to a judge of the Court under such chapter 72
having a status on the Court equivalent to the highest
status on the Court attained by the person.
(2) Amounts paid under this subsection to a person
described in paragraph (1)(A)—
(A) shall not be treated as—
(i) compensation for employment with the
United States for purposes of section 7296(e) of
title 38, United States Code, or any provision of
title 5, United States Code, relating to the re-
ceipt or forfeiture of retired pay or retirement
annuities by a person accepting compensation
for employment with the United States; or
(ii) pay for purposes of deductions or con-
tributions for or on behalf of the person to re-
tired pay under subchapter V of chapter 72 of
title 38, United States Code, or under chapter 83
or 84 of title 5, United States Code, as applica-
ble; but
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(B) may, at the election of the person, be treated
as pay for purposes of deductions or contributions for
or on behalf of the person to a retirement or other an-
nuity, or both, under subchapter V of chapter 72 of
title 38, United States Code, or under chapter 83 or
84 of title 5, United States Code, as applicable.
(3) Amounts paid under this subsection to a person
described in paragraph (1)(B) shall be treated as pay for
purposes of deductions or contributions for or on behalf of
the person to retired pay or a retirement or other annuity
under subchapter V of chapter 72 of title 38, United States
Code, or under chapter 83 or 84 of title 5, United States
Code, as applicable.
(4) Amounts paid under this subsection shall be de-
rived from amounts available for payment of salaries and
benefits of judges of the Court.
(e) CREDITABLE SERVICE.—(1) The service as a judge
of the Court under this section of a person who makes an
election provided for under subsection (d)(2)(B) shall con-
stitute creditable service toward the judge’s years of judicial
service for purposes of section 7297 of title 38, United States
Code, with such service creditable at a rate equal to the
rate at which such service would be creditable for such pur-
poses if served by a judge of the Court under chapter 72
of that title.
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(2) The service as a judge of the Court under this sec-
tion of a person paid salary under subsection (d)(1)(B)
shall constitute creditable service of the person toward re-
tirement under subchapter V of chapter 72 of title 38,
United States Code, or subchapter III of chapter 83 or sub-
chapter II of chapter 84 of title 5, United States Code, as
applicable.
(f) ELIGIBILITY FOR ADDITIONAL SERVICE.—The serv-
ice of a person as a judge of the Court under this section
shall not affect the eligibility of the person for appointment
to an additional term or terms on the Court, whether in
the position occupied by the person under this section or
in another position on the Court.
(g) TREATMENT OF PARTY MEMBERSHIP.—For pur-
poses of determining compliance with the last sentence of
section 7253(b) of title 38, United States Code, the party
membership of a judge serving on the Court under this sec-
tion shall not be taken into account.
SEC. 502. MODIFIED TERMS FOR CERTAIN JUDGES OF
UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
(a) 
MODIFIED
TERMS.—Notwithstanding 
section
7253(c) of title 38, United States Code, the term of any
judge of the Court who is appointed to a position on the
Court that becomes vacant in 2004 shall be 13 years.
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(b) ELIGIBILITY FOR RETIREMENT.—(1) For purposes
of determining the eligibility to retire under section 7296
of title 38, United States Code, of a judge appointed as de-
scribed in subsection (a)—
(A) the age and service requirements in the table
in paragraph (2) shall apply to the judge instead of
the age and service requirements in the table in sub-
section (b)(1) of that section that would otherwise
apply to the judge; and
(B) the minimum years of service applied to the
judge for eligibility to retire under the first sentence
of subsection (b)(2) of that section shall be 13 years
instead of 15 years.
(2) The age and service requirements in this para-
graph are as follows:
The judge has attained age:
And the years of service as a
judge are at least
65 .............................................................................................
66 .............................................................................................
67 .............................................................................................
68 .............................................................................................
69 .............................................................................................
70 .............................................................................................
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SEC. 503. TEMPORARY AUTHORITY FOR VOLUNTARY SEPA-
RATION INCENTIVES FOR CERTAIN JUDGES
ON UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
(a) TEMPORARY AUTHORITY.—A voluntary separation
incentive payment may be paid in accordance with this sec-
tion to any judge of the Court described in subsection (c).
(b) AMOUNT OF INCENTIVE PAYMENT.—The amount of
a voluntary separation incentive payment paid to a judge
under this section shall be $25,000.
(c) COVERED JUDGES.—A voluntary separation incen-
tive payment may be paid under this section to any judge
of the Court who—
(1) meets the age and service requirements for re-
tirement set forth in section 7296(b)(1) of title 38,
United States Code, as of the date on which the judge
retires from the Court;
(2) submits a notice of an intent to retire in ac-
cordance with subsection (d); and
(3) retires from the Court under that section not
later than 30 days after the date on which the judge
meets such age and service requirements.
(d) NOTICE OF INTENT TO RETIRE.—(1) A judge of
the Court seeking payment of a voluntary separation incen-
tive payment under this section shall submit to the Presi-
dent and Congress a timely notice of an intent to retire
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from the Court, together with a request for payment of the
voluntary separation incentive payment.
(2) A notice shall be timely submitted under para-
graph (1) only if submitted—
(A) not later than one year before the date of re-
tirement of the judge concerned from the Court; or
(B) in the case of a judge whose retirement from
the Court will occur less than one year after the date
of the enactment of this Act, not later than 30 days
after the date of the enactment of this Act.
(e) DATE OF PAYMENT.—A voluntary separation in-
centive payment may be paid to a judge of the Court under
this section only upon the retirement of the judge from the
Court.
(f) TREATMENT OF PAYMENT.—A voluntary separa-
tion incentive payment paid to a judge under this section
shall not be treated as pay for purposes of contributions
for or on behalf of the judge to retired pay or a retirement
or other annuity under subchapter V of chapter 72 of title
38, United States Code.
(g) ELIGIBILITY
FOR
TEMPORARY
SERVICE
ON
COURT.—A judge seeking payment of a voluntary separa-
tion incentive payment under this section may serve on the
Court under section 401 if eligible for such service under
that section.
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(h) SOURCE OF PAYMENTS.—Amounts for voluntary
separation incentive payments under this section shall be
derived from amounts available for payment of salaries and
benefits of judges of the Court.
(i) EXPIRATION OF AUTHORITY.—A voluntary separa-
tion incentive payment may not be paid under this section
to a judge who retires from the Court after December 31,
2002.
SEC. 504. DEFINITION.
In this title, the term ‘‘Court’’ means the United States
Court of Appeals for Veterans Claims.
Amend the title so as to read: ‘‘An Act to amend
title 38, United States Code, to enhance programs pro-
viding health care, education, memorial, and other bene-
fits for veterans, to authorize major medical facility
projects for the Department of Veterans Affairs, and for
other purposes.’’.
Attest:
Secretary.
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