I
106TH CONGRESS
1ST SESSION
H. R. 2280
To amend title 38, United States Code, to provide a cost-of-living adjustment
in rates of compensation paid for service-connected disabilities, to en-
hance the compensation, memorial affairs, and housing programs of
the Department of Veterans Affairs, to improve retirement authorities
applicable to judges of the United States Court of Appeals for Veterans
Claims, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 18, 1999
Mr. STUMP (for himself, Mr. EVANS, Mr. QUINN, and Mr. FILNER) introduced
the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide a cost-
of-living adjustment in rates of compensation paid for
service-connected disabilities, to enhance the compensa-
tion, memorial affairs, and housing programs of the De-
partment of Veterans Affairs, to improve retirement au-
thorities applicable to judges of the United States Court
of Appeals for Veterans Claims, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans Benefits Improvement Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—COMPENSATION
Sec. 101. Increase in rates of disability compensation and dependency and in-
demnity compensation.
Sec. 102. Presumption that bronchiolo-alveolar carcinoma is service-connected.
Sec. 103. Dependency and indemnity compensation for surviving spouses of
former prisoners of war.
Sec. 104. Reinstatement of certain benefits for remarried surviving spouses of
veterans upon termination of their remarriage.
TITLE II—MEMORIAL AFFAIRS
Subtitle A—American Battle Monuments Commission
Sec. 201. Codification and expansion of authority for World War II Memorial.
Sec. 202. General authority to solicit and receive contributions.
Sec. 203. Intellectual property and related items.
Sec. 204. Technical amendments.
Subtitle B—National Cemeteries
Sec. 211. Establishment of additional national cemeteries.
Sec. 212. Independent study on improvements to veterans’ cemeteries.
TITLE III—HOUSING
Sec. 301. Permanent eligibility for housing loans for former members of the Se-
lected Reserve.
Sec. 302. Homeless veterans’ reintegration programs.
Sec. 303. Transitional housing loan guarantee program technical amendment.
TITLE IV—COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 401. Authority to prescribe rules and regulations.
Sec. 402. Recall of retired judges.
Sec. 403. Calculation of years of service as a judge.
Sec. 404. Judges’ retired pay.
Sec. 405. Survivor annuities.
Sec. 406. Limitation on activities of retired judges.
Sec. 407. Early retirement authority for current judges in order to provide for
staggered terms of judges.
TITLE V—OTHER MATTERS
Sec. 501. Repeal of certain sunset provisions.
Sec. 502. Enhanced quality assurance program within the Veterans Benefits
Administration.
Sec. 503. Extension of Advisory Committee on Minority Veterans.
Sec. 504. Recognition of Veterans of Foreign Wars.
Sec. 505. Codification of recurring provisions in annual Department of Vet-
erans Affairs Appropriations Acts.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
TITLE I—COMPENSATION
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSA-
TION AND DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) RATE ADJUSTMENT.—The Secretary of Veterans
Affairs shall, effective on December 1, 1999, increase the
dollar amounts in effect for the payment of disability com-
pensation and dependency and indemnity compensation by
the Secretary, as specified in subsection (b).
(b) AMOUNTS
TO
BE
INCREASED.—The dollar
amounts to be increased pursuant to subsection (a) are
the following:
(1) 
COMPENSATION.—Each 
of 
the 
dollar
amounts in effect under section 1114 of title 38,
United States Code.
(2) ADDITIONAL COMPENSATION FOR DEPEND-
ENTS.—Each of the dollar amounts in effect under
sections 1115(1) of such title.
(3) 
CLOTHING
ALLOWANCE.—The 
dollar
amount in effect under section 1162 of such title.
(4) NEW DIC RATES.—The dollar amounts in
effect under paragraphs (1) and (2) of section
1311(a) of such title.
(5) OLD
DIC
RATES.—Each of the dollar
amounts in effect under section 1311(a)(3) of such
title.
(6) ADDITIONAL DIC FOR SURVIVING SPOUSES
WITH MINOR CHILDREN.—The dollar amount in ef-
fect under section 1311(b) of such title.
(7) ADDITIONAL
DIC
FOR
DISABILITY.—The
dollar amounts in effect under sections 1311(c) and
1311(d) of such title.
(8) DIC FOR
DEPENDENT
CHILDREN.—The
dollar amounts in effect under sections 1313(a) and
1314 of such title.
(c) DETERMINATION
OF INCREASE.—(1) The in-
crease under subsection (a) shall be made in the dollar
amounts specified in subsection (b) as in effect on Novem-
ber 30, 1999.
(2) Except as provided in paragraph (3), each such
amount shall be increased by the same percentage as the
percentage by which benefit amounts payable under title
II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1, 1999, as a result of a de-
termination under section 215(i) of such Act (42 U.S.C.
415(i)).
(3) Each dollar amount increased pursuant to para-
graph (2) shall, if not a whole dollar amount, be rounded
down to the next lower whole dollar amount.
(d) SPECIAL RULE.—The Secretary may adjust ad-
ministratively, consistent with the increases made under
subsection (a), the rates of disability compensation pay-
able to persons within the purview of section 10 of Public
Law 85–857 (72 Stat. 1263) who are not in receipt of
compensation payable pursuant to chapter 11 of title 38,
United States Code.
(e) PUBLICATION
OF ADJUSTED RATES.—At the
same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are
required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year
1999, the Secretary of Veterans Affairs shall publish in
the Federal Register the amounts specified in subsection
(b), as increased pursuant to this section.
SEC. 102. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR
CARCINOMA IS SERVICE-CONNECTED.
Section 1112(c)(2) is amended by adding at the end
the following new subparagraph:
‘‘(P) Bronchiolo-alveolar carcinoma.’’.
SEC. 103. DEPENDENCY AND INDEMNITY COMPENSATION
FOR SURVIVING SPOUSES OF FORMER PRIS-
ONERS OF WAR.
(a) ELIGIBILITY.—Section 1318(b) is amended—
(1) by striking ‘‘that either—’’ in the matter
preceding paragraph (1) and inserting ‘‘rated totally
disabling if—’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) the veteran was a former prisoner of war
who died after September 30, 1999, and who had
been diagnosed as having one of the diseases speci-
fied in section 1112(b) of this title.’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in paragraph (1)—
(A) by inserting ‘‘the disability’’ after
‘‘(1)’’; and
(B) by striking ‘‘or’’ after ‘‘death;’’; and
(2) in paragraph (2)—
(A) by striking ‘‘if so rated for a lesser pe-
riod, was so rated continuously’’ and inserting
‘‘the disability was continuously rated totally
disabling’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’.
SEC. 104. REINSTATEMENT OF CERTAIN BENEFITS FOR RE-
MARRIED SURVIVING SPOUSES OF VETERANS
UPON TERMINATION OF THEIR REMARRIAGE.
(a) RESTORATION OF PRIOR ELIGIBILITY.—Section
103(d) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) The remarriage of the surviving spouse of a vet-
eran shall not bar the furnishing of benefits specified in
paragraph (5) to such person as the surviving spouse of
the veteran if the remarriage has been terminated by
death or divorce unless the Secretary determines that the
divorce was secured through fraud or collusion.
‘‘(3) If the surviving spouse of a veteran ceases living
with another person and holding himself or herself out
openly to the public as that person’s spouse, the bar to
granting that person benefits as the surviving spouse of
the veteran shall not apply in the case of the benefits spec-
ified in paragraph (5).
‘‘(4) The first month of eligibility for benefits for a
surviving spouse by reason of this subsection shall be the
month after—
‘‘(A) the month of the termination of such re-
marriage, in the case of a surviving spouse described
in paragraph (2); or
‘‘(B) the month of the cessation described in
paragraph (3), in the case of a surviving spouse de-
scribed in that paragraph.
‘‘(5) Paragraphs (2) and (3) apply with respect to
benefits under the following provisions of this title:
‘‘(A) Section 1311, relating to dependency and
indemnity compensation.
‘‘(B) Section 1713, relating to medical care for
survivors and dependents of certain veterans.
‘‘(C) Chapter 35, relating to educational assist-
ance.
‘‘(D) Chapter 37, relating to housing loans.’’.
(b) CONFORMING AMENDMENT.—Section 1311 is
amended by striking subsection (e).
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on the first day
of the first month beginning after the month in which this
Act is enacted or October 1, 1999, whichever is later.
(d) LIMITATION.—No payment may be made to a
person by reason of paragraphs (2) and (3) of section
103(d) of title 38, United States Code, as added by sub-
section (a), for any period before the effective date speci-
fied in subsection (c).
TITLE II—MEMORIAL AFFAIRS
Subtitle A—American Battle
Monuments Commission
SEC. 201. CODIFICATION AND EXPANSION OF AUTHORITY
FOR WORLD WAR II MEMORIAL.
(a) CODIFICATION OF EXISTING AUTHORITY; EX-
PANSION OF AUTHORITY.—(1) Chapter 21 of title 36,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2113. World War II memorial in the District of Co-
lumbia
‘‘(a) SOLICITATION AND ACCEPTANCE OF CONTRIBU-
TIONS.—Consistent with its authority under section
2103(e) of this title, the American Battle Monuments
Commission shall solicit and accept contributions for the
memorial authorized by Public Law 103–32 (40 U.S.C.
1003 note) to be established by the Commission on Fed-
eral land in the District of Columbia or its environs to
honor members of the Armed Forces who served in World
War II and to commemorate the participation of the
to meet current expenses. Each investment shall be made
in an interest-bearing obligation of the United States or
an obligation guaranteed as to principal and interest by
the United States that the Chairman determines has a
maturity suitable for the fund.
‘‘(c) USE OF FUND.—The fund shall be available to
the Commission—
‘‘(1) for the expenses of establishing the World
War II memorial, including the maintenance and
preservation amount provided for in section 8(b) of
the Commemorative Works Act (40 U.S.C. 1008(b));
‘‘(2) for such other expenses, other than routine
maintenance, with respect to the World War II me-
morial as the Commission considers warranted; and
‘‘(3) to secure, obtain, register, enforce, protect,
and license any mark, copyright or patent that is
owned by, assigned to, or licensed to the Commission
under section 2114 of this title to aid or facilitate
the construction of the World War II memorial.
‘‘(d) SPECIAL BORROWING AUTHORITY.—(1) To as-
sure that groundbreaking, construction, and dedication of
the World War II memorial are carried out on a timely
basis, the Commission may borrow money from the Treas-
ury of the United States in such amounts as the Commis-
sion considers necessary, but not to exceed a total of