H. R. 2116—20
(6) by striking ‘‘Department’’ in the second sentence of
subsection (b)(1) and inserting ‘‘Veterans Health Administra-
tion’’;
(7) by striking ‘‘Department of Veterans’ Benefits’’ in sub-
section (b)(4)(E) and inserting ‘‘Veterans Benefits Administra-
tion’’;
(8) in subsection (e)(1), by striking ‘‘Not later than March
1, 1985, the Administrator’’ and inserting ‘‘Not later than March
1, 2000, the Secretary’’; and
(9) in subsection (e)(2)—
(A) by striking ‘‘Not later than February 1, 1986’’ and
inserting ‘‘Not later than February 1, 2001’’;
(B) by striking ‘‘Administrator’’ and inserting ‘‘Sec-
retary’’; and
(C) by striking ‘‘before the submission of such report’’
and inserting ‘‘since the enactment of the Veterans Millen-
nium Health Care and Benefits Act’’.
SEC. 207. STATE HOME GRANT PROGRAM.
(a) GENERAL REGULATIONS.—Section 8134 is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by striking the matter in subsection (a) preceding para-
graph (2) and inserting the following:
‘‘(a)(1) The Secretary shall prescribe regulations for the pur-
poses of this subchapter.
‘‘(2) In those regulations, the Secretary shall prescribe for each
State the number of nursing home and domiciliary beds for which
assistance under this subchapter may be furnished. Such regula-
tions shall be based on projected demand for such care 10 years
after the date of the enactment of the Veterans Millennium Health
Care and Benefits Act by veterans who at such time are 65 years
of age or older and who reside in that State. In determining such
projected demand, the Secretary shall take into account travel
distances for veterans and their families.
‘‘(3)(A) In those regulations, the Secretary shall establish cri-
teria under which the Secretary shall determine, with respect to
an application for assistance under this subchapter for a project
described in subparagraph (B) which is from a State that has
a need for additional beds as determined under subsections (a)(2)
and (d)(1), whether the need for such beds is most aptly character-
ized as great, significant, or limited. Such criteria shall take into
account the availability of beds already operated by the Secretary
and other providers which appropriately serve the needs which
the State proposes to meet with its application.
‘‘(B) This paragraph applies to a project for the construction
or acquisition of a new State home facility, a project to increase
the number of beds available at a State home facility, and a project
to replace beds at a State home facility.
‘‘(4) The Secretary shall review and, as necessary, revise regula-
tions prescribed under paragraphs (2) and (3) not less often than
every four years.
‘‘(b) The Secretary shall prescribe the following by regulation:’’;
(3) by redesignating paragraphs (2) and (3) of subsection
(b), as designated by paragraph (2), as paragraphs (1) and
(2);
H. R. 2116—21
(4) in subsection (c), as redesignated by paragraph (1),
by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsection (b)(2)’’;
and
(5) by adding at the end the following new subsection:
‘‘(d)(1) In prescribing regulations to carry out this subchapter,
the Secretary shall provide that in the case of a State that seeks
assistance under this subchapter for a project described in sub-
section (a)(3)(B), the determination of the unmet need for beds
for State homes in that State shall be reduced by the number
of beds in all previous applications submitted by that State under
this subchapter, including beds which have not been recognized
by the Secretary under section 1741 of this title.
‘‘(2)(A) Financial assistance under this subchapter for a renova-
tion project may only be provided for a project for which the total
cost of construction is in excess of $400,000 (as adjusted from
time-to-time in such regulations to reflect changes in costs of
construction).
‘‘(B) For purposes of this paragraph, a renovation project is
a project to remodel or alter existing buildings for which financial
assistance under this subchapter may be provided and does not
include maintenance and repair work which is the responsibility
of the State.’’.
(b) APPLICATIONS WITH RESPECT TO PROJECTS.—Section 8135
is amended—
(1) in subsection (a)—
(A) by striking ‘‘set forth—’’ in the matter preceding
paragraph (1) and inserting ‘‘set forth the following:’’;
(B) by capitalizing the first letter of the first word
in each of paragraphs (1) through (9);
(C) by striking the comma at the end of each of para-
graphs (1) through (7) and inserting a period; and
(D) by striking ‘‘, and’’ at the end of paragraph (8)
and inserting a period;
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f ), respectively;
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b)(1) Any State seeking to receive assistance under this sub-
chapter for a project that would involve construction or acquisition
of either nursing home or domiciliary facilities shall include with
its application under subsection (a) the following:
‘‘(A) Documentation (i) that the site for the project is in
reasonable proximity to a sufficient concentration and popu-
lation of veterans who are 65 years of age and older, and
(ii) that there is a reasonable basis to conclude that the facilities
when complete will be fully occupied.
‘‘(B) A financial plan for the first three years of operation
of such facilities.
‘‘(C) A five-year capital plan for the State home program
for that State.
‘‘(2) Failure to provide adequate documentation under para-
graph (1)(A) or to provide an adequate financial plan under para-
graph (1)(B) shall be a basis for disapproving the application.’’;
and
(4) in subsection (c), as redesignated by paragraph (2)—
(A) in paragraph (1), by striking ‘‘for a grant under
subsection (a) of this section’’ in the matter preceding
H. R. 2116—22
subparagraph (A) and inserting ‘‘under subsection (a) for
financial assistance under this subchapter’’;
(B) in paragraph (2)—
(i) by striking ‘‘the construction or acquisition of’’
in subparagraph (A); and
(ii) by striking subparagraphs (B), (C), and (D)
and inserting the following:
‘‘(B) An application from a State for a project at an existing
facility to remedy a condition or conditions that have been
cited by an accrediting institution, by the Secretary, or by
a local licensing or approving body of the State as being threat-
ening to the lives or safety of the patients in the facility.
‘‘(C) An application from a State that has not previously
applied for award of a grant under this subchapter for construc-
tion or acquisition of a State nursing home.
‘‘(D) An application for construction or acquisition of a
nursing home or domiciliary from a State that the Secretary
determines, in accordance with regulations under this sub-
chapter, has a great need for the beds to be established at
such home or facility.
‘‘(E) An application from a State for renovations to a State
home facility other than renovations described in subparagraph
(B).
‘‘(F) An application for construction or acquisition of a
nursing home or domiciliary from a State that the Secretary
determines, in accordance with regulations under this sub-
chapter, has a significant need for the beds to be established
at such home or facility.
‘‘(G) An application that meets other criteria as the Sec-
retary determines appropriate and has established in regula-
tions.
‘‘(H) An application for construction or acquisition of a
nursing home or domiciliary from a State that the Secretary
determines, in accordance with regulations under this sub-
chapter, has a limited need for the beds to be established
at such home or facility.’’; and
(C) in paragraph (3), by striking subparagraph (A)
and inserting the following:
‘‘(A) may not accord any priority to a project for the
construction or acquisition of a hospital; and’’.
(c) TRANSITION.—(1) The provisions of sections 8134 and 8135
of title 38, United States Code, as in effect on November 10, 1999,
shall continue in effect after that date with respect to applications
described in section 8135(b)(2)(A) of such title, as in effect on
that date, that are identified in paragraph (2) (and to projects
and grants pursuant to those applications). The Secretary shall
accord priority among those applications in the order listed in
paragraph (2).
(2) Applications covered by paragraph (1) are the following:
(A) Any application for a fiscal year 1999 priority one
project.
(B) Any application for a fiscal year 2000 priority one
project that was submitted by a State that (i) did not receive
grant funds from amounts appropriated for fiscal year 1999
under the State home grant program, and (ii) does not have
any fiscal year 1999 priority one projects.
(3) For purposes of this subsection—
H. R. 2116—23
(A) the term ‘‘fiscal year 1999 priority one project’’ means
a project on the list of approved projects established by the
Secretary on October 29, 1998, under section 8135(b)(4) of title
38, United States Code, as in effect on that date that (pursuant
to section 8135(b)(2)(A) of that title) is in the grouping of
projects on that list designated as Priority Group 1;
(B) the term ‘‘fiscal year 2000 priority one project’’ means
a project on the list of approved projects established by the
Secretary on November 3, 1999, under section 8135(b)(4) of
title 38, United States Code, as in effect on that date that
(pursuant to section 8135(b)(2)(A) of that title) is in the
grouping of projects on that list designated as Priority Group
1; and
(C) the term ‘‘State home grant program’’ means the grant
program under subchapter III of chapter 81 of title 38, United
States Code.
(d) EFFECTIVE DATE FOR INITIAL REGULATIONS.—The Secretary
shall prescribe the initial regulations under subsection (a) of section
8134 of title 38, United States Code, as added by subsection (a),
not later than April 30, 2000.
SEC. 208. EXPANSION OF ENHANCED-USE LEASE AUTHORITY.
(a) AUTHORITY.—Section 8162(a)(2) is amended—
(1) by striking ‘‘only if the Secretary’’ and inserting ‘‘only
if—
‘‘(A) the Secretary’’;
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and realigning those
clauses so as to be four ems from the left margin;
(3) by striking the period at the end of clause (iii), as
so redesignated, and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(B) the Secretary determines that the implementation of
a business plan proposed by the Under Secretary for Health
for applying the consideration under such a lease to the provi-
sion of medical care and services would result in a demonstrable
improvement of services to eligible veterans in the geographic
service-delivery area within which the property is located.’’.
(b) TERM
OF
ENHANCED-USE
LEASE.—Section 8162(b) is
amended—
(1) in paragraph (2), by striking ‘‘may not exceed—’’ and
all that follows and inserting ‘‘may not exceed 75 years.’’; and
(2) by striking paragraph (4) and inserting the following:
‘‘(4) The terms of an enhanced-use lease may provide for the
Secretary to—
‘‘(A) obtain facilities, space, or services on the leased prop-
erty; and
‘‘(B) use minor construction funds for capital contribution
payments.’’.
(c) DESIGNATION
OF PROPERTY PROPOSED TO BE LEASED.—
(1) Subsection (b) of section 8163 is amended—
(A) by striking ‘‘include—’’ and inserting ‘‘include the fol-
lowing:’’;
(B) by capitalizing the first letter of the first word of
each of paragraphs (1), (2), (3), (4), and (5);
(C) by striking the semicolon at the end of paragraphs
(1), (2), and (3) and inserting a period; and
H. R. 2116—24
(D) by striking subparagraphs (A), (B), and (C) of paragraph
(4) and inserting the following:
‘‘(A) would—
‘‘(i) contribute in a cost-effective manner to the
mission of the Department;
‘‘(ii) not be inconsistent with the mission of the
Department;
‘‘(iii) not adversely affect the mission of the Depart-
ment; and
‘‘(iv) affect services to veterans; or
‘‘(B) would result in a demonstrable improvement of
services to eligible veterans in the geographic service-
delivery area within which the property is located.’’.
(2) Subparagraph (E) of subsection (c)(1) of that section is
amended by striking clauses (i), (ii), and (iii) and inserting the
following:
‘‘(i) would—
‘‘(I) contribute in a cost-effective manner to the
mission of the Department;
‘‘(II) not be inconsistent with the mission of the
Department;
‘‘(III) not adversely affect the mission of the
Department; and
‘‘(IV) affect services to veterans; or
‘‘(ii) would result in a demonstrable improvement of
services to eligible veterans in the geographic service-
delivery area within which the property is located.’’.
(d) USE OF PROCEEDS.—Section 8165(a) is amended by striking
paragraph (1) and inserting the following:
‘‘(a)(1) Funds received by the Department under an enhanced-
use lease and remaining after any deduction from those funds
under subsection (b) shall be deposited in the Department of Vet-
erans Affairs Health Services Improvement Fund established under
section 1729B of this title.’’.
(e) EXTENSION OF AUTHORITY.—Section 8169 is amended by
striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2011’’.
(f ) TRAINING AND OUTREACH REGARDING AUTHORITY.—The Sec-
retary shall take appropriate actions to provide training and out-
reach to personnel at Department medical centers regarding 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 potential lessees in the medical
or commercial sectors regarding the possibility of entering into
leases under that authority and other appropriate matters.
(g) INDEPENDENT ANALYSIS
OF OPPORTUNITIES
FOR USE
OF
AUTHORITY.—(1) The Secretary shall take appropriate actions to
secure from an appropriate entity (or entities) independent of the
Department an analysis (or analyses) of opportunities for the use
of the enhanced-use lease authority under subchapter V of chapter
81 of title 38, United States Code.
(2) An analysis under paragraph (1) shall include—
(A) a survey of facilities of the Department for purposes
of identifying Department property that presents an oppor-
tunity 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
H. R. 2116—25
property identified under subparagraph (A) as presenting an
opportunity for such lease; and
(C) an assessment of the resources required at the Depart-
ment facilities concerned, and at the Department Central Office,
in order to facilitate the entering into of enhanced-used leases
in the case of property so identified.
(3) If as a result of a survey under paragraph (2)(A) an entity
carrying out an analysis under this subsection determines that
a particular Department property 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 such a survey an entity carrying out
an analysis under this subsection determines that certain Depart-
ment property presents an opportunity for lease under the
enhanced-use lease authority, the analysis shall include a single
integrated business plan, developed 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.
SEC. 209. INELIGIBILITY FOR EMPLOYMENT BY VETERANS HEALTH
ADMINISTRATION OF HEALTH CARE PROFESSIONALS
WHO HAVE LOST LICENSE TO PRACTICE IN ONE JURIS-
DICTION WHILE STILL LICENSED IN ANOTHER JURISDIC-
TION.
Section 7402 is amended by adding at the end the following
new subsection:
‘‘(f ) A person may not be employed in a position under sub-
section (b) (other than under paragraph (4) of that subsection)
if—
‘‘(1) the person is or has been licensed, registered, or cer-
tified (as applicable to such position) in more than one State;
and
‘‘(2) either—
‘‘(A) any of those States has terminated such license,
registration, or certification for cause; or
‘‘(B) the person has voluntarily relinquished such
license, registration, or certification in any of those States
after being notified in writing by that State of potential
termination for cause.’’.
SEC. 210. REPORT ON COORDINATION OF PROCUREMENT OF PHARMA-
CEUTICALS AND MEDICAL SUPPLIES BY THE DEPART-
MENT OF VETERANS AFFAIRS AND THE DEPARTMENT
OF DEFENSE.
(a) REQUIREMENT.—Not later than July 31, 2000, the Secretary
of Veterans Affairs and the Secretary of Defense shall jointly submit
to the Committees on Veterans’ Affairs and Armed Services of
the Senate and the Committees 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 Defense 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 between the
Department of Veterans Affairs and the Department of Defense
in the procurement of pharmaceuticals and medical supplies.
H. R. 2116—26
(2) An assessment of the means by which cooperation
between the departments in such procurement could be
enhanced or improved.
(3) A description of any existing memoranda of agreement
between the Department of Veterans Affairs and the Depart-
ment 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, Pennsylvania, and the Department of
Veterans Affairs National Acquisition Center in Hines, Illinois.
(5) A description of the effects, if any, of such cooperation
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 pharma-
ceuticals for which cooperative agreements would not be appro-
priate and the reason or reasons therefor.
(8) An assessment of the extent to which cooperative agree-
ments could be expanded to include medical equipment, major
systems, and durable goods used in the delivery of health
care by the Department of Veterans Affairs and the Department
of Defense.
(9) A description of the effects such agreements might
have on distribution of items purchased cooperatively 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 Department of Vet-
erans Affairs and the Department of Defense.
(11) An explanation of the current Uniform Product
Number (UPN) requirements of each Department and of any
planned standardization of such requirements between the
Departments for medical equipment and durable goods manu-
facturers.
SEC. 211. REIMBURSEMENT OF MEDICAL EXPENSES OF VETERANS
LOCATED IN ALASKA.
(a) PRESERVATION OF CURRENT REIMBURSEMENT RATES.—Not-
withstanding any other provision of law, the Secretary shall, for
purposes of reimbursing veterans in Alaska for medical expenses
under section 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 Participating Physician
Fee Schedule under the Medicare program.
(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 Fee Schedule under the Medicare
program as a means of calculating reimbursement rates for medical
H. R. 2116—27
expenses of veterans 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 continental United States;
(B) describe any differences between the costs of providing
health care in Alaska and the reimbursement 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 Physician Fee Schedule as
a means of calculating reimbursement rates for medical
expenses of veterans located in Alaska under section 1728
of title 38, United States Code.
TITLE III—MISCELLANEOUS MEDICAL
PROVISIONS
SEC. 301. REVIEW OF PROPOSED CHANGES TO OPERATION OF MED-
ICAL FACILITIES.
Section 8110 is amended by adding at the end the following
new subsections:
‘‘(d) The Secretary may not in any fiscal year close more than
50 percent of the beds within a bed section (of 20 or more beds)
of a Department medical center unless the Secretary first submits
to the Committees on Veterans’ Affairs of the Senate and the
House of Representatives a report providing a justification for the
closure. No action to carry out such closure may be taken after
the submission of such report until the end of the 21-day period
beginning on the date of the submission of the report.
‘‘(e) The Secretary shall submit to the Committees on Veterans’
Affairs of the Senate and the House of Representatives, not later
than January 20 of each year, a report documenting by network
for the preceding fiscal year the following:
‘‘(1) The number of medical service and surgical service
beds, respectively, that were closed during that fiscal year
and, for each such closure, a description of the changes in
delivery of services that allowed such closure to occur.
‘‘(2) The number of nursing home beds that were the subject
of a mission change during that fiscal year and the nature
of each such mission change.
‘‘(f ) For purposes of this section:
‘‘(1) The term ‘closure’, with respect to beds in a medical
center, means ceasing to provide staffing for, and to operate,
those beds. Such term includes converting the provision of
such bed care from care in a Department facility to care under
contract arrangements.
‘‘(2) The term ‘bed section’, with respect to a medical center,
means psychiatric beds (including beds for treatment of sub-
stance abuse and post-traumatic stress disorder), intermediate,
neurology, and rehabilitation medicine beds, extended care
(other than nursing home) beds, and domiciliary beds.
‘‘(3) The term ‘justification’, with respect to closure of beds,
means a written report that includes the following:
‘‘(A) An explanation of the reasons for the determina-
tion that the closure is appropriate and advisable.
H. R. 2116—28
‘‘(B) A description of the changes in the functions to
be carried out and the means by which such care and
services would continue to be provided to eligible veterans.
‘‘(C) A description of the anticipated effects of the clo-
sure on veterans and on their access to care.’’.
SEC. 302. PATIENT SERVICES AT DEPARTMENT FACILITIES.
Section 7803 is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a)’’ before ‘‘The canteens’’; and
(B) by striking ‘‘in this subsection;’’ and all that follows
through ‘‘the premises’’ and inserting ‘‘in this section’’; and
(2) by striking subsection (b).
SEC. 303. CHIROPRACTIC TREATMENT.
(a) ESTABLISHMENT
OF PROGRAM.—Not later than 120 days
after the date of the enactment of this Act, the Under Secretary
for Health of the Department of Veterans Affairs, after consultation
with chiropractors, shall establish a policy for the Veterans Health
Administration regarding the role of chiropractic treatment in the
care of veterans under chapter 17 of title 38, United States Code.
(b) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘chiropractic treatment’’ means the manual
manipulation of the spine performed by a chiropractor for the
treatment of such musculo-skeletal conditions as the Secretary
considers appropriate.
(2) The term ‘‘chiropractor’’ means an individual who—
(A) is licensed to practice chiropractic in the State
in which the individual performs chiropractic services; and
(B) holds the degree of doctor of chiropractic from
a chiropractic college accredited by the Council on Chiro-
practic Education.
SEC. 304. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING
AT IOANNIS A. LOUGARIS DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER, RENO, NEVADA.
The hospital bed replacement building under construction at
the Ioannis A. Lougaris Department of Veterans Affairs 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.
TITLE IV—CONSTRUCTION AND
FACILITIES MATTERS
SEC. 401. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
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 Depart-
ment of Veterans Affairs Medical Center, Lebanon, Pennsyl-
vania, in an amount not to exceed $14,500,000.
(2) Renovations and environmental improvements at the
Department of Veterans Affairs Medical Center, Fargo, North
Dakota, in an amount not to exceed $12,000,000.
H. R. 2116—29
(3) Construction of a surgical suite and post-anesthesia
care unit at the Department of Veterans Affairs Medical Center,
Kansas City, Missouri, in an amount not to exceed $13,000,000.
(4) Renovations and environmental improvements at the
Department of Veterans Affairs Medical Center, Atlanta,
Georgia, in an amount not to exceed $12,400,000.
(5) Demolition of buildings at the Dwight D. Eisenhower
Department of Veterans Affairs Medical Center, Leavenworth,
Kansas, in an amount not to exceed $5,600,000.
(6) Renovation to provide a domiciliary at Orlando, Florida,
in a total amount not to exceed $2,400,000, to be derived
only from funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2000 that remain available
for obligation.
SEC. 402. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
medical facilities as follows:
(1) Lease of an outpatient clinic, Lubbock, Texas, in an
amount not to exceed $1,112,000.
(2) Lease of a research building, San Diego, California,
in an amount not to exceed $1,066,500.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 2000 and for fiscal
year 2001—
(1) 
for 
the 
Construction, 
Major 
Projects, 
account
$57,500,000 for the projects authorized in paragraphs (1)
through (5) of section 401; and
(2) for the Medical Care account, $2,178,500 for the leases
authorized in section 402.
(b) LIMITATION.—The projects authorized in paragraphs (1)
through (5) of section 401 may only be carried out using—
(1) funds appropriated for fiscal year 2000 or fiscal year
2001 pursuant to the authorization of appropriations in sub-
section (a);
(2) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2000 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects,
for fiscal year 2000 for a category of activity not specific to
a project.
TITLE V—BENEFITS AND EMPLOYMENT
MATTERS
Subtitle A—Compensation and DIC
SEC. 501. DEPENDENCY AND INDEMNITY COMPENSATION FOR SUR-
VIVING SPOUSES OF FORMER PRISONERS OF WAR.
(a) SHORT TITLE.—This section may be cited as the ‘‘John
William Rolen Act’’.
(b) ELIGIBILITY.—Section 1318(b) is amended—
(1) by striking ‘‘that either—’’ in the matter preceding
paragraph (1) and inserting ‘‘rated totally disabling if—’’;
H. R. 2116—30
(2) in paragraph (1)—
(A) by inserting ‘‘the disability’’ after ‘‘(1)’’; and
(B) by striking ‘‘or’’ after ‘‘death;’’;
(3) in paragraph (2)—
(A) by striking ‘‘if so rated for a lesser period, 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’’; and
(4) 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 the disability was continuously
rated totally disabling for a period of not later than one year
immediately preceding death.’’.
SEC. 502. REINSTATEMENT OF CERTAIN BENEFITS FOR REMARRIED
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 veteran 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 deter-
mines 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 specified 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 remarriage,
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 described in that para-
graph.
‘‘(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 assistance.
‘‘(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.
(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 subsection (a), for any period before
the effective date specified in subsection (c).
H. R. 2116—31
SEC. 503. 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.’’.
Subtitle B—Employment
SEC. 511. CLARIFICATION OF VETERANS’ CIVIL SERVICE EMPLOYMENT
OPPORTUNITIES.
(a) COORDINATION OF AMENDMENTS.—If the Federal Reserve
Board Retirement Portability Act is enacted before this Act, the
amendments made by subsection (b) shall be made and the amend-
ments made by subsection (c) shall not be made. Otherwise, the
amendments made by subsection (c) shall be made and the amend-
ments made by subsection (b) and the amendments made by section
204 of the Federal Reserve Board Retirement Portability Act shall
not be made.
(b) CLARIFICATION OF CIVIL SERVICE EMPLOYMENT OPPORTUNI-
TIES.—Subject to subsection (a), section 3304(f ) of title 5, United
States Code, as amended by section 204 of the Federal Reserve
Board Retirement Portability Act, is amended—
(1) in paragraph (2), as added by such section, by striking
‘‘shall acquire competitive status and’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) The Office of Personnel Management shall prescribe regula-
tions necessary for the administration of this subsection. The regula-
tions shall ensure that an individual who has completed an initial
tour of active duty is not excluded from the application of this
subsection because of having been released from such tour of duty
shortly before completing 3 years of active service, having been
honorably released from such duty.’’.
(c) CLARIFICATION OF CIVIL SERVICE EMPLOYMENT OPPORTUNI-
TIES.—Subject to subsection (a), section 3304(f ) of title 5, United
States Code, is amended—
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) If selected, a preference eligible or veteran described in
paragraph (1) shall receive a career or career-conditional appoint-
ment, as appropriate.’’; and
(4) by adding at the end the following new paragraph:
‘‘(5) The Office of Personnel Management shall prescribe regula-
tions necessary for the administration of this subsection. The regula-
tions shall ensure that an individual who has completed an initial
tour of active duty is not excluded from the application of this
subsection because of having been released from such tour of duty
shortly before completing 3 years of active service, having been
honorably released from such duty.’’.
(d) EFFECTIVE DATE.—(1) If pursuant to subsection (a) the
amendments specified in subsection (b) are made, those amend-
ments shall apply as if included in section 204 of the Federal
Reserve Board Retirement Portability Act.
H. R. 2116—32
(2) If pursuant to subsection (a) the amendments specified
in subsection (c) are made, those amendments shall take effect
as of October 31, 1998, as if included in subsection (f ) of section
3304 of title 5, United States Code, as enacted by section 2 of
the Veterans Employment Opportunities Act of 1998 (Public Law
105–339; 112 Stat. 3182).
TITLE VI—MEMORIAL AFFAIRS
MATTERS
Subtitle A—American Battle Monuments
Commission
SEC. 601. CODIFICATION AND EXPANSION OF AUTHORITY FOR WORLD
WAR II MEMORIAL.
(a) CODIFICATION
OF
EXISTING
AUTHORITY; EXPANSION
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 Columbia
‘‘(a) SOLICITATION
AND ACCEPTANCE
OF CONTRIBUTIONS.—(1)
Consistent with its authority under section 2103(e) of this title,
the American Battle Monuments Commission shall solicit and
accept contributions for the World War II memorial.
‘‘(2) In this section, the term ‘World War II memorial’ means
the memorial authorized by Public Law 103–32 (40 U.S.C. 1003
note) to be established by the Commission on Federal 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 United States in that war.
‘‘(b) 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 proceeds credited,
under paragraph (2).
‘‘(B) Obligations obtained under paragraph (3).
‘‘(C) The amount of surcharges paid to the Commission
for the World War II memorial under the World War II 50th
Anniversary Commemorative Coins Act (31 U.S.C. 5112 note).
‘‘(D) Amounts borrowed using the authority provided under
subsection (d).
‘‘(E) Any funds received by the Commission under section
2114 of this title in exchange for use of, or the right to use,
any mark, copyright or patent.
‘‘(2) The Chairman of the Commission shall deposit in the
fund the amounts accepted as contributions under subsection (a).
The Secretary of the Treasury shall credit to the fund the interest
on, and the proceeds from sale or redemption of, obligations held
in the fund.
‘‘(3) The Secretary of the Treasury shall invest any portion
of the fund that, as determined by the Chairman, is not required
to meet current expenses. Each investment shall be made in an
interest-bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that,
H. R. 2116—33
as determined by the Chairman, 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 mainte-
nance, with respect to the World War II memorial 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 assure 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 Treasury of the United States in
such amounts as the Commission considers necessary, but not to
exceed a total of $65,000,000. Borrowed amounts shall bear interest
at a rate determined by the Secretary of the Treasury, taking
into consideration the average market yield on outstanding market-
able obligations of the United States of comparable maturities
during the month preceding the month in which the obligations
of the Commission are issued. The interest payments on such obliga-
tions may be deferred with the approval of the Secretary, but
any interest payment so deferred shall also bear interest.
‘‘(2) The borrowing of money by the Commission under para-
graph (1) shall be subject to such maturities, terms, and conditions
as may be agreed upon by the Commission and the Secretary,
except that the maturities may not exceed 20 years and such
borrowings may be redeemable at the option of the Commission
before maturity.
‘‘(3) The obligations of the Commission shall be issued in
amounts and at prices approved by the Secretary. The authority
of the Commission to issue obligations 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 Sec-
retary of the Treasury may use as a public debt transaction of
the United States the proceeds from the sale of any securities
issued under chapter 31 of title 31. The purposes for which securi-
ties may be issued under such chapter are extended to include
any purchase of the Commission’s obligations under this subsection.
‘‘(4) Repayment of the interest and principal on any funds
borrowed by the Commission under paragraph (1) shall be made
from amounts in the fund. The Commission may not use for such
purpose any funds appropriated for any other activities of the
Commission.
‘‘(e) TREATMENT OF BORROWING AUTHORITY.—In determining
whether the Commission has sufficient funds to complete construc-
tion of the World War II memorial, as required by section 8 of
the Commemorative Works Act (40 U.S.C. 1008), the Secretary
of the Interior shall consider the funds that the Commission may
borrow from the Treasury under subsection (d) as funds available
H. R. 2116—34
to complete construction of the memorial, whether or not the
Commission has actually exercised the authority to borrow such
funds.
‘‘(f ) VOLUNTARY SERVICES.—(1) Notwithstanding section 1342
of title 31, the Commission may accept from any person voluntary
services to be provided in 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, relating to tort claims. A volunteer
who is not otherwise employed by the United States shall not
be considered to be a Federal employee for any other purpose
by reason of the provision of such voluntary service, except that
any volunteer given responsibility for the handling of funds or
the carrying out of a Federal function is subject to the conflict
of interest laws contained in chapter 11 of title 18 and the adminis-
trative standards of conduct contained in part 2635 of title 5 of
the Code of Federal Regulations.
‘‘(3) The Commission may provide for reimbursement of inci-
dental expenses that are incurred by a person providing voluntary
services under this subsection. The Commission shall determine
those expenses that are eligible for reimbursement under this para-
graph.
‘‘(4) Nothing in this subsection shall be construed to require
any Federal employee to work without compensation or to allow
the use of volunteer services to displace or replace any Federal
employee.
‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A contract entered
into by the Commission for the design or construction of the World
War II memorial is not a funding agreement as that term is defined
in section 201 of title 35.
‘‘(h) EXTENSION OF AUTHORITY TO ESTABLISH MEMORIAL.—Not-
withstanding section 10 of the Commemorative Works Act (40
U.S.C. 1010), the authority for the construction of the World War
II memorial provided by Public Law 103–32 (40 U.S.C. 1003 note)
expires on December 31, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2113. World War II memorial in the District of Columbia.’’.
(b) CONFORMING AMENDMENTS.—Public Law 103–32 (40 U.S.C.
1003 note) is amended by striking sections 3, 4, and 5.
(c) EFFECT OF REPEAL OF CURRENT MEMORIAL FUND.—Upon
the enactment of this Act, the Secretary of the Treasury shall
transfer amounts in the fund created by section 4(a) of Public
Law 103–32 (40 U.S.C. 1003 note) to the fund created by section
2113(b) of title 36, United States Code, as added by subsection
(a).
SEC. 602. GENERAL AUTHORITY TO SOLICIT AND RECEIVE CONTRIBU-
TIONS.
Subsection (e) of section 2103 of title 36, United States Code,
is amended to read as follows:
‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBUTIONS.—(1) The
Commission may solicit and receive funds and in-kind donations
and gifts from any State, municipal, or private source to carry
H. R. 2116—35
out the purposes of this chapter. The Commission shall deposit
such funds in a separate account in the Treasury. Funds from
that account shall be disbursed upon vouchers approved by the
Chairman of the Commission.
‘‘(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 member or 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.’’.
SEC. 603. INTELLECTUAL PROPERTY AND RELATED ITEMS.
(a) IN GENERAL.—Chapter 21 of title 36, United States Code,
as amended by section 601(a)(1), is further amended by adding
at the end the following new section:
‘‘§ 2114. Intellectual property and related items
‘‘(a) AUTHORITY TO USE AND REGISTER INTELLECTUAL PROP-
ERTY.—The American Battle Monuments Commission may—
‘‘(1) adopt, use, register, and license trademarks, service
marks, and other marks;
‘‘(2) obtain, use, register, and license the use of copyrights
consistent with section 105 of title 17;
‘‘(3) obtain, use, and license patents; and
‘‘(4) accept gifts of marks, copyrights, patents, and licenses
for use by the Commission.
‘‘(b) AUTHORITY TO GRANT LICENSES.—The Commission may
grant exclusive and nonexclusive licenses in connection with any
mark, copyright, patent, or license for the use of such mark, copy-
right or patent, except to the extent the grant of such license
by the Commission would be contrary to any contract or license
by which the use of the mark, copyright, or patent was obtained.
‘‘(c) ENFORCEMENT AUTHORITY.—The Commission may enforce
any mark, copyright, or patent by an action in the district courts
under any law providing for the protection of such marks, copy-
rights, or patents.
‘‘(d) LEGAL REPRESENTATION.—The Attorney General shall fur-
nish the Commission with such legal representation as the Commis-
sion may require under subsection (c). The Secretary of Defense
shall provide representation for the Commission in administrative
proceedings before the Patent and Trademark Office and Copyright
Office.
‘‘(e) IRREVOCABILITY OF TRANSFERS OF COPYRIGHTS TO COMMIS-
SION.—Section 203 of title 17 shall not apply to any copyright
transferred in any manner to the Commission.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter, as amended by section 601(a)(2), is further
amended by adding at the end the following new item:
‘‘2114. Intellectual property and related items.’’.
H. R. 2116—36
SEC. 604. TECHNICAL AMENDMENTS.
Chapter 21 of title 36, United States Code, is amended as
follows:
(1) Section 2101(b) is amended—
(A) by striking ‘‘title 37, United States Code,’’ in para-
graph (2) and inserting ‘‘title 37’’; and
(B) by striking ‘‘title 5, United States Code,’’ in para-
graph (3) and inserting ‘‘title 5’’.
(2) Section 2102(a)(1) is amended, by striking ‘‘title 5,
United States Code’’ and inserting ‘‘title 5’’.
(3) Section 2103 is amended—
(A) by striking ‘‘title 31, United States Code’’ in sub-
section (h)(2)(A)(i) and inserting ‘‘title 31’’;
(B) by striking ‘‘title 44, United States Code’’ in sub-
section (i) and inserting ‘‘title 44’’; and
(C) by striking ‘‘chairman’’ each place it appears and
inserting ‘‘Chairman’’.
Subtitle B—National Cemeteries
SEC. 611. ESTABLISHMENT OF ADDITIONAL NATIONAL CEMETERIES.
(a) ESTABLISHMENT.—The Secretary shall establish, in accord-
ance with chapter 24 of title 38, United States Code, a national
cemetery in each of the six areas in the United States that the
Secretary determines to be most in need of such a cemetery to
serve the needs of veterans and their families.
(b) OBLIGATION OF FUNDS IN FISCAL YEAR 2000.—The Secretary
shall obligate, from the advance planning fund in the Construction,
Major Projects account appropriated to the Department for fiscal
year 2000, such amounts for costs that the Secretary estimates
are required for the planning and commencement of the establish-
ment of national cemeteries under this section.
(c) REPORTS.—(1) Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to Congress
a report on the establishment of the national cemeteries under
subsection (a). The report shall set forth the following:
(A) The six areas of the United States determined by the
Secretary to be most in need of the establishment of a new
national cemetery.
(B) A schedule for such establishment.
(C) An estimate of the costs associated with such establish-
ment.
(D) The amount obligated from the advance planning fund
under subsection (b).
(2) Not later than one year after the date on which the report
described in paragraph (1) is submitted, and annually thereafter
until the establishment of the national cemeteries under subsection
(a) is complete, the Secretary shall submit to Congress a report
that updates the information included in the report described in
paragraph (1).
SEC. 612. USE OF FLAT GRAVE MARKERS AT SANTA FE NATIONAL
CEMETERY, NEW MEXICO.
Notwithstanding section 2404(c)(2) of title 38, United States
Code, the Secretary may provide for flat grave markers at the
Santa Fe National Cemetery, New Mexico.
H. R. 2116—37
SEC. 613. INDEPENDENT STUDY ON IMPROVEMENTS TO VETERANS’
CEMETERIES.
(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall enter into a contract
with one or more qualified organizations to conduct a study of
national cemeteries described in subsection (b). For purposes of
this section, an entity of Federal, State, or local government is
not a qualified organization.
(b) MATTERS STUDIED.—(1) The study conducted pursuant to
the contract entered into under subsection (a) shall include an
assessment of each of the following:
(A) The one-time repairs required at each national cemetery
under the jurisdiction of the National Cemetery Administration
of the Department of Veterans Affairs to ensure a dignified
and respectful setting appropriate to such cemetery, taking
into account the variety of age, climate, and burial options
at individual national cemeteries.
(B) The feasibility of making standards of appearance of
active national cemeteries, and the feasibility of making stand-
ards of appearance of closed national cemeteries, commensurate
with standards of appearance of the finest cemeteries in the
world.
(C) The number of additional national cemeteries that will
be required for the interment and memorialization in such
cemeteries of individuals qualified under chapter 24 of title
38, United States Code, who die after 2005.
(D) The advantages and disadvantages of the use by the
National Cemetery Administration of flat grave markers and
upright grave markers.
(E) The current condition of flat grave marker sections
at each of the national cemeteries.
(2) In presenting the assessment of additional national ceme-
teries required under paragraph (1)(C), the report shall identify
by five-year period, beginning with 2005 and ending with 2020,
the following:
(A) The number of additional national cemeteries required
during each such five-year period.
(B) With respect to each such five-year period, the areas
in the United States with the greatest concentration of veterans
whose needs are not served by national cemeteries or State
veterans’ cemeteries.
(c) REPORT.—(1) Not later than one year after the date on
which a qualified organization enters into a contract under sub-
section (a), the organization shall submit to the Secretary a report
setting forth the results of the study conducted and conclusions
of the organization with respect to such results.
(2) Not later than 120 days after the date on which a report
is submitted under paragraph (1), the Secretary shall transmit
to the Committees on Veterans’ Affairs of the House of Representa-
tives and the Senate a copy of the report, together with any com-
ments on the report that the Secretary considers appropriate.
H. R. 2116—38
Subtitle C—Burial Benefits
SEC. 621. INDEPENDENT STUDY ON IMPROVEMENTS TO VETERANS’
BURIAL BENEFITS.
(a) STUDY.—Not later than 60 days after the date of the enact-
ment of this Act, the Secretary shall enter into a contract with
one or more qualified organizations to conduct a study of burial
benefits under chapter 23 of title 38, United States Code. For
purposes of this section, an entity of Federal, State, or local govern-
ment is not a qualified organization.
(b) MATTERS STUDIED.—The study conducted pursuant to the
contract entered into under subsection (a) shall include consider-
ation of the following:
(1) An assessment of the adequacy and effectiveness of
the burial benefits administered by the Secretary under chapter
23 of title 38, United States Code, in meeting the burial needs
of veterans and their families.
(2) Options to better serve the burial needs of veterans
and their families, including modifications to burial benefit
amounts and eligibility, together with the estimated cost for
each such modification.
(3) Expansion of the authority of the Secretary to provide
burial benefits for burials in private-sector cemeteries and to
make grants to private-sector cemeteries.
(c) REPORT.—(1) Not later than 120 days after the date on
which a qualified organization enters into a contract under sub-
section (a), the organization shall submit to the Secretary a report
setting forth the results of the study conducted and conclusions
of the organization with respect to those results.
(2) Not later than 60 days after the date on which a report
is submitted under paragraph (1), the Secretary shall transmit
to the Committees on Veterans’ Affairs of the Senate and House
of Representatives a copy of the report, together with any comments
on the report that the Secretary considers appropriate.
TITLE VII—EDUCATION AND HOUSING
MATTERS
Subtitle A—Education Matters
SEC. 701. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR PRE-
PARATORY COURSES FOR COLLEGE AND GRADUATE
SCHOOL ENTRANCE EXAMS.
Section 3002(3) is amended—
(1) by striking ‘‘, and’’ at the end of subparagraph (A)
and inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
‘‘(B) includes—
‘‘(i) a preparatory course for a test that is required
or used for admission to an institution of higher education;
and
H. R. 2116—39
‘‘(ii) a preparatory course for a test that is required
or used for admission to a graduate school; and’’.
SEC. 702. DETERMINATION OF ELIGIBILITY PERIOD FOR MEMBERS
OF THE ARMED FORCES COMMISSIONED FOLLOWING
COMPLETION OF OFFICER TRAINING SCHOOL.
(a) MEASUREMENT OF PERIOD COUNTED FOR GI BILL ELIGI-
BILITY.—Section 3011(f ) is amended—
(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (2) or (3)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) This subsection applies to a member who after a period
of continuous active duty as an enlisted member or warrant officer,
and following successful completion of officer training school, is
discharged in order to accept, without a break in service, a commis-
sion as an officer in the Armed Forces for a period of active duty.’’.
(b) CONFORMING AMENDMENTS FOR TIME LIMITATION FOR USE
OF ELIGIBILITY AND ENTITLEMENT.—Section 3031 is amended—
(1) by redesignating subsection (g) as subsection (h);
(2) in subsection (a)—
(A) by striking ‘‘through (e)’’ and inserting ‘‘through
(g)’’; and
(B) by striking ‘‘subsection (g)’’ and inserting ‘‘sub-
section (h)’’; and
(3) by inserting after subsection (f ) the following new sub-
section:
‘‘(g) In the case of an individual described in section 3011(f )(3)
of this title, the period during which that individual may use
the individual’s entitlement to educational assistance allowance
expires on the last day of the 10-year period beginning on the
date of the enactment of the Veterans Millennium Health Care
and Benefits Act if that date is later than the date that would
otherwise be applicable to that individual under this section.’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act
and apply with respect to an individual first appointed as a commis-
sioned officer on or after July 1, 1985.
SEC. 703. REPORT ON VETERANS’ EDUCATION AND VOCATIONAL
TRAINING BENEFITS PROVIDED BY THE STATES.
(a) REPORT.—(1) Not later than six months after the date
of the enactment of this Act, the Secretary shall 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) Benefits to be considered to be veterans education and
vocational training benefits for the purpose of this section include
any education or vocational training benefit provided by a State
(including any political subdivision of a State) for which persons
are eligible by reason of service in the Armed Forces, including,
in the case of persons who died in the Armed Forces or as a
result of a disease or disability incurred in the Armed Forces,
benefits provided by reason of the service of those persons to their
survivors or dependents.
(3) For purposes of this section, the term ‘‘veteran’’ includes
a person serving on active duty or in one of the reserve components
and a person who died while in the active military, naval, or
air service.
H. R. 2116—40
(b) MATTERS TO BE INCLUDED.—The report under this section
shall include the following:
(1) A description, by State, of the veterans education and
vocational training benefits provided, including—
(A) identification of benefits that are provided specifi-
cally for disabled veterans or for which disabled veterans
receive benefits in a different amount; and
(B) identification of benefits for which survivors of
persons who died in the Armed Forces (or as a result
of a disease or disability incurred in the Armed Forces)
or who were disabled in the Armed Forces are eligible.
(2) For each State that provides a veterans education ben-
efit consisting of full or partial tuition assistance for post-
secondary education, a description of that benefit, including
whether the benefit is limited to tuition for attendance at
an institution of higher education in that State or to tuition
for attendance at a public institution of higher education in
that State.
(3) A description of actions and programs of the Department
of Veterans Affairs, the Department of Defense, the Department
of Education, and the Department of Labor to encourage the
States to provide benefits designed to assist veterans in
securing post-secondary education and vocational training.
(c) CONSULTATION.—The report under this section shall be pre-
pared in consultation with the Secretary of Education, the Secretary
of Defense, and the Secretary of Labor.
(d) STATE DEFINED.—For purposes of this section, the term
‘‘State’’ has the meaning given that term in section 101(20) of
title 38, United States Code.
SEC. 704. TECHNICAL AMENDMENTS.
Sections 3011(i) and 3012(g)(1) are amended by striking
‘‘Federal’’.
Subtitle B—Housing Matters
SEC. 711. EXTENSION OF AUTHORITY FOR HOUSING LOANS FOR MEM-
BERS OF THE SELECTED RESERVE.
Section 3702(a)(2)(E) is amended by striking ‘‘September 30,
2003,’’ and inserting ‘‘September 30, 2007,’’.
SEC. 712. TECHNICAL AMENDMENT RELATING TO TRANSITIONAL
HOUSING LOAN GUARANTEE PROGRAM.
Section 3775 is amended—
(1) by inserting ‘‘(a)’’ before ‘‘During each’’; and
(2) by adding at the end the following new subsection:
‘‘(b) After the first three years of operation of such a multifamily
transitional housing project, the Secretary may provide for periodic
audits of the project.’’.
H. R. 2116—41
TITLE 
VIII—DEPARTMENT 
OF 
VET-
ERANS 
AFFAIRS 
ADMINISTRATIVE
MATTERS
SEC. 801. ENHANCED QUALITY ASSURANCE PROGRAM WITHIN THE
VETERANS BENEFITS ADMINISTRATION.
(a) IN GENERAL.—(1) Chapter 77 is amended by adding at
the end the following new subchapter:
‘‘SUBCHAPTER III—QUALITY ASSURANCE
‘‘§ 7731. Establishment
‘‘(a) The Secretary shall carry out a quality assurance program
in the Veterans Benefits Administration. The program may be
carried out through a single quality assurance division in the
Administration or through separate quality assurance entities for
each of the principal organizational elements (known as ‘services’)
of the Administration.
‘‘(b) The Secretary shall ensure that any quality assurance
entity established and operated under subsection (a) is established
and operated so as to meet generally applicable governmental stand-
ards for independence and internal controls for the performance
of quality reviews of Government performance and results.
‘‘§ 7732. Functions
‘‘The Under Secretary for Benefits, acting through the quality
assurance entities established under section 7731(a), shall on an
ongoing basis perform and oversee quality reviews of the functions
of each of the principal organizational elements of the Veterans
Benefits Administration.
‘‘§ 7733. Personnel
‘‘The Secretary shall ensure that the number of full-time
employees of the Veterans Benefits Administration assigned to
quality assurance functions under this subchapter is adequate to
perform the quality assurance functions for which they have respon-
sibility.
‘‘§ 7734. Annual report to Congress
‘‘The Secretary shall include in the annual report to the Con-
gress required by section 529 of this title a report on the quality
assurance activities carried out under this subchapter. Each such
report shall include—
‘‘(1) an appraisal of the quality of services provided by
the Veterans Benefits Administration, including—
‘‘(A) the number of decisions reviewed;
‘‘(B) a summary of the findings on the decisions
reviewed;
‘‘(C) the number of full-time equivalent employees
assigned to quality assurance in each division or entity;
‘‘(D) specific documentation of compliance with the
standards for independence and internal control required
by section 7731(b) of this title; and
‘‘(E) actions taken to improve the quality of services
provided and the results obtained;
H. R. 2116—42
‘‘(2) information with respect to the accuracy of decisions,
including trends in that information; and
‘‘(3) such other information as the Secretary considers
appropriate.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new items:
‘‘SUBCHAPTER III—QUALITY ASSURANCE
‘‘7731. Establishment.
‘‘7732. Functions.
‘‘7733. Personnel.
‘‘7734. Annual report to Congress.’’.
(b) EFFECTIVE DATE.—Subchapter III of chapter 77 of title
38, United States Code, as added by subsection (a), shall take
effect at the end of the 60-day period beginning on the date of
the enactment of this Act.
SEC. 802. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL
OFFICE IN THE REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ‘‘December 31, 1999’’
and inserting ‘‘December 31, 2003’’.
SEC. 803. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VET-
ERANS.
Section 544(e) is amended by striking ‘‘December 31, 1999’’
and inserting ‘‘December 31, 2003’’.
SEC. 804. TECHNICAL AMENDMENT TO AUTOMOBILE ASSISTANCE PRO-
GRAM.
Section 3903(e)(2) is amended by striking ‘‘(not owned by the
Government)’’.
TITLE IX—HOMELESS VETERANS
PROGRAMS
SEC. 901. HOMELESS VETERANS’ REINTEGRATION PROGRAMS.
(a) IN GENERAL.—Chapter 41 is amended by adding at the
end the following new section:
‘‘§ 4111. Homeless veterans’ reintegration programs
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary of Labor for Veterans’ Employment and Training, shall
conduct, directly or through grant or contract, such programs as
the Secretary determines appropriate to expedite the reintegration
of homeless veterans into the labor force.
‘‘(b) AUTHORITY TO MONITOR EXPENDITURE
OF FUNDS.—The
Secretary may collect such information as the Secretary considers
appropriate to monitor and evaluate the distribution and expendi-
ture of funds appropriated to carry out this section, and such
information shall be furnished to the Secretary in such form as
the Secretary determines appropriate.
‘‘(c) DEFINITION.—For purposes of this section, the term ‘home-
less veteran’ has the meaning given that term by section 3771(2)
of this title.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) There are author-
ized to be appropriated to carry out this section amounts as follows:
‘‘(A) $10,000,000 for fiscal year 2000.
H. R. 2116—43
‘‘(B) $15,000,000 for fiscal year 2001.
‘‘(C) $20,000,000 for fiscal year 2002.
‘‘(D) $20,000,000 for fiscal year 2003.
‘‘(2) Funds obligated for any fiscal year to carry out this section
may be expended in that fiscal year and the succeeding fiscal
year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘4111. Homeless veterans’ reintegration programs.’’.
SEC. 902. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR
HOMELESS VETERANS.
Section 3735(c) is amended by striking ‘‘December 31, 1999’’
and inserting ‘‘December 31, 2003’’.
SEC. 903. HOMELESS VETERANS PROGRAMS.
The Homeless Veterans Comprehensive Service Programs Act
of 1992 (38 U.S.C. 7721 note) is amended as follows:
(1) Section 3(a)(1) is amended by inserting ‘‘, and expanding
existing programs for furnishing,’’ after ‘‘new programs to fur-
nish’’.
(2) Section 3(a)(2) is amended by striking ‘‘September 30,
1999’’ and inserting ‘‘September 30, 2003’’.
(3) Section 3(b)(2) is amended by striking ‘‘and no more
than 20 programs which incorporate the procurement of vans
as described in paragraph (1)’’.
(4) Section 12 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’’.
SEC. 904. PLAN FOR EVALUATION OF PERFORMANCE OF PROGRAMS
TO ASSIST HOMELESS VETERANS.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Veterans’ Affairs of the Senate and the House of Representatives
a report containing a detailed plan for the evaluation by the Depart-
ment of Veterans Affairs of the effectiveness of programs to assist
homeless veterans. The plan shall be prepared in consultation with
the Secretary of Housing and Urban Development and the Secretary
of Labor.
(b) INCLUSION OF OUTCOME MEASURES.—The plan shall include
outcome measures to show whether veterans for whom housing
or employment is secured through one or more of those programs
continue to be housed or employed, as the case may be, after
six months.
TITLE X—UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Court of Appeals for Veterans
Claims Amendments of 1999’’.
H. R. 2116—44
SEC. 1002. DEFINITION.
In this title, the term ‘‘Court’’ means the United States Court
of Appeals for Veterans Claims.
Subtitle A—Transitional Provisions To
Stagger Terms of Judges
SEC. 1011. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES.
(a) RETIREMENT AUTHORIZED.—One eligible judge may retire
in accordance with this section in 2000 or 2001, and one additional
eligible judge may retire in accordance with this section in 2001.
(b) ELIGIBLE JUDGES.—For purposes of this section, an eligible
judge is a judge of the Court (other than the chief judge) who—
(1) has at least 10 years of service creditable under section
7296 of title 38, United States Code;
(2) has made an election to receive retired pay under section
7296 of such title;
(3) has at least 20 years of service described in section
7297(l) of such title; and
(4) is at least 55 years of age.
(c) MULTIPLE ELIGIBLE JUDGES.—If for any year specified in
subsection (a) more than one eligible judge provides notice in accord-
ance with subsection (d), the judge who has the greatest seniority
as a judge of the Court shall be the judge who is eligible to
retire in accordance with this section in that year.
(d) NOTICE.—An eligible judge who desires to retire in accord-
ance with this section with respect to any year covered by subsection
(a) shall provide to the President and the chief judge of the Court
written notice to that effect and stating that the judge agrees
to the temporary service requirements of subsection ( j). Such notice
shall be provided not later than April 1 of that year and shall
specify the retirement date in accordance with subsection (e). Notice
provided under this subsection shall be irrevocable.
(e) DATE OF RETIREMENT.—A judge who is eligible to retire
in accordance with this section shall be retired during the calendar
year as to which notice is provided pursuant to subsection (d),
but not earlier than 30 days after the date on which that notice
is provided pursuant to subsection (d).
(f ) APPLICABLE PROVISIONS.—Except as provided in subsections
(g) and ( j), a judge retired in accordance with this section shall
be considered for all purposes to be retired under section 7296(b)(1)
of title 38, United States Code.
(g) APPLICABILITY OF RECALL STATUS AUTHORITY.—The provi-
sions of section 7257 of this title shall apply to a judge retired
in accordance with this section as if the judge is a judge specified
in subsection (a)(2)(A) of that section.
(h) RATE OF RETIRED PAY.—The rate of retired pay for a judge
retiring in accordance with this section is—
(1) the rate applicable to that judge under section 7296(c)(1)
of title 38, United States Code, multiplied by
(2) the fraction (not in excess of 1) in which—
(A) the numerator is the number of years of service
of the judge as a judge of the Court creditable under
section 7296 of such title; and
(B) the denominator is 15.
H. R. 2116—45
(i) ADJUSTMENTS IN RETIRED PAY FOR JUDGES AVAILABLE FOR
RECALL.—Subject to section 7296(f )(3)(B) of title 38, United States
Code, an adjustment provided by law in annuities payable under
civil service retirement laws shall apply to retired pay under this
section in the case of a judge who is a recall-eligible retired judge
under section 7257 of such title or who was a recall-eligible retired
judge under that section and was removed from recall status under
subsection (b)(4) of that section by reason of disability.
( j) DUTY OF ACTUARY.—Section 7298(e)(2) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) For purposes of subparagraph (B), the term ‘present value’
includes a value determined by an actuary with respect to a pay-
ment that may be made under subsection (b) from the retirement
fund within the contemplation of law.’’.
(k) TRANSITIONAL SERVICE
OF JUDGE RETIRED UNDER THIS
SECTION.—(1) A judge who retires under this section shall continue
to serve on the Court during the period beginning on the effective
date of the judge’s retirement under subsection (e) and ending
on the earlier of—
(A) the date on which a person is appointed to the position
on the Court vacated by the judge’s retirement; and
(B) the date on which the judge’s original appointment
to the court would have expired.
(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.
(3) 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 period of service under this subsection at the
rate that is the difference between the current rate of pay for
a judge of the Court and the rate of the judge’s retired pay under
subsection (g).
(4) Amounts paid under paragraph (3)—
(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 receipt 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 contributions
for or on behalf of the person to retired pay under sub-
chapter V of chapter 72 of title 38, United States Code,
or under chapter 83 or 84 of title 5, United States Code,
as applicable; but
(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 annuity, 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.
(5) Amounts paid under paragraph (3) shall be derived from
amounts available for payment of salaries and benefits of judges
of the Court.
H. R. 2116—46
(6) The service as a judge of the Court under this subsection
of a person who makes an election provided for under paragraph
(4)(B) shall constitute 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 purposes
if served by a judge of the Court under chapter 72 of that title.
For purposes of subsection (k)(3) of that section, the average annual
pay for such service shall be the sum of the judge’s retired pay
and the amount paid under paragraph (3) of this subsection.
(7) In the case of such a person who makes an election provided
for under paragraph (4)(B), upon the termination of the service
of that person as a judge of the Court under this subsection,
the retired pay of that person under subsection (g) shall be recom-
puted to reflect the additional period of service served under this
subsection.
(l) TREATMENT OF POLITICAL PARTY MEMBERSHIP.—For pur-
poses of determining compliance with the last sentence of section
7253(b) of title 38, United States Code, the political party member-
ship of a judge serving on the Court under subsection ( j) shall
not be taken into account.
SEC. 1012. MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO
THE COURT.
(a) MODIFIED TERMS.—The term of office of the first two judges
appointed to the Court after the date of the enactment of this
Act shall be 13 years (rather than the period specified in section
7253(c) of title 38, United States Code).
(b) ELIGIBILITY FOR RETIREMENT.—(1) For purposes of deter-
mining the eligibility to retire under section 7296 of title 38, United
States Code, of the two judges of the Court whose term of office
is determined under subsection (a)—
(A) the age and service requirements in the table in para-
graph (2) shall apply to those judges rather than the otherwise
applicable age and service requirements specified in the table
in subsection (b)(1) of that section; and
(B) the minimum years of service applicable to those judges
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 paragraph 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 .....................................................................................................
10.
Subtitle B—Other Matters Relating to
Retired Judges
SEC. 1021. RECALL OF RETIRED JUDGES.
(a) AUTHORITY TO RECALL RETIRED JUDGES.—Chapter 72 is
amended by inserting after section 7256 the following new section:
H. R. 2116—47
‘‘§ 7257. Recall of retired judges
‘‘(a)(1) A retired judge of the Court may be recalled for further
service on the Court in accordance with this section. To be eligible
to be recalled for such service, a retired judge must at the time
of the judge’s retirement provide to the chief judge of the Court
(or, in the case of the chief judge, to the clerk of the Court)
notice in writing that the retired judge is available for further
service on the Court in accordance with this section and is willing
to be recalled under this section. Such a notice provided by a
retired judge is irrevocable.
‘‘(2) For the purposes of this section—
‘‘(A) a retired judge is a judge of the Court of Appeals
for Veterans Claims who retires from the Court under section
7296 of this title or under chapter 83 or 84 of title 5; and
‘‘(B) a recall-eligible retired judge is a retired judge who
has provided a notice under paragraph (1).
‘‘(b)(1) The chief judge may recall for further service on the
Court a recall-eligible retired judge in accordance with this section.
Such a recall shall be made upon written certification by the chief
judge that substantial service is expected to be performed by the
retired judge for such period, not to exceed 90 days (or the equiva-
lent), as determined by the chief judge to be necessary to meet
the needs of the Court.
‘‘(2) A recall-eligible retired judge may not be recalled for more
than 90 days (or the equivalent) during any calendar year without
the judge’s consent or for more than a total of 180 days (or the
equivalent) during any calendar year.
‘‘(3) If a recall-eligible retired judge is recalled by the chief
judge in accordance with this section and (other than in the case
of a judge who has previously during that calendar year served
at least 90 days (or the equivalent) of recalled service on the
court) declines (other than by reason of disability) to perform the
service to which recalled, the chief judge shall remove that retired
judge from the status of a recall-eligible judge.
‘‘(4) A recall-eligible retired judge who becomes permanently
disabled and as a result of that disability is unable to perform
further service on the Court shall be removed from the status
of a recall-eligible judge. Determination of such a disability shall
be made pursuant to section 7253(g) or 7296(g) of this title.
‘‘(c) A retired judge who is recalled under this section may
exercise all of the judicial powers and duties of the office of a
judge in active service.
‘‘(d)(1) The pay of a recall-eligible retired judge who retired
under section 7296 of this title is specified in subsection (c) of
that section.
‘‘(2) A judge who is recalled under this section who retired
under chapter 83 or 84 of title 5 shall be paid, during the period
for which the judge serves in recall status, pay at the rate of
pay in effect under section 7253(e) of this title for a judge performing
active service, less the amount of the judge’s annuity under the
applicable provisions of chapter 83 or 84 of title 5.
‘‘(e)(1) Except as provided in subsection (d), a judge who is
recalled under this section who retired under chapter 83 or 84
of title 5 shall be considered to be a reemployed annuitant under
that chapter.
H. R. 2116—48
‘‘(2) Nothing in this section affects the right of a judge who
retired under chapter 83 or 84 of title 5 to serve as a reemployed
annuitant in accordance with the provisions of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 7256 the following new item:
‘‘7257. Recall of retired judges.’’.
SEC. 1022. JUDGES’ RETIRED PAY.
(a) IN GENERAL.—Subsection (c)(1) of section 7296 is amended
by striking ‘‘at the rate of pay in effect at the time of retirement.’’
and inserting the following: ‘‘as follows:
‘‘(A) In the case of a judge who is a recall-eligible retired
judge under section 7257 of this title or who was a recall-
eligible retired judge under that section and was removed from
recall status under subsection (b)(4) of that section by reason
of disability, the retired pay of the judge shall be the pay
of a judge of the court.
‘‘(B) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of avail-
ability for service in a recalled status, the retired pay of the
judge shall be the rate of pay applicable to that judge at
the time of retirement.
‘‘(C) In the case of a judge who was a recall-eligible retired
judge under section 7257 of this title and was removed from
recall status under subsection (b)(3) of that section, the retired
pay of the judge shall be the pay of the judge at the time
of the removal from recall status.’’.
(b) COST-OF-LIVING ADJUSTMENTS.—Subsection (f ) of such sec-
tion is amended by adding at the end the following new paragraph:
‘‘(3)(A) A cost-of-living adjustment provided by law in annuities
payable under civil service retirement laws shall apply to retired
pay under this section only in the case of retired pay computed
under paragraph (2) of subsection (c).
‘‘(B) If such a cost-of-living adjustment would (but for this
subparagraph) result in the retired pay of a retired judge being
in excess of the annual rate of pay in effect for judges of the
Court as provided in section 7253(e) of this title, such adjustment
may be made only in such amount as results in the retired pay
of the retired judge being equal to that annual rate of pay (as
in effect on the effective date of such adjustment).’’.
SEC. 1023. SURVIVOR ANNUITIES.
(a) SURVIVING SPOUSE.—Subsection (a)(5) of section 7297 is
amended by striking ‘‘two years’’ and inserting ‘‘one year’’.
(b) ELECTION TO PARTICIPATE.—Subsection (b) of such section
is amended in the first sentence by inserting before the period
‘‘or within six months after the date on which the judge marries
if the judge has retired under section 7296 of this title’’.
(c) REDUCTION IN CONTRIBUTIONS.—Subsection (c) of such sec-
tion is amended by striking ‘‘3.5 percent of the judge’s pay’’ and
inserting ‘‘that percentage of the judge’s pay that is the same
as provided for the deduction from the salary or retirement salary
of a judge of the United States Court of Federal Claims for the
purpose of a survivor annuity under section 376(b)(1)(B) of title
28’’.
H. R. 2116—49
(d) INTEREST PAYMENTS.—Subsection (d) of such section is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The interest required under the first sentence of paragraph
(1) shall not be required for any period—
‘‘(A) during which a judge was separated from any service
described in section 376(d)(2) of title 28; and
‘‘(B) during which the judge was not receiving retired pay
based on service as a judge or receiving any retirement salary
as described in section 376(d)(1) of title 28.’’.
(e) SERVICE ELIGIBILITY.—(1) Subsection (f ) of such section
is amended—
(A) in paragraph (1), in the matter preceding subparagraph
(A)—
(i) by striking ‘‘at least 5 years’’ and inserting ‘‘at
least 18 months’’; and
(ii) by striking ‘‘last 5 years’’ and inserting ‘‘last 18
months’’; and
(B) by adding at the end the following new paragraph:
‘‘(5) If a judge dies as a result of an assassination and leaves
a survivor or survivors who are otherwise entitled to receive annuity
payments under this section, the 18-month requirement in the
matter in paragraph (1) preceding subparagraph (A) shall not
apply.’’.
(2) Subsection (a) of such section is further amended—
(A) in paragraph (2), by inserting ‘‘who is in active service
or who has retired under section 7296 of this title’’ after ‘‘Court’’;
(B) in paragraph (3), by striking ‘‘7296(c)’’ and inserting
‘‘7296’’; and
(C) by adding at the end the following new paragraph:
‘‘(8) The term ‘assassination’ as applied to a judge shall
have the meaning provided that term in section 376(a)(7) of
title 28 as applied to a judicial official.’’.
(f ) AGE REQUIREMENT OF SURVIVING SPOUSE.—Subsection (f )
of such section is further amended by striking ‘‘or following the
surviving spouse’s attainment of the age of 50 years, whichever
is the later’’ in paragraph (1)(A).
SEC. 1024. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) IN GENERAL.—Chapter 72 is amended by adding at the
end the following new section:
‘‘§ 7299. Limitation on activities of retired judges
‘‘(a) A retired judge of the Court who is recall-eligible under
section 7257 of this title and who in the practice of law represents
(or supervises or directs the representation of ) a client in making
any claim relating to veterans’ benefits against the United States
or any agency thereof shall, pursuant to such section, be considered
to have declined recall service and be removed from the status
of a recall-eligible judge. The pay of such a judge, pursuant to
section 7296 of this title, shall be the pay of the judge at the
time of the removal from recall status.
‘‘(b) A recall-eligible judge shall be considered to be an officer
or employee of the United States, but only during periods when
the judge is serving in recall status. Any prohibition, limitation,
or restriction that would otherwise apply to the activities of a
H. R. 2116—52
SEC. 1102. PLAN FOR PAYMENT OF VOLUNTARY SEPARATION INCEN-
TIVE PAYMENTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall, before
obligating any funds for the payment of voluntary separation incen-
tive payments under this title, submit to the Director of the Office
of Management and Budget an operational plan outlining the pro-
posed use of such incentive payments and a proposed organizational
chart for the elements of the Department of Veterans Affairs covered
by the plan once the payment of such incentive payments has
been completed.
(b) CONTENTS.—The plan under subsection (a) shall—
(1) take into account the limitations on elements, and per-
sonnel within elements, of the Department specified in sub-
section (c);
(2) specify the positions to be reduced or eliminated and
functions to be restructured or reorganized, identified by ele-
ment of the Department, geographic location, occupational cat-
egory, and grade level;
(3) specify the manner in which the plan will improve
operating efficiency, or meet actual or anticipated levels of
budget or staffing resources, of each element covered by the
plan and of the Department generally; and
(4) include a description of how each element of the Depart-
ment covered by the plan will operate without the functions
or positions affected by the implementation of the plan.
(c) LIMITATION ON ELEMENTS AND PERSONNEL.—The plan under
subsection (a) shall be limited to the elements of the Department,
and the number of positions within such elements, as follows:
(1) The Veterans Health Administration, 4,400 positions.
(2) The Veterans Benefits Administration, 240 positions.
(3) Department of Veterans Affairs Staff Offices, 45 posi-
tions.
(4) The National Cemetery Administration, 15 positions.
(d) APPROVAL.—(1) The Director of the Office of Management
and Budget shall approve or disapprove the plan submitted under
subsection (a).
(2) In approving the plan, the Director may make such modifica-
tions to the plan as the Director considers appropriate with respect
to the following:
(A) The number and amounts of voluntary incentive pay-
ments that may be paid under the plan.
(B) Any other matter that the Director considers appro-
priate.
(3) In the event of the disapproval of a plan by the Director
under paragraph (1), the Secretary may modify and resubmit the
plan to the Director. The provisions of this section shall apply
to any plan submitted to the Director under this paragraph as
if such plan were the initial plan submitted to the Director under
subsection (a).
SEC. 1103. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) AUTHORITY TO PAY VOLUNTARY SEPARATION INCENTIVE PAY-
MENTS.—(1) The Secretary may pay a voluntary separation incentive
payment to an eligible employee only—
(A) to the extent necessary to reduce or restructure the
positions and functions identified by the plan approved under
section 1102; and
H. R. 2116—53
(B) if the Under Secretary concerned, or the head of the
staff office concerned, approves the payment of the voluntary
separation incentive payment to that employee.
(2) In order to receive a voluntary separation incentive payment
under this title, an employee must separate from service with
the Department voluntarily (whether by retirement or resignation)
under the provisions of this title.
(b) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary sepa-
ration incentive payment—
(1) shall be paid in a lump sum after the employee’s separa-
tion under this title;
(2) shall be in an amount equal to the lesser of—
(A) an amount equal to the amount the employee would
be entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment
under that section (without adjustment for any previous
payment made under that section); or
(B) an amount determined by the Secretary, not to
exceed $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(4) shall not be taken into account in determining the
amount of severance pay to which an employee may be entitled
under section 5595 of title 5, United States Code, based on
any other separation.
(c) SOURCE OF FUNDS.—Voluntary separation incentive pay-
ments under this title shall be paid from the appropriations or
funds available for payment of the basic pay of the employees
of the Department.
SEC. 1104. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.
(a) REPAYMENT UPON REEMPLOYMENT.—Except as provided in
subsection (b), an individual who is paid a voluntary separation
incentive payment under this title and who subsequently accepts
employment with the Government within five years after the date
of the separation on which the payment is based shall be required
to repay to the Secretary, before the individual’s first day of such
employment, the entire amount of the voluntary separation incen-
tive payment paid to the individual under this title.
(b) WAIVER AUTHORITY FOR CERTAIN INDIVIDUALS.—(1) If the
employment of an individual under subsection (a) is with an Execu-
tive agency (as defined by section 105 of title 5, United States
Code), the United States Postal Service, or the Postal Rate Commis-
sion, the Director of the Office of Personnel Management may,
at the request of the head of such agency, waive repayment by
the individual under that subsection if the individual possesses
unique abilities and is the only qualified applicant available for
the position.
(2) If the employment of an individual under subsection (a)
is with an entity in the legislative branch, the head of the entity
or the appointing official may waive repayment by the individual
under that subsection if the individual involved possesses unique
abilities and is the only qualified applicant available for the position.
(3) If the employment of an individual under subsection (a)
is with the judicial branch, the Director of the Administrative
H. R. 2116—54
Office of the United States Courts may waive repayment by the
individual under that subsection if the individual involved possesses
unique abilities and is the only qualified applicant available for
the position.
(c) EMPLOYMENT DEFINED.—for purposes of this section, the
term ‘‘employment’’ includes—
(1) for purposes of subsections (a) and (b), employment
of any length or under any type of appointment, but does
not include employment that is without compensation; and
(2) for purposes of subsection (a), employment with any
agency of the Government through a personal services contract.
SEC. 1105. ADDITIONAL AGENCY CONTRIBUTIONS TO CIVIL SERVICE
RETIREMENT AND DISABILITY FUND.
(a) REQUIREMENT.—In addition to any other payments which
it is required to make under subchapter III of chapter 83 or chapter
84 of title 5, United States Code, the Secretary shall remit to
the Office of Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 26 percent of the final
basic pay of each employee of the Department who is covered
under subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, to whom a voluntary separation incentive is paid
under this title.
(b) FINAL BASIC PAY DEFINED.—For purposes of this section,
the term ‘‘final basic pay’’, with respect to an employee, means
the total amount of basic pay that would be payable for a year
of service by the employee, computed using the employee’s final
rate of basic pay, and, if last serving on other than a full-time
basis, with appropriate adjustment therefor.
SEC. 1106. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d) of title 5, United States Code, is amended—
(1) in paragraph (1)(A), by striking ‘‘paragraph (4)’’ and
inserting ‘‘paragraphs (4) and (5)’’;
(2) in paragraph (2), by striking ‘‘(1) or (4)’’ and inserting
‘‘(1), (4), or (5)’’; and
(3) by adding at the end the following new paragraph:
‘‘(5)(A) If the basis for continued coverage under this section
is an involuntary separation from a position in or under the Depart-
ment of Veterans Affairs due to a reduction in force or a title
38 staffing readjustment—
‘‘(i) the individual shall be liable for not more than the
employee contributions referred to in paragraph (1)(A)(i); and
‘‘(ii) the agency which last employed the individual shall
pay the remaining portion of the amount required under para-
graph (1)(A).
‘‘(B) This paragraph shall only apply with respect to individuals
whose continued coverage is based on a separation occurring on
or after the date of the enactment of this paragraph.’’.
SEC. 1107. PROHIBITION OF REDUCTION OF FULL-TIME EQUIVALENT
EMPLOYMENT LEVEL.
(a) PROHIBITION.—The total full-time equivalent employment
in the Department may not be reduced by reason of the separation
of an employee (or any combination of employees) receiving a vol-
untary separation incentive payment under this title.
H. R. 2116—55
(b) ENFORCEMENT.—The President, through the Office of
Management and Budget, shall monitor the Department and take
any action necessary to ensure that the requirements of this section
are met.
SEC. 1108. REGULATIONS.
The Director of the Office of Personnel Management may pre-
scribe any regulations necessary to administer this title.
SEC. 1109. LIMITATION; SAVINGS CLAUSE.
(a) LIMITATION.—No voluntary separation incentive payment
may be paid under this title based on the separation of an employee
after December 31, 2000.
(b) RELATIONSHIP
TO OTHER AUTHORITY.—This title supple-
ments and does not supersede any other authority of the Secretary
to pay voluntary separation incentive payments to employees of
the Department.
SEC. 1110. ELIGIBLE EMPLOYEES.
For purposes of this title:
(1) IN GENERAL.—Except as provided in paragraph (2), the
term ‘‘eligible employee’’ means an employee (as defined by
section 2105 of title 5, United States Code) of the Department
of Veterans Affairs, who is serving under an appointment with-
out time limitation and has been employed by the Department
as of the date of separation under this title for a continuous
period of at least three years.
(2) EXCEPTIONS.—Such term does not include the following:
(A) A reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment.
(B) An employee having a disability on the basis of
which such employee is eligible for disability retirement
under subchapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement system for
employees of the Government.
(C) An employee who is in receipt of a specific notice
of involuntary separation for misconduct or unacceptable
performance.
(D) An employee who previously has received any vol-
untary separation incentive payment by the Government
under this title or any other authority.
(E) An employee covered by statutory reemployment
rights who is on transfer to another organization.
(F) An employee who, during the 24-month period pre-
ceding the date of separation, has received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or a recruitment bonus under section 7458
of title 38, United States Code.
(G) An employee who, during the 12-month period
preceding the date of separation, received a retention allow-
ance under section 5754 of title 5, United States Code,
or a retention bonus under section 458 of title 38, United
States Code.
H. R. 2116—56
(H) An employee who, during the 24-month period
preceding the date of separation, was relocated at the
expense of the Federal Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.