$65,000,000. Borrowed amounts shall bear interest at a
rate determined by the Secretary of the Treasury, taking
into consideration the average market yield on outstanding
marketable obligations of the United States of comparable
maturities during the month preceding the month in which
the obligations of the Commission are issued. The interest
payments on such obligations may be deferred with the
approval of the Secretary, but any interest payment so de-
ferred shall also bear interest.
‘‘(2) The borrowing of money by the Commission
under paragraph (1) shall be subject to such maturities,
terms, and conditions as may be agreed upon by the Com-
mission and the Secretary, except that the maturities may
not exceed 20 years and such borrowings may be redeem-
able at the option of the Commission before maturity.
‘‘(3) The obligations of the Commission shall be
issued in amounts and at prices approved by the Sec-
retary. The authority of the Commission to issue obliga-
tions under this subsection shall remain available without
fiscal year limitation. The Secretary of the Treasury shall
purchase any obligations of the Commission to be issued
under this subsection, and for such purpose the Secretary
of the Treasury may use as a public debt transaction of
the United States the proceeds from the sale of any securi-
ties issued under chapter 31 of title 31. The purposes for
which securities may be issued under such chapter are ex-
tended to include any purchase of the Commission’s obli-
gations under this subsection.
‘‘(4) Repayment of the interest and principal on any
funds borrowed by the Commission under paragraph (1)
shall be made from amounts in the fund. The Commission
may not use for such purpose any funds appropriated for
any other activities of the Commission.
‘‘(e) TREATMENT OF BORROWING AUTHORITY.—In
determining whether the Commission has sufficient funds
to complete construction of the World War II memorial,
as required by section 8 of the Commemorative Works Act
(40 U.S.C. 1008), the Secretary of the Interior shall con-
sider the funds that the Commission may borrow from the
Treasury under subsection (d) as funds available to com-
plete construction of the memorial, whether or not the
Commission has actually exercised the authority to borrow
such funds.
‘‘(f) VOLUNTARY SERVICES.—(1) Notwithstanding
section 1342 of title 31, the Commission may accept from
any person voluntary services to be provided in further-
ance of the fund-raising activities of the Commission relat-
ing to the World War II memorial.
‘‘(2) A person providing voluntary services under this
subsection shall be considered to be a Federal employee
for purposes of chapter 81 of title 5, relating to compensa-
tion for work-related injuries, and chapter 171 of title 28,
relating to tort claims. A volunteer who is not otherwise
employed by the United States shall not be considered to
be a Federal employee for any other purpose by reason
of the provision of such voluntary service, except that any
volunteers given responsibility for the handling of funds
or the carrying out of a Federal function are subject to
the conflict of interest laws contained in chapter 11 of title
18 and the administrative standards of conduct contained
in part 2635 of title 5 of the Code of Federal Regulations.
‘‘(3) The Commission may provide for reimbursement
of incidental expenses that are incurred by a person pro-
viding voluntary services under this subsection. The Com-
mission shall determine those expenses that are eligible for
reimbursement under this paragraph.
‘‘(4) Nothing in this subsection shall be construed to
require any Federal employee to work without compensa-
tion or to allow the use of volunteer services to displace
or replace any Federal employee.
‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A con-
tract entered into by the Commission for the design or
construction of the World War II memorial is not a fund-
ing agreement as that term is defined in section 201 of
title 35.
‘‘(h) EXTENSION OF AUTHORITY TO ESTABLISH ME-
MORIAL.—Notwithstanding section 10 of the Commemora-
tive Works Act (40 U.S.C. 1010), the authority for the
construction of the World War II memorial provided by
Public Law 103–32 (40 U.S.C. 1003 note) expires on De-
cember 31, 2005.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2113. World War II memorial in the District of Columbia.’’.
(b) CONFORMING AMENDMENTS.—Public Law 103–
32 (40 U.S.C. 1003 note) is amended by striking sections
3, 4, and 5.
(c) EFFECT OF REPEAL OF CURRENT MEMORIAL
FUND.—Upon the enactment of this Act, the Secretary
of the Treasury shall transfer amounts in the fund created
by section 4(a) of Public Law 103–32 (40 U.S.C. 1003
note) to the fund created by section 2113(b) of title 36,
United States Code, as added by subsection (a).
SEC. 202. GENERAL AUTHORITY TO SOLICIT AND RECEIVE
CONTRIBUTIONS.
Subsection (e) of section 2103 of title 36, United
States Code, is amended to read as follows:
‘‘(e) SOLICITATION
AND RECEIPT
OF CONTRIBU-
TIONS.—(1) The Commission may solicit and receive
funds and in-kind donations and gifts from any State, mu-
nicipal, or private source to carry out the purposes of this
chapter. The Commission shall deposit such funds in a
separate account in the Treasury. Funds from that ac-
count shall be disbursed upon vouchers approved by the
Chairman.
‘‘(2) The Commission shall establish written guide-
lines setting forth the criteria to be used in determining
whether the acceptance of funds and in-kind donations
and gifts under paragraph (1) would—
‘‘(A) reflect unfavorably on the ability of the
Commission, or any member or employee of the
Commission, to carry out the responsibilities or offi-
cial duties of the Commission in a fair and objective
manner; or
‘‘(B) compromise the integrity or the appear-
ance of the integrity of the programs of the Commis-
sion or any official involved in those programs.’’.
SEC. 203. INTELLECTUAL PROPERTY AND RELATED ITEMS.
(a) IN GENERAL.—Chapter 21 of title 36, United
States Code, as amended by section 201(a)(1), is further
amended by adding at the end the following new section:
‘‘§ 2114. Intellectual property and related items
‘‘(a) AUTHORITY TO USE AND REGISTER INTELLEC-
TUAL
PROPERTY.—The American Battle Monuments
Commission may—
‘‘(1) adopt, use, register, and license trade-
marks, 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 Com-
mission may grant exclusive and nonexclusive licenses in
connection with any mark, copyright, patent, or license for
the use of such mark, copyright 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 pro-
tection of such marks, copyrights, or patents.
‘‘(d) LEGAL REPRESENTATION.—The Attorney Gen-
eral shall furnish the Commission with legal representa-
tion as the Commission 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 COPY-
RIGHTS TO COMMISSION.—Section 203 of title 17 shall
not apply to any copyright transferred in any manner to
the Commission.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter, as amended by section
201(a)(2), is further amended by adding at the end the
following new item:
‘‘2114. Intellectual property and related items.’’.
SEC. 204. TECHNICAL AMENDMENTS.
Chapter 21 of title 36, United States Code, is amend-
ed as follows:
(1) In section 2101(b)—
(A) by striking ‘‘title 37, United States
Code,’’ in paragraph (2) and inserting ‘‘title
37’’; and
(B) by striking ‘‘title 5, United States
Code,’’ in paragraph (3) and inserting ‘‘title 5’’.
(2) In section 2102(a)(1), by striking ‘‘title 5,
United States Code’’ and inserting ‘‘title 5’’.
(3) In section 2103—
(A) by striking ‘‘title 31, United States
Code’’ in subsection (h)(2)(A)(i) and inserting
‘‘title 31’’;
(B) by striking ‘‘title 44, United States
Code’’ in subsection (i) and inserting ‘‘title 44’’;
and
(C) by striking ‘‘chairman’’ each place it
appears and inserting ‘‘Chairman’’.
Subtitle B—National Cemeteries
SEC. 211. ESTABLISHMENT OF ADDITIONAL NATIONAL
CEMETERIES.
(a) ESTABLISHMENT.—The Secretary of Veterans
Affairs shall establish, in accordance with chapter 24 of
title 38, United States Code, a national cemetery in each
of the four areas in the United States that the Secretary
determines to be most in need of such a cemetery to serve
the needs of veterans and their families.
(b) OBLIGATION OF FUNDS IN FISCAL YEAR 2000.—
The Secretary shall obligate from the advance planning
fund in the Construction, Major Projects account appro-
priated to the Department of Veterans Affairs for fiscal
year 2000 such amounts for costs that the Secretary esti-
mates are required for the planning and commencement
of the establishment of national cemeteries under this sec-
tion.
(c) REPORTS.—(1) Not later than 120 days after the
date of the enactment of this Act, the Secretary shall sub-
mit to Congress a report on the establishment of the na-
tional cemeteries under subsection (a). The report shall
set forth the four areas identified by the Secretary for
such establishment, a schedule for such establishment, an
estimate of the costs associated with such establishment,
and the amount obligated from the advance planning fund
under subsection (b).
(2) Not later than one year after the date on which
the report described in paragraph (1) is submitted to Con-
gress, and annually thereafter until the establishment of
the national cemeteries under subsection (a) is complete,
the Secretary shall submit to Congress a report that up-
dates the information included in the report described in
paragraph (1).
SEC. 212. INDEPENDENT STUDY ON IMPROVEMENTS TO
VETERANS’ CEMETERIES.
(a) STUDY.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract with one or more quali-
fied organizations to conduct a study of national ceme-
teries described in subsection (b). For purposes of this sec-
tion, an entity of Federal, State, or local government is
not a qualified organization.
(b) MATTERS STUDIED.—(1) The study conducted
pursuant to the contract entered into under subsection (a)
shall include an assessment of each of the following:
(A) The one-time repairs required at each na-
tional cemetery under the jurisdiction of the Na-
tional Cemetery Administration of the Department
of Veterans Affairs to ensure a dignified and re-
spectful setting appropriate to such cemetery, taking
into account the variety of age, climate, and burial
options at individual national cemeteries.
(B) The feasibility of making standards of ap-
pearance of such national cemeteries commensurate
with standards of appearance of the finest ceme-
teries in the world.
(C) The number of additional national ceme-
teries that will be required for the interment and
memorialization in such cemeteries of individuals
qualified under chapter 24 of title 38, United States
Code, who die after 2005.
(D) Improvements to burial benefits under
chapter 23 of title 38, United States Code, including
a proposal to increase the amount of the benefit for
plot allowances under section 2303(b) of such title,
to better serve veterans and their families.
(2) In presenting the assessment of additional na-
tional cemeteries required under paragraph (1)(C), the re-
port shall identify by five-year period, beginning with 2005
and ending with 2020, the following:
(A) The number of additional national ceme-
teries required during each such five-year period.
(B) With respect to each such five-year period,
the areas in the United States with the greatest con-
centration of veterans whose needs are not served by
national cemeteries or State veterans’ cemeteries.
(c) REPORT.—(1) Not later than one year after the
date on which a qualified organization enters into a con-
tract under subsection (a), the organization shall submit
to the Secretary a report setting forth the results of the
study conducted and conclusions of the organization with
respect to such results.
(2) Not later than 120 days after the date on which
a report is submitted under paragraph (1), the Secretary
shall transmit to the Committees on Veterans’ Affairs of
the House of Representatives and the Senate a copy of
such report, together with any comments on the report
that the Secretary considers appropriate.
TITLE III—HOUSING
SEC. 301. PERMANENT ELIGIBILITY FOR HOUSING LOANS
FOR FORMER MEMBERS OF THE SELECTED
RESERVE.
Section 3702(a)(2)(E) is amended by striking ‘‘For
the period beginning on October 28, 1992, and ending on
September 30, 2003, each veteran’’ and inserting ‘‘Each
veteran’’.
SEC. 302. HOMELESS VETERANS’ REINTEGRATION PRO-
GRAMS.
(a) IN GENERAL.—Chapter 41 is amended by adding
at the end the following new section:
‘‘§ 4111. Homeless veterans’ reintegration programs
‘‘(a) IN GENERAL.—The Secretary, acting through
the Assistant Secretary of Labor for Veterans’ Employ-
ment and Training, shall conduct, directly or through
grant or contract, such programs as the Secretary deter-
mines appropriate to expedite the reintegration of home-
less veterans into the labor force.
‘‘(b) AUTHORITY TO MONITOR EXPENDITURE OF
FUNDS.—The Secretary may collect such information as
the Secretary considers appropriate to monitor and evalu-
ate the distribution and expenditure of funds appropriated
to carry out this section, and such information shall be
furnished to the Secretary in such form as the Secretary
determines appropriate.
‘‘(c) DEFINITION.—As used in this section, the term
‘homeless veteran’ has the meaning given that term by
section 3771(2) of this title.
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—(1)
There are authorized to be appropriated to carry out this
section amounts as follows:
‘‘(A) $10,000,000 for fiscal year 2000.
‘‘(B) $15,000,000 for fiscal year 2001.
‘‘(C) $20,000,000 for fiscal year 2002.
‘‘(D) $25,000,000 for fiscal year 2003.
‘‘(E) $30,000,000 for fiscal year 2004.
‘‘(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 beginning of such chapter is amended by adding
at the end the following new item:
‘‘4111. Homeless veterans’ reintegration projects.’’.
SEC. 303. TRANSITIONAL HOUSING LOAN GUARANTEE PRO-
GRAM TECHNICAL AMENDMENT.
Section 3775 is amended—
(1) by inserting ‘‘(a)’’ before ‘‘During each’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) After the first 3 years of operation of such a
multifamily transitional housing project, the Secretary
may provide for periodic audits of the project.’’.
TITLE IV—COURT OF APPEALS
FOR VETERANS CLAIMS
SEC. 401. AUTHORITY TO PRESCRIBE RULES AND REGULA-
TIONS.
Section 7254 is amended by adding at the end the
following new subsection:
‘‘(f) The Court may prescribe rules and regulations
to carry out this chapter.’’.
SEC. 402. RECALL OF RETIRED JUDGES.
(a) AUTHORITY TO RECALL RETIRED JUDGES.—
Chapter 72 is amended by inserting after section 7256 the
following new section:
‘‘§ 7257. Recall of retired judges
‘‘(a)(1) A retired judge of the Court may be recalled
for further service on the Court in accordance with this
section. To be eligible to be recalled for such service, a
retired judge must at the time of the judge’s retirement
provide to the chief judge of the Court (or, in the case
of the chief judge, to the clerk of the Court) notice in writ-
ing that the retired judge is available for further service
on the Court in accordance with this section and is willing
to be recalled under this section. Such a notice provided
by a retired judge is irrevocable.
‘‘(2) For the purposes of this section—
‘‘(A) a retired judge is a judge of the Court of
Veterans Appeals who retires from the Court under
section 7296 of this title or under chapter 83 or 84
of title 5; and
‘‘(B) a recall-eligible retired judge is a retired
judge who has provided a notice under paragraph
(1).
‘‘(b)(1) The chief judge may recall for further service
on the court a recall-eligible retired judge in accordance
with this section. Such a recall shall be made upon written
certification by the chief judge that substantial service is
expected to be performed by the retired judge for such
period, not to exceed 90 days (or the equivalent), as deter-
mined by the chief judge to be necessary to meet the needs
of the Court.
‘‘(2) A recall-eligible retired judge may not be re-
called for more than 90 days (or the equivalent) during
any calendar year without the judge’s consent or for more
than a total of 180 days (or the equivalent) during any
calendar year.
‘‘(3) If a recall-eligible retired judge is recalled by the
chief judge in accordance with this section and (other than
in the case of a judge who has previously during that cal-
endar year served at least 90 days (or the equivalent) of
recalled service on the court) declines (other than by rea-
son of disability) to perform the service to which recalled,
the chief judge shall remove that retired judge from the
status of a recall-eligible judge.
‘‘(4) A recall-eligible retired judge who becomes per-
manently disabled and as a result of that disability is un-
able to perform further service on the court shall be re-
moved from the status of a recall-eligible judge. Deter-
mination of such a disability shall be made in the same
manner as is applicable to judges of the United States
under section 371 of title 28.
‘‘(c) A retired judge who is recalled under this section
may exercise all of the powers and duties of the office of
a judge in active service.
‘‘(d)(1) The pay of a recall-eligible retired judge who
retired under section 7296 of this title is specified in sub-
section (c) of that section.
‘‘(2) A judge who is recalled under this section who
retired under chapter 83 or 84 of title 5 shall be paid,
during the period for which the judge serves in recall sta-
tus, pay at the rate of pay in effect under section 7253(e)
of this title for a judge performing active service, less the
amount of the judge’s annuity under the applicable provi-
sions of chapter 83 or 84 of title 5.
‘‘(e)(1) Except as provided in subsection (d), a judge
who is recalled under this section who retired under chap-
ter 83 or 84 of title 5 shall be considered to be a reem-
ployed annuitant under that chapter.
‘‘(2) Nothing in this section affects the right of a
judge who retired under chapter 83 or 84 of title 5 to
serve as a reemployed annuitant in accordance with the
provisions of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 7256 the following new
item:
‘‘7257. Recall of retired judges.’’.
SEC. 403. CALCULATION OF YEARS OF SERVICE AS A
JUDGE.
Section 7296(b) is amended by adding at the end the
following new paragraph:
‘‘(4) For purposes of calculating the years of service
of an individual under this subsection and subsection (c),
only those years of service as a judge of the Court shall
be credited. In determining the number of years of such
service, that portion of the aggregate number of years of
such service that is a fractional part of one year shall be
disregarded if less than 183 days and shall be credited
as a full year if 183 days or more.’’.
SEC. 404. JUDGES’ RETIRED PAY.
(a) IN GENERAL.—Subsection (c)(1) of section 7296
is amended by striking ‘‘at the rate of pay in effect at
‘‘SUBCHAPTER III—QUALITY ASSURANCE
‘‘§ 7731. Establishment
‘‘(a) The Secretary shall carry out a quality assur-
ance program in the Veterans Benefits Administration.
The program may be carried out through a single quality
assurance division in the Administration or through sepa-
rate quality assurance entities for each of the principal
organizational elements (known as ‘services’) of the Ad-
ministration.
‘‘(b) The Secretary shall ensure that any quality as-
surance entity established and operated under subsection
(a) is established and operated so as to meet generally ap-
plicable governmental standards for independence and in-
ternal controls for the performance of quality reviews of
Government performance and results.
‘‘§ 7732. Functions
‘‘The Under Secretary for Benefits, acting through
the quality assurance entities established under section
7731(a), shall on an ongoing basis perform and oversee
quality reviews of the functions of each of the principal
organizational elements of the Veterans Benefits Adminis-
tration.
‘‘§ 7733. Personnel
‘‘The Secretary shall ensure that the number of full-
time employees of the Veterans Benefits Administration
assigned to quality assurance functions under this sub-
chapter is adequate to perform the quality assurance func-
tions for which they have responsibility.
‘‘§ 7734. Annual report to Congress
‘‘The Secretary shall include in the annual report to
the Congress required by section 529 of this title a report
on the quality assurance activities carried out under this
subchapter. Each such report shall include—
‘‘(1) an appraisal of the quality of services pro-
vided by the Veterans Benefits Administration,
including—
‘‘(A) the number of decisions reviewed;
‘‘(B) a summary of the findings on the de-
cisions reviewed;
‘‘(C) the number of full-time equivalent
employees assigned to quality assurance in each
division or entity;
‘‘(D) specific documentation of compliance
with the standards for independence and inter-
nal control required by section 7731(b) of this
title; and
‘‘(E) actions taken to improve the quality
of services provided and the results obtained;
‘‘(2) information with respect to the accuracy of
decisions, including trends in that information; and