Union Calendar No. 135
106TH CONGRESS
1ST SESSION
H. R. 2116
[Report No. 106–237]
A BILL
To amend title 38, United States Code, to establish
a program of extended care services for veterans
and to make other improvements in health care
programs of the Department of Veterans Affairs.
JULY 16, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
IB
Union Calendar No. 135
106TH CONGRESS
1ST SESSION
H. R. 2116
[Report No. 106–237]
To amend title 38, United States Code, to establish a program of extended
care services for veterans and to make other improvements in health
care programs of the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1999
Mr. STEARNS (for himself, Mr. GUTIERREZ, Mr. STUMP, and Mr. EVANS) in-
troduced the following bill; which was referred to the Committee on
Veterans’ Affairs
JULY 16, 1999
Additional sponsors: Mr. COOKSEY, Mr. RODRIGUEZ, Mr. SMITH of New Jer-
sey, Mr. BILIRAKIS, Mr. MCINTOSH, Mrs. CUBIN, Mr. TANCREDO, Mr.
HANSEN, Mr. LAHOOD, Mr. REYES, Ms. CARSON, Ms. BROWN of Flor-
ida, Ms. BERKLEY, Mr. HILL of Indiana, Mr. FILNER, Mr. UDALL of
New Mexico, and Mr. SHOWS
JULY 16, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 27, 1999]
A BILL
To amend title 38, United States Code, to establish a pro-
gram of extended care services for veterans and to make
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other improvements in health care programs of the De-
partment of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES TO TITLE 38, UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans’ Millennium Health Care Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents; references to title 38, United States Code.
TITLE I—ACCESS TO CARE
Sec. 101. Extended care services.
Sec. 102. Reimbursement for emergency treatment.
Sec. 103. Eligibility for care of combat-injured veterans.
Sec. 104. Access to care for military retirees.
Sec. 105. Benefits for persons disabled by participation in compensated work
therapy program.
Sec. 106. Pilot program of medical care for certain dependents of enrolled vet-
erans.
Sec. 107. Enhanced services program at designated medical centers.
Sec. 108. Counseling and treatment for veterans who have experienced sexual
trauma.
TITLE II—PROGRAM ADMINISTRATION
Sec. 201. Medical care collections.
Sec. 202. Health Services Improvement Fund.
Sec. 203. Veterans Tobacco Trust Fund.
Sec. 204. Authority to accept funds for education and training.
Sec. 205. Extension and revision of certain authorities.
Sec. 206. State Home grant program.
Sec. 207. Expansion of enhanced-use lease authority.
Sec. 208. Ineligibility for employment by Veterans Health Administration of
health care professionals who have lost license to practice in one
jurisdiction while still licensed in another jurisdiction.
TITLE III—MISCELLANEOUS
Sec. 301. Review of proposed changes to operation of medical facilities.
Sec. 302. Patient services at Department facilities.
Sec. 303. Report on assisted living services.
Sec. 304. Chiropractic treatment.
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Sec. 305. Designation of hospital bed replacement building at Ioannis A.
Lougaris Department of Veterans Affairs Medical Center, Reno,
Nevada.
TITLE IV—CONSTRUCTION AND FACILITIES MATTERS
Sec. 401. Authorization of major medical facility projects.
Sec. 402. Authorization of major medical facility leases.
Sec. 403. Authorization of appropriations.
(c) REFERENCES
TO TITLE 38, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of title 38, United States Code.
TITLE I—ACCESS TO CARE
SEC. 101. EXTENDED CARE SERVICES.
(a) REQUIREMENT TO PROVIDE EXTENDED CARE
SERVICES.—(1) Chapter 17 is amended by inserting after
section 1710 the following new section:
‘‘§ 1710A. Extended care services
‘‘(a) The Secretary (subject to section 1710(a)(4) of
this title and subsection (c) of this section) shall operate
and maintain a program to provide extended care services
to eligible veterans in accordance with this section. Such
services shall include the following:
‘‘(1) Geriatric evaluation.
‘‘(2) Nursing home care (A) in facilities operated
by the Secretary, and (B) in community-based facili-
ties through contracts under section 1720 of this title.
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‘‘(3) Domiciliary services under section 1710(b)
of this title.
‘‘(4) Adult day health care under section 1720(f)
of this title.
‘‘(5) Such other noninstitutional alternatives to
nursing home care, including those described in sec-
tion 1720C of this title, as the Secretary considers
reasonable and appropriate.
‘‘(6) Respite care under section 1720B of this
title.
‘‘(b)(1) In carrying out subsection (a), the Secretary
shall provide extended care services which the Secretary de-
termines are needed (A) to any veteran in need of such care
for a service-connected disability, and (B) to any veteran
who is in need of such care and who has a service-connected
disability rated at 50 percent or more.
‘‘(2) The Secretary, in making placements for nursing
home care in Department facilities, shall give highest pri-
ority to veterans (A) who are in need of such care for a
service-connected disability, or (B) who have a service-con-
nected disability rated at 50 percent or more. The Secretary
shall ensure that a veteran described in this subsection who
continues to need nursing home care shall not after place-
ment in a Department nursing home be transferred from
the facility without the consent of the veteran, or, in the
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event the veteran cannot provide informed consent, the rep-
resentative of the veteran.
‘‘(c)(1) The Secretary, in carrying out subsection (a),
shall prescribe regulations governing the priorities for the
provision of nursing home care in Department facilities so
as to ensure that priority for such care is given (A) for
patient rehabilitation, (B) for clinically complex patient
populations, and (C) for patients for whom there are not
other suitable placement options.
‘‘(2) The Secretary may not furnish extended care serv-
ices for a non-service-connected disability other than in the
case of a veteran who has a service-connected disability
rated at 50 percent or more unless the veteran agrees to
pay to the United States a copayment for extended care
services of more than 21 days in any year.
‘‘(d)(1) A veteran who is furnished extended care serv-
ices under this chapter and who is required under sub-
section (c)(2) to pay an amount to the United States in
order to be furnished such services shall be liable to the
United States for that amount.
‘‘(2) In implementing subsection (c)(2), the Secretary
shall develop a methodology for establishing the amount of
the copayment for which a veteran described in subsection
(c) is liable. That methodology shall provide for—
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‘‘(A) establishing a maximum monthly copay-
ment (based on all income and assets of the veteran
and the spouse of such veteran);
‘‘(B) protecting the spouse of a veteran from fi-
nancial hardship by not counting all of the income
and assets of the veteran and spouse (in the case of
a spouse who resides in the community) as available
for determining the copayment obligation; and
‘‘(C) allowing the veteran to retain a monthly
personal allowance.
‘‘(e)(1) There is established in the Treasury of the
United States a revolving fund known as the Department
of Veterans Affairs Extended Care Fund (hereinafter in this
section referred to as the ‘‘fund’’). Amounts in the fund shall
be available, without fiscal year limitation and without fur-
ther appropriation, exclusively for the purpose of providing
extended care services under subsection (a).
‘‘(2) All amounts received by the Department under
this section shall be deposited in or credited to the fund.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1710 the following new item:
‘‘1710A. Requirement to provide extended care.’’.
(b) REQUIREMENT TO INCREASE EXTENDED CARE
SERVICES.—(1) Not later than January 1, 2000, the Sec-
retary of Veterans Affairs shall develop and begin to imple-
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ment a plan for carrying out the recommendation of the
Federal Advisory Committee on the Future of Long-Term
Care to increase, above the level of extended care services
which were provided as of September 30, 1998—
(A) the options and services for home and com-
munity-based care for eligible veterans; and
(B) the percentage of the Department of Veterans
Affairs medical care budget dedicated to such care.
(2) The Secretary shall ensure that the staffing and
level of extended care services provided by the Secretary na-
tionally in facilities operated by the Secretary during any
fiscal year is not less than the level of such services provided
nationally in facilities operated by the Secretary during fis-
cal year 1998.
(c) 
ADULT
DAY
HEALTH
CARE.—Section
1720(f)(1)(A) is amended to read as follows:
‘‘(f)(1)(A) The Secretary may furnish adult day health
care services to a veteran enrolled under section 1705(a)
of this title who would otherwise require nursing home
care.’’
(d) RESPITE CARE PROGRAM.—Section 1720B is
amended—
(1) in subsection (a), by striking ‘‘eligible’’ and
inserting ‘‘enrolled’’;
(2) in subsection (b)—
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(A) by striking ‘‘the term ‘respite care’
means hospital or nursing home care’’ and in-
serting ‘‘the term ‘respite care services’ means
care and services’’;
(B) by striking ‘‘is’’ at the beginning of
each of paragraphs (1), (2), and (3) and insert-
ing ‘‘are’’; and
(C) by striking ‘‘in a Department facility’’
in paragraph (2); and
(3) by adding at the end the following new sub-
section:
‘‘(c) In furnishing respite care services, the Secretary
may enter into contract arrangements.’’.
(e) CONFORMING
AMENDMENTS.—Section 1710 is
amended—
(1) in subsection (a)(1), by striking ‘‘may fur-
nish nursing home care,’’; and
(2) in subsection (a)(4), by inserting ‘‘, and the
requirement in section 1710A of this title that the
Secretary provide a program of extended care serv-
ices,’’ after ‘‘medical services’’.
(f) STATE HOMES.—Section 1741(a)(2) is amended by
striking ‘‘adult day health care in a State home’’ and in-
serting ‘‘extended care services described in any of para-
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graphs (4) through (6) of section 1710A(a) of this title
under a program administered by a State home’’.
(g) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Subsection (c)(2) of section 1710A(a) of title 38,
United States Code (as added by subsection (a)), shall take
effect on the effective date of regulations prescribed by the
Secretary of Veterans Affairs under subsections (c)(2) and
(d) of such section. The Secretary shall publish the effective
date of such regulations in the Federal Register.
(3) The provisions of section 1710(f) of title 38, United
States Code, shall not apply to any day of nursing home
care on or after the effective date of regulations under para-
graph (2).
SEC. 102. REIMBURSEMENT FOR EMERGENCY TREATMENT.
(a) AUTHORITY TO PROVIDE REIMBURSEMENT.—
Chapter 17 is amended by inserting after section 1724 the
following new section:
‘‘§ 1725. Reimbursement for emergency treatment
‘‘(a) GENERAL AUTHORITY.—(1) Subject to subsections
(c) and (d), the Secretary may reimburse a veteran de-
scribed in subsection (b) for the reasonable value of emer-
gency treatment furnished the veteran in a non-Department
facility.
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‘‘(3) A veteran is personally liable for emergency treat-
ment furnished the veteran in a non-Department facility
if the veteran—
‘‘(A) is financially liable to the provider of emer-
gency treatment for that treatment;
‘‘(B) has no entitlement to care or services under
a health-plan contract;
‘‘(C) has no other contractual or legal recourse
against a third party that would, in whole or in part,
extinguish such liability to the provider; and
‘‘(D) is not eligible for reimbursement for med-
ical care or services under section 1728 of this title.
‘‘(c) LIMITATIONS ON REIMBURSEMENT.—(1) The Sec-
retary, in accordance with regulations prescribed by the
Secretary, shall—
‘‘(A) establish the maximum amount payable
under subsection (a);
‘‘(B) delineate the circumstances under which
such payments may be made, to include such require-
ments on requesting reimbursement as the Secretary
shall establish; and
‘‘(C) provide that in no event may a payment
under that subsection include any amount for which
the veteran is not personally liable.
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‘‘(2) Subject to paragraph (1), the Secretary may pro-
vide reimbursement under this section only after the veteran
or the provider of emergency treatment has exhausted with-
out success all claims and remedies reasonably available to
the veteran or provider against a third party for payment
of such treatment.
‘‘(3) Payment by the Secretary under this section, on
behalf of a veteran described in subsection (b), to a provider
of emergency treatment, shall, unless rejected and refunded
by the provider within 30 days of receipt, extinguish any
liability on the part of the veteran for that treatment. Nei-
ther the absence of a contract or agreement between the Sec-
retary and the provider nor any provision of a contract,
agreement, or assignment to the contrary shall operate to
modify, limit, or negate the requirement in the preceding
sentence.
‘‘(d) INDEPENDENT RIGHT OF RECOVERY.—(1) In ac-
cordance with regulations prescribed by the Secretary, the
United States shall have the independent right to recover
any amount paid under this section when, and to the extent
that, a third party subsequently makes a payment for the
same emergency treatment.
‘‘(2) Any amount paid by the United States to the vet-
eran (or the veteran’s personal representative, successor, de-
pendents, or survivors) or to any other person or organiza-
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tion paying for such treatment shall constitute a lien in
favor of the United States against any recovery the payee
subsequently receives from a third party for the same treat-
ment.
‘‘(3) Any amount paid by the United States to the pro-
vider that furnished the veteran’s emergency treatment shall
constitute a lien against any subsequent amount the pro-
vider receives from a third party for the same emergency
treatment for which the United States made payment.
‘‘(4) The veteran (or the veteran’s personal representa-
tive, successor, dependents, or survivors) shall ensure that
the Secretary is promptly notified of any payment received
from any third party for emergency treatment furnished to
the veteran. The veteran (or the veteran’s personal rep-
resentative, successor, dependents, or survivors) shall imme-
diately forward all documents relating to such payment, co-
operate with the Secretary in the investigation of such pay-
ment, and assist the Secretary in enforcing the United
States right to recover any payment made under subsection
(c)(3).
‘‘(e) WAIVER.—The Secretary, in the Secretary’s dis-
cretion, may waive recovery of a payment made to a vet-
eran under this section that is otherwise required by sub-
section (d)(1) when the Secretary determines that such
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waiver would be in the best interest of the United States,
as defined by regulations prescribed by the Secretary.
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘emergency treatment’ means med-
ical care or services furnished, in the judgment of the
Secretary—
‘‘(A) when Department or other Federal fa-
cilities are not feasibly available and an attempt
to use them beforehand would not be reasonable;
‘‘(B) when such care or services are ren-
dered in a medical emergency of such nature
that delay would be hazardous to life or health;
and
‘‘(C) until such time as the veteran can be
transferred safely to a Department facility or
other Federal facility.
‘‘(2) The term ‘health-plan contract’ includes
any of the following:
‘‘(A) An insurance policy or contract, med-
ical or hospital service agreement, membership
or subscription contract, or similar arrangement
under which health services for individuals are
provided or the expenses of such services are
paid.
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‘‘(B) An insurance program described in
section 1811 of the Social Security Act (42
U.S.C. 1395c) or established by section 1831 of
such Act (42 U.S.C. 1395j).
‘‘(C) A State plan for medical assistance
approved under title XIX of such Act (42 U.S.C.
1396 et seq.).
‘‘(D) A workers’ compensation law or plan
described in section 1729(a)(2)(A) of this title.
‘‘(E) A law of a State or political subdivi-
sion described in section 1729(a)(2)(B) of this
title.
‘‘(3) The term ‘third party’ means any of the fol-
lowing:
‘‘(A) A Federal entity.
‘‘(B) A State or political subdivision of a
State.
‘‘(C) An employer or an employer’s insur-
ance carrier.
‘‘(D) An automobile accident reparations
insurance carrier.
‘‘(E) A person or entity obligated to pro-
vide, or to pay the expenses of, health services
under a health-plan contract.’’.
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(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
1729A(b) is amended—
(A) by redesignating paragraph (6) as para-
graph (7); and
(B) by inserting after paragraph (5) the fol-
lowing new paragraph:
‘‘(6) Section 1725 of this title.’’.
(2) The table of sections at the beginning of chapter
17 is amended by inserting after the item relating to section
1724 the following new item:
‘‘1725. Reimbursement for emergency treatment.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect 180 days after the date of the enact-
ment of this Act.
(d) IMPLEMENTATION REPORTS.—The Secretary of
Veterans Affairs shall include with the budget justification
materials submitted to Congress in support of the Depart-
ment of Veterans Affairs budget for fiscal year 2002 and
for fiscal year 2003 a report on the implementation of sec-
tion 1725 of title 38, United States Code, as added by sub-
section (a). Each such report shall include information on
the experience of the Department under that section and
the costs incurred, and expected to be incurred, under that
section.
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SEC. 103. ELIGIBILITY FOR CARE OF COMBAT-INJURED VET-
ERANS.
(a) PRIORITY OF CARE.—Chapter 17 is amended —
(1) in section 1710(a)(2)(D), by inserting ‘‘or
who was injured in combat’’ after ‘‘former prisoner of
war’’; and
(2) in section 1705(a)(3), by inserting ‘‘or who
were injured in combat’’ after ‘‘former prisoners of
war’’.
(b) DEFINITION OF INJURED IN COMBAT.—Section
1701 is amended by adding at the end the following new
paragraph:
‘‘(10) The term ‘injured in combat’ means
wounded in action as the result of an act of an enemy
of the United States or otherwise wounded in action
by weapon fire while directly engaged in armed con-
flict (other than as the result of willful misconduct by
the wounded individual).’’.
SEC. 104. ACCESS TO CARE FOR MILITARY RETIREES.
(a) IMPROVED ACCESS.—(1) Section 1710(a)(2) is
amended—
(A) by striking ‘‘or’’ at the end of subparagraph
(F);
(B) by striking the period at the end of subpara-
graph (G) and inserting ‘‘; or’’; and
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(C) by adding at the end the following new sub-
paragraph:
‘‘(H) who has retired from active military,
naval, or air service in the Army, Navy, Air Force,
or Marine Corps, is eligible for care under the
TRICARE program established by the Secretary of
Defense, and is not otherwise described in paragraph
(1) or in this paragraph.’’.
(2) Section 1705(a) is amended—
(A) by redesignating paragraph (7) as para-
graph (8);
(B) by inserting after paragraph (6) the fol-
lowing new paragraph (7):
‘‘(7) Veterans who are eligible for hospital care,
medical services, and nursing home care under section
1710(a)(2)(H) of this title.’’; and
(C) in paragraph (6), by inserting ‘‘(other than
subparagraph (H) of such section)’’ before the period
at the end.
(b) INTERAGENCY AGREEMENT.—(1) The Secretary of
Defense shall enter into an agreement (characterized as a
memorandum of understanding or otherwise) with the Sec-
retary of Veterans Affairs with respect to the provision of
medical care by the Secretary of Veterans Affairs to eligible
military retirees in accordance with the amendments made
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by subsection (a). That agreement shall include provisions
for reimbursement of the Secretary of Veterans Affairs by
the Secretary of Defense for medical care provided by the
Secretary of Veterans Affairs to an eligible military retiree
and may include such other provisions with respect to the
terms and conditions of such care as may be agreed upon
by the two Secretaries.
(2) Reimbursement under that agreement shall be in
accordance with rates agreed upon by the Secretary of De-
fense and the Secretary of Veterans Affairs. Such reimburse-
ment may be made by the Secretary of Defense or by the
appropriate TRICARE Managed Care Support contractor,
as determined in accordance with that agreement.
(3) In entering into the agreement under paragraph
(1), particularly with respect to determination of the rates
of reimbursement under paragraph (2), the Secretary of De-
fense shall consult with TRICARE Managed Care Support
contractors.
(4) The Secretary of Veterans Affairs may not enter
into an agreement under paragraph (1) for the provision
of care in accordance with the amendments made by sub-
section (a) with respect to any geographic service area, or
a part of any such area, of the Veterans Health Administra-
tion unless—
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(A) in the judgment of that Secretary, the De-
partment of Veterans Affairs will recover the costs of
providing such care to eligible military retirees; and
(B) that Secretary has certified and documented,
with respect to any geographic service area in which
the Secretary proposes to provide care in accordance
with the amendments made by subsection (a), that
such geographic service area, or designated part of
any such area, has adequate capacity (consistent with
the requirements in section 1705(b)(1) of title 38,
United States Code, that care to enrollees shall be
timely and acceptable in quality) to provide such
care.
(5) The agreement under paragraph (1) shall be en-
tered into by the Secretaries not later than nine months
after the date of the enactment of this Act. If the Secretaries
are unable to reach agreement, they shall jointly report, by
that date or within 30 days thereafter, to the Committees
on Armed Services and the Committees on Veterans’ Affairs
of the Senate and House of Representatives on the reasons
for their inability to reach an agreement and their mutu-
ally agreed plan for removing any impediments to final
agreement.
(c) DEPOSITING OF REIMBURSEMENTS.—Amounts re-
ceived by the Secretary of Veterans Affairs under the agree-
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ment under subsection (b) shall be deposited in the Depart-
ment of Veterans Affairs Health Services Improvement
Fund established under section 1729B of title 38, United
States Code, as added by section 202.
(d) PHASED IMPLEMENTATION.—(1) The Secretary of
Defense shall include in each TRICARE contract entered
into after the date of the enactment of this Act provisions
to implement the agreement under subsection (b).
(2) The amendments made by subsection (a) and the
provisions of the agreement under subsection (b)(2) shall
apply to the furnishing of medical care by the Secretary
of Veterans Affairs in any area of the United States only
if that area is covered by a TRICARE contract that was
entered into after the date of the enactment of this Act.
(e) ELIGIBLE MILITARY RETIREES.—For purposes of
subsection (b), an eligible military retiree is a member of
the Army, Navy, Air Force, or Marine Corps who—
(1) has retired from active military, naval, or
air service;
(2) is eligible for care under the TRICARE pro-
gram established by the Secretary of Defense;
(3) has enrolled for care under section 1705 of
title 38, United States Code; and
(4) is not described in paragraph (1) or (2) of
section 1710(a) of such title (other than subparagraph
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(H) of such paragraph (2)), as amended by subsection
(a).
SEC. 105. BENEFITS FOR PERSONS DISABLED BY PARTICI-
PATION IN COMPENSATED WORK THERAPY
PROGRAM.
Section 1151(a)(2) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘proximately
caused’’; and
(2) by inserting before the period at the end the
following: ‘‘, or (B) by participation in a program
(known as a ‘compensated work therapy program’)
under section 1718 of this title’’.
SEC. 106. PILOT PROGRAM OF MEDICAL CARE FOR CERTAIN
DEPENDENTS OF ENROLLED VETERANS.
(a) IN GENERAL.—(1) Chapter 17 is amended by in-
serting after section 1713 the following new section:
‘‘§ 1713A. Medical care for certain dependents of en-
rolled veterans: pilot program
‘‘(a) The Secretary may, during the program period,
carry out a pilot program to provide primary health care
services for eligible dependents of veterans in accordance
with this section.
‘‘(b) For purposes of this section:
‘‘(1) The term ‘program period’ means the period
beginning on the first day of the first month begin-
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‘‘(E) An application from a State for renova-
tions to a State home facility other than renovations
described in subparagraph (B).
‘‘(F) An application for construction or acquisi-
tion of a nursing home or domiciliary from a State
that the Secretary determines, in accordance with reg-
ulations under this subchapter, has a significant need
for the beds to be established at such home or facility.
‘‘(G) An application that meets other criteria as
the Secretary determines appropriate and has estab-
lished in regulations.
‘‘(H) An application for construction or acquisi-
tion of a nursing home or domiciliary from a State
that the Secretary determines, in accordance with reg-
ulations under this subchapter, has a limited need for
the beds to be established at such home or facility.’’;
and
(C) in paragraph (3), by striking subpara-
graph (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.—The provisions of sections 8134 and
8135 of title 38, United States Code, as in effect on June
1, 1999, shall continue in effect after such date with respect
to applications described in section 8135(b)(2)(A) of such