Veterans Millennium Health Care and Benefits Act
PL 106-117 (H.R.2116), enacted 11/30/1999

PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1545 
Public Law 106-117 
106th Congress 
An Act 
To amend title 38, United States Code, to establish a program of extended care 
services for veterans, to make other improvements in health care programs of 
the Department of Veterans Affairs, to enhance compensation, memorial affairs, 
Nov. 30, 1999 
and housing programs of the Department of Veterans Affairs, to improve retire- 
[R.'R. 2116] 
ment authorities applicable to judges of the United States Court of Appeals 
for Veterans Claims, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Veterans 
Millennium 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Health Care and 
(a) SHORT TITLE.—This Act may be cited as the "Veterans f| use lOi note 
Millennium Health Care and Benefits Act". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
Sec. 3. Secretary and Depsirtment defined. 
T I T L E I—ACCESS T O CARE: 
Subtitle A—Long-Term Care 
Sec. 101. Requirement to provide extended care services. 
Sec. 102. Pilot programs relating to long-term care. 
Sec. 103. Pilot program relating to assisted living. 
Subtitle B—Other Access to Care Matters 
Sec. 111. Reimbursement for emergency treatment in non-Department of Veterans 
Affairs facilities. 
Sec. 112. Eligibility for care of combat-iryured veterans. 
Sec. 113. Access to care for TRICARE-eligible military retirees. 
Sec. 114. Treatment and services for drug or alcohol dependency. 
Sec. 115. Counseling and treatment for veterans who have experienced sexual 
trauma. 
Sec. 116. Specialized mental health services. 
TITLE II—MEDICAL PROGRAM ADMINISTRATION 
Sec. 201. Medical care collections. 
Sec. 202. Health Services Improvement Fund. 
Sec. 203. Allocation to health care facilities of amounts made available from 
Medical Care Collections Fund. 
Sec. 204. Authority to accept funds for education and tniining. 
Sec. 205. Extension of certain authorities. 
Sec. 206. Reestablishment of Committee on Post-Traumatic Stress Disorder. 
Sec. 207. State home grant program. 
Sec. 208. Expansion of enhanced-use lease authority. 
Sec. 209. Ineligibility for employment by Veterans Health Administration of health 
care professionals who have lost license toi practice in one jurisdiction 
while still licensed in another jurisdiction. 
Sec. 210. Report on coordination of procurement of pharmaceuticals and medical 
supplies by the Department of Veterans Affairs and the Department of 
Defense. 
113 STAT. 1646 
PUBLIC LAW 106-117—NOV. 30, 1999 
Sec. 211. Reimbursement of medical expenses of veterans located in Alaska. 
TITLE III—MISCELLANEOUS MEDICAL PROVISIONS 
Sec. 301. Review of proposed changes to operation of medical facilities. 
Sec. 302. Patient services at Department facilities. 
Sec. 303. Chiropractic treatment. 
Sec. 304. Designation of hospital bed replacement building at loannis 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. 
TITLE V—BENEFITS AND EMPLOYMENT MATTERS 
Subtitle A—Compensation and DIC 
Sec. 501. Dependency and indemnity compensation for surviving spouses of former 
prisoners of war. 
Sec. 502. Reinstatement of certain benefits for remarried surviving spouses of 
veterjins upon termination of their remarriage. 
Sec. 503. Presumption that bronchiolo-alveolar carcinoma is service-connected. 
Subtitle B—Employment 
Sec. 511. Clarification of veterans' civil service employment opportunities. 
TITLE VI—MEMORIAL AFFAIRS MATTERS 
Subtitle A—^American Battle Monuments Commission 
Sec. 601. Codification and expansion of authority for World War II memorial. 
Sec. 602. General authority to solicit and receive contributions. 
Sec. 603. Intellectual property and related items. 
Sec. 604. Technical amendments. 
Subtitle B—National Cemeteries 
Sec. 611. Establishment of additional national cemeteries. 
Sec. 612. Use of flat grave markers at Santa Fe National Cemetery, New Mexico. 
Sec. 613. Independent study on improvements to veterans' cemeteries. 
Subtitle C—^Burial Benefits 
Sec. 621. Independent study on improvements to veterans' burial benefits. 
TITLE VII—EDUCATION AND HOUSING MATTERS 
Subtitle A—Education Matters 
Sec. 701. Availability of Montgomery GI Bill benefits for preparatory courses for 
college and graduate school entrance exams. 
Sec. 702. Determination of eligibility period for members of the Armed Forces 
commissioned following completion of officer trfiining school. 
Sec. 703. Report on veterans' education and vocational training oenefits provided by 
the States. 
Sec. 704. Technical amendments. 
Subtitle B—Housing Matters 
Sec. 711. Extension of authority for housing loans for members of the Selected 
Reserve. 
Sec. 712. Technical amendment relating to transitional housing loan guarantee 
program. 
TITLE VIII—DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE 
MATTERS 
Sec. 801. Enhanced quality assurance program within the Veterans Benefits 
Administration. 
Sec. 802. Extension of authority to maintain a regional office in the Republic of the 
Philippines. 
Sec. 803. Extension of Advisory Committee on Minority Veterans. 
Sec. 804. Technical amendment to automobile assistance program. 
TITLE K—HOMELESS VETERANS PROGRAMS 
Sec. 901. Homeless veterans' reintegration programs. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1547 
Sec. 902. Extension of program of housing assistance for homeless veterans. 
Sec. 903. Homeless veterans programs. 
Sec. 904. Plan for evaluation of performance of programs to assist homeless 
veterans. 
TITLE X—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 
Sec. 1001. Short title. 
Sec. 1002. Definition. 
Subtitle A—^Transitional Provisions To Stagger Terms of Judges 
Sec. 1011. Early retirement authority for current judges. 
Sec. 1012. Modified terms for next two judges appointed to the Court. 
Subtitle B—Other Matters Relating to Retired Judges 
Sec. 1021. Recall of retired judges. 
Sec. 1022. Judges' retired pay. 
Sec. 1023. Survivor annuities. 
Sec. 1024. Limitation on activities of retired judges. 
Subtitle C—Rotation of Service of Judges as Chief Judge of the Court 
Sec. 1031. Repeal of separate appointment of chiefjudge. 
Sec. 1032. Designation and term of chief judge of Court. 
Sec. 1033. Salary. 
Sec. 1034. Precedence of judges. 
Sec. 1035. Conforming amendments. 
Sec. 1036. Applicability of amendments. 
TITLE XI—VOLUNTARY SEPARATION INCENTIVE PROGRAM 
Sec. 1101. Short title. 
Sec. 1102. Plan for payment of voluntary separation incentive payments. 
Sec. 1103. Voluntary separation incentive payments. 
Sec. 1104. Effect of subsequent employment with the Go\ernment. 
Sec. 1105. Additional agency contributions to Civil Service Retirement 
and 
Disability Fund. 
Sec. 1106. Continuea health insurance coverage. 
Sec. 1107. Prohibition of reduction of full-time equivalent employment level. 
Sec. 1108. Regulations. 
Sec. 1109. Limitation; savings clause. 
Sec. 1110. Eligible employees. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in tei-ms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
SEC. 3. SECRETARY AND DEPARTMENT DEFINED. 
38 USC 101 note. 
For purposes of this Act— 
(1) the term "Secretary means the Secretary of Veterans 
Affairs; and 
(2) the term "Department" means the Department of 
Veterans Affairs. 
TITLE I—ACCESS TO CARE 
Subtitle A—^Long-Temm Care 
SEC. 101. REQUIREMENT TO PROVIDE EXTENDED CARE SERVICES. 
(a) REQUIRED 
NURSING 
HOME CARE.—(1) Chapter 17 is 
amended by inserting after section 1710 the following new section: 
^§ 1710A. Required nursing home care 
"(a) The Secretary shall provide nursing home care which the 
Secretary determines is needed (1) to any veteran in need of such 
113 STAT. 1548 
PUBLIC LAW 106-117—NOV. 30, 1999 
care for a service-connected disability, and (2) to any veteran who 
is in need of such care and who has a service-connected disabihty 
rated at 70 percent or more. 
"(b)(1) The Secretary shall ensure that a veteran described 
in subsection (a) who continues to need nursing home care is 
not, after placement in a Department nursing home, transferred 
from the facility without the consent of the veteran, or, in the 
event the veteran cannot provide informed consent, the representa-
tive of the veteran. 
"(2) Nothing in subsection (a) may be construed as authorizing 
or requiring that a veteran who is receiving nursing home care 
in a Department nursing home on the date of the enactment of 
this section be displaced, transferred, or discharged from the facility. 
Termination 
"(c) The provisions of subsection (a) shall terminate on 
date. 
December 31, 2003.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1710 
the following new item: 
"1710A. Required nursing home care.". 
(b) REQUIRED NONINSTITUTIONAL EXTENDED CARE SERVICES.— 
Section 1701 is amended by adding at the end the following new 
paragraph: 
"(10)(A) During the period beginning on the date of the enact-
ment of the Veterans Millennium Health Care and Benefits Act 
and ending on December 31, 2003, the term 'medical services' 
includes noninstitutional extended care services. 
"(B) For the purposes of subparagraph (A), the term 'noninstitu-
tional extended care services' means such alternatives to institu-
tional extended care which the Secretary may furnish (i) directly, 
(ii) by contract, or (iii) (through provision of case management) 
by another provider or payor.". 
(c) PROGRAM OF EXTENDED CARE SERVICES.—(1) Chapter 17 
is amended by inserting after section 1710A, as added by subsection 
(a), the following new section: 
*'§ 1710B. 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 fol-
lowing: 
"(1) Geriatric evaluation. 
"(2) Nursing home care (A) in facilities operated by the 
Secretary, and (B) in community-based facilities through con-
tracts under section 1720 of this title. 
"(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 as the Secretary may furnish as medical services 
under section 1701(10) of this title. 
"(6) Respite care under section 1720B of this title. 
"(b) The Secretary shall ensure that the staffing and level 
of extended care services provided by the Secretary nationally in 
facilities of the Department during any fiscal year is not less than 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1549 
the staffing and level of such services provided nationally in facili-
ties of the Department during fiscal year 1998. 
"(c)(1) Except as provided in paragraph (2), the Secretary may 
not fiirnish extended care services for a non-service-connected dis-
abihty other than in the case of a veteran who has a compensable 
service-connected disability unless the veter^m agrees to pay to 
the United States a copa3n]ient (determined in accordance with 
subsection (d)) for any period of such services in a year after 
the first 21 days of such services provided that veteran in that 
year, 
"(2) Paragraph (1) shall not apply— 
"(A) to a veteran whose annual income (determined under 
section 1503 of this title) is less than the amount in effect 
under section 1521(b) of this title; or 
"(B) with respect to an episode of extended care services 
that a veteran is being furnished by thei Department on the 
date of the enactment of the Veterans Millennium Health Care 
and Benefits Act. 
"(d)(1) A veteran who is furnished extended care services imder 
this chapter and who is required under subsection (c) 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), the Secretary shall develop 
a methodology for establishing the amount of the copa3nnent for 
which a vetereui described in subsection (c) is liable. TTiat method-
ology shall provide for— 
"(A) establishing a maximum monthly copajnnent (based 
on all income and assets of the veteraia and the spouse of 
such veteran); 
"(B) protecting the spouse of a veteran from financial hard-
ship by not coimting all of the income and assets of the veteran 
and spouse (in the case of a spouse who resides in the commu-
nity) as available for determining the c;opayment 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 Fimd (hereafter in this section referred to as the 
'fund'). Amoimts in the fimd shall be available, without fiscal year 
limitation and without further appropriation, exclusively for the 
purpose of providing extended care services under subsection (a). 
"(2) All Eimounts received by the Department under this section 
shall be deposited in or credited to the fund.". 
(2) The table of sections at the begimiing of such chapter 
is amended by inserting after the item relating to section 1710A, 
as added by subsection (a)(2), the following new item: 
"1710B. Extended care services.". 
(d) 
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 enroUed luider section 1705(a) of this title 
who would otherwise require nursing home caire.". 
(e) RESPITE CARE PROGRAM.—Section 1720B is amended— 
(1) in subsection (a), by striking "cihgible" and inserting 
"enroUed"; 
113 STAT. 1550 
PUBLIC LAW 106-117—NOV. 30, 1999 
38 use 1710B 
note. 
Federal Register, 
publication. 
Deadline. 
38 use 1710A 
note. 
(2) in subsection (b)— 
(A) by striking "the term 'respite care' means hospital 
or nursing home care" and inserting "the term 'respite 
care services' means care and services"; 
(B) by striking "is" at the beginning of each of para-
graphs (1), (2), and (3) and inserting "are"; and 
(C) by striking "in a Department facihty" in paragraph 
(2); and 
(3) by adding at the end the following new subsection: 
"(c) In furnishing respite care services, the Secretary may enter 
into contract arrangements.". 
(f) CONFORMING AMENDMENTS.—Section 1710(a) is amended— 
(1) in paragraph (1), by striking ", and may furnish nursing 
home care,"; 
(2) in paragraph (2)(A), by inserting "or, with respect to 
nursing home care during any period during which the provi-
sions of section 1710A(a) of this title are in effect, a compensable 
service-connected disability rated less than 70 percent" after 
"50 percent"; 
(3) in paragraph (4), by inserting ", and the requirement 
in section 1710B of this title that the Secretary provide a 
program of extended care services," after "medical services"; 
and 
(4) by adding at the end the following new paragraph: 
"(5) During any period during which the provisions of section 
1710A(a) of this title are not in effect, the Secretary may fiimish 
nursing home care which the Secretary determines is needed to 
any veteran described in paragraph (1), with the priority for such 
care on the same basis as if provided under that paragraph.". 
(g) STATE HOMES.—Section 1741(a)(2) is amended by striking 
"adult day health care in a State home" and inserting "extended 
care services described in any of paragraphs (4) through (6) of 
section 1710B(a) of this title under a program administered by 
a State home". 
(h) 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) of section 1710B of title 38, United States 
Code (as added by subsection (b)), shall take effect on the effective 
date of regulations prescribed by the Secretary of Veterans Affairs 
under subsections (c) and (d) of such section. The Secretary shall 
publish the effective date of such regulations in the Federal Reg-
ister. 
(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 paragraph (2). 
(i) REPORT.—Not later than January 1, 2003, the Secretary 
shall submit to the Committees on Veterans' Affairs of the Senate 
and House of Representatives a report on the operation of this 
section (including the amendments made by this section). The Sec-
retary shall include in the report— 
(1) the Secretary's assessment of the experience of the 
Department under the provisions of this section; 
(2) the costs incurred by the Department under the provi-
sions of this section and a comparison of those costs with 
the Secretary's estimate of the costs that would have been 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1551 
incurred by the Secretary for extended care services if this 
section had not been enacted; and 
(3) the Secretary's recommendations, with respect to the 
provisions of section 1710A(a) of title 38, United States Code, 
as added by subsection (a), and with resj>ect to the provisions 
of section 1701(10) of such title, as added by subsection (b), 
as to— 
(A) whether those provisions should be extended or 
made permanent; and 
(B) what modifications, if any, should be made to those 
provisions. 
SEC. 102. PILOT PROGRAMS RELATING TO LONG-TERM CARE. 
38 USC 17 lOB 
(a) PILOT PROGRAMS.—The Secretary shall carry out three pilot 
programs for the purpose of determining thtj effectiveness of dif-
ferent models of all-inclusive care-delivery in reducing the use of 
hospital and nursing home care by frail, elderly veterans. 
(b) LOCATIONS OF PILOT PROGRAMS.—In selecting locations in 
which the pilot programs will be carried out, the Secretary may 
not select more than one location in £iny given health care region 
of the Veterans Health Administration. 
(c) SCOPE OF SERVICES UNDER PILOT PROGRAMS.—Each of the 
pilot programs under this section shall be designed to provide 
participating veterans with integrated, comprehensive services 
which include the following: 
(1) Adult-day health care services on an eight-hour per 
day, five-day per week basis. 
(2) Medical services (including primary care, preventive 
services, and nursing home care, as needed). 
(3) Coordination of needed services. 
(4) Transportation services. 
(5) Home care services. 
(6) Respite care. 
(d) PROGRAM REQUIREMENTS.—In canying out the pilot pro-
grams under this section, the Secretary shall— 
(1) employ the use of interdisciplinary care-management 
teams to provide the required array of servdces; 
(2) determine the appropriate number of patients to be 
enrolled in each program and the criteria for enrollment; and 
(3) ensure that funding for each program is based on the 
complex care category under the resource allocation system 
(known as the Veterans Equitable Resource Allocation system) 
established pursuant to section 429 of Public Law 104-204 
(110 Stat. 2929). 
(e) DESIGN OF PILOT PROGRAMS.—TO the maximum extent fea-
sible, the Secretary shedl use the following three models in designing 
the three pilot programs under this section: 
(1) Under one of the pilot programs, the Secretary shall 
provide services directly through facilities and personnel of 
the Department. 
(2) Under one of the pilot programs, the Secretary shall 
provide services through a combination o
f
— 
(A) services provided under contract with appropriate 
public and private entities; and 
(B) services provided through facilities and personnel 
of the Depeirtment. 
69-194-01-2: QL 3 Part 3 
113 STAT. 1552 
PUBLIC LAW 106-117—NOV. 30, 1999 
Deadline. 
38 use 1710B 
note. 
(3) Under one of the pilot programs, the Secretary shall 
arrange for the provision of services through a combination 
of— 
(A) services provided through cooperative arrange-
ments with appropriate public and private entities; and 
(B) services provided through facilities and personnel 
of the Department. 
(f) IN-KIND ASSISTANCE.—In providing for the furnishing of 
services under a contract in canying out the pilot program described 
in subsection (e)(2), the Secretary may, subject to reimbiirsement, 
provide in-kind assistance (through the services of Department 
employees and the sharing of other Depeirtment resources) to a 
facility furnishing care to veterans. Such reimbursement may be 
made by reduction in the chsirges to the Secretary under such 
contract. 
(g) LIMITATION.—In providing for the furnishing of services 
in canying out a pilot program described in subsection (e)(2) or 
(e)(3), the Secretary shall make payment for services only to the 
extent that payment for such services is not otherwise covered 
(notwithstanding any provision of title XVIII or XIX of the Social 
Security Act) by another government or nongovernment entity or 
program. 
(h) DURATION OF PROGRAMS.—The authority of the Secretary 
to provide services under a pilot program under this section shall 
cease on the date that is three years after the date of the commence-
ment of that pilot progreun. 
(i) REPORT.—(1) Not later than nine months after the comple-
tion of all of the pilot programs under this section, the Secretary 
shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives a report on those programs. 
(2) The report shall include the following: 
(A) A description of the implementation and operation of 
each such program. 
(B) An analysis comparing use of institutional care and 
use of other services among enroUees in each of the pilot 
programs with the experience of comparable patients who £ire 
not enrolled in one of the pilot programs. 
(C) An assessment of the satisfaction of participating vet-
erans with each of those progrsuns. 
(D) An assessment of the health status of participating 
veterans in each of those programs and of the ability of those 
vetergins to function independently. 
(E) An analysis of the costs and benefits under each of 
those programs. 
SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING. 
(a) PROGRAM AUTHORITY.—^The Secretary may carry out a pilot 
program for the purpose of determining the feasibility and practica-
bility of enabling eligible veterans to secure needed assisted living 
services as an alternative to nursing home care. 
(b) LOCATION OF PILOT PROGRAM.—^The pilot program shall 
be carried out in a designated health care region of the Department 
selected by the Secretary for purposes of this section. 
(c) SCOPE OF PROGRAM.—In carrying out the pilot program, 
the Secretary may enter into contracts with appropriate facilities 
for the provision for a period of up to six months of assisted 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1553 
living services on behalf of eligible veterans in the region where 
the program is carried out. 
(d) ELIGIBLE VETERANS.—^A veteran is ani eligible veteran for 
purposes of this section if the veteran— 
(1) is eligible for placement assistance by the Secretary 
under section 1730(a) of title 38, United States Code; 
(2) is unable to manage routine activities of daily living 
without supervision £ind assistance; and 
(3) could reasonably be expected to receive ongoing services 
after the end of the contract period under another government 
program or through other means. 
(e) REPORT.—(1) Not later them 90 days before the end of Deadline, 
the pilot program under this section, the Secretary shall submit 
to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report on the progrjim. 
(2) The report under paragraph (1) shall include the following: 
(A) A description of the implementation and operation of 
the program. 
(B) An analysis comparing use of institutional care among 
participants in the program with the experience of comparable 
patients who are not enrolled in the program. 
(C) A comparison of assisted living services provided by 
the Department through the pilot program with domiciliary 
care provided by the Department. 
(D) The Secretary's recommendations, if any, regarding 
an extension of the program. 
(f) DURATION.—The authority of the Secrestary to provide serv-
ices under the pilot program shall cease on the date that is three 
years after the date of the commencement of the pilot program. 
(g) DEFINITION.—For purposes of this section, the term "assisted 
living services" means services in a facility that provides room 
and board and personal care for and supervision of residents as 
necessary for the health, safety, and welfare of residents. 
(h) STANDARDS.—^The Secretary may not enter into a contract 
with a facility iinder this section unless the facility meets the 
standards established in regulations prescribed under section 1730 
of title 38, United States Code. 
Subtitle B—Other Access to Care Matters 
SEC. 111. REIMBURSEMENT FOR EMERGENCY TREATMENT IN NON-
DEPARTMENT OF VETERANS AFFAEEIS FAdLITIES. 
(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 described in subsection 
(b) for the reasonable value of emergency treatment furnished the 
veteran in a non-Department facility. 
"(2) In any case in which reimbursement is authorized imder 
subsection (a)(1), the Secretary, in the Secretary's discretion, may, 
in lieu of reimbursing the veteran, make payment of the reasonable 
value of the fimiished emergency treatment directly— 
"(A) to a hospital or other health care provider that fur-
nished the treatment; or 
113 STAT. 1554 
PUBLIC LAW 106-117—NOV. 30, 1999 
Regulations. 
Regulations. 
"(B) to the person or organization that paid for such treat-
ment on behalf of the veteran. 
"(b) ELIGIBILITY.—(1) A veteran referred to in subsection (a)(1) 
is an individual who is an active Department health-care participant 
who is personally liable for emergency treatment furnished the 
veteran in a non-Department facility. 
"(2) A veteran is an active Department health-care participant 
if— 
"(A) the veteran is enrolled in the health care system 
established under section 1705(a) of this title; and 
"(B) the veteran received care under this chapter within 
the 24-month period preceding the furnishing of such emer-
gency treatment. 
"(3) A veteran is personally liable for emergency treatment 
furnished the veteran in a non-Department facility if the veteran— 
"(A) is financially liable to the provider of emergency treat-
ment for that treatment; 
"(B) has no entitlement to care or services under a heedth-
plan contract (determined, in the case of a health-plan contract 
as defined in subsection (f)(2)(B) or (f)(2)(C), without regard 
to any requirement or limitation relating to eligibility for care 
or services from any department or agency of the United 
States); 
"(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 medical care 
or services under section 1728 of this title. 
"(c) LIMITATIONS ON REIMBURSEMENT.—(1) The Secretary, in 
accordance with regulations prescribed by the Secretary, shall— 
"(A) establish the maximum amount payable under sub-
section (a); 
"(B) delineate the circumstances under which such pay-
ments may be made, to include such requirements 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. 
"(2) Subject to paragraph (1), the Secretsiry may provide 
reimbursement under this section only after the veteran or the 
provider of emergency treatment has exhausted without 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 to a provider of emergency treatment shall, unless 
rejected and refunded by the provider within 30 days of receipt, 
extinguish any Uability on the part of the veteran for that treat-
ment. Neither the absence of a contract or agreement between 
the Secretary 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 accordance 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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1555 
"(2) Any amount paid by the United States to the veteran 
(or the veteran's personal representative, successor, dependents, 
or survivors) or to any other person or organization 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 treatment. 
"(3) Any amount paid by the United States to the provider 
that furnished the veteran's emergency treatment shall constitute 
a lien against any subsequent amount the pi'ovider receives from 
a third party for the same emergency treat;ment for which the 
United States made pajmaent. 
"(4) The veteran (or the veteran's personal representative, suc-
cessor, dependents, or survivors) shall ensure that the Secretary 
is promptly notified of any pa5mient received from any third party 
for emergency treatment furnished to the veteran. The veteran 
(or the veteran's personal representative, si;Lccessor, dependents, 
or survivors) shall immediately forward all documents relating to 
such payment, cooperate with the Secretary in the investigation 
of such payment, 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 Secretarj^s discretion, may Regulations, 
waive recovery of a payment made to a veterjin under this section 
that is otherwise required by subsection (d)(1) when the Secretary 
determines that such waiver would be in thcj 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 medical care 
or services furnished, in the judgment of the Secretary— 
"(A) when Department or other Federal facilities are 
not feasibly available and an attempt to use them before-
hand would not be reasonable; 
"(B) when such care or services are rendered in a 
medical emergency of such nature that a prudent layperson 
reasonably expects that delay in seeking immediate medical 
attention 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 Tiealth-plan contract' includes any of the 
following: 
"(A) An insurance policy or contract, medical or hos-
pital service agreement, membershipt or subscription con-
tract, or similar arrangement under which health services 
for individuals are provided or the expienses of such services 
are paid. 
"(B) An insurance program described in section 1811 
of the Social Security Act (42 U.S.C. 1395c) or estabUshed 
by section 1831 of that Act (42 U.S.C. 1395j). 
"(C) A State plan for medical assistance approved 
under title XDC 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 politiced subdivision described 
in section 1729(a)(2)(B) of this title. 
"(3) The term 'third party means any of the following: 
"(A) A Federal entity. 
"(B) A State or political subdivision of a State. 
"(C) An employer or an employer's insurance carrier. 
113 STAT. 1556 
PUBLIC LAW 106-117—NOV. 30, 1999 
"(D) An automobile accident reparations insurance csir-
rier. 
"(E) A person or entity obligated to provide, or to 
pay the expenses of, health services under a health-plan 
contract.", 
(b) 
CONFORMING 
AMENDMENTS.—(1) 
Section 
1729A(b) 
is 
amended— 
(A) by redesignating paragraphs (5) and (6) as paragraphs 
(6) and (7), respectively; and 
(B) by inserting after paragraph (4) the following new 
paragraph: 
"(5) Section 1725 of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1724 
the following new item: 
"1725. Reimbursement for emergency treatment.". 
38 use 1725 
(c) EFFECTIVE DATE.—The amendments made by this section 
note. 
shall take effect 180 days after the date of the enactment of this 
Act. 
38 use 1725 
(d) IMPLEMENTATION REPORTS.—The Secretary shall include 
iiote. 
with the budget justification materials submitted to Congress in 
support of the Department of Veterans Affairs budget for fiscal 
year 2002 and for fiscal year 2003 a report on the implementation 
of section 1725 of title 38, United States Code, as added by sub-
section (a). Each such report shall include information on the experi-
ence of the Department under that section and the costs incurred, 
and expected to be incurred, under that section. 
SEC. 112. ELIGIBILITY FOR CARE OF COMBAT-INJURED VETERANS. 
Chapter 17 is amended— 
(1) in section 1710(a)(2)(D), by inserting "or who was 
awarded the Purple Heart" after "former prisoner of war"; 
and 
(2) in section 1705(a)(3), by inserting "or who were awarded 
the Purple Heart" after "former prisoners of war". 
38 use 8111 
SEC. 113. ACCESS TO CARE FOR TRICARE-ELIGIBLE MILITARY 
note. 
RETIREES. 
(a) INTERAGENCY AGREEMENT.—(1) The Secretary of Defense 
shall enter into an agreement (characterized as a memorandum 
of understanding or otherwise) with the Secretary 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 provisions of subsection (c). That agreement shall include provi-
sions 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 the agreement under paragraph (1) 
shall be in accordance with rates agreed upon by the Secretary 
of Defense 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), particu-
larly with respect to determination of the rates of reimbursement 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1557 
under paragraph (2), the Secretary of Defense 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 accord-
ance with the provisions of subsection (c) with respect to any 
geographic service area, or a psirt of any such area, of the Veterans 
He^th Administration unless— 
(A) in the judgment of that Secretary, the Department 
of Veterans Affairs will recover the costs of providing such 
care to eUgible miUtary retirees; and 
(B) that Secretary has certified sind documented, with Certification, 
respect to any geographic service area in which the Secretary 
proposes to provide care in accordemce with the provisions 
of subsection (c), that such geographic service area, or des-
ignated part of any such area, has adequate capacity (consistent 
with the requirements in section 1705(b)(;i) of title 38, United 
States Code, that care to enroUees shall be timely and accept-
able in quality) to provide such care. 
(5) The agreement under paragraph (1) shall be entered into Deadlines. 
by the Secretaries not later tliein nine months after the date of 
the enactment of this Act. If the Secretaries are unable to reach Reports. 
agreement, they shall jointly report, by thiit date or within 30 
days thereafter, to the Committees on Armed Services and the 
Committees on Veterans' Affairs of the Senate and House of Rep-
resentatives on the reasons for their inability to reach an agreement 
and their mutually agreed plan for removing any impediments 
to final agreement. 
(b) DEPOSITING OF REIMBURSEMENTS.—i\mounts received 
by 
the Secretary of Veterans Affairs under the agreement under sub-
section (a) shall be deposited in the Depsirtment of Veterans Affairs 
Health Services Improvement Fund established imder section 
1729B of title 38, United States Code, as added by section 202. 
(c) COPAYMENT REQUIREMENT.—^The pro^idsions of subsections 
(f)(1) and (g)(1) of section 1710 of title 38, United States Code, 
shall not apply in the case of an eligible military retiree who 
is covered by the agreement under subsection (a). 
(d) PHASED IMPLEMENTATION.—(1) The Secretary of Defense Contracts, 
shall include in each TRICARE contract entered into after the 
date of the enactment of this Act provisions to implement the 
agreement imder subsection (a). 
(2) The provisions of the agreement under subsection (a)(2) Applicability. 
and the provisions of subsection (c) shall apiply 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 pvirposes of this section, 
an ehgible military retiree is a member of the Army, Navy, Air 
Force, or Marine Corps who— 
(1) has retired from active miUtary, naval, or air service; 
(2) is eUgible for care under the TRICARE program estab-
lished 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. 
113 STAT. 1558 
PUBLIC LAW 106-117—NOV. 30, 1999 
SEC. 1
1
4
. 
TREATMENT AND SERVICES FOR DRUG OR ALCOHOL 
DEPENDENCY. 
(a) AUTHORITY TO PROVIDE TREATMENT AND SERVICES FOR 
MEMBERS ON ACTIVE DUTY.—Section 1720A(c) is amended in the 
first sentence of paragraph (1)— 
(1) by striking "may not be transferred" and inserting "may 
be transferred"; and 
(2) by striking "unless such transfer is during the last 
thirty days of such member's enlistment or tour of duty". 
(b) CONFORMING AMENDMENT.—The first sentence of paragraph 
(2) of that section is amended by striking "during the last thirty 
days of such person's enlistment period or tour of dutj^'. 
SEC. 115. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE 
EXPERIENCED SEXUAL TRAUMA. 
(a) EXTENSION OF PERIOD OF PROGRAM.—Subsection (a) of sec-
tion 1720D is amended— 
(1) in paragraph (1), by striking "December 31, 2001" and 
inserting "December 31, 2004"; and 
(2) in paragraph (3), by striking "December 31, 2001" and 
inserting "December 31, 2004". 
(b) MANDATORY NATURE OF PROGRAM.—(1) Subsection (a)(1) 
of such section is further amended by striking "may provide coim-
seling to a veteran who the Secretary determines requires such 
counseling" and inserting "shall operate a program under which 
the Secretary provides counseling and appropriate care and services 
to veterans who the Secretary determines require such counseling 
and care and services". 
(2) Subsection (a) of such section is fiirther amended— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) (as amended by sub-
section (a)(2)) as paragraph (2). 
(c) OUTREACH EFFORTS.—Subsection (c) of such section is 
amended— 
(1) by inserting "and treatment" in the first sentence and 
in paragraph (2) after "counseling"; 
(2) by striking "and" at the end of paragraph (1); 
(3) by redesignating paragraph (2) as paragraph (3); and 
(4) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) shall ensure that information about the counseling 
and treatment available to veterans under this section— 
"(A) is revised and updated as appropriate; 
"(B) is made available and visibly posted at appropriate 
facilities of the Department; and 
"(C) is made available through appropriate public 
information services; and". 
Deadline. 
(d) REPORT ON IMPLEMENTATION OF OUTREACH ACTIVITIES.— 
Not later than six months after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Veterans' Affairs of the Senate and House of Rep-
resentatives a report on the Secretary's implementation of para-
graph (2) of section 1720D(c) of title 38, United States Code, as 
added by subsection (c). Such report shall include examples of 
the documents and other means of communication developed for 
compliance with that paragraph. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1559 
(e) STUDY OF EXPANDING ELIGIBILITY FOR COUNSELING AND 
TREATMENT.—(1) The Secretary of Veterans Affairs, in consultation 
with the Secretary of Defense, shall conduct a study to determine— 
(A) the extent to which former merabers of the reserve 
components of the Armed Forces experienced physical assault 
of a sexual nature or battery of a sexual nature while serving 
on active duty for training; 
(B) the extent to which such former members have sought 
counseling from the Department of Veterans Affairs relating 
to those incidents; and 
(C) the additional resources that, in the judgment of the 
Secretary, would be required to meet the projected need of 
those former members for such counseling. 
(2) Not later than. 16 months after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Veterans' Affairs of the Senate and House of Rep-
resentatives a report on the results of the study conducted under 
paragraph (1). 
(f) OVERSIGHT OF OUTREACH ACTIVITIES.—Not later than 14 
months after the date of the enactment of this Act, the Secretary 
of Veterans Affairs and the Secretary of Defense shall submit 
to the 
appropriate 
congressional 
committees 
a joint 
report 
describing in detail the collaborative efforts of the Department 
of Veterans Affairs eind the Department of Defense to ensure that 
members of the Armed Forces, upon separation from active military, 
naval, or air service, are provided appropriate and current informa-
tion about progrgims of the Department of Veterans Affairs to 
provide counseling and treatment for sexual trauma that may have 
been experienced by those members while in the active military, 
naval, or air service, including information ab(3ut eligibility require-
ments for, and procedures for applying for, such counseling and 
treatment. The report shall include proposed recommendations from 
both the Secretary of Veterans Affairs and the Secretary of Defense 
for the improvement of their collaborative efforts to provide such 
information. 
(g) REPORT ON IMPLEMENTATION OF SEXUAL TRAUMA TREAT-
MENT PROGRAM.—Not later than 14 months after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives 
a report on the use made of the authority provided under section 
1720D of title 38, United States Code, as amended by this section. 
The report shall include the following with respect to activities 
under that section since the enactment of this Act: 
(1) The number of veterans who have received counseling 
under that section. 
(2) The nimiber of veterans who have been referred to 
non-Department mental health facilities and providers in 
connection with sexual trauma counseling and treatment. 
SEC. 116. SPECIALIZED MENTAL HEALTH SERVICIES. 
(a) IMPROVEMENT TO SPECIALIZED MENTAI. HEALTH SERVICES.— 
The Secretary, in furtherance of the responsibilities of the Secretary 
under section 1706(b) of title 38, United States Code, shall carry 
out a program to expand and improve the provision of specialized 
mentsd health services to veterans. The Secretary shall establish 
the program in consultation with the Committee on Care of Severely 
38 use 1720D 
note. 
Deadline. 
Reports. 
Deadlines. 
Reports. 
38 use 1720D 
note. 
Deadline. 
38 use 1712A 
note. 
113 STAT. 1560 
PUBLIC LAW 106-117—NOV. 30, 1999 
Deadline. 
Chronically Mentally 111 Vetersins established pursuant to section 
7321 of title 38, United States Code. 
(b) COVERED PROGRAMS.—For purposes of this section, the term 
"specialized mental health services" includes programs relating to— 
(1) the treatment of post-traumatic stress disorder; and 
(2) substance use disorders. 
(c) FUNDING.—(1) In carrying out the program described in 
subsection (a), the Secretary shall identify, from funds available 
to the Department for medical care, an amount of not less than 
$15,000,000 to be available to carry out the program and to be 
allocated to facilities of the Department pursuant to subsection 
(d). 
(2) In identifying available amounts pursuant to psiragraph 
(1), the Secretary shall ensure that, after the edlocation of those 
funds under subsection (d), the total expenditure for programs 
relating to (A) the treatment of post-traumatic stress disorder, 
and (B) substance use disorders is not less than $15,000,000 in 
excess of the baseline amount. 
(3) For purposes of paragraph (2), the baseline amount is the 
amount of the total expenditures on such progremis for the most 
recent fiscal year for which final expenditure amounts are known, 
adjusted to reflect any subsequent increase in applicable costs to 
deliver such services in the Veterans Health Administration, as 
determined by the Committee on Care of Severely Chronically Men-
tally 111 Veterans. 
(d) ALLOCATION OF FUNDS TO DEPARTMENT FACILITIES.—The 
Secretary shall allocate funds identified pursuant to subsection 
(cXl) to individual medical facilities of the Department as the 
Secretary determines appropriate based upon proposals submitted 
by those facilities for the use of those funds for improvements 
to specialized mental health services. 
(e) REPORT.—Not later than 12 months after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Veterans' Aifairs of the Senate and House of Representatives 
a report describing the implementation of this section. The Sec-
retsiry shall include in the report information on the allocation 
of fiinds to facilities of the Department under the program and 
a description of the improvements made with those fiinds to special-
ized mental health services for veterans. 
TITLE II—MEDICAL PROGRAM 
ADMINISTRATION 
Regulations. 
SEC. 201. MEDICAL CARE COLLECTIONS. 
(a) LIMITED AUTHORITY To SET COPAYMENTS.—Section 1722A 
is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) The Secretary, pursuant to regulations which the Secretary 
shall prescribe, may— 
"(1) increase the copajnnent amount in effect under sub-
section (a); and 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1561 
"(2) establish a maximum monthly and a maximum annual 
pharmaceutical copayment amount under subsection (a) for 
veterans who have multiple outpatient prescriptions."; and 
(3) in subsection (c), as redesignated by paragraph (1)— 
(A) by striking "this section" and inserting "subsection 
(a)"; and 
(B) by adding at the end the following new sentence: 
"Amounts collected through use of the authority under 
subsection (b) shall be deposited in the Department of 
Veterans Affairs Health Services Improvement Fund.". 
(b) OUTPATIENT TREATMENT.—Section 1710(g) is amended— 
(1) in paragraph (1), by striking "the amount determined 
under paragraph (2) of this subsection" and inserting "in the 
case of each outpatient visit the applicable; amount or amounts 
established by the Secretary by regulation"; and 
(2) in paragraph (2), by strilang all after "for an amount" 
smd inserting "which the Secretary shall establish by regula-
tion.". 
SEC. 202. HEALTH SERVICES IMPROVEMENT FUND. 
(a) ESTABLISHMENT OF FUND.—Chapter 17 is amended by 
inserting after section 1729A the following new section: 
*'§ 1729B. Health Services Improvement Fund 
"(a) There is established in the Treasury of the United States 
a fund to be known as the Department of Veterans Affairs Health 
Services Improvement Fund. 
"(b) Amounts received or collected after the date of the enact-
ment of this section under any of the following provisions of law 
shall be deposited in the fund: 
"(1) Section 1713A of this title. 
"(2) Section 1722A(b) of this title. 
"(3) Section 8165(a) of this title. 
"(4) Section 113 of the Veterans Millennium Health Care 
and Benefits Act. 
"(c) Amounts in the fiind are hereby available, without fiscal 
year limitation, to the Secretary for the purposes stated in subpara-
graphs (A) and (B) of section 1729A(c)(l) of this title. 
"(d) The Secretary shall allocate amounts in the fund in the 
same msinner as applies under subsection (d) of section 1729A 
of this title with respect to amounts made available from the 
fund under that section.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1729A the following new item: 
"1729B. Health Services Improvement Fund.". 
SEC. 203. ALLOCATION TO HEALTH CARE FACILITIES OF AMOUNTS 
MADE AVAILABLE FROM MEDICAL, CARE COLLECTIONS 
FUND. 
Section 1729A(d) is amended— 
(1) by striking "(1)"; 
(2) by striking "each designated health care region" and 
inserting "each Department health care facility"; 
(3) by striking "each region" and inserting "each facility"; 
(4) by striking "such region" both places it appears and 
inserting "such facility"; and 
113 STAT. 1562 
PUBLIC LAW 106-117—NOV. 30, 1999 
(5) by striking paragraph (2). 
SEC. 204. 
AUTHORITY TO 
ACCEPT FUNDS FOR 
EDUCATION 
AND 
TRAINING. 
(a) ESTABLISHMENT OF NONPROFIT CORPORATIONS AT MEDICAL 
CENTERS.—Section 7361(a) is amended— 
(1) by inserting "and education" after "research"; and 
(2) by adding at the end the following: "Such a corporation 
may be established to facilitate either research or education 
or both research and education.". 
(b) PURPOSE OF CORPORATIONS.—Section 7362 is amended— 
(1) in the first sentence— 
(A) by inserting "(a)" before "Any corporation"; and 
(B) by inserting "and education and training as 
described in sections 7302, 7471, 8154, and 1701(6)(B) of 
this title" after "of this title"; 
(2) in the second sentence— 
(A) by inserting "or education" after "research"; and 
(B) by striking "that purpose" and inserting "these 
purposes"; and 
(3) by adding at the end the following new subsection: 
"(b) For purposes of this section, the term 'education and 
training* means the following: 
"(1) In the case of employees of the Veterans Health 
Administration, such term means work-related instruction or 
other learning experiences to— 
"(A) improve performance of current duties; 
"(B) assist employees in maintaining or gaining special-
ized proficiencies; and 
"(C) expand understanding of advances and changes 
in patient care, technology, and health care administration. 
Such term includes (in the case of such employees) education 
and training conducted as part of a residency or other program 
designed to prepare an individual for an occupation or profes-
sion. 
"(2) In the case of veterans under the care of the Veterans 
Health Administration, such term means instruction or other 
learning experiences related to improving and maintaining the 
health of veterans to patients and to the families and guardians 
of patients.". 
(c) BOARD OF DIRECTORS.—Section 7363(a) is amended— 
(1) in subsection (a)(1), by striking all after "medical center, 
and" and inserting "as appropriate, the assistant chief of staff 
for research for the medical center and the assistant chief 
of staff for education for the medical center, or, in the case 
of a facility at which such positions do not exist, those officials 
who are responsible for carrying out the responsibilities of 
the medical center director, chief of staff, and, as appropriate, 
the assistant chief of staff for research and the assistant chief 
of staff for education; and"; 
(2) in subsection (a)(2), by inserting "or education, as appro-
priate" after "research"; and 
(3) in subsection (c), by inserting "or education" after 
"research". 
(d) APPROVAL OF EXPENDITURES.—Section 7364 is amended by 
adding at the end the following new subsection: 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1563 
"(c)(1) A corporation established under this subchapter may 
not spend funds for an education activity unless the activity is 
approved in accordance with procedures prescribed by the Under 
Secretary for Health. 
"(2) The Under Secretary for Health shall prescribe policies Regulations. 
and procedures to guide the expenditure of fiiinds by corporations 
under paragraph (1) consistent with the purj)ose of such corpora-
tions as flexible funding mechanisms.". 
(e) 
ACCOUNTABILITY AND OVERSIGHT.—Section 7366(d) is 
amended— 
(1) in paragraph (2)(B), by inserting "for research and 
the amount received from governmental entities for education" 
after "entities"; 
(2) in paragraph (2)(C), by inserting "for research and 
the amount received from all other sources for education" after 
"sources"; 
(3) in paragraph (2)(D), by striking "the" and inserting 
"a"; 
(4) in paragraph (3)(A), by striking "and" and inserting 
", the amount expended for salary for education staff, and 
the amoxint expended"; 
(5) in paragraph (3)(B), by inserting "and the amount 
expended for direct support of education" after "research"; and 
(6) by adding at the end the following new paragraph: 
"(4) The amount expended by each corporation during the 
year for travel conducted in conjunction with research and 
the amount expended for travel in conjunction with education.". 
SEC. 206. EXTENSION OF CERTAIN AUTHORITIES. 
(a) READJUSTMENT COUNSELING.—Section 1712A(a)(l)(B)(ii) is 
amended by striking "January 1, 2000" and inserting "January 
1,2004". 
(b) NEWSLETTER ON MEDICAL CARE FOR PERSIAN GULF VET-
ERANS.—Section 105(b)(2) of the Persian Gulf War Veterans' Bene-
fits Act (title I of PubUc Law 103-446; 108 Stat. 4659; 38 U.S.C. 
1117 note) is amended by striking "December 31, 1999" and 
inserting "December 31, 2003". 
(c) EVALUATION OF HEALTH OF SPOUSES AND CHILDREN OP 
ssusciii? 
PERSIAN GULF VETERANS.—Section 107(b) of that Act is amended note. 
by striking "December 31, 1999" and inserting "December 31, 2003". 
SEC. 206. REESTABUSHMENT OF COMMITTEE ON POST-TRAUMATIC 
STRESS DISORDER. 
Section 110 of the Veterans' Health Care Act of 1984 (38 
U.S.C. 1712A note) is amended— 
(1) by striking "Chief Medical Director" each place it 
appears and inserting "Under Secretary for Health"; 
(2) by striking "Veterans' Administration" each place it 
appears (other than in subsection (a)(1)) and inserting "Depart-
ment"; 
(3) by striking "Vetergins' Administration" in subsection 
(aXD and inserting "Department of Veterans Affairs"; 
(4) by striking "Department of Medicine and Surgery" each 
place it appears and inserting "Veterans Health Administra-
tion"; 
(5) by striking "section 612A" in subsection (aX2) and 
inserting "section 1712A"; 
113 STAT. 1564 
PUBLIC LAW 106-117—NOV. 30, 1999 
Applicability. 
(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 fi-om 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); 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1565 
(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 can^^ 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 luider 
this subchapter, including beds which have not been recognized 
by the Secretary imder 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 £unended— 
(1) in subsection (a)— 
(A) by striking "set forth—" in the matter preceding 
paragraph (1) £ind 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) euid 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), £ind (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 appHcation 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 finaiicial plan imder para-
graph (1)(B) shall be a basis for disappro^mig the appHcation."; 
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 
113 STAT. 1566 
PUBLIC LAW 106-117—NOV. 30, 1999 
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) 
£ind 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 fi-om 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 fi-om 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". 
38 use 8135 
(c) TRANSITION.—(1) The provisions of sections 8134 and 8135 
note. 
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 fi^om amounts appropriated for fiscal year 1999 
under the State home grant program, and (ii) does not have 
£iny fiscal year 1999 priority one projects. 
(3) For purposes of this subsection— 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1567 
(A) the term "fiscal year 1999 priority one project" means 
a project on the Ust 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 
38 use 8134 
shall prescribe the initial regulations under subsection (a) of section note. 
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 (md 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 ressult 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 iinserting 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) Sulasection (b) of section 8163 is amended— 
(A) by striking "include—" and instjrting "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 
113 STAT. 1568 
PUBLIC LAW 106-117—NOV. 30, 1999 
(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 veter8ins 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-
er£ins 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". 
38 use 8161 
(f) TRAINING AND OUTREACH REGARDING AUTHORITY.—The Sec-
^ote. 
retary shall take appropriate actions to provide training and out-
reach to personnel at Depgirtment 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. 
38 use 8161 
(g) INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR USE OF 
i^ote. 
AUTHORITY.—(1) The Secretary shall take appropriate actions to 
secure from £in appropriate entity (or entities) independent of the 
Department an analysis (or £inalyses) of opportunities for the use 
of the enhanced-use lease authority under subchapter V of chapter 
81 of title 38, United States Code. 
(2) AQ analysis imder 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 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1569 
property identified under subparagraph (A) as presenting an 
opportunity for such lease; and 
(C) an assessment of the resources required at the Depart-
ment faciUties 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 parag^raph (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 opportiuiity 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 TN ANOTHER JURISDIC-
TION. 
Section 7402 is amended by adding at the end the following 
new subsection: 
"(f) A person may not be employed in £i position imder 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; 
emd 
"(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 Deadline. 
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 euid the Department of Defense 
in the procurement of pharmaceuticals and medical supplies. 
113 STAT. 1570 
PUBLIC LAW 106-117—NOV. 30, 1999 
(2) An assessment of the means by which cooperation 
between the depsirtments 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 
E
lanned 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. 
Deadline. 
(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 Psirticipating Physician Fee Schedule under the Medicare 
program as a means of calculating reimbursement rates for medical 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1571 
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 
oftitle 38, United States Code. 
^ 
TITLE HI- MISCELLANEOUS MEDICAL 
PROVISIONS 
SEC. 301. REVIEW OF PROPOSED CHANGES TO OPERATION OF MED-
ICAL FAdLTTIES. 
Section 8110 is amended by adding at the end the following 
new subsections: 
"(d) The Secretary may not in any fiscal year close more thsin Reports. 
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 eind the 
House of Representatives a report providing a justification for the 
closure. No action to carry out such closun? 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' Deadline. 
Affairs of the Senate and the House of Representatives, not later Reports, 
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 chsinges 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 resjject 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. 
113 STAT. 1572 
PUBLIC LAW 106-117—NOV. 30, 1999 
"(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 ehgible 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 FAdLITIES. 
Section 7803 is amended— 
(1) in subsection (a)— 
(A) by striking "(a)" before "The csmteens"; 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). 
38 use 1710 
SEC. 303. CHIROPRACTIC TREATMENT. 
Deadline. 
(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 lOANNIS A. LOUGARIS DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL CENTER, RENO, NEVADA. 
The hospital bed replacement building under construction at 
the loannis 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 Veterems 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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1573 
(3) Construction of a surgicsd 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 amoimt 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 Orleindo, 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 yesir 2000 or fiscal year 
2001 pursuant to the authorization of aippropriations in sub-
section (a); 
(2) fimds appropriated for Construction, Major Projects, 
for a fiscal year before fiscal year 2000 that remain avEulable 
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 DIG 
SEC. 501. DEPENDENCY AND INDEMNITY COMPENSATION FOR SUR- JohnWilUam 
VIVING SPOUSES OF FORMER PRISONERS OF WAR. 
Rolen Act. 
(a) SHORT TITLE.—^This section may be cited as the "John 
38 use loi note. 
WiUiam 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—"; 
113 STAT. 1574 
PUBLIC LAW 106-117—NOV. 30, 1999 
(2) in paragraph (1)— 
(A) by inserting "the disabihty" 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). 
38 use 103 note. 
(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. 
38 use 103 note. 
(d) LIMITATION,—No pa3anent 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). 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1575 
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—^Employitnent 
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 EMI'LOYMENT 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- Regulations. 
tions necessary for the administration of this subsection. The regula-
tions shall ensure that an individual who h£is 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 Meinagement; shall prescribe regula- Regulations. 
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 Applicability. 
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. 
113 STAT. 1576 
PUBLIC LAW 106-117—NOV. 30, 1999 
5 use 3304 note. 
(2) If pursuant to subsection (a) the amendments specified 
in subsection (c) £ire 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 Emplojonent 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 soUcit 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, cop5ndght or patent. 
"(2) The Chairman of the Commission shgdl deposit in the 
fund the amoimts 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 £uiy 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 obUgation 
guaranteed as to principal and interest by the United States that, 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1577 
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, talking 
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 vsrhich 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 Seci'etary. The authority 
of the Commission to issue obligations under this subsection shall 
remain available without fiscal year limitation. The Secreteiry 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 luider this subsection. 
"(4) Repayment of the interest and principal on any funds 
borrowed by the Commission under paragraph (1) shedl 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 fluids that the Commission may 
borrow from the Treasiuy under subsection (d) as funds available 
113 STAT. 1578 
PUBLIC LAW 106-117—NOV. 30, 1999 
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 volxinteer 
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 canying 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 luider 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 ^ o w 
the use of volxmteer 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. 
Expiration date. 
"(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 PubKc 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. 
36 use 2113 
(c) EFFECT OF REPEAL OF CURRENT MEMORIAL FUND.—Upon 
note. 
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 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1579 
out the purposes of this chapter. The Commission shall deposit 
such funds in a separate account in the Ti-easury. Funds from 
that account shall be disbursed upon vouchers approved by the 
Chairman of the Commission. 
"(2) The Commission shall establish written guidelines setting Guidelines. 
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 m£inner; 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 gmy 
mark, copyright, patent, or license for the use of such mark, copy-
right or patent, except to the extent the :^ant of such license 
by the Commission would be contrary to any contract or license 
by which the use of the mark, cop5n:ight, 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 ftir-
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.". 
113 STAT. 1580 
PUBLIC LAW 106-117—NOV. 30, 1999 
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) emd inserting "title 37"; and 
(B) by striking "title 5, United States Code," in para-
graph (3) £ind 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 
38 use 2400 
note. 
Deadlines. 
38 use 2404 
note. 
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 thereetfter 
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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1581 
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 orgginization. 
(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 appeareince of 
active national cemeteries, and the feasibility of making stand-
ards of appeeirance of closed national cemeteries, commensurate 
with stsmdards 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 afl;er 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 
vetergins' cemeteries. 
(c) REPORT.—(1) Not later thgm 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. 
38 use 2404 
note. 
Deadline. 
Contracts. 
Deadlines. 
113 STAT. 1582 
PUBLIC LAW 106-117—NOV. 30, 1999 
Subtitle C—Burial Benefits 
Deadline. 
Contracts. 
Deadlines. 
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 imder 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 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1583 
"(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 TRAININiG 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 Mille;nnium Health Care 
and Benefits Act if that date is later than the date that would 
otherwise be applicable to that individual undei- this section.". 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act 
Eind 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 vet(3rans 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. 
Applicability. 
Applicability. 
38 u s e 3011 
note. 
Deadlines. 
69-194-01-3 :QL3Part3 
113 STAT. 1584 
PUBLIC LAW 106-117—NOV. 30, 1999 
(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, £ind 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.". 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1585 
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 sissurance 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 
£uid 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 re\dews 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 subchiapter 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; 
113 STAT. 1586 
PUBLIC LAW 106-117—NOV. 30, 1999 
"(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.". 
38 use 7731 
(b) EFFECTIVE DATE.—Subchapter III of chapter 77 of title 
note. 
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 terrti liome-
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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1587 
"(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 PERFORWIANCE 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 Developmemt and the Secretary 
of Labor. 
(b) INCLUSION OF OUTCOME MEASURES.—The plan shall include 
outcome measures to show whether veterans for whom housing 
or emplo3ntnent is secured through one or moi-e of those programs 
continue to be housed or employed, as the case may be, after 
six months. 
Deadline. 
TITLE X—UNITED STATES COURT OF 
APPEALS FOR VETERANS CLAIMS 
SEC. 1001. SHORT TITLE. 
This title may be cited as the 
Claims Amendments of 1999". 
'Court of Appeals for Veterans 
Court of Appeals 
for Veterans 
Claims 
Amendments of 
1999. 
38 u s e 101 note. 
113 STAT. 1588 
PUBLIC LAW 106-117—NOV. 30, 1999 
38 use 7296 
note. 
38 use 7296 
note. 
President. 
Deadline. 
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. 1
0
1
1
. 
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(1) 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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1589 
(i) ADJUSTMENTS IN RETIRED PAY FOR JLFDGES AVAILABLE FOR Applicability. 
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 Applicability. 
States Code, shall apply with respect to tlie 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 emplo3maent 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 jand benefits of judges 
of the Court. 
113 STAT. 1590 
PUBLIC LAW 106-117—NOV. 30, 1999 
(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. 
(1) 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. 
38 u s e 7296 
SEC. 1012. MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO 
note 
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)— 
Applicability. 
(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 
13 
66 
13 
67 
13 
68 
12 
69 
11 
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: 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1591 
"§ 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 ftirther service on the 
Court a recall-eligible retired judge in accordance with this section. 
Such a recall shall be made upon written centification by the chief 
Certification. 
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 (ot;her 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 iDecomes 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. 
113 STAT. 1592 
PUBLIC LAW 106-117—NOV. 30, 1999 
"(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 recedl-
eligible retired judge under that section eind 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 £innuities 
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". 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1593 
(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 "wtio 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 follovdng 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 RETIRIDD JUDGES. 
(a) IN GENERAL.—Chapter 72 is amend(3d 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 meiking 
einy 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 
Applicability. 
or employee of the United States, but only during periods when 
the judge is serving in recall status. Any pi'ohibition, limitation, 
or restriction that would otherwise apply to the activities of a 
113 STAT. 1594 
PUBLIC LAW 106-117—NOV. 30, 1999 
recall-eligible judge shall apply only during periods when the judge 
is serving in recall status.". 
(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: 
"7299. Limitation on activities of retired judges.". 
Subtitle C—^Rotation of Service of Judges 
as Chief Judge of the Court 
Effective date. 
SEC. 1031. REPEAL OF SEPARATE APPOINTMENT OF CHIEF JUDGE, 
Subsection (a) of section 7253 is amended to read as follows: 
"(a) COMPOSITION.—The Court of Appeals for Veterans Claims 
is composed of at least three and not more than seven judges, 
one of whom shall serve as chief judge in accordance with subsection 
(d).". 
SEC. 1032. DESIGNATION AND TERM OF CHIEF JUDGE OF COURT. 
(a) ROTATION.—Subsection (d) of section 7253 is amended to 
read as follows: 
"(d) CHIEF JUDGE.—(1) The chief judge of the Court shall be 
the judge of the Court in regular active service who is senior 
in commission among the judges of the Court who— 
"(A) have served for one or more years as judges of the 
Court; and 
"(B) have not previously served as chief judge. 
"(2) In any case in which there is no judge of the Court in 
regular active service who has served as a judge of the Court 
for at least one year, the judge of the court in regular active 
service who is senior in commission and has not served previously 
as chief judge shall act as the chief judge. 
"(3) Except as provided in paragraph (4), a judge of the Court 
shall serve as the chief judge under paragraph (1) for a term 
of five years or until the judge becomes age 70, whichever occurs 
first. If no other judge is eligible under paragraph (1) to serve 
as chief judge upon the expiration of that term, that judge shall 
continue to serve as chief judge until another judge becomes eligible 
under that paragraph to serve as chief judge. 
"(4)(A) The term of a chief judge shall be terminated before 
the end of the term prescribed by paragraph (3) if— 
"(i) the chief judge leaves regular active service as a judge 
of the court; or 
"(ii) the chief judge notifies the other judges of the court 
in writing that such judge desires to be relieved of the duties 
of chief judge. 
"(B) The effective date of a termination of the term under 
subparagraph (A) shall be the date on which the chief judge leaves 
regular active service or the date of the notification under subpara-
graph (A)(ii), as the case may be. 
"(5) If a chief judge is temporarily unable to perform the duties 
of chief judge, those duties shall be performed by the judge of 
the court in active service who is present, able and qualified to 
act, and is next in precedence. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1595 
"(6) Judges who have the same seniority in commission shall 
be eligible for service as chief judge in accordance with their relative 
precedence.". 
(b) INELIGIBILITY OF JUDGES ON TEMPORARY SERVICE.—^A person 
serving as a judge of the Court under section 1011 may not serve 
as chief judge of the Court. 
SEC. 1033. SALARY. 
Subsection (e) of section 7253 is amended to read as follows: 
"(e) SALARY.—Each judge of the Court shall receive a salary 
at the same rate as is received by judges of the United States 
district courts.". 
SEC. 1034. PRECEDENCE OF JUDGES. 
Subsection (d) of section 7254 is amended to read as follows: 
"(d) PRECEDENCE OF JUDGES.—The chief judge of the Court 
shall have precedence and preside at any session that the chief 
judge attends. The other judges shall have precedence and preside 
according to the seniority of their original commissions. Judges 
whose commissions beeir the same date shiall have precedence 
according to seniority in age.". 
SEC. 1035. CONFORMING AMENDMENTS. 
Chapter 72 is amended as follows: 
(1) Section 7281(g) is amended to read as follows: 
"(g) The chief judge of the Court may exercise the authority 
of the Court under this section whenever there are not at least 
two other judges of the Court.". 
(2) Sections 7296(a)(2) and 7297(a)(2) are amended by 
striking "the chief judge or an associate judge" and inserting 
"a judge". 
SEC. 1036. APPLICABILITY OF AMENDMENTS. 
(a) EFFECTIVE DATE.—The amendments made by this subtitle 
shall take effect on the date of the enactment of this Act. 
(b) SAVINGS PROVISION FOR INCUMBENT CHIEF JUDGE.—The 
amendments made by this subtitle shall not apply while the indi-
vidual who is chief judge of the Court on the date of the enactment 
of this Act continues to serve as chief judge. If that individual, 
upon termination of service as chief judge, provides notice under 
section 7257 of title 38, United States Code, of availability for 
service in a recalled status, the rate of paiy applicable to that 
individual under section 7296(c)(1)(A) of such title while serving 
in a recalled status shall be at the rate of pay applicable to that 
individual at the time of retirement, if greater than the rate other-
wise applicable under that section. 
38 u s e 7296 
note. 
38 u s e 7253 
note. 
TITLE XI—VOLUNTARY SEPARATION 
INCENTIVE PROGRAM 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Department of Vetersuis Affairs 
Emplo3mient Reduction Assistance Act of 1999". 
Department of 
Veterans Affairs 
Employment 
Reduction 
Assistance Act of 
1999. 
5 u s e 5597 note. 
113 STAT. 1596 
PUBLIC LAW 106-117—NOV. 30, 1999 
5 u s e 5597 note. 
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 plgm. 
(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 
Applicability. 
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). 
5 u s e 5597 note. 
SEC. 1103. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. 
(a) AUTHORITY TO PAY VOLUNTARY SEPARATION INCENTIVE PAY-
MENTS.—(1) The Secretary may pay a voluntary separation incentive 
pajnnent 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 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1597 
(B) if the Under Secretary concerned, or the head of the 
staff office concerned, approves the pajmient of the voluntary 
separation incentive pa)anent to that employee. 
(2) In order to receive a voluntary separation incentive pa)mient 
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 t;he employee's separa-
tion under this title; 
(2) shall be in an amount equal to the lesser o
f
— 
(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 
£iny 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- 5 USC 5597 note. 
MENT. 
(a) REPAYMENT UPON REEMPLOYMENT.—Except as provided in 
subsection (b), an individual who is paid a voluntary separation 
incentive pajnnent under this title and who subsequently accepts 
employment with the Government within five years after the date 
of the separation on which the pa3anent 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 INIDIVIDUALS.—(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 th(j Postal Rate Commis-
sion, the Director of the Office of Personnel Management may, 
at the request of the head of such agency, waive repa3m[ient 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 repaymient 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 
113 STAT. 1598 
PUBLIC LAW 106-117—NOV. 30, 1999 
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; smd 
(2) for purposes of subsection (a), emplojmtient with any 
agency of the Government through a personal services contract. 
5 u s e 5597 note. 
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 (l)(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). 
Applicability. 
"(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.". 
5 u s e 5597 note. 
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. 
PUBLIC LAW 106-117—NOV. 30, 1999 
113 STAT. 1599 
(b) ENFORCEMENT.—The President, through the Office of President. 
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 AuTHORirif.—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 disgibility 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 paymeiat 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. 
5 u s e 5597 note. 
5 u s e 5597 note. 
5 u s e 5597 note. 
113 STAT. 1600 
PUBLIC LAW 106-117—NOV. 30, 1999 
(H) An employee who, during the 24-month period 
preceding the date of separation, was relocated at the 
expense of the Federal Government. 
Approved November 30, 1999. 
LEGISLATIVE HISTORY—H.R. 2116: 
HOUSE REPORTS: Nos. 106-237 (Comm. on Veterans' Affairs) and 106-470 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Sept. 21, considered and passed House. 
Nov. 5, considered and passed Senate, amended. 
Nov. 16, House agreed to conference report. 
Nov. 19, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Nov. 30, Presidential statement.