[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1076

  To amend title 38, United States Code, to provide a cost-of-living 
   adjustment in rates of compensation paid to veterans with service-
  connected disabilities, to enhance programs providing health care, 
education, and other benefits for veterans, to authorize major medical 
   facility projects, to reform eligibility for burial in Arlington 
               National Cemetery, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 1999

  Mr. Specter introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to provide a cost-of-living 
   adjustment in rates of compensation paid to veterans with service-
  connected disabilities, to enhance programs providing health care, 
education, and other benefits for veterans, to authorize major medical 
   facility projects, to reform eligibility for burial in Arlington 
               National Cemetery, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

           Subtitle A--Compensation Cost-of-Living-Adjustment

Sec. 101. Short title.
Sec. 102. Increase in rates of disability compensation and dependency 
                            and indemnity compensation.
Sec. 103. Publication of adjusted rates.
                Subtitle B--Compensation Rate Amendments

Sec. 111. Disability compensation.
Sec. 112. Additional compensation for dependents.
Sec. 113. Clothing allowance for certain disabled veterans.
Sec. 114. Dependency and indemnity compensation for surviving spouses.
Sec. 115. Dependency and indemnity compensation for children.
Sec. 116. Effective date.
                     TITLE II--EDUCATIONAL BENEFITS

Sec. 201. Short title.
Sec. 202. Increase in basic benefit of active duty educational 
                            assistance.
Sec. 203. Increase in rates of survivors and dependents educational 
                            assistance.
Sec. 204. Eligibility of members of the Armed Forces to withdraw 
                            elections not to receive Montgomery GI Bill 
                            basic educational assistance.
Sec. 205. Accelerated payments of basic educational assistance.
                        TITLE III--MEDICAL CARE

                       Subtitle A--Long-Term Care

Sec. 301. Adult day health care.
Sec. 302. In-home respite care services.
       Subtitle B--Management of Medical Facilities and Property

Sec. 311. Disposal of Department of Veterans Affairs real property.
Sec. 312. Extension of enhanced-use lease authority.
                     Subtitle C--Homeless Veterans

Sec. 321. Extension of program of housing assistance for homeless 
                            veterans.
Sec. 322. Homeless veterans comprehensive service programs.
Sec. 323. Authorizations of appropriations for homeless veterans' 
                            reintegration projects.
Sec. 324. Report on implementation of General Accounting Office 
                            recommendations regarding performance 
                            measures.
                Subtitle D--Other Health Care Provisions

Sec. 331. Treatment and services for drug or alcohol dependency.
Sec. 332. Allocation to Department of Veterans Affairs health care 
                            facilities of amounts in Medical Care 
                            Collections Fund.
Sec. 333. Extension of certain Persian Gulf War authorities.
Sec. 334. Report on coordination of procurement of pharmaceuticals and 
                            medical supplies by the Department of 
                            Veterans Affairs and the Department of 
                            Defense.
 Subtitle E--Major Medical Facility Projects Construction Authorization

Sec. 341. Authorization of major medical facility projects.
                    TITLE IV--OTHER BENEFITS MATTERS

Sec. 401. Payment rate of certain burial benefits for certain Filipino 
                            veterans.
Sec. 402. Extension of authority to maintain a regional office in the 
                            Republic of the Philippines.
Sec. 403. Extension of Advisory Committee on Minority Veterans.
Sec. 404. Repeal of limitation on payments of benefits to incompetent 
                            institutionalized veterans.
Sec. 405. Clarification of veterans employment opportunities.
                       TITLE V--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

Sec. 501. Short title.
Sec. 502. Persons eligible for burial in Arlington National Cemetery.
Sec. 503. Persons eligible for placement in the columbarium in 
                            Arlington National Cemetery.
                   Subtitle B--World War II Memorial

Sec. 511. Short title.
Sec. 512. Fund raising by American Battle Monuments Commission for 
                            World War II memorial.
Sec. 513. General authority of American Battle Monuments Commission to 
                            solicit and receive contributions.
Sec. 514. Intellectual property and related items.
      TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Sec. 601. Staggered retirement of judges.
Sec. 602. Recall of retired judges.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

           Subtitle A--Compensation Cost-of-Living-Adjustment

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 1999''.

SEC. 102. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY 
              AND INDEMNITY COMPENSATION.

    (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, 
effective on December 1, 1999, increase the dollar amounts in effect 
for the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under sections 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount in effect under 
        section 1162 of such title.
            (4) New dic rates.--The dollar amounts in effect under 
        paragraphs (1) and (2) of section 1311(a) of such title.
            (5) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of such title.
            (6) Additional dic for surviving spouses with minor 
        children.--The dollar amount in effect under section 1311(b) of 
        such title.
            (7) Additional dic for disability.--The dollar amounts in 
        effect under sections 1311(c) and 1311(d) of such title.
            (8) DIC for dependent children.--The dollar amounts in 
        effect under sections 1313(a) and 1314 of such title.
    (c) Determination of Increase.--(1) The increase under subsection 
(a) shall be made in the dollar amounts specified in subsection (b) as 
in effect on November 30, 1999.
    (2) Except as provided in paragraph (3), each such amount shall be 
increased by the same percentage as the percentage by which benefit 
amounts payable under title II of the Social Security Act (42 U.S.C. 
401 et seq.) are increased effective December 1, 1999, as a result of a 
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
    (3) Each dollar amount increased pursuant to paragraph (2) shall, 
if not a whole dollar amount, be rounded down to the next lower whole 
dollar amount.
    (d) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates of 
disability compensation payable to persons within the purview of 
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.

SEC. 103. PUBLICATION OF ADJUSTED RATES.

    At the same time as the matters specified in section 215(i)(2)(D) 
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be 
published by reason of a determination made under section 215(i) of 
such Act during fiscal year 2000, the Secretary of Veterans Affairs 
shall publish in the Federal Register the amounts specified in 
subsection (b) of section 102, as increased pursuant to that section.

                Subtitle B--Compensation Rate Amendments

SEC. 111. DISABILITY COMPENSATION.

    (a) Increase in Rates.--Section 1114 is amended--
            (1) by striking ``$95'' in subsection (a) and inserting 
        ``$96'';
            (2) by striking ``$182'' in subsection (b) and inserting 
        ``$184'';
            (3) by striking ``$279'' in subsection (c) and inserting 
        ``$282'';
            (4) by striking ``$399'' in subsection (d) and inserting 
        ``$404'';
            (5) by striking ``$569'' in subsection (e) and inserting 
        ``$576'';
            (6) by striking ``$717'' in subsection (f) and inserting 
        ``$726'';
            (7) by striking ``$905'' in subsection (g) and inserting 
        ``$916'';
            (8) by striking ``$1,049'' in subsection (h) and inserting 
        ``$1,062'';
            (9) by striking ``$1,181'' in subsection (i) and inserting 
        ``$1,196'';
            (10) by striking ``$1,964'' in subsection (j) and inserting 
        ``$1,989'';
            (11) by striking ``$2,443'' and ``$3,426'' in subsection 
        (k) and inserting ``$2,474'' and ``$3,470'', respectively;
            (12) by striking ``$2,443'' in subsection (l) and inserting 
        ``$2,474'';
            (13) by striking ``$2,694'' in subsection (m) and inserting 
        ``$2,729'';
            (14) by striking ``$3,066'' in subsection (n) and inserting 
        ``$3,105'';
            (15) by striking ``$3,426'' each place it appears in 
        subsections (o) and (p) and inserting ``$3,470'';
            (16) by striking ``$1,471'' and ``$2,190'' in subsection 
        (r) and inserting ``$1,490'' and ``$2,218'', respectively; and
            (17) by striking ``$2,199'' in subsection (s) and inserting 
        ``$2,227''.
    (b) Special Rule.--The Secretary of Veterans Affairs may authorize 
administratively, consistent with the increases specified in this 
section, the rates of disability compensation payable to persons within 
the purview of section 10 of Public Law 85-857 who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.

SEC. 112. ADDITIONAL COMPENSATION FOR DEPENDENTS.

    Section 1115(1) is amended--
            (1) by striking ``$114'' in clause (A) and inserting 
        ``$115'';
            (2) by striking ``$195'' in clause (B) and inserting 
        ``$197'';
            (3) by striking ``$78'' in clause (C) and inserting 
        ``$79'';
            (4) by striking ``$92'' in clause (D) and inserting 
        ``$93'';
            (5) by striking ``$215'' in clause (E) and inserting 
        ``$217''; and
            (6) by striking ``$180'' in clause (F) and inserting 
        ``$182''.

SEC. 113. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

    Section 1162 is amended by striking ``$528'' and inserting 
``$534''.

SEC. 114. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.

    (a) New Law Rates.--Section 1311(a) is amended--
            (1) by striking ``$850'' in paragraph (1) and inserting 
        ``$861''; and
            (2) by striking ``$185'' in paragraph (2) and inserting 
        ``$187''.
    (b) Old Law Rates.--The table in subsection (a)(3) is amended to 
read as follows:

  

                                  Monthly                       Monthly
``Pay grade                          rate   Pay grade              rate
    E-1......................        $861       W-4........      $1,030
    E-2......................         861       O-1........         909
    E-3......................         861       O-2........         940
    E-4......................         861       O-3........       1,004
    E-5......................         861       O-4........       1,062
    E-6......................         861       O-5........       1,170
    E-7......................         890       O-6........       1,318
    E-8......................         940       O-7........       1,424
    E-9......................      \1\980       O-8........       1,561
    W-1......................         909       O-9........       1,672
    W-2......................         946       O-10.......    \2\1,834
    W-3......................         974
 
``\1\If the veteran served as sergeant major of the Army, senior
  enlisted advisor of the Navy, chief master sergeant of the Air Force,
  sergeant major of the Marine Corps, or master chief petty officer of
  the Coast Guard, at the applicable time designated by section 402 of
  this title, the surviving spouse's rate shall be $1,057.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
  Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
  Operations, Chief of Staff of the Air Force, Commandant of the Marine
  Corps, or Commandant of the Coast Guard, at the applicable time
  designated by section 402 of this title, the surviving spouse's rate
  shall be $1,966.''.

    (c) Additional DIC for Children.--Section 1311(b) is amended by 
striking ``$215'' and inserting ``$217''.
    (d) Aid and Attendance Allowance.--Section 1311(c) is amended by 
striking ``$215'' and inserting ``$217''.
    (e) Housebound Rate.--Section 1311(d) is amended by striking 
``$104'' and inserting ``$105''.

SEC. 115. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

    (a) DIC for Orphan Children.--Section 1313(a) is amended--
            (1) by striking ``$361'' in paragraph (1) and inserting 
        ``$365'';
            (2) by striking ``$520'' in paragraph (2) and inserting 
        ``$526'';
            (3) by striking ``$675'' in paragraph (3) and inserting 
        ``$683''; and
            (4) by striking ``$675'' and ``$132'' in paragraph (4) and 
        inserting ``$683'' and ``$133'', respectively.
    (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is 
amended--
            (1) by striking ``$215'' in subsection (a) and inserting 
        ``$217'';
            (2) by striking ``$361'' in subsection (b) and inserting 
        ``$365''; and
            (3) by striking ``$182'' in subsection (c) and inserting 
        ``$184''.

SEC. 116. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on November 
30, 1999.

                     TITLE II--EDUCATIONAL BENEFITS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``All-Volunteer Force Educational 
Assistance Programs Improvements Act of 1999''.

SEC. 202. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY EDUCATIONAL 
              ASSISTANCE.

    (a) Increase in Basic Benefit.--Section 3015 is amended--
            (1) in subsection (a)(1), by striking ``$528'' and 
        inserting ``$600''; and
            (2) in subsection (b)(1), by striking ``$429'' and 
        inserting ``$488''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1999, and shall apply with respect to 
educational assistance allowances paid for months after September 1999. 
However, no adjustment in rates of educational assistance shall be made 
under section 3015(g) of title 38, United States Code, for fiscal year 
2000.

SEC. 203. INCREASE IN RATES OF SURVIVORS AND DEPENDENTS EDUCATIONAL 
              ASSISTANCE.

    (a) Survivors and Dependents Educational Assistance.--Section 3532 
is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$485'' and inserting ``$550'';
                    (B) by striking ``$365'' and inserting ``$414''; 
                and
                    (C) by striking ``$242'' and inserting ``$274'';
            (2) in subsection (a)(2), by striking ``$485'' and 
        inserting ``$550'';
            (3) in subsection (b), by striking ``$485'' and inserting 
        ``$550''; and
            (4) in subsection (c)(2)--
                    (A) by striking ``$392'' and inserting ``$445'';
                    (B) by striking ``$294'' and inserting ``$333''; 
                and
                    (C) by striking ``$196'' and inserting ``$222''.
    (b) Correspondence Course.--Section 3534(b) is amended by striking 
``$485'' and inserting ``$550''.
    (c) Special Restorative Training.--Section 3542(a) is amended--
            (1) by striking ``$485'' and inserting ``$550'';
            (2) by striking ``$152'' each place it appears and 
        inserting ``$172''; and
            (3) by striking ``$16.16'' and inserting ``$18.35''.
    (d) Apprenticeship Training.--Section 3687(b)(2) is amended--
            (1) by striking ``$353'' and inserting ``$401'';
            (2) by striking ``$264'' and inserting ``$299'';
            (3) by striking ``$175'' and inserting ``$198''; and
            (4) by striking ``$88'' and inserting ``$99''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999, and shall apply with respect to educational 
assistance paid for months after September 1999.

SEC. 204. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES TO WITHDRAW 
              ELECTIONS NOT TO RECEIVE MONTGOMERY GI BILL BASIC 
              EDUCATIONAL ASSISTANCE.

    (a) Members on Active Duty.--Section 3011(c) is amended by adding 
at the end the following:
    ``(4)(A) An individual who makes an election under paragraph (1) 
may withdraw the election at any time before the discharge or release 
of the individual from active duty in the Armed Forces. An individual 
who withdraws such an election shall be entitled to basic educational 
assistance under this chapter.
    ``(B) The withdrawal of an election under this paragraph shall be 
made in accordance with regulations prescribed by the Secretary of 
Defense or by the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy.
    ``(C)(i) In the case of an individual who withdraws an election 
under this paragraph--
            ``(I) the basic pay of the individual shall be reduced by 
        $100 for each month after the month in which the election is 
        made until the total amount of such reductions equals $1,500; 
        or
            ``(II) to the extent that basic pay is not so reduced 
        before the individual's discharge or release from active duty 
        in the Armed Forces, the Secretary shall collect from the 
        individual an amount equal to the difference between $1,500 and 
        the total amount of reductions under subclause (I).
    ``(ii) An individual described in clause (i) may pay the Secretary 
at any time an amount equal to the total amount of the reduction in 
basic pay otherwise required with respect to the individual under that 
clause minus the total amount of reductions of basic pay of the 
individual under that clause at the time of the payment under this 
clause.
    ``(iii) The second sentence of subsection (b) shall apply to any 
reductions in basic pay under clause (i)(I).
    ``(iv) Amounts collected under clause (i)(II) and amounts paid 
under clause (ii) shall be deposited into the Treasury as miscellaneous 
receipts.
    ``(D) The withdrawal of an election under this paragraph is 
irrevocable.''.
    (b) Members of Selected Reserve.--Section 3012(d) is amended by 
adding at the end the following:
    ``(4)(A) An individual who makes an election under paragraph (1) 
may withdraw the election at any time before the discharge or release 
of the individual from the Armed Forces. An individual who withdraws 
such an election shall be entitled to basic educational assistance 
under this chapter.
    ``(B) The withdrawal of an election under this paragraph shall be 
made in accordance with regulations prescribed by the Secretary of 
Defense or by the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy.
    ``(C)(i) In the case of an individual who withdraws an election 
under this paragraph--
            ``(I) the basic pay or compensation of the individual shall 
        be reduced by $100 for each month after the month in which the 
        election is made until the total amount of such reductions 
        equals $1,500; or
            ``(II) to the extent that basic pay or compensation is not 
        so reduced before the individual's discharge or release from 
        the Armed Forces, the Secretary shall collect from the 
        individual an amount equal to the difference between $1,500 and 
        the total amount of reductions under subclause (I).
    ``(ii) An individual described in clause (i) may pay the Secretary 
at any time an amount equal to the total amount of the reduction in 
basic pay or compensation otherwise required with respect to the 
individual under that clause minus the total amount of reductions of 
basic pay or compensation of the individual under that clause at the 
time of the payment under this clause.
    ``(iii) The second sentence of subsection (c) shall apply to any 
reductions in basic pay or compensation under clause (i)(I).
    ``(iv) Amounts collected under clause (i)(II) and amounts paid 
under clause (ii) shall be deposited into the Treasury as miscellaneous 
receipts.
    ``(D) The withdrawal of an election under this paragraph is 
irrevocable.''.

SEC. 205. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE.

    Section 3014 is amended--
            (1) by inserting ``(a)'' before ``The Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) The Secretary may make payments of basic educational 
assistance under this subchapter on an accelerated basis.
    ``(2) The Secretary may pay basic educational assistance on an 
accelerated basis under this subsection only to an individual entitled 
to payment of such assistance under this subchapter who has made a 
request for payment of such assistance on an accelerated basis.
    ``(3) In the event an adjustment under section 3015(g) of this 
title in the monthly rate of basic educational assistance will occur 
during a period for which a payment of such assistance is made on an 
accelerated basis under this subsection, the Secretary shall pay on an 
accelerated basis the amount of such assistance otherwise payable under 
this subchapter for the period without regard to the adjustment under 
that section.
    ``(4) The entitlement to basic educational assistance under this 
subchapter of an individual who is paid such assistance on an 
accelerated basis under this subsection shall be charged at a rate 
equal to one month for each month of the period covered by the 
accelerated payment of such assistance.
    ``(5) Basic educational assistance shall be paid on an accelerated 
basis under this subsection as follows:
            ``(A) In the case of assistance for a course leading to a 
        standard college degree, at the beginning of the quarter, 
        semester, or term of the course in a lump-sum amount equivalent 
        to the aggregate amount of monthly assistance otherwise payable 
        under this subchapter for the quarter, semester, or term, as 
        the case may be, of the course.
            ``(B) In the case of assistance for a course other than a 
        course referred to in subparagraph (A)--
                    ``(i) at the later of (I) the beginning of the 
                course, or (II) a reasonable time after the request for 
                payment by the individual concerned; and
                    ``(ii) in any amount requested by the individual 
                concerned within the limit, if any, specified in the 
                regulations prescribed by the Secretary under paragraph 
                (6), with such limit not to exceed the aggregate amount 
                of monthly assistance otherwise payable under this 
                subchapter for the period of the course.
    ``(6) The Secretary shall prescribe regulations for purposes of 
making payments of basic educational assistance on an accelerated basis 
under this subsection. Such regulations shall include requirements 
relating to the request for, making and delivery of, and receipt and 
use of such payments and may include a limit on the amount payable for 
a course under paragraph (5)(B)(ii).''.

                        TITLE III--MEDICAL CARE

                       Subtitle A--Long-Term Care

SEC. 301. ADULT DAY HEALTH CARE.

    Section 1720(f)(1)(A)(i) is amended by striking ``subsections (a) 
through (d) of this section'' and inserting ``subsections (b) through 
(d) of this section''.

SEC. 302. IN-HOME RESPITE CARE SERVICES.

    Section 1720B(b) is amended--
            (1) in the matter preceding paragraph (1), by striking ``or 
        nursing home care'' and inserting 
        ``, nursing home care, or home-based care''; and
            (2) in paragraph (2), by inserting ``or in the home of a 
        veteran'' after ``in a Department facility''.

       Subtitle B--Management of Medical Facilities and Property

SEC. 311. DISPOSAL OF DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY.

    (a) Temporary Flexibility in Disposal.--(1) Chapter 81 is amended 
by inserting after section 8122 the following new section:
``Sec. 8122A. Disposal of real property: temporary flexibility in 
              disposal
    ``(a)(1) The Secretary may, in accordance with this section, 
dispose of property owned by the United States that is administered by 
the Secretary (including improvements and equipment associated with the 
property) by transfer, sale, or exchange to a Federal agency, a State 
or political subdivision thereof, or any public or private entity.
    ``(2) The Secretary may exercise the authority provided by this 
section without regard to the following provisions of law:
            ``(A) Sections 202 and 203 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 483, 484).
            ``(B) Section 501 of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11411).
    ``(3) The Secretary may not undertake more than 30 transactions for 
the disposal of real property under this section.
    ``(b)(1) The Secretary shall obtain compensation in connection with 
a disposal of real property under this section, other than by transfer 
or exchange with another Federal entity, in an amount equal to the fair 
market value of the property disposed of. Such compensation may include 
in-kind compensation.
    ``(2) The Secretary may use amounts of cash compensation received 
in connection with a disposal of real property under this section to 
cover costs incurred by the Secretary for administrative expenses 
associated with the disposal.
    ``(c)(1) There is in the Treasury a revolving fund to be known as 
the Department of Veterans Affairs Capital Asset Fund (in this section 
referred to as the `Fund').
    ``(2) The Secretary shall deposit in the Fund the following:
            ``(A) Any amounts appropriated pursuant to an authorization 
        of appropriations for the Fund.
            ``(B) Any cash compensation from the disposal of real 
        property under this section, less amounts used to cover 
        administrative expenses associated with such disposal under 
        subsection (b)(2).
    ``(3)(A) To the extent provided in advance in appropriations Acts 
and subject to subsection (e)(2), amounts in the Fund at the beginning 
of a fiscal year shall be available during the fiscal year as follows:
            ``(i) For costs associated with the disposal of real 
        property under this section, including--
                    ``(I) costs of demolition of facilities and 
                improvements;
                    ``(II) costs of environmental restoration; and
                    ``(III) costs of maintenance and repair of 
                property, facilities, and improvements to facilitate 
                disposal;
            ``(ii) To the extent not utilized under clause (i) and 
        subject to subparagraph (B)--
                    ``(I) for construction projects and facility leases 
                (other than projects or leases within the scope of 
                section 8104(a) of this title) and nonrecurring 
                maintenance and operation activities (including the 
                procurement and maintenance of equipment);
                    ``(II) for transfer to the Department of Veterans 
                Affairs Medical Care Collections Fund established in 
                section 1729A of this title for use in accordance with 
                that section;
                    ``(III) for activities and grants under programs 
                for providing grants for homeless assistance; and
                    ``(IV) for transfer to the Department of Housing 
                and Urban Development for homeless assistance grants.
            ``(iii) To the extent not utilized under clauses (i) and 
        (ii), for the establishment and maintenance of the database 
        required under subsection (d).
    ``(B) Of the amounts available under subparagraph (A)(ii) for a 
fiscal year--
            ``(i) an amount equal to 90 percent of such amounts shall 
        be available under subclauses (I), (II) and (III) of that 
        subparagraph; and
            ``(ii) an amount equal to 10 percent of such amounts shall 
        be available under subclause (IV) of that subparagraph.
    ``(4) Amounts in the Fund shall be available for the purposes 
specified in paragraph (3) without fiscal year limitation.
    ``(d) The Secretary shall, in consultation with the Administrator 
of General Services, establish and maintain a database of information 
on the real property of the Department. The database shall provide 
information that facilitates the management of such real property, 
including the disposal of real property under this section.
    ``(e)(1) The authority of the Secretary to dispose of real property 
under this section shall expire 5 years after the date of the enactment 
of the Veterans Benefits Act of 1999.
    ``(2)(A) The Fund shall be available for not more than 2 years 
after the expiration of the authority under paragraph (1) for 
authorized uses of the Fund under this section.
    ``(B) Any unobligated funds in the Fund at the expiration of the 
availability of the Fund under subparagraph (A) shall be transferred to 
and merged with amounts in the Construction, Minor Projects Account.
    ``(f) The Secretary shall include with the materials that accompany 
the budget of the President for a fiscal year under section 1105 of 
title 31 a description, for the year preceding the year in which the 
budget is submitted, of each transaction for the disposal of real 
property carried out under this section.''.
    (2) The table of sections at the beginning of chapter 81 is amended 
by inserting after the item relating to section 8122 the following new 
item:

``8122A. Disposal of real property: temporary flexibility in 
                            disposal.''.
    (b) Initial Capitalization of Fund.--(1) There is hereby authorized 
to be appropriated for the Department of Veterans Affairs for fiscal 
year 2000, $10,000,000 for deposit in the Department of Veterans 
Affairs Capital Asset Fund established by section 8122A(c) of title 38, 
United States Code (as added by subsection (a)).
    (2) The Secretary may, for purposes of providing additional amounts 
in the Fund, transfer to the Fund in fiscal year 2000 amounts in the 
following accounts, in the order specified:
            (A) Amounts in the Construction, Major Projects Account.
            (B) Amounts in the Construction, Minor Projects Account.
    (3) The Secretary shall reimburse an account referred to in 
paragraph (2) for any amounts transferred from the account to the Fund 
under that paragraph. Amounts for such reimbursements shall be derived 
from amounts in the Fund.
    (c) Modifications of General Real Property Disposal Authority.--
Paragraph (2) of section 8122(a) is amended to read as follows:
    ``(2)(A) Except as provided in paragraph (3) of this subsection, 
the Secretary may not during any fiscal year dispose of any real 
property that is owned by the United States and administered by the 
Secretary unless--
            ``(i) the disposal is described in the budget submitted to 
        Congress pursuant to section 1105 of title 31 for that fiscal 
        year; and
            ``(ii) the Department receives compensation for the 
        disposal equal to fair market value of the real property.
    ``(B) The use of amounts received by the Secretary as a result of 
the disposal of real property under this paragraph shall be governed by 
the provisions of section 8122A of this title.''.

SEC. 312. EXTENSION OF ENHANCED-USE LEASE AUTHORITY.

    Section 8169 is amended by striking ``December 31, 2001'' and 
inserting ``December 31, 2004''.

                     Subtitle C--Homeless Veterans

SEC. 321. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR HOMELESS 
              VETERANS.

    Section 3735(c) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2001''.

SEC. 322. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.

    (a) Purposes of Grants.--Section 3(a) of the Homeless Veterans 
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) is 
amended by inserting ``, and expanding existing programs for 
furnishing,'' after ``new programs to furnish''.
    (b) Authorization of Appropriations.--Section 12 of that Act (38 
U.S.C. 7721 note) 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. 323. AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS VETERANS' 
              REINTEGRATION PROJECTS.

    Section 738(e)(1) of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11448(e)(1) is amended by adding at the end the 
following:
            ``(H) $10,000,000 for fiscal year 2000.
            ``(I) $10,000,000 for fiscal year 2001.''.

SEC. 324. REPORT ON IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE 
              RECOMMENDATIONS REGARDING PERFORMANCE MEASURES.

    (a) Report.--Not later than three 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 the House of 
Representatives a report containing a detailed plan for the evaluation 
by the Department of Veterans Affairs of the effectiveness of programs 
to assist homeless veterans.
    (b) Outcome Measures.--The plan shall include outcome measures 
which determine whether veterans are housed and employed within six 
months after housing and employment are secured for veterans under such 
programs.

                Subtitle D--Other Health Care Provisions

SEC. 331. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY.

    Section 1720A(c) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``may not be transferred'' and 
                inserting ``may be transferred''; and
                    (B) by striking ``unless such transfer is during 
                the last thirty days of such member's enlistment or 
                tour of duty''; and
            (2) in the first sentence of paragraph (2), by striking 
        ``during the last thirty days of such person's enlistment 
        period or tour of duty''.

SEC. 332. ALLOCATION TO DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
              FACILITIES OF AMOUNTS IN 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
            (4) by striking paragraph (2).

SEC. 333. EXTENSION OF CERTAIN PERSIAN GULF WAR AUTHORITIES.

    (a) Three-Year Extension of Newsletter on Medical Care.--Section 
105(b)(2) of the Persian Gulf War Veterans' Benefits Act (title I of 
Public Law 103-446; 108 Stat. 4659; 38 U.S.C. 1117 note) is amended by 
striking ``December 31, 1999'' and inserting ``December 31, 2002''.
    (b) Three-Year Extension of Program for Evaluation of Health of 
Spouses and Children.--Section 107(b) of Persian Gulf War Veterans' 
Benefits Act (title I of Public Law 103-446; 38 U.S.C. 1117 note) is 
amended by striking ``December 31, 1999'' and inserting ``December 31, 
2002''.

SEC. 334. REPORT ON COORDINATION OF PROCUREMENT OF PHARMACEUTICALS AND 
              MEDICAL SUPPLIES BY THE DEPARTMENT OF VETERANS AFFAIRS 
              AND THE DEPARTMENT OF DEFENSE.

    (a) Requirement.--Not later than March 31, 2000, the Secretary of 
Veterans Affairs and the Secretary of Defense shall jointly submit to 
the Committees on Veterans' Affairs and Armed Services of the Senate 
and the Committees on Veterans' Affairs and Armed Services of the House 
of Representatives a report on the cooperation between the Department 
of Veterans Affairs and the Department of Defense in the procurement of 
pharmaceuticals and medical supplies.
    (b) Report Elements.--The report under subsection (a) shall include 
the following:
            (1) A description of the current cooperation between the 
        Department of Veterans Affairs and the Department of Defense in 
        the procurement of pharmaceuticals and medical supplies.
            (2) An assessment of the means by which cooperation between 
        the departments in such procurement could be enhanced or 
        improved.
            (3) A description of any existing memoranda of agreement 
        between the Department of Veterans Affairs and the Department 
        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 
        pharmaceuticals for which cooperative agreements would not be 
        appropriate and the reason or reasons therefor.
            (8) An assessment of the extent to which cooperative 
        agreements 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 Veterans 
        Affairs and the Department of Defense.
            (11) An explanation of the current Uniform Product Number 
        (UPN) requirements of each Department and of any planned 
        standardization of such requirements between the Departments 
        for medical equipment and durable goods manufacturers.

 Subtitle E--Major Medical Facility Projects Construction Authorization

SEC. 341. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

    (a) In General.--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 
        Department of Veterans Affairs Medical Center, Lebanon, 
        Pennsylvania, 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.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Veterans Affairs for fiscal year 2000 for the 
        Construction, Major Projects, Account $200,100,000 for the 
        projects authorized in subsection (a) and for the continuation 
        of projects authorized in section 701(a) of the Veterans 
        Programs Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 
        3348).
            (2) Limitation on fiscal year 2000 projects.--The projects 
        authorized in subsection (a) may only be carried out using--
                    (A) funds appropriated for fiscal year 2000 
                pursuant to the authorizations of appropriations in 
                subsection (a);
                    (B) funds appropriated for Construction, Major 
                Projects, for a fiscal year before fiscal year 2000 
                that remain available for obligation; and
                    (C) funds appropriated for Construction, Major 
                Projects, for fiscal year 2000 for a category of 
                activity not specific to a project.
    (c) Availability of Funds for Fiscal Year 1999 Projects.--Section 
703(b)(1) of the Veterans Programs Enhancement Act of 1998 (112 Stat. 
3349) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):
            ``(B) funds appropriated for fiscal year 2000 pursuant to 
        the authorization of appropriations in section 341(b)(1) of the 
        Veterans Benefits Act of 1999;''.

                    TITLE IV--OTHER BENEFITS MATTERS

SEC. 401. PAYMENT RATE OF CERTAIN BURIAL BENEFITS FOR CERTAIN FILIPINO 
              VETERANS.

    (a) Payment Rate.--Section 107 is amended--
            (1) in subsection (a), by striking ``Payments'' and 
        inserting ``Subject to subsection (c), payments''; and
            (2) by adding at the end the following:
    ``(c)(1) In the case of an individual described in paragraph (2), 
payments under section 2302 or 2303 of this title by reason of 
subsection (a)(3) shall be made at the rate of $1 for each dollar 
authorized.
    ``(2) Paragraph (1) applies to any individual whose service is 
described in subsection (a) if the individual, on the individual's date 
of death--
            ``(A) is a citizen of the United States;
            ``(B) is residing in the United States; and
            ``(C) either--
                    ``(i) is receiving compensation under chapter 11 of 
                this title; or
                    ``(ii) if such service had been deemed to be active 
                military, naval, or air service, would have been paid 
                pension under section 1521 of this title without denial 
                or discontinuance by reason of section 1522 of this 
                title.''.
    (b) Applicability.--No benefits shall accrue to any person for any 
period before the effective date of this Act by reason of the 
amendments made by subsection (a).

SEC. 402. 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, 2004''.

SEC. 403. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS.

    Section 544(e) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2004''.

SEC. 404. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT 
              INSTITUTIONALIZED VETERANS.

    Section 5503 is amended--
            (1) by striking subsections (b) and (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (b), (c), and (d), respectively.

SEC. 405. CLARIFICATION OF VETERANS EMPLOYMENT OPPORTUNITIES.

    (a) Clarification.--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; and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall acquire competitive status and shall receive a 
career or career-conditional appointment, as appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the amendment made to section 3304 of 
title 5, United States Code, by section 2 of the Veterans Employment 
Opportunities Act of 1998 (Public Law 105-339; 112 Stat. 3182), to 
which such amendments relate.

                       TITLE V--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

SEC. 501. SHORT TITLE.

    This subtitle may be cited as the ``Arlington National Cemetery 
Burial and Inurnment Eligibility Act of 1999''.

SEC. 502. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.

    (a) In General.--(1) Chapter 24 is amended by adding at the end the 
following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
    ``(a) Primary Eligibility.--The remains of the following 
individuals may be buried in Arlington National Cemetery:
            ``(1) Any member of the Armed Forces who dies while on 
        active duty.
            ``(2) Any retired member of the Armed Forces and any person 
        who served on active duty and at the time of death was entitled 
        (or but for age would have been entitled) to retired pay under 
        chapter 1223 of title 10.
            ``(3) Any former member of the Armed Forces separated for 
        physical disability before October 1, 1949, who--
                    ``(A) served on active duty; and
                    ``(B) would have been eligible for retirement under 
                the provisions of section 1201 of title 10 (relating to 
                retirement for disability) had that section been in 
                effect on the date of separation of the member.
            ``(4) Any former member of the Armed Forces whose last 
        active duty military service terminated honorably and who has 
        been awarded one of the following decorations:
                    ``(A) Medal of Honor.
                    ``(B) Distinguished Service Cross, Air Force Cross, 
                or Navy Cross.
                    ``(C) Distinguished Service Medal.
                    ``(D) Silver Star.
                    ``(E) Purple Heart.
            ``(5) Any former prisoner of war who dies on or after 
        November 30, 1993.
            ``(6) The President or any former President.
            ``(7) Any former member of the Armed Forces whose last 
        discharge or separation from active duty was under honorable 
        conditions and who is or was one of the following:
                    ``(A) Vice President.
                    ``(B) Member of Congress.
                    ``(C) Chief Justice or Associate Justice of the 
                Supreme Court.
                    ``(D) The head of an Executive department (as such 
                departments are listed in section 101 of title 5).
                    ``(E) An individual who served in the foreign or 
                national security services, if such individual died as 
                a result of a hostile action outside the United States 
                in the course of such service.
            ``(8) Any individual whose eligibility is authorized in 
        accordance with subsection (b).
    ``(b) Additional Authorizations of Burial.--(1) Subject to 
paragraph (4), in the case of a former member of the Armed Forces not 
otherwise covered by subsection (a) whose last discharge or separation 
from active duty was under honorable conditions, if the Secretary of 
Defense makes a determination referred to in paragraph (3) with respect 
to such member, the Secretary of Defense may authorize the burial of 
the remains of such former member in Arlington National Cemetery under 
subsection (a)(8).
    ``(2) Subject to paragraph (4), in the case of any individual not 
otherwise covered by subsection (a) or paragraph (1), if the President 
makes a determination referred to in paragraph (3) with respect to such 
individual, the President may authorize the burial of the remains of 
such individual in Arlington National Cemetery under subsection (a)(8).
    ``(3) A determination referred to in paragraph (1) or (2) is a 
determination that the acts, service, or other contributions to the 
Nation of the former member or individual concerned are of equal or 
similar merit to the acts, service, or other contributions to the 
Nation of any of the persons listed in subsection (a).
    ``(4) A burial may be authorized under paragraph (1) or (2) only 
after consultation with respect to the burial by the Secretary of 
Defense with the Chairmen and Ranking Members of the Committees on 
Veterans' Affairs of the Senate and the House of Representatives.
    ``(5)(A) In the case of an authorization for burial under this 
subsection, the President or the Secretary of Defense, as the case may 
be, shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives a report on the authorization not 
later than 72 hours after the authorization.
    ``(B) Each report under subparagraph (A) shall--
            ``(i) identify the individual authorized for burial; and
            ``(ii) provide a justification for the authorization for 
        burial.
    ``(c) Eligibility of Family Members.--The remains of the following 
individuals may be buried in Arlington National Cemetery:
            ``(1) The spouse, surviving spouse, minor child, and, at 
        the discretion of the Superintendent, unmarried adult child of 
        a person listed in subsection (a), but only if buried in the 
        same gravesite as that person.
            ``(2)(A) The spouse, minor child, and, at the discretion of 
        the Superintendent, unmarried adult child of a member of the 
        Armed Forces on active duty if such spouse, minor child, or 
        unmarried adult child dies while such member is on active duty.
            ``(B) The individual whose spouse, minor child, and 
        unmarried adult child is eligible under subparagraph (A), but 
        only if buried in the same gravesite as the spouse, minor 
        child, or unmarried adult child.
            ``(3) The parents of a minor child or unmarried adult child 
        whose remains, based on the eligibility of a parent, are 
        already buried in Arlington National Cemetery, but only if 
        buried in the same gravesite as that minor child or unmarried 
        adult child.
            ``(4)(A) Subject to subparagraph (B), the surviving spouse, 
        minor child, and, at the discretion of the Superintendent, 
        unmarried adult child of a member of the Armed Forces who was 
        lost, buried at sea, or officially determined to be permanently 
        absent in a status of missing or missing in action.
            ``(B) A person is not eligible under subparagraph (A) if a 
        memorial to honor the memory of the member is placed in a 
        cemetery in the national cemetery system, unless the memorial 
        is removed. A memorial removed under this subparagraph may be 
        placed, at the discretion of the Superintendent, in Arlington 
        National Cemetery.
            ``(5) The surviving spouse, minor child, and, at the 
        discretion of the Superintendent, unmarried adult child of a 
        member of the Armed Forces buried in a cemetery under the 
        jurisdiction of the American Battle Monuments Commission.
    ``(d) Spouses.--For purposes of subsection (c)(1), a surviving 
spouse of a person whose remains are buried in Arlington National 
Cemetery by reason of eligibility under subsection (a) who has 
remarried is eligible for burial in the same gravesite of that person. 
The spouse of the surviving spouse is not eligible for burial in such 
gravesite.
    ``(e) Disabled Adult Unmarried Children.--In the case of an 
unmarried adult child who is incapable of self-support up to the time 
of death because of a physical or mental condition, the child may be 
buried under subsection (c) without requirement for approval by the 
Superintendent under that subsection if the burial is in the same 
gravesite as the gravesite in which the parent, who is eligible for 
burial under subsection (a), has been or will be buried.
    ``(f) Family Members of Persons Buried in a Group Gravesite.--In 
the case of a person eligible for burial under subsection (a) who is 
buried in Arlington National Cemetery as part of a group burial, the 
surviving spouse, minor child, or unmarried adult child of the member 
may not be buried in the group gravesite.
    ``(g) Exclusive Authority for Burial in Arlington National 
Cemetery.--Eligibility for burial of remains in Arlington National 
Cemetery prescribed under this section is the exclusive eligibility for 
such burial.
    ``(h) Application for Burial.--A request for burial of remains of 
an individual in Arlington National Cemetery made before the death of 
the individual may not be considered by the Secretary of the Army, the 
Secretary of Defense, or any other responsible official.
    ``(i) Register of Buried Individuals.--(1) The Secretary of the 
Army shall maintain a register of each individual buried in Arlington 
National Cemetery and shall make such register available to the public.
    ``(2) With respect to each such individual buried on or after 
January 1, 1998, the register shall include a brief description of the 
basis of eligibility of the individual for burial in Arlington National 
Cemetery.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `retired member of the Armed Forces' means--
                    ``(A) any member of the Armed Forces on a retired 
                list who served on active duty and who is entitled to 
                retired pay;
                    ``(B) any member of the Fleet Reserve or Fleet 
                Marine Corps Reserve who served on active duty and who 
                is entitled to retainer pay; and
                    ``(C) any member of a reserve component of the 
                Armed Forces who has served on active duty and who has 
                received notice from the Secretary concerned under 
                section 12731(d) of title 10 of eligibility for retired 
                pay under chapter 1223 of title 10.
            ``(2) The term `former member of the Armed Forces' includes 
        a person whose service is considered active duty service 
        pursuant to a determination of the Secretary of Defense under 
        section 401 of Public Law 95-202 (38 U.S.C. 106 note).
            ``(3) The term `Superintendent' means the Superintendent of 
        Arlington National Cemetery.''.
    (2) The table of sections at the beginning of chapter 24 is amended 
by adding at the end the following new item:

``2412. Arlington National Cemetery: persons eligible for burial.''.
    (b) Publication of Updated Pamphlet.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of the Army shall 
publish an updated pamphlet describing eligibility for burial in 
Arlington National Cemetery. The pamphlet shall reflect the provisions 
of section 2412 of title 38, United States Code, as added by subsection 
(a).
    (c) Technical Amendments.--Section 2402(7) is amended--
            (1) by inserting ``(or but for age would have been 
        entitled)'' after ``was entitled'';
            (2) by striking ``chapter 67'' and inserting ``chapter 
        1223''; and
            (3) by striking ``or would have been entitled to'' and all 
        that follows and inserting a period.
    (d) Effective Date.--Section 2412 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to individuals 
dying on or after the date of enactment of this Act.

SEC. 503. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN 
              ARLINGTON NATIONAL CEMETERY.

    (a) In General.--(1) Chapter 24 is amended by adding after section 
2412, as added by section 501(a)(1) of this Act, the following new 
section:
``Sec. 2413. Arlington National Cemetery: persons eligible for 
              placement in columbarium
    ``(a) Eligibility.--The cremated remains of the following 
individuals may be placed in the columbarium in Arlington National 
Cemetery:
            ``(1) A person eligible for burial in Arlington National 
        Cemetery under section 2412 of this title.
            ``(2)(A) A veteran whose last period of active duty service 
        (other than active duty for training) ended honorably.
            ``(B) The spouse, surviving spouse, minor child, and, at 
        the discretion of the Superintendent of Arlington National 
        Cemetery, unmarried adult child of such a veteran.
    ``(b) Spouse.--Section 2412(d) of this title shall apply to a 
spouse under this section in the same manner as it applies to a spouse 
under section 2412 of this title.''.
    (2) The table of sections at the beginning of chapter 24 is amended 
by adding after section 2412, as added by section 501(a)(2) of this 
Act, the following new item:

``2413. Arlington National Cemetery: persons eligible for placement in 
                            columbarium.''.
    (b) Effective Date.--Section 2413 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to individuals 
dying on or after the date of enactment of this Act.

                   Subtitle B--World War II Memorial

SEC. 511. SHORT TITLE.

    This subtitle may be cited as the ``World War II Memorial 
Completion Act''.

SEC. 512. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION 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:
``Sec. 2113. World War II memorial in the District of Columbia
    ``(a) Definitions.--In this section:
            ``(1) The term `World War II memorial' means the memorial 
        authorized by Public Law 103-32 (107 Stat. 90) to be 
        established by the American Battle Monuments 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.
            ``(2) The term `Commission' means the American Battle 
        Monuments Commission.
            ``(3) The term `memorial fund' means the fund created by 
        subsection (c).
    ``(b) Solicitation and Acceptance of Contributions.--Consistent 
with the authority of the Commission under section 2103(e) of this 
title, the Commission shall solicit and accept contributions for the 
World War II memorial.
    ``(c) 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.
            ``(D) Amounts borrowed using the authority provided under 
        subsection (e).
            ``(E) Any funds received by the Commission under section 
        2103(l) of this title in exchange for use of, or the right to 
        use, any mark, copyright or patent.
    ``(2) The Chairman of the Commission shall deposit in the memorial 
fund the amounts accepted as contributions under subsection (b). The 
Secretary of the Treasury shall credit to the memorial fund the 
interest on, and the proceeds from sale or redemption of, obligations 
held in the memorial fund.
    ``(3) The Secretary of the Treasury shall invest any portion of the 
memorial fund that, as determined by the Chairman of the Commission, is 
not required to meet current expenses. Each investment shall be made in 
an interest bearing obligation of the United States or an obligation 
guaranteed as to principal and interest by the United States that, as 
determined by the Chairman of the Commission, has a maturity suitable 
for the memorial fund.
    ``(d) Use of Memorial Fund.--The memorial fund shall be available 
to the Commission for--
            ``(1) 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) such other expenses, other than routine maintenance, 
        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 
        2103(l) of this title to aid or facilitate the construction of 
        the World War II memorial.
    ``(e) Special Borrowing Authority.--(1) To assure that 
groundbreaking, construction, and dedication of the World War II 
memorial are completed on a timely basis, the Commission may borrow 
money from the Treasury of the United States in such amounts as the 
Commission considers necessary, but not to exceed a total of 
$65,000,000. Borrowed amounts shall bear interest at a rate determined 
by the Secretary of the Treasury, taking into consideration the average 
market yield on outstanding marketable obligations of the United States 
of comparable maturities during the month preceding the month in which 
the obligations of the Commission are issued. The interest payments on 
such obligations may be deferred with the approval of the Secretary of 
the Treasury, but any interest payment so deferred shall also bear 
interest.
    ``(2) The borrowing of money by the Commission under paragraph (1) 
shall be subject to such maturities, terms, and conditions as may be 
agreed upon by the Commission and the Secretary of the Treasury, except 
that the maturities may not exceed 20 years and such borrowings may be 
redeemable at the option of the Commission before maturity.
    ``(3) The obligations of the Commission shall be issued in amounts 
and at prices approved by the Secretary of the Treasury. The authority 
of the Commission to issue obligations under this subsection shall 
remain available without fiscal year limitation. The Secretary of the 
Treasury shall purchase any obligations of the Commission to be issued 
under this subsection, and for such purpose the Secretary 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 securities may be issued under such 
chapter are extended to include any purchase of the Commission's 
obligations under this subsection.
    ``(4) Repayment of the interest and principal on any funds borrowed 
by the Commission under paragraph (1) shall be made from amounts in the 
memorial fund. The Commission may not use for such purpose any funds 
appropriated for any other activities of the Commission.
    ``(f) Treatment of Borrowing Authority.--In determining whether the 
Commission has sufficient funds to complete construction of the World 
War II memorial, as required by section 8 of the Commemorative Works 
Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the 
funds that the Commission may borrow from the Treasury under subsection 
(e) as funds available to complete construction of the memorial, 
whether or not the Commission has actually exercised the authority to 
borrow such funds.
    ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of 
title 31, the Commission may accept from any person voluntary services 
to be provided in furtherance of the fund-raising activities of the 
Commission relating to the World War II memorial.
    ``(2) A person providing voluntary services under this subsection 
shall be considered to be a Federal employee for purposes of chapter 81 
of title 5, relating to compensation for work-related injuries, and 
chapter 171 of title 28, relating to tort claims. A volunteer who is 
not otherwise employed by the Federal Government shall not be 
considered to be a Federal employee for any other purpose by reason of 
the provision of such voluntary service, except that any volunteers 
given responsibility for the handling of funds or the carrying out of a 
Federal function are subject to the conflict of interest laws contained 
in chapter 11 of title 18, and the administrative standards of conduct 
contained in part 2635 of title 5, Code of Federal Regulations.
    ``(3) The Commission may provide for reimbursement of incidental 
expenses which are incurred by a person providing voluntary services 
under this subsection. The Commission shall determine which expenses 
are eligible for reimbursement under this paragraph.
    ``(4) Nothing in this subsection shall be construed to require 
Federal employees to work without compensation or to allow the use of 
volunteer services to displace or replace Federal employees.
    ``(h) 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.
    ``(i) Extension of Authority To Establish Memorial.--
Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C. 
1010), the legislative authorization for the construction of the World 
War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not 
expire until December 31, 2005.''.
    (2) The table of sections at the beginning of chapter 21 of title 
36, United States Code, 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 (107 Stat. 90) is 
amended by striking sections 3, 4, and 5.
    (c) Effect of Repeal of Current Memorial Fund.--Upon the date of 
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 (107 
Stat. 91) to the fund created by section 2113 of title 36, United 
States Code, as added by subsection (a).

SEC. 513. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO 
              SOLICIT AND RECEIVE CONTRIBUTIONS.

    Subsection (e) of section 2103 of title 36, United States Code, is 
amended to read as follows:
    ``(e) Solicitation and Receipt of Contributions.--(1) The 
Commission may solicit and receive funds and in-kind donations and 
gifts from any State, municipal, or private source to carry out the 
purposes of this chapter. The Commission shall deposit such funds in a 
separate account in the Treasury. Funds from this account shall be 
disbursed upon vouchers approved by the Chairman of the Commission as 
well as by a Federal official authorized to sign payment vouchers.
    ``(2) The Commission shall establish written guidelines setting 
forth the criteria to be used in determining whether the acceptance of 
funds and in-kind donations and gifts under paragraph (1) would--
            ``(A) reflect unfavorably on the ability of the Commission, 
        or any employee of the Commission, to carry out the 
        responsibilities or official duties of the Commission in a fair 
        and objective manner; or
            ``(B) compromise the integrity or the appearance of the 
        integrity of the programs of the Commission or any official 
        involved in those programs.''.

SEC. 514. INTELLECTUAL PROPERTY AND RELATED ITEMS.

    Section 2103 of title 36, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) Intellectual Property and Related Items.--(1) The Commission 
may--
            ``(A) adopt, use, register, and license trademarks, service 
        marks, and other marks;
            ``(B) obtain, use, register, and license the use of 
        copyrights consistent with section 105 of title 17;
            ``(C) obtain, use, and license patents; and
            ``(D) accept gifts of marks, copyrights, patents and 
        licenses for use by the Commission.
    ``(2) The Commission may grant exclusive and nonexclusive licenses 
in connection with any mark, copyright, patent, or license for the use 
of such mark, copyright or patent, except to extent the grant of such 
license by the Commission would be contrary to any contract or license 
by which the use of such mark, copyright or patent was obtained.
    ``(3) 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, copyrights, or patents.
    ``(4) The Attorney General shall furnish the Commission with such 
legal representation as the Commission may require under paragraph (3). 
The Secretary of Defense shall provide representation for the 
Commission in administrative proceedings before the Patent and 
Trademark Office and Copyright Office.
    ``(5) Section 203 of title 17 shall not apply to any copyright 
transferred in any manner to the Commission.''.

      TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SEC. 601. STAGGERED RETIREMENT OF JUDGES.

    (a) Staggered Eligibility for Early Retirement.--Notwithstanding 
section 7296 of title 38, United States Code, judges of the United 
States Court of Appeals for Veterans Claims described in subsection (b) 
shall be eligible to retire from the Court without regard to the actual 
date of expiration of their terms as judges of the Court, as follows:
            (1) One individual in 2001.
            (2) Two individuals in each of 2002 and 2003.
    (b) Covered Judges.--A judge of the United States Court of Appeals 
for Veterans Claims is eligible to retire under this section if at the 
time of retirement the judge--
            (1) is an associate judge of the Court who has at least 10 
        years of service on the Court 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 allowable under 
        section 7297(l) of such title;
            (4) is at least fifty-five years of age;
            (5) has years of age, years of service creditable under 
        section 7296 of such title, and years of service allowable 
        under section 7297(l) of such title not creditable under 
        section 7296 of such title that total at least 80; and
            (6) either--
                    (A) is the most senior associate judge of the Court 
                to submit notice of an election to retire under 
                subsection (c) in 2001; or
                    (B) is one of the two most senior associate judges 
                of the Court to submit notice of an election to retire 
                under that subsection in 2002 or 2003, as applicable.
    (c) Election of Intent To Retire.--(1) A judge seeking to retire 
under this section shall submit to the President and the chief judge of 
the United States Court of Appeals for Veterans Claims written notice 
of an election to so retire not later than April 1 of the year in which 
the judge seeks to so retire.
    (2) A notice of election to retire under this subsection for a 
judge shall specify the retirement date of the judge. That date shall 
meet the requirements for a retirement date set forth in subsection 
(d)(1).
    (3) An election to retire under this section, if accepted by the 
President, is irrevocable.
    (d) Retirement.--(1) A judge whose election to retire under this 
section is accepted shall retire in the year in which notice of the 
judge's election to retire is submitted under subsection (c)(1). The 
retirement date shall be not later than 90 days after the date of the 
submittal of the election to retire under that subsection.
    (2)(A) Notwithstanding any other provision of law and except as 
provided in subparagraph (B), a judge retiring under this section shall 
be deemed to have retired under section 7296(b)(1) of title 38, United 
States Code.
    (B) The rate of retired pay for a judge retiring under this section 
shall, as of the date of such judge's retirement, be equal to the rate 
of retired pay otherwise applicable to the judge under section 
7296(c)(1) of such title as of such date multiplied by the fraction in 
which--
            (i) the numerator is the sum of the number of the judge's 
        years of service as a judge of the United States Court of 
Appeals for Veterans Claims creditable under section 7296 of such title 
and the age of such judge; and
            (ii) the denominator is 80.
    (e) 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):
    ``(C) For purposes of subparagraph (B) of this paragraph, the term 
`present value' includes a value determined by an actuary with respect 
to a payment that may be made under subsection (b) from the retirement 
fund within the contemplation of law.''.

SEC. 602. RECALL OF RETIRED JUDGES.

    (a) In General.--Subchapter I of chapter 72 is amended by inserting 
after section 7254 the following new section:
``Sec. 7254a. Recall of retired judges
    ``(a) The chief judge of the United States Court of Appeals for 
Veterans Claims may recall to the Court any individual described in 
subsection (b) if--
            ``(1) a vacancy exists in a position of associate judge of 
        the Court; or
            ``(2) the chief judge determines that the recall is 
        necessary to meet the anticipated case work of the Court.
    ``(b) An individual eligible for recall to the Court under this 
section is any individual who--
            ``(1) has retired as a judge of the Court under the 
        provisions of section 7296 of this title or the provisions of 
        chapter 83 or 84 of title 5, as applicable; and
            ``(2) has submitted to the chief judge of the Court a 
        notice of election to be so recalled.
    ``(c)(1) Upon determining to recall an individual to the Court 
under this section, the chief judge shall certify in writing to the 
President that--
            ``(A) the individual to be recalled is needed to perform 
        substantial service for the Court; and
            ``(B) such service is required for a specified period of 
        time.
    ``(2) The chief judge shall provide a copy of any certification 
submitted to the President under paragraph (1) to the Committees on 
Veterans' Affairs of the Senate and House of Representatives.
    ``(3)(A) An individual may be recalled to the Court under this 
section only with the written consent of the individual.
    ``(B) The individual shall be recalled only for the period of time 
specified in the certification with respect to the individual under 
paragraph (1).
    ``(d) An individual recalled to the Court under this section may 
exercise all of the powers and duties of office of a judge of the Court 
in active service on the Court.
    ``(e)(1) An individual recalled to the Court under this section 
shall, during the period for which the individual serves in recall 
status under this section, be paid pay at a rate equivalent to the rate 
of pay in effect under section 7253(e)(2) of this title for a judge 
serving on the Court minus the amount of retired pay paid to the 
individual under section 7296 of this title or of an annuity under the 
provisions of chapter 83 or 84 of title 5, as applicable.
    ``(2) Amounts paid an individual under this subsection shall not be 
treated as compensation for employment with the United States for 
purposes of section 7296(e) of this title or any provision of title 5 
relating to the receipt or forfeiture of retired pay or retirement 
annuities by a person accepting compensation for employment with the 
United States.
    ``(f)(1) Except as provided in subsection (e), an individual 
recalled to the Court under this section who retired under the 
applicable provisions of title 5 shall be considered to be a reemployed 
annuitant under chapter 83 or 84 of title 5, as applicable.
    ``(2) Nothing in this section shall affect the right of an 
individual who retired under the provisions of chapter 83 or 84 of 
title 5 to serve otherwise as a reemployed annuitant in accordance with 
the provisions of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 is amended by inserting after the item relating to section 
7254 the following new item:

``7254a. Recall of retired judges.''.
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