[Congressional Record Volume 145, Number 73 (Wednesday, May 19, 1999)]
[Senate]
[Pages S5587-S5596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S. 1076. 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; to the Committee 
on Veterans' Affairs.


                     veterans benefits act of 1999

  Mr. SPECTER. Mr. President, today I have introduced a major piece of 
veterans legislation, the proposed Veterans Benefits Act of 1999. This 
bill is a so-called omnibus measure which will serve as the basis, and 
the platform, for much of the legislative work to be accomplished this 
year by the Committee on Veterans' Affairs.
  In the past, the Committee on Veterans' Affairs has considered bills 
on a more piecemeal basis than is reflected in the larger bill that I 
have introduced today.
  In times past, the Committee on Veterans' Affairs has come to the 
Senate floor with numerous, separate bills to address the various 
matters that the committee typically faces: annual cost-of-living 
adjustments, reauthorizations of ``sunsetting'' programs and

[[Page S5588]]

authorities, medical care reforms, non-medical benefits programs 
improvements, and the like. With the bill I have introduced today, I 
propose that such matters be folded into a single bill. That bill, 
then, will be the central focus of a major hearing.
  At that hearing, the committee will have the opportunity to hear the 
views of the Secretaries of Veterans Affairs and the Army; other senior 
VA officials, including the VA Under Secretaries who are responsible 
for VA's major operating entities; the major veterans service 
organizations (The American Legion, the VFW, the Disabled American 
Veterans, the Paralyzed Veterans of America, and AMVETS); unions 
representing the rank and file of VA employees; and, finally, 
associations representing VA's professional cadre of physicians, 
dentists, and nurses.
  By bringing all of the major issues to the fore at one time, and by 
bringing all of the interested parties together into one room at one 
time, I believe that the committee will be better positioned to advance 
this year's legislative agenda in an organized and systematic manner. 
Such an approach will not necessarily ease the work of the committee, 
or this body. It will, however, facilitate the placing of issues and 
initiatives into some order of priority.
  The need to recognize priorities has characterized the committee's 
approach to its work this year. During the first half of this year, the 
committee has devoted its attention almost entirely on the proposed 
fiscal year 2000 budget. As this body recognized when it ordered an 
increase in spending caps on veterans account spending in the fiscal 
year 2000 budget resolution, the Administration's proposal to keep the 
VA's health care budget flat for the fourth straight year was clearly 
unacceptable. Congress ordered an increase of approximately 10 percent 
in that budget--an action that I, and the committee's ranking minority 
member, Senator Jay Rockefeller, were urging as early as last fall. We 
now must proceed through the appropriations process--a process that the 
Veterans' Affairs Committee, and the veterans service organizations, 
will watch very closely.
  Having heretofore focused principally on the budget, the committee 
will now turn to its authorizing business. The bill I introduced today 
opens, at title I, with the committee's first priority: the granting of 
cost-of-living adjustments to the cash benefits paid monthly by VA in 
the form of compensation to the 2.3 million veterans who have suffered 
service-connected disabilities, and benefits for 320,000 surviving 
spouses and children of veterans who have died in military service or 
due to service-related injuries and illnesses. Those who are disabled 
due to service rely on these benefits. They surely merit cost-of-living 
adjustments.

  My bill, secondly, proposes to increase by 13.6% the most valuable 
``readjustment'' benefit that is enjoyed--and earned--by the Nation's 
young veterans: their Montgomery GI bill educational assistance 
benefits. The ``blue ribbon'' Commission on Servicemembers and Veterans 
Transition Assistance made a number of recommendations on this point. 
Most notably, it cited the fact that, unlike times past, veterans' 
educational assistance benefits no longer come close to affording the 
veteran an opportunity to return to school on a full time basis after 
service. The Commission has recommended that, for new enlistees, VA pay 
full tuition benefits and, in addition, pay an allowance for books and 
fees and, finally, a monthly living stipend. The committee will 
consider this proposal further. In the meantime, however, it is 
appropriate for the committee to address what it might do to make 
higher education and other training opportunities available to persons 
who are in the service today. My bill would increase their benefits in 
recognition of the increased costs of education.
  In addition, this bill would make needed changes in statutory 
authorities under which VA health care is provided. At the outset, I 
note that the single largest unmet medical need faced by the World War 
II/Korea generation of veterans is quality long-term care. In addition 
to providing hospital care and, increasingly, outpatient-based clinical 
care, VA provides some nursing home care and other types of long term 
care. But VA hardly scratches the surface of demand for such care. The 
solution, of course, is funding--funding that has been surely 
deficient.
  VA funding problems must be addressed by the Appropriate Committee, a 
committee on which I am proud to serve. However, the authorizing 
committee, which I am proud to chair, has its role to play too. The 
authorizing committee can free VA from unnecessary legal strictures 
which impede its efficient delivery of care. Many such impediments were 
eliminated by recent ``eligibility reform'' legislation. Some, however, 
remain.
  For example, VA is now authorized to provide adult day health care 
services, services which help the veteran--and the taxpayer--by keeping 
potential patients out of hospitals and nursing homes. It can do so, 
however, only if the veteran in question was, first, a hospital or 
nursing home patient. Thus, VA caregivers have an incentive to 
hospitalize people so that they will be authorized to provide the type 
of care that will allow the patient to avoid hospitalization. To my way 
of thinking, this makes no sense.
  Similarly, VA is authorized to provide ``respite care,'' that is, 
short term care which frees the day-to-day care giver, typically an 
aging spouse, to attend to his or her needs. But VA can do so only 
within the four walls of a VA medical facility. Often, it is more 
effieient--and surely it is more convenient from the patient's and 
spouse's standpoint--for a respite care provider to go to the home of 
the patient, as opposed to requiring the patient to be brought into the 
hospital or long term care center. But VA is precluded by statute from 
providing respite care in the veteran's home, even when it is clearly 
in VA's and the patient's interests for it to do so. This, too, makes 
no sense to me. The bill I have introduced today would clear away these 
two impediments to the efficient delivery of VA care. Further, it would 
reauthorize current programs which have proved their worth.
  In the veterans benefits arena, one sensitive matter is now ripe for 
action. It is time, I think, for clear standards to be established for 
eligibility for burial in Arlington National Cemetery. And they should 
be set by Congress.
  Remarkably, standards governing eligibility for burial in Arlington 
have never been put into place by statute. Rather, they are purely a 
product of administrative fiat. Indeed, in one of the most highly 
sensitive areas--the granting of ``waivers'' to allow the burial of 
distinguished persons who are not otherwise eligible for burial in 
Arlington--there has never even been a formal rulemaking to guide 
cemetery officials. Rather, the granting of waivers has evolved on a 
purely customary, and ad hoc, basis.
  Dealing with waiver requests on an ad hoc basis gives rise, at best, 
to suspicion of improper influence. At worst, if fans fears of outright 
abuse of power. Now, I will not rehash a recent case where it was 
alleged--I think inaccurately--that Arlington burial rights were 
``sold'' to a political contributor. Suffice it to say, however, that 
when it comes to the most sacred of grounds, Arlington National 
Cemetery, there can be no suggestion whatsoever of improper influence. 
Surely, there are some honors that no amount of money or level of 
influence can buy. Perpetual rest in Arlington is clearly one of those 
honors.
  Mr. President, I could go on at considerable length, but many 
provisions of this bill speak for themselves. As I have noted, the 
Committee on Veterans' Affairs has not yet had hearings on these 
specific legislative proposals. Accordingly, they are still works in 
progress. But they are works in progress that I intend to advance 
sooner rather than later, by this summer at the latest. The Nation's 
veterans deserve that kind of attention, and they are getting it from 
the Committee on Veterans' Affairs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1076

       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''.

[[Page S5589]]

       (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--

[[Page S5590]]

       (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

[[Page S5591]]

     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''.

[[Page S5592]]

                     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
       (5) 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 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 
     reach 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''.

[[Page S5593]]

     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

[[Page S5594]]

     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

[[Page S5595]]

     War II memorial is not 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 insert 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

[[Page S5596]]

     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.''.
                                 ______