[Congressional Record Volume 148, Number 63 (Thursday, May 16, 2002)]
[Senate]
[Pages S4494-S4496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (by request):
  S. 2526. A bill to amend title 38, United States Code, to modify 
provisions governing certain programs administered by the Department of 
Veterans Affairs and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. ROCKEFELLER. Mr. President, today I introduce legislation 
requested by the Secretary of Veterans Affairs, as a courtesy to the 
Secretary and the Department of Veterans Affairs, VA. Except in unusual 
circumstances, it is my practice to introduce legislation requested by 
the administration so that such measures will be available for review 
and consideration.
  This ``by-request'' bill contains four sections, which amend existing 
sections or provisions of title 38. The first section would expand the 
Secretary of Veterans Affairs' authority to pay plot and interment 
allowances to State veterans cemeteries for all eligible peacetime 
veterans. Currently, the Secretary can only provide a plot allowance if 
the veteran served during wartime, was discharged for a service-
connected disability, was receiving VA disability compensation or 
pension, or died in a VA facility. This amendment would facilitate 
States' participation in VA's State Cemeteries Grant Program, SCGP. 
Under the SCGP, VA pays for the construction of the cemetery, but the 
States bear the future maintenance costs. This provision would allow 
States to receive allowances for approximately 1,200 additional 
interments annually.
  The second section of this bill would authorize the Secretary of 
Veterans Affairs to lease the undeveloped land and unused or underused 
buildings of the National Cemetery System and retain the proceeds from 
these leases, as well as agricultural licenses. The National Cemetery 
Administration, NCA, is endowed with thousands of acres of land, some 
of which is unused because it is not suitable for NCA development or 
has not yet been developed for NCA use. Currently, the NCA is 
authorized to issue limited-term agricultural licenses for these lands, 
and all profits must be deposited with the U.S. Treasury. However, some 
NCA land would be suitable for other purposes. This provision is meant 
to provide the Secretary with greater flexibility in using NCA lands to 
generate revenues, while allowing the NCA to become more self-
sufficient by keeping profits within the administration.
  The third section of this bill would modify amendments made by the 
Veterans' Claims Assistance Act of 2000, VCAA, which imposed a 1-year 
time limit for veterans to submit evidence--such as medical records--
necessary to substantiate their claims for benefits. Prior to the 
enactment of the VCAA, a 1-year time limitation was imposed on 
information--such as complete contact information--necessary to 
complete a veteran's application for benefits. This provision was not 
included in the VCAA. The Secretary asserts that this requires VA to 
keep claims open indefinitely if they lack information for the 
application, while not allowing VA to make a payment on a claim that 
required the veteran to submit evidence to substantiate it, even if the 
claim could be granted on other grounds. This provision would reinstate 
the original time limitation on information for applications and 
rescind the current limitation on evidence to substantiate.
  Section four of this bill would eliminate the reporting requirement 
on certain advance planning projects. Currently, VA cannot obligate 
more than $500,000 from its advance planning fund without submitting a 
report on the proposed obligation to both committees of Congress. 
However, VA argues that such reports are redundant for projects that 
have already been authorized by Congress, creating unnecessary and 
untimely delays. Accordingly, VA proposes that Congress eliminate this 
reporting requirement for already authorized projects.
  Again, Mr. President, I submit this for the review and consideration 
of my colleagues at the request of the administration.
  I ask unanimous consent that the text of the bill and Secretary 
Principi's transmittal letter that accompanied the draft legislation be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2526

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

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Programs Amendments Act of 2002''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment is expressed in terms of an 
     amendment to a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.

     SEC. 2. BURIAL PLOT ALLOWANCE.

       (a) In General.--Section 2303(b) is amended--
       (1) in the matter preceding paragraph (1), by striking ``a 
     burial allowance under such section 2302, or under such 
     subsection, who was discharged from the active military, 
     naval, or air service for a disability incurred or aggravated 
     in line of duty, or who is a veteran of any war'' and 
     inserting ``burial in a national cemetery under section 2402 
     of this title''; and
       (2) in paragraph (2) by striking ``(other than a veteran 
     whose eligibility for benefits under this subsection is based 
     on being a veteran of any war)'' and inserting ``is eligible 
     for a burial allowance under section 2302 of this title or 
     under subsection (a) of this section, or was discharged from 
     the active military, naval, or air service for a disability 
     incurred or aggravated in line of duty, and such veteran''.
       (b) Applicability.--The amendments made by section 2(a) 
     shall apply with respect to the burial of persons dying on or 
     after the date of enactment of this Act.

     SEC. 3. LEASE OF LAND AND BUILDINGS; RETENTION OF PROCEEDS.

       (a) In General.--Chapter 24 is amended by adding at the end 
     thereof the following new section:

     Sec. 2412. Lease of land and buildings; retention of 
       proceeds.

       ``(a) The Secretary may lease for a term not exceeding 3 
     years undeveloped land and unused or underutilized buildings, 
     or parts or parcels thereof, belonging to the United States 
     and part of the National Cemetery System established by 
     section 2400 of this title. Any lease made to any public or 
     nonprofit organization may be made without regard to the 
     provisions of section 3709 of the Revised Statutes (41 U.S.C. 
     5). Notwithstanding section 321 of the Act of June 30, 1932 
     (40 U.S.C. 303b), or any other provision of law, a lease made 
     pursuant to this subsection to any public or nonprofit 
     organization may provide for the maintenance, protection or 
     restoration by the lessee as a part or all of the 
     consideration for the lease. Prior to execution of any such 
     lease, the Secretary shall give appropriate public notice of 
     the Secretary's intention to do so in the newspaper of the 
     community in which the lands or buildings are located.
       ``(b) Notwithstanding any other provision of law, proceeds 
     from the lease of National Cemetery land or buildings and 
     from agricultural licenses shall be deposited to the National 
     Cemetery Administration account to assist cemetery operations 
     and maintenance of cemetery property.''.
       (b) Clerical Amendments.--The table of sections at the 
     beginning of chapter 24 is amended by adding at the end 
     thereof the following new item:

``2412. Lease of land and buildings; retention of proceeds.''.

     SEC. 4. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION 
                   PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 5102 is amended by adding at the 
     end thereof the following new subsection:
       ``(c) Time Limitation.--(1) If information that claimant 
     and the claimant's representative, if any, are notified under 
     subsection (b) is necessary to complete an application is not 
     received by the Secretary within one year from the date of 
     such notification, no benefit may be paid or furnished by 
     reason of the claimant's application.
       ``(2) This subsection shall not apply to any application or 
     claim for Government life insurance benefits.''.

[[Page S4495]]

       (b) Repeal of Superseded Provisions.--Section 5103 is 
     amended--
       (1) by striking ``(a) Required Information and Evidence.--
     '' ; and
       (2) by striking subsection (b).
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if enacted on November 9, 2000, 
     immediately after the enactment of the Veterans Claims 
     Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096).

     SEC. 5. MODIFICATION OF LIMITATION ON OBLIGATIONS FOR ADVANCE 
                   PLANNING.

       Section 8104 is amended by adding at the end thereof the 
     following new subsection:
       ``(g) Subsection (f) shall not apply with respect to the 
     obligation of funds for a project if the project is 
     specifically authorized by law prior to the obligation of 
     funds.''.
     Hon. Richard B. Cheney,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: I am transmitting a draft bill, the 
     ``Veterans' Programs Amendments Act of 2002''. I request that 
     this draft bill be referred to the appropriate committee for 
     prompt consideration and enactment.


                         BURIAL PLOT ALLOWANCE

       Section 2(a) of the draft bill would amend 38 U.S.C. 
     Sec. 2303(b) to authorize payment of the burial plot 
     allowance to states for each veteran interred in a state 
     veterans' cemetery at no cost to the veteran's estate or 
     survivors.
       Under current section 2303(b)(1), the Secretary of Veterans 
     Affairs is authorized to pay to a state a $300 plot or 
     interment allowance for each eligible veteran buried in a 
     qualifying state veterans' cemetery. Such allowance is 
     authorized only if the veteran: (1) was a veteran of any war; 
     (2) was discharged from active service for a service-
     connected disability; (3) was receiving Department of 
     Veterans Affairs (VA) compensation or pension at the time of 
     death; or (4) died in a VA facility. The proposed amendment 
     would expand this authority to permit payment of the plot 
     allowance to states for burial in state veterans' cemeteries 
     of all eligible peacetime veterans.
       This amendment would encourage state participation in the 
     State Cemetery Grants Program (SCGP). In 1978, Congress 
     established the SCGP to complement VA's national cemetery 
     system by assisting states in providing burial plots for 
     veterans in areas where existing national cemeteries cannot 
     satisfy veterans' burial needs. State officials have 
     indicated to VA that they consider future maintenance costs 
     when deciding whether to pursue a state cemetery grant. To 
     the extent that the amendment would help defray those 
     maintenance costs and encourage states to establish veterans' 
     cemeteries, it would make the benefit of burial in such a 
     cemetery an accessible option for more veterans.
       This amendment would allow states to receive plot allowance 
     payments for approximately 1,200 additional interments 
     annually. The costs associated with the enactment of this 
     provision would be $360,000 for fiscal year (FY) 2003 and 
     $3.6 million for the ten-year period from FY 2003 through FY 
     2012.


           LEASE OF LAND AND BUILDINGS; RETENTION OF PROCEEDS

       Section 3(a) of the bill would authorize the Secretary of 
     Veterans Affairs to lease undeveloped acreage and unused and 
     underutilized buildings of the National Cemetery System and 
     to retain the proceeds from leases or agricultural licenses.
       Land is the primary asset entrusted to the National 
     Cemetery Administration (NCA), which currently maintains 
     approximately 14,650 acres. Land dedicated for burial 
     purposes is developed in ten-year increments using a ``just-
     in-time'' approach that carefully monitors depletion of 
     gravesites, projected burial requirements and estimated 
     timing for new construction activities. Additionally, certain 
     sections of many national cemeteries are unsuitable for 
     development into burial sections due to the presence of 
     wetlands, rock outcroppings or sloped terrain. Acreage that 
     is unsuitable for burial purposes and land not yet needed for 
     development represents a significant underutilized asset.
       Amending existing law to authorize NCA to enter into lease 
     agreements would provide NCA with more flexibility in finding 
     current uses for land that otherwise would remain idle until 
     it was needed for development. It also would permit buildings 
     that are currently not in use to be leased and by so doing, 
     to be maintained by the lessee. This authority is similar to 
     the lease authority given to the Veterans Health 
     Administration (VHA).
       NCA already has authority to execute limited-term 
     agricultural licenses and has done so at certain national 
     cemeteries. The license permits grazing, sod farming or 
     planting rotational crops on unused acreage. These activities 
     directly benefit the cemetery by keeping the land cleared, 
     attractive and well maintained. However, receipts for the use 
     of this land must be deposited with the U.S. Treasury. 
     Additionally, NCA has historic lodges and other buildings 
     that could generate revenue for the cemetery if NCA were able 
     to retain the proceeds from leases.
       The receipts retained by NCA would assist in maintaining 
     national cemeteries. The money would be deposited in the 
     National Cemetery Administration account to be used for 
     grounds maintenance, e.g., mowing, trimming, and fertilizing, 
     as well as building maintenance. The additional funds will 
     help to maintain national cemeteries as shrines dedicated to 
     our Nation's history, nurturing patriotism and honoring the 
     service and sacrifice veterans have made on behalf of the 
     United States.
       We estimate that section 3 of the bill would generate 
     annual proceeds of approximately $100,000.


            TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION

       Section 4(a) and (b) of the draft bill would make a 
     technical correction to the statutory provisions created by 
     the Veterans Claims Assistance Act of 2000 (VCAA), Pub. L. 
     No. 106-475, 114 Stat. 2096. Section 4(c) would make that 
     correction effective as if enacted immediately after the 
     VCAA.

                               Prior Law

       Before the enactment of the VCAA, 38 U.S.C. Sec. 5103(a) 
     required VA, if a claimant's application for benefits was 
     incomplete, to notify the claimant of the evidence necessary 
     to complete the application. Section 5103(a) further 
     provided: ``If such evidence is not received within one year 
     from the date of such notification, no benefits may be paid 
     or furnished by reason of such application.''
       In accordance with former section 5103(a), VA regulations 
     provide that, if evidence requested in connection with a 
     claim is not furnished within one year after the date of 
     request, the claim will be considered abandoned. After the 
     expiration of one year, VA will take no further action unless 
     it receives a new claim. Furthermore, should the right to 
     benefits be finally established, benefits based on such 
     evidence would commence no earlier than the date the new 
     claim was filed. 38 C.F.R. Sec. 3.158(a).
       Before the enactment of the VCAA, title 38, United States 
     Code, contained no provision requiring VA to notify a 
     claimant of the evidence necessary to substantiate a claim.

                              Current Law

       Section 3(a) of the VCAA struck former 38 U.S.C. 
     Sec. Sec. 5102 and 5103 and added new sections 5102 and 5103. 
     114 Stat. at 2096-97. Now section 5102(b) requires VA, if a 
     claimant's application for a benefit is incomplete, to notify 
     the claimant (and his or her representative, if any) of the 
     information necessary to complete the application. Section 
     5102 contains no provision concerning a time limitation for 
     the submission of information necessary to complete an 
     application.
       Now section 5103(a) requires VA, upon receipt of a complete 
     or substantially complete application for benefits, to notify 
     the claimant (and his or her representative, if any) of any 
     information and evidence not previously provided to VA that 
     is necessary to substantiate the claim. Furthermore, that 
     notice must indicate which portion of that information and 
     evidence, if any, is to be provided by the claimant and which 
     portion, if any, VA will attempt to obtain on the claimant's 
     behalf. Section 5103(b)(1) provides, in the case of 
     information or evidence that the claimant is notified is to 
     be provided by him or her, if VA does not receive such 
     information or evidence within one year from the date of such 
     notification, no benefit may be paid or furnished by reason 
     of the claimant's application.

                              Implications

       As a result of the amendments made by the VCAA, the 
     statutory provision imposing a one-year limitation now 
     relates to the substantiation of claims rather than to the 
     completion of applications. We do not believe Congress 
     intended this change from prior law. This change raises 
     several potential problems.
       Without a statutory limitation of one year to complete an 
     application, VA no longer has a statutory basis for closing 
     an application as abandoned. Thus, if a claimant were to 
     submit an incomplete application for benefits, but not 
     respond to VA's notice of the information necessary to 
     complete it until many years later, the award of any benefit 
     granted on the basis of that application would have to be 
     effective from the date of the application, even though the 
     claimant took no action to complete it for many years. 
     Further, it appears that VA would be unauthorized to close or 
     deny the claim based on the claimant's failure to respond. We 
     do not believe Congress intended this result. Rather, we 
     believe that the former one-year statutory limitation on the 
     time available to complete an application should be restored.
       The statutory limitation of one year to substantiate a 
     claim also raises potential problems. One such problem is the 
     possibility that courts will interpret the provision to 
     preclude VA from deciding a claim until one year has expired 
     from the date VA gives notice of the information and evidence 
     necessary to substantiate the claim. Exactly that 
     interpretation has been offered by several veterans' service 
     organizations challenging VA's regulations implementing the 
     VCAA. Under those regulations, as part of VA's notice under 
     section 5103(a), VA will request the claimant to provide any 
     evidence in the claimant's possession that pertains to the 
     claim. We ask for the evidence within 30 days, but tell the 
     claimant that one year is available to respond. If the 
     claimant has not responded to the request within 30 days, VA 
     may decide the claim before expiration of the one year, based 
     on all the information and evidence contained in the file, 
     including information and evidence it has obtained on the 
     claimant's behalf. However, VA will have to readjudicate the 
     claim if the claimant subsequently provides the information 
     and evidence within one year of the date of the request. 38 
     C.F.R. Sec. 3.159(b)(1).

[[Page S4496]]

       VA issued those rules ``to allow for the timely processing 
     of claims.'' 66 Fed. Reg. 17,834, 17,835 (2001). Once an 
     application had been substantially completed, VA does not 
     want to have to wait one year to decide the claim, given the 
     large backlog of claims awaiting adjudication by VA and the 
     Secretary's commitment to reducing the backlog and shortening 
     the time VA takes to adjudicate claims. What VA considers to 
     be Congress' inadvertent moving of the one-year limitation 
     from the provision relating to completion of applications 
     to the provision relating to the substantiation of claims 
     could impede VA's efforts to improve service to veterans. 
     VA doubts that Congress intended to require VA, after 
     requesting evidence from a claimant, to keep the claim 
     open and pending for a full year if the claimant has not 
     yet responded.
       Furthermore, section 5103(b)(1)'s clear and unambiguous 
     language appears to prohibit the payment of benefits even 
     though VA could allow a claim. For example, VA might be able 
     to allow a claim on the basis of evidence VA obtained on the 
     claimant's behalf, even though the claimant has not provided 
     the evidence requested of him or her. Or VA might find clear 
     and unmistakable error in a prior denial and need to grant 
     benefits on the claim that was erroneously denied. Yet 
     section 5103(b)(1) prohibits the payment or furnishing of any 
     benefit if VA does not receive within one year the 
     information or evidence the claimant is to provide according 
     to VA's notice. Surely, Congress did not intend such a 
     result.
       Finally, some of VA's pro-veteran regulations will have to 
     be changed unless the one-year time limitation is removed 
     from section 5103. For example, 38 C.F.R. Sec. 20.1304(a) 
     permits an appellant to submit additional evidence during the 
     90 days following notice that an appeal has been certified to 
     the Board of Veterans' Appeals and the appellate record has 
     been transferred to the Board. That 90-day period may extend 
     beyond the one-year period following notice of the 
     information and evidence necessary to substantiate the claim 
     given under section 5103(a), in which case it would conflict 
     with the statutory mandate that ``no benefit may be paid or 
     furnished by reason of the claimant's application'' if VA 
     does not receive the evidence within one year from the date 
     of the section 5103(a) notice. Another potentially 
     conflicting regulation is 38 C.F.R. Sec. 3.156(b), which 
     deems new and material evidence received before expiration of 
     the one-year appeal period (beginning when notice of the 
     decision on a claim is sent) or before an appellate decision 
     is made if a timely appeal is filed to have been filed in 
     connection with the claim pending at the beginning of the 
     appeal period. Because the one-year appeal period necessarily 
     extends beyond the one-year substantiation period, the 
     regulation authorizes the grant of benefits based on evidence 
     not timely received under section 5103(b), contrary to the 
     statutory mandate.
       Accordingly, we propose a technical amendment to sections 
     5102 and 5103 that would prevent these problems. Our draft 
     bill would restore the one-year limitation to section 5102 
     and remove it from section 5103. It would make these 
     technical amendments effective as if enacted immediately 
     after the VCAA.


             LIMITATION ON OBLIGATIONS FOR ADVANCE PLANNING

       Section 5 of the bill would eliminate the limitation on 
     certain obligations for advance planning.
       Section 8104(f) of title 38, United States Code, currently 
     provides that the Secretary may not obligate funds on an 
     amount in excess of $500,000 from the Advance Planning Fund 
     of the Department until the Secretary submits to the 
     committees of Congress a report on the proposed obligation, 
     and a period of 30 days has passed after the date the 
     committees have received the report.
       The reporting requirement was established to ensure that 
     the VA committees were knowledgeable of VA project 
     development activities. At present, these committees 
     participate in the authorization process and, as a result, 
     are knowledgeable of the projects that have already been 
     authorized by Congress. However, because the reporting 
     requirement still applies to projects that have already been 
     authorized by Congress, the Secretary is precluded from 
     funding these projects until after a report is submitted to 
     the committees and the 30-day period has passed. The current 
     limitation places a two to three month delay on those 
     projects that have already been authorized by Congress.
       The proposed legislation would eliminate the limitation 
     only for those projects that have already been authorized by 
     Congress in accordance with 38 U.S.C. Sec. 8104(2). 
     Consequently, the elimination of this limitation would remove 
     the duplication of effort on the part of VA and Congress.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this legislative 
     proposal to the Congress.
           Sincerely yours,
                                              Anthony J. Principi.
       Enclosure.

                      Section-by-Section Analysis


       DRAFT BILL: ``VETERANS' PROGRAMS AMENDMENTS ACT OF 2002''

   Section 1. Short Title; References to Title 38, United States Code

       Section 1(a) would state the short title to the Act: the 
     Veterans' Programs Amendments Act of 2002. Section 1(b) would 
     provide that all amendments made by the Act, unless otherwise 
     specified, are to a section or other provision of title 38, 
     United States Code.

                    Section 2. Burial Plot Allowance

       Section 2(a) would amend 38 U.S.C. 2303(b) to authorize 
     payment of the burial plot allowance to states for each 
     veteran interred in a state veterans' cemetery at no cost to 
     the veteran's estate or survivors. Currently, section 
     2303(b)(1) authorizes VA to pay a state a $300 plot or 
     interment allowance for each eligible veteran buried in a 
     qualifying state veterans' cemetery. Such allowance is 
     authorized only if the veteran: (1) was a veteran of any war; 
     (2) was discharged from active service for a service-
     connected disability; (3) was receiving VA compensation or 
     pension at the time of death; or (4) died in a VA facility. 
     The proposed amendment would expand this authority to permit 
     payment of the plot allowance to states for burial in state 
     veterans' cemeteries of all eligible peacetime veterans.
       Section 2(b) would make the amendments made by subsection 
     (a) applicable to burial of persons dying on or after the 
     date of the Act's enactment.

     Section 3. Lease of Land and Buildings; Retention of Proceeds

       Section 3(a) would add to Chapter 24 of title 38, United 
     States Code, new section 2412. Section 2412(a) would 
     authorize the Secretary of Veterans Affairs to lease, for a 
     term not to exceed 3 years, undeveloped land and unused or 
     underutilized buildings, or parts or parcels thereof, of the 
     National Cemetery System. This authority would mirror the 
     Secretary's authority in section 8122 of title 38, to lease 
     land or buildings at a VA medical facility. A lease made to a 
     public or nonprofit organization can be made without regard 
     to the advertising requirements of section 5 of title 41, 
     United States Code, and it can provide for the public or 
     nonprofit to maintain, protect or restore the property in 
     lieu of monetary consideration. Section 2421(b) would 
     authorize the proceeds generated by the lease or the proceeds 
     received from an agricultural license to be deposited to the 
     National Cemetery Administration account to assist 
     cemetery operations and maintenance of cemetery property.
       Section 3(b) would add to the table of contents at the 
     beginning of chapter 24 a new item to reflect the addition of 
     section 2412.

Section 4. Time Limitation on Receipt of Claim Information Pursuant to 
               Request by Department of Veterans Affairs

       Section 4(a) and (b) would remove a time limitation from 38 
     U.S.C. Sec. 5103 and restore it to 38 U.S.C. Sec. 5102. The 
     provision, currently in section 5103(b), prohibits VA from 
     paying or furnishing any benefit by reason of an application 
     if VA has not received certain information and evidence 
     within one year of notifying the claimant that the 
     information and evidence is necessary to substantiate the 
     claim and that the claimant is to provide them. If moved to 
     section 5102, the provision would prohibit VA from paying or 
     furnishing any benefit by reason of an application if VA has 
     not received certain information within one year of notifying 
     the claimant that the information is necessary to complete 
     the application.
       Section 4(c) would make the amendments made by subsections 
     (a) and (b) effective as if enacted on November 9, 2000, 
     immediately after the enactment of the Veterans Claims 
     Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096.

   Section 5. Modification of Limitation on Obligations for Advanced 
                                Planning

       Section 5 would add to the end of section 8104 of title 38, 
     United States Code, a new subsection (g) eliminating a 
     limitation on the obligation of funds from the Advance 
     Planning Fund for certain projects. At present, 38 U.S.C. 
     Sec. 8104(f) provides that the Secretary may not obligate 
     funds on an amount in excess of $500,000 from the Advanced 
     Planning Fund of the Department until the Secretary submits 
     to the committees of Congress a report on the proposed 
     obligation and a period of 30 days has passed after the date 
     the committees have received the report. The reporting 
     requirement applies to projects that have already been 
     authorized by Congress, and the Secretary is therefore 
     precluded from funding these projects until after a report is 
     submitted to the Committees and the 30-day period has passed. 
     The current limitation places a two to three month delay on 
     those projects that have already been authorized by Congress. 
     Elimination of this limitation, as contemplated by section 5, 
     would remove duplication of effort on the part of VA and 
     Congress for those projects that have been authorized in 
     accordance with title 38 U.S.C. Sec. 8104.
                                 ______